Loading...
HomeMy WebLinkAboutOrdinance 5013 11111 Hill Doc Recorded : 05/17 /20070atr02 44:45 PM Fee Amt : $17 . 00 Pace 1 of 4 Washlnaton Countv . AR Bette Stamps Clrcult Clerk I Flle2007_000188111 ORDINANCE NO. 5013 AN ORDINANCE APPROVING VAC 07-2522 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT THE WEST SIDE OF GREGG AVENUE, BETWEEN 6r" AND PRAIRIE STREETS, VACATING A 20' WIDE PORTION OF UN-CONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 0.20 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described right-of-way: See Exhibit "B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . Any relocation of existing utilities shall be at the owner/developer's expense including the possible need for additional utility easements. 2. Ten feet of the eastern half of the subject area is required to be retained as a utility easement to protect existing gas facilities. 3 . At the time of development of the applicant's property along Gregg Avenue, Gregg Avenue shall be improved to Master Street Plan standards. Page 2 Ord.5012 PASSED and APPROVED thisl st day of May, 2007. APPROVED: ATTEST: J �, By: x6m By: DAN COODY, Mayor SON RA SMITH, City Clerk/Treasurer „nvrnr„ Z` Y O sLp ZCJ �? ; FAYETTEVILLE • '�,,,,GTON ,,.,. .. .. GOVERNMENT STREET �--� I I I mm ID X nCiQ AI - O O + 0 >� 00 cn Z zoo m� rn m H GREGG AVENUE - ti O m � z yl � X g CD Z - O p rn I o I I xD v -- N 1'f m aN2m mvmaZ aEo m: D Ln 5: moi I ti 1 m Z I m 2 1 1A /� I ZZO pOOA y '� NO -I � NO Q N •• 1 _sp � F, Z ® rn = obz � o m � ti 1 Finn l m � O {map I -err- zp � -a�caoK zlnmo ammo D - I 3 �1 � � ,Y O a D m V A 'a V V A nl N N Z CJ :tt N 2 y O C7 A 5 O a D N O Z O 2 art DO Vl O U O Z Q y ® O Z O z z a n czi D g Z7 CD g My �j v Z I mm AO mCDas r -nm Ao -1 N om SZ m � O l f" j a � - EXHIBIT `B" VAC 07-2522 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, LYING IN THE EXISTING RIGHT-OF-WAY OF GREGG AVENUE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ON THE EXISTING WEST RIGHT-OF-WAY OF GREGG AVENUE AND RUNNING THENCE N90000'00"E 20.00' ALONG THE SOUTH RIGHT-OF-WAY OF PRAIRIE STREET, THENCE S0004115311E 432.79' TO THE NORTH RIGHT-OF-WAY OF SIXTH STREET, THENCE S8905510211W 20.00' ALONG SAID RIGHT-OF-WAY TO A POINT ON THE EAST LINE OF LOT 9 OF SAID FERGUSON ADDITION AND THE EXISTING WEST RIGHT-OF-WAY OF GREGG AVENUE, THENCE N00041153 "W 432.82' ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES, MORE OR LESS. Washington County, AR I certify this linstrumen't ,wasifiled ion ,05Y1'7Z200r7 102;44':45 !RM Land recorded iin [Real Estate File Numb er %2007=:0001"889 Bette Starns . :Circuit le i [by — - ILIL - City of Fayetteville s11 f Staff Review Form City Council Agenda Items It X01+3 or u v Contracts oq "d�a A 1 -May-07 City Council Meeting Date Jeremy Patel Planning Operations Submitted By Division Department Action Required: VAC 07-2522: (Johnson, 523): Submitted by Bates and Associates for property located at the west side of Gregg Avenue, between 6th and Prairie Streets. The request is to vacate a 20' wide portion of un-constructed right-of-way along the west side of Gregg Avenue between 6th Street and Prairie Street. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ - Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Director Date Original Contract Date: n/a Original Contract Number: n/a ti - v7 City Attorney 0 A Received in �E*Is Office Finance and Internal Service Director Date Received in Mayor's Office E ED L / Mayr Date Comments: City Council Meeting of May 1 , 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning* Date: April 10, 2007 Subject: Right-of-way Vacation for Johnson (VAC 07-2522) RECOMMENDATION The Planning Commisison and , staff recommend approval of an ordinance vacatin unconstructed right-of-way located on the west side of Gregg Avenue, between between 6 Street and Prairie. BACKGROUND The subject property was originally developed . in the 1960's and the original structure currently contains the Johnson Mechanical Contractors building at 513 West Prairie Street. There is a 20' wide strip of un-constructed right-of-way along the property's Gregg Avenue street frontage that is requested to be vacated (0.20 acres). Gregg Avenue currently has 60' of existing right-of-way and is designated as an ST-40 Street in the Master Street Plan requiring only 40' of right-of-way. The subject area of right-of-way is not anticipated to be needed by the City for transportation purposes because 40' of required right-of-way for Gregg Avenue would remain in accordance with the Master Street Plan' s designation of the Gregg as an ST-40 Street. The applicant requests the City to vacate 0.20 acres of right-of-way along the west side of Gregg Avenue. DISCUSSION The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval. Notification was provided to all appropriate utility representatives and property owners. Conditions of approval are recommended in order to satisfy the comments made by utility companies and city representatives. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2522 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT THE WEST SIDE OF GREGG AVENUE, BETWEEN 6T" AND PRAIRIE STREETS, VACATING A 20' WIDE PORTION OF UN-CONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 0.20 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined .that the following described portion of the platted street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described right-of-way: See Exhibit `B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. ' Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . Any relocation of existing utilities shall be at the owner/developer's expense including the possible need for additional utility easements. ` 2. Ten feet of the eastern half of the subject area is required to be retained as a utility easement to protect existing gas facilities. 3 . At the time of development of the applicant's property along Gregg Avenue, Gregg Avenue shall be improved to Master Street Plan standards. Page 2 Ord. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SbIITR City Clerk/Treasurer EYMrr "B" VAC 07-2522 A PART OF T14E SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, LYING IN THE EXISTING RIGHT-OF-WAY OF GREGG AVENUE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ON THE EXISTING WEST RIGHT-OF-WAY OF GREGG AVENUE AND RUNNING THENCE N90000'00"E 20.00' ALONG THE SOUTH RIGHT-OF-WAY OF PRAIRIE STREET, THENCE S0004115311E 432.79' TO THE NORTH RIGHT-OF-WAY OF SIXTH STREET, THENCE S89055'02"W 20.00' ALONG SAID RIGHT-OF-WAY TO A POINT ON THE EAST LINE OF LOT 9 OF SAID FERGUSON ADDITION AND THE EXISTING WEST RIGHT-OF-WAY OF GREGG AVENUE, THENCE N00041 '53"W 432.82' ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES, MORE OR LESS. 7aye I PC Meeting of April 9, 2007 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Mffeh, .a.oh ''ter Updated April 10, 2007 VAC 07-2522: (JOHNSON, 523): Submitted by BATES & ASSOCIATES for property located at THE WEST SIDE OF GREGG AVENUE, BETWEN 6TH AND PRAIRIE STREETS. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.20 acres. The request is to vacate a 20' wide portion of un-constructed right-of-way along the west side of Gregg Avenue between 6th Street and Prairie Street. Property Owner: Stanley P. Johnson Planner: Andrew Gamer Findings: Property Description and Background: This property is located on the west side of Gregg Avenue, north of 6s' Street and south of Prairie Street. This property was originally developed in the 1960's and the original structure currently contains the Johnson Mechanical Contractors . building at 5 13 West Prairie Street. There is a 20' wide strip of un-constructed right-of-way along the property's Gregg Avenue street frontage that is requested to be.vacated (0.20 acres). Gregg Avenue currently has 60' of existing right-of-way and is designated as an ST40 Street in the Master Street Plan requiring only 40' of right-of-way. The subject area of right-of-way is not anticipated to be needed by the City for transportation purposes because 40' of required right-of-way for Gregg Avenue would remain in accordance with the Master Street Plan's designation of the Gregg as an ST-40 Street Request: The applicant requests the City to vacate 0.20 acres of right-of-way along the west side of Gregg Avenue. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections K:aeports12007TC Reports104-09407TVAC 07-2522 Qohnson).doc Arkansas Western Gas No Objections; provided that 10' of the eastern half is needed for easement to protect existing facilities. Southwestern Bell Telephone Relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility easements. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No objections to the project have been received. The applicant adjoins all of the right-of-way being requested for the vacation along this block. Recommendation: Staff recommends forwarding (VAC 07-2522) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1 . Any relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility easements. 2. Ten feet of the eastern half of the subject area is required to be retained for utility easement to protect existing gas facilities. 3 . At the time of development of the applicant's property along Gregg Avenue, Gregg Avenue shall be improved to Master Street Plan standards. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: April 9, 2007 Motion: Trumbo Second: Ostner Vote: &0 Comments: Approved on consent agenda. The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date KARcports\2007\PC Rcpons104-09-07WAC 07-2522 (Johmon).doc CMI Engineering & Surveying 3561 No. College / Fayetteville, AR 72703 PH: 479-442-9350 / FAX: 479-521-9350 February 27, 2007 RE: Gregg Ave. right-of-way vacation This letter is a description of a vacation of right-of-way along Gregg Ave. north of 6th SL and south of Prairie St. We are petitioning the City of Fayetteville to release a portion of that right- of-way. The proposed portion is 2013 of right-of-way along the western portion of Gregg Ave. and is adjacent to two parcels of property owned by Stanley Johnson. The resultant right of way for Gregg Ave. will be 4011 as it is per the Master Street Plan. If the city releases the right-of- way our client, Mr. Johnson, will be able to develop more of his property. Currently a 20ft paved asphalt road occupies the eastern portion of the right-of-way. If you have any questions or concerns please contact me. Sincerely, Bates & Associates, Inc. James Geurtz, El Staff Engineer Bates Asociates, inc_ Civil Engineering. a Surveying 3561 No. College I Fayetteville, AR 72703 PH: 479-442-9350 / FAX: 479-521-9350 March 6, 2007 Ms. Jan Gumble Fayetteville Planning City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Gregg St Ro W Vacation Dear Ms. Gumble This letter is in response to our conversation concerning the RoW Vacation application for Stan Johnson. The two adjacent property owners have been sent letters via certified mail. I have tried to contact James Boyd at Arkansas Western Gas three times without success. And you have told me. that you would contact the City of Fayetteville's Water and Sewer department. If you need anything else for this application please let me know Sincerely, James Geurtz, EI Staff Engineer Bates & Associates, Inc. FEB-20-2007 TUE 07:22 All P, 01 /01 . UTILITY APPROVAL FORM FOR RfcHT- Or- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1/29/07 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: Stan Johnson REQUESTED VACATION: APPLICANT PHONE: (479) 442-5287 ❑ Utility Easement X Right-of-way for alley or streets and all utility casements located within the vacated right- of- way: D Alley X Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: General location / Address (referring to attached document- must be completed**) West side of Gregg Ave. between 6t° St. and Prairie St. t* (ATTACH legal description gad graphic representation of what is being vacated- S'Okl2°1P) UTILITY COMPANY COMMENTS: -- No ollieetions to the vacation(s) described above. — No objections to the vacation(s) descaibed above, provided following described easements are retained. (State the location, dimensions, and purpose below.) — No objections provided the following conditions are met: Signature of Utility Company Representative _Ss cam.S'li ejdj%q le i Title 02/20/2007 17:38 4798720174 COX CONSTRUCTION UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1/29/07 UTILITY COMPANY: On Communications APPLICANT NAME: Stan Johnson APPLICANT PHONE: (479) 4,12-5287 REQUESTED VACATION: fJ Utility Easement X Right-of-way for alley or streets and all utility easements located within th.e vacated right- of- way. 11 Alley. X Street right-of-way I have been notified of the petition to vacate the following (alley, casement, right-of- way), described as follows: General location / Address (referring to attached document- must be completed**) West side of Gregg Ave. between 6a' St. and Prairie St. ** (ATTACH legal description and graphic representation of what is being vacated - SURVEY) UTILITY COMPANY COMMENTS: y No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described casements arc retained. (State the location, dimensions, and purpose below.'i No objections provided the following conditions are met: Signature of Utility Company Representative Title PAGE 02/02 feb. 21. 2001 10: 11AM FAY.Sf. OUST SVC No. 1340 P. 2 UTILITY APPROVAL FORM fX , �S7 61 FOR RIGHT- OF -WAY, ALLEY, AND pr 7 UTILITY EASEMENT VACATIONS K5 DATE: 1/29/07 UTILITY COMPANY: AEP/SWEPCO APPLICANT NAME: Stan Johnson APPLICANT PHONE: (479) 442-5287 REQUESTED VACATION: O Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. O Alley X Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: General location / Address (referring to attached document- must be completed' •) West side of Gregg Ave. between 6' St. and Prairie St. *4 (A7"IACIY legal description and graphic representation of what is being vacated- S.URVEIj UTILITY COMPANY COMMENTS: Vi No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: SUIDCO t�UIQ'� Title 'nT.41TT'MCH-vJ65�rM1p•nR:� • .APR®-Tr\i,ir36ryl Jan Gambill - Gregq ave between 6th prairie 11 vAc, Arkansas Vtestern Gas Company A subsidiary of Southwestern Energy Company UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Thursday, March 08. 2007 UTILITY COMPANY: Arkansas Western Gas Company REQUESTED VACATION: Q Street ❑ Utility Easement ❑ Street and all the utility easements located within the vacated street ❑ Rghiof-way for alley or street ❑x Right-of-way for alleys or streets and all utility easements located within the vacated right-of-way ❑ Alley ❑ Alley and all utility easements located within the vacated alley I have been notified of the petition to vacate the following Utility Easement (Please see list above) Description described as follows: West side of Gregg Avenue between 6th Street and Prairie Street in Fayetteville, Arkansas. Legal description and graphic representation attached. UTILITY COMPANY COMMENTS: ❑ No objections to the vacates described above. I No objections to the vacates described above, provided following described easements are retained. Please state the location, dimensions, and purpose below. Arkansas Western Gas has no objections of releasing 10 feet of the western portion of (he easement We will need to retain 10 feet of the eastern half to protect our facilities. Signature Company Representative Fayetteville Assistant Operating Manager Title Mar 05 2007 2:31PM DATE: 1/29/07 F BOTES S ASSOCIATES INC. 475 521 3350 P.2 UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: Arkansas Western Gas APPLICANT NAME: Stan Johnson APPLICANT PHONE: (479) 442-5287 REQUESTEDVACATION: ❑ Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley X Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right -of way), described as follows: General location I Address (referrin¢ to attached document- must be completed) West side of Gregg Ave. between 6' St and Prairie St I. (A7TACHIegal description and graphic representation of what is being rvuted- SURVEY) UTILITY COMPANY COMMENTS: - No objections to the vacation(s) described above. - No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) -No objections provided the following conditions ate met: Signature of Utility Company Representative _ Mar 05 2007 2:31PM BATES & ASSOCIATES INC_ 479 521 9350 p.3 Tfr__.-._ CDOERNYEM STREET--____-___.TJ J 7 imm 7ImINN II Z COO # I71 O O �aN AI f.cam s nms.r-v.'y •I y� coj- __ _ LREGG AVENUl�— - _ _. _ _ _.___� mI X3 � A •1 iii3O�r sy O 1`I 1 � 2 O I 1 � m � O O I1 {g W > J C2 � m vy /A m YG 2.mV�V ��Sy J'n to`J W S� VV�� yyyy P<»<oaPn-, O,w YO O O� Y�UO� p Y1 Sm O�OA fl J SA li rn�;isMM� P1 U:�a N �• ,.�.. e c� xx o -o 5 • I I I �9ym5 .J.o o. ^ o. •• M 0iuy�pu- u p s '-'C �, H Z T$ A z Cl Nnma bbb m 1� m Ti - o ANNA - m O A m_ �y s, Z • ! • C m o 2.1. va T}! ANf OD . Z . CAL O bb SPp 2m OS UTIL][TY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1129/07 UTILITY COMPANY: SWBT APPLICANT NAME: Stan Johnson APPLICANT PHONE: (479) 442-5287 REQUESTED VACATION: ❑ Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. D Alley X Street right-of-way I have been notified of the petition to vacate the following (alley, easement; right-of- way), described as follows: General location / Address (refern.n to attached document- must be completed**) West side of Gregg Ave, between •r St. and Prairie St. (ATTACH legal description antigraphicrepresentation of what is being vacated - SURVEY) UTILITY COMPANY COMMENTS: - No objections to the vacation(s) described above. -- No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: (ATILfTh' EA5(vlENT5 N1h`( 13E .fin ) Signature of Utility Company Representative M&�JkGr2 - tn1(,- . best G t,, Title La¼t.1 V1.t: Z d OZSZSZ698b 'ON/IE:OI'.LS/IE:01 LO./2 Z Gill) WOUd 02/28/2007 16:41 FAX 4794443490 COP TRANSPORTATION DIVIS 0002 Feb -22 2007 12: 19Pn Bfl'", .L ASSOCIATES INC. 479 ' 1 9350 p.2 UTILITY APPROVAL FORM FOR REGtfl- OF. WAY, ALLEY, AND UTE ITY EASEMENT VACATIONS DATE: 1/29/07 UTILITY COMPANY: City of Fayettevia Traasportafion APPLICANT NAME: Stan Johnson APPLICANT PHONE: (479) 442-5287 REQUESTED VACATION: ❑ UtilityEasement , X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. DAlley X Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: General location I Address (referring to attached document- must be completed**) West side of Gregg Ave. between r St. and Prairie St. s. (JTTACH legal descAp ion gphic trpnasentation of what is being vac&ed- SURLy) UTILITY COMPANY COMMENTS: %No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: % Siof Utility Company Representative Title a—j� 02/22/2007 1111.1 14:11 FAX 479 444 3478 COP SOLID WASTE & RECYCL Q 002/002 UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1/29/07 Sa(4 Wa+es UTILITY COMPANY: City of Fayetteville Water.1 S APPLICANT NAME: Stan Johnson APPLICANT PHONE: (479) 442-5287 REQUESTED VACATION: .O Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. O Alley -----X Streets t -of= -.way- _ --- - I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: General location / Address (referring to attached document- must be completed**) West side of Gregg Ave. between 61° St. and Prairie St. (ATTACK legal description agraphic representation of what is being vacated - SURVEY) UTILITY _ No objections to the vacation(s) described above. — No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) — No objections provided the following conditions are met: Signature of Utility Company Representative Lthsie. QeA -It- thac&nQ-kOfl Title --74 H . I I. GOVERNMENT STREET 1 i I� I Trim D x m < N n 0 A j;gi �c� O O o - I 6OO' �I Imi mi GREGG AVENUE I zl O v -D mJ O m � O N zE m z O o � c� A rn O O I I1 n 0 0 Ph ti m � •- /N .. n P •- 1 DU('1JrVm 1U00I'1Lv--J N R m zrnn Z D D-wa>oi ti - > �OZ I m XI -1F Z 1 y ti Z Z O p w 0 w O p O IJ> A SmON.Zp1N N� -AOu S]�JOWZ m �!n m •/ r • Jc 2 zO 1 r➢ rD�U :0 mm rc,1 co I m�ti 1 "in o sno AF o { ➢mzo nxo \O mo o A�ZO >ZO O :0 ro Ayn -O -'ii A NAm { J IG O D> m J !mil L O JC 0O � J z /A r N O O A S - O < . n UI -I O . Znm' DO w mII a on N z n-' O I- ® d FD In Z n n n >g A C Z 1 Z N A w f +f f `l V mr in 1 Z O y JC JC A m n = T - - _ Z " y Z Z p J • OClm y m n Q AP V'114t 4o N mm am0 m CA it u z o• N SZ m O :F 0101 0101 — O r 00 7- i @ ©E/ \ Rat ps . _(5)7/2007) Lisa Branson - Ords. 5010, 5013, and 5014 Page From: Lisa Branson To: Pate, Jeremy Date: 5/7/2007 10:17 AM Subject: Ords. 5010, 5013, and 5014 Attachments: Ord 5014 ADM 07-2565 North Point.pdf; Ord 5013 VAC 07-2522 Johnson.pdf; Ord 5010 RZN 07-2504 Sloan Cobblestone.pdf CC: Audit; GIS Jeremy, Attached are copies of the above ordinances passed by City Council, May 1, 2007. If anything else is needed just let me know. Have a great day! Thanks, Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 Ibranson@ci.favetteville.ar.us NORTHWEST ARKANSAS EDITION • Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION 1, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: ORDINANCE NO. 5013 Was inserted in the Regular Editions: May 11, 2007 - Publication Charge: $116.05 AA 0cjrQ Subscribed and sworn to before me This tay of /L(.ety 2007. Notary Public My Commission Expires: 2.0 0 7- Y0 Do not pay from Affidavit, an invoice will be sent Official Seal SEAN -MICHAEL ALj Notary Public-Arka WASHINGTON CO My Commission Expires nECENED MAY 16 2007 C%TY CLEWCS OFFiG INANCE NO. 6013 li AND SS VAC S FOR R2 SUB. 'A ��� �A A AND ASSOCIATES OFPROP- C AT THE WEST SIDE OF GREGG EN 6TH AND PRAIRIE STREETS, ' WIDE PORTION OF UN-CON- ARKANSASUN-CON- HT-OF-WAY, A TOTAL OF 0.20 the City Council has the authority under A.CA § 14-54-104 to vacate public grow ?roof which are not required for corporate purposes; and the City Council has determined that the following described portion of the pie way Is not required for corporate purposes; 49FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY iection 1: That the City Council of the City of Fayetlevllle. Arkansas hereby vacates and abandons he following described right-of-way: See Exhibit'B" attached hereto end made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached lereto and labeled Exhibit'Ashall be filed in the office of Me Recorder of the County and record- I ad in the Deed Records of the County. Section 3: That This vacation approval Is subject to the Conditions of Approval as fol- low, and shalt not be In effect until all conditions are met herein. 1, Any relocation of existing utilities shall be at the ownerldeveloper's expense including the possi- ble need for additional utility easements. 2. Ten feet of the eastern half of the subject area Is required to be retained as a utility easement to protect existing gas facilities. 3. At the time of development of the applicant's property along Gregg Avenue, Gregg Avenue shall I� be improved to Master Street Plan standards. PASSED and APPROVED M¢1st day of May, 2007. r APPROVED: ATTEST: y ClertITnasamw B. : DAN GOODY, Meyer SONDRA BMITN, City Exhibit A Is map and may be viewed in the Office of the City Clerl Treasurer during normal business fours. EXHIBIT'B' • VAC 07.2522 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWN- SHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY. ARKANSAS, LYING IN THE EXISTING RIGHT-OF-WAY OF GREGG AVENUE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF FERGUSON ADDITION TO THE CITY OF _ _.. —.__.. .r/. I.", n,ncFnc AMY nC A POINT ON THE ACRES. RIFC;rdVE® MAY i 6 2007 CITY OF FAYETrEVILLE CITY CLERKS OFFICE