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Doc ID : 011432550003 Tvoe : REL
Recorded : 08/03/2007 at 02 : 59 : 35 PM
Fee Amt : $25 . 00 Pace 1 of 3
Mashinaton Countv . AR
Bette Stamos Circuit Clerk
File2007-00030175
ORDINANCE NO, 5039
AN ORDINANCE APPROVING VAC 07-2644 SUBMITTED
BY JIM HARRELSON WITH ENGINEERING SERVICES
INCORPORATED FOR PROPERTY LOCATED ON 6T"
STREET BETWEEN LEWIS AVENUE AND EASTERN
STREET TO VACATE A PORTION OF A UTILITY
EASEMENT ON THE SUBJECT PROPERTY.
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 utility easements are 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 utility easements:
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.
Gil Y SOF SGp
PASSED and APPROVED this 17th day of July, 2007.
.U •
: FAY ETTEV I LLE :
APPROVED; ATTEST: N.
9s'�RKANSP.J2
By: By:
DAN COODY, May S NDRA SMITH, City erk/Treasurer
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EXHIBIT "B"
VAC 07-2644
A PORTION OF LOTS 1 ,2,3,4,5,6,7,8,9, 10, 11 , AND 12 OF BLOCK NO. 2 OF SUNSET
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS ACCORDING TO PLAT
RECORDED AT PLAT BOOK 5, PAGE 60A, RECORDS OF WASHINGTON COUNTY,
ARKANSAS AND IS FURTHER DESCRIBED AS THE VACATED ALLEY ACCORDING
TO FAYETTEVILLE CITY ORDINANCE NO. 2641 .
ALL BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS :
BEGINNING AT A FOUND 1 /2" REBAR AT THE SOUTHWEST CORNER OF SAID LOT
NO. 1 ; THENCE NORTH 02°55' 14"EAST, -7.50 FEET; THENCE SOUTH 87° 13 ' 11 "EAST, -
294.88 FEET; THENCE SOUTH 02°27'40"WEST, - 15 .00 FEET; THENCE NORTH
87013 ' 11 "WEST, -290.00 FEET; THENCE NORTH 8713 '28"WEST, -5 .00 FEET; THENCE
NORTH 02053 '40"EAST, 7.50 FEET TO THE POINT OF BEGINNING AND CONTAINING
4420.35 SQUARE FEET OR 0. 10 ACRES MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
08/03/2007 02:59:35 PM
and recorded in Real Estate
File Number 2007-00030175
Bette Stamps - Circuit C
by
City of Fayetteville
Staff Review Form Jv �G?
City Council Agenda Items J
or
Contracts
17-Jul-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2644: (Zaxby's, 521 ): Submitted by Jim Harrelson for property located on 6th Street between Lewis Avenue and
Eastern Street. The request is to vacate a portion of a utility easement within the subject property.
$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
�— / 03 Previous Ordinance or Resolution # n/a
Department rec or 6 ate Original Contract Date: n/a
(� Original Contract Number: n/a
City Attorney
Received in Ci Clerk frice
ENTERED
Finance and Internal Service Director Date
Received in Mayor's Office
7� 2
d dW &f a
Mayor Def ate
Comments:
City Council Meeting of July 17, 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: June 28, 2007
Subject: Easement Vacation for Zaxby's (VAC 07-2644)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a 15' general
utility easement located within the Zaxby' s Restaurant development site on the north side
of 6`h Street between Lewis Avenue and Eastern Street.
BACKGROUND
The Zaxby' s development was approved by the Planning Commission in 2006 (LSD 05-
1736) for a 3,378 square foot restaurant and associated parking. As part of the building
permit review for this development, it was determined that a 15 ' alley that was vacated
by City Council in 1980 still contains a utility easement. The location of the approved
Zaxby' s restaurant is bisected by this 15' utility easement. This easement is not needed
for this development as a new easement plat is being processed dedicating new
easements. Utility representatives have no objections to the requested vacation.
The request is to vacate approximately 0. 10 acres of the existing utility easement.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City. This
item was heard on consent at the regular Planning Commission meeting on June 25,
2007. The Planning Commission voted 8-0-0 to recommend this vacation request to the
City Council.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 07-2644 SUBMITTED
BY JIM HARRELSON WITH ENGINEERING SERVICES
INCORPORATED FOR PROPERTY LOCATED ON 67"
STREET BETWEEN LEWIS AVENUE AND EASTERN
STREET TO VACATE A PORTION OF A UTILITY
EASEMENT ON THE SUBJECT PROPERTY.
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 utility easements are 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 utility easements:
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.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
I
■�- - - - --_gym�=.� _--� J1:
Ali
EXHIBIT "B"
VAC 07-2644
A PORTION OF LOTS 1 ,2,3,4,5,6,7,839, 10, 1 I , AND 12 OF BLOCK NO. 2 OF SUNSET
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS ACCORDING TO PLAT
RECORDED AT PLAT BOOK 5, PAGE 60A, RECORDS OF WASHINGTON COUNTY,
ARKANSAS AND IS FURTHER DESCRIBED AS THE VACATED ALLEY ACCORDING
TO FAYETTEVILLE CITY ORDINANCE NO. 2641 .
ALL BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 1 /2" REBAR AT THE SOUTHWEST CORNER OF SAID LOT
NO. 1 ; THENCE NORTH 02°55 ' 14"EAST, -7.50 FEET; THENCE SOUTH 87° 13 ' 1 I "EAST, -
294.88 FEET; THENCE SOUTH 02°27'40"WEST, - 15.00 FEET; THENCE NORTH
87013 ' 11 "WEST, -290.00 FEET; THENCE NORTH 87° 13 '28"WEST, -5 .00 FEET; THENCE
NORTH 02053 '40"EAST, -7.50 FEET TO THE POINT OF BEGINNING AND CONTAINING
4420.35 SQUARE FEET OR 0. 10 ACRES MORE OR LESS.
i
Taye �, 11 PC Meeting of June 25 , 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: tm e4 ,g-2200-7 Updated June 16, 1007
VAC 07-2644: VACATION (ZAXBY'S, 521): Submitted by JIM HARRELSON
(ESLINC.) for property located on 6th STREET BETWEEN LEWIS AVENUE AND
EASTERN STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL
AND R-O, RESIDENTIAL OFFICE and contains approximately 1 .96 acres. The request
is to vacate a portion of a utility easement on the subject property.
Property Owner: George Hokayem
Planner: Andrew Garner
Findings: Staff finds that vacating the requested portion of easement would not
adversely affect access to the utilities serving the property or any other adjacent property.
Background/Property: The subject property contains 1 .96 acres located at the northeast
comer of State Highway 62 (6th Street) and Lewis Street, south of Venus Street and west
of Eastern Avenue, and is split zoned C-2 and R-O. A large scale development was
approved by the Planning Commission in 2006 (LSD 05- 1736) for a 3 ,378 square foot
Zaxby's restaurant and associated parking.
As part of the building permit review for this development, it was determined that a 15 '
alley that was vacated by City Council in 1980 still contains a utility easement. The
location of the approved Zaxby' s restaurant is bisected by this 15 ' utility easement. This
easement is not needed for this development as a new easement plat is being processed
dedicating new easements. Utility representatives have no objections to the requested
vacation.
Request: The request is to vacate the 15' utility easement (0. 10 acre) bisecting the
property.
Public Comment: Staff has received one written comment from an adjacent property
owner in opposition to this request citing that he was denied the same request on his
property.
K-\Repom%2007\PC Repons\06-25-07\VAC 07-2644 (Zaxby's) DOC
Utility Provider Responses: The applicant has submitted the required notification forms
to the utility companies and to the City_ The results are as follows:
UTILITIES RESPONSE
Ozarks ElectricNo Objections.
Cox Communications No Objections.
AEP/SWEPCO No Objections.
SBC Southwestern Bell/AT&T No Objections.
Arkansas Western Gas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections.
Transportation No Objections.
Solid Waste No Objections.
Engineering No Objections.
Recommendation: Staff recommends approval of the proposed utility easement
vacation 06-2644 with the following condition:
1 . Relocation of any existing utilities shall beat the owner/developer's expense.
PLANNING COMMISSION ACTION: yes Required
X Forwarded to City Council recommendation for approval Denied
Motion: Trumbo
Second: Graves
Vote: 8-0-0
Date: June 25, 2007
Comments:
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
CITY COUNCIL ACTION: ves Required
Approved Denied
Date: July 17, 2007
K:\Reports\2007'8C Repoiu\06-25-07\VAC 07-2644 (Zaebys).DOC
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT-OF-WAY, ALLEY, AND EASEMENT VACATION REQUESTS
DATE: June 14, 2007
ADDRESS / LOCATION of Vacation: 1600 West 6th Street
ADJACENT PROPERTY address: Lewis Avenue, Fayetteville Arkansas 72702
Lot: Block:
REQUEST VACATION:
I have been notified of the petition to vacate the following (easement) described as follows:
(Included legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
0 I have been notified of the requested vacation and decline to comment.
I do not object to the vacation described above.
I do object to the requested vacation because:
Ken E, and Kathie A. Marvin
Name of Adjacent Property Owner (printed)
Signature of Adjacent Property Owner
Engineering Service Inc - - - - - - -
Applicant Name
February 2006
Page 6
City Planning:
The rezoning request for VAC 07-2644 (Zaxby's) we have received should have been
taken care of prior to start of construction.
When I wanted to drive over an alley on my own property, the mayor (Coody), said there
would be no alleyway closures on his watch. So I was unable to build at that location.
I am totally opposed to this because I was denied this same request.
Ken Marvin
Kathie Marvin
Engineering Services, Inc.
1207 S. Old Missouri Rd. • P. O. Box 282 • Springdale, Arkansas 72765-0282
Phone: 479-751-8733 • Fax: 479-751.8746
June 14, 2007
Andrew Gamer
Planning Division
The City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Easement Vacation
Zaxby's Restaurant
Dear Sir:
The enclosed material is being submitted to vacate an easement between Lewis Avenue
and Eastern Avenue. In 1980 the alley between the two streets was vacated by Fayetteville
Ordinance 2641. The easement was not vacated at that time. A Zaxby's Restaurant is planned for
this location and the easement is located in the foot print of the building. The owners of the
location are asking that the easement be vacated at this time.
Please do not hesitate to contact me with any questions regarding this project or the request for
this vacation of an easement.
Sincerely,
Harrelson
roject Engineer
Consulting Engineers and Surveyors
Jerry W. Martin, P.E. E. Walt Lerevre, P.E. Philip C. Humbard, P.E., EL5. Brian J. Moore, P.E.
President Senior Vice President Vice President Secretary / Treasurer
Engineering Services, Inc.
1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282
Phone: 479-751-8733 • Fax:479-751-8746
REASON FOR EASEMENT VACATION
The enclosed material is being submitted to vacate an easement between Lewis Avenue and
Eastern Avenue. In 1980 the alley between the two streets was vacated by Fayetteville Ordinance
2641- The easement was not vacated at that time. A Zaxby's Restaurant is planned for this
location and the easement is located in the foot print of the building. The owners of the location
are asking that the easement be vacated at this time.
Please do not hesitate to contact me with any questions regarding this project or the request for
this vacation of an easement.
I Consulting Engineers and Surveyors
Jerry W. Martin, P.E. E. Walt LeFevre, P.E. Philip C. Humbard, P.E., P.LS. Brian J. Moore, PE.
President Senior Vice President Vice President Secretary / Treasurer
Jun 13. 2007 11:43AM No.2987 P. 4
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Jr. 12-2007 TUE 01:32 PM
P.02
UTILITY APPROVAL FORM
FOR RIGHT -OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: Juno 12,2007
UTILITY COMPANY: Oark lileceio ComwutY
APPLICANT NAME fianlaea Services. toe. APPLICANT PRONE, 119.751-8733
REQUEST VACATION (fpMtesas .eat flI*d tW h M4)
Y Udlity Eaaemmt
Ry t-of--W+a for alley or streS and all utility eaemeats loaned wldda die vacsl d fit-otsvay.
Ailey
— Street right-of-way
I have been ndfie4 of the petition to vacate die following (alley. eaaemaZ right-of-way). desaibed u follows;
Cnaral landau I Address (refetfing to attaclwd document - must be complettd ')
S.
(ATTACH Igai deserlpdoa 1A4 gnpldc rcreeaatatiaa of weft Is being vfcatsd - SURVEY)
UTILrfY COMPANY COMMENTS.
1.. Y.1✓J1\ . .1 .1.
No objccdow provided the foUowing ceadWom am met.
ry I e4 1{„ TecL
Tide
ZB 3wd SWIM3S 9NI R 1I9 G 9pL8tSL6LP EZ:EI L0&/Z1/90
06/13/2007 10:58 4798720?74 COX CONSTRICTION., PAGE 02/02
UTILITY APPROVAL FORM
FOR RIGIIIT -OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: June 12.2007
UTILITY COMPANY: Cox Communications
APPLICANT NAME: Engineering Services, Ina, APPLICANT PHONE: 479-151-8733
REQUEST VACATION (apprkaatnaa Wxkflthsts y)
v Utility Eastman
Rightof-Way for alley or sheen and all utility easements located within the vacated right-of-ny.
Alley
Street rightof--way
I have been A09 ied of the petition to vacate the following (alley, easement, rightoSwgy), described as follows:
General locution / Address (refuting to attached document - must be completed"*)
(ATTACH Regal description @ad graphic representation of what it being vacated- SURVEY)
UTILITY COMPANY COMMENTS:
QNo objections to the vacatlon(s) described above.
• No objections to the vacation(s) described alwvo, provided following described easements an retained.
(State the location, dimensions, and purposed below.)
• No objections provided the following conditions are met
r �I csa,nol3
Signature of Utility Company Representative
SsrieyoC
�
Title
Febeway 2006
Ptga 5
Z0 30tid S35IAeL3S SJNIeI3a1I fl 9hL0T9L6LY 6Z:9T L00Z/ZT/9A
Jun: 13. 2007 11:43AM
No. 2987 P. 2
DATE: June 13, 2007
UTIL.rrY APPROVAL FORM
FOR RIGHT -OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
UTILITY COMPANY: SWEPCO
APPLICANT NAME: Services, Inc. APPLICANT PHONE: 479-751-8733
REQUEST VACATION (applicant must check all that apply)
Utility Easement
Right -of -Way for alley or streets and all utility easements located within the vacated right-of-way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, tight -of -way), described as follows:
General location / Address (referring to attached document - must be
(t�� completed**)
4-kLi act drn uLe
(ATTACH legal description and graphic representation of what is being vacated - SURVEY)
UTILITY COMPANY
COMMENTS:
No objections provided the following conditions are met
Sigoat rc of Utility Company Representative
ea711 ^13-C'
Title
Page 1of!
Jim Harrelson
From: "CLOUSER, SUSAN K (ATTSWBT)" <sc9783@att.com>
To: <jlh.esi@cox-intemetcom>
Sent: Wednesday, June 13, 2007 1:09 PM
Subject: RE: Easement
Jim
Here is a copy of the E-mail I forwarded to our ROW department in Little Rock. I have no objection to the
easement vacation request and have forwarded this information to our ROW department in Little Rock to
be signed off. You will be receiving the original documentation from Little Rock. It is required you have the
vacation recorded at the court house for the vacation to be legal. If you have any questions or need further
assistance please give me a call.
Thanks Sue
From: OUSER, SUSAN K (ATTSWBT)
Sent: Wednesday, June 13, 2007 1:03 PM
To: SOMMERFELDT PALMER, LYNDA E (ATTSWBT)
Subject: FW: Easement
Lynda,
I have researched the attached easement vacation application request for Zaxby's restaurant at 6 and Lewis in
Fayetteville, Arkansas. at&t has no existing utilities within the easement I do not foresee any future need for
the easement they are requesting to be vacated. I concur with this easement vacation request
Please forward originals to:
US mail:
Jim Harrelson
ESI
P.O. BOX 282
Springdale, Arkansas
72765
or other carrier:
Jim Harrelson
ESI
1207 S Old Missouri Rd
Springdale, Arkansas
72764
From: Jim Harrelson [mailto:jlh.esi@cox-intemet.com]
Sent: Wednesday, June 13, 2007 11:44 AM
To: CLOUSER, SUSAN K (ATTSWBT)
Subject: Easement
This is the easement to be vacated.
Thank you,
Jim Harrelson
479-751-8733
6/13/2007
Lynda ag Palmer AT&T WeF: 501 373.0229
Manager -Engineering (ROW) Till West Capitol F. 501.373.0229
Rght4!-Way & Joint Use Poles Room 941 lynda.palmer@attcom
Little Rock, AR 72201
June 15, 2007
Jim Harrelson
ESI
P.O. Box 282
Springdale, AR 72765
Dear Mr. Harrelson:
RE: Easement Closing - Zaxby's Restaurant, Fayetteville
Please find enclosed AT&T's concurrence in your request to the above
mentioned vacation.
This concurrence must be recorded at the Washington County Courthouse in the
office of the circuit clerk to be complete and legal. I would appreciate you
returning a copy of the document to me at the above address for my files.
If you have any questions or comments, please call me at 501-373-5255.
Sincerely,
attachments
'VCY proud Sponsor or the US. Olympic Team
CONCURRENCE TO CLOSE
A DEDICATED UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited
partnership, d.b.a. AT&T Arkansas, hereby concurs in the vacation of a dedicated utility
easement in Fayetteville, Washington County, Arkansas, described as follows:
A portion of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Block 2 of the Sunset Addition to the City of
Fayetteville, Arkansas, according to plat of record at Plat Book 5 at Page 60A, records of Washington
County, Arkansas, and Is further described as the vacated alley according to Fayetteville City Ordinance No.
2641, all being more fully described by metes and bounds as follows: Beginning at a found ½" rebar at the
southwest comer of said Lot 1; thence N 02°55'14" east, - 7.50 feet; thence S 02°27'40" west, - 15.00
feet; thence N 8713'28" west - 50.00 feet; thence N 02°53'40" east, - 7.50 feet to the POINT OF
BEGINNING, and containing 4420.35 square feet or 0.10 acres, more or less.
Signed and executed this I? day of June, 2007.
Jean Davis
Director -Engineering /Construction
CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this the day of June, 2007, before me, the undersigned authority, duly commissioned and
qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis,
who, after being duty sworn, declared that he is the Director-Engineering/Construction for Southwestern
Belt Telephone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, and that he executed the foregoing
-instrument as the act and deed of said company of his own free will and for the purposes and
�J} ;i„E c nssiderations therein expressed and with due authority.
�r c�•
: q In witness whereof I hereunto set my hand and official seal
.;s°USL1G ;
! ;ntt$fmtrument prepared by AT&T •� Q a Q .v�,r,
fR C t , . Capitol, Room 941 Ly a E. Sommerfeldt Palmer
N ittle Rock, AR 72201 (501-373-5255) Notary Public in & for Faulkner Co., AR
My commission expires August 10, 2011
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY
AND UTILITY EASEMENT VACATIONS
DATE: 06/15/07
UTILITY COMPANY: Southwestern Bell Telephone d.b.a. AT&T Arkansas
REQUESTED VACATION:
UTILITY EASEMENT
I have been notified of the petition to vacate the following right-of-way.
Described as follows:
A portion of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Block 2 of the Sunset Addition to the City of
Fayetteville, Arkansas, according to plat of record at Ptat Book 5 at Page 60A, records of Washington
County, Arkansas, and is further described as the vacated alley according to Fayetteville City Ordinance
No. 2641, all being more fully described by metes and bounds as follows: Beginning at a found'" rebar
at the southwest comer of said Lot 1; thence N 02'55'14" east, - 7.50 feet; thence S 0227'40" west, -
15.00 feet; thence N 87'13'28" west - 50.00 feet; thence N 0253'40" east, - 7.50 feet to the POINT OF
BEGINNING, and containing 4420.35 square feet or 0.10 acres, more or less.
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
Signature of this form does not constitute a release of easement The attached
Concurrence must be recorded at the Washington County courthouse in order for this
release to be complete and legal.
Signature of AT&T Company Representative:
L a E. Sommerfeldt Pal r, Mgr: Engr. (ROW)
Jun. 25. 2007 11:15AM No. 3059 P. 2
UTILITY APPROVAL FORM
FOR RIGHT -OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: June 13 2007
UUiLTf ' COMPANY: SWEPCO
APPLICANT NAME: Engineering Services Inc.
REQUEST VACATION (applicant must check all that apply)
F₹3
Utility Easement
APPLICANT PHONE: 479-751-8731
Right -of -Way for alley or streets and all utility easements located within the vacated tight -of -way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easetnem, tight -of -way), described as follows;
General location / Address (referring to attached doewsent - must be
completed+")
UTILITY COMPANY
COMMENTS:
No objections provided the following conditious are met.
Signature of Utility Company Representative
Title
ADJACENT 1 dOPERTY OWNER NOTIFICATION FORM
FOR RIGHT-OF-WAY, ALLEY, AND EASEMENT VACATION REQUESTS
DATE: June 14, 2007
ADDRESS / LOCATION of Vacation: 1600 West 6th Street
ADJACENT PROPERTY address:
Lot: Block:
REQUEST VACATION:
1561 West 6th Street, Fayetteville, Arkansas 72702
I have been notified of the petition to vacate the following (easement) described as follows:
(Included legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
I do not object to the vacation described above.
I do object to the requested vacation because:
Signature of Adjacent Property Owner
Engineering Service, Inc.
Applicant Name
February 2006
Page 6
N
Arkansas Vlkstern Gas
Company
A subsidiary of Southwestern Energy Company
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,
ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: Wednesday, June 13, 2007
UTILITY COMPANY: Arkansas Western Gas Company
APPLICANT NAME: Engineering Services, Inc. APPLICANT PHONE: (479)751-8733
REQUESTED VACATION:
LIII Street
Utility Easement
Street and all the utility easements located within the vacated street
Right-of-way for alley or street
Right-of-way for alleys or streets and all utility easements located within the vacated right-of-way
0 Alley
Alley and all utility easements located within the vacated alley
I have been notified of the petition to partially vacate the following Alley
(Please see list above)
Description described as follows:
See Attached
UTILITY COMPANY COMMENTS:
I No objections to the vacates described above.
No objections to the vacates described above, provided following described easements are
retained. Please state the location, dimensions, and purpose below.
Signature of UtityCpmp y Representative
Fayetteville Assistant Operating Manager
Title
UTILITY APPROVAL FORM
FOR RIGHT -OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: June 13, 2007
UTILITY COMPANY: Water and Sewer
APPLICANT NAME: 4hieer�Service Inc. APPLICANT PHONE: 479-751-8733
REQUEST VACATION (applicant must checkall that
apply)
Utility Easement
Right-ofWay for alley or streets and all utility easements located within the vacated right -o( -way.
Alley
Street rightof-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 - mmst be
completed")
s«
� I I
1 11 aYl l l , .✓1111 Aj 11 YI : n
I II iYII 1 11' ..M1111. Ln t111>! .r,Y' 1 1 Iw1 1, 1' I' 444 lil L"11'11 I:1
.I- 1' ,.;,,! 1 I1.:1� 1Ir. 111 1 I\Jil I-
• • No objections provided the fallowing conditions are met.
II',hIIIIle
06/13/2007 16:06 FAX 4794443490 COF TRANSPORTATION DIVIS
, 1 1
UTILITY APPROVAL FORM
FOR RIGHT -0F -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: June 122007
UTILITY COMPANY: Tip -City of Pa3mign tie
APPLICANT NAME: Engineering Services. Inc, APPLICANT PHONE: 479-751-6733
REQUEST VACATION (appamae must aaea all an aPWyj
Utility Basement
Right -of --Way for alley or streets and all utility easements located within the vacated righbof•Hary,
Alley
Street rIgltt-of-way
I have been notified of the petition to vacate the following (allay, casement, right-of-way), described as follows:
General location! Address (refetring to attached documrat - must be completed"*)
sa
(ATTACH lepi description and graphic representation of what is being vacated - SURVEY)
UTILITY COMPANY COMMENTS:
6) No objections to the vacation(s) described above.
• No objections rn the vacation(s) described above, provided following described easements are Mined_
(State the location, dimensions, and purposed below,)
No objections provided the following eonditionb are met.
- . 6 li3 j/o�
February 2006
Page 5
C
96LOP946Lt' £t4:ST L@0/Lt/S�
06/12/2007 TUE 13:08 FAX 479 444 3478 COF SOLID WASTE & RECYCL X002/002
"'"`9611212007"'11:35 479751. aiV INEERING
UTILITY APPROVAL FORM
FOR RIGHT -OF WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: June 12, 2007
UTILITY COMPANY: Solid Waste -City of Fayetteville
APPLICANT NAME: Engincecing Services, inc. APPLICANT PHONE: 479-751-8733
REQUEST VACATION (applicant must chtctrall 4ths( apply)
Utility Easement
Right -of -Way for alley or streets and all utility easements located within the vacated right -of -Way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), dcscn'bed as follows:
General location J Address (referring to attached document - must be completed'*)
as
(ATTACH legal description aa4 graphic representation ofwhat is being vacated -SURVEY)
till 1TY COMPANY COMMENTS:
on • (State the location, dimensions, and purposed below.)
• No objections provided the following conditions arc met
Signature of Utility Comp ray Representative
tom) 'lLC1X t o N (�7�
Tim February 2006
Page 5
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(7 23.07) Clarice Pearman - Ords. 5037-5039 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 7.23.07 1:45 PM
Subject: Ords. 5037-5039
Attachments: 5039 VAC 07-2644 Zaxby's.pdf; 5037 ANX 07-2620 Keenan.pdf; 5038 RZN 07-2621
Keenan.pdf
CC: Audit; GIS
Jeremy:
Attached ordinances passed by the City Council, July 17, 2007. Please let me know if there is anything else needed. Have a good
day.
Thanks.
Clarice
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
1, Kate MacNaughton, do solemnly swear that I am the 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
City of Fayetteville: Ordinance No. 5039
Was inserted in the Regular Editions on:
July 26, 2007
Publication Charge: $110.78
Subscribed and sworn to before me
This day of , 2007.
X0 ic/dy
Notary Public
htt
My Commission Expires:
**N0TE** Please do not pay from Affidavit.
Invoice will be sent.
RECEI\IED
JUL 2 7 2007
Pt '� CITY CF FAYETTEVILLE nt CITY CLERX S OFFICE
THURSDAY, JULY 26, 2007
OMMNAMOI MD.1)OSF
AN ORDINANCE APPROVING VAC 07-2844 RUB- e
MITTED BY JIM HARRELSON WITH ENGINEERING
SERVICES INCORPORATED FOR PROPERTY LOCATED ON 8TH STREET BETWEEN LEWIS
AVENUE AND EASTERN STREET TO VACATE A ARKANSAS
PORTION OF A UTILITY EASEMENT ON THE SUB-
JECT PROPERTY
WHMMAA, the City Council Ms the Authority under A.C.A. S 14-54-104 to vacate public grounds
a portions thereof which are not required to corporate purposes; and
WHOMAA, the City Council Me deUmined that the foliwwng described portion d the platted uB-
ty easements are not required for corporate purposes;
NOW, TMu00a AA R t]IIYAIMm SY Tit CITY.OOMICIL OF TIM CRY OF
MYOTTCYIW, AIAIAIIAAM
Section 1: That the City Council of the City of Fayetteville,Arkansas hereby vacates and abandons
the fdlowing described utility easements:
See Exh loft -W attached hereto and made a pan hereof.
Section r That a copy d tlfOrdNYwY duty certified by the City clerk along with the map attached
hereto an labeled Exhibt'A' tell be flied in the office of the Recorder of the Couny and record-
ed In the peed Records of the County
Section 3: That this vacation approval is subled to the Condition of Approval as follows, and shall
not be in effect until all conditions are mat herein.
1. Any rekjcation of existing utilities shall be at the myneddevolopet's emense.
PAAMO and APPMOVM! this 17th day of July. 2007.
APPROVED: ATTEST:
BOAM 0000 V, MAet SOIIOIIA A�IITTI, City ClnLMaaaana
Exhibit A is a map end may be viewed in the oNce at the city Uerkrtreasurer during normal business
hours.
EXHIBIT'B-
VAC 07-2&4
A PORTION OF LOTS 1,2,3.4.5,8,7,8,9,10.11, AND 12 OF BLOCK NO. 2 OF SUNSET ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS ACCORDING TO PLAT RECORDED AT PLAT 8001< 5,
PAGE 804 RECORDS OF WASHINGTON COUNTY. ARKANSAS AND IS FURTHER DESCRIBED AS
THE VACEED ALLEY ACCORDING TO FAYETTEVILLE CITY ORDINANCE NO. 2641.
ALL BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 117 REBAR AT THE SOUTHWEST CORNER OF SAID LOT NO. 1;
THENCE NORTH 02°55'14 -EAST, -7.50 FEET,' THENCE SOUTH 8P13'11 -EAST, .294.88 FEET
THENCE SOUTH 02°27'40'WEST, - 15.00 FEET THENCE NORTH 07°13'11'WEST, -290.00 FEET,
THENCE NORTH 87°1Y28'WEST. 5.00 FEET THENCE NORTH 02°53'40'EAST, 7.50 FEET TO THE
POINT OF BEGINNING AND CONTAINING 4420.35 SOUARE FEET OR 0.10 ACRES MORE OR
LESS.
REGEtVED
JUt 2 7 2007
JIIY CF FME1TEVILLL
CITY CLERWS OFFICE