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HomeMy WebLinkAboutOrdinance 5068 Doc Recorded : 11%08 20020 3 tr04 : 1239 PM Fee Amt : $25 . 00 Pace 1 of 3 Nashlnoton Countv . AR Bette Stamos Circuit Clerk F11e2007_00041886 ORDINANCE NO. 5068 AN ORDINANCE APPROVING VAC 07-2706 SUBMITTED BY STITT ENERGY SYSTEMS, INC. FOR PROPERTY LOCATED AT 30 NORTH GREENBRIAR DRIVE, VACATING A PORTION OF A UTILITY EASEMENT, A TOTAL OF 288 SQUARE FEET. 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 utility easement 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 utility easement: 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. 1 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. A variance shall be obtained by the Fayetteville Board of Adjustment to allow for the approximately 12' encroachment into the rear building setback. ``` &.aKITR�s,,��� PASSED and APPROVED this 2nd day of October, 2007. r\a ,•'c0 Y aF' GP = v • • 11 - APPROVED: ATTEST: _ ; FAYETiCVItFE 3 %y s.94kANSPC� BY: By:�a�V�c DAN COOMY, ayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" D = m p mM pm T0 Z5 M m M o � (M!N . 9Z - 3AIN0 31"113'3 m -u L4 MING MVI-deM310 110 5 . . z 0 to Ca T O z NI/M — N 01'27'47' z m gn 44.68' — — — M/N i 0 rQi O o 1 z � 0 a m b 24.9• ` g IN 24' W y i• 11 N o m n fq I 26.@' Z 4 r O 0 i cm -FL A J n r w On � i I m cD� = j 3 �4 0 n � IIx rn m � tn �m�I t1N co CDD Om rel .� I � 0 \m 0 o v 40 1 I O � ' m + FI Wj 00 80 A 1 H080d I i i 2 ..U.E..._.._ 0 m IV W1 N I . XWO9 M ,Z4,90.0o S Cam m n V 0 Zm EXHIBIT "B" VAC 07-2706 A PART OF LOT 17 AND A PART OF LOT 18, IN THE REVISED FINAL PLAT OF GREENBRIAR ADDITION, A PLANNED UNIT DEVLEOPMENT, BEING A REPLAT OF THE 19TH GREEN AND BLOCK ONE (1 ) OF SWEETBRIAR ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N00°08'42"W 5.02', N89050956"W 24.70 AND NORTH 3 .70' FROM THE SOUTHEAST CORNER OF LOT 17 AND RUNNING THENCE N00034941 "E 24.00', THENCE S89025' 53"E 12.00', THENCE S0003494119W 24.00' , THENCE N89025 '53"W 12.00' TO THE POINT OF BEGINNING. CONTAINING 288.00 SQUARE FEET. DD City of Fayetteville / D��1�7 Staff Review Form City Council Agenda Items 5065 or Contracts I /A, 0 2-Oct-07 V {y� N I DV15 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2706: (Hammon, 215): Submitted by Stitt Energy Systems, Inc. for property located at 30 North Greenbriar Drive. The request is to vacate a portion of a utility easement on the subject property. $0.00 n/a Na Cost of this request Category/Project Budget Program Category / Project Name n/a We Na 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 L07. Previous Ordinance or Resolution # n/a pa ent hector Date Original Contract Date: Na Original Contract Number: n/a C Attomey Received in-67 's Office -67 9 N RW Finance and 1 ternal Service Director Date Received in Mayors Office Mayor Date Comments: City Council Meeting of October 02, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations ��pp From: Jeremy C. Pate, Director of Current Planning d` Date: September 13, 2007 Subject: Easement Vacation for Hammons (VAC 07-2706) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a utility easement located at 30 N. Greenbriar Drive. BACKGROUND The subject property is located at 30 N. Greenbriar Drive, which is identified as Lot 17 of the Greenbriar Addition. There is a 25' general utility easement along the rear (east) property line. The applicant would like to construct a sunroom on the back of their house. The sunroom would encroach approximately 12' into the easement and rear building setback. Utility representatives have no objections to the requested vacation. The applicant requests vacating 288 square feet of the existing easement to allow for the construction of a sunroom. 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 September 10, 2007. The Planning Commission voted 7-0-0 to recommend this vacation request to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2706 SUBMITTED BY STITT ENERGY SYSTEMS, INC. FOR PROPERTY LOCATED AT 30 NORTH GREENBRIAR DRIVE, VACATING A PORTION OF A UTILITY EASEMENT, A TOTAL OF 288 SQUARE FEET. 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 utility easement 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 utility easement: 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 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. A variance shall be obtained by the Fayetteville Board of Adjustment to allow for the approximately 12' encroachment into the rear building setback. PASSED and APPROVED this dayof 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" ) § 3 7 2 � . ( / ` . +. ., - »,mom© d6 - _ ,� _ ,._3W § ( . . 7 ® k M . - _ 01'27'470 § R � ## - - - AVS § § ƒ is ` ) ( | , k 6 § ¥ , | | 7 2 zs @ . B ® � � § : K � � 2 # | ' as 4 § P § } oco % � F- In I $ m ` � � % § - & 7 \ . _ % � 7 ( § $ rn m + � kco Is ° 4 \ � . + PIP o ) { o i 0 ° � � 1 mad | & ƒ � - -. k . CA : £ l r r ca 2 : ) � 2 � EXHIBIT "B" VAC 07-2706 A PART OF LOT 17 AND A PART OF LOT 18, IN THE REVISED FINAL PLAT OF GREENBRIAR ADDITION, A PLANNED UNIT DEVLEOPMENT, BEING A REPLAT OF THE 19THGREEN AND BLOCK ONE ( 1 ) OF SWEETBRIAR ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N00'08'42"W 5 .02' , N89050156"W 24.70 AND NORTH 3 .70' FROM THE SOUTHEAST CORNER OF LOT 17 AND RUNNING THENCE N00034941 "E 24.00', THENCE S8902595311E 12.00', THENCE S00034'4115W 24.001 , THENCE N89025153"W 12.00' TO THE POINT OF BEGINNING. CONTAINING 288.00 SQUARE FEET. • aye l evle PC Meeting of September 10, 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: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Septeffib ^ � Updated September 13, 2007 VAC 07-2706: VACATION (HAMMONS, 215): Submitted by STITT ENERGY SYSTEMS, INC. for property located at 30 N. GREENBRIAR DRIVE. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0. 14 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher Findings: Background/Property: The subject property is located at 30 N. Greenbriar Drive, which is identified as Lot 17 of the Greenbriar Addition. There is a 25' general utility easement along the rear (east) property line. The applicant would like to construct a sunroom on the back of their house. The sunroom would encroach approximately 12' into the easement and rear building setback. Utility representatives have no objections to the requested vacation. Request: The request is to vacate 288 square feet of the existing utility easement. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES RESPONSE Ozarks Electric No 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. KARepons\2007\PC ReporW09-10-OTVAC 07-2706 (Hammon at Gmenbriar Dr).DOC Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Recommendation: Staff recommends approval of the proposed utility easement vacation 07-2706 with the following condition: 1 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. A variance shall be obtained by the Fayetteville Board of Adjustment to allow for the approximately 12' encroachment into the rear building setback. Planning Commission Action: ❑ Denied ❑ Tabled 4 Forwarded to C.C. Motion: Ostner Second: Trumbo Vote: 7-0-0 (approved on consent) Meeting Date: September 10, 2007 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature CITY COUNCIL ACTION: Required ❑ Denied ❑ Tabled ❑ Approved Meeting Date: October 2, 2007 KARcports1200TPC ReportA9-10-07VAC 07-2706 (Hamm m at Grmtbriar Dr).DOC PETITION TO VACATE Art EASEM15UT LOCATED IN S ma,162IFIR , CITY OF FAYETTEVILLE, ARKANSAS tevlsty App LOT t7 s PT Lor IS TO: The Fayetteville Cita Planning Commission and The Fayetteville City Council We. the undersigned. being all the owners of the real estate abutting the (alley asemen right-of-uqv) hereinafter sought to be abandoned and vacated. Iyine in (lot, block, subdivision). City of Fayetteville. Arkansas. a municipal corporation. petition to v acate a(n) (aile.v, easeme right-of-way) i% hich is described as follows: (Legal Description of area to be vacated) That the abutting real estate affected by said abandonment of the alley are (for. block, subdivision of each adjoining lot to the area requested to be vacated) City of Fayetteville used by the public for a period of many years. and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described ( easement, ). The petitioners pray that the City of Fayette\ ille. Arkansas. abandon and vacate the above described real estate. subject, hoverer. to the existing utility easements and sewer easements as required. and that the above described real estate be used for their respective benefit and purpose as no%\ approved by lay%. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE. the undersigned petitioners respectfully pray that the goveming body of the City of Fayetteville, Arkansas. abandon and vacate the above described real estate. subject to said utility and sewer easements. and that title to said real estate soueht to be abandoned be vested in the abutting property owners as provided by law, and as to that panicular land the owners be free from the easements of the public for the use of said alley. Dated this I_q day of_ vfpn,.�S _. 20S2 r tJRmES NRfnmpti5 Printed Signature DIAI,.Ie AArv1MUA1S Printed Name t �,,f�r�QJ NC�SVY�S`r�1a�n.5i� Signature Febraon 2006 Page 4 m > 1m D m ;u p Am mz Z < m mo m O n o z3 tlnladl z (M! 8 . 8Z - 31\ 180 31 m z 31\ 180 Hv189143380 N o vi z o D r1\ z p M/ — 012747x m 44.68M8T i r < 00 z C0 z D ;omA O z D O r z m I < 11 m X71 I T1 I 24.9 I 24' z 'n IN Iv I G �I i u N �F71 i u II N + z I £ 11 X OD 0 CAI 28.i Z 4' r o 0 o I t -i 1 rn O O I > (A P. Dr A z OIA N D W AIv i I m0 3 �p O 1\ 0 >IX m m O NmA in coND w o m m - J 0 1 m O m o tnv fly rn q I I O m \ ID J O A0 4Z I Iz in m r I HONOd an I (n O ,L'Z£ £ �--�'- CO VOVA� u o A \ £'OZ N NI O NI ,00'99 ,Z0009 M ,Z4490.00 S 0 1 n V p z m >0 OH 23 III 0 co Om V � Z m X N 000 W N 00°34'41" E M OD 24.00' 00 0 N N ® Ul O U7 (Jj W= S _ 00°34'41" W m o ci 24.00' rn S 00'08'42" W 5.02' R"A"auao.DnIAi2007 AWARD WINNER Model Green Home Building Guidelines Home of the Year 2006 & 2007 Bast Green Home of the Year Kansas City Homes and Gardens Magazine HOUSING AWARD V{'U7i2EZ Winner of 15 EnergyValue Housing Awards 1996 - 2006 EnergyValue Builder of the Year 1999 EnergyValue People's Choice Award 2006 South Sun Estates on the Lake Aa anent p6rrmd and aata61a6N oorram t Since 197$. % C STITT S `ENERGY SYSTEMS, INC. srrr ■7M M@ July 25, 2007 The Fayetteville City Planning Commission and The Fayetteville City Council 310 W. Mountain Fayetteville, AR 72701 RE: Easement Vacate Dear Commissioners and Council Members; Stitt Energy Systems has been contracted by Mr. and Mrs. Jim Hammons to build a sunroom addition to their home located at 30 N. Greenbriar Drive, Fayetteville, AR 72703. This addition will be on the back of their existing single family dwelling on the East side and will encroach the utility easement by 11-0". Please consider this letter written description of the vacate request. Sincer Danny Hall Project Manager JUN -20-2007 WED 11:01 AM P. 02 06/20/2007 11:56 4796364x72 STITT ETERGY SYSTEKr PAGE 02 FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: June 20. 2007 UTILITY COMPANY: C arkB Electric APPLICANTHAMIE: Jetties O. Halilln 119 APPLICANTPHON6: 4423964 REQUESTT;D VACATION (appftnt must check fig that app'): nun• P.asemgt RiSht qr. •ay for alley or wets end all utility aosamanis Ioeosad within the vaemod right- of. way. Allay Strad right-oFway I hove been notified of the pa Won to vamc the following (ap aosearen Njkt-gttwg1. described as follows. Canal location I Address (referring to attached dooumatt• must be completvd'9 r• 9n •I n..n..tw: rM 4.u�1•rK11e_ LR 72703-3x11 _. - (ATTACH legal dnn phew cant graphic rapltsensrtlan oft•*m h; 6nbg vaewuFAJVRYEY) UTILITY COMPANY COMMENTS; d No objecdons to the vacatlon(s) described above. No objOians to the vacation(s) described above. provided following doWibed easements aR retehrod. (State the location, dlmenslont and pumote below.) No objealon$ provided the fbllowlns condhlona are met Slgno ulityComparlyRewwritativo_ L Leo( Title FH a .y *I9 Ayes 06/27/2007 16:43 479872P"' COX CONSTRl1CTI0t PAGE 03/03 FOR RIGHT -OF- SVAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: June 20, 2007 UTILITY COMPANY: Cox CgtnuniCatials APPLICANTNAMC: Junes 0. Hrimion8 APPLICANTPNONE: 4t2-3964 REQUESTED VACATION (appileant must check gL that apply): Ulilit} Easemen — Right-of-way for alley or streets and all utility cascmenls located within the vacated right- o . wway. Alley Street right-of•wey I have been notil ied of the petition to vacate the following (nllCV cavemen , rlglu-ai-wav). described is follows; Gcnernl location / Address (referring to attached document- must be completed ) " in N r,rppnhriRr Dr.. Favet-teville. AR 72703-3411 (ATTACH legal description and graphic representation of what Is being vacated.SUR 4E37 UTILITY COMPANY COMMGNTS: No objections to the vacation(s) described above. No objections to the vacations) described above, provided following described easements a -c retained. (State the location. dimensions. and purpose below.) No objections provided the following conditions are met: Signature o Utility Company Cproscntmive Title Febraary 2006 Pape 3 Jul. 12. 2007 1:57PM No. 3167 P. 2 FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: June 20. 2007 UTILITY COMPANY: APPLICANT NAME: t7 O. Hanntone APPLICANT PHONE: 442-3964 REQUESTED VACATION (applicant must check"that apply): -s Easaman Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (a/leytasew,rn right-af--wav). described as follows: General location / Address (referring to attached document- must be completed••) 9t1 N. Gteenj ri nr f)t 1?avef 11 a AR 72703m3411 (A 7T.1CM legal description god graphic repraentadoa c/idiot it bring vocatedSURVI )1 UTILITY COMPANY COMMENTS. nn4. 's No objections totry� ation(s) described above. Show,) D7V /7' Z$e yv •- No objections to the vocation(s) dcsciibed above. provided following described easements are retained. (State the location, diminsions. and purpose below.) No objections provided the. following conditions are met: bare of 1i yRepresentati•e Title r.brusry 20(16 rare 501 3730229 'Op.m 07-27-2007 113 a^J }O_} Lynda Patmer AT&T Arkansas T: 501.373.5255 lOC` Mange,-Enginterng (Raw 1111 West Capfal F: 501.373.0229 Rlgm-o/-Way A Joint Usa Palu Room 941 Iynda.paMer@attcom Lilt!. Rock. AR 12201 July 27, 2007 Stitt Energy Systems, Inc. Attn: Danny Hall 1301 South 8"' St. Rogers, AR 72756 Dear Mr. Hall RE: Easement vacation - James O. Hammons, client - Fayetteville, AR 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 rte, „„.:...........:... 501 373 0229 ?9 p.m 07-27-2007 213 at&t CONCURRENCE TO CLOSE A DEDICATED UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone 19, a Texas limited partnership, d.b.a. AT&T Arkansas, hereby concurs in the vacation of a portion of a dedicated utility easement in Fayetteville, Washington County, Arkansas, described as follows: A part of Lot 17 and a part of Lot 18 in the revised final plat of Greenbrier Addition, a planned unit development, being a replat of the 19th Green and Lot I of the Sweetbriar Addition to the City of Fayetteville, Washington County, Arkansas as per the plat of said addition on file in the office of the Circuit Clerk and Ex-Officlo recorder of Washington Canty, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is 50008'42"W 5.02', N8950'56"W 24.70 and north 3.70' from the southeast comer of Lot 17 and running thence N0034'41 "E 24.00; thence 589 25'53"E 12.00'; thence 50034'441 "W 24.00'; thence N8925'53"W 12.00' to the Point of Beginning. Containing 288.00 square feet. Signed and executed this —A-day of July, 2007. STATE OF ARKANSAS COUNTY OF PULASKI By: David Shatley, delegated for the Director—Engineering/Construction CORPORATE ACKNOWLEDGMENT On this ther!iday of July, 2007, before me, the undersigned authority, duty and qualified in and for the state and county set forth above, personalty came and appeared David Shatley, who, after being duty swam, BelL daYlpred that he Texauty delegated to sign s limited partnership, d.or b.a. a.A AT&T Director-Engineering/Construction and/that he executed the, Southwestern instrument S� Msand deed of said company of his own free wilt and for the purposes and considerations therein expressed .•4o r�n8y4tl)$ie authority. &' NQTQ R i LZitness whereof I hereunto set my hand and official seat. 7i prepared by AT&T fq 1M1 W. Capital, Room 941 L E. Sommerfeidt Palmer 'Little Rock, AR 72201(501.373-5255) Notary Public in & for Faulkner Co., AR My commission expires August 10, 2011 8-22-07; t:OSPM:AWG Dlepar^I, Fay. AR ;4795828258 X 2/ 3 Arkansas Western Gas Company A subsidiary of Sou@nvestem Energy Compa UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Friday, June 22, 2007 UTILITY COMPANY: Arkansas Western Gas APPLICANT NAME: James O. Hammons REQUESTED VACATION: APPLICANT PHONE: (479) 442-3904 Street QX Utility Easement Street and all the utility easements located within the vacated street o 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 Alley Alley and all utility easements located within the vacated alley I have been notified of the petition to partially vacate the following Utility Easement (Please see list above) Description described as follows: 30 North Greenbrier Drive, Fayetteville, Arkansas. Please see attached survey and description. Due to the location of the gas meters, you may find a conflict with the neighbors gas yard line. Please be advised of this situation and be prepared to make appropriate changes. UTILITY COMPANY COMMENTS: QX 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. Fayetteville Assistant Operating Manager Signature of Utility Company Representative Title FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 8 Z I - 07 UTILITYCOMPANY::L. (/l/�"E• APPLICANT NAME: lC , S O. iLwrn enc APPLICANT PHONE: 44 - 3ti 6') REQUESTED VACATION (applicant must check all that apply): 0 Utility Easement Right-of-wa' 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 Basemen right-of-way), described as follows: General location /Address (referring to attached document- must be completed) •• 30 4 �ir,a-sy��ri,aV- tsf. �iyYt ��Q Ar- 711o3 3y)\ (ATTACH legal description and graphic representation 01w/tails 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: Signature of Utility Company Representative ►1i ©ps WhGr� Till February 2006 Page S 07/25/2007 15:31 4796362572 -..AnAAV.. -...- STITT ENERGY CVSTEMS 'ej UVA PAGE 02 DATE; June 20, 2007 UTILITY COMPANY: FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS APPLICANT NAME:_ Janes O. Hamnons APPLICANT PHONE: 442-3964 REQUESTED VACATION (applicant mast check all that apply): — Utility Eosemem Right-of-way for alloy or strccts and all utility easements located within the vacated right- or- tvay. Alley — Street right -or -way I have been notified orthe petition to vacate the following (allay rosemra . Nzhtof-way). described as follows; General location l Addracs (referring to attached document- must be completed") " 10 N arto nhri wr jjr. , FsyMtvi11e. AR 72703-3411 (.47TACH legal deseriptiar anti graphic representation of what is bring vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above. provided following deccrbed easements are retained. (State the location, dimensions, and purpose below'.) No objections prodded the following conditions are met; Si.naturc of U • rty oo7mpany eprescntative Title Febncay 2006 Pa ts S 07/25/2007 WED 15:49 FAX 479 444 3478 COF SOLID WASTE & RECYCL I�j001/003 07/25/2007 15:29 4796$. ../2 STITT ENERGY S'& .J. PAGE 02 FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: June 20, 2007 UTILITY COMPANY: APPLICANT NAME; Jarneg O. HWtT1OrrS APPLICANT PHONE: 442-3964 REQUESTED VACATION (applicant must check all diet app(y): -e Easemen RightroGway for alley or streets and all utility casements located within the vacated right- of- way. Alley Street right•olway I have been notified of the pttition to vacate the following (a/In(rasenren right-%uqv). described as follows: General location / Address (referring to attached document- must be completed •) f47TACH legal description nd graphic representation of what Zr brim vacated-SUR VEY) UTILITY COMPANY COMMENTS: DNo objections to the vocations) described above. No objections to the vacation(s) described above. provided Iollowing described easements are retained. (State the location, dimensions. and purpose below.) No objections provided the following conditions arc met: Signature of Utility Company R tativc inn — v n A AL Title Febrmry 2004 Pace S JUN 0 8 2007 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: Address / location of vacation: ,3() A.JOf1/1 G,P FA 61c/,9,2 n Rr ye Adjacent property address: Z/ l reev4riar- b -r Lot: © Block:© Subdi%ision:O 5W6e % RIQ/Ag Ann/ %/OA REQUESTED VACATION: I have been notified of the petition to vacate the tbllowing (alley, easement, right-of-way), described as follows: (Include 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. E! 1 do not object to the vacation described above. I do object to the requested vacation because: l mzA LEE Utz- t Name of Adjacent Property Owner (printed\ Signature of djacent Property Owner (/A/y7'C75 /9 NAmmnn/_S Applicant Name February 2006 Page 6 JUN 0 8 2007 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Adjacent property address: Lot: © Block: © Subdi. ision: REQUESTED VACATION: ie:r dII I♦ I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include 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. Lfr I do not object to the vacation described above. I do object to the requested vacation because: (ma) /NZ/9 2. ry,T Name of Adjacent Property Owner (printed) V"i%'lrrK� V "l' Signature of Adjacent riy Owner February NI06 Page 6 JUN 1 8 2007 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date Lot: © Block:© Subdivision: _ yWet / RR/E,C An/)I77on REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: TI I have been notified of the requested vacation and decline to comment. I do not object to the vacation described ahnve I do object to the requested vacation because: ' t /QC0KS Name of Adjacent Property Owner (printed) t gignature ooAdjacent Pro y Owner /gmg. /) NArnmon/5 Applicant Name February 2006 Page 6 k... I- 1/f I i 11 4 �S{L LJ 4 a......��- �� I r=te. • I i 1 I FE II 1 r h Qom/ F. y I 1 1 -gyp--. _._ .r H. (10.5.07) Clarice Pearman - Ords. 5963, 5964, 5966- 5969 ?age 1 . From: Clarice Pearman To: Pate, Jeremy Date: 10.5.07 11:41 AM Subject: Ords. 5963, 5964, 5966 - 5969 Attachments: 5969 VAC 07-2707 WSIP r -o w.pdf; 5964 R-PZD 07-2649 College Ave Townhomes.p df; 5966 RZN 07-2691 hays.pdf; 5967 VAC 07-2705 Driver.pdf; 5968 VAC 07-270 6 Hammons.pdf; 5963 R-PZD 07-2576 Woodstock Community.pdf CC: Audit Jeremy: Attached are the above ordinances passed by City Council, October 2, 2007. Please let me know if there is anything needed for these items. Have a good day. Thanks. Clarke r (10 11 07) Clarice Pearman - Ord. 5063. 5064 and 5066-6069 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 10.11.07 5:22 PM Subject: Ord. 5063, 5064 and 5066-6069 CC: Audit; GIS Jeremy: Attached is a copy of the above ordinances passed by City Council, October 2, 2007. I misnumbered the ordinances and these are corrected numbers. Please replace your ordinance (only) sent earlier. Pm sorry for the inconvenience. Have a good day. Thanks. Clarice N C k HWF-Si AP (A.r.SAS F [)JTJON • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, 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. 5068 Was inserted in the Regular Editions on: October 15 & 17, 2007 Publication Charge: $100.23 Subscribed and sworn to before me This(7day of 0 , 2007. WILES Notary Public I :7 [€. ;. CATHYJ. a ' � ( .T.,.. ; Benton County .i -, •,;;,,.; �,; My Commission Expires '.: February 20, 2014 My Commission Expires: Z/2o/2v 4 **N0TE** Please do not pay from Affidavit. Invoice will be sent. Wednesday, October 17, 2007 o Nuroo No. BBBB k �. AN ORDINANCE MnROV M0 VAC 07-2708 SUB• MRTED BY Stilt ENERGY 3YSTB* INC. FOR PROPERTY LOCATED AT 30 NORTH GREENBRIAR i •t DR VE,VACATNGA PORTION OFAUTRJTYEA$E I MGR, A TOTAL OF M 9GUAREFEEL -'> .,_.i.. AAA t4 Cty ACA. 14town. wxW 664104 to veceN public grairdsot r IL I4f,dJIala.*Se parr OWPOeee:and y.y ,v, .. .. WI* � ft My Courts Time Wtte detrmAddt^'^'I'�#4S 'By. mMNndn01, Nr aoiF. prP , 4 W% A�� N ROIOBBBD w Bw M�P}EEµO.11�BOBILN Pease,1: 1stt.CMYCowlsdtrCAydFry. s lIj PI I 'J ;Y' -'.p!Iwyr tl b"ft NUbd UNITY eeeermk i"+,C'''1' ,� • EN EIM4 •B• seched hereb tudwd MnNmridhbWd FFq" W"bsMErtheallOasNRNadrrde.ITcanycdnmd- od In the Deed Records at Bte Cm*... Seclbn 3: That this vaceecn sppwr Y eub}ect to the CondNbne d Appmwl N toIo' n, old shall not be In Mud ma canrttlpr we met. 1. Rrcatlan d erry tkig ,Xeres eha be Mti.aaMevdopifl sigerrr. Z Avrlrce tell bednkted bytteFMresv6 Board Of Adry VW*%) tube the oppmamtdy 12 rlaaedvrw t reo the rer bukip enbeck. . MME r BPaOVi this 2nd dey d Oct. 2007. APPROVED ATTEBT O�OIatASTH,Ot ,iierewr EsNbl1 A is map and my be viewed 198 dXce d the City CMMRiernr dwkp na .1rS business haws. EXHIBR'B• WC 07.2708 A RsRT OF LOT 17 AM APART OFLOT 1B, N THE REVISED FINAL PLAT OF GREBNBRIARADDI- TION. A PLANNED UNIT OEAEOPIENT, BEING A REPLAT OF THE 19TH GFEEN NC BLOCK ONE (1) OF WMETBRIAR'AODITDN TO THE CITY OF FAYETTEVILLE, ARKAICAE, AS PER TIE PLAT OF.$AD ADDITION ON FILE IN THE OFFICE QF TT1* CIRCUTT CLERK AND IX-0FFICIO RECORDER OF WASHINGTON COUNTY. ARKANMS S MORE PARRCIAANY DESCRIBED ASFOLLOM,TO.M.. eINNING AT A POINT MCI ISPW%'4tW 5.02', NBBWww24.70 AND NORTH 3.77 FROM THE SOUTHEAST COIYEN OF LOT 17 AND RUNNING THENCE N0074'41•E 24.00', THENCE SW25'53'E 12.00•, THENCE SIXY34'41•W 24.00'. TNC HEE t p'83'W 12.W TO THE P01(1 OF BEIMMINNG. CONTMNNG 2e8.00SQUARE FEET