HomeMy WebLinkAboutOrdinance 5092 ORDINANCE NO. 5092
AN ORDINANCE APPROVING VAC 07-2804 SUBMITTED
BY CITY OF FAYETTEVILLE FOR PROPERTY LOCATED
EAST OF LEVERETT AVENUNE, SOUTH OF ROBINSON
APARTMENTS AND NORTH OF LEVERETT TOWNHOMES
TO VACATE A PORTION OF AN UNUSED RIGHT-OF-WAY
AND CREATE A GENERAL UTILITY EASEMENT ON THE
SUBJECT PROPERTY, A TOTAL OF 99802. 11 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 portions of
platted right-of-way 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 rights-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.
I . The subject 20-foot wide un-constructed right-of-way shall be dedicated as a general
utility easement, excluding the existing structures in the Robinson Apartment
complex.
Page 2
Ord. 5092
. anm�4�I Roo
.
PASSED and APPROVED this 18th day of December, 2007. of sip
APPRO D: 4401
ATTEST: 1 LVILLE ;
7C,t
By. ( By
�/ % /IGu.F/ ` '`�,,;, TON p�•
DAN COODY, Mayor SONDRA E. SMITH, CityClerk/I reasurer
�r� a
k ,
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I .y
EXHIBIT `B"
VAC 07-2804
A PART OF BLOCKS 25 AND 26 EVIN'S FARM SUBDIVISION AS FILED WITH THE
CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS: THE CENTERLINE OF A
TWENTY (20) WIDE STREET RIGHT-OF-WAY, TEN (10) FOOT EITHER SIDE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST (NW) QUARTER
OF THE NORTHEAST (NE) QUARTER OF THE NORTHWEST QUARTER (NW)
SECTION NINE (9), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST,
SAID POINT OF BEGINNING ALSO BEING THE SOUTHWEST (SW) CORNER OF SAID
BLOCK TWENTY-FIVE (25); THENCE ALONG THE SOUTH LINE OF SAID BLOCK
TWENTY-FIVE (25) SOUTH 86034'39" EAST 490. 11 FEET.
LESS AND EXCEPT: ANY AND ALL AREAS WITHIN THE EXISTING LEVERETT
AVENUE RIGHT-OF -WAY.
6oeP
City of Fayetteville / L/taloI
Staff Review Form �5 6
City Council Agenda Items
or V
Contracts U 4 ,CAYdie V, A
18-Dec-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2804: (The City of Fayetteville, 405): Submitted by The City of Fayetteville for property located east of Leverett
Avenue, south of Robinson Apartments and north of Leverett Townhomes. The request is to vacate 9,802. 11 square feet of an
unused right-of-way and dedicate in its place a general utility easement on the subject property.
$0.00 n/a n/a
Cost of this request CategorytProject Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project ategory Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
O� Previous Ordinance or Resolution # n/a
Dep` ment birector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's Office
Po , ,9C'% - 3b --s )
Finance and Internal Service Director Date
Received in Mayor's Office
u
r .3D o7
Mayor Date
Comments:
City Council Meeting of December 18, 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: November 29, 2007
Subject: Easement Vacation for City of Fayetteville (VAC 07-2804)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating 9,802. 11 square feet of the
unused 20-foot road right-of-way that is located on the subject property.
BACKGROUND
The property is located within a 20-foot wide east-west strip of unconstructed right-of-
way east of Leverett Avenue, south of Robinson Apartments and north of Leverett
Townhomes. While researching properties for land acquisition to accommodate Scull
Creek Trail, a designated trail on the City of Fayetteville Trails Master Plan, the City
discovered an unused 20-foot road right-of-way. This right-of-way does not currently
have a road or public access and there are no plans to use the right-of-way in the future.
Overhead utilities are located within the right-of-way, as are portions of two buildings in
the Robinson Apartment complex. During the process of discussing Scull Creek Trail
and the need for a portion of property from Robinson apartments for the trail, the
property owner requested the right-of-way vacation as a land trade for the property along
Scull Creek for the trail.
The applicant requests to vacate the 20-foot wide road right-of-way east of Leverett
Avenue between the Robinson Apartments and north of Leverett Townhomes as
indicated on the submitted site plan (9,802. 11 square feet). As part of the vacation the
applicant proposes to dedicate the vacated area, excluding the existing structures, as a
general utility easement, as requested by utility companies.
DISCUSSION
The applicant submitted the required notification forms to the utility companies and City
of Fayetteville with no objection. This item was heard at the regular Planning
Commission meeting on November 26, 2007 and forwarded by vote of 9-0-0 on the
consent agenda to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2804 SUBMITTED
BY CITY OF FAYETTEVILLE FOR PROPERTY LOCATED
EAST OF LEVERETT AVENUNE, SOUTH OF ROBINSON
APARTMENTS AND NORTH OF LEVERETT TOWNHOMES
TO VACATE A PORTION OF AN UNUSED RIGHT-OF-WAY
AND CREATE A GENERAL UTILITY EASEMENT ON THE
SUBJECT PROPERTY, A TOTAL OF 9,802. 11 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 portions of
platted right-of-way 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 rights-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.
I . The subject 20-foot wide un-constructed right-of-way shall be dedicated as a general
utility easement, excluding the existing structures in the Robinson Apartment
complex.
EXHIBIT '"'Awy
• e .)
APPROX. EXHi
101
GROUP. Lm
9- 16-30
SW CORNER
SLK 25
EM'S FARM
i
s
E - f
VACATED • • REPLACED
EXHIBIT `B"
VAC 07-2804
A PART OF BLOCKS 25 AND 26 EVIN ' S FARM SUBDIVISION AS FILED WITH THE
CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS: THE CENTERLINE OF A
TWENTY (20) WIDE STREET RIGHT-OF-WAY, TEN ( 10) FOOT EITHER SIDE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST (NW) QUARTER
OF THE NORTHEAST (NE) QUARTER OF THE NORTHWEST QUARTER (NW)
SECTION NINE (9), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST,
SAID POINT OF BEGINNING ALSO BEING THE SOUTHWEST (SW) CORNER OF SAID
BLOCK TWENTY-FIVE (25); THENCE ALONG THE SOUTH LINE OF SAID BLOCK
TWENTY-FIVE (25) SOUTH 86034939" EAST 490. 11 FEET.
LESS AND EXCEPT: ANY AND ALL AREAS WITHIN THE EXISTING LEVERETT
AVENUE RIGHT-OF -WAY.
•
Tave eV le PC Meeting of November 26, 2007
d 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 Gamer, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Updated November 29. 200 7
VAC 07-2804: (CITY OF FAYETTEVILLE, 405): Submitted by CITY OF
FAYETTEVILLE for property located at E OF LEVERETT AVE., S OF ROBINSON
APTS.AND N OF LEVERETT TOWNHOMES. The property is zoned RMF-24,
MULTI FAMILY - 24 UNITS/ACRE. The request is to vacate a portion of an unused
right-of-way and create a general utility easement and trail on the subject property.
Property Owner: City of Fayetteville
Planner: Andrew Garner
Background/Property: The property is located within a 20-foot wide east-west strip of
unconstructed right-of-way east of Leverett Avenue south of Robinson Apartments and
north of Leverett Townhomes. While researching properties for land acquisition to
accommodate Scull Creek Trail, a designated trail on the City of Fayetteville Trails
Master Plan, the City discovered an unused 20-foot road right-of-way. This right-of-way
does not currently have a road or public access and there are no plans to use the right-of-
way in the future. Overhead utilities are located within the right-of-way, as are portions
of two buildings in the Robinson Apartment complex. During the process of discussing
Scull Creek Trail and the need for a portion of property from Robinson apartments for the
trail, the property owner requested the right-0f-way vacation as a land trade for the
property along Scull Creek for the trail.
Surrounding Zoning and Use:
Direction from Site Land Use Zoning
North, South, East, West Multi-family residential RMF-24; RMF-40
Request: The applicant requests to vacate the 20-foot wide road right-of-way east of
Leverett Avenue between the Robinson Apartments and north of Leverett Townhomes as
indicated on the submitted site plan (9,802. 11 square feet). As part of the vacation the
applicant proposes to dedicate the vacated area, excluding the existing structures, as a
general utility easement, as requested by utility companies. The required notification
forms were submitted to the utility companies and the City with the following responses.
K:\Reports\2007NC Repons\I 1-26-07\VAC 07-2800 (Cityoffayettmile).doc
UTILITY COMPANY: RESPONSE
AEP/SWEPCO No Objections; provided a utility
easement to be provided along the
right-of-way.
Cox Communications No Objections.
AT&T No Objections; provided the entire
area to be vacated will be granted as
a general utility easement.
Ozarks Electric No Objections.
Arkansas Western Gas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections.
Engineering No Objections.
Transportation No Objections.
Solid Waste and Recycling No Objections.
Findings: Staff finds that vacating the requested right-of-way would not adversely affect
access or provision of utilities on this or any other adjacent property, provided that the
vacated area be dedicated as a general utility easement, excluding the existing buildings.
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation: Staff recommends forwarding this request to the City Council with a
recommendation of approval to vacate the utility easement VAC 07-2832 with the
following condition of approval:
1 . The subject 20-foot wide un-constructed right-of-way shall be dedicated as a
general utility easement, excluding the existing structures in the Robinson
Apartment complex.
K:\RWrts\2007\PC Repoes111-26-0'AVAC 07-2804 (Cigoffayetteville)Am
PLANNING COMMISSION ACTION: _Required
Recommendation to be: X Forwarded for approval ❑ Denied ❑ Tabled
Motion: Graves
Second Ostner
Vote: 7-0-1 (Lack recused)
Date: November 26, 2007
Comments: Forwarded on consent aeenda.
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
KAeports12007PC Reporls\1 1-26-nVAC 07-2804 (CityofFayetteville).doc
125 W. Mountain St.
Fayetteville, AR 72701
ENGINEERING DIVISION CORRESPONDENCE Telephone: (479) 575-8206
Fax: (479)575-8202
October 17th, 2007
RE: Evin's Farm Vacation
While researching properties for land acquisition to accommodate Scull Creek Trail, The City
discovered an unused 20' road right of way. This right of way does not currently have a road or
public access and there are no plans to use the right of way in the future. During the process of
discussing Scull Creek Trail and the need for a portion of property from Robinson Apartments,
the property owner requested the right of way vacation as a land trade for the property along the
Scull Creek for the trail.
Overhead utilities are located within the right of way and a utility easement will be created over
the entire right of way to accommodate the existing utilities.
Matt Mihalevich
Trails Coordinator
Oct.18. 2007 2:37PM
No, 3915 P. 2
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
/ UTILITY EASEMENT VACATIONS
DATE: f0/Jrfp
UTILITY COMPANY: S a./
APPLICANT NAME: CjtyofEave(tevilie APPLICANT PHONE 444-3416
REQUESTED VACATION (applicant must check a!l that apply):
Utility Easement
X Right-of-way Lot alley a streets and all utility aseauads loafed within the vacated right- of- way.
. Alley
Street right-of-way
I have been notified of the petition to vacate the following (ally, earmeem4 right-of-way)' desatbed as follows:
General location I Address (refening to attached document- must be completed")
East Of1.eveen Avenue. south of Robinson A0 .(mails and NOt& of Lsverett Townhomea
A part of Blocks 26 and 26 Evin's Farm Subdivision as lied with the Circuit Clerk, Washington County,
Arkansas: the centerline of a twenty (20) wide street right-of-way. ten (10) foot either side being more
particularly described as follows:
Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the
Northwest Quarter (NW) Section Nine (9). Township Sixteen (16) North, Range Thirty (30) West, said
point of beginning also being the Southwest (SW) caner of said Bock Twenty -Five (25); thence ebng the
South line of said Block Twenty -Five (25) South 8634.39- East 329.62 feet.
Less and except Any and ell areas within the existing Leverett Avenue right-of-way.
A GENERAL UTILITY EASEMENT Wilt. BE CREATED ON THE ENTIRE 20' RIGHT OF WAY
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
• No objections to the vacation(s) dcsaibed above, provided foliowmg described cascmrats are retained. (State
the location, dimensions,. sad purpose below.)
Febna.ry 1006
Pate i
10/18/2807 13:42 47987201'4 COX C0NSTRUCTI0F' PACE 02/02
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 42:Nf e7
UTILITY COMPANY: Sc %tn1uaJ rATpONS
APPLICANT NAME: City of Pavcttcvito APPLICANT PHONE: 444 416
REQUESTED VACATION (applicaat mast check gf j that apply'):
Utility Easement
X Right-of-way for alley or streets and all utility casements located within the vacated tight- of- way.
Alloy
Street right-of-way
I have been notified of the petition to vacate the following (alley, eaaemen4 right-of-way), deso4bei as follows;
General location / Address (referring to attached document- must be completed' •)
Peat of Lcveratt Avenue south otRsMiai Apartments and North of Levetett Tawnhomav
A part of Blocks 25 and 26 ENn's Farm Subdivision as filed with the Circuit Clerk, Washln£ ton County.
Arkansas; the oentedine of a twenty (20) wide street right-of-way. ten (10) foot either aide being more
parbcularty described as follows:
Beginning at the Southwest corner of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the
Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said
point of beginning also being the Southwest (SW) corner of said Block TWenty-Five (25); thence along the
South line of said Block Twenty -Five (25) South 86'34'39' East 329.82 feet.
Less and except: Any and all areas within the existing Leveret Avenue eight -of -way.
A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT or WAY
UTILITY COMPANY COMMENTS:
• kj4o objections to the vacation(s) davrnbod above.
• No objections to the vacation(s) described above, provided following described ascrrrcob arc retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met
Petnarry 1006
Page S
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: (U ` C) (:1
UTILITY COMPANY: Q k y t
APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416
REQUESTED VACATION (applicant wtwas check ggthat apply):
Utility Easement
X Right-of-way for alley or sheets and all utility casements located within the vacated right- of- way.
Alley
Street right-of-way
I have liven notified of the petition to vacate the following (alley, easeme» t, right-of-way), described as follows:
General location I Address (referring to attached document- must be completed**)
East of Leverets Avenue south of Robinson At)armsents and North of Leve etc Townhomes
A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County,
Arkansas; the centerline of a twenty (20) wide street right-of-way, ten (10) fool either side being more
particularly described as follows:
Beginning at the Southwest corner of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the
Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North. Range Thirty (30) West, said
point of beginning also being the Southwest (SW) corner of said Block Twenty -Five (25); thence along the
South line of said Block Twenty -Five (25) South 86*34'39' East 329.82 feet
Less and except: Any and all areas within the existing Levered Avenue right-of-way.
A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements arc retained (State
the location, dimensions, and purpose below.)
(• ) No objections provided the following conditions are met ENT t R F Ak.EA T U G U ACA T E 1')
LtJk1-- 13C. G((Lq;;Et�ASG6n1ER,At. (lTlLliY �ASt;MEo.) i
t / Cte l'� I JC t`wAtn�
Signature of Utility Company Representative
051> CI`CINCE)tZL-1ES(C,NJ
Title
Febvary 2006
Pages
I d b0£9986'ON/IEeI -.LS/ZE'EI L0. Z1'01(1Vd) NOVA
SEP-25-2007 TUE 12:55 PH
P.02
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITYCOMtPANY: (i%102.KS fir c- jr1 G
.11
APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416
REQUESTED VACATION (gpicanr MW check A# that apply):
Utility Eaxnxnt
X Rightof-way for alley or streets and aft utility easaaaots located wit4ui the vacated tight- of- way.
— Alley
Shah rightof-way
I bavo bow notified of the pcdtion to vacate the following (allry, taxm�n. rigMo¢way), described as follows:
Address .I. IL . .1
•. 11 L .-a 1,! :I V 1&1 .1 j. 4h 11 L'•r:rr .1 • ILl! If u
A pat of Blocks 25 and 26 Evin's Farm Subdivision as glad with the Circuit Clerk, Washington Coi.mty,
Arkansas; the centerline of a twenty (20) We street rightcf-vvay, ten (10) foot either side being more
patgculaty descilbed as followws:
j.
1$L1
• • • . • • • [ I • • • • • • .
• r r _ • _ • • _
F 1i.1
y •I_1 1 1 1:, I :1
•. I' •• I
. 1• Y.L. •4.. 1.• ..
.1..41. • 4u.i..1. 1•_4 ..1 .. .. 1.1 II 1
L' 1�- 14• ..n .x1414 .1 Ii
4 • Y 1 1 1 tl 1 1 tU 1.. •-
1.•_•J. 11 1_I 1 1 1 1 •1111
Fi6vwv 2006
r� j
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: /�raKAro SAS ()Ewa n..-. GA c Ce,.rA,•Y
APPLICANT NAME: City of Fayetteville APPLICANT PHONE 444-3416
REQUESTED VACATION (applicant must check rtt that apply,k
Utility Easement
X 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, dghtof-way), described as follows:
General location / Address (referring to attached document- must be completed')
East of Leveret Avenue, south of Robinson Apartments and North of Leverett Townhanes
A part of Blocks 25 and 26 Evtn's Farm Subdivision as filed with the Circuit Clerk, Washington County,
Arkansas; the oenterine of a twenty (20) wide street right-of-way, ten (10) foot either side being more
particularly described as follows:
Beginning at the Southwest corner of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the
Northwest Quarter (NW) Section Nine (9). Township Sixteen (16) North, Range Thirty (30) West, said
point of beginning also being the Southwest (SW) corner of said Block Twenty -Five (25); thence along the
South line of said Block Twenty -Five (25) South 88'34'39East 329.82 feet.
Less and except My and all areas within the existing Leverett Avenue right-of-way.
A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY
UTILITY COMPANY COMMENTS:
XNo objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easanents are retained (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are net:
Signatureof Utility Company R native
Asr,ns.•r 04f 4;7*.a ltu~&6�
Title
FeM.ary 2006
Page 3
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: So(,d (,t)p „- Renrta.,a
APPLICANT NAME: City of FavettevilleAPPLICANT PHONE: 444-3416
REQUESTED VACATION (applicant must check all that app(y):
- Utility Easement
- Right-of-way for alley or streets and all utility easeveots 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 ibed as follows:
General location / Address (refiring to attached document- must be completed••)
•Ent of Lew. ett Avenue. south of Robinson An tmeits Mid Nu ik f Lestt Towithonpes
.A part of Blocks 25 and 26 Evin's Farm subdivision as filed with the arcuit Clerk, Washington County,
Arkansas; the centetilne of a twenty (20) wide street right-of-way, ten (10) foot either side being more
particularly described as follows:
Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the
Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said
point of beginning also being the Southwest (SW) carrier of said Block Twenty -Five (25); thence along the
South line of said Block Twenty-FNe (25) South 86.34'39East 329.82 feel
Less and except: My and ab areas within the existing Levered Avenue right-of-way.
A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY
UTILITY COMPANY COMMENTS:
o objections to the vacation(s) described above.
• No objections to the nation(s) described above, provided following described easements are retained (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
• l II 11111
. • 7,•_ .a4L1nP5vr n za
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
l0 3/787 UTILITY EASEMENT VACATIONS
DATE:'}�J �/�1
UTILITY COMPANY: t OrCr v// tssV(LG� —
APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416
REQUESTED VACATION (applicant must check alf that apply):
Utility Easement
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 (spry, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed')
East of Leverett Avenue. south of Robinson Anarhnents and North of Leverett Townhomes
A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County,
Arkansas; the centerline of a twenty (20) wide street right-of-way, ten (10) foot either side being more
particularly described as follows:
Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the
Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said
point of beginning also being the Southwest (SW) comer of said Block Twenty -Five (25); thence along the
South Ina of said Block Twenty -Five (25) South 8634.39East 329.82 feet.
Less and except: Any and all areas within the existing Leverett Avenue right-of-way.
A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY
a
UTCOMPANY 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:
07
of Utility
October 2007
Page 6
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
\- .Z _ O j UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: V4A4 w 1—So+ti
APPLICANT NAME: Citnf Fayetteville APPLICANT PHONE: 444-3416
REQUESTED 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
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**)
Fast of Leverett Avenue_ south of Robinson Apartments and North of Leverett Townhomes
A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County,
Arkansas; the centerline of a twenty (20) wide street sight -of -way, ten (10) foot either side being more
particularly described as follows:
Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the
Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said
point of beginning also being the Southwest (SW) comer of said Block Twenty -Five (25); thence along the
South line of said Block Twenty -Five (25) South 86`34'39East 329.82 feet.
Less and except: Any and all areas within the existing Leverett Avenue right-of-way.
A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY
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 Compady')tepresentative
\ J). S O�JS Y�hc, r
Title
October 2007
Page 6
512.21.07 lance Pearman - Ords. 5090-5094 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 12.21.07 3:33 PM
Subject: Ords. 5090-5094
Attachments: 5091 RZN 07-2603 Kooshesh.pdf; 5092 VAC 07-2804 City of Fyv.pdf; 5093 VAC 0
7-2832 Timberlake Ofc Park.pdf; 5094 C-PZD 05-1610 East Sq. Dvipmt.pdf; 509
0 RZN 07-2781 Dandy.pdf
CC: Audit; GIS
Jeremy:
Attached are the above ordinances approved by the City Council on December 18th. Please let me know if there is
anything else needed for these Items. Happy Holiday!
Thanks.
Clarice
RECEIVED
JAN 032608
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Arkansas Democrat Oazette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, 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: City of
Fayetteville Ordinance 5092
Was inserted in the Regular Editions:
December 23, 2007
Publication Charge: $105.50
Subscribed and sworn to before me
This3 jday of Say -w a-yL , 2008.
Notary PubliS\4kkLL LIlln4ti&
Janice Deason
Notary Public, State of At 0nM
Washington Coun yt/15/f4
My Commission Expires:\tl I j 1I_[ MyCommissioaEVim
Do not pay from Affidavit, an invoice will be sent
RECEIVED
JAN O32008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Nfl
VAC 07-2904 SUB -
't
ILLE FOR PROPER-
€FCTT AVENUNE.
AND
NORTH
ro VACATE A FOR- ARKANSAS
K -WAY AND CRE-
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t b1: at V, r City
Ci arcc b City FrytOOUt. Ada MMIS 11aaby —___aid ebrtd See Ediiba'Battached bent and trade a pat brut.
wm and
labeled Ejfl-A aa1 De ,,.v. i11 u..11.. ..... 1
M n Y1.Dead Record• d RN Cm*.
3ececn 3: That tie vaaticn approval is sublecl to Ts Candid lSd Aopnvaas sclo�.and enaY
:at be in egad WIN W calddle m met hers . be debated r a generalutilityenf
1. The subject 20 -foot wide un-corehucted d0M -wry
Sd nad, edpedhp 0r 9AMV educb))na In re Robvlean ADatRad oarTPlar. OM.
aa V anuova Rae 1day d W 011, Rn4a190D7,
APPROVED: ATIM.
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ExhM A M a m ap and MY be vbteed n lie OIVca d tie CRY Oe.W1SLsht dunr0 norms bVa
moral 1%xvs. ....I u0S
OF -WAY.
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HAJ11maa1 tan) v1,..1.. -AVE (2b) SOUTH BB'34'30' EAST 490.11 FEtl.
H LINE OF SAID BLOCK TWENTY-AVE RIGHT -OF
AND EXCEPT: ANY AND ALL AREAS WITHIN N TDUSTING LEVERETT A VENUE
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