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HomeMy WebLinkAboutOrdinance 5276 Doc ID : 013099170004 Type : REL Kind : ORDINANCE Recorded : 10/05/2009 at 06 : 46 : 09 AM Fee Amt : 530 . 00 Pao0 1 of 4 Washinoton Countv . AR Bette Stews Circuit Clerk File 2009-00031835 ORDINANCE NO. 5276 AN ORDINANCE APPROVING VAC 09-3399 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT 303 SOUTH WEST AVENUE TO VACATE A PORTION OF THE WEST AVENUE RIGHT-OF-WAY AND AN UN-CONSTRUCTED 30' STREET RIGHT-OF-WAY 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 rights-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 rights-of-way as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A (attached) 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: I . A Master Street Plan amendment for S. West Avenue shall be approved by the City Council. 2. Relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility easements. Page 2 Ordinance No. 5276 PASSED and APPROVED this 15`h day of September, 2009. �.% ox 0 Osseo SG ; FAYETTEVILLE ; APPROVED: ATTEST: — • •� YC �J N c° B I B �lR�'� 9 -'-,"I G ' uN11 Y Y� IO ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT NOW i NEW MEN Em 11. om ne o ? a o rMIT6 . • OA y � Z � m qO Elm. IT -` Z �TIN O > Cp Z .1 . , Yi i ' n 0 OMEN Ao mr4 =41 / 1,011 x ME IT an ` .. , •fir{ � 9 / - 11 Y •<' �I . o :1 N, MITI ... y Elm MENy IA 10 p ° >A i''a ` 8 �n ^mkq � a8z y3 C '> Sm HIT ME j IIJ mzOxis - 3Z a _ . om !„ ipx ,� & yA > b .n+ > Am cz � I z � i z I mr �i 88 g . [y " m "!y �+ x . m O I _ Uj /\ ( ,a -E N IOCME WHIM NI08my ° my"5pyyo " o Vd- oom Elm P. lMM �I lyJ yq� 120 a KSS M ;g 5 H A yy (J PEI go .•, • . . Ct IN Fga N,,N `ss� a ti €€ ,,.....d. _ o : �R - - - - - - 1- - F ioi dy,y2 n g O kky77NO ME : q PJJ^ �.. ME et, IF do No 'Pill vvyn 9 � a 0 NeUeOAND�R[R NEWLIN REALTY ' Bates LE S RAY HARRIS •�� /7 - -S.So.IBtes.Inc. • FOUM im KWAVCA.mn Z A Auo.ev y CE 505 S. WEST AYd. W[al}�Yp & 18.111urr 9 m .OJNOim.mu TAYdTTSY/LLd. Ad NSAS Omfm..afeuf rpy e.+.n..wr..b�em.mY.e.lYma,. ® Afu umu ® IR t 1 DAM: 06 08 I S : 1•.80• trwunfRxc Cw.xw 0fumnYffMu b tOCAIKM: AA,Cf[R d1I11FP, ml..aw Y. • .r .rx.l`Y. AOnfuRel ¢WxUARvu 41, t0i 3 ^`x..ri. �r~i.n�.•w•+rr•�r Ne Me,sUeury 6IX}t ]l .w r �•.��\.wrro...s" .�nyYr Cf LWOFXO.O _______ XbG)U .WAY Yoanox ..`+..�..•'�:.`ter_...: - :—rIN __ - - ' nux f r.. •r.�.wwrx+rpw.r, _._ _ woce - nre.INe EXHIBIT "B" VAC 09-3399 PROPOSED WEST AVENUE RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWENTY TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89051 '44"E 19.95' TO A FOUND IRON PIN, THENCE S00005'49"W 49.97', THENCE N89057'45 "W 19.85' TO THE SOTUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N0000549"W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30' ALLEY VACATION : A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERED TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 S15012'41 "E 51 .79' TO THE SOUTHWEST CORNER OF SAID LOT 22 THENCE LEAVING SAID WEST LINE N89057'45 "W 31 .09' TO THE WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE N15012'41 "W 51 .72' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST LINE N89054'50'E 31 .08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. J City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/15/2009 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: VAC 09-3399: (Harris, 523): Submitted by Bates and Associates for property located at 303 S. West Avenue. The property is zoned DG, Downtown General and contains approximately 0. 10 acres. The request is to vacate a portion of the West Avenue right-of-way and an un-constructed 30' street right-of-way. t $ Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached ► I _ Previous Ordinance or Resolution # Dep� Dir or Date Original Contract Date: IQ,M C, Original Contract Number: City Attorney Date �— �Pa . 9, 8 . 23- 2e,7 Qf►)p� Finance and Internal Services Director Date Received in City � Clerk's Office I C f of St Date [:ReGelved in yofOffice — i vg ay r Date Comments: I 1 Revised January 15, 2009 I City Council Meeting of September 15, 2009 Agenda Item Number I CITY COUNCIL AGENDA MEMO To: Mayor and City Council ��pp Thru: Jeremy C. Pate, Director of Development Services O` From: Jesse Fulcher, Current Planner Date: August 27, 2009 Subject: Vacation for Harris at 303 S. West Avenue (VAC 09-3399) RECOMMENDATION Staff and the Planning Commission recommend approval of vacating a portion of the S. West Avenue right-of-way and an un-constructed 30' right-of-way. i BACKGROUND The subject property is located on the west side of West Avenue at 303 S. West Avenue. There is an existing single-family structure located on the property. There is excess right-of-way along the property's West Avenue frontage and an un-built 30' street right- of-way along the west side of the property. The applicant's request is to vacate an approximately 20' wide and 50' long strip of un- constructed right-of-way adjacent to the existing West Avenue, and an un-constructed 30' right-of-way along the west side of the property. DISCUSSION This item was heard at the regular Planning Commission meeting on August 24, 2009. The Planning Commission voted 9-0-0 on the consent agenda to forward this vacation request to the City Council with a recommendation of approval. 4 BUDGETIMPACT II None. I I ORDINANCE NO, AN ORDINANCE APPROVING VAC 09-3399 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT 303 SOUTI I WEST AVENUE TO VACATE, A PORTION OF THE WEST AVENUE RIGHT-OF-WAY AND AN UN- CONSTRUCTED 30' STREET RIGHT-OF-WAY 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 rights-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 rights-of-way as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A (attached) 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 follow. I . A Master Street Plan amendment for S. West Avenue shall be approved by the City Council. it i 2. Relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility easements. i Page 2 Ord. PASSED and APPROVED this day of 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer I i i I I� EXHIBIT "A" 3 lb r • I Jy \t Z ] < � f OzU ynyo > iC C vYrn O ASxn _ ° Y0a l° 3y x =a2 4. E- z7 o p <� ^ Wiz ". ? 0 ;' °y � • m ! o gg 11:: yy � ' A `zi # �O ' Kofi >= op za \ nN � SZ =2 oN s g 5 �ir4a0 o ° g X61 ionS<' To „s"o v ;irv• . , rr 91 . R.,Y $� £x3 = 54 3xn, ge'F Cn. . ptx A.,: v •'. I ,:n. 3 ^ pol l Ali l > : y m RveroR pa ' 0 e R)0.16EANOppNC3Rw: NF.h9.INRR.AI.TY Bates LF i : RAYHARRIS x z •p°,r r/+� rociates.inc- • ^••w =•u�• � s ] S WEST AVE. <NIEIq r,4 $• tlXx/M a r £AYHTT£YIU£ R"NSA5 .rte, O 'I w m.m b 4 IO, M+. SLrKRO. M •� bttr ll i MWE EXHIBIT "B" VAC 09-3399 PROPOSED WEST AVENUE RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWETNY (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89051 '44"E 19.95' TO A FOUND IRON PIN, THENCE S00005'49"W 49.97', THENCE N89057'45 "W 19.85' TO THE SOTUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00000'5411W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. I PROPOSED 30' ALLEY VACATION : A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 S15012'41 "E 51 .79' TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE LEAVING SAID WEST LINE N89057'45"W 31 .09' TO THE WEST SIDE ALLEY , THENCE ALONG SAID WEST LINE N15012'41 "W 51 .72' TO A FOUND IRON PIN , THENCE LEAVING SAID WEST LINE N89054'50'E 31 .08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. r �I I i ,. f ■ so• I ■ I i I T aye evl e PC Meeting of August 24, 2009 ARKANSAS THE CITY OF PAYETTEVILLE , 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: magus" 9-, 2809 Updated August 27, 2009 i VAC 09-3399: (HARRIS / 303 S. WEST AVENUE, 523): Submitted by BATES & ASSOCIATES for property located at 303 S. WEST AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0. 10 acres. The request is to vacate a portion of the West Avenue right-of--way and a 30' alley right-of-way. � Planner: Jesse Fulcher Findings: Property Description and Background: This property is located on the west side of West Avenue at 303 S. West Avenue. There is an existing single-family structure located on the property. There is excess right-of-way along the property's West Avenue frontage and an un-built street right-of-way along the west side of the property. These areas of right-of-way are proposed to be vacated. Request: ( 1 ) The West Avenue right-of-way is located on the west side of West Avenue in front of 303 West Avenue. This right-of-way is an approximately 20' wide and 50' long strip of un-constructed right-of-way adjacent to the existing West Avenue (see attached exhibit). (2) The un-constructed right-of-way along the west property line was originally platted to be a 30' wide street. This street was never built and now adjoins a block of residences and the subject property. The right-of-way traverses from the southwest property line to the northwest property line (,see attached exhibit). These areas are not anticipated to be needed by the City for transportation purposes because: (1 ) Two other sections of the West Avenue have been reduced from 60' to 40' ; however, the current Master Plan Plan, which was adopted after the previous vacations, designates West Avenue as a 45' right-of-way (ST-45); and (2) the southern 178' of right-of-way, which provides the connection to Prairie Street, was vacated by Ordinance No. 5017, and the northern 51 ' was vacated by Ordinance No. 5072. i, The applicant has submitted the required notification forms to the utility companies and to the j City with the result summarized below. UTILITIES RESPONSE j Ozarks Electric No Objections t KAReports\2009\PC Reports\I9-August 24\VAC 09-3399 (Harris-303 West Avenue).doc Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering -Trails Coordinator No Objections Public Comment: No objections to the vacation have been received. Recommendation: Staff recommends forwarding (VAC 09-3399) to the City Council with a recommendation for approval subject to the following conditions of approval. Conditions of Approval: 1. Planning Commission determination of an amendment to the Master Street Plan for S. West Avenue, reducing the street section from an ST -45 to an ST -40 along 303 S. West Avenue. Slafjfinds in favor of the request, given that two segments of West Avenue between South and Prairie have already been vacated, resulting in a 40right-of-way for West Avenue (see attached exhibit). THE PLANNING COMMISSION FOUND IN FAVOR OF THE AMENDMENT. r 2. Relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility casements. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 'I Forwarded ❑ Denied ❑ Tabled Date: August 24, 2009 Motion: Graves Second: Cabe Vote: 9-0-0 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 Date KAReports\2009\PC Reports\I9-August 24\VAC 09-3399 (Hanls_303 West Avenue).doc JOt Sates C Associates,) nc. Civil Engineering & Surveying 91 W. Colt Square Dr., Suite 3 / Fayetteville, AR 72703 PH: 479-442-9350 ' FAX: 479-521-9350 June 23, 2009 Planning Department City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: West Ave ROW vacation and Alley Vacation Dear City Planner, Mr. Harris is requesting that a portion of the West Ave Right of Way be vacated and the 30' alley on the west side of the property be vacated. The vacation is needed because of the excess right of way and the alley are not necessary as shown on the Master Street Plan. Currently, there is 60' of right of way along West Ave. and the owner is proposing to vacate approximately 20' of the right of way to leave 40' remaining. The vacation will not affect any future construction of West Avenue. The 30' alley has been previously vacated off site of this property and Mr. Harris would like to continue the vacation of the alley. If you have any questions or require additional information, please feel free to call. Sincerely Bates & Associates, Inc. Geoffrey H. Bates, P.E. President of Engineering PETITION PETITION TO VACATE A right-of-way and an alley LOCATED ALONG S. West Avenue, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the right-of-way and alley hereinafter sought to be abandoned and vacated, lying along S. West Avenue, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way and Alley which is described as follows: PROPOSED RIGHT-OF-WAY VACATION: A part of West Avenue lying east of and being adjacent to Lot Two (2) in Block Twetny (22) of Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat 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 found iron marking the northeast comer of said lot 2 and running thence s89°51'44"e 19.95to a found iron pin, thence s00°05'49"w 49.97', thence n89°57'45"w 19.85' to the sotuheast comer of said lot 2, thence along the east line of said lot 2 n00°00'54'w 50.00' to the point of beginning. containing 0.02 acres, more or less. PROPOSED 30' ALLEY VACATION: A part of a non -constructed alley lying west of and being adjacent to lot numberd two (2) in block twenty-two (22) of Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat 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 found iron pin marking the northwest corner of lot 2 and running thence along the west line of said lot 2 sl5°1241 "e 51.79' to the southwest comer of of said lot 2, thence leaving said west line n89°57'45"w 31.09' to the west side alley, thence along said west line n15° 1241 "w 51.72' to a found iron pin, thence leaving said west line n89°54'50'e 31.08' to the point of beginning. containing 0.04 acres, more or less. That the abutting real estate affected by said abandonment of the right of way and alley is lot 2, Ferguson's Addition 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 right-of-way and Alley. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, 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 now approved by law. 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 governing 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 sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this _ day of , 20 printed name signature printed name signature UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: June 23, 2009 A r, I 1 rT -'� r, UTILITYCOMPANY: ARKANS11c IA)ES ICI(IV (-r Ac Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350 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 ❑O Street right-of-way I have been notified of the petition to vacate the following right-of-way & Alley, described as follows: General location / Address: West side of S West Ave (303 S. West Ave.) PROPOSED RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWETNY (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89°51'44"E 19.95' TO A FOUND IRON PIN, THENCE S00°0549"W 49.97', THENCE N89°57'45'W 19.85' TO THE SOTUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00°00'54'W 50.00TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30' ALLEY VACATION: A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN TEE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 S15°12'41'E 51.79' TO THE SOUTHWEST CORNER OF OF SAID LOT 2, THENCE LEAVING. SAID WEST LINE N89°5745"W 31.09' TO TIM WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE N15°12'41"W 51.72' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST LINE N89°54'50'E 31.08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above. O No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) fiY P4 � �Q�vtFr� PA Title JUN -29-2009 14:00 FR0M:0ZRRKS ELECTRIC 479 684 4617 T0:479 S?1 935@ P.2'2 UTILITY APPROVAL FORM FOR RIGHT. OF- WAY & ALLEY, VACATION DATE: June 23, 2009 UTILITY COMPANY: rj 7'- -{[ $ E I ni-r, r Applicant Name: Bates & Associatc9 Inc. Applicant Phone: 479.442.9350 REQUESTED VACATION (applicant mast check aft that apply): O Utility Easement ❑ Right.of--way for alley or streets and all utility easements located within the vacated right- of- way. ® Alley 131 Street right-of-way I have been notified of the petition to vacate the following right -of --way & Alley, desedbed as follows: General location / Address: West side of S West Ave (303 S. West Mc ) PROPOSED RICHT•OF-WAY VACATION' A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWE'INY (22) OF FERGUSONS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89°51'44"E 19.95' TO A FOUND IRON PIN, THENCE S00°05'49"W 49.97, THENCE N89°57'45W 19.85' TO THE SOTUHEAST CORNER or SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00°00'54"W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30ALLEY VACATION - A PART OF A NON-CONSTRUCTLD ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYE'ITEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 S15°12'41"E 51.79' TO THE SOUTHWEST CORNER OF OF SAID LOT 2. THENCE LEAVING SAID WEST LINE N89°5745"W 31.09' 'R) THE WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE Nl5°IX41"W 51.72' TO A FOUND (RON PIN, THENCE LEAVING SAB) WEST LINE N89°54'50'E 31-08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. UTILITY COMPANY COMMENTS: N' No objections to the nation(s) described above. 13 No objections to the vacation(s) described above, provided following described easements are retained (State the location, dimensions, and purpose below.) UTILITY APPROVAL FORM FOR RIGHT- OF- WAY &. ALLEY, VACATION DATE: June 23, 2009 UTILITY COMPANY: �C) Applicant Name: Anfcs Rc Associates Inq, Applicant Phone: 472_44_2.2350 REQLJES LD VACATION (applicant mast check aN that apply): ❑ Utility Easement O Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ILd Alloy ILE Street right-of-way I have been notified of the petition to vacate the following right-of-way & Aflev, described as ibllows: General location / Address: West side of S. West Ave 30� Wt Avl fJtQ OSED RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWL'TNY (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILI-E, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89°51'44"E 19.95' TO A FOUND IRON PIN, THENCE S00°05'49"W 49.9?,'1'HENCE N89°5745"W 19.85' TO THE SOTUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00°00'54W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30ALLEY VACATION: A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBER!) TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVII,LE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF TI IE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND IRON PIN MARKING THE NORTH WEST CORNER OP LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 SIS°1241"E 51.79' TO THE SOUTHWEST CORNER OF OF SAID LOT 2, 'THENCE LEAVING SAID WEST LINE N89°57'45"W 31.09' TO THE WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE N15°12'41"W 51.72' TO A POUND IRON PIN, THENCE LEAVING SAID WEST LINE N89°54'50'E 31.08' TO THE POINT O1' BEGINNING. CONTAINING 0.04 ACRES. MORE OR LESS. UTILI Y COMPANY COMMENTS: rj�No objections to the vacation(s) described above. O No objections to the vacation(s) described above, provided following described casements arc retained. (State the location, dimensions, and purpose below.) A24y4eT/Q ,L - Title UTILITY APPROVAL FORM PON RIGHT- OF- WAY & ALLEY, VACATION DATE: luoo 23, 2009 UTILITY COMPANY: Cox Communications Applicant Name: Batas & Associates. Inc. Applicant Phnno: 479442.9350 REQUESTED VACATION (tipilem rtrnse cftecka(thar apply): ❑ Utility Easement ❑ Rigid -of -way for alley or streets and all utility casements located within the vaeawd right- of- way. ® Alley ® Street right.of-way I have been notified oftho petition to vacate the following right -of -w.'& Alley, described at follom: t:iencml location l Addttss: Wear side ofS.West Ave (303 S. Wc.t Ave.) PRQp H1) RICH14)F-WAY VACATION: A PART OF WFST AVENUE LYING EAST OP AND BEING ADJACRNT TO LOT TWO (2) IN BLOCK TW61NY (22) OF FFRGIISON'S ADDITION TO THE CITY 01: PAYE1TEYB.LE, ARKANSAS, AS PER PLAT ON PILE IN TILE OFFICE OP T(IE CIRCUIT CLERK AND 13X -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BRING MORR PARTICJIIARLY DESCRIBED AS FOLLOWS, TO - WIT: BEGINNING AT FOUND IRON MARKING TUB NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89°51'44E 19.95' TO A FOUND IRON PIN, THENCE S00°05'49" W 49.9T, THENCE N89°8'2'45"W 19.85' TO THIN SOTUIIBAST CORNER OF SAID LOT Z 1TIENCE ALONG 118; EAST LINEUP SAID LOT 2 N00°00'S4•W 50.00' TO THE POINT OF BEONNINC.. CONTAINING 0.02 ACRES. MORE OR LESS. L%0POSHD 30ALLEY VACATION., A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADIACENF TO LOT NUMBER!) TWO (2) IN BLOCK TWENTY-TWO (22) OF FLROUSON'S ADDITION TO THE CITY Olt FAYRITEVIU.K, ARKANSAS, AS PER PLAT ON FILE IN 11111 OFFICE OP T'IIE CIRCUfr CLERIC AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEMO MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT': BEGINNING AT A FOUND IRON PIN MARKING TUE NORIIIWRST CORNER OF LOT 2 AND RUNNING THENCE ALONG 171E WEST LINE 01' SAID LOT 2 SIS"I2'41`E $1.79 11) 111E SOUHIWIEST CORNER OF OF SAID LOT 2, TIIFNCE LEAVING SAID WEST LINE N89"ST45"W 3109' TO TIBf WEST SIDE ALLEY,'HIENCE ALONG SAID WEST LINE N15"1241W 51.72' 10 A FOUND IRON PIN,'11IENCE LEAVING SAID Wie'SI' LINE NSY'54'50'B 31.08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. UTILITY COMPANY COMMENTS: ❑ No objections to the vacalion(s) deseritaal above. ❑ No nhjeciax:v in the vacmitm(s) d, ,aihrd show; provided following described tmsemenls are rasined. (State the location, dvnanions, and purpose below.) Field I1nyineer Till., UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: June 23, 2009 UTILITY COMPANY: t/ e� // Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must check gg that apply): ❑ Utility Easement Cl 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 right -of --way & Alley, described as follows: General location / Address: West side of S.West Ave (303 S. West Ave.) PROPOSED RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWETNY (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89°51'44"E 19.95' TO A FOUND IRON PIN, THENCE S00°05'49"W 49.97', THENCE N89°5T45'W 19851O THE SORUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00°00'54"W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30' ALLEY VACATION: A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 515°1241"E 51.79TO THE SOUTHWEST CORNER OF OF SAID LOT Z THENCE LEAVING SAID WEST LINE N89°57'45"W 31.09' TO THE WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE NI5°12'41"W 51.72' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST LINE N89°54'50 -E 31.08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. 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 die location, dimensions, and purpose below.) of Utility Company 3s? 1�eSU�IJ '_ry'-at lJ f ER Title t d a50ZSZb9n6'ON/LL:SL .LS/LI'SL 60.0E'9 (3n1) WOHA UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: June 23.2009 UTILITY COMPANY: gj ethd1e. Sa 'r .rRP .'1L,e Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350 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 El Street right-of-way. I have been notified of the petition to vacate the following right-of-way & Alley, described as follows: General location / Address: West side of S. West Ave (303 S. West Ave.) PROPOSED RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWETNY (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89°51'44"E 19.95' TO A FOUND IRON PIN, THENCE S00°05'49"W 49.97', THENCE N89°57'45"W 19.851O THE SOTUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00°00'54"W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30' ALLEY VACATION: A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYEITEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 S15°12'41"E 51.79' TO THE SOUTHWEST CORNER OF OF SAID LOT 2, THENCE LEAVING SAID WEST LINE N89°5T45"W 31.09' TO THE WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE N15°1241"W 51.72' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST LINE N89°54'50TE 31.08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. r ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Aak RO .1 i .. ,n Title 07/14/2009 TUE 8:19 FAX 479 684 4730 WATER & SEWER ®003 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: June 23, 2009 `, e UTILITY COMPCoANY: y2�tat1 11-a_ L`"aL�e Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must check gfl 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 right-of-way & Alley, described as follows: General location / Address: West side of S.West Ave (303 S. West Ave.) PROPOSED RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWENTY (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING.THENCE S89°51'44"E 19.95' TO A FOUND IRON PIN, THENCE S00°05'49"W 49.97', THENCE N89°57'45"W 19.85' TO THE SOTUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00°00'54"W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30' ALLEY VACATION: A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. AS PER PLAT 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 FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 S15°72'41"E 51.79' TO THE SOUTHWEST CORNER OF OF SAID LOT 2, THENCE LEAVING SAID WEST LINE N89°5T45"W 31.09TO THE WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE N15°12'41"W 51.72' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST LINE N89°54'503E 31.08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. UTILITY COMPANY COMMENTS: ANo 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.) UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: June 23, 2009 UTILITY COMPANY: ( ,[7V IF MVE 'IL 7Q'Q t4y10J 'b rvtS,0t/ Applicant Name: Bates & Associates, Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must check ail teat apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. W Alley ❑O Street right-of-way I have been notified of the petition to vacate the following righbof-way & Alley, described as follows: General location / Address: West side of S.West PROPOSED RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWETNY (22) OF FERGUSON'S ADDITION TO THE CI'T'Y OF FAYE'ITEVILLE, ARKANSAS, AS PER PLAT 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 FOUND IRON MARKING 771E NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89°5 i'44"E 19.95' TO A FOUND IRON PIN, THENCE S00°05'49"W 49.97', THENCE N89°57'45"W 19.85' TO TIIE SOTUHEAST CORNER OF SAID I.OT' 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00°00'54"W 50.00' TO TILE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30' ALLEY VACATION: A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYF.TTIBV11.LF., ARKANSAS, AS PER PLAT' ON FILE IN TILE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND IRON PIN MARKING TILE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 SI5°12'41"E 51.79' TO THE SOUTHWEST CORNER OF OF SAID LOT 2, THENCE LEAVING SAID WEST LINE N89°57'45"W 31.09' TO THE WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE N15°12'41"W 51.72' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST LINE N89°54'50'E 31.08TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. UTILITY COMPANY COMMENTS: 11" 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.) ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY & ALLEY VACATION REQUESTS Date: June 23.2009 Address / location of vacation: 2303 S. West Avenue Adjacent property address: 3 o l c, A. [A, \ tr Lot: 02 Block: 22 Subdivision: Ferguson's Addition REQUESTED VACATION: I have been notified of the petition to vacate the following right-of-way and Alley, described as follows: PROPOSED RIGHT-OF-WAY VACATION: A part of West Avenue lying cast of and being adjacent to Lot Two (2) in Block Twenty (22) of Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat 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 found iron marking the northeast comer of said lot 2 and running thence s89°5144"e 19.95to a found iron pin, thence s00°05'49"w 49.97', thence n89°57'45"w 19.85' to the sotuheast corner of said lot 2, thence along the east line of said lot 2 n00°00'54"w 50.00' to the point of beginning. containing 0.02 acres, more or less. PROPOSED 30' ALLEY VACATION: A part of a non -constructed alley lying west of and being adjacent to lot numberd two (2) in block twenty-two (22) of Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat 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 found iron pin marking the northwest comer of lot 2 and running thence along the west line of said lot 2 s 15° 12'41 "e 51.79' to the southwest comer of of said lot 2, thence leaving said west line n89°57'45"w 31.09' to the west side alley, thence along said west line n15°12'41"w 51.72'to a found iron pin, thence leaving said west line n89°54'50'e 31.08' to the point of beginning. containing 0.04 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: O 1 have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. O 1 do object to the requested vacation because: Name of Propert O er (printed) Xa Signature of perry Owner I 3} ��IFi•4i. A-� w>� T. ter. 'TJ JI S> A N y ?_r12 Fp�O NS 1O+'n.lr R_ __ `� I� 2 g � = _ � o 1 I• T m C C NEWLIN REAI.1 Y 9 S. LEST AVE Y£TT£YILLE. ARKANSAS LOT 2 MOP 22 IERNSd5 am TI1 >-pZr9>99>'a A; AYu'JNi �'1�>D O< K 2 t9 >ZO yF y? j��Ji? ZYV T>ZnO FC pyS .- nf m Zn' EA`m y44 nZyyZ![c >l N rtnHO mlod£J<ST Yr>-liyp OO_Z< Zj m OM9�(> ;v O 1N1NtEt11:: p$Y$�.11 �II1 1 mT�1I •.j Z OOOQ4A0" m 'Sm° rno3F Z°On�OS Zr 'ui SQ ZN9pmj 3� r. Y O Ipi T>�O>�00 ...O DA•^'Jyn Z GTxS> N>t�xmo oosnlCT - Esyg�� N�PXo >f� O rdp-In n ZpC'01111.1ss `ZJi n=S'��OFO N m-;• Y r? zZi A CZ 0 » I Iq • j>i F O 3 kn oN O A O U A IZ0 a z 2[ m :4 _ -x ts^ 1-:M gn y,1 N i V 1 u •11 m w E U Malty a m (K q N ; >> Ay O 4 �y0 O A N j LIV IY\C _ •ZO O LI re! It It9tl d.. y a. .': a �. I m - ln r-; ^II. I I� '9 W'99• 9v Inc. • 1'MIVU 1:*iB♦}1\P"S1 0 i'UTAO V'aLi O VTV'ary LLl'V SIST/IM an yl.a+ O.afaurtre © i,Vtu, 5ra:a W. •NY• Yu 4FLa `>•� IMVPd1 U.w4L.1 1,111' a• 4 — ('a]lnl n[In uqu • _•J•4 uAO A.vU II_ CL -.-.-.-.- a Vi0.1lV: $ VAC09-3399 One Mile View On d R9r4 LD RYJ RSJ RS P4 P RI R JRM �SJ R 1_. HARRIS/303 S. WEST AVE. RS -1 K c.I R1•dD RE• -N R'Yd R$J RSiJ PSJ RSFJ RSF-4 R RSFJ PSFJ R RS a R R11a0111fi.24 R CQ RSFJ RSFJ RSFJ RSFJ ISa P1 RO a- IF FW_NRSJ N RSJ RSFJ RSJ 4 RSF< RSFJ RSf dR$FJPAW3d0.2 SFd RSJ RSJ P$F 4 RAF.N RAF .21 RAF 24 RAF -2i ) PAiR4 41 II RS d tl1 I -I P.1 p .0 CA 1 RAF.24 IIAf.N RF.F.I RMR-21RM.N -21 R.A RSFa RSF J R$441 41 SF -4 RSFJR 2i RSFd 9,F -II R F -2i I'I RPZDRSFd R5F< O -4C-2 C I RAF -2i ' }. 4t Overview Legend �•� =• Subject Property 2---2 . .r ® VAC09-1399 �l N . — Boundary Ji i J R.�;_r 0 0.25 0.5 Mies RECEIVED OCT 022009 NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 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 5276 September 25 2009 Publication Charge : $ ''1 ,23.74 Signed: ---- �v Subscribed and sworn to before me Thisjp day of 2009. Notary Public f — V My Commission Expires: '7'v- G1 20/Z Do not pay from Affidavit, an invoice will be sent RECEIVED OCT 022009 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 627E AN ORDINANCE APPROVING VAC 09-3399 SUB- EnVY D BY BATES AND SOUTH ASSOCIATES FOR UEOP- O /� /►T T 1 /, A LOCATED AT 303 SOUTH WEST AVENUE TO G G V 1G VACATE A PORJION OF THEWEST AVENUE RIGHT- OF-WAY AND AN UN -CONSTRUCTED 30 STREET ARKANSAS RIGHT-OF-WAY ON THE SUBJECT' PROPERTY WHEREAS, the City Council has the authority under A.C.A. § 14-54-10410 vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described rights -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 rights -of -way as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with tqe map attached and labeled Exhibit A (attached) 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: 1. A Master Street Plan amendnrenl for S. West Avenue shall be approved by the City Council. 2. Relocation of existing utilities shall be at the owner/developers expense including the possible need for utility easements. PASSED and APPROVED this 15th day of September, 2009. APPROVED. ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City CIarWMawrar Exhibit A Is a map that may be viewed in the office of the City Clerk/Treasurer during nor- mal business hours. EXHIBIT'S' VAC 09-3399 PROPOSED WEST AVENUE RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING FAST OF AND BEING ADJACENT TO LOT TWO (2 BLOCK TWETNY (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVIL ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND OFFiCIO RECORDER OF WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTII LARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT FOUND IRON MARKING l NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE SE9'51'44'E 19.95 Ti FOUND IRON PIN, THENCE 5000549W 49.97, THENCE N89 -5745,W 19.85TO 1 SOTUHEAST CORNER OF SAID LOT 2. THENCE ALONG THE EAST LINE OF SAID LC N00°0054W 50.00' TO THE POINTOF BEGINNING, CONTAINING 0.02 ACRES, MORE LESS. PROPOSED 30' ALLEY VACATION: A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION • DESCRIBED AS FOLLOWS, TO -WIT: E THE NORTHWEST CORNER OF LOT 2 JNE OF SAID LOT 2 S15°1241'E 51.79' 2. THENCE LEAVING SAID WEST LINE NI 51 31 OF