HomeMy WebLinkAboutOrdinance 5284 !f
Doc ID : 013210560003 Type : REL
Kind : ORDINANCE
Recorded : 12/ 15/2009 at 08 : 34 : 01 AM
Fee Amt : $25 . 00 Pace 1 of 3
Mashinoton Countv . AR
Bette Stamps Circuit Clerk
File2009-00039383
ORDINANCE NO. 5284
AN ORDINANCE APPROVING VAC 09-3444 SUBMITTED BY SAWYER' S
OUTDOOR SOLUTIONS FOR PROPERTY LOCATED AT 2021 BALL AVENUE TO
VACATE A PORTION OF A UTILITY EASEMENT CONTAINING
APPROXIMATELY 124 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 described 124 square-foot portion of the
platted 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 portion of utility easement 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 shall be filed in the office of the Recorder of the County and recorded in
the Deed Records of the County.
Section 3 : This vacation approval is subject to the owner' s agreement that any necessary
relocation of existing utilities caused by this vacation will be at the expense of the owner.
PASSED and APPROVED this 17th day of November, 2009.
APPROVED: ATTEST:
By: O y: L tc
AtIONtLI) JORD ayor SONDRA E. SMITH, City Clerk/Treasurer
06\T Y p"c-e SGS
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EXHIBIT "B"
VAC 09-3444
THE AREA UTE WILSON & SAWYER' S OUTDOOR SOLUTIONS ARE REQUESTING
AN EASEMENT VACATION FOR THE PURPOSE OF ADDING A SUNROOM TO THE
EXISTING HOME.
COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES
31152"E 33 .61 FEET, THENCE EAST 73 .73 FEET TO THE P.O.B., THENCE ALONG THE
SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58" E
5 .00 FEET, THENCE S 00 DEGREES 29'02" W 24.73 FEET, THENCE N 89 DEGREES
30' 58" W 5 .00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET MORE OR LESS.
Washington County , AR
I certify this instrument was filed on
12/15/2009 08 : 34: 01 AM
and recorded in Real Estate
File Number 2009-0003 3 3
Bette Stamps - Circ it e
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/17/2009
City Council Meeting Date
Agenda Items Only
Data Sanders Planning Development Services
Submitted By Division Department
Action Required:
VAC 09-3444: (Ute Wilson, 371 ): Submitted by Sawyer's Outdoor Solutions for property located at 2021 Ball Avenue.
The property is zoned RSF-4, Single Family, 4 units per acre and contains approximately 0.33 acres. The request is
to vacate a portion of a utility easement on the subject property.
S -
Cost of this request Category / Project Budget Program Category / Project Name
r
Account Number Funds Used to Date - Program / Project Category Name
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
. IYAA.IA,wv( . .l Previous Ordinance or Resolution #
De/p^a�rlment Dirr Date
/ 1 / Original Contract Date:
Original Contract Number: 'I
dal L
City Attorney Date
`P c)L
Finance and Internal Services Director Date Received in City 10 LAO
Clerk's Office
Ch f of St Date
Received in
Mayor's Office
ay ' Date+
Comments: ,
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Revised January,15, 2009
City Council Meeting of November 17, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Jeremy C. Pate, Director of Development Services
From: Dara Sanders, Current Planner
Date: October 28, 2009
Subject: Utility Easement (VAC 09-3444) 2021 North Ball Avenue
RECOMMENDATION
Staff and the Planning Commission recommend approval of vacating a portion of an
existing utility easement on the subject property.
BACKGROUND
The subject property is located at 2021 North Ball Avenue, at the northwest comer of
Kantz Lane and Ball Avenue. There is a duplex located on the property, constructed in
1993 . The applicant's request is to vacate a portion ( 124 square feet) of a utility easement
to allow for the addition of a sunroom to the existing structure.
DISCUSSION
This item was heard at the regular Planning Commission meeting on October 26, 2009.
The Planning Commission voted 8-0-0 on the consent agenda to forward this vacation
request to the City Council with a recommendation of approval.
BUDGETIMPACT
None. i
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ORDINANCE NO.
AN ORDINANCE APPROVING VAC 09-3444 SUBMITTED
BY SAWYER ' S OUTDOOR SOLUTIONS FOR PROPERTY
LOCATED AT 2021 BALL AVENUE TO VACATE A
PORTION OF A UTILITY EASEMENT CONTAINING
APPROXIMATELY 124 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 described 124 square-foot portion
of the platted utility easement is not required for corporate proposes;
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 portion of utility easement as described in Exhibit B (attached).
Section 2 : That a copy of this Ordinance duly cerlified by the City Clerk along with the
map attached 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 : This vacation approval is subject to the owner's agreement that any necessary
relocation of existing utilities caused by this vacation will be at the expense of the owner.
PASSED and APPROVED this day of 2009. i
APPROVED: ATTEST:
I
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerkll'reasurer
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EXHIBIT "A"
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EXHIBIT "B"
VAC 09-3444
THE AREA UTE WILSON & SAWYER ' S OUTDOOR SOLUTIONS ARE REQUESTING
AN EASEMENT VACATION FOR THE PURPOSE OF ADDING A SUNROOM TO THE
EXISTING HOME.
COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES
3V527:E 33 .61 FEET, THENCE EAST 73 .73 FEET TO -1-1-1E P .O.B., THENCE ALONG THE
SETBACK LINE N 00 DEGREES 29'02' E 24.73 FEET, THENCE S 89 DEGREES 30` 58" F
5 .00 FEDI', 'THENCE S 00 DEGREES 29'02" W 24.73 FEET, THENCE N 89 DEGREES
30' 58" W 5.00 FEET TO THE P.O.B. ; CONTAINING 124 SQUARE FEET MORE OR LESS.
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01T PC Meeting of October 26, 2009
Taye ARKANSAS
THE CITY OF FAYF, TTFIVIL. I . I . ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO : Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
TI-IRU: Jeremy Pate, Development Services Director
DATE: October 19, 2009
i
VAC 09-3444: (UTE WILSON / 2021 N. BALL AVE, 371 ): Submitted by BUZZ
SAWYER SAWYER'S OUTDOOR SOLUTIONS for property located at 2021 BALL
AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS PER ACRE and
contains approximately 0.33 acres. The request is to vacate a portion of a utility
easement on the subject property. Planner: Dara Sanders
Findings:
Property Description: The subject property is located at 2021 North Ball Avenue, at the
northwest corner of Kantz Lane and Ball Avenue. There is a duplex located on the
property, constructed in 1993 . The duplex was approved as part of the Royal Oaks
Estates Planned Unit Development (PUD).
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use tonin
North Multi-family residence RSF-4, Residential Single-family
South Single family residence RSF-4, Residential Single-family
East Multi-family residence RSF-4, Residential Single-family
West Two-family residence RSF-4, Residential Single-
Request:
in le-Request The applicant's request is to vacate a portion (124 square feet) of a utility
easement to allow for the addition of a sunroom to the existing structure.
f
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
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UTILITIES IZESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
I
Southwestern Electric Power Company No Objections
i
KMeports\2009TC Reports\23-October 26\VAC 09-3444 (Ute Wilson).doc
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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 No Objections
Public Comment: No public comment has been received.
Recommendation : Finding that adequate easement for service will exist to serve j
existing utilities and provide for new utilities, staff recommends forwarding VAC 09-
3444 to the City Council with a recommendation of approval with the following
conditions:
Conditions of Approval:
1 . Any relocation of existing utilities shall be at the owner/developer's expense.
CI'T'Y COUNCIL ACTION : Required
I
PLANNING COMMISSION ACTION : Required
Planning Commission Action : x Forwarded U Denied U Tabled
Date: October 26, 2009
u
Motion : Graves
Second: Lack
Vote: 5-0-0
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KAReponsQ009TC RepomA23-October 261VAC 09-3444 (Ure Wilwn).doc
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SAWYERS OUTDOOR SOLUTIONS
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June 27, 2008 .
Royal Oaks Homeowner's Association
Board of Directors
• To Whom It May Concerti
This letter is to acknowledge that the board of the Royal Oaks Homeowner's Association
bas no objections, and hereby grants pemussiod to Bromo and Ute Wilson, located at
2021 North Ball Avenue in Royal Oaks subdivision, build a sunroom on the front of their
• home.
In the event any questions should arise, please feel free to contact Annie Langston,
President or Kellie Whitehead, Treasurer, Royal Oaks Homeowner's Association.
Thank you;
PETITION TO VACATE
AN EASEMENT LOCATED IN
LOT 43 OF THE ROYAL OAKS SUBDIVISION,
A RE -PLAT OF KANTZ PLACE,
TRACTS 1-6 IN 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 easement, right-of-way
hereinafter sought to be abandoned and vacated, lying in lot 43 in the Royal Oaks Estates A Re -plat of
Kantz Place Tracts I thru 6, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an
easement utility right-of-way. The portion of this utility easement and right of way we are requesting be
vacated is described as follows:
COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52" E
33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE SETBACK
LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58" E.5.OO
FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89 DEGREES 30' 58"
W 5.00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are Lot 43, of the Royal
Oaks Estates a Re -Plat of Kantz Place Tracts I thru 6, 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, right-of-way.
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, f /,LJeC _. , 2008.
±- �
the Wilson
December 5, 2008
Ute Wilson, Home Owner & Applicant
2021 North Ball Avenue
Fayetteville, Arkansas 72703
RE: Petition to Vacate a Portion of an existing Utility Easement / Right -
Of -Way on the above -mentioned property
Project Description:
The applicant (Ute Wilson) proposes that a portion of the utility easement i
right-of-way be vacated at 2021 N Ball Ave., Lot 43, Royal Oaks Estates, a
Re -Plat of Kantz Place, Tracts 1-6. This property is located at 2021 N Ball
Avenue, at the northwest corner of Kantz Lane and Ball Avenue. This
request is being made to allow construction of a sunroom to the existing
duplex, built in 1993. The total amount we are proposing to be vacated is
124 square feet, more or less.
Proposed Use:
Single Family Residential
Zoning:
RSF-4, Residential Single Family 4 units per acre
Size:
.33 acre
Density/Intensity:
1 residential unit will have a sunroom
located, extending an additional 5 feet,
attached where existing front porch is
more or less.
Public Hearings:
December 18, 2008 113 West Mountain Street (City Administration Building
Room 326) Fayetteville, AR 72701
Property Owner:
Ute Wilson (& the late William Bromo Wilson)
Home: 479.521.1342, Cell: 479.283.8861
Contractor:
Sawyer's Outdoor Solutions, 479.582.4786
Review Location:
The project information is available for public review at the City of Fayetteville
Planning Division, 125 West Mountain Street, Fayetteville, AR 72701
Monday -Friday 8AM-5PM; 479.575.8267.
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: December 5 2008
Utility Company: RI � r
Applicant: Ute Wilson - homeowner. & Sawyer's Outdoor Solutions - contractor
Applicant Phone: 479 283.8861 cell; Sawyer's phone: 479 582.4786
REQUESTED VACATION (applicant must check all that apply).
u Utility Easement
Right-of-way for alley or streets and all utility easements located within the
vacated right-of-way.
o Alley
a Street right-of-way
U
have been notified of the petition to vacate the following (alley, easement, right-of-
way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas}COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52"
E 33.61 FEET. THENCE EAST 73.73 FEET TO THE P.O.B.. THENCE ALONG THE
SETBACK IJME N 00 (DEGREES 2902" E 24.73 FEET. THENCE S 89 DEGREES 30* 5c'*
E 5.00 FEET, THENCE 900 DEGREES 2902" W 24,73 FEET. THENCE N 89
DEGREES 3C' 58" W 5.00 FEETTO THE P.O.B.. CONTAINING 124 SQUARE FEET
MORE OR LESS.
UTILITY COMPANY COMMENTS:
0 No objections to the vacation(s) described above.
Nu objections to the vacation(s) described above, provided following described easements arc
retained. (State the location, dimensions, and purpose below.)
9jNo objections provided the following conditions are met:
REL�cI>Ftv±.lc�t__aa >arvt} :C� AS_.1N _.FACTS Tt -S
Vv t r..t _[` T'4F c1.'tiiTt_S I? � �1 ≤L :_A 2 P_7 -y J3
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C`1
`Signature. Utility Company Representative
CEP LCSt P.J ✓=5l-1Nc Z
'rde
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unnninc' innmmt\ ciaAmac, rtat-7n an an dee
12-23-08;06:56AM;
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
4796844617 # 2/ 2
Date: December 5.2008
Utility Company: Ozarks Electric
Applicant: Ute Wilson — homeowner. & Sawyer's Outdoor Solutions - contractor
Applicant Phone: 479.283.8861. cell: Sawyer's 82.4786
REQj3ESTED 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 (alley, easement, right-of-
way), described as follows: (2021 N. Ball Street, Fayetteville, Arkansas)
COMMENCING ATTHE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52"
E 33.61 FEET. THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE
SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET. THENCE S 89 DEGREES 30' 58"
E 5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET. THENCE N 89
DEGREES 30' 58" W 5.00 FEET TO THE P.O.8.: CONTAINING 124 SQUARE FEET
MORE OR LESS.
UTILITY COMPANY COMMENTS:
0 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.)
No objections provided the following conditions are
Lead Srnta Tcclt
Title
1- 5-09; 3:5OPM;AWG nlapetch Pay, AR
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: December 5.2008
Utility Company: Arkansas Western Gas
;4795828258 P 2/ 2
Applicant: Ute Wilson — homeowner, & Sawyer's Outdoor Solutions - contractor
Applicant Phone: 479.283.8861, cell; Sawyer's phone: 479.582.4786
REQUEIED 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
a Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-
way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas}
COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52"
E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE
SETBACK LINE N 00 DEGREES 29' 02_" E 24.73 FEET, THENCE S 89 DEGREES 30' 58"
E 5.00 FEET, THENCE S 00 DEGREES 29 02" W 24.73 FEET. THENCE N 89
DEGREES 3058" W 5.00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET
MORE OR LESS.
UTILITYfMPANV COMMENTS:
r3 -1T� 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:
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date:
December 5,
2008
Utility
Company:
Lox
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Applicant: Ute Wilson — homeowner. & Sawyer's Outdoor Solutions - contractor
Applicant Phone: 479.283.8861, cell; Sawyer's phone: 479 582.4786
REQUESTED VACATION (applicant must check all that apply):
❑ Utility Easement
o 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, casement, right-of-
way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas}
COMMENCING AT THE SW CORNER OF SAID LOT 431 HENCE_ N 02 DEGREES 31' 52"
E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE
SETBACK LINE N 00 DEGREES 2902" E 24.73 FEET, THENCE S 89 DEGREES 30' 58"
E 5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89
DEGREES 30' 58" W 5.00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET
MORE OR LESS.
UTILITY COMPANY COMMENTS:
r No objections to the vacation(s) described above.
0 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:
lure, Utility Company Representative
rffl/r A.,,e e
Title 'T
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: December 5, 2008
Utility Company: AEP/SWEPCO
Applicant: Ute Wilson — homeowner, & Sawyer's Outdoor Solutions - contractor
Applicant Phone: 479.283.8861, cell: Sawyer's phone: 479.582.4786
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
❑ Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-
way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas}
COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31'
52" E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE
SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE 5 89 DEGREES 30'
58" E 5.00 FEET, THENCE S 00 DEGREES 29' ❑2" W 24.73 FEET, THENCE N 89
DEGREES 30' 5B" W 5.00 FEET TO THE P.O.B.; CONTAINING 1 24 SQUARE FEET
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.)
No objections provided the following conditions are met:
t1AAA. jjQJLr. RIG/IT -or-\,//y AreIV7
Signature, U ility Company Representative Title
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: December 5.2008
Utility Company: City of Fayetteville Solid Waste (sanitation dept.)
Applicant: Ute Wilson — homeowner. & Sawyer's Outdoor Solutions - contractor
Applicant Phone: 479.283.8861, cell: Sawyer's phone: 479.582.4786
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
a Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-
way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas}
COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31 ' 52"
E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE
SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58"
E 5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89
DEGREES 30'58" W 5.00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET
MORE OR LESS.
UTILITY COMPANY COMMENTS:
>t' 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, Utility tQmPaJIY Representative Title
R
12/30/2008 TUE 9:54 FAX 479 684 4730 WATER & SEWER
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: December 5. 2008
Utility Company: City of Fayetteville Water & Sewer Department
Applicant: Ute Wilson — homeowner. & Sawyer's Outdoor Solutions - contractor
Applicant Phone: 479.2838861. cell• Sawyer's phone: 479.582.4786
REQUESTED VACATION (applicant nutst check all that apply):
o 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
1 have been notified of the petition to vacate the following (alley, easement, right-of-
way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas)
Commencing at the SW Comcr of said Lot 43 Thencc N 02 degrees 31' 52" E 33.61 Feet. Thence East
73.73 Feet to.thc P.O.B.. Thence along the setback line N 00 degrees 29' 02" E 24.73 Feet. Thence S
89 degrees 30' 58" E 5.00 Feet. Thence S 00 degrees 29' 02" W 24.73 Feel, Thence N 89 degrees 30'
58" W 5.00 Feet to the P.O.B.: Containing 124 Square Feet More or Less.
UTILITY COMPANY COMMENTS:
.W, No objections to the vacation(s) described above.
❑ No objections to die 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:
Signature. Utility ornpany Representative Title
L41'I'Ji
09/11/2009 09:22 FAX 4794443490 COF TRANSPORTATION DIVIS
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: December 5.2008
Utility Company: O fi j °f :z ci*c vi-rgzjA≤p or+A HCV\
Applicant: Ute Wilson — homeowner. & Sawyer's Outdoor Solutions - contractor
Applicant Phone: 479.283.8861, cell: Sawyer's phone: 479 582 4786
REQUESTED VACATION (applicant must check all that apply):
o Utility Easement
o Right-of-way for alley or streets and all utility easements located within the
vacated right-of-way.
o Alley
a Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-
way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas}
COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 3 52"
E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE
SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE SUS DEGREES 30' 58"
E 5.00 FEET, THENCE S 00 DEGREES 29 02" W 24.73 FEET. THENCE N 69
DEGREES 30' 56" W 5.00 FEET TO THE P.O.B.: CONTAINING 124 SQUARE FEET
MORE OR LESS.
UTILIJWCOMPANV COMMENTS:
Or No objections to the vacation(s) described above.
Q 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
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NORTHWEST ARKANSAS
NEWSPAPERS -m
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 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 5284
November 25, 2009
Publication C arge : $ 86.08
Signed:
Subscribed and sworn to before me
This / day of Out& , 2009.
Notary Public P/a..tcJX tt.(jo,,,,,,,
My Commission Expires: 7V7c&y is .to 1a
Do not pay from Affidavit, an invoice will be sent
SET HA
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U1:'7J r%� ry A
WIUJMAMCE NO. 52641
AN ORDINANCE APPROVING VAC 09-3444 SUB- 1, e. e\7 1e
MITTED BY SAWYER'S OUTDOOR SOLUTIONS FOR
PROPERTY LOCATED AT 2021 BALL AVENUE TO
VACATE A PORTION OF A UTILITY EASEMENT
CONTAINING APPROXIMATELY 124 SQUARE FEET ARKANSAS
WHEREAS, the City Council has the authority under A.C.A. § 14.54.104 to vacate public
grounds a portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the described 124 square -toot portion
of the platted 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 Ceuhcil of the City of Fayetteville, Arkansas hereby vacates and
abandons the portion of utility easement 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 shall be filed in me office of the Recorder of the County and
recorded in the Deed Records of the County
Section 3: This vacation approval is sublecl to the owners agreement that any necessary
relocation of existing utilities caused by this vacation will be at the expense of the owner.
PASSED and APPROVED this 17th day of November, 2009
APPROVED: ATTEST
By: By:
LIONELD JORDAN, Mayor SONDE
EXHIBIT'S'
VAC 09-3444
THE AREA UTE WILSON & SAWYERS OUTDOOR SOLUTIONS ARE REQUESTING AN
EASEMENT VACATION FOR THE PURPOSE OF ADDING A SUNROOM TO THE EXISTING
HOME,
COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 3152-E
33,61 FEET, THENCE EAST 73.73 FEET TO THE ROB., THENCE ALONG THE SETBACK
LINE N 00 DEGREES 2902" E 24.73 FEET, THENCE 389 DEGREES 30SB' E 5.00 FEET,
THENCE 500 DEGREES 2902" W 24.73 FEET, THENCE N 89 DEGREES 3058" W 5.00
FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET MORE OR LESS.