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HomeMy WebLinkAboutOrdinance 5345 Doc ID: 013835280003 Type. REL Kind: ORDINANCE Recorded: 09/09/2010 at 12:30:16 PM Fee Amt: $25.00 Pao: 1 of 3 Hashinoton Countv. AR Bette Stamps Circuit Clerk File2010-00026155 ORDINANCE NO. 5345 AN ORDINANCE APPROVING VAC 10-3617 SUBMITTED BY BLEW AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 3968 EDGEWATER TO VACATE A UTILITY EASEMENT, A TOTAL OF 1,008 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the 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 following 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: That this vacation approval is subject to the Condition of Approval as follows, and shall not be in effect until such condition is met: 1.. Any necessary relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. PASSED and APPROVED this 17th day of August, 2010. 6X*\1 y ° FAYETTEVILLE w APPROVED: ATTEST: CbJ� IV By' a L LD JO ayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT -`€° m �p will du ff 'R .. �aQ a w w io:z gb° bw a ,°ecGo . 8_9 €tea§w $ s 9 "0 ? sa`�=i'sLL8€'"�° s 9 e €o 40:'• s•' =�oS; e " ., r oRy3°F LL„3a:k'9 S o ?ys =F foy "aa as_ w 3 j _ q •n, F� :i36y `P <>w ws wo=wbowr�o Y"'"�� boa .Sad`"�� ¢ :02,' ag38 ` pj Wa g° H s u b•'•........,.'S�, �j:s$ ln..p.aa�= Ys3 �z� ?€ ;a. PROFES,. ¢e yvi - 85 HM 'UH 'UH f�3� o 0 o ao2m.�a 7z LL3 Eww o .Iwo �.3 o€ 8„ 'gi $ky c3 �\ ngg � 1 \ So w � " was �k �Y3 g aP iM Cl MO •� \^ �'�'� e x � .. Soo©ioo�z®me[oo �I�� k: CI 6- Rqj d €�� ahtl'1111�i g.y iC III n�'¢ € —JL— , $$ 9 Po s 8 .goy s O %m zp again pno> Nz o e N 4 EXHIBIT °B" VAC 10-3617 SURVEY DESCRIPTION: (PARCEL#765-22983-000) LOT 13, CLABBER CREEK SUBDIVISION, PHASE I, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD "23" AT PAGE 69. UTILITY EASEMENT VACATION DESCRIPTION• A PART OF LOT 13, CLABBER CREEK SUBDIVISION, PHASE I, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD "23" AT PAGE 69, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S24045'20"E 8.73'AND S65023'42"W 27.65' FROM THE NORTHWEST CORNER OF SAID LOT 13, AND RUNNING THENCE S24°36'18"E 11.27', S65023'42"W 89.43', N24036'18"W 11.27' AND N65023'42"E 89.43' TO THE POINT OF BEGINNING. Washington County,AR I certify this instrument was filed on 09/09/2010 12:30:16 PM and recorded in Real Estate File Number 2010-00026155 Bette Stamps- Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/17/2010 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 10-3617 (Timmermans, 283): Submitted by Blew and Associates, Inc. for property located at 3968 Edgewater. The property is zoned RSF-4, Residential Single Family, 4 units per acre. The request is to vacate a portion of a utility easement. 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 —l( " 4lq�• P-1b.1bla Previous Ordinance or Resolution# Departmneentt biirector Date Original Contract Date. Original Contract Number: City Attorney ^q LL, � Date `PaA a . CY--I-21110 Finance and Internal Services Director Date Received in City Clerk's Office 07-30- 10P03 :33 Chief o Sta Date FyT�Fp � Received in Mayor's Office Ma or ate Comments: Revised January 15, 2009 F e evi le THE CITY OF FAYETTEVILLE,ARKANSAS Y DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Dara Sanders, Current Planner Date: July 29, 2010 Subject: VAC 10-3617 Timmerman RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance vacating a portion of a utility easement on the subject property(VAC 10-3617). BACKGROUND The subject property is located at 3968 Edgewater Drive. There is an existing home on the property, constructed in 2005. The surrounding land use and zoning consists of single family and rural residential uses within the RSF-4 zoning district to the north, south, and west, and unincorporated Washington County to the east. The applicant's request is to vacate a portion (1,008 square feet) of a utility easement to allow for a pool and deck to be constructed on the property. DISCUSSION On July 26, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 7-0-1 (Commissioner Hoskins recused). BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 10-3617 SUBMITTED BY BLEW AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 3968 EDGEWATER TO VACATE A UTILITY EASEMENT, A TOTAL OF 1,008 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the 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 following 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: That this vacation approval is subject to the Condition of Approval as follows, and shall not be in effect until such condition is met: 1. Any necessary relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. PASSED and APPROVED this 17th day of August, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer uD1E5 B4tR Or M. 8.73' .% 2�;:rni2" voN UE"wrs.M�EOmin:"W�o°un"mB,F"5'a'�.�W`�D":,ED " �J%�°'� � rcCx p,W[ft/IrtNAkOP l;:r rlS]I.,., �\'J ~2 � +`\ ns� wT CMLE FfaFNSMVV FMM yuNwx'on��w�m[•�iT.r PicFw xB.w :�I ♦\ lo- �SfIUSERCPEf i�Mv:.MnW'Et[.xrr[„uE. �4 �. 8 CWVM1.MxrNS '�`E1E Ea b fnrel�Z r'8{ i�-v M—f u�aE ea.va,rm'Fe�n+�..T'viDvne k>.:EE9q rOrv�E Wvru aztwrE On+t \ xwSE .� °[0. M{1W"WY�M KAFBvre[P¢NES].TAP,rvuT ^ tEXi D DFWL.T���gwwepyvs, v ` ."BuunusEawMw a� �ptau°Wc w�.c'E"r'w.T.++[OEs �, ��v� MCLLWNxnfiMBlD[tEv.VlxCC4cMY,12dvV/. ` y \\ Ayur"' MMCm5E4'4wTOBVMWrva \T nro v).•'- \\ ��qS xEMMMMWWrt�M W40.� �` �BJF' .cur rONWn4Mr�fa[["iarrw n ,+ yA � wrt avmEn y \ SJ: ."D*iwva rrtW n.rwct roc avvrrviEESEmGivsrEu Sloc OF'.. � /,� u� avr«E . ~ ae w.euN4Coc.L sOwacv..,c O STANDARD LEGEND wmrt.rc. .�• N� rZ • � �w Wm (V�� (j ne��WV ; P + ]P IP PP C ' II BwE _ T ¢•�• ®� suv8 P�35WOCNBTEp xFina E vu��� �"�a pv W.SVCMC.E6r.5MFv 4 SIEVEN6MICMElLE O v f.,BnNftAM�rT iIMMFIIMNLS � _ MN VSEw. ' rlww [" x�eq] tl1.NNBVEES �. .vrni Q'vmae VFE0.GEErmK[, WNROMMD EXHIBIT "B" VAC 10-3617 SURVEY DESCRIPTION: (PARCEL 9765-22983-000) LOT 13, CLABBER CREEK SUBDIVISION, PHASE 1, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD "23" AT PAGE 69. UTILITY EASEMENT VACATION DESCRIPTION: A PART OF LOT 13, CLABBER CREEK SUBDIVISION, PHASE I, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD "23" AT PAGE 69, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S24045'20"E 8.73' AND S65023'42"W 27.65' FROM THE NORTHWEST CORNER OF SAID LOT 13, AND RUNNING THENCE S24°36'18"E 11.27', S65023'42"W 89.43',N24036'I8"W 11.27 AND N65°23'42"E 89.43' TO THE POINT OF BEGINNING. z Taye le PC Meeting of July 26, 2010 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: Data Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Updated July 29, 2010 VAC 10-3617: Vacation (TIMMERMANS/3968 W. EDGEWATER, 283): Submitted by BLEW & ASSOCIATES, INC. for property located at 3968 EDGEWATER. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.23 acres. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description: The subject property is located at 3968 Edgewater Drive. There is an existing home on the property, constructed in 2005. The surrounding land use and zoning consists of single family and rural residential uses within the RSF-4 zoning district to the north, south, and west, and unincorporated Washington County to the east. Request: The applicant's request is to vacate a portion (1,008 square feet) of a utility easement to allow for a pool and deck to be constructed on the property. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections G:\ETC\Development Services Review\2010\Development Review\I0-3540 VAC 2292 N.Covington Park\3-Planning Commission 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 existing utilities and provide for new utilities, staff recommends forwarding VAC 10- 3617 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 prior to recordation of the easement vacation. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled Date: July 26, 2010 Motion: Cabe Second: Earnest Vote: 7-0-1 (Commissioner Hoskins recused) Note: GAEMDevelopment Services Review\2010\Development Review\10-3540 VAC 2292 N.Covington Park\3-Planning Commission Blew � �7 Associates, P. A . Professional Land Surveyors 524 W. Sycamore Street Suite 4, Fayetteville,AR 72703 PH: 479-443-4506 * FAX: 479-582-1883 httl2://www.blewinc.com RE: Timmerman Easement Vacation June 3, 2010 To Whom It May Concern: Our client's Steve & Michelle Timmermans are requesting to vacate a portion of the utility easement that crosses their backyard for the purpose of building a pool. If you have any question or concerns regarding this request please feel free to contact me. Sincerely, Buckley Blew RE lED 06/16/2010 14:40 4795821883 BLEW & ASSOCIATES 2010.06-16 14:30 >> 4795821883 P 1/2 TJTJ N PETITION TO VACATE AN EASEMENT LOCATED IN LOT 13, CLABBER CREEK SUBDIVISION, PEASE I, CITY OF FAYETTEVILLE, ARKANSAS TO; THE FAYETTEVILLE CITY PLANNING COMMISSION AND THE FAYETTEVILLE CTCY COUNCIL WE, THE UNDERSIGNED, BEING ALL THE OWNERS OF THE REAL ESTATE ABUTTING THE EASEMENT HEREINAFTER SOUGHT TO BE ABANDONED AND VACATED, LYING IN LOT 13, CLABBER CREEK SUBDIVISION, PHASE 1, CITY OF FAYETTEVILLE, ARKANSAS, A MUNICIPAL CORPORATION, PETITION TO VACATE AN EASEMENT WHICH IS DESCRIBED AS FOLLOWS: A PART OF LOT 13, CLABBER CREEK SUBDIVISION, PHASE I, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD -23- AT PAGE 69, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT; BEGINNING AT A POINT WHICH IS S2445'20'E 8.73' AND 86523'42"W 27 .65' FROM THE NORTHWEST CORNER OF SAID LOT 13, AND RUNNING THENCE 82436'18 '611.27', $65'23'42W 89.43', N2436'18W 11.27' AND N6523'42'E 89.4310 THE PO TNT OF BEGINNING, THAT THE ABUTTING REAL ESTATE AFFECTED BY SAID ABANDONMENT OF TEE ALLEY ARE LOT 13, CLABBER CREEK SUBDIVISION, PHASE 1, CITY OF FAYETTEVILLE USED BY THE PUBLIC FOR A PERIOD OF MANY YEARS, AND THAT THE PUBLIC INTEREST AND WELFARE WOULD NOT BE ADVERSELY AFFECTED By THE ABANDONMENT OF THE PORTION OF THE ABOVE DESCRIBED EASEMENT, THE PETITIONERS PRAY THAT THE CITY OF FAYETTEVILLE, ARKANSAS, ABANDON AND VACATE THE ABOVE DESCRIBED RF.Al. 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 FAYETTEV,ILLE, ARKANSAS, ABANDON AND VACATE THE ABOVE DESCRIBED REAL ESTATE, SUBJECT TO SAID UTILITY AND SEWER EASEMENTS, AND THAT TITLE OF SAID REAL ESTATE SOUGHT TORE ABANDONED BE VESTED IN TOE ABUTTING PROPERTY OWNERS AS PROVIDED BY LAW, AND AS TO THAT PARTICULAR LAND THE OWNERS BE FREE FROM TEE EASEMENTS OF THE PUBLIC FOR THE USE OF SAID EASEMENT, DATED THIS th DAY OF JUNE , 2010. R IVED 06/16/2010 14:40 4795821883 BLEW & ASSOCIATES 2010-06-16 14:30 >> 4795821883 P 2/2 COTOL0100 01050010101' TAT 0010 IS 00 0 05000 5 ., CIS PR —,5E I 0100 03-000060 LOT Ti CIOOT00000005605 000505000 551501. AOAFFSTATAE 0101000'L COUNTS 000 lOAN A0000100400 000050'ACTAOO AS A 5050 00 LOT 03. 00000500505000TSION 000SOIAATNTAOSILLN SAIS050NCOUOINY 00105000100001W OK PLA0C73OrC-N 501000 0101103' 10554'0OYA'0053ROAO SC'SS•'ISS.AS'FAOO SAC 503051050 0003' 005100500515 OS 0000050050 VICINITY STANDARD LEGEND 5001105 R05 501001 0001500 CONCRETE Cr000030000 OF 00 00 TIRS0000MSI000 000 AT 000500050 000000SLIST 0005503550.0605003000 CAR'S O10 ,w 000500 00 0003105 EASFIAFOITAI 5500 0 500505100E°�.ITIEBOPi0Eu,YaDATE 000000300000050SSATIAO 000 0100000000 000500500 ST s 03000053.0000000500000510000 000LIC 0501100501351 ALL SWEATS 0000050105003 SMOAOIONWIS 0101500 000130 TME ar OF FA.er* ue.�o 001500°w EBx SLi5005 w00405 00 cw0un Paws.. 0�..ISS`0000`,I CITYOr ATIIIS„E"ELEISE ENT0 I SOW Ax l.IS00 5001500 w000SEO0 T1EPEPu0OE SOIE STRE. ALTO E50AELLL00x0 300 IS 00000000 E PIUrt ""I 003500000100105 25 510500500000050000000055400ITT.IISIIIII'S FFSE000000i-o n•E piOMi0 PEu00EMipwipEESTTtiwx 0050 000004050S. 0500 5010105 5100 0000100 00005550L0150555005005005000500010 S0000010 10000001. 0 .B' AB' '515' 200000 BLEW & ASSOCIATES BLEW&ASS CIATE SOS 00114050v1500IRe5O' 'A I00 EMLug555T 51100 51050001 MICHELLE PT, 505005045450500051500 551-1T03 500 TIMMERMANs. 5440 50450405 TOT .005110x, 050 [OAKS ISIS 1001 35505500 05 500 OAT0. 50000605 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: i.l;; - �i-� H �.... UTILITY COMPANY: 'Dc id CC('i(d. APPLICANT NAME: STEVEN & MICHELLE TIMMERMANS 479-466-8844 _. APPLICANT PHONE: 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: General location / Address (referring to attached document- must be completed**) **3968 W. EDGEWATER DRIVE, FAYETTEVILLE, AR i (ATTACH legal description and graphic representation of what Is being vacated -SURVEY) //// UTILITY COMPANY COMMENTS: 7 • 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 C'ompaty Representative ti/ Title July 2009 Page 5 UTILITY APPROVAL, FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6 UTILITYCOMPANY: C(Tt'1 of Fr1 yCTT-rM I-fAAJ5po` 1 l ld't"l bt J APPLICANT NAME: STEVEN & MICHELLE TIMMERMANS 479-466-8844 APPLICANT PHONE: REQUESTED VACATION (applicant must check gR that apply): LJ 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: General location / Address (referring to attached document- must be completed**) **3968 W. EDGEWATER DRIVE, FAYETTEVILLE, AR (ATTACH legal description and graphic representation of what is being vacated -NUR VEY) 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 o t Company Representative A July 2009 Pages UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: ,3uN( Lt+, 20;0 UTILITYCOMPANY: C,TY of FA le7i'FV/(,t C WA7tr'R * 5'WER APPLICANT NAME: STEVEN & MICHELLE TIMMERMANS APPLICANT PHONE: 479.166-8844 REQUESTED VACATION (applicant must check aft 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: General location / Address (referring to attached document- must be completed') w,n3968 W. EDGE WATER DRIVE, FAYETTEVILLE, AR (A77ACAlegal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Utility Company Representative OPFR(17totJ MAA1A1 R Title July2009 Page 5 Rf -VED 06/11/2010 15:12 4795621863 BLEW & ASSOCIATES JUN/11/2010/FR1 03:04 PM FAX No, P.002 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6Ill /ZD/D UTILITY COMPANY:ArXa„ 5a4 tJ&≤ CA/ Its LL. II,, �II APPLICANT NAME: I/MMI icll a e / SQL o ^ £kw/As oc.APPLICANT PHONE; M/'' - -ysDA REQUESTED VACATION (applicant must check all that apply): s 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: General location / Address (referring to attached document- must be completed) _• LA i- 0 /3 L'/a66o- £c sb. t7ir (ATTACK legal description and graphic representation of what is being vaeatetSURVEI9 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: / �% FYNy /'C/OCo f'0n D/' c74rl1 A.9 h ou/- f -dc. '/h_,2/ At Q71 f i to dc�2ncrS erocnSa . Signature turof tlity Company // Representative LonsfrucAo✓ov 1'no.iar• Title July 2009 Page $ UTILITY APPROVAL FOR Ni FOR RTGHI - OF- WAY, AELEI', AND UTIl:1TY EASEPi ENIVACATIONS UAl-li: 6/11/10 U I li I IV COMPANY: COX COMMUNICATIONS API']. KANT NAME: STEVEN & MICHELLE TIMMERMANS AI'PI.ICAN'I PHONE: R Q.1!Si t7 VACATION (appliemt must check all f//at app/c): i=tiliK Lasement Right-of-way lbr alley or streets and all utility easements located within the vacated How of- tea. AIIe - Street right-of-wa)• I h;;t c been notified o1 the petition to vacate the li?Ilosine (altar ea.rement ri;l+l-o/-;rer)';. described to lotlows: General l location) Address (referring to attached document- must be c;:xnpletcd"`) (-ITTi3 ('Ii /eye/ lleserlp(inrt wnigraphic representation of what is being vacated-SURVI.?)) t! ill.l 11' (. O;\il'ANl1' C) VVIFNI S: Ni, obivrtions to the vacation(s) described above. • No objections to the vacst(ion(s) described above, provided following described easements are retained (Suite the ];nation, dimensions, and pm -pose below.) ,d O/Gi/t 3 OR RELOCATION OF EXISTING UTILITIES WILL BF AT Tap: PROPERTY OWNERS EXPENSE. • No ohteetions provided the ti?Ilorving conditions are net: Sixpizifl c of t'1ility Company Representative .IMP ,U,_NEER Title All 2009 !' jg 3 Page 1 of 1 Michael Sebo From: jhsargent@aep.com Sent: Monday, June 07, 2010 11:37 AM To: Michael Sebo Subject: Re: Utility Easement Vacation Request Follow Up Flag: Follow up Flag Status: Red Michael, this is in Ozarks Electric service territory and SWEPCO does not have any comments on the vacation. Thanks, Jim Sargent, P. E. jhsargent@aep.com (479) 973 - 2334 8 - 709 - 2334 "Michael Sebo" <sebo@blewinc.com> To <sc9783@att.com>, <jason.combs@cox.com>, <jhsargent@aep.com>, <james_boyd@swn.com>, <gmcgee@ozarksecc.com> 06/04/2010 11:53 AM cc <buckley@blewinc. com> Subject Utility Easement Vacation Request Good Friday to everyone, I am sending this email with an attached survey, our client wishes to vacate the utility easement at the rear of their lot, we have provided all dimensions and current locations of underground facilities. If you see any problem with the requested area please let me know so that we can find a resolution. Many thanks in advance for your help with this and I hope you have a great weekend! Michael Sebo Project Manager Blew & Associates, P.A. Civil Engineering & Land Surveying 479.443.4506 (office) 479.582.1883 (fax) [attachment "10-087 TIMMERMANS EASEMENT VAC.pdf" deleted by James H Sargent/AEPIN] 6/17/2010 REC ED 06/16/2010 12:25 4795821883 BLEW & ASSOCIATES FROM (WED) 6.16'10 11:32/8,. 11:31/NO. 4864252659 P 7 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: /r l o o'-OI D UTILITY COMPANY: ,%1't7 SW {� _ APPLICANT NAME: STEVEN & MICHELLE TIMMERMANS APPLICANT PHONE: 479-466-8844 REQUESTED VACATION (applicant must check aj 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-woy)l described as follows: General location / Address (referring to attached document- must be completed') ••3968 W. EDGEWATER DRIVE, FAYETTEVILLE, AR c _ (ATTACH legal description and graphic eepresenration of what is being va4ared-SUR VE}9 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 following1T conditions itiare met: 'tLI t{r/ LUSTONfJ A. M't-- Ak "4 'j0. e..ltiKS 44 4.4s. -t 4N -Pc. fC4Jc5441 VkLAfiM `lL i r44.<i 'f0 tt LIClr td i4ATs%'s.. sr a+ rop.r-,� 9.u> psnt 4n'<. vgt*r.aei 1s ;4tdw4As co4M4t( Signature Uti'ry Company Representalive 5AGINI &-- 05i } la*Ak`1 f'bn;a& Title Jedy2009 Page 5 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: OZ t?t` Lc &/ecrnb- IAO APPLICANT NAME: 170141 K.YZK�I q'A%S APPLICANT PHONE: /7 ^ �� REQUESTED VACATION (applicant must check all that apply): Utility Easement ig t -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, rig) :t -of -way), described as follows: General location / Address (referring to attached document- must be completed•') rr (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: z2 �Signature of Utility C y Representative ..Sys7EA, _C'nv/�ir(7 TecJy Title July 2009 Page 5 VAC10-3617 TIMMERMANS One Mile View I Y YY WEIR RD RSF I aSFa F 4:'tt' MF4 i MuI 4 GYPSUM '' mam°oqa it`s 'PY'YD S'e'RRSF� R RSP. 41`OR IL' p. RS RSF5 SF a GROU SE RD I qq RSF fr.2MhaI' VANIKE DR RSF R■F x� e-/ x6 i I r, I''. MA191{ST is t--!i esRUCS ,•..• / D D s. i �PMEas abF' }� , .. ■ i; o RSFOGA SUBJECT PROPERTY I 2 a SPRING HOUSE tom- v as SONG BIRD P E$ ?: ° u '�^ .. Re& EARNHAREA R RSF e t RBfi A. R RSF-1 RSF-1 )I "� i•" yt•. ...1px(�Y�O` �WOODDR/ MOb RENDR=jF .................uma.. RSF4 '�Ytl+^--^.DL�RBF� RSF 1MOR$%N -ASR- RSF. RSFg `�'3 a �S � Rsw1. c"�s� ems'" Harr I' I F RSF.1 RSF{ `. wA ( 'DRAKESTONE OUAI DR STu`J ji DO OR >L K R s • _ l�F . ir —" RSF1 i4A _I._._&AWT8U1t8T MEADO f4 AMERICA,y Refr �F W RL (jp' _... RSF�F°R RSF.1 Pbfil•f U I aaF+ SAUTER W 0.I RaR. 10 asF., $ - K N I��' RSF Q RSFI RP1D5 :roelrtitwlti..e. rw11•• ••• • Y4 1 AAF11 W ��.III S D 4 ■ / L1 !I F : fleF (i RSF-1 1 •FAIRFAX W I\� DOVER ST RN 1S'/F�y RSF Ri 1 .Y --< 111 RSF LUj R RPZD L_ RSF-IRbp. -' PONcasr ry(%�. RSF f�a flaF 1 .= R9FF gaR3FH -}1 Raf.t U• R�I ■FA ( RBF-t U Y Overview Legend VAC 10-3617 Subject Property I . ®VAC10-3617 ! Desi n Overlay District a� ' Boundary _ _ _; Planing Area bra Fay tteville 0 0.25 0.5 1 Ms RECEIVED NORTHWEST ARKANSAS NEWSPAPERS 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 SEP 1 0 2010 CITY OF FAYETTEVILLE CITY CLERKS OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5345 September 2, 2010 PublicationCharge : $ 64.85 n( Signed: & 41t -- Subscribed and sworn to before me This 9 day of , 2010. Notary Public My Commission Expires: Do not pay from Affidavit, an invoice will be sent =Putlic ars County ber 12374647 Notary Arkansas es Jan. 20, 2020