HomeMy WebLinkAboutOrdinance 5394 IIIIIIUIIIIIIIIIIIIIIIIIIIIIIII IluIUIII IIIIIIIIIIINIIIIIIIIIIIIIIIIIIIilllll
Kind: ORDINANCE
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Washlnctan County. AR
Bette Stamos Circuit Clerk
File011.60611636
ORDINANCE NO. 5394
AN ORDINANCE APPROVING VAC 11-3764 SUBMITTED BY
MCCLELLAND CONSULTING ENGINEERS, INC. FOR PROPERTY
LOCATED AT 152 EAST APPLEBY ROAD TO VACATE A PORTION OF A
UTILITY EASEMENT, A TOTAL OF 436 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 following Condition of Approval
and shall not be in effect until this condition is met:
"Any relocation of existing utilities shall be at the owner/developer's expense."
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PASSED and APPROVED this 5m •'`� •day of April, 2011. \; GSYF °•
_U°
,FAYETTEVILLE°
APPROVED: ATTEST:
By: �'�X_. By: OI��vG*� Com. . Ory
1,16NELD JO ,Mayor SONDkA E. SMITH, City Clerk/Treasurer
Aol NFA 7
ANMANER 8 ZONE: R-A N
jZME EXHIBIT "A"
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EXHIBIT "B"
VAC 11-3764
METES AND BOUNDS DESCRIPTION OF
A PORTION OF THE 60 FOOT WIDE UTILITY EASEMENT TO BE VACATED
A PORTION OF A 60 FOOT WIDE UTILITY EASEMENT, SAID EASEMENT CROSSING
LOT 2 AND THE NORTH 30 FEET OF LOT 3, BLOCK 3, OF THE FINAL PLAT OF
REGENCY NORTH, PHASE 2, A SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, PER THE PLAT ON FILE IN PLAT BOOK 8, PAGE 96 IN THE OFFICE OF
THE CIRCUIT CLERK AND RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND SAID PORTION OF A UTILITY EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH IS SOUTH 89 DEGREES 40 MINUTES 42
SECONDS EAST 24.92 FEET FROM THE SOUTHWEST CORNER OF LOT 6, BLOCK 2,
OF THE FINAL PLAT OF REGENCY NORTH, PHASE 2; THENCE NORTH 39 DEGREES
14 MINUTES 06 SECONDS WEST A DISTANCE OF 227.48 FEET TO A POINT;
THENCE NORTH 35 DEGREES 22 MINUTES 40 SECONDS WEST A DISTANCE OF
134.09 FEET TO A POINT; THENCE NORTH 28 DEGREES 37 MINUTES 58 SECONDS
WEST A DISTANCE OF 136.92 FEET TO A POINT; THENCE NORTH 22 DEGREES 34
MINUTES 39 SECONDS WEST A DISTANCE OF 259.13 FEET TO A POINT ON
THE SOUTH LINE OF THE NORTH 30 FEET OF SAID LOT 3, BLOCK 3
THENCE ALONG SAID SOUTH LINE NORTH 89 DEGREES 47 MINUTES 15 SECONDS
WEST A DISTANCE OF 34.71 FEET TO THE POINT OF BEGINNING OF THE
EASEMENT TO BE VACATED (P.O.B OF EASEMENT TO BE VACATED);
THENCE CONTINUE NORTH 89 DEGREES 47 MINUTES 15 SECONDS WEST A
DISTANCE OF 3.25 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE NORTH
22 DEGREES 34 MINUTES 39 SECONDS WEST A DISTANCE OF 173.49 FEET
TO A POINT ON THE NORTH LINE OF SAID LOT 2, BLOCK 3; THENCE ALONG SAID
NORTH LINE SOUTH 89 DEGREES 52 MINUTES 06 SECONDS EAST A DISTANCE
OF 3.25 FEET TO A POINT; THENCE LEAVING SAID NORTH LINE SOUTH 22
DEGREES 34 MINUTES 39 SECONDS EAST A DISTANCE OF 173.49 FEET TO THE
POINT OF BEGINNING OF THE EASEMENT TO BE VACATED (P.O.B OF EASEMENT
TO BE VACATED), CONTAINING 0.01 ACRES, AS SURVEYED.
aahmgton'Count
Wy,AR
0428 2 1'1 instrument
PM s filed on
and recorded in Real Estate
File Number 2011-00011636
Bette Stampss--Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/5/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
VAC 11-3764: (Ozark Dermatology, 251): Submitted by Johnny Quinn for property located at 152 East Appleby Road.
The property is zoned R-O, Residential Office. 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
�wv4yhc - Previous Ordinance or Resolution#
Department Dir for Date
Original Contract Date:
Original Contract Number:
torney n Date
Finance and Internal Services Director Date Received in City L3-1 -1-1 1 PO> 26 R CV D
Clerk's Office40"
3-K-11
Chief fSt Date
Received in p3iRdi
Mayor's Office
Ma or D
Comments:
Revised January 15,2009
aye Lde THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council p
Thru: Jeremy Pate, Development Services Director O`
From: Andrew Garner, Senior Planner
Date: March 16, 2011
Subject: VAC 11-3764 (Ozark Dermatology Utility Easement Vacation)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating an alley on the subject property containing
approximately 436 square feet.
BACKGROUND
The subject property is located at 152 East Appleby Road and contains a medical office and parking lot. There
is a 60-foot utility easement that traverses diagonally across the site. It appears that this easement was originally
designated as a general utility easement, but that the original purpose was to preserve the right of clear passage
of two separate high pressure gas pipelines across the site. There do not appear to be any other utilities in the
easement besides two gas pipelines that are located in the center of the easement, as shown on the submitted
survey. The applicant's request is to vacate 3-foot strip of the 60-foot wide easement (436 square feet) as
indicated on the submitted survey and legal description.
DISCUSSION
The applicant has submitted the required notification forms to the utility companies and to the City water,
sewer, engineering, solid waste, and transportation divisions with no objections to the vacation of the easement.
On March 14, 2011 the Planning Commission unanimously forwarded this request to the City Council with a
recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 11-3764 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS, INC. FOR
PROPERTY LOCATED AT 152 EAST APPLEBY ROAD TO
VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL
OF 436 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
neap 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 following Condition of Approval
and shall not be in effect until this condition is met:
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "13"
VAC 11-3764
METES AND BOUNDS DESCRIPTION OF
A PORTION OF THE 60 FOOT WIDE UTILITY EASEMENT TO BE VACATED
A PORTION OF A 60 FOOT WIDE UTILITY EASEMENT, SAID EASEMENT CROSSING
LOT 2 AND THE NORTH 30 FEET OF LOT 3, BLOCK 3, OF THE FINAL PLAT OF
REGENCY NORTH, PHASE 2, A SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, PER THE PLAT ON FILE IN PLAT BOOK 8, PAGE 96 IN THE OFFICE OF
THE CIRCUIT CLERK AND RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND SAID PORTION OF A UTILITY EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH IS SOUTH 89 DEGREES 40 MINUTES 42
SECONDS EAST 24.92 FEET FROM THE SOUTHWEST CORNER OF LOT 6, BLOCK 2,
OF THE FINAL PLAT OF REGENCY NORTH, PHASE 2; THENCE NORTH 39 DEGREES
14 MINUTES 06 SECONDS WEST A DISTANCE OF 227.48 FEET TO A POINT;
THENCE NORTH 35 DEGREES 22 MINUTES 40 SECONDS WEST A DISTANCE OF
134.09 FEET TO A POINT; THENCE NORTFI 28 DEGREES 37 MINUTES 58 SECONDS
WEST A DISTANCE OF 136.92 FEET TO A POINT; THENCE NORTH 22 DEGREES 34
MINUTES 39 SECONDS WEST A DISTANCE OF 259.13 FEET TO A POINT ON
THE SOUTH LINE OF THE NORTH 30 FEET OF SAID LOT 3, BLOCK 3
THENCE ALONG SAID SOUTH LINE NORTH 89 DEGREES 47 MINUTES 15 SECONDS
WEST A DISTANCE OF 34.71 FEET TO THE POINT OF BEGINNING OF THE
EASEMENT TO BE VACATED (P.O.B OF EASEMENT TO BE VACATED);
THENCE CONTINUE NORTH 89 DEGREES 47 MINUTES 15 SECONDS WEST A
DISTANCE OF 3.25 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE NORTH
22 DEGREES 34 MINUTES 39 SECONDS WEST A DISTANCE OF 173.49 FEET
TO A POINT ON THE NORTH LINE OF SAID LOT 2, BLOCK 3; THENCE ALONG SAID
NORTH LINE SOUTH 89 DEGREES 52 MINUTES 06 SECONDS EAST A DISTANCE
OF 3.25 FEET TO A POINT; THENCE LEAVING SAID NORTH LINE SOUTH 22
DEGREES 34 MINUTES 39 SECONDS EAST A DISTANCE OF 173.49 FEET TO THE
POINT OF BEGINNING OF THE EASEMENT TO BE VACATED (P.O.B OF EASEMENT
TO BE VACATED), CONTAINING 0.01 ACRES, AS SURVEYED.
ale evi�le PC Meeting of March 14, 2011
Y ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: Updated March 16, 2011
VAC 11-3764: Vacation (152 E. APPLEBY RD./OZARK DERMATOLOGY, 251):
Submitted by JOHNNY QUINN for property located at 152 EAST APPLEBY ROAD.
The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.51
acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner
Findings:
Property Description: The subject property is located at 152 East Appleby Road and
contains a medical office and parking lot. There is a 60-foot utility easement that
traverses diagonally across the site. It appears that this easement was originally
designated as a general utility easement, but that the original purpose was to preserve the
right of clear passage of two separate high pressure gas pipelines across the site. There do
not appear to be any other utilities in the easement besides two gas pipelines that are
located in the center of the easement, as shown on the submitted survey.
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North and East Single-family RMF-24
South Undeveloped R-O
East Undeveloped RSF-4
West Medical Office R-O
Request: The applicant's request is to vacate 3-foot strip of the 60-foot wide easement
(0.01 acres) as indicated on the submitted survey and legal description.
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
G:\ETC\Developmenl Services Review\201 I\Development Review\I 1-3764 VAC 152 E Appleby Rd(Ozark Dermatology Clinic)\03-
Planning Conmmission\03-14-201 I\Comments&Redlines
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
AT&T/Southwestern Bell 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 access exists for provision of utility service
and vacation of the subject portion of the easement will have no adverse impacts, staff
recommends forwarding VAC 11-3764 to the City Council with a recommendation of
approval with the following condition:
Conditions of Approval:
1. Any relocation of existing utilities shall be at the owner/developer's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: March 14, 2011
Motion: Kennedy
Second: Cabe
Vote: 9-0-0
Note: On consent agenda.
GAEMDevelopmem Services Review\201 I\Development Review\I 1-3764 VAC 152 E Appleby Rd(Ozark Dermatology Clinic)\03-
Planning Conmiission\03-14-2011\Comments&Redlines
McCLELLAND 18 1 ON.College Avenue
P.O.Box 1229
FCONSULTING Foyetteville,AR 72703172702-1229
REENGINEERS INC. 479-443-237•F443-9241
' mmmmm , www.mcclelland-elanA-engrs.com
February 3, 2011
Fayetteville Planning Commission
125 West Mountain Street
c/o Planning/Engineering Office
Fayetteville, AR 72701
And
Fayetteville City Council
c/o City Hall
113 West Mountain Street
Fayetteville, AR 72701
RE: Petition to Vacate a Portion of an Existing Utility Easement
Across 152 E. Appleby Road, Fayetteville
Ladies and Gentlemen:
Please find attached to this letter supporting documentation for our request to vacate a
three feet (3') wide strip of land off the northwestern side of a 60-feet wide existing utility
easement across the property at 152 E. Appleby Road. While the approved Plat of
Subdivision appears to designate this easement as a "general utility" easement, it is our
understanding that the original purpose of the easement was to preserve the right of
clear passage of two separate high pressure gas pipelines across the subject property.
To our knowledge, the existing easement contains only those two gas pipelines; no
other utilities are located within the subject easement. The pipelines are approximately
in the center of the easement.
The intent of this request is to vacate a narrow strip of the easement so that the
building, its footings, and its overhang are completely outside of the limits of the 60-feet
wide easement.
The purpose of this request is to clear up the issue of encroachment of the building
upon the easement so that the current property Owner can meet the Buyer's conditions
of purchase of the property. Then, the Owner can close his negotiations to buy another
piece of property to expand his practice in the City of Fayetteville.
The gas company, as well as other utility owners and adjacent property owners, are
agreeable to this action as verified by the enclosed documentation.
J:\2010\102715-St.Clair Easement Adjustment\Correspondence\Petition to Vacate.docx
Please advise me if there are questions or comments regarding this matter.
On behalf of the Owner,
McClelland Consulting Engineers, Inc.
Copy: Dr. Kevin St. Clair, Owner, Ozark Dermatology
Jordan Jeter, Flake & Kelley Commercial
Enclosures: Easement Vacation Packet, City of Fayetteville, with attachments
JA2010\102715 -St. Clair Easement Adjustment\Correspondence\Petition to Vacate.docx
PETITION TO VACATE*
PETITION TO VACATE AN (easement) LOCATED IN (Lot 2 and 3, Block 3, Regency North, Phase 2 Subdivision) CITY
OF FAYETTEVILLE, ARKANSAS
TO: The Fayetreville City of Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting that portion of the casement hereinafter sought to be
abandoned and vacated, lying in Lot 2 and the North 30 feet of Lot 3, Block 3. of the Final Plat of Regency North, Phase 2, a
subdivision to die City of Fayetteville, Arkansas, per the plat on file in Plat Gook 8, page 96 in the Office of the Circuit Clerk and
Recorder of Washington County, Arkansas, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an
easement which is described as follows:
MG:TFS AND BOUNDS DESCRIPTION OP
A PORTION Or THE 60 FOOT W IDE U'i'ILITY EASEMENT TO BE VACATED
A portion of a 60 foot wide utility easement, said easement crossing Lot 2 and the North 30 feet of Lot 3, Block 3. of the Final
Plat of Regency North, Phase 2, a subdivision to the City of Fayetteville, Arkansas. per the plat on file in Plat Book 8, page 96 in
the Office of the Circuit Clerk and. Recorder of Washington County, Arkansas, and said portion of a utility casement being more
particularly described as follows: Commencing at a point which is South 89 degrees 40 minutes 42 seconds East 24.92 feet from
the Southwest corner of Lot 6, Block 2, of the Final Plat of Regency North. Phase 2;thence North 39 degrees 14 minutes 06
seconds West a distance of 227,48 feet Ica point; thence North 35 degrees 22 minutes 40 seconds West a distance off,34.09 feet
to a point; thence North 28 degrees 37 minutes 58 seconds West a distance of 136.92 feet to a point; thence Nash 22 degrees 34
minutes 39 seconds West a distance of 259.13 feet to a point on the south line of the North 30 feel of said Lot 3, Block 3
thence along said south line North 89 degrees 47 minutes 15 seconds West a distance of 34,71 feet to the POINT OP
BEGINNING OF THE EASEME.NT'TO Bt; VACATED (P.O.B OF EASEMENT TO BE VACATED); thence continue North
89 degrees 47 minutes 15 seconds West a distance ol'3.25 feel to a point; thence leaving said south line North 22 degrees 34
minutes 39 seconds West a distance of 173.49.fbet to a point on file north line of said Lot 2. Block 3;thence along said north line
Sash 89 degrees 52 minutes 06 seconds East a distance of 3.25 feel to a point; thence leaving said north line South 22 degrees 34
minutes 39 seconds Fast a disttutce of 173.49 feet to the POINT OF BEGINNING OF THE EASEMENT TO BE VACATED
(P.O.B OF EASEMENT'TO BE VACATED), containing 0.01 acres, as surveyed. That the abutting real estate affected by said
abandonment of the alley are Lots 2 and 3, Block 3. Regency North, Phase 2 Subdivision. 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 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 us now approved by law.
'file petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the goveming body of the City o1' 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 be to 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 easement.
f
Dated this day of —66, 20 .
Kevin St, Clair.r,
MD
SJJ,
Print Name
Sig"nature
SGI�I
Printed Name
Sienature
]JULITY APPROVAL FORM
FOR RRY14T- OP- AVAY, ALLEY, AND
UTILITY 1RASrNIENT VACATIONS
.DATE: I/28/20lx
UTILITY COMPANY: Cox COMNUNICATIOM
APPLICANT NAME. JOHNNY QUINN (MCE) APPLICANT PHONE: 479-443-2377
REQUESTED VACATION (applicant narst check Lill that appl➢):
Utility Easement
Right-of-way for alley or streets and all utilityeasementslocated 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**)
**OZARK DERMATOLOGY CLINIC , 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703
(A TTACpl legal description and graphic representation of what is being vaeated-.SURVCY)
UTILITY COMPANY COMMENTS:
No objections to the vacador,(s) described above,
No objections to the vacation(s) described above, provided following described easements are rcutined. (State
the location, dimensions, and purpose below.)
No objections In the following conditions are met;
ANY DAMAGE OR RELOCATION OF EXISTING FACILITIES WILL BE AT 'DEYELOPWS COST.
Sign e of Utility Company Iiepresemaiive
FIELD GNGIMIER
.irrlv2L09
Pages
01-12-11;11:47AM;
:479-684-4617 # 2/ 2
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: / -/Z //
UTILITYCOMPANY: _47ikel(S F1eGl4/7e—
JOHNNY QUINN (MCE) 479-443-2377
APPLICANT NAME: APPLICANT PHONE:
REQUESTED VACATION (applicant mast check ag that apply):
X Utility Easement
Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easoment, right -of --way), described as follows:
General location / Address (referring to attached document- must be completed•")
* OZARK DERMATOLOGY CLINIC, 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703
(A7TACAlegal description andgraphic representation of what is being vacatedSVRVE10
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.)
--T'Y. t o__ _-�- .f „i e-rrrrt�ore
-OZ-AZKS H-cL S Na 06Iecf-torl
• No objections provided the following conditions are met:
.�.C4C1 'tea Lq A'In./�; l CC -I_,
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGIIT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: I a5- ao1(
UTILITY COMPANY: NA.ay w S wtge ✓h v'Ts
JOHNNY QUINN (MCE) 479-443-2377
APPLICANT NAME: APPLICANTPHONE:
REQUESTED VACATION (applicant must check all that apply):
x 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**)
**OZARK DERMATOLOGY CLINIC, 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703
(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:
6� 9�'�
Signature of Utility Coin y epresentative
Title
July 2009
Page 5
U HATY APPROVAI, FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACA'PIONS
DATE: j / I "L /
UTILITY COMPANY: / / C.. (/ -! w C�V C()
APPLICANT NAME; JOHNNY QUINN (MCE)
REQUESTED VACATION (applicaat must check all that apply):
APPLICANT PRONE: 479-443-2377
x 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")
„kOZARK DERMATOLOGY CLINIC, 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703
(ATTACIf 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:
Tignk6ife of Utility Company Represent//five
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Title
July 2009
Page S
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Signature ol'Utility Compmy ReIA-cmitative
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1 - 2-r) -
UTILITY COMPANY:
APPLICANT NAME: JOHNNY QUINN (MCE) APPLICANT PHONE:479-443-2377
REQUESTED VACATION (applicant mast 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")
**OZARK DERMATOLOGY CLINIC, 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703
(ATTACH legal description and graphic representation of what is being vacated-SURVE19
UTILITY COMPANY COMMENTS:
• No objections to the vacations) 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
Title
July 2009
Page 5
UTILITY APPROVAL, FORM
FOR RICHT- OF- WAY, ALLOY, AND
UTILITY CASEMENT VACATIONS
DATE:
UTILITY COMPANY: Call r:� (r���F � 1�1LLE.. /1 %t�yn,`_:i('k ill livGj PW
JOHNNY QUINN (MCE) 479-443-2377
APPLICANT NAME: ._ APPLICANT PI10NB:
REQUESTED VACATION (applicant must c1+ecR roll that upplt):
)( 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 (,Xey, eusement, Nghi-n(=wq ), described as follows:
General location / Address (referring to attached document- most be completed"-`*)
,,OZARK DERMATOLOGY CLINIC, 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703
(ATrACFI1'egrd description and graphic representation of'what is hoing vaceied-S UR IVfiI')
UTILITY COMPANY COMMENTS:
6� No objections to the vacation(s) described above.
e No objections to the vacation(s) described above,. provided following described casements are retained. (State
the location, dimensions, and purpose below.)
< No objections provided the following conditions are met:
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Fayetteville Feet
NORTHWEST ARKANSAS
NEWSPAPERS -Lc
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
RECEIVED
MAY 02 2011
CITY OF FAY
ETTEVILLE
CITY CLERK'S 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 #5394
April 21, 2011
Publication Charge : $ 84.30
Signed:
Subscribed and swore to before me
This-1-Tday of P*r= 2011.
Notary Public lft
in, Mears �
Washington County f
Commission Number 12374647
My Commission Expires: Notary Public - Arkansas
May Commission Expires Jan.20, 2020
Do not pay from Affidavit, an invoice will be sent
RECEIVE®
MAY 02 2011
CITY OF FA
yET-�EVILLE
CITY CLERK'S OFFICE