HomeMy WebLinkAboutOrdinance 5401 Iii'iii iiiu«iiiNiiillilti0003li�iiiiiiiiiiiiiiiiiiiiiiiii
Doc ID 034009980009 Type. REL
Klnd: ORDINANCE
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Washinoton County. AR
Bette StamasClret0012839
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ORDINANCE NO. 5401
AN ORDINANCE APPROVING VAC 11-3792 SUBMITTED BY H2
ENGINEERING FOR PROPERTY LOCATED ON THE NORTH SIDE OF
DOUGLAS STREET BETWEEN OAKLAND AND STORER AVENUES TO
VACATE A 15-FOOT WIDE ALLEY RIGHT-OF-WAY.
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 platted alley
right-of-way 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 alley right-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 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 19`h day of April, 2011. �•``o����T R�SG�,,
�e G\AY Oc. p
e
APPROVED: ATTEST: _ :FAYETTEVILLE;
9sy RKANSPpJ���
.i��,/VG 101�1e,Gaa��e
B By: ��Maf/u`/ Max)
O LD JORD N, yor SONDRA E. SMITH, City Clerk/Treasurer
1F11ashingtorf Cdunty,AR
{,cernfythislinstrumentwasfiled0n
05H'0/2011 '10:42:40 AM
and recorded in Real Estate
File Number 2011-00012839
Bette Stps ir uit Clerk
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ALLEY VACATION --
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' ' to9 EXHIBIT
EXHIBIT "B"
VAC 11-3792
ALLEY VACATION DESCRIPTION
ALL OF THE 15' WIDE EAST/WEST ALLEY RUNNING BETWEEN LOTS 16, 25, 26, 27,
28, 29, AND 30 OF BLOCK 1 OF OAKLAND PLACE ADDITION RECORDED IN PLAT
BOOK 5 AT PAGE 62 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY,
ARKANSAS.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/19/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
VAC 11-3792: (U of A, 62): Submitted by H2 Engineering for property located on the north side of Douglas Street
between Oakland and Storer Avenues. The property is zoned RMF-40, Residential Multi-Family, 40 units per acre.
The request is to vacate a 15 foot wide alley right-of-way.
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
'��-w,yc'6� u- ,p.'}Pt Previous Ordinance or Resolution#
Departmenl Director Date
Original Contract Date:
Lll ( Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in CityO 4-0 1 1 A 0 1 : 18 R C V D
Clerk's Office
I'K,
C%elfof S ff Date
• Received in
/ U Mayor's Office 'f
M yor ! ate
Comments:
Revised January 15,2009
a e evl le THE CITY OF FAYETTEVILLE,ARKANSAS
Y DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council ,,,pp
Thru: Jeremy Pate, Development Services DirectoA
From: Andrew Garner, Senior Planner
Date: April 1, 2011
Subject: VAC 11-3792 (University of Arkansas Alley Vacation)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a 15-foot wide public alley on the subject
property.
BACKGROUND
The subject property is located on the north side of Douglas Street between Oakland and Storer Avenues, and is
developed for a parking lot that is owned by the University of Arkansas. The surrounding land use consists of
single and multi-family residences and surface parking lots. There is a 15-foot wide alley that bisects the
property connecting between Oakland and Storer Avenues. This platted alley is completely surrounding by
property owned by the University of Arkansas and does not serve any parcels. The applicant's request is to
vacate the 15-foot alley as indicated on the attached survey.
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 alley. On
March 28, 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 11-3792 SUBMITTED
BY H2 ENGINEERING FOR PROPERTY LOCATED ON THE
NORTH SIDE OF DOUGLAS STREET BETWEEN OAKLAND
AND STORER AVENUES TO VACATE A 15-FOOT WIDE
ALLEY RIGHT-OF-WAY.
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 platted alley
right-of-way 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 alley right-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 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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ALLEY VACATION
° l XHIBIT
EXHIBIT "B"
VAC 11-3792
ALLEY VACATION DESCRIPTION
ALL OF THE 15' WIDE EAST/WEST ALLEY RUNNING BETWEEN LOTS 16, 25, 26, 27,
28, 29, AND 30 OF BLOCK 1 OF OAKLAND PLACE ADDITION RECORDED IN PLAT
BOOK 5 AT PAGE 62 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY,
ARKANSAS.
Taye evile PC Meeting of March 28, 2011
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: March ' 4�, Updated April ], 2011
VAC 11-3792: Vacation (BETWEEN OAKLAND AND STORER AVER OF A,
62): Submitted by H2 ENGINEERING for property located on the NORTH SIDE OF
DOUGLAS STREET BETWEEN OAKLAND AND STORER AVENUE. The property
is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and
contains approximately 1.41 acres. The request is to vacate a 15-foot alley right-of-way.
Planner: Andrew Garner
Findings:
Property Description: The subject property is located on the north side of Douglas Street
between Oakland and Storer Avenues, and is developed for parking lot that is owned by
the University of Arkansas. The surrounding land use consists of single and multi-family
residences and surface parking lots.
There is a 15-foot wide alley that bisects the property connecting between Oakland and
Storer Avenues. This platted alley is completely surrounding by property owned by the
University of Arkansas and does not serve any parcels.
Request: The applicant's request is to vacate the 15-foot alley as indicated on the
attached survey.
The applicant has submitted the required alley right-of-way vacation 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
G:\ETC\Deveiopment Services Review\2011\Development Review\11-3792 VAC N.side of Douglas St(U of A Alley)\03
Planning Commission\03-28-2011\Comments and Redlines
AT&T No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: Two adjacent property owners inquired about the requested vacation
but did not have any objection.
Recommendation: Staff recommends forwarding VAC 11-3792 to the City Council
with a recommendation for approval subject to the following conditions:
1. Any damage or relocation of utilities shall be at the owner/developer's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied [7 Tabled
Date: March 28, 2011
Motion: Cabe
Second: Chesser
Vote: 8-0-1 (Lack recused)
Note: On consent agenda.
GAETC\Development Services Review\2011\Development Review\11-3792 VAC N.side of Douglas St(U of A Alley)\03
Planning Commission\03-28-2011\Comments and Redlines
nH 2
ENGINEERING, INC.
March 2, 2011
City of Fayetteville
Planning Commission
113 West Mountain St.
Fayetteville, AR 72701
RE: UNIVERSITY OF ARAKSAS
JEAN TYSON CHILD DEVELOPMENT STUDY CENTER
ALLEY VACATION
To Whom It May Concern:
Please accept this letter as our official request for an Alley Vacation running east and west
through the center of the above referenced property. The property was recently converted into a
parking lot, thereby removing the need for this alley to be in use. The platted alley does not
currently serve any parcels on this property. We are proposing a new facility on this property
which will further remove the need for a public alley in this location. Also,the configuration and
size of our proposed facility will place a portion of the facility within the existing alley. The
property is surrounded by streets on 3 sides which are more than adequate to service the proposed
facility.
All utility agencies and required city divisions have granted their approval for the vacation of this
alley.
Thank you for your consideration of this request.
Respectfully,
n
Jeremy"Thompson, P.E.
Vice President
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: March 1, 2011
UTILITY COMPANY: Arkansas Western Gas
APPLICANT NAME: UNIVERSITY OF ARKANSAS APPLICANT PHONE: 479-575-3371
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.
V Alley
Street right-of-way
1 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")
,,,North side of Douglas St. between Oakland Ave. and Storer Ave.
(ATTACH legal description and graphic representation of what is being vacated-SURVE39
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 !ccation, dimensions, and purpose below.)
• No objections provided the following conditions are met:
�_... % \ r.. ��vv:� •; -r, r� � \J t Yam' Y O, r1�7
Signature of Utility Jaorjany Representative
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATL. March 1, 2011
UTILITY COMPANY: Cox Communications
APPLICANTNAME: UNIVERSITY OF ARKANSAS APPLICANT PHONE: 479-575-3371
REQUESTED VACATION (applicant mast cheek all that apply):
-- Utility basement
— Righcof=way for alley or streets and all utility easements located within the vacated right- of- way.
y Alley
r \ Slrcct right-of-way
I have been notified of the petition to vacate (lie following (alley, easement, right-of-way), described as follows:
Gene. it location / Address (rcfcrring to awwficd document- must be completed**) +
**Noah side of Douglas St. between OaLand Ave. and Storer Ave.
(4 TTACA legal des, iiplion and graphic represenlalion of rvital is being vacated -SURVEY)
UPILfrY COMPANY COMMFN,rS:
• No objections to the vactnion(s) described above.
Io cbjoeions to the vacatioli(s) described above, provided following described easements are retained. (State
tit., location, dimensions, and purpose be ow.)
• No ohicclions provided the following conditions are met:
...i Pdhi.SGE OR RMOCA7TON OF EXISTING FACILITIES WILL HE AT THE DEVELOPER'S
UTILITY APPROVAL NORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: March 1, 2011
UTILITYCOMPANY: AEP/SWEPCO
APPLICANT NAME: UNIVERSITY OF ARKANSAS APPLICANT PHONE: 479-575-3371
REQUESTED VACATION (applicant mast check all rhat apply):
— Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
X Alley
ti / `Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right -of --wary), described as follows:
General location / Address (referring to attached document- must be completed**)
**North side of Douglas St. between Oakland Ave. and Storer Ave.
(ATTACH legal description mad graphic representation of what is being vacated-SURVEk)
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:
gn mre of ti rty ompany epresentative
Title
tidy 1009
Page 5
UTll,rrY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTHATY EASEMENT VACATIONS
DATE: March 1, 2011
UTILITY COMPANY: AT&T
APPLICANT' NAMEAPPLICANT PHONE: UNIVERSITY OF ARKANSAS 479-575-3371
:
REQt1ESTE0 VACATION (applicant must check a tlrrrt applpr-
Utility Easement
Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
Alley
Street rigln-ol=way
1 have been notified of the petition to vacate the following (olley, easemew, right-o/=mnr), dmribcd as follows:
General location / Address (referring to attached document- must be completed-')
„,North side of Douglas St. between Oakland Ave. and Storer Ave.
(ATTACH legal description and graphic representation of mhat is being vacated-SGR VEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
• No objections to the vaeation(s) described above, provided i'olknvin� described casemen[s arc retained. (Stale
the location, dimensions, and purpose bcluwJ
• No objections provided the Ibllowing conditions are met:
IF ANv WIFE FACIs- CI I4_i1~Xt5T iN Till - RREn )o T1f_ VRc.xErc'D Anl.d
ERE: AMA (l=D CAA NCE'D -TO BC6 IZ'gL0Cf}lE9 1T WIoL TBE AT- 7+j1
0V')NQf2oa. `Y CJEWpep'S E>ct�ENS�
Signature ol'Ulifitp Company Representative
title
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prre<.
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: March 1, 2011
UTILITY COMP: City of Fayetteville - Solid Waste & Recycling
APPLICANT NAME: UNIVERSITY OF ARKANSAS APPLICANT PHONE: 479-575-3371
__. ca_.._..._--_.__._..__.___._.....----.
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.
Alicy�'
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")
,,,North side of Douglas St, between Oakland Ave. and Storer Ave.
(ATTACH legal description and graphic representation of what is being vacaled-SURVEY)
UTILITY COMPANY COMMENTS:
Do 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 Comli my Representative
Title
Ady 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: March 1, 2011
UTILITY COMPANY: City of Fayetteville - Transportation
APPLICANT NAME: UNIVERSITY OF ARKANSAS APPLICANT PHONE: 479-575.3371
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- f-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**)
**North slde of Douglas St. between Oakland Ave, and Storer Ave.
(ATTACEf legal descripfion and graphic representation of what is being vacated-SURVEk)
UTILITY COMPANY COMMENTS:
H No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements me retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
i
Signal= oVUtil ity Company Rep glift ivve
�S. JGsC.drlrs i✓1.2
Title
July 2009
Page 5
UT[Lin APPROVAL FORM
FOR RIGHT- 017- WAY, ALLEY, AND
(UTILITY EASEMENTVACATIONS
DATE, March 1, 2011
UTILITY COMPANY: City of Fayetteville - Water & Sewer
APPLICANT NAME: UNIVERSITY OF ARKANSAS 479--575-3371
APPL[CAN'f PHONP,:
REQI)ES1'L;D VACATION (applicant nntst clrrtclr till that apply):
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 ]lave been notified of the petition to vacate the following (alley, easement, right-af-way), described as follows:
Gelleral location / Address (referring to attached document- must be completed")
„.North side of Douglas St. between Oaldand Ave. and Storer Ave.
M MI CH legal deraription and graphic representation of whir is hero; vacated .SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) describcd above.
No objections to the vacations) described above, provided following described easements are retained. (State
the IGCall 'uiii7eli Si011S, and purpose below.)
o No objections provided tlm following conditions are met:
r � /
Signature of Utility Complotcpresentalive
_ it k�
Title
July 2009
Page 5
PETITION TO VACATE
PETITION TO VACATE AN ALLEY LOCATED NORTH OF DOUGLAS ST.,
BETWEEN OAKLAND AVE. AND STORER AVE., 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 easement hereinafter
sought to be abandoned and vacated, lying North of Douglas St., between Oakland Ave. and
Storer Ave., City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley,
which is described as follows:
All of the 15' wide East/West Alley running between Lots 16, 25, 26, 27, 28, 29, and 30 of
Block 1 of Oakland Place Addition recorded in Plat Book 5 at Page 62 in the Circuit Clerk's
Office of Washington County, Arkansas.
That the abutting real estate affected by said abandonment of the Alley is North of Douglas St.,
between Oakland Ave. and Storer Ave., 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, 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, and as to that
particular land the owners be free from the easements of the public for the use of said easement.
Dated this P day of March , 2011.
UNIVERSITY OF ARKANSAS
Printed Name
Signature
1R 4C((ANC ffCO
-FR FOIRI
FINANCE & ADMINISTRATION
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VAC1 1-37921 BETWEEN OAKLAND & STORER
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Subject Property
®VAC11-3792 �_ ._! Design Overlay District
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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 727011 PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
MAY 0 4 20111
CITY OF F.AYET'I'EVILLE
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 #5401
April 28, 2011
Publication lCharge : $ 71.34
Signed:
Subscribed and sworn to before me
This 3 day of *—/ , 2011
ORDINANCE NO.5401
AN ORDINANCE APPROVING VAC 11 PROPERTY
LOCATED OSUBMITTEDN THE NORTH RSIDE OF ING E OR DOUGLASSaye
�1STREET BE WEEN OAKLAND AND STORER 11!
AVENUES TO VACATE A15-FOOT WIDE ALLEY ARKANaas
RIGHT-OF-WAY
WHEREAS, the City COundi has the authority under A.C.A. § "14-54-104 ro vacate pudic grounds fir podions Nereol.whieh set not required for corporate purposes; and
WHEREAS, the Clty Council has detenn ned that the fdlowing descnbed platted alley right -
of way is not required far corporate
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE. ARKANSAS-.
Section 1. That the Gry Council. ol4he City of Fayehevi%, Arkansas hereby vacates and
abandons the following. alley fight-efjvay as described in Exhibit B (attached),
Section 2. That a copy of.thls,Ordir4 ce duly eerfifjed by the Chy4cli dong With the map
A
attached and labeled Exhibit shell betel in the office of the Racorder Of the County and.
recOrdad.in the Deed Recerds'o<.the County.
Section a. That this eacatien appmii Is subject to the following Condition of Approval and
shall not be in effect until his cdnderon la nel
"Arty relocation of existing utilities. shall be a[ the oYrler/tleveloper's expense.` -
PASSED and APPAAuEn w� . . ., -_.
q
Notary PUbIIC _ _ 'V1
BY:
LONELD JORDAN, R9ayor SONDRA E$MI
Exhibits to, th's Ordmenos bH
relay W'elaetl in the ice of the
v 'IJI CJQOty
My Commission Expires:
Cc colt a De 12374647
NoiayPublic- Arkansas
My Commission, Expires Jan, 20, 2020 -
Do not pay from Affidavit, an invoice will be sent