HomeMy WebLinkAboutOrdinance 5402 IIj11NIIIII40 IIIIIIIIIIaIIIII�IIIUINIIIIIIIIIIIIIIIIIIIIIIIAFllllllll
Kind: ORDINANCE
Fee Amt: 1,255 25/0/Paas it o10-43:24
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Nashlnaton County. AS
Sclerk
Bette Btamos Clrouit
Flle2011-00012840
ORDINANCE NO. 5402
AN ORDINANCE APPROVING VAC 11-3793 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 UTILITY EASEMENT.
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 damaged or relocation of existing utilities shall be at the owner/developer's
expense."
aararmnr ''
PASSED and APPROVED this 19a'day of April, 2011. �RrRE9s°,,
- &TY O,c•.(�
=Q a ®e(nom
APPROVED: ATTEST: :FAYETTEVILLE e
9
�+eTOuseo"O°gee
By: By: �4n G�t.o�
N r'LD JO , Mayor SONkA E. SMITH, ity lerk/Treasurer
1 0 1, t ` \
WasYimg`totl �ounLy,AR..,. '
I certify,,Ahis,^instrument was filed on
05/10/2011 " 1043:24 AM'
and recorded in Real Estate
File Number 2011-00 12840
Bette Stamp - ui Clerk
b Ac 71.3793
NM�,.�nII�. ,.�Mllml w�.� �� llll °EXHIBIT „A„ ',��,1,1
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EASEMENT VACATION
:1 I
F P EXHIBIT O`
EXHIBIT "B"
VAC 11-3793
EASEMENT VACATION DESCRIPTION
ALL OF THE 15' UTILITY EASEMENT RECORDED IN BOOK 458, PAGE 564 THAT LIES
WITHIN LOTS 15, 16, 24, AND 25 OF BLOCK I 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 11-3793: (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 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
X1'1„ �, ;• .o x-r Previous Ordinance or Resolution#
Department Dire r Date
Original Contract Date:
Original Contract Number:
City Attorney Date
To�j 0. • `d+.�v. � 4-t--4ott
Finance and Internal Services Director Date Received in C%4-0 - 1 1 AO 1 : 18 R C V D
Clerk's Office _
Chief of Staff Date EyR I'
• Received in /
Mayor's Office
ate
Comments:
Revised January 15, 2009
Ta7ylct vlle THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: April 1, 2011
Subject: VAC 11-3793 (University of Arkansas Easement Vacation)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a 15-foot wide utility easement 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 utility easement that is
located on the northern portion of the site. Utilities that previously existed within this easement were removed
with the recent development of the parking lot. This property is surrounded by street and utility easements on
three sides and providing adequate service to the property. The applicant's request is to vacate the 15-foot utility
easement 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 utility
easement. On March 28, 2011 the Planning Commission unanimously forwarded this request to the City
Council with a recommendation for approval
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 11-3793 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
UTILITY EASEMENT.
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 damaged or 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
EXHIBIT "A"
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EXHIBIT "B"
VAC 11-3793
EASEMENT VACATION DESCRIPTION
ALL OF THE 15' UTILITY EASEMENT RECORDED IN BOOK 458, PAGE 564 THAT LIES
WI'T'HIN LOTS 15, 16, 24, AND 25 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.
T*'*o
aye � Y I le PC Meeting of March 28, 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: nye l- , T Updated April l 2011
VAC 11-3793: Vacation (BETWEEN OAKLAND AND STORER AVE./U 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 utility easement.
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 utility easement that is located on the northern portion of the site.
Utilities that previously existed within this easement were removed with the recent
development of the parking lot. This property is surrounded by street and utility
easements on three sides and providing adequate service to the property.
Request: The applicant's request is to vacate the 15-foot utility easement as indicated on
the attached survey.
The applicant has submitted the required easement 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
GAETC\Development Services Review\201 1\Development Review\11-3793 VAC N.side of Douglas St(U of A
Easement)\03 Planning Commission\03-28-2011\Comments and Redlines
Arkansas Western Gas No Objections
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 11-3793 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 0 Denied ❑ 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\t 1-3793 VAC N.side of Douglas St(U of A
Easement)\03 Planning Commission\03-28-2011\Comments and Redlines
V 2,
ENGINEERING, INC.
March 2, 201 1
City of Fayetteville
Planning Commission
1 13 West Mountain St.
Fayetteville,AR 72701
RE: UNIVERSITY OF ARAKSAS
JEAN TYSON CHILD DEVELOPMENT STUDY CENTER
UTILITY EASEMENT VACATION
To Whom It May Concern:
Please accept this letter as our official request for a Utility Easement Vacation in the center of the
north half of the above referenced property. The property was recently converted into a parking
lot, thereby removing the need for this utility easement to be in use. Utilities that existed within
that easement at the time of parking lot development were removed at that time. We are
proposing a new facility on this property which will further remove the need for a public utility
easement in this location. The property is surrounded by street and utility easements on 3 sides
which are more than adequate to service the proposed facility.
All utility agencies and required city departments have granted their approval for the release of
this easement area.
Thank you for your consideration of this request.
Respectfully,
Jeremy Thompson, P.E.
Vice President
PETITION TO VACATE
PETITION TO VACATE A UTILITY EASEMENT LOCATED NORTH OF DOUGLAS
ST BETWEEN OAKLAND AVE. AND STORE, R 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
easement, which is described as follows:
All of the 15' Utility Easement recorded in Book 458, Page 564 that lies within Lots 15, 16,
24, and 25 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 Utility Easement 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 3`tl day of Marche 2011.
UNIVERSITY OF ARKANSAS
Printed Name
Signature
YICE CHANCECCOR, FOR:
FINANCE & ADMINISTRATION
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
REQUESTED VACATION (applicant most check all that apply):
Utility Easement
APPLICANT PHONE: 479-575-3371
— 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**)
**North side of Douglas St. between Oakland Ave. and Storer Ave.
(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:
L__ LQ 0,"Y-h' ly-i,'6
Signature of Utilityanyany Representative N
Title
✓, ly 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: arch 1, 2011
UTILITY COMPANY: Cox Communications
APPLICANT NAME: UNIVERSITY OF ARKANSAS APPLICANT PHONE: 479-575.3371
REQUESTED VACATION (applicant mast check all that apply):
A\ Utility Easement
Right-of-way for alley or streets Lind 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 (refcn'ing to auechcd document- must be completed**)
**North side of Douglas St. between Oak and Ave. and Storer Ave.
(A%TACA legal des,: iption mul graphic representation of,vlrat is being vacated-SURVEi)
UTILITY COMPANY COMMENTS:
• No objections to thevacationfs) described above.
• .'!:�, objections to the vacation(s) described above, provided following described easements are retained. (State
ilv: location, dimensions, and purpose bc.ow.)
• N., objections provided the LiIlowing conditions are met:
,V'Y DAMAGE OR RELOCATION OF EXISTING FACILITIES WILL BE AT THE DEVELOPER'S Expense..
i
I
Sigi - urc of Utility Company Representative
i
3.^.g reer
July 2aafl
Page 5
UTILITY APPROVAL FORM
FOR RIGHT -OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: March 1, 2011
UTILITYCOMPANY: AEPISWEPCO
UNIVERSITY OF ARKANSAS 479575.3371
APPLICANT NAME: APPLICANT PHONE:
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, easen1en1,),ighbafway), 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 graph le representation of ichat is being vacated-SURYE)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 following conditions are met:
gn lure of ti try ompany epresentative
f-N�/AJ�AP/e
Title
Aly 2009
P"ge 5
UTILITY APPROVAL. FORA
FORRIGlTF-OF- WAYS ALLEY, AND
UTILITY EASEMENT VACATIONS
n.nTl;:
March 1, 2011
UTHATY COMPANY: AT&T
UNIVERSITY OF ARKANSAS 479-575-3371
APPLICAt�I'NA.-UiE: APPLICANT PHONE:
REQUESTED VACATION (applicant must check all that app(t):
Utility Eascmcnl
-- Right-of-way for alley or streets and all utility casements located within the vacated right- of*- Keay.
- Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right<f tra}'), described as follows:
.Coneral location / Address (referring to attached document- must be completed")
„North side of Douglas St. between Oakland Ave. and Storer Ave.
(I TT.ACH legal description alaigraphic representation of whet is being vacated-SUR VF- 3)
LiTILITY COMPANY COMMENTS:
. No objections to dire vacation(s) described above.
• No objections to the vacation(a) described above, provided following described easements are retained (State
the location, dimensions. and purpose below.)
. No objections provided the following conditions are met:
1L Any Nil 1FACILITit S Fx1ST INTNE Ag&E \ To i31r VACATE
ArJp ARE -pAMACF-L Og NEG) -M BE IRELOCRTa IT IAi11_-
3QQE AT T ttE 'O^yv,(SWE9- G12 l-7EV-L-0P5WS 22\ hPL_ N SE
,rC?AJ. �JiIly�.i� \ xfYlA �Q��
signature of Utility Company Represenrative
05P DESIGN 01�GWEEk
Title
1:rt::env
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: March 1, 2011
UTILITY COMPANY: City of Faytville - Solid Waste & Recycling
APPLICANT NAME:
UNIVERSITY OF ARKANSAS APPLICANT PHONE: 479-575-3371
_
REQUESTED VACATION (applicant+nast check all that apply):
Utility rascrucli
Rtglii-ot-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")
,,,,North side of Douglas St. between Oakland Ave. and Storer Ave.
(ATTACK legal description and graphic representation of what is being vacated-SURVE19
UTILITY COMPANY COMMENTS:
/ • 1 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 Compal y Representative
,
((AtJ,.(
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-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 descripdon and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
61 No objections to the vacation(s) described above.
• No objections to the vwation(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 otVtility Company Rep ^five
S, lcw✓(u3 iJtrL
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OR- WAY, ALLEY, AND
UTILITY LASMVIENT V ACATI ONS
DATE: March 1, 2011
UTILITY COMPANY: City of Fayetteville - Water & Sewer
UNIVERSITY OF ARKANSAS 479-575-3371
APPLICANT NAME: _ APPLICANT PHONE:
REQUESTED VACATION (applicant must check all that appli):
f` Utility Easement
Right-of-way for alley or streets and all utility easenents 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")
,,,North side of Douglas St. between Oakland Ave. and Storer Ave.
(A7 AC11leged description and graphic representation of whai is being seated -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, dilmmnsio s' "and purpose below.)
No objections provided the following conditions are met:
Signature of Utility Compalw1kepresentative
G�i' I,1rc5 f ,teen
Title
Jule 2009
Page 3
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NORTHWEST ARKANSAS
NEWSPAPERSLw
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
MAY 0 4 2011.
CITY
OF E
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 #5402
April 28, 2011
Publication Charge : $71.34
Signed: __ (. l�w L&______
Subscribed and sworn to before me
This 3 day of Rtu./ 2011.
Notary Public
My Commission Expires:
ORDINANCE NO, 5402
AN ORDINANCE APPROVING OR PROPERTY
TY
SUB ORDINANCE
BY E ENGINEERING FOR PROPERTY /*T T/1 ^* T le
LOCATED ON THE NORTH SIDE OF DOUGLAS QYC CV
STREET BETWEEN OAKLAND AND STORER
AVENUES TO VACATE A 15-FOOT WIDE UTILITY ARKANSAS
EASEMENT.
WHEREAS, the City Council has the authority under AC.A. § 14-54-104 to vacate plbllc
grounds or portions thereof vahich us M required for corporate purposes and
WHEREAS, the City Council has determined that the followng described portion of the pat-
tep.utility easement is not recurred for corporate purposes;
NOW, THEREFORE BEITORDAINED BY THE CM COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS-.
Section 1. That the City Counal of the City of Fayetteville, Arkansas hereby vacates and
abandons the fcllowmg utility easement as described In Exhibit B (attached).
Section 2. That a copy of this Ordinance duty cedifled by the City Ciark along with the map
attached and labeled Exin bit A shall be filed in the office of the Recorder of the County and-
. recorded in the DOW Remrds of the County.
I Section 9. That this vacation approval is subject to the following Condition of Approval and
shall not be in effect until this condition 5 met:
"Arty damaged or relocation of existing utilities shall be at the owner/developer's expense'
PASSED and APPROVED this 19th day of April. 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor - SONDRA F SSMITH, City Cl,,WTr rer
Exhibits for this Ordinance may be viewed in the Office of the City CIedJTrassurer..
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My Commissior Expires Jan, 20, 2020
Do not pay from Affidavit, an invoice will be sent