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HomeMy WebLinkAboutOrdinance 5319 Vliiillilllullllliiiiil►IIi�IIIG�lliill�liilllilliullllllllllllllllll DocID: 913450750003.Type:REL Kind: ORDINANCE Re Corded: 05/26/2010 at 02:58:45 PM Fee Amt: $25.00 Paae 1 of 3 Washinaton Countv. AR Bette Stamca Circuit Clerk File2010-00014360 ORDINANCE NO. 5319 AN ORDINANCE APPROVING VAC 10-3540 SUBMITTED BY FIRST STATE BANK OF NORTHWEST ARKANSAS FOR PROPERTY LOCATED AT 2292 NORTH COVINGTON PARK BOULEVARD TO VACATE UTILITY EASEMENT,A TOTAL OF 33 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 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 subjected to the Conditions of Approval as follows, and shall not be in effect until this condition is met herein. 1. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this 4`h day of May, 2010. APPROVED: ATTEST: By: By: ON LD JORI ayor SON RA E. SMITH, City Clerk/Treasltrer:FAYETTEVILLE: Exhibits for this ordinance may be viewed in the office of the City Clerk/Treasurer. =9s••:�kgNSP•J?;' y'NG % C Land Projects 200J\10-OI Ots-fv,\I 0 0l Oaaseaernt vecattoo extiib it.dkvg,Ext I A,212 3/23c MWOUIT I'Avv Asph,af Covinqton Pork 801,11-loird so, RIghf-,f-.,,y 0 A,ph.If Concrete 777 0 7- -S —--- —--- mo If it�w, I It it I) I I If of 0 `I WI If z 11 II 11 IA ID ci, 46yN '. 5..-. ot, 6� L -� 0- O c F < > g < 0 N 0II S C.m.r.f. .52 -Z 2 ;3 . H If X imine tem <m II of >0 t7.6o fl - ;'t,,0 z 20' U.E. 5 2: if p F;J. #23-56 o It 0 0 Q ,Z c� 0 T? 20' D C FIJ, #2i-56 2. 0 iWspato 0� +oleo 5.72- 01 77zM ;T >x L - < -- 1 0.71 1 -, - - z < > Z > EXHIBIT "B" VAC 10-3540 PART OF LOT 134 OF THE FINAL PLAT OF COVINGTON PARK PHASE III RECORDED AS FILE#23-56 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 134 BEING A FOUND 5/8" REBAR W/CAP (PS 1005); THENCE S87°01'22"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 134, A DISTANCE OF 80.92 FEET; THENCE S02°58'38"W, LEAVING THE ABOVE SAID NORTH LINE, A DISTANCE OF 8.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE S86°39'23"E, A DISTANCE OF 30.23 FEET; THENCE S03°15'20"W, A DISTANCE OF 0.99 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING 20' UTILITY EASEMENT RECORDED IN FILE#23-56; 'I'IIENCE N87°01'22"W, ALONG THE ABOVE SAID SOUTH LINE, A DISTANCE OF 30.22 FEET; THENCE N020571 4"E, LEAVING THE ABOVE SAID SOUTH LINE, A DISTANCE OF 1.19 FEET TO THE POINT OF BEGINNING AND CONTAINING 33 SQUARE FEET, MORE OR LESS. Wo'shiI g On coni, A (,certify this instrument was filed on 05/28/2010 02:58:45 PM and recorded in Real Estate File Number 2010-00014380 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/4/2010 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 10-3540: (First State Bank of NWA, 334): Submitted by First State Bank of Northwest Arkansas for property located at 2292 North Covington Park Boulevard. The property is zoned RSF-4, Residential Single Family, 4 units per acre. The request is to vacate a portion of a utility easement. 96" $ stof is 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 ��G�" _ a Previous Ordinance or Resolution# Department irectorDate pp Original Contract Date: .� 4 -��— 2Ll J Original Contract Number: City Attorney— Date ,U R ktl 15.1010 ENTERED Finance and Internal Services Director Dale Received in City Clerk's Office KANw Chief f St Date L Received in Pile Mayor's Office V Ma or 4DO Comments: Revised January 15,2009 Zayj�L'1011e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT'CORRESPONDENCE AS INNER!'!ililliiiillll 111��1�111 11 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Director of Development Services From: Andrew Garner, Senior Planner Date: April 13, 3010 Subject: VAC 10-3540 (2292 North Covington Boulevard Easement Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a utility easement on the subject property containing approximately 33 square feet. BACKGROUND The subject property is located at 2292 North Covington Park Boulevard. There is an existing home on the property, constructed in 2007. A recent survey of the home conducted as part of a real estate transaction revealed that 1.2 feet of the overhang on the northern side of the home encroaches into a utility easement. 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 the portion (33 square feet) of this easement that is encroached by the home. 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 April 12, 2010 the Planning Commission unanimously forwarded this request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 10-3540 SUBMITTED BY FIRST STATE BANK OF NORTIIWEST ARKANSAS FOR PROPERTY LOCATED AT 2292 NORTH COVINGTON PARK BOULEVARD TO VACATE UTILITY EASEMENT, A TOTAL OF 33 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 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 subjected to the Conditions of Approval as follow, and shall not be in effect until this condition is met herein. 1. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this day of 12010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "I3" VAC 10-3540 PART OF LOT 134 OF THE FINAL PLAT OF COVINGTON PARK PHASE 111 RECORDED AS FILE #23-56 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR'T'HWEST CORNER OF THE ABOVE SAID LOT 134 BEING A FOUND 5/8" REBAR W/CAP (PS 1005); THENCE S87°01'22"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 134, A DISTANCE OF 80.92 FEET; THENCE S02058'38"W, LEAVING THE ABOVE SAID NORTH LINE, A DISTANCE OF 8.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE S86°39'23"E, A DISTANCE OF 30.23 FEET; THENCE S0Y I5'20"W, A DISTANCE OF 0.99 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING 20' UTILI'T'Y EASEMENT RECORDED IN FILE #23-56; THENCE N87°01'22"W, ALONG THE ABOVE SAID SOUTH LINE, A DISTANCE OF 30.22 FEET; THENCE NO2057'14"E, LEAVING THE ABOVE SAID SOUTH LINE, A DISTANCE OF 1.19 FEET TO THE POINT OF BEGINNING AND CONTAINING 33 SQUARE FEET, MORE OR LESS. s7yel�-Iie PCMeeting of April 12, 2010 K�.N iS llk' Cl IY OI FAY I_ FTEVII,LI 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: A•�•� '�a,-�, 2�^1noUpdatedApril13 2010 VAC 10-3540: Vacation (FIRST STATE BANK/2292 N. COVINGTON PARK, 334): Submitted by FIRST STATE BANK OF NORTHWEST ARKANSAS for property located at 2292 N. COVINGTON PARK BOULEVARD. The property is zoned RSP-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.33 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Findings: Property Description: The subject property is located at 2292 North Covington Park Boulevard. There is an existing home on the property, constructed in 2007. A recent survey of the home conducted as part of a real estate transaction revealed that 1.2 feet of the overhang on the northern side of the home encroaches into a utility easement. 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 (33 square feet) of a utility easement to allow for a clear title and real estate closing 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 GAA.YC\Development Services Review\2010\Development Review\I0-3540 VAC 2292 N.Covington Park0-Planning Commission CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Finding that adequate easement for service will exist to serve existing utilities and provide for new utilities, staff recommends forwarding VAC 10- 3540 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. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded 0 Denied ❑ Tabled Date: April 12, 2010 Motion: Cabe Second: Earnest Vote: 7-0-1 (Lack recused) Note: On consent agenda. GMADDevelopment services Review\2010\Development Review\IO-3540 VAC 2292 N.Covington Park\3-Planning Connnission c.H ENCINEERIN©, INC. March 3, 2010 City of Fayetteville Planning Commission 113 West Mountain St. Fayetteville, AR 72701 RE: 2292 N COVINGTON PARK—(LOT 134 COVINGTON PARK,PHASE III) UTILITY EASEMENT ENCROACHMENT To Whom It May Concern: Please accept this letter as our official request for a Utility Easement Vacation along the north property line of Lot 134, Covington Park, Phase III. The existing house encroaches into the utility easement approximately 1.2 ft including the overhang, which equates to approximately 33 sf. The exterior wall only encroaches 0.6 ft at the worst point. All utility agencies have granted their approval for the release of this easement area. Thank you for your consideration in this regard. Respectfully, Kipp Hearne,P.E. CIUM Pmje 2007\lMlO%wrveA10-010eaze warbone T M1b%2/23/20104:39:14PM,Won — © g m a s Asphalt I e t6 I Covington Park Boulevard w' 30' RIOAI-o/-°7ay 80 Asphalt u t3 _ II I I Concrete I I a 1 �• .-. � II m-� I un I _ IfW IIg I I 1 Iw II II I Concrete CO (a3 I 11 0 0 o H II 'c 0 II 0 o I IIpal 1 0 ^1 I N It I a m e"- lQD w2o FO°a'�?3ox� � a3 `a93 37S !L P, 3, a% II 1Ii1Ii I iI eN �m 1 W �� 03003I > O> z m „3 m 2; N._m.3 !20 0 -fill n °a < y w`1 01w Noo 09- s 0 II V -Pig Y a 9 I II Concrete m �Ow bm tOv pbrO �+ II 1 0 1°Ft.•. 'qeO'vN0 � • 11 3 �v3'• �E.e'nio o� II Iew I a- - ! X alnz° 3. =*' II I _ bN S os m$_i en0 o as-o 0»g _gig a II I ,off r S I II 20' D.E. w .ii mm o° s o'e3w3 � ° a II °eg a o • rS• _a ° I If File #23-56 o g�ow°Si � n . 11 µ1F 1 o 101� =up as 9u�or 7 I II I 11 G 3wow%j }a 71: g : ija eo II I u I I SS• n9w? uam a, 20' D.E. 1 a° b0 u 0 m g•' II File 923-56 w 1� Y o�gw a qm II eN � a �itp 4m II �o e' € cog Y0 II I \ we P • 11 m. II 5.72' rvyco RI I 1r I o< _a z J l� 0.r c — z ? ° �o Z vs m �V mOD 0 NN> i m N IDA m 01 W z e AA ° n S PETITION TO VACATE PETITION TO VACATE A UTILITY EASEMENT LOCATED AT LOT 134 COVINGTON PARK, PHASE H1, 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 in Lot 134 Covington Park, Phase III, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement, which is described as follows: Part of Lot 134 of the Final Plat of Covington Park Phase III recorded as File #23-56 in the Circuit Clerk's Office of Washington County, Arkansas being more particularly described as follows: Commencing at the Northwest corner of the above said Lot 134 being a found 5/8" rebar w/cap (PS 1005); thence S87001'22"E, along the North line of the above said Lot 134, a distance of 80.92 feet; thence S02058'38"W, leaving the above said North line, a distance of 8.81 feet to the True Point of Beginning; thence S86039'23"E, a distance of 30.23 feet; thence S03°15'20"W, a distance of 0.99 feet to a point on the South line of an existing 20' utility easement recorded in File #23-56; thence N87001122"W, along the above said South line, a distance of 30.22 feet; thence N02057' 14"E, leaving the above said South line, a distance of 1.19 feet to the Point of Beginning and containing 33 square feet, more or less. That the abutting real estate affected by said abandonment of the Utility Easement is Lot 134 Covington Park, Phase III, 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 casement. 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 put -pose 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 24"' day of March , 2010. JOHN E. NEGRAY and CYNT111A L. MARRO Printed Name w��%'(C(ithD ignature f UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: FEBRUARY 24,2010 UTILITY COMPANY: OZARKS ELECTRIC COOPERATIVE CORPORATION APPLICANT NAME: APPLICANTPHONE. FIRST STATE BANK OF NWA 479-582-0700 REQUESTED VACATION (applicmrt m_ast check nll that npplp): <:—::3 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") 2292 N Covington Park (Lot 134, Covington Park Phase III) - North Side of Lot (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: Z04�' EZ� Signature of Utility Comp y epresentative �vS e�✓1 S7A ! r ec / Title hde 2009 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILM EASEMENT VACATIONS DATE: FEBRUARY 24, 2010 UTILITYCOMPANY: AT&T APPLICANT NAME: FIRST STATE BANK OF NWA 4T9-582.0700 REQUESTEDVACATION(applrcaramastcheckalitho( t APPLICANT PHONE: cWP y). (S) 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 vacato the following (alley, easement, right-ofwor), described as follows: General location / Address (referring to attached document- must be completed") 2292 N Covington Park (Lot 134, Covington Park Phase 111) - North Side of Lot (ATTACH legal descripRaa and graphic representation ojwhat is being vacated-sURVEY) UTILITY COMPANY COMMENTS: C No objections to the vacatioa(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 Ke presentative OsPr�Ys(I.�� Title July 2009 Page S Z d ZLfiZ5Zb986'ON/L£: 0 1'.LS/9£:0I 01.SZ'Z (nH.L) Wogg UTILITY APPROVAL FORM rOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: FEBRUARY 24, 2010 UTILITY COMPANY: COX COMMUNICATIONS APPLICANT NAME: FIRST STATE BANK OF NWA APPLICANT PHONE: 479-582-0700 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**) „ 2292 N Covington Park (Lot 134, Covington Park Phase 111) - North Side of Lot (ATTACHlegal 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 vacatiou(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) 6:)No objections provided the following conditions are met: ANY DAMAGES OR RELOCATION OF EXISTING FACILITIES WILL BE THAT DEVELOPER'S EXPENSE >96cure of Utility Company Representative FIELD ENGINEER July 2009 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: FEBRUARY 24, 2010 UTILITY COMPANY: ARKANSAS WESTERN GAS COMPANY APPLICANT NAME: FIRST STATE BANK OF NWA REQUESTED VACATION (applicant must check all that apply): Utility Easement APPLICANT PHONE: 479-582-0700 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") r+ 2292 N Covington Park (Lot 134, Covington Park Phase III) - North Side of Lot (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: C�o 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: Pale July 2009 Page 5 U1,1111TY APPROVAI, F'ORM FOR III GIIT-0E- WAY, A I,Lle 'Y, AND Ul I [J IY EASEMENT VACATIONS I'EBRUARY 24, 2010 U APYCOPAPANY: AEPISWEPCO APPLICAN'l NAME FIRST STATE BANK OF NiAlA AP151 WANTPHONF: 479-582-0700 RFQUES 11M VACA PION (applicant Horst ohei-Aall flinlajljj1;-): Uldily lia.'etlrull! - Rigill-ol, way for alloy w slicuN and itH luilily c1scluclits lmarcd wilhin tire, vacated right- (if- way. - Mlvy - sticct rigftl-w ik,ly 1 have b=l wall-i"I of th pcNion ;.) yoi"4'fV ihe following (alley, easemcia, described as follows: General localiotl / Address (referring to Luadlod dowlatalt- must he momplcled") 2292 N Covington Ptak (Lot 134, Covington Perk Phase 111) - North Side of Lot (ATTACH legal descripthin of what is being racated-.91111V1371) U 111,11y COMPANY CONMIFIN 11): • No 'fl)j<Cta)JIS to tiro vaenNml}s) described above. • No objections to die, vacations) ilt:Naibod above, janvided iollowing, dcscribekt epmmeais arc retained. (State 110 10CMi011, iflal=SiWIS, and tikHpxe below.) • No objections provided the following conditions are mia: .hils. 2IN9 Pug' 5 U1'ILI'1'Y APPROVAL FORM FOR RIGIIT- OR- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: FEBRUARY 24, 2010 UTILITY COMPANY: CITY OF FAYETTEVILLE - WATER & SEWER DIVISION APPLICANTNAME: APPLICAN'TPI[ONE: FIRST STATE BANK OF NWA 479-582-0700 --- RCQ UIsSTCD VACATION (applicant narct Bieck nll that a it � : — nr �) � Utility Casement 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") ,* 2292 N Covington Park (Lot 134, Covington Park Phase III) - North Side of Lot (ATTACH legal description mid graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: ( Q. No objections to the vacation(s) described above. • No objections to tite vacations) 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 Rep entative J'ale July 2009 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENTVACATIONS DATE: FEBRUARY 24, 2010 UTILITY COMPANY: CITY OF FAYETTEVILLE - TRANSPORTATION DIVISION APPLICANT NAME: FIRST STATE BANK OF NWA 479-582-0700 REQUESTL'D VACA"PION (applicart must clrcek all thnl n r [_ ____APPLICANT PHONE: — 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 OJ-way), described as follows: General location / Address (referring to attached document- must be completed**) ** 2292 N Covington Park (Lot 134, Covington Park Phase III) - North Side of Lot (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 vacadon(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 fAility Company Represe(^ tivc Title ✓ ly 2009 Page 5 UTILITY APPROVAL FORM FOR RIGIIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: FEBRUARY 24, 2010 UTILITY COMPANY: CITY OF FAYETTEVILLE - SOLID WASTE DIVISION APPLICANT NAME: FIRST STATE BANK OF NWA 479-582-0700 -- -...._.._.... _ APPLICANT PEIONC ..._-._._. REQUESTED VACATION (app[icnnt wenst check all that apply): C> 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**) ** 2292 N Covington Park (Lot 134, Covington Park Phase III) - North Side of Lot (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 7U�TILITY COMPANY COMMENTS: / •) No objections to the vacation(s) described above. • No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: ti Signature of Utility Company Representative tl 'title July 2009 Pnge 5 VAC10-3540 FIRST STATE BANK Close Up View a J m Y K a z SUBJECT PROPERTY 0 z z asc. sm air Overview 0 20 40 80 120 160 Feet VAC10-3540 One Mile View RSFdRSFd R8F4RSH W§ 4 WARWICKI9R, , ASFd Rsw R-0 SRBFd RSFd; ASSO PI PW-4 FIRST STATE BANK R$F4RSFd CHa -�1r 0 PRIVATE 2680 ap iz \ RSF4 RSFq RSFd Z TR GHSPR\NG BDY. RSFd 'OQ -;.. CHATSW 4 RSF �m ;aSUBJECT PROPERTY TRH SF 2 PSF.O ".RSFd RSFd / R "Ao RSFd -.RSFd . d RSFd W-4 RSFJ RMF R-0 R c, F NS o ,y �, yp m Ct RsF+ RSFd tNGWPY MEANDER FWA Overview S__. CHADYWCI -0 PW-4 MADISON DJt... RSFd aFW4ff RSF-1 RR8F4 DR � flBPd� RSFd Legend Subject Property � ®VAC103540 Boundary 0 0.25 0.5 MAY-27-2010 10:47 AR DEMO GAZ CLASS 501 442 1760 P.02i02 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, Fayepevi6e Arkansas 727011 PO BOX 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED MAY 201 2010 CITY OF FAYETTEVILLE 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 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 5319 May 15, 2010 Publication Charge : $ 78.82 Signed: -- IU2�—L----- Subscribed and sworn to before me ThisLtj day of NAZu` 2010. Notary Public /�- My Commisslon Er<phes 10-26.2018 ` My Commission Expires: L Corn_miselon N 12360414 (0-2�C' Lori! Do not pay from Affidavit, an invoice will be sent TOTAL P.02