Loading...
HomeMy WebLinkAboutOrdinance 5405 Doc ID: 014033600003 Type: REL Kind: ORDINANCE Recorded: 05/24/2011 at 01:20:51 PM Fee Amt: $25.00 Pace 1 of 3 Washington Countv. AR Bette Stamps Circuit Clerk F11e2011-00014307 ORDINANCE NO. 5405 AN ORDINANCE APPROVING VAC 11-3785 SUBMITTED BY KRISTEN KNIGHT FOR PROPERTY LOCATED AT 221 WEST SOUTH STREET TO VACATE A PORTION OF AN UN-CONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 0.03 ACRES. 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 un-constructed 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 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 3 d day of May, 2011. .`,LAG•°�,\�Y O,c°.G�j APPROVED: ATTEST: c' :FAYETTEVILLE: .x. "9sy RKANSP- By: z- By: A_ 1d1L4,/ �1G C)AOALD JO AN ayor SON RA E. SMITH, City Clerk/Treasurer EXHIBIT "A" R/W VACATION EHIBIT � I I ; .1 n Nunli('do 1 �.n YY I Nnll.UI In ANI911 v . .11.p .F�.. . •;.. .. . • . . . . . ,1 nNR ANI Y 1111 n 111111 IN Y l 11 111 , Ivo - • ( ,���♦ y wlV 51 [ 11mo1 n Y t -- A �ASFlIALT Wrlflll Vats.N&P/S'` I ' Y r rel['URNIY _ sN PEA III IIv,ITAl INK T:,nin.1 -�-� .'9.f-�, ��-Ij-Y I a f Y-1R v 54�{YI1M1 I INA61tdNiN'r Mid 11.(1'1\ YY9 J1'11'W YIRN.R-JO-W III.OI ulIN I1) 11,> u a N ANIIALi1'IN 1) 11,la ,TAUfq WNIN 11111A ullwi roNl -1' rnyA"""_ [ II NARR1mv 1111 UrN(o II f—I - Id� .11.1A•lu•AI IAII PO, H1 xcm'nl rnuNYIAI 11IIeclSue♦ I ti (,� nuul ull.allu u,n llnl nrNlN In I'Ard; I 11 .._ - 1I52f'!'Ng'e 1• 1 h•C Ir�uL.urY zily.iu �:� 1114 <Q N'" I1f..IxrN'NTnWN bINcaAI I•1 '" puT l O"Of IT"R1 I II- IPI a4rlLc rNnNl 011"I RIn PueV I YI: Y$t �� toM IKKpv PATAS �n ISI �Ig = - UIRAiI-Iq•NT5 Y I1 51M\'1 V_IL.N(,�HIF111rN YI' A Fy1I Y li .Ire•' - AI'AIIT 11F1'lT 911111 ONT IT O!AI,I(I(I r 11111 1 •1 yl' ,t tiUl'1111A"I Vl'.ALTO M Vk\IA-IltrN ll., 1� TUN NM1II IT N•IOIVD I.LIMA,IT N IBI, I ! M N'ASI 11NUlIll(WTLTY.Ali KANSAS.if li, T YID 1 • Ill#765-66242-96(J SORT I-ARILCIIIANLYI111S1R111(UASru11u,V5. • �. / 1=11 NLr1NNIN(IAIANIxIOU11 RLIMIR I YID t 0.19 jCPE$ f/_ lamc i 115A111.11% IJI M'1x1111 ul I NURTI IAITcukNlA Of sn In roH l l A,u1 TNAI T nNU N11NNINOi T nfY NO I Snf IAOI'I 1 nu, OffS,I Ill 5YUW 1.'TOIN IIIIII i . I YI !#I 'I RINALONTIII.I:A\I NI(IH11T�N'A\ 1111%'I IM1I I ;1' �i 1 - _I All T11TNf1'AL Y'iA1b Hk 1111+ Ndl' ! t�rsLL�. i NI1111N'51'C 1.11?I.1111:N(ti IIA\'Inti9NU I YI 4 II __ nr .. pYlAII.RI-NTS RIGIpYN-;NAYNRTaJNPL"15TOOK IYIPI I• Y 111IYA(Nl-4 i\IUNI YID / ,I 111111.5\ II LOOP 1_I 10 All IA\I Nil I IS ANI] I'• � T IIS.N'N.Td y N1111114gAVn\'It1 H101111) YY+I y�y ,y -1''A' gLp6ETA1L j2) �N l9•STU'6 Ry •� vA I Fl IiI19s1 Of ION'I LHN IIUNjn 1. nfOLD1i.ASTQ NIll OF SELIMN 16.�ONVISSI 111- r Y o TOR RAS(I)O 3OWRIh5%SIIINIIONCOIWLY,It. r NORMIIAN,I JO WLST,FARIINGIU Nt'OhNIY, NIR FIRIDAIS IOLAOWS PA-NOTO1 A111.Y Q 3(J' (1'Qr 90• 11151r%NI)Ati I'(II.I.UWS.lf}W R:IM014N1'lli Al A POI NT I"St 11ANV_k O 1"W IFORT ACI 111E NOR 11 IlA9f CUkNLk Of SAID IURIV ACID l0.nl 1 11NAvl III'SI'.\I I:IIA'I I "I I ANTI RIIFNI V(i TI1fRGG SPMIN'N'\\'I Sn 11',iV11.Nt I I Lr.1.-,UII Ill(N[T' 1,CO:STAN A I'YIl TI I!N TS NI%A]INN IM1ti1(IINTAININI/003 n(RF$M1I!)V I.(IR u:xs NUTr 1111 1.1%Al IU%OI III IT 11111 SI JOIAN IILifI ON ANL IRANil R\'I'II I]'IIN,N',nr AILON`I VICINIIN SIAP (MIOvH AN'11RTTe'net1-s ALI MILITY LINO N ' — Arw'All ON n IIS FLAT AN N rIL Ac11:= 11 T n,A Y RlISII NOIN NLIPIO Ill,fllnl ".1111 I)I'11111N 1( 1.1111 AN\'ILL[II If nVnl l(IA' S)",ITN I II'I INISM\l'Al 11YY66 m: I SOT THAT NII r NOT SOON'N Uu N nuc PLAI f ( I 1 . .. - \S[I'DY"AFNO 1.111-ATI c - -51 ISTEN- KNI- - rl _ .. I I GfNI) ..sem N KRGtIT Tk gates A A$80CIates inn. k O it I yonrij 57 pA6 .1YV by Wwl�1 C • ...�,• ~TAJYTTYHI/.LY.AAFAA'NAS' .1. C. ..1. I I n-0I/I4/1o11Ft[yf 13r ]1r 4-• •n u• � f O I.N 4NI WRI1 i[ M-R n Irk EXHIBIT "B" VAC 11-3785 LEGAL DESCRIPTION (PORTION TO BE VACATED): A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16,TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S89053'41"W 175.99' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S00004'54"W 150.21', THENCE S89°52'43"W 9.41', THENCE N00027'52"E 150.22', THENCE N89°53'41"E 8.41' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES MORE OR LESS. Washington County, AR I certify this instrument was filed on 05/24/2011 01:20:51 PM and recorded in Real Estate File Number 2011-00014307 Bette 8; Cir Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/3/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 11-3785: 221 W. South St./Knight, 523): Submitted by Kristen Knight for property located at 221 West South Street. The property is zoned DG, Downtown General. The request is to vacate a portion of an un-constructed right- of-way. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached Previous Ordinance or Resolution# Department Director Data Original Contract Date: r� Original Contract Number: CityA nep(y Date 1C a - 1 -15^7p11 OG-17- Finance and Internal Services Director Date Received in City ]�fj Clerk's Office Chief of S Date Received In ,$/ Mayor's Office Mayor Dai Comments: Revised January 15,2009 Ta7yM Lde THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: April 14, 2011 Subject: VAC 11-3785 (221 W. South Street Right-of-way Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating an un-constructed right-of-way on the subject property containing approximately 0.03 acres. BACKGROUND The subject property is located within the Downtown Master Plan area at the southeast comer of South Street and Locust Avenue, and is developed for a single family residence. The surrounding land use consists of single family residences. There is an approximately 9-foot wide strip of un-constructed right-of-way along the property's Locust Street frontage that is requested to be vacated (0.03 acres). Locust Street currently has 60 feet of existing right-of-way and is designated as an ST-45 Street in the Master Street Plan requiring only 45 feet of right-of-way. The subject area of right-of-way is not anticipated to be needed by the City for transportation purposes because 22.5 feet from centerline right-of-way for Locust Street would remain in accordance with the Master Street Plan's designation of Locust as an ST-45 Street. The applicant's request is to vacate the excess right-of-way for Locust Street along their western property line, reducing the right-of-way width to 22.5 feet from centerline, consistent with the Master Street Plan. The applicant's intent is to construct an addition onto their home into a portion of this area of the site. 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 11, 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 11-3785 SUBMITTED BY KRISTEN KNIGHT FOR PROPERTY LOCATED AT 221 WEST SOUTH STREET TO VACATE A PORTION OF AN UN- CONSTRUCTED RIGHT-OF-WAY,A TOTAL OF 0.03 ACRES. 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 un-constructed 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 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 EXHIBIT "A" R/W VACATION EXHIBIT I 1. . , . . . . . . . . . . . OP 4 Y P.. rnXK bw el PAid 1O 1 II —._ l w.A'IQII�0TI C5ARmA —� A.1rIlALT �1�4Y R.9Y-! 1 NFIC 1R .X r�r=Ir'I•.�11��11'I'..1- r..•.. •.;III�I..r�.r �� A -A .11-11�- #..rr 'Ifl'1lN[IN II+ \4 .I'.IN IIiL I•. . f �lj5X911'1! N y@N,R=11!-w TIL- 'ALLh :I([APItAN1Y IM 41:111 r1.n .kf: l]Nd'i31ti * 'TAil.11l WkM1T111REO Ik O el f M.PP AIY I)I kT F11.. In •"` �- _I..� - iu1-- S alp . 5r I IJ rxa1. nwkrL ' ■� _ nm _ M 'In>tixb.a',V I : ! and lll•...Nlbm 9r il' It X11111, •i lrl'I I:`11 /rv..l •1 :IPI .( r I NLA111- / IlUAiI fit NIS I al ' �lF= -1kar aa9 titin_"1 Y•. ��� /� I nY _f... - •vlPl—ili..rn fx r.l.n-_..Lcr�� nr �I.r ♦ - I EIMu.us } 'I PARCH. JCRESlrfQ-000 ulu-114". N.r Xl-1 .keonR tl� �11 0.19 ACRES a/_ u1O165n'f)Jlu lAf1AlMl 911E WOOz Or nv ArO l:A1Ul O R&AROV`OREATRIIIIIIl4 Y FI(.TNT jl �.' AVG 9111 Nr! NWr\A InIN.luu-w T4 1 l -r 'L"Iwr i• I In.Y!1111cC.vlN lnr 11 / �I v.—_i PiRniLL1•N T5 R1cnl.n-u 1t Irw1 wIN' I` • I_ 1 (II IY Irh::l.1.1` \IYIAf:Ir r'+11R,I I'll.l rrer',A .., . «„ / 1 - v IISAf N.T.S. .II I-.M .. .r P.li'NIr� Y'r I Nom•�. .. Nsvt]'.Il'E ~ a Ceti, . �� FFGI)FTAIIQI 11 br,[_i_I 51'Y.11'Ijl'11 l'ulll Gl§n AI'.WI=Iii'13[II�611111fYAll iJhAl<IIM-nl-t lli x v SUfr11EAST IJIIARTER OF 9 79PN 1e,711N N5111P 1n I NIMUNI.PAPFUL I WEST,WASIIIAYiIM(Y)IINfY. ARKANSAS,PFING SPORE PARTCULARLY Q 30 60 9o• MCIURM AS FOLLPOA y TO-WIT NFGINN'I,V(i A T A 1`OR"i N'NI:TI Iti tiNY'S1'll'W 75 W PE T11L NORTII2AST CUkNPq 9N FA:D%!RTV n!R!Tk.Ac" ANII NIM11VG Tlif1[Lf SIIO'N SJ"H'1 VI f I'.'111'X'9 1 I.N\VI Ilr'V.\I 1:11Y I I Il I SPl"JU Iv 9AI'. Ell 111111SPF VIl, lua.•.up Tl'FNC4 N0.9.11'A Ell 1'TNrl11E P(IINT O! NI V'MNM9 LVNTAIMN(IOv1 At PE5 MpNk l!P LfNG "ILL n1f LI.1TI(1\'IIF OIII TIS SINM N IIkAI n'N A".."' %'I( N!IY..11X11 ,Rf FR.:.M rrxifA\'1l)k\'1!T HI I'!.F '. _ (rR.R. I A'It.Rl11AA1.. OR OR IIY 11X1• II! f PRI� T ''Fl, AS'O11 AIAYFNKfIN:RP R,U' 10F') II Tl1IT11JI LT AYI lN! tit"r I1= t gfRT'MnP Nlll 1101111I: e f I trEiNh •,,..� iY � KRISTEN KNIGHT BHt95& -- on AssoClates.Inc n rrl f LIVP11 r thA e.bsla&Lw ycE _• u rL rrrr¢NN. IaAexA., ""1"F r Ivw1 ¢ 'A EXHIBIT "B" VAC 11-3785 LEGAL DESCRIPTION (PORTION TO BE VACATED A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16,TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S89053'41"W 175.99' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S00004'54"W 150.21', THENCE S89052'43"W 9.41', THENCE N00°27'52"E 150.22', THENCE N89°53'41"E 8.41' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES MORE OR LESS. Tye eel le PC Meeting of April 11, 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: Nfafeti.rl oi0?4'-7 Updated April 14, 2011 VAC 11-3785: Vacation (221 W. SOUTH ST./KNIGHT, 523): Submitted by KRISTEN KNIGHT for property located at 221 W. SOUTH STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.18 acre. The request is to vacate 0.03 acres of un-constructed right-of-way. Planner: Andrew Garner Findings: Property Description and Background: The subject property is located within the Downtown Master at the southeast corner of South Street and Locust Avenue, and is developed for a single family residence. The surrounding land use consists of single family residences. There is an approximately 9-foot wide strip of un-constructed right-of-way along the property's Locust Street frontage that is requested to be vacated (0.03 acres). Locust Street currently has 60 feet of existing right-of-way and is designated as an ST-45 Street in the Master Street Plan requiring only 45 feet of right-of-way. The subject area of right- of-way is not anticipated to be needed by the City for transportation purposes because 22.5 feet from centerline right-of-way for Locust Street would remain in accordance with the Master Street Plan's designation of Locust as an ST-45 Street. Request: The applicant's request is to vacate the excess right-of-way for Locust Street along their western property line, reducing the right-of-way width to 22.5 feet from centerline, consistent with the Master Street Plan. The applicant's intent is to construct an addition onto their home into a portion of this area of the site. Right-of-way Vacation Approval: The applicant has submitted the required right-of-way vacation notification forms to the utility companies and to the City with the result summarized below. G:\ETC\Development Services Review\20110evelopment Review\11-3785 VAC 221 W South St(Knight)\03 Planning Commission\04-1 1-1 1\Comments and Redlines UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3785 to the City Council with a recommendation for approval subject to the following condition: 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 ❑ Tabled Date: April 11,2011 Motion: Winston Second: Cook Vote: 6-0-0 Note: GAETC\Development Services Review\2011\Development Review\11-3785 VAC 221 W South St(Knight)\03 Planning Commission\04-11-11\Comments and Redlines March 2,2011 Fayetteville Planning Commission 100 W.Mountain Street Fayetteville,AR 72701 RE: RIGHT OF WAY VACATION FOR 221 W. SOUTH ST. Dear Commissioners, In preparation for the restoration and addition to our 1923 home on the corner of South St. and Locust Ave, we had a survey prepared by Bates Engineering. Our survey indicated that the Right of Way along Locust Ave is 60' which places the property line well beyond the existing fence we had intended to replace with a privacy fence during the renovation. We had planned the addition along the West side that faces Locust Ave so to avoid an existing sewer line that runs across this property just South of the existing 960 SF home. Based on the width needed for the addition to work and the angle the home sits in respect to the ROW line,the front corner of the proposed addition exceeds the current Right of Way by approximately one foot. The proposed land to be vacated is a sloped area that contains no utilities. We request that the Right of Way along Locust Avenue be reduced to the Master Street Plan recommendation of 45'. We appreciate your consideration on this issue. Sincerely, Kristen Knight and Gill 221 W.South St. Fayetteville,AR 72701 Petition to Vacate a Right of Way PETITION TO VACATE A RIGHT OF WAY LOCATED IN PT Lot 150 x 150 Block 1 Mccrimmons Addition, 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 Right of Way hereinafter sought to be abandoned and vacated, lying in, PT Lot 1 50 x 150 Block 1 McCrimmons Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a Right of Way which is described as follows: LEGAL DESCRIPTION (PORTION TO BE VACATED): A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S89053'41 "W 175.99' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S00004'54"W 150.21', THENCE S89°5243 "W 9.41', THENCE N00°27'52"E 150.22', THENCE N89053'41 "E 8.41' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES MORE OR LESS. There are no adjacent property owners that will be affected by the Vacation of this Right of Way. The public interest and welfare would not be adversely affected by the abandonment of the portion of the above described Right of Way. 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 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, subject to said utility and sewer easements, and that title to said real estate sought to be 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 alley. Dated this 2 day of March 2011 Kristen Knight Printed Name Signature Jason Gill Printed Name Signature 221 W. South St. Vacation of ROW UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/22/I1 UTILITY COMPANY: L'r , !4 ?- . 1 � .fi APPLICANT NAME: Kristen Knieht APPLICANT PHONE: 479-409-7834 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 —X 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*?) 221 W. South St. Fayetteville, AR 72701 Survey and legal description attached UTI LITY COMPANY COMMENTS: objections to the vacadon(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 tility Company Represents " e ��5, SPaGtllcti �t AC. Title 221 W South SG Vacation of ROW UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/22/11 UTILITY COMPANY: APPLICANT NAME: Kristen Kniaht APPLICANT PHONE: 479-409-7834 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 —X 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**) 221 W. South St. Fayetteville, AR 72701 Survey and legal description attached UTILITY COMPANY COMMENTS: QNo 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: Title 221 W. South St Vacation of ROW DATE: 2/22111 UTILITY COMPANY: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS COX COMMUNICATIONS APPLICANT NAME: Kristen Knight _ _ _ APPLICANT PHONE: 479-409-7834 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 —X 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") 221 W. South St. Fayetteville, AR 72701 Survey and legal description attached 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: ANY DAMAGE OR RELOCATION OF EXISTING FACILITIES WILL BE AT THE DEVELOPER'S EXPIENCE. S m C of Utility Company Representative FIELD ENGINEERING Title 291 IV.. South A Vaaaian of ROIY UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/22/ 1 1 UTILITY COMPANY: iTl � l APPLICANT NAME: Kristen IGtiaht APPLICANT PHONE: 479-409-7934 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 —X Street right-of-way l have been notified of the petition to vacate the following (alley, emement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") 221 W. South St. Fayetteville, AR 72701 Survey and legal description attached 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: p�t7 p Signature of Utility Company Representative C S2 -DSIGn1 LNG1r.SQEVL Title 72/ it'. Sulah S, Vararl,ui I KOn' UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY BASEMENT VACATIONS DATE: 2122/11 UTILITY COMPANY: C P Sw E PG4 APPLICANT NAME: Kristen Knight APPLICANT PHONE: 479-409-7834 REQUESTED VACATION (applicant must check aft that apply): — Utility Easement — Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. — Alley —X Street right-of-way I have been notified of the petition to vacate the following (alle), easement, right-of-way), described as follows: General location /Address (referring to attached document- must be completed") 221 W. South St. Fayetteville, AR 72701 Survey and legal description attached 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: Signs of Utility Representtati n�rcf,�,'�Ier,. Evta;azeer Title 221 W. Sma6 St. Vacation of ROW UTILITY APPROVAL, FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/22/ I I UTILITY COMPANY: ilk' S Wt4 r 11 4—"— APPLICANT NAME: Kristen Knight_ APPLICANT PHONE:479-409-7S34 REQUESTED VACATION (applicant must check all that applv): — Utility Easement Right-of-way for alley ov streets and all utility easements located within the vacated right- of- way. — Ailey —X Street right-of-way I have been notified of the petition to vacate the following (alle.i, msemenl, right-of-wur), described as follows: General location / Address (referring to attached document- must be completed''") 221 W. South St. Faveneville, AR 72701 Survey and legal description attached 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 pnrpcse below.) • No objections provided the following conditions are met: a=a�D a �. . F P - SiDlature of Milk -cr :it Representative/ I Title 221 W Saurh St. Vacwo,t of HOW UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/22/11 UTILITY COMPANY: C/ Z Ar F—K S �_:-LYC-rk iG- APPLICANT NAME: Kristen Knight APPLICANT PHONE: 479A09-7834 REQUESTED VACATION (appUcant 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 -X 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- most be completed-**) 221 W. South St. Fayetteville, AR 72701 Survey and legal description attached UTILITY COMPANY COMMENTS No objections to the vacation(s) described above. No objections to the vacition(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 Qf U&lity-Company Representative r ,4eaaf 5>t t.k,N1 T-ec- Title 221 W. South St Vacation fROW UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2122111 UTILITY COMPANY: �7(5 i ; l �-.�. � i ,�C' ' t i'-.t l- `,i_ �i . o- APPLICANT NAME: Kristen Knight APPLICANT PHONE: 479-409-7834 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 —X 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**) 221 W. South St. Fayetteville, AR 72701 Survey and legal description attached UTILITY COMPANY COMMENTS: • I No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (Slate the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Utility Company Representative Title 221 W. South St. Var lon ofROW R/W VACATION EXHIBIT r 'Rm �PHALT WID We tAI d0 NE WICKER swimmil. SIRM70ST6 S W5111 w 1-16-N R-iRRW T 12 7 47 ;3 I IF l,f ETAR ETAR.fIj In I,fjlr 1111IT'- I - xx y DETAIL01 NTA J— f - IT nl 1.1 1 .II. I T lil aR. 1 1 1 I. ITN K P 1, If , If 111, 1, C,l 1,1111� IT 01' lf'� PARCEL 1765-08242-000 T, li� 11 if ITT I 1 1" 91 •41 I 0.19 ACRES ; , 11111 i ic # 11, 11 TI I 1,:lard:: T.1111 I � t 1,�T 11 If I IT I I I TjIf, T'1161�11 W', T,lf- I I I T -[I. -�I ,, ( 111-34 - 1� 11 1 -.11 I FIT 11 "IN A iT I 'T V I , T I I Jl F alE SG F, , I "T, IT T� , , ' I if if LOAL OF M-RU•rR)% ITO R I ON 3 1) NE I Il A 11:11 kPAR1 OF7lIESOUTIIWESTQUARlEROFIHF OUTIICASTQUARTER OFSEC71ON 1,1NllNSFIIPF, �IRI 11, RAN GFl 30 AUFT, WA9LI COUNTY, RKANSAS, BEING MORE PARTICULARLY '151RI.1411ASIOLLOIS,lO WIT BEGINNINGATA OTWINNICHISSW53-41"N 17599'FROM FHE 41IRTNEAST CORNER OF SAID FORTY ACRE TRACI INT) RUNNING THENCE S(Fi TRIC1, S9'3243'%9 4l',THENCE NW-27'52'F,"012, IIENCENWN'53-WERIl TONFPOMT01 DINN ING, ES VICINITY MAI' KRISTEN KNIGHT IIL el akin e oRi`Al;-G) - IS TS T IT -2 11 1 SEE DETAIL (2) IN 89*52-73� L 0. 30' 60, go, I � 1111111t G-iS' Tl "I'll 11 T, III `1 F 1IF, I {IT N IF UT I 111 -S SHi 11 NSF I I I , F T1.11 1 I11`11 4FL, F, -T IF NI F IF I P II ROIND, ikl,.FNINCT- lill-ILM 1 1111111'21, IN TH., PLAT. AS 11 S11- I , I , IF,l TLAI ki 6' ' IT- INII I 3F (IIIN I NT F, I, IT I 1 11 11011 10 NN", -vo Fr IT TV I ' TNO I U-1, , "PLAT,,, , TI I F 1 -1 F 11 F DI IT 111 0 VIA 4 1 7 r 9b ST 45 8/10/9 Design Service Volume: < 300 vpd Traffic Lanes: One 10' lane, one 9' lane Parking: One 8'lane Paved Width: 28'from face of curb Right of Way: 45' Sidewalks: Both sides of street, min. 8' wide with grated tree wells against curb Greenspace: Both sides of street, tree wells 9 b sT 4-5 5/10/9 DUp STREET TWO LANE URBAN MPIAk M' s i VAC 11-3785 Close Up View Leg KNIGHT V 1 SUBJECT PROPERTY ; M$G VAC11-3785 R ..........Muti-Use Trail (Existing) Futon Trails - Hillside -Hilltop Ovi rlay District Design Overlay Di tricl Design Overlay Di trict ------ Planning Area 0 37.5 75 150 225 300 Fayetteville Feel I ApA VAC11-3785 Close Up View SOUTH ST .m� KNIGHT VAC11-3785 ....... Muti-Use Trail (Existing) Future Trails — Hillside -Hilltop [_ _! Design Overlay Design Overlay ------ Planning Area = Fayetteville District 0 37.5 75 150 225 300 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 727011 PO Box 1607. 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED MAY 2 5 ?011 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 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 Favetteville- Ordinance 5405 Published May 19, 2011 Publication Charge : $ 71.33 1 , Signed: v} Uu. Subscribed and sworn to before me Thisl `i day of dry , 2011. Notary Public My Commission Expires: t ).A 1 do VAVrr�rxr�YC AV. AN ORDINANCE APPROVING VAC 11-3785 AN ORDINANCE BY 10iISTEN KNIGHT FOR PROPERTY �/� LOCATED AT 221 WEST SOUTH STREET TO G C VACATE A PCFMON OF AN 11N-CONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 0.03 ACRES. AaxaxsAs WHEREAS, the O ty Coundl has the authority, uncer AC.A. § 14-54-104 to 4acate Ruollc grounds a pmtlmis theraf which are not required for corporate purposes; and WHEREAS, the City Cuundl has determined that the fcllowiag described portion of the un- aarnmu ded right-of.way is Trot required for corporate purposes; NOW, THEREFORE, BE R ORDAINED BY THE CI7Y COUNCIL OF THE CRY OF FAYETTEVILLE, ARKANSAS: Season 1. That the City Cwrol of the City W Fayetteville, Arkansas hereby vacalea end abw&m the following right -of -Wiry as descrbed in Exhibit B attached]. Se"on 2. That a copy of this Ordinance, duty cer ied by the City Clerk along with the mein attached and IabeNU f)&ft A shall be filed lo the olece of ale Renorder of the candy and ra=dled In the Deed Records of the County. Section A That this veceuun approval Is wblect to the following Condition of Approval and Shell nol be in offal "no 11i8 nmdition Is met: 'Wry rafmfion of ex)stieg u Ilea shall be at the owner/developer's expense.' A PASSED and APPROVED fNe 3d day of May, 2011. M1 APPRDVEp: ATTEST: BY: ' By: UONELD JORDAN, Mayor SONDRA E SMITH, Coy Cle WTreasmor Exhibits ror me bnfirance may be viewed in the oHce of the City Cierk/Treeaurer Do not pay from Affidavit, an invoice will be sent