HomeMy WebLinkAboutOrdinance 5422 DocID: 014157940003'.Yype..REL
Kind: ORDINANCE
Fee rdeAmtE 08 00 2011 1t 08352:57 PM
Nashincton Countv.POCIAR
Bette Stamcs Circuit Clerk
File2011.00022956
ORDINANCE NO. 5422
AN ORDINANCE APPROVING VAC 11-3861 SUBMITTED BY H2
ENGINEERING FOR PROPERTY LOCATED AT 1528 NORTH GARLAND
AVENUE TO VACATE TWO PORTIONS OF A UTILITY EASEMENT, A
TOTAL OF 190 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 portions 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 portions of one platted 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 Condition of Approval and shall
not be in effect until the condition is met herein.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this 19th day of July, 2011. TR
APPROVED: ATTEST:
'c ;FAYETTEVILLE; 3
s,�9s qRK NSpS.�'Z
a
By: By: �'y/NG A..oGOJsq�
lY �LD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer °,r,,,,�
au
EXHIBIT "A"
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13 GARLAND TO WNHOMES
EASEMENT VA CA TION EXHIBIT
EXHIBIT "B"
VAC 11-3861
UTILITY EASEMENT VACATION "A" DESCRIPTION
PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 16
NORTH,RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1/4 OF
THE NORTHWEST 1/4 BEING A FOUND MAG NAIL AT THE INTERSECTION OF WEST
SYCAMORE STREET AND NORTH GARLAND AVENUE; THENCE S02°37'04"W,ALONG THE
WEST LINE OF THE ABOVE SAID SECTION 9,A DISTANCE OF 760.34 FEET;THENCE
S87°27'46"E, LEAVING THE ABOVE SAID WEST LINE,A DISTANCE OF 61.08 FEET;THENCE
S02°32'14"W, A DISTANCE OF 52.64 FEET TO THE TRUE POINT OF BEGINNING BEING THE
NORTHWEST CORNER OF THE FRONT ROOFLINE OF AN EXISTING BUILDING; THENCE
S87°27'40"E,ALONG THE NORTH LINE OF THE ABOVE SAID ROOFLINE,A DISTANCE OF
145.63 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID ROOFLINE; THENCE
S02°32'14"W,A DISTANCE OF 0.86 FEET TO A POINT ON THE SOUTH LINE OF A 30'UTILITY
EASEMENT DESCRIBED IN FILE#23-367; THENCE N87°27'40"W, ALONG THE ABOVE SAID
SOUTH LINE OF A 30' UTILITY EASEMENT,A DISTANCE OF 145.63 FEET; THENCE
NO2°32'14"E,A DISTANCE OF 0.86 FEET TO THE POINT OF BEGINNING AND CONTAINING
125 SQUARE FEET,MORE OR LESS.
UTILITY EASEMENT VACATION "B" DESCRIPTION
PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9,TOWNSHIP 16
NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WAS1IINGTON COUNTY,ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1/4 OF
THE NORTHWEST 1/4 BEING A FOUND MAG NAIL AT THE INTERSECTION OF WEST
SYCAMORE STREET AND NORTH GARLAND AVENUE;THENCE S02°37'04"W,ALONG THE
WEST LINE OF THE ABOVE SAID SECTION 9, A DISTANCE OF 760.34 FEET;THENCE
S87°27'46"E,LEAVING THE ABOVE SAID WEST LINE,A DISTANCE OF 249.55 FEET; THENCE
S02°32'14"W,A DISTANCE OF 23.51 FEET TO THE TRUE POINT OF BEGINNING BEING THE
NORTHEAST CORNER OF THE 30' UTILITY EASEMENT DESCRIBED IN FILE#23-367;
THENCE S02032'04"W,ALONG THE EAST LINE OF THE ABOVE SAID 30' UTILITY
EASEMENT, A DISTANCE OF 49.63 FEET;THENCE N87°27'56"W, A DISTANCE OF 1.26 FEET
TO A POINT ON THE WEST ROOFLINE OF AN EXISTING BUILDING; THENCE NO2°25'00"E,
ALONG THE ABOVE SAID WEST ROOFLINE,A DISTANCE OF 49.63 FEET TO A POINT ON
THE NORTH LINE OF THE ABOVE SAID 30'UTILITY EASEMENT; THENCE S87027'40"E, A
DISTANCE OF 1.36 FEET TO THE POINT OF BEGINNING AND CONTAINING 65 SQUARE
FEET,MORE OR LESS.
41`asni� gt�n�oui^,?y,AR
I certifyy this instrument was filed on
08/15)2011 03:52:57 PM'
and recorded in Real Estate
File Number 2011-00022956
Bette Stamps- Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/19/2011
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
VAC 11-3861: Vacation (1528 North Garland Avenue, 405): Submitted by H2 ENGINEERING, INC. for property
located at 1528 North Garland Avenue. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24
UNITS/ACRE. The request is to vacate two separate portions of a utility easement.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
I.61 A.,<c.tfUlr- oll-u_gou Previous Ordinance or Resolution#
Department D:; Original
Dale
/` ! Contract Date:
_�_Z
Original Contract Number:
City Atlo ey Date
JU 7-S-20 t ti
Finance and Internal Services Director Date Received in City
Clerk's Office
Chief 4 Sta y Date EHf E
Received in r/�
Mayor's Office (/
M or94te
Comments:
Revised January 15,2009
Tay� evi THE CITY OFFAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
AflKA N5 A5
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council �p
Thru: Jeremy Pate, Development Services Director U`
From: Dara Sanders, Current Planner
Date: June 29, 2011
Subject: VAC 11-3861 (1528 North Garland Easement Vacation)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating two separate portions of a utility casement
containing 125 square feet and 65 square feet.
BACKGROUND
The subject property is located on Garland Avenue, south of Sycamore Street, and contains approximately 0.73
acre. On June 2, 2009, the Planning Division approved a Site Improvement Plan application (SIP 09-3279) on
the subject property for two multi-family structures containing a total of 11 dwelling units and associated
parking, and a building permit was issued in August of 2009 for construction of the development. During its
construction, the property was foreclosed and all work on the site ceased, leaving a majority of the
infrastructure to be installed, the parking lot to be paved and striped, and the interior of the buildings to be
completed. The property was recently purchased from the bank by the current property owner, and a new survey
of the property shows that the two substantially completed buildings encroach into a utility easement located
internal to the site, as indicated on the most recent survey included in this packet.
DISCUSSION
On June 27, 2011, the Planning Commission forwarded this item to the City Council with a recommendation for
approval with a vote of 6-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 11-3861 SUBMITTED
BY H2 ENGINEERING FOR PROPERTY LOCATED AT 1528
NORTH GARLAND AVENUE TO VACATE TWO PORTIONS
OF A UTILITY EASEMENT, A TOTAL OF 190 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 portions 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 portions of one platted 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 Condition of Approval and shall
not be in effect until the condition is met herein.
"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"
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GARLAND TOWNHOMES
EASEMENT VA CA TION EXHIBIT
EXHIBIT "B"
VAC 11-3861
UTILITY EASEMENT VACATION "A" DESCRIPTION
PART OF T14E NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9,TOWNSHIP 16
NORTH, RANGE 30 WEST,CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1/4 OF
THE NORTHWEST 1/4 BEING A FOUND MAG NAIL AT THE INTERSECTION OF WEST
SYCAMORE STREET AND NORTH GARLAND AVENUE; THENCE S02°37'04"W, ALONG THE
WEST LINE OF THE ABOVE SAID SECTION 9, A DISTANCE OF 760.34 FEET; THENCE
S87°27'46"E,LEAVING THE ABOVE SAID WEST LINE,A DISTANCE OF 61.08 FEET; THENCE
S02-32'14"W, A DISTANCE OF 52.64 FEET TO THE TRUE POINT OF BEGINNING BEING THE
NORTHWEST CORNER OF THE FRONT ROOFLINE OF AN EXISTING BUILDING; THENCE
S87°27'40"E,ALONG THE NORTH LINE OF THE ABOVE SAID ROOFLINE, A DISTANCE OF
145.63 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID ROOFLINE; THENCE
S02°32'14"W,A DISTANCE OF 0.86 FEET TO A POINT ON THE SOUTH LINE OF A 30' UTILITY
EASEMENT DESCRIBED IN FILE#23-367; THENCE N87°27'40"W, ALONG THE ABOVE SAID
SOUTH LINE OF A 30'UTILITY EASEMENT, A DISTANCE OF 145.63 FEET; THENCE
NO2°32'14"E,A DISTANCE OF 0.86 FEET TO THE POINT OF BEGINNING AND CONTAINING
125 SQUARE FEET,MORE OR LESS.
UTILITY EASEMENT VACATION "B" DESCRD'TION
PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 16
NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1/4 OF
THE NORTHWEST 1/4 BEING A FOUND MAG NAIL AT THE INTERSECTION OF WEST
SYCAMORE STREET AND NORTH GARLAND AVENUE; THENCE S02°37'04"W, ALONG THE
WEST LINE OF THE ABOVE SAID SECTION 9,A DISTANCE OF 760.34 FEET; THENCE
S87°27'46"E, LEAVING THE ABOVE SAID WEST LINE,A DISTANCE OF 249.55 FEET; THENCE
S02°32'14"W, A DISTANCE OF 23.51 FEET TO THE TRUE POINT OF BEGINNING BEING THE
NORTHEAST CORNER OF THE 30'UTILITY EASEMENT DESCRIBED IN FILE#23-367;
THENCE S02032'04"W, ALONG THE EAST LINE OF THE ABOVE SAID 30' UTILITY
EASEMENT,A DISTANCE OF 49.63 FEET; THENCE N87°27'56"W, A DISTANCE OF 1.26 FEET
TO A POINT ON THE WEST ROOFLINE OF AN EXISTING BUILDING; THENCE NO2"25'00"E,
ALONG THE ABOVE SAID WEST ROOFLINE, A DISTANCE OF 49.63 FEET TO A POINT ON
THE NORTH LINE OF THE ABOVE SAID 30'UTILITY EASEMENT; THENCE S87°27'40"E, A
DISTANCE OF 1.36 FEET TO THE POINT OF BEGINNING AND CONTAINING 65 SQUARE
FEET, MORE OR LESS.
Taye eve e PC Meeting of June 27, 2011
AFKANSRS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Data Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: une '� ^� -ter Updated June 29, 2011
VAC 11-3861: Vacation (1528 N. GARLAND/GARLAND TOWNHOMES, 405): Submitted
by H2 ENGINEERING, INC. for located at 1528 NORTH GARLAND AVENUE. The property
is zoned RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE and contain
approximately 0.73 acre. The request is to vacate a portion of two utility easements.
Planner:Dara Sanders
Findings:
Property Description and Background: The subject property is located on Garland
Avenue, south of Sycamore Street, and contains approximately 0.73 acre. On June 2,
2009, the Planning Division approved a Site Improvement Plan application(SIP 09-3279)
on the subject property for two multi-family structures containing a total of 11 dwelling
units and associated parking, and a building permit was issued in August of 2009 for
construction of the development. During its construction, the property was foreclosed and
all work on the site ceased, leaving a majority of the infrastructure to be installed, the
parking lot to be paved and striped, and the interior of the buildings to be completed. The
property was recently purchased from the bank by the current property owner, and a new
survey of the property shows that the two substantially completed buildings encroach into
a utility easement located internal to the site, as indicated on the most recent survey
included in this packet.
Request: The applicant's request is to vacate two separate portions of the existing utility
easement to accommodate the substantially complete buildings, 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
G:\ETC\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
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 11-3861 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 ❑ Tabled
Date: June 27, 2011
Motion: Winston
Second: Chesser
Vote: 6-0-0 (Commissioner Hoskins arrived after this vote)
Note: Forwarded on the consent agenda
GAETC\Development services Review\2011\Development Review\11-3793 VAC N.side of Douglas St(U of A
Easement)\03 Planning Commission\03-28-2011\Comments and Redlines
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GARLAND TO WNHOMES
i4i.r F
J EASEMENT VA CATION EXHIBIT
V -
ENGINEERINO. INC.
May 18, 2011
City of Fayetteville
Planning Department
113 West Mountain St.
Fayetteville, AR 72701
RE: GARLAND TOWNHOMES
UTILITY EASEMENT VACATION
Dear Ms. Sanders,
Attached, please find our submittal package for a utility easement vacation for the Garland
Townhomes project. Our submittal package is complete; however, there are a few items from the
checklist which are not included, as they are not needed. Following is a description of those
items:
Item 7 — Abstractor's Certificate of Ownership of Adjacent Property Owners — The requested
easement to be vacated is interior to the site, meaning that the only property owner adjacent to the
easement is Henry Jordan, the owner making the vacation request. No Abstractor's Certificate is
necessary.
Item 10 — Certificate of Mailing — Adjacent Property Owner Notification — The requested
easement to be vacated is interior to the site, meaning that the only property owner adjacent to the
easement is Henry Jordan, the owner making the vacation request. No Adjacent Property Owner
Notification is necessary.
Item 11 — Written Consent for Alley / Right -of -Way Vacation — Not required for Easement
Vacations.
Please feel free to call if you have any questions or need additional information. Thank you for
your consideration of this request.
Respectfully,
4i�—
Jeremy Thompson, P.E.
Vice President
Utility Easement Vacation "A" Description
Part of the Northwest 1/4 of the Northwest 1/4 of Section 9, Township 16 North, Range
30 West, City of Fayetteville, Washington County, Arkansas being more particularly
described as follows:
Commencing at the Northwest corner of the above said Northwest 1/4 of the Northwest
1/4 being a found Mag nail at the intersection of West Sycamore Street and North
Garland Avenue; thence S02°37'04"W, along the West line of the above said Section 9, a
distance of 760.34 feet; thence S87°27'46"E, leaving the above said West line, a distance
of 61.08 feet; thence S02032'14"W, a distance of 52.64 feet to the True Point of
Beginning being the Northwest comer of the front roofline of an existing building; thence
S87°27'40"E, along the North line of the above said roofline, a distance of 145.63 feet to
the Northeast corner of the above said roofline; thence S02°32'14"W, a distance of 0.86
feet to a point on the South line of a 30' Utility Easement described in File #23-367;
thence N87°27'40"W, along the above said South line of a 30' Utility Easement, a
distance of 145.63 feet; thence NO2°32'14"E, a distance of 0.86 feet to the Point of
Beginning and containing 125 square feet, more or less.
Utility Easement Vacation "B" Description
Part of the Northwest 1/4 of the Northwest 1/4 of Section 9, Township 16 North, Range
30 West, City of Fayetteville, Washington County, Arkansas being more particularly
described as follows:
Commencing at the Northwest corner of the above said Northwest 1/4 of the Northwest
1/4 being a found Mag nail at the intersection of West Sycamore Street and North
Garland Avenue; thence S02137'04"W, along the West line of the above said Section 9, a
distance of 760.34 feet; thence S87°27'46"E, leaving the above said West line, a distance
of 249.55 feet; thence S02°32'14"W, a distance of 23.51 feet to the True Point of
Beginning being the Northeast corner of the 30' Utility Easement described in File #23-
367; thence S02°32'04"W, along the East line of the above said 30' Utility Easement, a
distance of 49.63 feet; thence N87°27'56"W, a distance of 1.26 feet to a point on the
West roofline of an existing building; thence NO2°25'00"E, along the above said West
roofline, a distance of 49.63 feet to a point on the North line of the above said 30' Utility
Easement; thence S87°27'40"E, a distance of 1.36 feet to the Point of Beginning and
containing 65 square feet, more or less.
PETITION TO VACATE
PETITION TO VACATE A UTILITY EASEMENT LOCATED INTERIOR TO THE
PROPERTY AT 1528 N. GARLAND 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 interior to the property at 1528 N. Garland Ave., City
of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement, which is
described as follows:
Utility Easement Vacation "A" Description
Part of the Northwest 1/4 of the Northwest 1/4 of Section 9, Township 16 North, Range 30
West, City of Fayetteville, Washington County, Arkansas being more particularly described
as follows:
Commencing at the Northwest corner of the above said Northwest 1/4 of the Northwest 1/4
being a found Mag nail at the intersection of West Sycamore Street and North Garland
Avenue; thence S02037'04"W, along the West line of the above said Section 9, a distance of
760.34 feet; thence S87027'46"E, leaving the above said West line, a distance of 61.08 feet;
thence S02032'14"W, a distance of 52.64 feet to the True Point of Beginning being the
Northwest corner of the front roofline of an existing building; thence S87027'40"E, along
the North line of the above said roofline, a distance of 145.63 feet to the Northeast corner of
the above said roofline; thence S02°32'14"W, a distance of 0.86 feet to a point on the South
line of a 30' Utility Easement described in File #23-367; thence N87°27'40"W, along the
above said South line of a 30' Utility Easement, a distance of 145.63 feet; thence
N02032'14"E, a distance of 0.86 feet to the Point of Beginning and containing 125 square
feet, more or less.
Utility Easement Vacation "B" Description
Part of the Northwest 1/4 of the Northwest 1/4 of Section 9, Township 16 North, Range 30
West, City of Fayetteville, Washington County, Arkansas being more particularly described
as follows:
Commencing at the Northwest corner of the above said Northwest 1/4 of the Northwest 1/4
being a found Mag nail at the intersection of West Sycamore Street and North Garland
Avenue; thence S02°37'04"W, along the West line of the above said Section 9, a distance of
760.34 feet; thence S87027'46"E, leaving the above said West line, a distance of 249.55 feet;
thence S02°32'14"W, a distance of 23.51 feet to the True Point of Beginning being the
Northeast corner of the 30' Utility Easement described in File #23-367; thence
S02°32'04"W, along the East line of the above said 30' Utility Easement, a distance of 49.63
feet; thence N87027'56"W, a distance of 1.26 feet to a point on the West roofline of an
existing building; thence N02025'00"E, along the above said West roofline, a distance of
49.63 feet to a point on the North line of the above said 30' Utility Easement; thence
S87027'40"E, a distance of 1.36 feet to the Point of Beginning and containing 65 square feet,
more or less.
That the abutting real estate affected by said abandonment of die I lfity F,asemenl is interior to
the property at 1528 N- Garland 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 henef it
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 easemem.
Dated this 18'" day of May , 2011.
HENRYJORDAN
Printed Name
SILilall n'e }
UTILITY APPROVAL, FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE May 11, 2011
UTILITY COMPANY: AT&T
HENRY JORDAN 501-821-6641
APPLICANT NAME: APPLICANT PHONE,
REQUESTED VACATION (applicant mast check all 11ra1 apply):
L tilav Easement
Right-of-way 1'or alley or streets and all utility easements located within the vacated right -of way-
- Allev
Street right -of way
t have been notified ofthc petition to vacate the following (alley, easemem. right-rfvgv), described as follows-
General location / Address (referring to attached document- must be completed")
,, 1528 N. GARLAND AVE.
(ATTACH legal description and graphic represenlarm r gfwhat is being vncaled-SURVE'V)
UTILITY COMPANY CONIMENTS:
• No objections to the vacation(s) described above.
• No objections to dre vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the followine conditions are met
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Title
J„,
PaQ,
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 11, 2011
UTILITY COMPANY: CITY OF FAYETTEVILLE - TRANSPORTATION
APPLICANT NAME: HENRY JORDAN APPLICANT PHONE: 501-821-6641
REQUESTED VACATION (applicant most cheek 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")
*. 1528 N. GARLAND AVE.
(ATTACH legal description jndgraphic representation of what is being vacated-SUR VEF)
UTILITY COMPANY COMMENTS:
(J 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
®}5�1.5T�"��.4�5��2iq� last I�1�rAG�t'L
Title
�-(�I--� tiF rA�-J [t V4LLC
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 11, 2011
UTILITY COMPANY: CITY OF FAYETTEVILLE- SOLIDWASTE
APPLICANT NAME: HENRY JORDAN
REQUESTED VACATION (applicant must check all that apply):
APPLICANT PHONE: 501-821-6641
— 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")
„* 1528 N. GARLAND 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:
i
Signature of Utility Company Representative
Title
hdy 2009
Page 3
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 11, 2011
UTILTTI' CO`•IPANY: COX COMMUNICATIONS
APPLIC.ANTN.AME: HENRYJORDAN APPLICANT PHONE: 501-821-6641
REQUESTED VACATION (appffatatt mast check all Mal apply):
- Utility Easement
- Right-of-way for alley or sheets and all utility easements located within the vacated right- of- way.
- Alley
- Stmetright-of-way
I have been notified of the petition to vacate the following (alley. easement, righl-of-way), described as follows:
General lucation / .Address (referring to attached document- mast be completed")
„ 1528 N. GARLAND AVE.
(ATTACHlegal description aml,;raphic representation of what is being seated-.SURVEI )
UTILITY COMPANY COMN4ENTS:
• No objections to the vncation(s) described above.
• No objections to the vacation(s) clesctibcd above. provided following described eascmcnis arc retained (State
the location, dimensions, and purpose below.)
• No objecfiom p ovided the followim' conditions arc met:
061 of Utility Company Representative
nn�
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 11, 2011
UTILITY COMPANY: CITY OF FAYETTEVILLE - WATER & SEWER
APPLICANT NAME: HENRY JORDAN APPLICANT PFIONE: 501-821-6641
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* *)
* 1528 N. GARLAND 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:
I
P ed /1-Dal
Signature of Utility Cgr6pany Representative
�1 . .�t`-r fr.�•rrr
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DALE: May 11, 2011
UTILITY COMPANY: ARKANSAS WESTERN GAS
APPLICANT NAME: HENRY JORDAN APPLICANT PHONE: 501-821-6641
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**)
** 1528 N. GARLAND 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:
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OIL- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 11, 2011
UTILITY COMPANY: OZARKS ELECTRIC
APPLICANT NAME-: HENRY JORDAN APPLICANT PHONE: 501-821-6641
REQUESTED VACATION (applicant mast check all that apply):
— Utility Easement
— Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
-- Alley
— Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
** 1528 N. GARLAND AVE,
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS: �//*5 /5 /t}
' N ,9ECC
P Sef'VtcP yr•eq No objections to the vacation(s) described above. /n
• 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:
Signatures nUtility Representative
L- e� �fia /r,k.9 / ealti
Title
Aa v 2009
Page 5
VAC1 1-38611 GARLAND TOWNHOMES
Close Up View
a OR
SUBJECT PROPERTY
Y
MALIau ST ` �.
fW42
O
HENDRIX ST
RSF4
Legend
RMR2A
LAWSON ST
--.-.-.. Multi -Use Trail (Existi g)
......... Future Trails
O VAC11-3861
-y KFootprints 2010
- Hillside -Hilltop Overlay District
Design Overlay Di tract
Design Overlay Di 5trict
------ Planning Area
0 37-5 75 150 225 300
Fayetteville Feet
NORTHWEST ARKANSAS OEMOCRATGAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NEWSPAPEI&C THE
NORTH ESTNG ARK OF ROGERARKANSAS
NORTHWEST ARKANSAS TIMES
RENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE. FAYETTEVILLE. ARKANSA572701 1 P a BOX 1607. 72702 1 47 9-442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance 5422
Was inserted in the Regular Editions on:
August 4, 2011
Publication Charges: $ 71.33
Cathy Wiles
Subscribed and sworn to before me
This . l day off 2011.
�2LL N'
Notary Publie `
My Commission Expires:
Ni Aikansas -
r,�.... .... .,. i�., �0 90711
RECEIVED
AUG 1 6 2011
CITY OF FAYETTEVILLF
CITY CLERK'S OFFICE
ORDINANCE NO.NG5Q2
AN ORDINANCE APPROVIVAC OPERl
ED F ��
LOCATED AT 1528 NORTH GAR A14D AVENUE TO
VACATE TWO PORTIONS OF A UPI... EASEMENT.
A TOTAL OF 190 SOU -BE FEET. APKAX4Aa
WNENFJt% the "Ca M tae the aathndty under
A.C.A. $14-84-104 to vacate publb grounds or potions thereof which are not required for
corporate purposes; and
!WHEREAS, the City Council has delermined that the following descabed ponlans of the
plhhed uullty easement Is not required fa corpoato purposes;
NOW, THEREFORE, BE R ORDAINED BY THE CITY COUNCIL OF THE CfTY OF
FAYETTEVILLE, ARKANSAS:
Seollon 1: That the Coy Counal of the City of Rayett"N9. Arkansas hereby vacates and
abandons the following portions of one putted utility easement as dwcdbed In Fxhiblt B
(attached).
Becalm 2: That a copy of this @cnaa,ce duty certified by the City Clark along with the map
attached and labeled EdilbdA shall ba filed In the once of the Reoorder of the Cowty and
recorded In the Dead Records of the County.
Saatfon 8: That this vacation approval is su*ct to the Condition of Approval and shall not
be In effect untll the condition Is met herein.
'Any relocation of existI g utilities shell be at ale owr:er/developer's ezpenve.'
PASSED and APPROVED this 191h day of July. 2011.
APPROVED: ATTEST:
By: By:
LIONEID JORDAN. Maya SONDRA E. SMITH, City Cle kffreasurer
6,1111118 for this ordinance may be viewed h the office of the City CbrWTreasurer.
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.