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HomeMy WebLinkAboutOrdinance 5436 Illlil�liiiilllii�lliilliiiillllllliiiillill6ililiiiilll�llllllllilllllll Doc ID: 014230940003 Type: BEL Kind: ORDINANCE Recorded: 09/30/2011 at 03:20:52 PM Fee Amt: $25.00 Pace 1 of 3 Nashlnoton County. AR Bette Stamps Circuit Clerk File2011-00027481 ORDINANCE NO. 5436 AN ORDINANCE APPROVING VAC 11-3887 SUBMITTED BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2388 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 1,158 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Condition of Approval and shall not be in effect until the condition is met herein. "Any damage or relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 6h day of September, 2011. APPROVED: ATTEST: CUA ��9 ;FAYETTEVILLE; By: By: �/ :�. I NELD J ,Mayor SONDRA E. SMITH Ci 'Clerk/Treasifr S�gRKgNSQ� ���'�.;NGTON���N- EXHIBIT "A" z w II Ta;� qyg� �.c vii rco V� ry0y4 Qhri� ii yon a �U a ' � I '3 Q a I C 1, r 4 41 !lam d J O l' N W gxn� -iia � Wm � MS ri IN lL � W m CI o Y C N aFiy O W � W pp®p� � W s � 'Q 45 JCC Na •.L °by C, it m Zn -d °Nv moo« °�oo,v3� �I 4 y � C _ NWv,a;Nnv �i S b p y o .rvMj W Q$U t O y ti `od o v �CC o 3 0 � C •� W U `Y lfl OUp W to o, �W i ° Cyo q Dy C 2p m W �� LHttN A6 O3/it5 lSV]�V-aluaon lory 5 p15gL SNINYNO OIS9L Y BT EXHIBIT "B" VAC 11-3887 5'GENERAL UTILITY EASEMENT VACATE THE NORTH 5'OF THAT PARTICULAR 20' GENERAL UTILITY EASEMENT PARALLEL WITH THE SOUTH LINE OF LOT 1 OF KUM&GO ADDITION TO THE CITY OF FAYETTEVILLE PER FILE#2011-0008508, IN THE PUBLIC RECORDS OF WASHINGTON COUNTY,ARKANSAS, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A MAG NAIL WITH WASHER(LS 1534)AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE EAST RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 71B, ALSO BEING THE WEST LINE OF SAID LOT 1,NORTH 13°34'32"EAST,A DISTANCE OF 15.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE,NORTH 13°34'32" EAST,A DISTANCE OF 5.08 FEET; THENCE ALONG THE NORTH LINE OF SAID 20'GENERAL UTILITY EASEMENT, SOUTH 86052'59" EAST,A DISTANCE OF 229.49 FEET TO THE WEST RIGHT-OF-WAY OF JANE AVENUE PER SAID KUM&GO ADDITION; THENCE ALONG SAID RIGHT-OF-WAY AND ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 40.00 FEET,AND A CHORD WHICH BEARS SOUTH 30015'54" EAST AND A CHORD DISTANCE OF 5.99 FEET; THENCE ALONG A LINE PARALLEL WITH AFOREMENTIONED NORTH LINE,NORTH 86°52'59" WEST,A DISTANCE OF 233.71 FEET TO THE POINT OF BEGINNING, CONTAINING 1,158 SQUARE FEET OR 0.03 ACRES,MORE OR LESS. Washington County,AR I certify this instrumentwas filed on !, b9/30/2011 03:20:52 PM and recorded in Real Estate File Number 2011-00027481 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/6/2011 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 11-3887: Vacation (2388 N. College Ave./Kum & Go, 405): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 2388 North College Avenue. The property is zoned C-2, THOROUGHFARE COMMERCIAL. The request is to vacate a portion 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 .'AwUkt,• 0 .�L•t,el Previous Ordinance or Resolution# Deparlmen ireclor Date Original Contract Date: Original Contract Number: City Atto ey Date nan a and Internal S ices Director Dae Received in City v I' Clerk's Office �/ ChWY of St Date Received in EIIjERE / Mayor's Office � ? /. Yor D / Comments: Revised January 15,2009 ayer1olTHECITYOFFAPARTEWCO CORRESPONDENCE DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Directord From: Dara Sanders, Current Planner Date: August 12, 2011 Subject: VAC 11-3887 (2388 College Avenue Easement Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a utility easement containing 1,158 square feet. BACKGROUND The subject property is located at the southeast corner of the intersection of Township Street and College Avenue at 2388 College Avenue. On November 8, 2010, the Planning Commission approved a Large Scale Development application (LSD 09-3495) for a 10-pump gas station with a 4,958 sq. ft. convenience store and associated parking. Prior to the issuance of a building permit, the Fayetteville Utilities Department required dedication of a 15-foot sewer easement along the southern property line for an existing sewer line. The applicant proposed and dedicated a 20-foot general utility easement by plat. All building permits were issued for the project and the site is still under construction. Shortly after the site construction began, City inspectors identified a conflict in the location of the underground gas storage tanks and the dedicated 20-foot general utility easement, as the southern portion of the tanks encroach into the northern portion of the utility easement. The applicant's request is to vacate five feet of the general utility easement, which would result in the original easement request of 15 feet. DISCUSSION On August 8, 2011, the Planning Commission forwarded this item to the City Council with a recommendation-for approval with a vote of 7-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3887 SUBMITTED BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2388 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 1,158 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 utility easement 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 damage 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" NNN NN 4 rcu WW Lo OvinC nn lfl © W q i 0 Li ly o, EJ ry A rn Y, `tea Y n h• ! 0 4 o o y[U h c H ro nWQ+t0. Vt.. p Q� y Y O 0 O ? IZ 1 o NwQ t ;W vo ° o;n ao � n� ce"�iC ° ¢ qn ��• w °� t2 .0,C Ot Wv Irchf� �'A� --_ COi [ ♦ tN1YM AB ONvs 15Y7 D.1w O199Z l QOf EXHIBIT "B" VAC 11-3887 5'GENERAL UTILITY EASEMENT VACATE THE NORTH 5' OF THAT PARTICULAR 20' GENERAL UTILITY EASEMENT PARALLEL WITH THE SOUTH LINE OF LOT 1 OF KUM&GO ADDITION TO THE CITY OF FAYETTEVILLE PER FILE#2011-0008508,IN THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A MAG NAIL WITH WASHER(LS 1534)AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE ALONG THE EAST RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 71B, ALSO BEING THE WEST LINE OF SAID LOT 1,NORTH 13°34'32" EAST,A DISTANCE OF 15.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE,NORTH 13°34'32" EAST,A DISTANCE OF 5.08 FEET; THENCE ALONG THE NORTH LINE OF SAID 20' GENERAL UTILITY EASEMENT, SOUTH 86052'59" EAST,A DISTANCE OF 229.49 FEET TO THE WEST RIGHT-OF-WAY OF JANE AVENUE PER SAID KUM&GO ADDITION; THENCE ALONG SAID RIGHT-OF-WAY AND ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 40.00 FEET, AND A CHORD WHICH BEARS SOUTH 30015'54" EAST AND A CHORD DISTANCE OF 5.99 FEET; THENCE ALONG A LINE PARALLEL WITH AFOREMENTIONED NORTH LINE,NORTH 86°52'59" WEST,A DISTANCE OF 233.71 FEET TO THE POINT OF BEGINNING, CONTAINING 1,158 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. • T0"ayetr�vl e PC Meeting of August 8, 2011 KA 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: August 2, 2011 VAC 11-3887: Vacation (2388 N. COLLEGE AVE./KUM & GO, 405): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 2388 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.40 acres. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description and Background: The subject property is located at the southeast corner of the intersection of Township Street and College Avenue at 2388 College Avenue. On November 8, 2010, the Planning Commission approved a Large Scale Development application (LSD 09-3495) for a 10-pump gas station with a 4,958 sq. ft. convenience store and associated parking. Prior to the issuance of a building permit, the Fayetteville Utilities Department required dedication of a 15-foot sewer easement along the southern property line for an existing sewer line. The applicant proposed and dedicated a 20-foot general utility easement by plat. All building permits were issued for the project and the site is still under construction. Shortly after the site construction began, City inspectors identified a conflict in the location of the underground gas storage tanks and the dedicated 20-foot general utility easement, as the southern portion of the tanks encroach into the northern portion of the utility easement. Request: The applicant's request is to vacate five feet of the general utility easement, which would result in the original easement request of 15 feet, 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 G:\ETC\Development Services Review\2011 Wevelopment 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 Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3887 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: ❑ Forwarded ❑ Denied ❑ Tabled Date: August 8, 2011 Motion: Second: Vote: Note: 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 ' Lot 1 � Msg Nail I � r 6J/ /6� 6.S®fK6d6am(/6Jl/ � w/t+'osncr ♦� ' ([5!534) Portion of law A ve9° w Beira Vacated pert Ufi/it0 Easement corms acke 8 This Document sa%sale 5.08' 1,158 Sq. FL t, or 0.03 Aa.t Eorru� Pki rr / S86'52'S9"E 229.49' Sp+n Ne ' R=40.00' ' U)1 C0=53015'54"E CD=5.99' °r FOS N86.52'59"W 233.71' �fl[�l[/11�i1L� 20' Genera/ Utility Easement 5' Easement Vacate20' File - _ ZZ'$,¢,j' 11-000,3506? :/2"Reear \ FO. ' ~ ~-'-- South Line o£Lot 1 (LS rDDSJ N865259"W 7;5 An' 1 SW Cor oe Lot 1 5/6"Rector f / Mog Noil w/Washer (L51534) LEGEND EXISTING 5' General Utility Easement Vacate -------- PROPERTY LINE fie North 5' of that particular 20' General Utility Easement parallel with the South line of Lot ——---- EASEMENT LINE 1 of Kum & Go Addition to the City of Fayetteville per File )2011-0008508, in the public records of Washington County, Arkansas, being described by metes and bounds as follows' FOUND MONUMENT (AS NO7ED) Commencing at o Mog Nail with washer (LS 1534) at the Southwest corner of said Lot 1; T/ Thence along the East right—of—woy of Arkansas State Highway 718, also being the West line PORT/ON TO BE VACATED of said Lot 1, North 133432"East, a distance of 15.25 feet to the Point of Beginning; Thence continuing along sold West line, North 13'34J2"East, a distance of 5.08 feet Thence x along the North line of said 20' General Utility Easement South 865259"East, a distance of 229.49 feet to the West right—of—way of Jane Avenue per said Kum & Go Addition; Thence along said right—of—way and along o curve to the left, having o radius of 40.00 feet, and a chord which bears South 30'1554"East and a chord distance of 5.99 feet Thence along o line parallel with aforementioned North line, North 865259" West, o distance of 233.71 feet to the Point of Beginning, containing 1,158 Square Feet or 0.03 Acres, more or less. b NOTE: It is to be understood that this sketch is _ descriptive only of the size, shape end location of the easement and does not constitute a plat or survey of the Grantors'property. %5i 25 71 F11—OLDS DD RtF KMH ROD 3106 STY Regmry R" Suite 2 Phone 479-273-4472 Sate 1=30' Engineering Associates, Inc. on�E p�/p-s PM ORw CHK RDA TF eenlanMre. AR lens ox 47D-zTa aea o LANDS A ARCHITECTS N RDNMENIAL NR -"� �® Q��Ab1h ofte Averm to W PPM SHEET OF 2 ENOINE£RS PLANNERS SURVEYORS Fayeffevft Arftennm Rev 0 �Tan at exarvttmxe nsswAres ixc. ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 3108 S.W. Regency Parkway, Suite 2 Bentonville, AR 72712 479.273.9472 Fax 479.273.0844 DISTRIBUTION: RER/File May 31, 2011 City of Fayetteville Planning Commission and City Council 113 W. Mountain Street Fayetteville, AR 72701 Attn: Chair of the Board Re: Kum & Go #409 — General Utility Easement Vacation Request 2388 N. College Ave Fayetteville, Arkansas CEI Project No. 26510.0 To the Fayetteville City Planning Commission and City Council: This is a formal request for a vacation of a portion of the general utility easement along south line of Kum & Go property which will be used for the proposed use of a convenience store and permanent fueling station. The area of the easement to be vacated contains no utilities that impact any of the surrounding parcels, the easement was inadvertently dedicated as a 20' easement in plat #2011-0008508 and should have been a 15' wide easement to avoid conflicts with fuel storage tanks. Large Scale Development plans were approved by the City Planning Department (LSD-00- 3495) on November 8, 2010 and shall be considered inclusive of this request. We appreciate your consideration in this matter, and if you have questions or concerns, please do not hesitate to call. Respectfully submitted, R. Erin Rushing, RLA Department Leader CEI Engineering Associates, Inc. Petition To Vacate Onsite General Utility Easement PETITION TO VACATE A General Utility Easement LOCATED ON Plat File #2011-0008508, 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, on Plat File #2011-0008508, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of a general utility easement which is described as follows: 5' General Utility Easement Vacate The North 5' of the particular 20' General Utility Easement parallel with the South line of Lot 1 of Kum & Go Addition to the City of Fayetteville per File #2011-0008508, in the public records of Washington County, Arkansas, being described by metes and bounds as follows: Commencing at a Mag Nail with washer (LS 1534) at the Southwest comer of said Lot 1; Thence along the East right-of-way of Arkansas State Highway 71B, also being the West line of said Lot 1, North 13°34'32" East, a distance of 15.25 feet to the Point of Beginning; Thence continuing along said West line, North 13034'32" East, a distance of 5.08 feet; Thence along the North line of said 20' General Utility Easement, South 86°52'59" East, a distance of 229.49 feet to the West right-of-way of Jane Avenue per said Kum & Go Addition; Thence along said right-of-way and along a curve to the left, having a radius of 40.00 feet, and a chord which bears South 30' 15'54" East and a chord distance of 5.99 feet; Thence along a line parallel with aforementioned North line, North 86°52'59" West, a distance of 233.71 feet to the Point of Beginning, containing Ll58 Square Feet or 0.03 Acres, more or less. That the abutting real estate affected by said abandonment of the general utility easement on Plat File #2011-0008508, City of Fayetteville used by the public, 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, 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 day of June, 2011. Printed Name Signature UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: CWY or F6yLrrr&vi(,Le k,3�-_ APPLICANTNAME: KQM t CEO Le- APPLICANT PHONE: 47`1'2-is.g47z REQUESTED VACATION (applicant must check ll rho! 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") '23599 tJ, c.LueG6 A-ve (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: a- 7' Y; P�»t eer Title July 2009 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: (D - 1. it UTILITY COMPANY: APPLICANTNAME: J�KiN (lt,*HlhlG - CEI APPLICANTPHONE: S-I2,•9472 REQUESTED VACATION (applicant must check gu that apply): X .UtililyEssemem 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- mast be completed**) ** 208 rJ. "LL&GE AVE. FAYC-71WIU-6 AF (ATTACH legal description and graphk representation of what is beiag vacated -SURVEY) %�I-MLITY COMPANY COMMENTS: O/ r Flo objections to the vacation(s) described above. \�0 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 / k.--- — SigneturcofUtility Company Re entalivc Title July 1009 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF. WAY, ALLEY, AND UMM EASEMENT VACATIONS DATE: (0.(. it UTILITY COMPANY: EP'SWICPGC� APPLICANTNAME: j izim A4H1tJ4' Col APPIICANTPHONE: 273.9�72 » x Utility Basement » Right-ofway, for alley or streets and all utility easements located within the vacated right- of- way. Alley » Street right -of -Way 1 have been notified of the petition to vacate the following (allay, easement, right-of-way), described as follows: General location i Address (referring to attached document -toast be completed") s+ 208 0. C.&LA ge FIVE. EAyETT6VlWC- prim (AZTAQd kgal description gild graphic representation of what is baing vacated-SURV630 UFIUTY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections lathe vacations) described above, provided following described easements am retaRacd. (State the location, dimerislons, and purpose below.) • No objections provided the following conditions are met: Signs of Utility Companype ative Pf;5I (--�-4-t4;Yl��r^ Title July 2009 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: APPLICANTNAME: Rl� Rvt:Hlr�G ' CEI APPLICANT PHONE: 27? • 4Y72 REQUESTED VACATI N (applicant ntust check all (hot appfy): - )< Utility Easement -- Right-of-way fob aLLey or streets and all utility casements located within thu vacated right. of way. - Alley - Street right.of--+" 1 have been notified of thi petition to vacate the following (olley, ease_ ment, righi-of way), described as follows: General location / Addriess (referring to attached document- must be completed* 01 .• 208 rl. r:OUZGE Ave. FAYET15VibLE All.. (ATTACH trial description and graphic representation of whal is being vacated -SURVEY) UTILITY COMPANY CObfMENT'S: • No objections to the vacation(s) described above. • No objections to the yacation(s) described above, provided fnllnwing described easementn are retained. (State the location, dimensions, and purpose below.) • No objections provided the Following condinons are met 0 A(nACE Tn QR rJU-J'� F7_5'I h, Fmil-mes wit-L. 13e ENE L) 6(L EK ►° EN s Signature of Utility Coml1iny Rcprescnta&e OV llf51('n1 1llE )z- Title ✓,,& 7009 P.a. Z d LLEZS Zt,986 'ON/IS' 8 '1S/b5:8 l I ,Z '9 (nH.L) WOE' UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: & . I . it UTILITY COMPANY: APPLICANT NAME: egm tzo1 1411ii; - C e l • APPLICANT PHONE 273' 1172- REQUESTED VACATION (applicant must check gll that app(): X .Utiltty&eeement 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, eas�eni. right-of-way). described as follows: General location / Address (referring to attached document- moat be completed**) •• 208 IJ. C "40 ANE. FMUKELOVIU-6 RR (A7T.fCHlegal descrlptlon aAgraphle representation of what it being vacated -SURVEY) UTILITY COMPANY COM YEEM: G)No objections to the vecatioa(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained (State the location, dimeosions, and purpose below.) • No objections provided the following conditions are met SignatureofU' tyCompmyRCptrarn �S �OSGU/BPS ✓l//G�'�"-i Title Ju(y 2009 Pages UTILITY APPROVAL FORM FOR RIGHT- OF WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: & - (' (1 UTILITY COMPANY: APPLICANTNAME: elew tz(xH10K - Cel APPLICANTPHONE: 2-13.4Y72- REQUESTED VACATION (applicant mug check figthat apply): X .Utility Easement Right -of --way for alley or streets and all utility easements located within the vacated tight- 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**) •• 2388 tJ• &OLI-FGC- /WE. FAYLarrOVIt,1.E AIZ (ATTACH legal descr47don awd graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vatation(s) described above. • No objections to the vacation(s) described above. Provided following described easements are retained. (Stan the location, dimensions, and purpose below.) • No objections provided the following conditions are met: -),A=� Aj Signature of Utility Company Representative Title Jaty 2W9 Pagr 5 JUN/21/2011/TUE 02:43 PM FAX No. P.003 UTILITY APPROVAL FORM FOR RIGWr- OF- WAY, ALXXV, AND UTUATY EASEMENT VACATIONS nATR fD ' f ` It UTILITY COMPANY: ` s Eta gftc V�Yn lY APPLICANTNAME: eRfN (4(*"(f4G - CEI APPUCANTPHONE: 2'v•RY74 REQVESTND VACATION (applicant moat check gl War apply): )< ,UtiNt Easomeat 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, easemmt, right -of --way), described as fellaWS: General location / Address (referring to artached document -must be completed") .• 2488 N• C-OW-640 AVE. FAYErfevru-E Ate (A7TACHlogo l deeerfpdon pyr d-graphle reptrsen$adon of what is being vacated-SURFE3j U17111TY COMPANY COMMENTS: a No objeotions to the wcation(a) described above, • No objections to the vacation(e) described above, provided following described easements, are retained. (State the location, dimensions, and Purpose below.) • No objections provided the foilowlug conditions are met•. Si7gn�aturcofUtiiiry Reprceamauve fll! ) �Hnkk��trlfif'7rd'RS Title Jut J009 Pars DATE: & . I . It UTILITY COMPANY: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Cep APPLICANTNAME: egla 1zt*H1fJ6 - Cel APPLICANT PHONE: 4-1a•9472- REQUESTED VACATION (applicant must check gU that apply): X .Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Suet right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location i Address (referring to attached document• must be completed**) •» 908 N. OoLA-64E AVE. F6YairCVtW-6 A1z (ATTACH legal descrlptisn and graphic representation ofwhat is being vacated-SURVF10 UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements arc 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 DEVELOPER'S EXPENSE C�ry gnaturc of Utility Company Representative FIELD ENGINEER July 2009 Page 5 VAC11-3887 KUM & GO One Mile View RdW �I ft$FI RSFI E ` HAROLO ST BRIARCLIFF STO flSFi d" a� I wo Fae `` b R.SF_ CORTLANO ST -� ETON ST RSF-I R. RSF4 t: RSF+ FURMAN ST 4 "RO�LLINP.HILLS ST nsF l rt " ..'._'wrE f®H NSFI . i� LIB �� _7�E i ..R O`!IS_Nw` •'zasFl � .Ro.. ,' X go°f MApRlos SUBJECT PROPERTY GI _ c5 ice' � L ao Ryy DR / y_ �—_—�frpro RSFI i Rsv-a_ 3 NSF.F m, RSF / RSF{ RSF< ' PEEL ST � STEWARt'ST /RSFJ RSH 2RSF/� / RSFJ K fRSF./iI P9:1-SUSAND p K m p O z RSFI RSFJ Q �i RSFA PSFJ RSF./ , : OO m a; ELM ST 3_ ELMWOO W4 0 RSFI PRIVATE 1927 AlAB�R DR O RSFQ 1' RSF-1 DEBRADR •, ••RSF ELM ST Fd RSF< v.l ASH ST MIR RSFI RSFJ' RSF-F MF.za: HOLLY ST REF-RSF4 RSF �P - CIL RICIA LN Icy- W4 Overview Legend VAC 11-3887 Subject Property mlVAC11.3887 Desi n Overlay District __! i Boundary _ . _; Plan iing Area ." _.-; Fay tteville 0 0 0.25 0.5 1 `' M les NORTHWEST ARKANSAS DEMOCRATGAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE ERS THE MORNING NEWS NTO C UNTYDAIOLYR NEWSPAPE16LLCNORTHWEST ARKANSAS TIMES EUC'ORD 212 NORTH EASTAVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 4796442-1700 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 5436 Was inserted in the Regular Editions on: September 22, 2011 Publication Charges: $71.34 cmw�l Cathy Wile Subscribeo and sworn to before me This;6V day of aj , 2011. Q-tary Public My Commission Expires:e l'� 0?e/7 1 SANDRAE SCHACHER3AUER SENfON COUNTY NOTARY PUBLIC-ARIANSAS MY Cwwft" B*w Aprh %2717 CamAeWon W /228M21 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED OCT 0 5 2011 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE