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HomeMy WebLinkAboutOrdinance 5456 Doe ID: Type: REL Kind: ORDINANCE Recorded: 11/21/2011 at 02:34:03 PM Fee Amt: $25.00 Paae 1 of 3 Washinaton Countv. AR Bette Stamps Circuit Clerk File2011-00032406 ORDINANCE NO. 5456 AN ORDINANCE APPROVING VAC 11-3944 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT 3670 LALIQUE LANE TO VACATE A UTILITY EASEMENT, A TOTAL OF APPROXIMATELY 150 SQUARE FEET WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following Condition of Approval and shall not be in effect until the condition is met. "Any damage or relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 1s`day of November, 2011. :�• gm I 8� APPROVED: ATTEST: FAME mug, �---- By: r ONE J RDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer 1 N�x J J J J J J , 1 U ID O � ,SE£N M EZf£oZ0 S �, F `'srs f�s i ^ i � t!, � •d • � of I o V 1 I ;:Z �I qt +ui 71 F (0Of OU J r Q U O Of a w 'f 0 o ao S y> z r` � 4 O w gz : Lj aL z N aw wo n .Y'61 v F- >t74,q'1n�F,N ,HCCB'9„fZ,ECo20 N MRI Q O cue U min,) �_ z z �U�v rn u q O r fo Y 0 O w f]TInJ EXHIBIT "B" VAC 11-3944 A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MOR PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87028'00"E 25.00' AND NO2033'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE NO2033'23"E 2.50' THENCE S87028'00"E 60.06', THENCE S02°33'23"W 2.50', THENCE N87028'00"W 60.06' TO THE POINT OF BEGINNING. Washington County,AR I certify this instrument was filed on 11/21/2011 02:34:03 PM and records Real Estate File PjurpDer 011-00032406 Bette mps-Ci it Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/1/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 11-3944: Vacation (3670 N. Lalique Ln./VPR Investments, 169): Submitted by BATES AND ASSOCIATES for property located at 3670 NORTH LALIQUE LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. The request is to vacate a portion of a utility easement. 5 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 �lWr rG�ikt" Jp.la9An Previous Ordinance or Resolution# Departmen irector Date 1 Original Contract Date Original Contract Number: C11&61ney Date 2e u Finance and Internal Services Director Date Received in City ..- `- ? i !' Clerk's Office Chief of Staf Date £ Ten Received in Mayor's Office Ma;or Dale Comments- Revised January 15, 2009 dvel aye e THE CITY OFFAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council ��QQ Thru: Jeremy Pate, Development Services Directo1` From: Andrew Garner, Senior Planner Date: October 12, 2011 Subject: VAC 11-3944 (VPR Investments Easement Vacation) RECOMMENDATION Planning Staff and the Planning Commission recommend approval of an ordinance vacating a portion of a utility easement. BACKGROUND The subject property is located in the Belclaire subdivision at 3670 Lalique Lane. On March 16, 2011 a building permit was approved to construct a house on the property. A survey prepared in August 2011 prior to completion of the home revealed that the southern portion of the home encroaches 2.5 feet into a utility easement that runs along the southern property line. The applicant's request is to vacate a portion of the existing utility easement to accommodate the recently constructed home, as indicated on the attached survey. Everything for the home has been inspected; however, the final certificate of occupancy has not been issued,pending approval of this vacation request. During a typical single family building permit application review, the permit clerk compares the submitted site plan to the recorded final plat to check for setbacks, easements and other known building issues. The easement was noted in the review for this home. During this particular building permit review there were apparently three or four revisions to the site plan submitted prior to the City issuing the permit, with the house changing footprint and location on the lot. The final permitted site plan (attached) correctly shows a 10-foot side utility easement, but along the north property line when it should have been shown along the south property line. The site plan was reviewed and permitted correctly except for this easement location. The home was built as permitted. The utility companies have indicated no objections or conditions to the request; all utilities are installed, and none exist within the easement. DISCUSSION On October 10, 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 11-3944 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT 3670 LALIQUE LANE TO VACATE A UTILITY EASEMENT, A TOTAL OF 150.15 SQUARE FEET WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following 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 12011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Y �(i V� o ", Sb wswO7 l O f O O -NfffN M AUf.,Zo S >, I- sls-n,sl l' i i I Ll r 1 o C7l _ A ZI :, l N ul N _ I toI I--• Q' I b ml _j I Q wl to U � Ip !9 � N b Ui � lo, rL I wad a of j 3 W l z Zw y m I L � z o W LQl a�LU w d 10 w O ,c'z .I'Z ,rzt W � s ^ >'6f l F 'f9 F j LN esHst - - -,.. _ J o , s � _ � =W O. q,OH _ NWutoi5.p a %Vzl QO U ,NCi'N"7.,4Z.CfoZo V , + ONO.) rn � eani a' V [iV rn 3NV I7flOrly f i – _— 71,1 O z b w C J— NNIIJ -�fRlf IJ EXHIBIT "B" VAC 11-3944 A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MOR PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87028'00"E 25.00' AND NO2033'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE NO2033'23"E 2.50' THENCE S87028'00"E 60.06', THENCE S02°33'23"W 2.50', THENCE N87°28'00"W 60.06' TO THE POINT OF BEGINNING. Sca{e PLOT PLAN Belclaire Estates 1 ` Fayetteville, AR 3�`i0 'V �, ,=QU,e Lv11 ADR Homes by Roth n _ 20' ADDRESS 4S August 22, 2010 PERM1'# Revised: Sept 16, 2010 CAN57RUCiiONCONFORMSTOSITED G Revised: March 3, 2011 SU FOR APPROVAL AN SE CKS A800T VIOLATED 3rd Revision: March 4, 2011 P CANT BUI ING OFFICI DATE I FAYETTEVILLE BUILDING SAFETY&PLANNING DIVISION M5P-ROW T 20 f 13B' i m o 0 1..........i. .1P .11 IT' ........ ku TL F 2 a Y 2T°d LOT 34 J d T ........J Ri N Q m m r m m vw>r i 1 icda-z-a�I �20A I .' � ry texr.vxwe • ...,; - ve axes 12' 4'+4' rt' m Front Setback 25' - - Side Setback 8' Rear Setback 20' HAP TaTelt� vile PC Meeting of October 10, 2011 KANSAS 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: ^ern Updated October 12, 2011 VAC 11-3944: Vacation (3670 N. LALIQUE LNJVPR INVESTMENTS, 169): Submitted by BATES AND ASSOCIATES for properties located at 3670 NORTH LALIQUE LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acre. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Property Description and Background: The subject property is located in the Belclaire subdivision at 3670 Lalique Lane. On March 16, 2011 a building permit was approved to construct a house on the property. A survey prepared in August 2011 revealed that southern portion of the home encroaches 2.5 feet into a utility easement that runs along the southern property line. Request: The applicant's request is to vacate a portion of the existing utility easement to accommodate the recently constructed home, 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 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 11-3944 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: Reauired PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: October 10, 2011 Motion: Earnest Second: Cook Vote: 7-0-0 Note: On consent agenda. E3atc-:S (L`�, Associates, I nc_ Civil Engineering & Surveying 91 W. Colt Square Dr./ Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 www.nwabatesinc.com To the City of Fayetteville's Planning Commission & City Council: Our client, VPR INVESTMENTS LLC, is proposing a utility easement vacation within the City of Fayetteville City Limits. The subject easement is adjacent to the south line of lot 34 in Belclaire Estates (3670 Lalique Lane). Our client wishes to vacate a portion of the ten foot utility easement due to an existing house encroaching into said easement. If you have any questions please feel free to contact us. Sincerely, & -Th" Derrick Thomas PLS A- *m «. cz, 0 0 \. ± R � coo) 7Iw {/ j ~° u / \ �/Lq ^ z j z�» - \� � \ CR Ch :- —�— - g 60 Mini . } ; � - d .- _VjZ 9XVI_- sm PETITION PETITION TO VACATE A UTILITY EASEMENT LOCATED ON LOT 34, BELCLAIRE ESTATES , 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 utility earemeu hereinafter sought to be abandoned and vacated, lying LOT 34, BELCLAIRE ESTATES, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a UTILITYEASEMENT which is described as follows: A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87°28'00"E 25.00' AND NO2°33'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE N0203323"E 2.50', THENCE S87028'00"E 60.06', THENCE S02°33'23"W 2,50', THENCE N87"28'00"W 60.06, TO Tl IE POINT OF BEGINNING. That the abutting real estate affected by said abandonment or the utility easement is LOT 34, BELCLAIRE ESTATES, City of Fayetteville used by the public for a period of many years, and that the public interest and wel Fare would not be adversely affected by the abandonment of the portion of the above described utility eocement. 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. r Dated this 3 1sday of _./4+sfi 20-LL printed naut sig at e printed name signature Pas.. I UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION DATE: August, 23, 2011 UTILITY COMPANY: COX C.or�+�n ern•�c,7,Jr5 Applicant Name: Bates & Associates Applicant Phone: 479.442-9350 REQUESTED VACATION (applicant mast check all that apply): ❑O 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 utility easement, described as follows: General location / Address: 3670 Laliaue Lane, Fayetteville. AR PROPOSED 2.5' UTILITY EASEMENT VACATION DESCRIPTION: A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87028'00"E 25.00' AND N02033'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE N02033'239i 2.501 . THENCE S87028'00"E 60.06', THENCE S02033'23"W 2.50', THENCE N87028'00"W 60.06' l'O THE POIN f OF BEGINNING. UTILITY COMPANY COMMENTS: P No objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) Sioeforc of Utility Company Representative fide 1-m7 06-26-11;1i;46AM; ;479-684-4617 p 2/ 2 UTTLM APPROVAL FORM FOR UTILITY EASEMENT VACATION DATE: August.23.2011 vru lTYcoMPANY: / MKS S/ e i(-zi c Applicant Name: Bates & Associates Applicant Phone: 479442.9350 REQUESTED VACATION (opplicaar man check _ll rhat apply): ® UdUty Easement Rigbtof--way (Of alley of streets and all utillty easements located within the vacated right -of- way. Alley Street right-of-way I have been notified of the petition to vacate the following alibry easement, described as follows: General location I Address: 3670 Lsliuuc Lane- Povettevipe AR P d 2' TiLI7Y E SPMENT VACA ON DESC O A PART OF LOT 34 W B6LCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON Fff.E IN THE OFFICE OF THE CIRCUIT CLERK AND P.JC-0FFICIO RECORDER OF WASHINGTON COUNTY, ARK-ANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S67°29'00"E 25.00' AND N0293373"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE NO2°33'23"E 2.50', THENCE S870211'OVE 60.0601THENCE S02°3343"W 2.50', THENCE NS7°28'00"W 60.06, TO THEPOIISf OF BEGINNING. UTILITY COMPANY COMMENTS: adJNo objections to the vacation(s) described above. O No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Title " UTILITY APPROVAL PORM FOR UTILITY EASEMENT VACATION DATE: August, 23, 2011 C r UTILITY COMPANY: 46 P , ) W C' PC Applicant Name: Bates & Associates Applicant Phase: 479-442-9350 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 utility easemtent, described as follows: General location / Address: 3670 Lnlique Lane, Fayetteville AR PROPOSED 2.5' UTILITY EASEMENT VACATION DESCRIPTION: A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87028'00"E 25.00' AND N02033'23"E 7.50' FROM TIIE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING 'THENCE N02033'23"E 2.50', THENCE 887028'00"E 60.06', THENCE S02°3323"W 2.50', THENCE N87028'00"W 60.06' TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: 2ILNo objections to the vacation(s) described above. 0 No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) drat'' C'j'I9 Title UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION DATE: August, 23, 2011 UTILITY COMPANY: 't�,t, t -1— Applicant Name: Bates & Associates Applicant Phone: 479-442-9350 REQUESTED VACATION(applieant 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 utility easement, described as follows: General location / Address: 3670 Lalioue Lane Fayetteville AR PROPOSED 2 5' UTILITY EASEMENT VACATION DESCRIPTION: A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87°28'00"E 25.00' AND NO2°33'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE N02033'23"E 2.50', THENCE S87028'00"E 60.06', THENCE S02°33'23"W 2.50', THENCE N87"28'00"W 60.06' TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: , i /p No objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described easements are retained. —. 'StatWheJocation,.dimensions,.and,putpose.below.)- Signature of Utility ConiIhiny Representative II Title UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION DATE: August, 23, 20L1 UTILITYCOMPANY: Lry or FAsEYYEY-Y[�! - it/ATcft Applicant Name: Bates & Associates Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant mast check all that apply): O Utility Easement Rigbt-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 utility easement, described as follows: General location / Address: 3670 Laliaue Lane Favetteville, AR PROPOSED 2.5' UTILITY EASEMENT VACATION DES RIPTION- A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87°28'00"E 25.00' AND NO2°33'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE N02033'23"E 2.50', THENCE S87028'00"E 60.06', THENCE S02°33'23"W 2.50', THENCE N87°28'00"W 60.06' TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: 9No 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.) Title UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION DATE: August, 23, 2011 UTILITY COMPANY: 4 IT— d' T Applicant Name: Bates & Associates Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must check all that apply): ❑O 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 utility easement, described as follows: General location / Address: 3670 Laliaue Lane, Fayetteville, AR PROPOSED 2.5' UTILITY EASEMENT VACATION DESCRIPTION: A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87°28'00"E 25.00' AND NO2°33'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE NO2°33'23"E 2.50', THENCE S87028'00"E 60.06% THENCE S02°33'23"W 2.50', THENCE N87°28'00"W 60.06' TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: -191 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.) Signature of Utility Company Representative Lon. I �_ UTTI rrY APPROVAL FORM FOR UTILITY EASEMENT VACATION DATE: August, 23, 2011 _YV , / ' UTILITY COMPANY: fr� 1 ! 6r rlQ�i�6iYiL9- �NS[w+�Ttc�(! Applicant Name. Bates & Associates Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must check all that apply): u Utiiity Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street nghtof-van, I have been notified of the petition to vacate the following utility easement, described as follows: General location! Address: 3670 Lalicue Lane. Favetteville. AR PROPOSED 2 5' UTILITY EASEMENT VACATION DESCRIPTION' A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASFIINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87028'00"E 25.00' AND N02033'23" E 7.59 FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE N02033'23"E 2.50', THENCE S87028'00"E 60.06. THENCE S0203373"W 2.50', THENCE N87"28'00"W 60.06' TO THE POINT OF BEGINNING. 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.) -v �CcderAIM-00 Ve-- UTILITY APPROVAL FORM FOR UTILITY BASEMENT VACATION DATE: An 1st, 23, 2011 UTILITY COMPANY: -'4OLE.E C!_LJAS Applicant Name: Bates & Associates Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must check a 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 utility easement, described as follows: General location / Address: 3670 Lalioue Lane, Favetteville. AR PROPOSED 2 5' UTILITY EASEMENT VACATION DESCRIPTION - A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDMSION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WTT: BEGINNING AT A POINT WHICH IS S8728'00"E 25.00' AND NO2°33'23"E'7.50, FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE N0203323"E 2.50', THENCE S87 28'00"E 60.06', THENCE SD2°3323"W 2.50', THENCE N87 28'DO"W 60.06' TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: W--'No objections to the vacadon(s) described above. Z No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) VAC 11-3944 Close Up View PIERRE XINO RSFd BORDEAUX Pt i GAR77ER ST Legend m ........ MINMJ bTral(Existing) i ....... • • Future Trails ad VAC11-3944 VPR INVESTMENTS EIPFELXING SUBJECT PROPERTY RPm. AVALON sT a.Footprints 2010 — Hitlside-Hilltop Ovi irlay District Design Overlay Di trict Design Overlay Di trict ------ Planning Area 0 75 150 300 450 600 FayetteviAe Fee, NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NFvX1SPAPE16LLC THE NORTH ESTNG ARK OF ARKANSAS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETEVILLE. ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-17DO I WW W.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 5456 Was inserted in the Regular Editions on: November 10, 2011 Publication Charges: $ 77.82 0 f' O}- Cathy Wiles If Subscribed and sw)jn to before me Thie7A& of/U ,2011. ary Public My Commission Expires: E4:Lj HERBAUEp �-NriRKANEAg April l5, 201723B0121 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVE® NOV 21 2011 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE