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HomeMy WebLinkAboutOrdinance 5533 REL Doe Kind: ORDINANCE Pecoraed.e A $25/00/20"2 i85698000:tof1315:39 PM Washimtt COunt, AR 811@2012 00032235 ORDINANCE NO. 5533 AN ORDINANCE APPROVING VAC 12-4198 SUBMITTED BY ALAN REID AND ASSOCIATES FOR PROPERTY LOCATED AT 5439 MAYWOOD DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 477 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 following Condition of Approval and shall not be in effect until the condition is met. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 2 day of October , 2012. APPROVED: / ATTEST: 7• By: (�—.—`By: ELD AN, Mayor SON RA E. SMITH, City Clerk/Treasu 11"11111"'j, �F�ERK r, E :EAYETTEVILLE.A— ��z: 5 B ANSP �"i111u11�U EXHIBIT "A" N 67t, - rr c 8 � la � 1 Cy �N NORiH — I% 1/6 B5 No w ® o mu 1 m m AIm s REVISIONSn �]n ��� WAN DRAIIsMAN 4an N ARAOATC DESCRIPTIOpY Ahs ILld oni[ a�ju/miz nr 5439 MAVW00D ROAD a nssaanres Ff1YhlX "I" ANKAN.OlS 0!70311:0791 cerrxiu EASEMENT VACATION EXHIBIT `B" VAC 12-4198 DESCRIPTION OF EASEMENT ENCROACHMENT A PART OF LOT NUMBERED NINE(9), OVERTON PARK,A SUBDIVISION TO THE COUNTY OF WASHINGTON,ARKANSAS,AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23 AT PAGE 131, PLAT RECORDS OF WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT NINE(9), SAID POINT BEING AN EXISTING IRON REBAR;THENCE WEST 53.74 FEET ALONG THE NORTH LINE OF SAID LOT NINE(9)TO A POINT;THENCE LEAVING THE NORTH LINE OF SAID LOT NINE(9), SOUTH 10.40 FEET TO THE INTERSECTION OF THE NORTH AND EAST ROOF OVERHANGS OF AN EXISTING HOUSE(GARAGE)FOR THE TRUE POINT OF BEGINNING; THENCE S00007'45"E 14.59 FEET ALONG THE EAST ROOF OVERHANG TO A POINT ON THE 25 FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE;THENCE WEST 57.03 FEET ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE WEST ROOF OVERHANG OF THE EXISTING HOUSE; THENCE N00°09'35"W 4.03 FEET ALONG AND IN LINE WITH SAID WEST ROOF OVERHANG TO A POINT; THENCE N89°52'15"E 33.71 FEET TO A POINT ON THE WEST ROOF OVERHANG OF THE GARAGE; THENCE N00007'45"W 10.43 FEET TO THE INTERSECTION OF THE WEST AND NORTH OVERHANG OF SAID GARAGE; THENCE N89°52'15"E 23.32 FEET ALONG THE NORTH ROOF OVERHANG OF SAID GARAGE TO THE POINT OF BEGINNING, CONTAINING 476.76 SQUARE FEET, MORE OR LESS. Washington County, AR 1 :15:39 PMs filed on 10/2312012 01 and recorded in Real Estate File Number 2012-00032235 Bette Stamps-Circuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/2/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 12-4198: Vacation (5439 MAYWOOD DR./WIN, 219): Submitted by ALAN REID AND ASSOCIATES for property located at 5439 MAYWOOD DRIVE. The property is in the PLANNING AREA, and contains 0.75 acre. 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 0M Al, 9/14112— Previous Ordinance or Resolution# Department Director Date Original Contract Date: ✓tom Original Contract Number: City Att y Date -nn. Finance and Internal Services Director Date Received in City Clerk's Office Chiefof ff Date Received in Mayor's Office M yor Comments: Revised January 15,2009 a e ddIe THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner �g Date: September 14, 2012 C/ Subject: VAC 12-4198 (5439 Maywood Drive/Win) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a utility easement. BACKGROUND The subject property is located at 5439 Maywood Drive in the Fayetteville Planning Area and is utilized for a single family dwelling. A recent survey indicates that a portion of the garage and house that was constructed in 2006 encroaches onto the 25 foot wide utility easement which fronts on 5439 Maywood Drive. Request: The applicant's request is to vacate approximately 477 square feet of easement. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with no objections. DISCUSSION On September 10, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 12-4198 SUBMITTED BY ALAN REID AND ASSOCIATES FOR PROPERTY LOCATED AT 5439 MAYWOOD DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 477 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. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" Ik I a M. uj MT k , r l S - N o Q 11 (3 el 0 • i 11 M MM 7 M Rt VI SIGNS oanrrsww nen nRA Aldi Reid °� ", Doll or scai�noN ov ���E u]LZ V9oV s 5439 MA'/IN000 KGAD AYf I Il VIIIII,C, ANKANW, ///U 5 rcv30 — r. ,»a sct EASEMENT VACATION s'E_ 11/L a, �� EXHIBIT "B" VAC 12-4198 DESCRIPTION OF EASEMENT ENCROACHMENT A PART OF LOT NUMBERED NINE(9), OVERTON PARK, A SUBDIVISION TO THE COUNTY OF WASHINGTON, ARKANSAS,AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23 AT PAGE 131, PLAT RECORDS OF WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT NINE(9), SAID POINT BEING AN EXISTING IRON REBAR; THENCE WEST 53.74 FEET ALONG THE NORTH LINE OF SAID LOT NINE(9)TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID LOT NINE(9), SOUTH 10.40 FEET TO THE INTERSECTION OF THE NORTH AND EAST ROOF OVERHANGS OF AN EXISTING HOUSE(GARAGE)FOR THE TRUE POINT OF BEGINNING; THENCE S00007'45"E 14.59 FEET ALONG THE EAST ROOF OVERHANG TO A POINT ON THE 25 FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE; THENCE WEST 57.03 FEET ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE WEST ROOF OVERHANG OF THE EXISTING HOUSE; THENCE N00°09'35"W 4.03 FEET ALONG AND IN LINE WITH SAID WEST ROOF OVERHANG TO A POINT; THENCE N89'52'1 5"E 33.71 FEET TO A POINT ON THE WEST ROOF OVERHANG OF THE GARAGE; THENCE N00007'45"W 10.43 FEET TO THE INTERSECTION OF THE WEST AND NORTH OVERHANG OF SAID GARAGE; THENCE N89°52'15"E 23.32 FEET ALONG THE NORTH ROOF OVERHANG OF SAID GARAGE TO THE POINT OF BEGINNING, CONTAINING 476.76 SQUARE FEET, MORE OR LESS. • aye evl le PC Meeting of September 10, 2012 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: September 4,-201-2-Updated September 14.2012 VAC 12-4198: Vacation (5439 MAYWOOD DR./WIN, 219): Submitted by ALAN REID AND ASSOCIATES for property located at 5439 MAYWOOD DR. The property is in the Planning Area and contains approximately 0.75 acres. The request is to vacate a portion of a utility casement. Planner: Andrew Garner Findings: Property Description and Background: The subject property is located at 5439 Maywood Drive in the Fayetteville Planning Area and is utilized for a single family dwelling. A recent survey indicates that a portion of the garage and house that was constructed in 2006 encroaches onto the 25 foot wide utility easement which fronts on 5439 Maywood Drive. Request: The applicant's request is to vacate approximately 477 square feet of easement. Easement Vacation Approval: The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the results summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Source Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections G:\ETC\Development Services Review\2012\Developnent Review\12-4198 VAC 5439 Maywood\03 Planning Commission\9-10-12 PC forwarded\Comments and Redlines Transportation No Objections Solid Waste No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 12-4198 to the City Council with a recommendation for approval subject to the following condition: 1. Relocation of or damage to any existing utilities will be at the owner's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: September 10, 2012 Motion: Cook Second: Chesser Vote: 9-0-0 Notes GAETCOevelopment Services Review\20120evelopment Review\12-4198 VAC 5439 Maywood\03 Planning Commission\9-10-12 PC forwarded\Comments and Redlines ARA Alan Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS August 15,2012 City of Fayetteville Planning&Engineering 125 W.Mountain St. Fayetteville,Arkansas 72701 Dear Planners, On behalf of my client, See Win,I am submitting for your review,a proposed Utility Easement Vacation for County Parcel 366-00009-000.A portion of the garage and house encroaches onto the twenty-five(25)foot wide utility easement which fronts on 5439 Maywood Road. The area to be vacated is 476.76 square feet. If you should have any questions,please feel free to.contact me at 444.8784. Sincerely, n Al Reid Professional Land Surveyor Arkansas Registration 1005 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 ar•asurveying@sbcglobal.net PETITION TOVA ATE A PORTION OFATWE TY49VE(25) FOOT WIDE WIRY EASEMENT N LOT NNE (9), OVERION PARK 911BDIV610NTO THE MOF MVETMEYMMA ARKANSAS. To: The Feyetevft City Planning CaraiM1on and The FayetetyAk CIty Council We, the aider8lwed. 6Nni all the awnaa 01' the teat estle stMtatgthe utility eaeenetN hereii tt& ea it to be abandaed and vacated. b tg Lot 9, Overton Park Stbdlvlalmt, City of FoyvumWAe. Manse&. a mum wporaUa\ pared&, to vacate a pond d odd eaeanteM whkhh a des& bed a follmvt A PARR OF LOT NUMBERED NINE (9), OVERTON PARKA SUBDMSION TO THE COUNIYOF WASHNOTON, ARKANSAS, AS SHOWN ON PUTT OF RECORD N PLAT BOOK 23 AT PAGE 13L PLAT RECORDS OF W ASMIAMVN COMM, ARKANSAS, OEM MORE PARRCULARtY DESCReW AS FOLLOW&^ COMMENCQNGAT THE NORTHEAST CORNER OF SAID LOT NINE (9). SAID POINT BEING AN DaSnNG IRON REBAR THENCE WEST 53.74 FEET ALONG THE NORTH LINE OF SAID LOT NINE (9) TO A POINT THENCE LEAVING THE NORTH LANE OF SAM LOT PANE (9). SOUTH 10.40 FEET TO THE INTERSECTION OF THE NORTH AND EAST ROOF OVERHANGS OF AN DOSING HOUSE (GARAGE) FOR THE TRUE PONTOF BEGNNNG; THENCE SOO'Or45'E 14..59 FEET ALONG 7HE EAST ROOF OVERHANG 10 A POW ON 1NE 25 FOOT WIDE BULO*sG SEI K AND URLRYEASEAETITUNE: THENCE WEST 51.03 FEET ALONG SAID BUILDING SETBACK AND UILLRY EASEMENT LINE TO A POINT ON THE WEST ROOF OVERHANG OFTHE EASTWIG HOUSE: THENCE NOO'0935i'W 4.03 FEET ALONG AND IN LIVE WITH SALD WEST ROOF OVERHANG 70 A POINT: THENCE NSS•52'15'E 33.71 FEET TOA POINT ON THE WEST ROOF OVERHANG OFTHE GARAGES THVICE NOO.OT45'W 16.43 FEET TO THE INTERSECTION OF THE WEST AND NORTH OVERHANG OF SYD 6MAGE 7FG710E 14A•62'iti'AE 23.32 FEET ALONG THE NORTH ROOFOVERNANG OF SAID GIRAGETO TIE PONT OFBEORM B. CONTAINING 476.76 SQUARE FEET. MORE OR LESS. That the abt ug teal eehla alfaebld by seld ebenaorrnev* of the utllitr aeaemNM is 11) Tat S. Overtdi Path Subdv elott Iylrgm 9e We CTpet!FOFMt5 ptopwt y, 12) tot 20.0veri i Patti Siib*4lon flto Ve East of Pbmabra pmpettfl (3) the &hoe[ "04M9y of Maywood Road. bM% NMh Of the peObwm s popaty, and that the_- atbweatandwa ... wm/dnd be adnmaeh affected by the abandorenert dthe above desaibed pmUon dthe utility et}BNtent. WHEREFORE, the mhdaeltted paUUgMrs reapaalut Pray throttle gave fl body ot the CItyOf FayelmvSe.Manse&, abandon and vacate the abovedes,Ibad odia'dthe httifdy eaaarertt Datadtltls%cdayof tF"WAT .2012 se w+h, r+a�. slgrtaawe fr^Ytrt?' rY1 Mraed llama 5- - 3 EASEMENT VACATION LLIfl UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLY, AND 'UTILITY P.ASSaUNT VACATIONS DATE: Il l A -L , UITAW COMPANY: ATAT T APPLICANT NA !, Dr..� i rM • - F p -1W? AYPLICANI' PRONE: REQUESTED VACATION (eppikant ant ehatrFOffwgagp(Y)• X Utility Easement Right-of-way Tor alWyor sues and all utility located within the vacated right- of- way. Atey -. Sheet tight -of --way I have been notified of the petition to vacate the following (alley, rgy!eo.. rig*r way). described asfollows: General lemon I Address (refining to attached document- twit be completed") .• C44 14 f.M.+l•,na V, - g&•IIr'iTnJ LUAr, . lei (A77ACH legal description asg grophle AV remaaries of what it being weand+SURVEI9 UTILITY COMPANY COMMENTS; • No objecdoca to the vacation(s) deathbed above, • No objections to the vacation(s) descnbed above,provided following described eaaamente air retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions am met AeLocnrtonl OF o. .t4AI& To ArJV Exitttntc, rsrrt kCIL.LttS ..t. 'Et ST Tit pttniCV2YSg Sipa.., CmpsnyRepresentative OS? amle-1wlgt � Sl6,wl Title lid 2009 Page S UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: -11'Zllly /� UTILITY COMPANY: 0 6 `C' ,/� APPLICANTNAME6M LO O 1 (r -(2&.P APPLICANT PHONE: REQUESTED VACATION (applies tt must check qQ1 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**) ** r�P7ty 12o KAtUn b)LLL&. t X2.103 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. V No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) A)o Ob lecf-roA) f a. ?ar,i-i&1 cror-) Lot-- easewrtM'taS deccrlbect ono Okrawtnq bt. $Ia" gel4. Job,Vo.12lo1f F} I l o+ite r ease n1e,v c ✓ze i- I N r No objections provided the following conditions are met: Signature of Utility Company Representative Lea2 5 kt 7'ec & Title July 2009 Page 5 UTILITY APPROVAL FORM FO$ RIGHT- OP= WAY, ALLEY, AND U77LITY EASEMENT VACATIONS DATE'" f�i�11.7S, UTILITYCOMPAN:A _ 1�,. - 3 APPLICANT GE LOAM 1 W-At>J&= K.e.r APPLICANT PHONE: 1k1 REQUESTED VACATION(one t must check that apply): UtilityFasemml -. 'Righ[o&wzy forelleyor streets and all ah7ityy em merits locatedwitith the vacated fight. of- ways Alley Streetright of way I bavebeen notified oithe petition tovacate thafdllowing (alley, easement, righ6of--way), described as -follows: General location! Address (referring to attached document. mustbe:completed•') •r 4'zfl. . i 1 .,� Dr e\ e, is Art. —r rio! (A71UCZr rgal deseri)j.. n andgrephk representation of whatis being 9acared-,SI/RVEY) UTII:77Y COMPANY COMMENTS 14a abjecGonsto the vecatioa(a) described above, • No objections to the vacation(s) desenbedebove, provided following described easements -are retained. (Stale ti*. location, dunensioos, and -purpose below.) , No objections providedthe-following conditions ate met: Sigtmmre of Utility Company Represemative Oir slrnr.T crt Pkwe,- Tide JPfy7009 Page S UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 7/iafr.--- UTILITY COMPANY: A`; c teJi uc IJI a-Tu — APPLICANT NAMES WI p]f1A1,n,%tQ-REe• APPUCANTPHONE: If`b'184 REQUESTED VACATION (applicant muss check oil that apply): X. UtilityEasement 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, rlght-of-way), described as follows: General location / Address (referring to attached document- must be completed**) &'1AH,„nl)n 120) r•A-rrnk, ].l -a 4 -?1103 (ATTACH legal descrlptlou gnr d graphic representation of what is being vacated-SURYE' i9 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: ., riG t Tate Jafyloa9 Page 5 UTILITY APPROVAL FORM FOR RIGHT OF- WAY, ALLRY, AND UTH,M EASEMENT VACATIONS DATE: ll'LA lit UTILITY COMPANY: 4r4pi7IbAuL Tl A �hiPn-Cl'l'i.0t`'� AMJCANT NAMAnucANr NAMSI IMP/ L>1k.0— t9 APFI,ICANnHONE c REQUESTED VACATION (ajWcS must check aglhwopp(y): - X Usi tyEasement Right-of-way far alley or streets and all utility aese mama located within the nested right of- way. Alley Sweet right-of-way I have been notified of the petition to vacate the following (alley, g& right-ofvmy), described as follows: General location I Address (referring to attached document must be completed" ss c5 o 3 (A7TACHkgawdeser{Wioz grlignaphk rep uemat ms ofwhatt fl*g *g vw!OYId$URIBY) UTILITY COMPANY COMMENTS: (- No objections to the vacation(s) desalted above. • No objections to the vacation(s) described abov%provided foRowing deathbed easements are retained. (State the location, dimensions, and purpose below.) e No objections provided the following conditions are met Tide July 2009 Pages UTILITY APPROVAL FORM FOR RIGHT- OF- WAY,ALLEY, ANTI UTILITY EASEMENT VACATIONS DATE: 1i I I'LL UTILITY CO. APPLICANT REQUESTEE X 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, mseatent, right ofway), described as follows: General location I Address (referring to attached document- must be completed") 9F3. ku'coh 2aA 121i (AI'TACHlegal deserlprlon ged graphic representation of what is being vacated-SURVE]9 UTILITY COMPANY COMMENT'S: (•) No objections to the vacation(s) described above. e 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: 'SIgnlarurq of Utility Compat Repreaertativc tX i' Title July 2009 Age5 UTILITY APPROVAL FORM FOR RIGHT• OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 11 ti I V P L'Z UTITIT'YCOMPAN�1r Y: �4"rCl. L20.1 f'1Ck.AIf4S APPUCANTNAME: E ItE+1)— . APPISCANiPHONG: REQUESTED VACATION (applica t must check that apply): �( Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right pf- way. -. Alley Street rightof-wey I have been notified of the petition to vacate the following (alley, eagemenl, right-of-way), described as follows: General location I Address (referring to attached document- must becompleted"'k) 9F•3 L p 4a. tiio3 (ATTRCHIegaldescription gj graphic representation of what isWag vaeated.SURVEI9 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: 'Si�gnq reofUlEliryCom,(�an_yRaproseotarive 1iIVaian� V+niitr Title July 2009 Page S VAC 12-4198 One Mile View a O N g ff LN Overview r L}- ' CABO DR WIN Ce Rp GUV#RRY RD SUBJECT PROPERTY -'EW RD DRE%EL C Q 1 Iii qU' 1 S 1 � 1 a 1 x 1 2 1 1 O 1 O a 1 z 1 a D W 1 2 0 1 4 1 Ui 1 w Iti-us r e Legend II VAC 2-4198 Subject Property ,____. wnczz-a,se [_ _! Desi n Overlay District Boundary IL _ - _. Planing Area Fay tteville 0 0.25 0.5 1 M Ies E I VAC 12-4198 Close Up View rc Legend •-•-•.-- . Multi -Use Trail (Existing) ...... •• • Future Trails _ _ _ Fayetteville City Limits LI Footprints 2010 Hillside -Hilltop Overlay District L _! Design Overlay Di trict Design Overlay WIN SUBJECT PROPERTY 0 3T5 75 150 225 300 ------ Planning Area F NORTHWEST ARKANSAS DEMOCRATGAZERE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NEWSPAPER&C THEMORNING NEWS OF ROGERS NORTHWESTBENTTONCOUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, 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 5533 Was inserted in the Regular Editions on: October 18, 2012 Publication Charges: $ 77.82 C/c2) ) Karen Caler Subscribed and sworn to before me This 'day of oct , 2012. Notary Public My Commission Expires: 7'Julu%L' L CATHY J. ILeS 1 Benton County [Q� My CommiSS10i1 Oxp es February 20, **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED 0CT292012 CITY CLERK'S OFFICE ORDINANCE NO 5533 AN ORDINANCE Bt ALAN VAS N A 101 ES FOR PROPERTY REID AND ASSOCIATES FOR PROPERTY LOCATED AT TION.v1`AMWOOD DRIVE MTONVACATE A r £n4x NSAs' PORTION-OFA l7FEET EASEMENT ATOTAL OF 477 SQUARE FEET J "'' WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof whiilt'ale riot,requ'ued corporate purpobee; and WHEREAS, the City Council has dotermined that the following described portion of the pJattutility ont is of aired -for p +fr NOW, THEREPORE.BE IT ORDAINED BY-THEF. . 3COUNCIL 6ebt on That CdyCoti d, eClty� vi - aebyva and a the o escr, utility nExhibit eB (attached). Sectiothe 2That alied � s,O�As clerk along with Recor the aCa y an an theExhibitDeed I I n the office of the Recorder of the County n recorded 1 the Deed of e County.'f Section a ve4rb�subject o�MefoIIowin"Con�didono App I not Until the p ito sin Any relocation of existingshallbeat the owner/developers expense :A PASSEDand APPROVED this 2nd fa+ofOctober. 2fit, »hi.µ> APPROVED: A7TE8 By: ,�. By. _: N, LIONELUiIORDAN,Mayor SONDRA E. SMITH. City Clerk/Treasurer Exhibits for this ordinance ma? be viewed in the bMce of -die City. Clerk/Treasurer..