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HomeMy WebLinkAboutOrdinance 5537 Doc ID: 014894420003 Type: REL Kind: ORDINANCE Recorded: 11/18/2012 at 01:44:32 PM Fee Amt: 825.00 Pace 1 of 3 Washlnoton Countv. AR Bette Stamps Circuit Clerk File2012-00034901 ORDINANCE NO. 5537 AN ORDINANCE APPROVING VAC 12-4221 SUBMITTED BY LOREL HOFFMAN FOR PROPERTY LOCATED AT 2111 MARTIN LUTHER KING BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER EASEMENT, A TOTAL OF 2,039 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 water and sewer 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 portion of a water and sewer 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 16a' day of October, 2012. +��\���:\'•G\Ty OF 9sG i .v. -M •FAYETTEVILLE I�= APPROVED: ATTEST: 4��y9�kANSP� B : By: Ull Cl . LIONELD JO N,Mayor SONDRA E. SMITH, City C e k/T asurer EXHIBIT "A" I POINT OF COMMENCEMENT NORTHEAST CORNER, NORTHWEST QUARTER, NORTHWEST QUARTER, SECTION 20 (Ti6N-R3OW) DESCRIPTION (UTILITY T OFCASEMENT A PART NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF V �P SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, �!T oo rr ARKANSAS, BEING MORE PARTICULARLY in DESCRIBED AS FOLLOWS: / N90.00�QO"E COMMENCING AT THE NORTHEAST 15.00' ! CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID 90'40'00"W SECTION 20; THENCE 500'00'00"W ON 25' UTILITY 10.00' THE EAST LINE OF THE NORTHWEST EASEMENT POINT OF QUARTER OF THE NORTHWEST QUARTER BOOK 986, OF SAID SECTION 20 A DISTANCE OF PAGE 286INNA 266.69 FEET; THENCE S90'00'00"W A (UTILITY EASEMENT DISTANCE OF 10.00 FEET TO THE POINT VACATION) OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE S00'00'00"W A DISTANCE OF 132.84 FEET; THENCE EASEMENTS67'23'00"W A DISTANCE OF 16.25 132 VACATION 50 .8 FEET; THENCE NOO'00'00"E A DISTANCE NOO'00'00"E 132'84'' OF 139.09 FEET; THENCE N90'00'00"E 139.09' A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINS 2039 �BV�NG I SQUARE FEET, MORE OR 'LESS 56723'00"W utu npr 16.25' HAROLD D. RODGERS, JR. ARKANSAS LS-1422 _ 1406 ���'f�•�' EXHIBIT"A" SURVEYS 4 DESIGN, LLC PROJECT#: 12-2207 1302 CHESTNUT LANE PANDA EXPRESS EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62 PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 2207EXHISIT.dwg EXHIBIT "B" VAC 12-4221 DESCRIPTION: (UTILITY EASEMENT VACATION) A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCE S00'00'00"W ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF 266.69 FEET; THENCE S90'00'00"W A DISTANCE OF10.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE S00'00'00"W A DISTANCE OF 132.84 FEET; THENCE S67'23'00"W A DISTANCE OF 16.25 FEET; THENCE N00'00'00"E A DISTANCE OF 139.09 FEET; THENCE N90'00'00"E A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINS 2,039 SQUARE FEET, MORE OR LESS. Washington County,AR I certify this instrument was filed on 11/16/2012 01:44:32 PM and recorded in Real Estate File Number 2012-00034901 Bette Stamps- Circuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1011612012 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: VAC 12-4221: Vacation (2111 MARTIN LUTHER KING BLVD./PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains 2,039 square feet. The request is to vacate a portion of a water and sewer 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 erI/�L Previous Ordinance or Resolution# Deparlme ector 4Date � �f Original Contract Date: Original Contract Number: y Attorney p p Date L9'Zdl% Finance and Internal Services Director Date Received in City - Clerk's Office Z8-/2— Chief LChief of St Dale " Received in Mayor's Office }(3 Mayor ale Comments: Revised January 15,2009 Fave refle THE CITY OF FAYETTEVILLE,ARKANSAS 1 DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: September 28, 2012 Subject: VAC 12-4221 (2111 MARTIN LUTHER KING/PANDA EXPRESS) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a water and sewer easment. BACKGROUND The subject property is located at 2111 Martin Luther King Boulevard and is zoned C-2, Thoroughfare Commercial. The site is currently developed with a commercial building. The applicant has submitted a Site Improvement Plan application to redevelop the property with a new Panda Express restaurant. Before this development proposal can move forward, a portion of the existing water and sewer easement must be vacated. Request: The applicant's request is to vacate a portion of an existing water and sewer easement. The Water and Sewer Division has reviewed this request and does not object to the vacation. Utility improvements will be required at the time of development. DISCUSSION On September 24, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 12-4221 SUBMITTED BY LOREL HOFFMAN FOR PROPERTY LOCATED AT 2111 MARTIN LUTHER KING BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER EASEMENT, A TOTAL OF 2,039 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 water and sewer 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 portion of a water and sewer 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" i POINT OF COMMENCEMENT NORTHEAST CORNER, NORTHWEST QUARTER, NORTHWEST QUARTER, SECTION 20 (T16NDESCRIPTION; UTILITY EASEMENT VACATION A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF �� o� SECTION 20, TOWNSHIP 16 NORTH, �\O o,o RANGE 30 WEST, IN THE CITY OF oN ARKANSAS,FAYETTEVILLBEINGMORE WASHINGTON ARTICULARLY DESCRIBED AS FOLLOWS: N90'00'OQ"E COMMENCING AT THE NORTHEAST 155'00' f CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID S90,00,0o"W SECTION 20; THENCE 500'00'00"W ON 25' UTILITY 10.00' THE EAST LINE OF THE NORTHWEST EASEMENT POINT OF QUARTER OF THE NORTHWEST QUARTER BOOK 986, OF SAID SECTION 20 A DISTANCE OF PAGE 288 INNING 266.69 FEET, THENCE S90'00'00"W A (UTILITY EASEMENT DISTANCE OF 1000 FEET TO THE POINT VACATION OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE 50000'00"W A DISTANCE OF 132 84 FEEL; THENCE EASEMENT567'23'00"W A DISTANCE OF 16.25 VACATION 500'00'0011W FEET; THENCE NOO'00'00"E A DISTANCE N00'00'00"E 132.84' OF 139 09 FEET; THENCE N90'00'00"E 139.09' A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING_ CONTAINS 2039 E�V�aG SQUARE FEET, MORE OR 'LESS SCALE: 1"=40' / S6 16.25' „ HAROLD D. RODGERS, JR. ----__ ARKANSAS LS-1422 � LO• �V�'J AL EXHIBIT"A" SURVEYS 4 DESIGN, LLC PROJECT#: 12-2207 1302 CHESTNUT LANE PANDA EXPRESS EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62 PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 2207EXH18/T.dwg EXHIBIT "B" VAC 12-4221 DESCRIPTION: (UTILITY EASEMENT VACATION) A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCE S00'00'00"W ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF 266.69 FEET; THENCE S90'00'00"W A DISTANCE OF10.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE S00'00'00"W A DISTANCE OF 132.84 FEET; THENCE S67'23'00"W A DISTANCE OF 16.25 FEET; THENCE N00'00'00"E A DISTANCE OF 139.09 FEET; THENCE N90'00'00"E A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINS 2,039 SQUARE FEET, MORE OR LESS. Taye eville PC Meeting of September 24, 2012 ARKA14SAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: September 19, 2012 Updated September 27, 2012 VAC 12-4221: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.04 acres. The request is to vacate a portion of a water and sewer easement on the subject property. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located at 2111 Martin Luther King Boulevard and is zoned C-2,Thoroughfare Commercial. The site is currently developed with a commercial building. The applicant has submitted a Site Improvement Plan application to redevelop the property with a new Panda Express restaurant. Before this development proposal can move forward, a portion of the existing water and sewer easement must be vacated. Request• The applicant's request is to vacate a portion of an existing water and sewer easement. The Water and Sewer Division has reviewed this request and does not object to the vacation. Utility improvements will be required at the time of development. 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 AEP/SWEPCO No Objections Ozarks Electric Cooperative No Objections Cox Communications No Objections Source Gas No Objections GAEI C\Development Services Review\2012\Development Review\12-4221 VAC Panda Express\16 Planning Commission\9-24-12 PC fomarded\Comments and Redlines 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 12-4221 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: 1i Forwarded O Denied O Tabled Date: September 24, 2012 Motion: Cook Second: Cabe Vote: 7-0-0 Notes: GAETC\Development Services Review\2012\13evelopmma Review\12-4221 VAC Panda Express\16 Planning Conunission\9-24-12 PC forwarded\Comments and Redlines Panda Exnress Water line Vacation PETITION TO VACATE A WATER LINE EASEMENT,LOCATED IN(lot 2,block 2,Fayetteville Center Subdivision),CITY OF FAYETTEVILLE,ARKANSAS TO:The Fayetteville City Planning Commission and The Fayetteville City Council I,the undersigned,being the authorized agent of all the owners of the real estate abutting the water line easement, hereinafter sought to be abandoned and vacated,lying in(lot 2,block 2,Fayetteville Center Subdivision),City of Fayetteville,Arkansas,a municipal corporation,petition to vacate a water line easement,which is described as follows: (see attached survey by Surveys 4 Design,LLC) That the abutting real estate affected by said abandonment of the alley are(see attached Special Certificate provided to applicant by Waco Title)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, subject,however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, _ Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this JE�day of August,2012 Printed Name:lorel Hoffman,agent Signature BENCHMARK INFO LEGAL DESCRIPTION SCSCSC I 6 r a• I-_-.- * r. L F r�BANNISTER 1 ENGINEERING 1 CRAPHIC SCALE NOTE: 'SOSSSPce o.CS ..w CS ,.., ` 6�'id� i+.uiuL NI VICINITY MAP SITE E SUMMARY TABLE 2 ELK2 c f�ZT V 1 (&u7te. 5U QQ SITE IMPROVEMENT PLAN for Panda Express 2111 U.S. Highway 62 (Martin Luther King Jr. Boulevard) City of Fayetteville Washin gton County, Arkansas MS 112511 at UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: zl2 UTILITY COMPANY: i_2. L2,Q d/,(/L' lrr24 c pq'a r� -y APPL(CAN'fNAME,�.-•Dr-. L• I• -,D' S'�bKt�-•7{f'PS.LCANTPIIONG���� 1l!' )373 REQUESTED VACATION (applicant must check H(/ that apply): Z 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**) (ATTACH legal description dgraphic representation of what Ls being vacated•SURYEY) 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.) Q No objections provided the following conditions are met SignettuuieeofUtility Citlogany Representative Title July 3009 Page3 UTILITY APPROVAL FORM FO.k RICRIT-:OF- WAY, ALLY, AND IPITLLTV FASEM itNT VACATIONS UTff-rrY COMPANY: qq-- // �+ APPLICANTNAME: -. in �M�r tA& PFLIC.'ANN€'CPltONV.64i 7V! 1 -7 3 REQUESTED VACATT0hi(ItMtcwtmust.check that apply): V tJtilityE}asaiant Fight -of --way £ot alley or streets and au i utility casements located within the vacated right of- way. Street rightof-way (have been nodfled of The petition urvaeate the following (alley, easement, right ,',¢way), described as follows; General location /Addis: (tale rriagto atu i tted document• mtiat be congrieted'*) (ATTAC fagakdesspion a tr ;graphic represaxlarion of whiz is belfg vne? den-8tTRVEI UT(1.TfY C0MPANYC0Miv1ENT'S: • No objections io the wntion(s) described above, •! I No objections tothe vneation(s)described above, provided £ollowing:doseribedeasemetns are retained. (Slate The location, dimensions; andpuryose below,) s No objections provided the Th lowing conditions are stet: lk2t SignatXire of Utility Company topresciNative lidy2009 rage 1 I UTILITY APPROVAL FORM FOR RIGUT- OF - WAY, ALLEY, AND UfU,ITY EASEMENT VACATIONS DATE: D UTILITY COMPANY: I AE/' •- S&EPcO APPLICANTNAME:S,SrEI_ %DF-ik1J 4 & PLICANTPHONE:C4 14)1 ?i• 1375 REQUESTED VACATION (applicant must check a!1 that apply): V UtilityEasement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way have been notified of the petition to vacate the fbl lowing (alley, easement, right-of-way), described as follows: General location I Address (referring to attached document- must be completed**) •4 lea t HD& Ike (ATTACUlegal description aiudgraphic representation of what is bein v eated-SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacations) 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 am met: Signah of Utilky Company Rep cntativa (7tsk Et- ,seer Title Jury 2009 Pages UTILITY APPROVAL FORM FORRIGIiT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3 GD UTILITY COMPANY: APPLICANT NAME: LOW— MbMA&t' PPLICANTPHONE:(414)1 t REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. — Alley Street right-of-way I have been notified of the petition to vacate the followipg (alley, easement, right-of-wuy)„described as follows: General location / Address (referring to attached document- must be completed**) t2AU H t j d 11 xrL1 F L (ATTACFI legal description mid 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.) X No objections provided the following conditions are met: This is in AEP Territory. Ozarks Electric has no objection. Greg McGee Signature of Utility Company Representative Uflu July 2009 Pages UTILITY APPROVAL FORM FORR[GiTT- OF- WAY, ALLEY, AND Unity EASEMENT VA(AT[.ONS e i lima �� tmLnYcoMPANY: -er APPLICANfNAME; LLJ LW� 1'`{MX' . .fl,SPL[cArrr no Ne: 61 i4)1? • 7 REQUESTED VACATION (a/,p&ant amsi ckeC* IAatgpiy) 1/ Utility Easement Right-of-way for alley or streets and all utility easemeutalocated within the vacated tight- of- way - Alley. - Street rigbto€way I have been notified of the petition to vacate the following (aJ/ easement, rigis-o¢wt0, described as follows: General location /Address (referring to attached dvament• mud be completed") MAt (A rTACHlegal dcecrlpioxgwdgmpldc repraSWh en ofa *ad is being vrcded4URYEY) 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. (Slate the location, dimensions, and purpose below,) . .. • No objections provided tllc following conditions am met. E og kac1tbs bF /k Y FtT1 FACtLIYIgS WILL T.M. AT '1'NC OW1.1E.If ANN o2 l7*aUeLA)mS 6XPFal5E Signature of Utility Compnny Repceseataaivc £ 6 1 Tick JO2009 Page 5 PDX NGI t -OP -WAY, ALLEY, AND UUUdTP EAEEM®'IT VACATIONS DATE: N LMCOMPANY. WSL APPL?CANT NAME: LDKEL• I{pw>=F-ihA:iAS $.ucANr nion 4i 7i 1' 7 EFRDFSTED VACATION (eppGeer maorthe ifj rle epp1y): V OifhY Emma tee eig)eyfwp (m eilry orsnmts ed nil o®'ry eats bared wihie the vemmd right- of- way. Alloy Soon dgbtdeey I have been teethed of dot peegen to vxm thebOowhtg (ogee fffiweef Aga- jvay) described as fdbwt Cesml losen(Adds(rs(egiomomsdommrbe-ra bemmpMd") 2J4k H fl it I 1sf LIFE KI11ayc1c utL c . c. (A]TACA 4gd to jd re NlwpWercpramsadae elvhnt& befog uareted,WRIt3) UTILITY COMPANY COMM NB: No objedies rthe vs on(s)daoibcd above. e No objeaims to Wevemgen(s)desaThed above,psovidd foiowingdesmbd as®ewave retained. (State the Iwatieo, Qtomvms. and papaw bebw3 • Na Stars provided tlbfdbwmgmndidmsremee A1Y damage to or seloetiot o£ asy oxiseirg faccilicies will be at the owners/developers expense. Sipnuwe4 t st.oy CampesyMepsesmk4ve 42/3.12 Tide J• ≥tee Axed UTULLTY 0.PPR(Q.VM FORM FOR -RIGHT -OF -NAY, ALLEY, AND UTILITY' EASEMENT VACATIONS r' ApPLicANTUAtcm: Lzx- uD E�1Ai4.,,4�+ piicANTPNoxe,C 7 �7' t'.737,3 REQUESTED VACATION (applcant mastcheck gjjtha: apply): Utility:Easeineat Rtgbt-of _way,fof:alloy orffkbets mid ;8l futility.easements located within the vacated right- of., way. Alley StNeta $ht -of -way thave been •notified of the ::petition to:vacate the following (a1ley,=eosemetis,right.pf-way), described at follows: General location/Address (referring to att iclod-Eoeaf art, mustbe:compieted**) ..fi Sbt (A TFA CH legal *s�ipji&ngadgrqphIc represan(elon of what 1,belag' hacwedSURVEY) UTIL.TY:COMPANY COMMENTS'. (,No,objections:lo the vacaliov(s) 4asctdmd above. t No:objectionsto-tbeyacation(a),doscribed: above,prgvidedf_Yollowingdescrtbed:easements:areretxined.(State theloealion, dimensions,and -patpose•below.), No objections provided tbc;MIowingcovdidonratejt eti Signature ofUtiliy Com - Representative Tit e Page 5 VAC 12-4221 Close Up View PANDA EXPRESS RW-741 C -I s -_-_F+AMINsrQNRQ.--.-___ v!, SUBJECT PROPERTY ii 1 If ''1 e 11 cs 1 C=2 Legend \ RSF-0 :•...... .... ........ Multi-l3isl3 Trail (Existirtg) Futuretrails ; = I c, _ : Fayetteville City Limits LverviLNAC 12-4221 M Footprints 2010 — Hillside -Hilltop Overlay District [_ ! Design Overlay Di trict Design Overlay Di trict 0 625 125 250 375 500 ------ Planning Area Feet NORTHWEST ARKANSAS DEMOCRATGAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NnVSPAPERSLLC THE MORNING NEWS OF BENCO UNTY DAILY NORTHWEST ARKANSAS 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442-1700 1 WWW.NWANEWS.CCM 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 5537 Was inserted in the Regular Editions on: November 1, 2012 Publication Charges: $ 84.30 Karen Caler Subscribed and sworn to before me This 'Z( day of , 2012. Notary Public My Commission Expires: 2b4 IZac'.( 6entcn Couniy L' My Commissror. Expires February 2f., 2014 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED N0V 2 7 2012 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE