HomeMy WebLinkAboutOrdinance 5585Doc ID: 015232780003 Type. REL
Kind: ORDINANCE
Recorded: 06/13/2013 at 09:23:59 AM
Fee Amt: $25.00 Pape 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2013-00019740
ORDINANCE NO. 5585
AN ORDINANCE APPROVING VAC 13-4346 SUBMITTED BY CITY STAFF
FOR PROPERTY LOCATED AROUND 902 SOUTH SCHOOL STREET
(FERGUSON'S ADDITION) TO VACATE A 60 FOOT RIGHT-OF-WAY
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 right-of-way 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 60 foot right-of-way 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.
The City shall retain a water and sewer easement for the entire 60-foot right-of-way
width for the entire length of the property that is being vacated.
PASSED and APPROVED this 21" day of May, 2013.
APPROVED:
04010311
By: U1Jr), ,zLNU.rM?Y v
LISA BRANSON, Deputy City Cl,
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Property Description:
That portion of o undeveloped 60' right—of—way known as Locust Avenue
being bounded on the North by the Southerly right—of—way of Sixth Street ® Reverts Ownership to
(now known as Mirth Street) and bounded on the South by the Northerly Stevens, Joe &Angela
right—of—woy of Seventh Street (now unomed and undeveloped) as per the ® Reverts Ownership to
Revised Plat of Blocks 5 & 6 in Ferguson's Addition to the City of Fayetteville Pinwheel Properties, LLC
per Plat Book 4• Page 222 as recorded with the Circuit Clerk of Washington
County, Arkansas.
EXHIBIT "B"
VAC 13-4346
THAT PORTION OF THE UNDEVELOPED 60' RIGHT-OF-WAY KNOWN AS LOCUST
AVENUE BEING BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT-OF-WAY
OF SIXTH STREET (NOW KNOWN AS NINTH STREET) AND BOUNDED ON THE
SOUTH BY THE NORTHERLY RIGHT-OF-WAY OF SEVENTH STREET (NOW
UNNAMED AND UNDEVELOPED) AS PER THE REVISED PLAT OF BLOCKS 5 & 6 IN
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE PER PLAT BOOK 4, PAGE
222 AS RECORDED WITH THE CIRCUIT CLERK OF WASHINGTON COUNTY,
ARKANSAS.
Washington County, AR
I certify this instrument was filed on
06/13/2013 09:23:59 AM
and recorded in Real Estate
File Number 2013-00019740
Kyle Sylvester - gi;uit;Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/21/2013
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Anon megmrea:
-4346: Vacation (902 S. SCHOOL ST./FERGUSON'S ADDITION, 562): Submitted by CITY STAFF for
located around 902 SOUTH SCHOOL STREET. The property is zoned DG, DOWNTOWN GENERAL. The
is to vacate a 60 foot right-of-way.
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Department Motor Date
qC -�� y -� 3
City Attorney Date
Finance and Internal Services Director Date
Date
�KZ-3
Da
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City;
Clerk's Office
Received in
Mayor's Office
Revised January 15, 2009
va'le � e�ville
CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director�Q
From: Andrew Garner, Senior Planner
Date: April 23, 2013
Subject: VAC 13-4346 (902 S. SCHOOL AVE./FERGUSON'S ADDITION)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate a portion of right-of-way.
The subject property is undeveloped right-of-way for Locust Street, between Seventh Street and Ninth Street,
east of South School Avenue. The right-of-way is 60 feet wide and approximately 600 in length. The property
contains the confluence of two creeks, Spout Spring Branch and Tanglewood Branch, and is almost entirely
within floodplain of those creeks.
The City is in the design and construction process of a multi -use trail connection from the existing Frisco Trail,
which ends at Martin Luther King Boulevard, south to Walker Park. The property is in the vicinity of the trail
connection and the City proposes to vacate this undeveloped right-of-way for the two adjacent private property
owners in an effort to facilitate the trail connection through a portion of their property.
The applicant's request is to vacate the undeveloped right-of-way for Locust Avenue as indicated on the
submitted exhibit.
On April 22, 2013, 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 13-4346 SUBMITTED
BY CITY STAFF FOR PROPERTY LOCATED AROUND 902
SOUTH SCHOOL STREET (FERGUSON'S ADDITION) TO
VACATE A 60 FOOT RIGHT-OF-WAY
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 right-of-way 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 60 foot right-of-way 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.
1. The City shall retain a water and sewer easement for the entire 60-foot right-of-way width for
the entire length of the property that is being vacated.
PASSED and APPROVED this
APPROVED:
LIONELD JORDAN, Mayor
day of 2013.
ATTEST:
10
SONDRA E. SMITH, City Clerk/Treasurer
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f EXHIBIT "A"
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Thot portion of re undeveloped bO' right—ol- way known as- Locust Avonuo l
Reverie Ownership to
being hounded no the North by the Soethedy right—oi—way of Sixth Street
St Joe, & Angola
(new krruwn re Ninth SLmQ and bounded on the South by the Northerly �
riqht—of way el Seventh Street (now unemed end andevelopod) be per the VV1JJ /JJ1J Reverts Ownership to
Revised flat of Blocks S & 5 In fergusads Addition to the Ch, at rayoltevflle Vinwheel Propadie. , IIU
par Plat Daak 4, Page 222 as recortletl with the ClrcWt Clark of Washingtnn
County. Arkansar,.
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EXHIBIT "B"
VAC 13-4346
THAT PORTION OF THE UNDEVELOPED 60' RIGHT-OF-WAY KNOWN AS LOCUST
AVENUE BEING BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT-OF-WAY
OF SIXTH STREET (NOW KNOWN AS NINTH STREET) AND BOUNDED ON THE
SOUTH BY THE NORTHERLY RIGHT-OF-WAY OF SEVENTH STREET (NOW
UNNAMED AND UNDEVELOPED) AS PER THE REVISED PLAT OF BLOCKS 5 & 6 IN
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE PER PLAT BOOK 4, PAGE
222 AS RECORDED WITH THE CIRCUIT CLERK OF WASHINGTON COUNTY,
ARKANSAS.
aye ev1 le
y ARKANSAS
PC Meeting of April 22, 2013
THE CITY OF IAYUI*LVILLL. ARI:ANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: Apr445—,2414 Updated April 23, 2013
125 W. Mountain St.
Fayetteville, AR 72701
:ohone:(479) 575-8267
VAC 13-4346: Vacation (902 S. SCHOOL ST./FERGUSON'S ADDITION, 562):
Submitted by CITY STAFF for properties located around 902 SOUTH SCHOOL STREET.
The property is zoned DG, DOWNTOWN GENERAL. The request is to vacate a 60 foot
right-of-way. Planner: Andrew Garner
Findings:
Property: The subject property is undeveloped right-of-way for Locust Street, between
Seventh Street and Ninth Street, east of South School Avenue. The right-of-way is 60 feet
wide and approximately 600 in length. The property contains the confluence of two creeks,
Spout Spring Branch and Tanglewood Branch, and is almost entirely within floodplain of
those creeks. Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Single family residence
DG, Downtown
General
South
Undeveloped alley/City Lumber
DG, Downtown
General
East
Undeveloped floodplain/Walker Park
P-1, Institutional;
DG, Downtown
General
West
Undeveloped property/used car sales
DG, Downtown
General
Background: The City is in the design and construction process of a multi -use trail
connection from the existing Frisco Trail, which ends at Martin Luther King Boulevard,
south to Walker Park. The property is in the vicinity of the trail connection and the City
proposes to vacate this undeveloped right-of-way for the two adjacent private property
owners in an effort to facilitate the trail connection through a portion of their property.
Request: The applicant's request is to vacate the undeveloped right-of-way for Locust
Avenue as indicated on the submitted exhibit.
Easement Vacation Approval: The applicant has submitted the required right-of-way vacation
G:TTC\Development Services Review\2013\Development Review\13-4346 VAC Ferguson's Addition (Locust)k03 Planning
Commission\04-08-2013\Comments and Redlines
forms to the City Utilities Department, franchise utilities, and the two adjacent private
property owners with no objections.
UTILITIES
RESPONSE
Ozarks Electric
No objections
Cox Communications
No objections
Southwestern Electric Power Company
No objections
Source Gas
No objections
AT&T
No objections
CITY OF FAYETTEVILLE:
RESPONSE
Water/Sewer No objections
Transportation No objections
Solid Waste No objections
ADJACENT PROPERTY OWNER: RESPONSE
Pinwheel Properties, LLC
Joe Stevens and Angela Stevens
No objections
No objections
Public Comment: No public comment has been received.
Recommendation: The undeveloped right-of-way for Locust Street is encompassed with
creeks and floodplain. A street connection is not feasible in this location and it is appropriate
to vacate this right-of-way and let it revert to the adjacent property owners. Staff
recommends forwarding VAC 13-4346 to the City Council with a recommendation for
approval subject to the following conditions:
1. The City shall retain a water and sewer easement for the entire 60-foot right-of-way
width for the entire length of the property that is being vacated.
2. A formal Petition to Vacate the right-of-way and an Abstractor's Certificate of
Ownership shall be provided in accordance with UDC Section 171.05.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: April 22, 2013
Motion: Cook
Second: Chesser
Vote: 9-0-0
Notes: On consent agenda
WETC\Development services Review\20130evelopment Review\13.4346 VAC Ferguson's Addition (Locust)\03 Planning
Commission\04-08-2013\Comments and Redlines
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
125 West Mountain
Fayetteville, AR 72701
Phone 1479) 4443443
April 17, 2013
City of Fayetteville Planning Commission
113 W. Mountain St.
Fayetteville, AR 72701
Re: 13-4346 VAC Ferguson's Addition (Locust Street)
Dear Planning Commissioners:
The City of Fayetteville is in the final steps to proceed with construction of the Frisco Trail Southern Extension
connecting Frisco Trail south to Walker Park. Near the trail connection to Walker Park south of Ninth Street,
there is an undeveloped 60 foot wide right of way for Locust Avenue that is not planned to be extended. The
new trail will cross two properties adjacent to the undeveloped right of way and the owners have requested the
City vacate the right of way in exchange for the multi -use trail easements. The multi -use trail easements have
been signed by the property owners and letters of support have been included. All utility companies have been
contacted and the only comment was from the City Water/Sewer department to request a Water/Sewer easement
to remain over the entire 60 foot right of way.
Sincerely,
Matt Mihalevich
Trails Coordinator
Telecommunications Device forthe Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
PETITION TO VACATE A RIGHT-OF-WAY LOCATED IN REVISED PLAT OF BLOCKS 5 & 6
IN FERGUSON'S ADDITION, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
I, the undersigned, being a City of Fayetteville staff member, petition to vacate a right-of-way which is
described as follows:
That portion of the undeveloped 60' right-of-way known as Locust Avenue
being bounded on the North by the Southerly right-of-way of Sixth
Street (now known as Ninth Street) and bounded on the South by the
Northerly right-of-way of Seventh Street (now unnamed and undeveloped)
as per the Revised Plat of Blocks 5 & 6 in Ferguson's Addition to the
City of Fayetteville per Plat Book 4, Page 222 as recorded with the
Circuit Clerk of Washington County, Arkansas.
That the real estate affected by said abandonment of the Locust Avenue right-of-way has not been used by
the public for a period of many years for right-of-way, and that the public interest and welfare would not be
adversely affected by the abandonment of the portion of the above described right-of-way.
The petitioner prays that the City of Fayetteville, Arkansas, abandons and vacates the above described real
estate, subject, however, to the existing water 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 petitioner further prays that the above described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE, the undersigned petitioner respectfully prays that the governing body of the City of
Fayetteville, Arkansas, abandons and vacates the above described real estate, subject to said water 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 public for the use of
said right-of-way.
Dated this q day of �J L 201 3
Name
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That portion of a undevcloperi 60 .,ht of way known as Li l Avewa Heverfs Ownership
being hounded on the North by the Southerly nhhl—of why of gxth eIreef Storms. Jo:- �4 1n o0
(nor known on NInU Streit) nud hounded on the South by Iha t ifnrny
rgrt - r wny h ev,,efilh Stre t (,111,il 111,1old o d ,devel I 0 o ; her if r "erl. o t to
R v ,d IOt of O'hcks 5 & 1 fcrgv3ar oddY o�i to if Cly nyeltemdc n whee Pit,er`es, IIC
per Pool Rook I, Page 2)e he rocord,d with the C,,,t Clerk of Washmglon
County, Alkonsos. f
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UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DA I E: 2-25-2013
UTILITY COMPANY: A-r £ I S W hS \
z
APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 479-444-3416
REQUESTED VACATION (applicant must check all that applv):
Landscape (sidewalk) Easement
Right-of-wa; for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X Street right-of-way
I have been notified of the petition to vacate the following (athcv, easement, right-ql-wml), described as follows:
General location / Address (referring to attached document- must be completed**)
S. School Ave. — Locust Avenue south of Ninth Street
Thal portion of the undeveloped 60'right-of-way known as Locusl Avenue being bounded on the North by the
Southerly righl-of=wiry of.Sixth Street (now known as Ninth Street) and bounder! on Ilse South by the Northerly
right-qJ-way oj:Seveuth Street (now annnmetd and undeveloped) as per the Revised Pint of Blocks 5 & 6 in
Ferguson's Addition to the City of Fayetteville per Plat Bonk 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansus.
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided followine described easements are retained.
(State the location, dimensions, and propose below.)
No objections provided the following conditions are met:
YLD 71 iar-1 0V 'P,rJY IISG ATi 5WaT F Glt ITIGS V�tot_
3E °� lH\t;. �RO1�EE�`: CIuJrJE.2tS ��ptNSC
Signature of Litility Company Representative
CDS P c c-St CD EIJUI fJc EYE
Title
7U11
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02-25-13;03:OOPM;
;4796844617 # 1/ 1
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2-25-2013
UTILITY COMPANY: O =agt~ lC E e G'-r t C--
APPLICANTNAME: City of Fayetteville APPLICANT PHONE:479-444.3416
REQUESTED VACATION (applicant must check all that appfy)
Landscape (sidewalk) Easement
Right-of-way for alley or sbcats and all utility casements located within the vacated right- of- way.
Alley
X Strectright-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (rofcrring to attached document -must be completed")
902 & 1020 S. School Ave. - Locust Avenue south of Ninth Street
That portion ofthe undeveloped 60'right-of--way known as ,Locust Avenue being bounded on the North by the
Southerly right-of-way of Sixth Street (now known as Ninth Street) and hounded on the South by the Northerly
rtght-of-way of Seventh Street (now unnamed and undeveloped) as per the Revised Plat of Blocks 5 & 6 in
Ferguson'sAddidon to the CiAy of Fayetteville per Plat Book 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansas.
UTILITY COMPANY COMMENTS:
V- 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 fallowing conditions arc moe
Signa ure o Utility Company Reprosentativa
GcQ� S-fzt.Ki.v Teck...
Title
,1.gnst2aJ2
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2-25-2013
UTILITY COMPANY: Cox Communications
APPLICANTNAME: City of Fayetteville APPLICANT PHONE:479-444-3416
REQUESTED VACATION (applicant must check all that apply):
Landscape (sidewalk) Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X 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")
902 & 1020 S. School Ave. —Locust Avenue south of Ninth Street
Thatportlon of the undeveloped 60'right-of-way known as Locust Avenue being bounded on the North by the
Southerly right-of-way of Sixth Street (now known as Ninth Streee) and bounded on the South by the Northerly
right-of-way of Seventh Street (now unnamed and undeveloped) as per the Revised Plat of Blacks, 5 & 6 in
Ferguson's Addition to the City of Fayetteville per Plat Book 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansas.
UTILITY COMPANY COMMENTS:
X 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:
Construction Planner III NWA
Title
Aagt at 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2-25-2013
UTILITY COMPANY: ` CG C--� • - Rv-'c � r
APPLICANTNAME: City of Fayetteville APPLICANT PHONE: 479-444-3416
REQUESTED VACATION (applicant must check all that apply):
Landscape (sidewalk) Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X Street right-of-way
1 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**)
902 & 1020 S. School Ave. -- Locust Avenue south of Ninth Street
Thatportion of the undeveloped 60'right-of-way known as Locust Avenue being bounder/ on the North by the
Southerly right-of-way of Sixth Street (now known as Ninth Street) and bounded on the South by the Northerly
rlght-af-carry of Seventh Street (now unnamed and undeveloped) as per the Revised Plot of Blocks 5 & 6 in
Ferguson's Addition to the City of Fayetteville per Plot Book 4, Page 272 as recorded with the Circuit Clerk of
Washington Connfjl Arkansas.
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described ahovo.�-`'��
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:
Signatutti e rthili Comp any Representative
��C-d..ry 4 Ll<C �
Tide
Avgusr 2012
Pnge 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2-25-2013
UTILITY COMPANY: 5� u rY v O a S
APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 479-444-3416
REQUESTED VACATION (applicant must check all that apply):
Landscape (sidewalk) Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X Street right-of-way
1 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")
902 & 1020 S. Schoo] Ave. —Locust Avenue south of Ninth Street
That portion of the undeveloped 60'right-of-way known as Locust Avenue being bounded on the North by the
Southerly right-of-way of Sixth Street (now known as Ninth Street) and bounded on the South by the Northerly
right-of-way of Seventh Street (now unnamed and undeveloped) as per the Reviser[ Plat of Blocks S & 6 in
Ferguson's Addition to the City of Fayetteville per Plat Book 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansas.
UTILITY COMPANY COMMENTS:
t/ 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:
Title
Augvsr2a12
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2-25-2013 q
UTILITY COMPANY: �LJ i O F r;� t/,�,'t %c.'✓I�21.� ti.i 5roe°t'll cA
APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 479-444-3416
REQUESTED VACATION (applicant must check all that apply):
Landscape (sidewalk) Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X 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")
902 & 1020 S. School Ave. — Locust Avenue south of Ninth Street
Thaiportion of the undeveloped 60'right-of-way known as Locust Avenue being bounded on the North by the
Southerly right-of-way of Sixth Street (now known as Ninth Street) and bounded on the South by the Northerly
right-of-way of Seventh Street (now unnamed and undeveloped) as per the Reviser! Plat of Blocks 5 & 6 in
Ferguson's Addition to the City of Fayetteville per Plat Book 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansas.
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:
_
Sign�tpure oT�tiiily Coppnfpapy licprxsentalivc ,a
r1 S�(" liE-'IAI �f(R L.](Idr' (L !rMc'•I•�(ITz_
Title
Augrsi 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2-25-2013
UTILITY COMPANY: '" 6r ' StMiFCC
APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 479-444-3416
REQUESTED VACATION (applicant must check all that apply):
Landscape (sidewalk) Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X 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**)
902 & 1020 S. School Ave. — Locust Avenue south of Ninth Street
That portion of the undeveloped 60'right-of-way known as Locust Avenue being bounded on the North by the
Southerly right-af--way of Sixth Street (now known as Ninth Street) and bounded on the South by the Northerly
right-of-way of Seventh Street (now unnamed and undeveloped) raper the Revised Plat ofRiocks 5 & 6 in
Ferguson's Addition to the City of Fayetteville per Plat Rook 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansas.
UTILITY COMPANY COMMENTS:
o objections to the vacation(s) described ahovc.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and propose below.)
No objections provided the following conditions are met:
SignatkKdof Utility Company Representative
015+. E reer—
Title
Angnst 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2-25//-2013
UTILITY COMPANY:
APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 479-444-3416
REQUESTED VACATION (applicant must check all that apply):
Landscape (sidewalk) Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X 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")
902 & 1020 S. School Ave. —Locust Avenue south of Ninth Street
Thatportion of the undeveloped 60'right-of-way known as LocustAvenue being bounded on the North by the
Southerly right-of-way of Sixth Street (now known as Ninth Street) and bounded on the South by the Northerly
right-of-way of Seventh Street (now unnamed and undeveloped) asper the Revised Plat of Blocks S & 6 in
Ferguson's Addition to the City of Fayetteville per Plat Book 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansas.
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
,iC 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:
Signature of Utility C91dPany Representative
'title
August 2012
Page 5
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: r3- 6- d—y)
Address / location of vacation: Locust Ave and Ninth Street ._
Adjacent property address: 902 S. School Ave
Lot: 1-23 & 1-12 Block: 5 & 6 Subdivision: Ferguson's Addition
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
That portion of the undeveloped 60' right-of-way known as Locust Avenue being bounded on the North by the
Southerly right-of-way of Sixth Street (now known as Ninth Street) and bounded on the South by the Northerly
rightrof-way of Seventh Street (now unnamed and undeveloped) as per the Revised Plat of Blocks 5 & 6 in
Ferguson's Addition to the City of Fayetteville per Plat Book 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansas.
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
V I do not object to the vacation described above.
❑ I do object to the requested vacation because:
Frisco Trail Southern Extension
Project Name
Pinwheel Properties. LLC
Name of Adjacent Property
of Adjacent
of
Aug,w2ol2
Page 6
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGIIT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 3` O —;C o 13
Address / location of vacation: Locust Ave. and Ninth Street _.
Adjacent property address: 1020 S. School Ave.
Lot: 1-23 & 1-12 Block: 5 & 6 Subdivision: Ferguson's Addition
REQUESTED VACATION:
1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
That portion of the undeveloped 60' right-of-way known as Locust Avenue being bounder( on the North by the
Southerly right-of-way of Sixth Street (now known as Ninth Street) and bounded on the South by the Northerly
right-of-way of Seventh Street (now unnamed and undeveloped) as per the Revised Plat of Stocks 5 & 6 in
Ferguson's Addition to the City of Fayetteville per Plat Book 4, Page 222 as recorded with the Circuit Clerk of
Washington County, Arkansas.
ADJACENT PROPERTY OWNERS COMMENTS:
1 have been notified of the requested vacation and
decline to comment.
1 do not object to the vacation described above. v
1 do object to the requested vacation because:
Frisco Trail Southern Extension
Project Name �!
iae Stevens and An.aela Stevens /� A �,I i,_ ✓ "Gi%rG�S
Name of Adjacent Property Owner(pruueJ
Owner
City of F)
Applicant
Auggar 2012
Page 6
Lr-F
71
VAC 13-4346
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FERGUSON'S ADDITION
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RECEIVED
101 0 2 2013
CITY OF FAYETT��yyi``LE
CITY CLERICS tlFFICE
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NEW
ASAS TIMES SPAPE16LLC T ENHE MORNING NEWS OF ROGERS
OTON COUNTY RTHWEST DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.C. BOX 1607, 72702 1 479-442-17001 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 Benton County and Washington County,
Arkansas, of bona fide circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord No 5585
Was inserted in the regular edition of
The Northwest Arkansas Times
on: June 6, 2013
Publication Costs: $ 90.79
u '4J OaQ-C-kc
Karen Caler
Subscribed and
This day o�
ORDINANCE No. 5585
AN ORDINANCE AQPROVIF F VAC 1PE -syeirse
SUBMIED BY IN STAFF FOR PROPERP!
LOCATEDAROUND802SOITTH SCHOOL
STREL7(FERGUSON'S ADDITION) TO VACATE
A 80 FOOT RIGHT•OF� WAY
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 right-of-way 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 fallowing described 60 foot right-of-way in Exhibit B
(attached),
Soclfon 2'. That a Copy Of this Ordinance duly certified by the City Clerk along with
life coop 8gulc fed and labeled Exhibit A shall be Bled in the office of the Recorder
Of Tito County and recorded In 819 Dead Rac0rd8 of the County
S"C"o" 3: The1 I1118 vacil"00 approval Is subject to the Condition of Approval and
shall not be in off" uniq the Condlffon Is met.
The City shall retain a water and sewer easement for the entire 60-foot right-of-
way width for the entire length of the property that is being vacated.
PASSED and APPROVED this 21st day of May, 2013.
APPROVED: ATTEST:
By:____ By.
LIONELD JORDAN. Mayor LISA BRANSON, Deputy City Clerk
Exhibits for this ordinance may be viewed in the office of the City Clerk/Treasurer.
**Do Not Pay from Affidavit**
**Invoice will be sent**