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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, ��pu n r rrrrr �RK•I TR��i,��. G\1 Y 0,r SG AYETTEVILLE. i••...• p ��. 1 u1r.1 ON 0 p`• EXHIBIT "A" I I \ I I , 1 J —__ Ninth Si. (formerly Sixth St.) - I R/w 30' 30' I I i 0 19 , YY .ea-maa-aap ' ' .ec n[rxro ,wp nwru saws , ' vo, as..yyna o Scale: 1" =100' p. "," r_ , ' er.. '°P' p�.. O r Q an I� ° , a F IF (Cenfpar„e � I , i rh r P azs-a.x-pop. Q 30' ' r pes-osaa-pro. zes-osass-000 ¢v —__—_- z�oopgr�z ' I two.) no o —_m O I% , > m M � r I - I v � I Undevelopetl &Unnamed --`—'--'------- 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 r ` f EXHIBIT "A" rinrer1-rxN ..w, --___-_ Ninth Sl. I (formerly Sixth Si,) Sp Sp l ; AN. _ - �.._ - i -- �i -� Soule I - �eR . t" =too' V ) ro h o Ai, n, AI o na,,m�r.9iw kl icwoit\ r uNi Ir V I -- I ,I 11 no of � M O ql I I ; r tJndCOClopctf & Vnnpmed P roocrty Des � 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,. 'Tay e wi Ie h R K A N 5 A 5 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 \` EXHIBIT "A" r of _ + 1 - - I (I ormerly Sz'Ji SI Iet IS hw, I Ir •i,r _rN �' � co \ l I - - t � I ' I -_ =e'. C 0 L YI r: 5 nG' f'¢�crly Rena hnn' 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 a y e Kle s I ling t4 I Ae- 1B- "I z=3 N,- ji. VY 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 i :;ec 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 Close Up View 2e f { 1.1 11 TH ST r ® Footprints 2010 _ Hillside -Hilltop C Design Overlay Design Overlay ------ Planning Area FERGUSON'S ADDITION Vu rlay District 0 75 150 300 450 600 w a x rc �j P4 U O m 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**