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HomeMy WebLinkAboutOrdinance 5615IIIIII1llllllllllll111111111111111111111111111111111111111111illlll1111111111111 Doc ID: 015431730003 Type. REL Klnd: ORDINANCE RecFeeOAmt: $26- O'2013 Pape ltof93 5:36 AM We6"i"'T' n County AR Kyle Sylvester Circuit Clerk F11e2013-00034038 ORDINANCE NO. 5615 AN ORDINANCE APPROVING VAC 13-4459 SUBMITTED BY WILLIAM RUDASILL FOR PROPERTY LOCATED AT 201 W MOUNTAIN STREET, TO VACATE A PORTION OF A RIGHT-OF-WAY AND UTILITY EASEMENT, A TOTAL OF 413 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 right-of-way and 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 right-of-way and 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. "The eastern 2.5 feet of easement shall be retained and may be used in conformance with 166.12 Structures Not Allowed within Public Easements. The location of any expansion shall be reviewed by the Planning Division to ensure that adequate and safe site lines are maintained for motorists and pedestrians." PASSED and APPROVED this 171h day of September, 2013. APPROVED: ATTEST: SONDRA E. SMITH, City Cler EXHIBIT 'A' VAC13-4459 201 W. MOUNTAIN ST. Close Up View > _ a m J l _ III_ SUBJECT PROPERTY j a I-. 11 Legarl -.-.-..... Multi -Use Trail (Existing) ......;,, Future Trails L _ _ _; FayttV"1 Limits CENTER ST 9 W Q MOUNTAIN ST ALLEY 155 .1 ICJ •• - VAC 13-4459 ® Footprints 2010 — Hillside -Hilltop Overlay District _! Design Overlay Di trict Design Overlay Di ,trict 0 37.5 75 150 225 300 ------ Planning Area Fes, ROCKST EXHIBIT `B" VAC 13-4459 RIGHT-OF-WAY AND UTILITY EASEMENT VACATION LEGAL DESCRIPTION THAT PORTION OF THE EASEMENT FILED FOR RECORD IN WASHINGTON COUNTY, ARKANSAS IN BOOK 958 AT PAGE 705 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 32 BEING A POINT ON THE SOUTH RIGHT-OF-WAY OF W MOUNTAIN STREET AND THE WEST LINE OF CHURCH AVENUE AS SHOWN ON THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, RUN THENCE ALONG SAID MOUNTAIN STREET R/W WEST (N89°59'09"W MEASURED) A DISTANCE OF 2.50 FEET TO THE POINT OF BEGINNING (POB) OF SAID VACATION; THENCE CONTINUING ALONG SAID R/W WEST (N89°59'09"W MEASURED) A DISTANCE OF 7.50 FEET; THENCE LEAVING SAID R/W AND RUNNING SOUTH (S00°16'18"W MEASURED) A DISTANCE OF 55.00 FEET TO THE A POINT 1 FOOT, MORE OR LESS, SOUTH OF A 1.5 FOOT HIGH BRICK WALL; THENCE WITH SAID WALL LINE EAST (N89°51' 14"E MEASURED) 7.50 FEET TO A POINT 2.5 FEET OFF THE WEST R/W LINE OF CHURCH AVENUE; THENCE NORTH (N00°16'18"E MEASURED) ALONG SAID R/W A DISTANCE OF 55.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING CONTAINING 0.009 ACRES (412.5 SF), MORE OR LESS, AND LEAVING 2.5 FEET OF THE EASEMENT IN PLACE DIRECTLY ADJACENT TO CHURCH AVENUE TO MAINTAIN MINIMUM CITY REQUIRED R/W, SAID BEARINGS ARE REFERENCED FROM AN ENGINEERING SURVEY FILED FOR RECORD IN BOOK 2007 AT PAGE 1127, WASHINGTON COUNTY, ARKANSAS AND THE VACATION IS ENCOMPASSED BY THE PROPERTY DESCRIBED IN DEED OF RECORD IN BOOK 2005 AT PAGE 34587, WASHINGTON COUNTY, ARKANSAS Washington County, AR I certify this instrument was filed on 10/07/2013 09:05:36 AM and recorded in Real Estate File Number 2013-00034038 Kyle Syives a Circuit Clerk by City of Fayetteville Staff Review Form Jesse Fulcher Submitted By City Council Agenda Items and Contracts, Leases or Agreements 9/17/2013 City Council Meeting Date Agenda Items Only Planning Development Services Division Department hcuuu 4C 13-4459: VACATION (201 W MOUNTAIN ST, 523): Submitted by WILLIAM RUDASILL, PE for property locat 201 W. MOUNTAIN STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 15 acres. The request is to vacate a portion of a right-of-way and utility easement. 9 Cost of this request Account Number Category / Project Budget Funds Used to Date Program Category/ Project Name Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached 6-7A,yt Previous Ordinance or Resolution # Date Original Contract Date: Original Contract Number: Date {� /� ? - z9-201) TaA Gi `ec � ti EKT 6 ' Finance and Internal Services Director Date Received in City Clerk's Office -30-13 Date EHT EO Received in l Mayor's Office Date Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE 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: August 29, 2013 Subject: VAC 13-4459 (201 W MOUNTAIN ST/LOAFIN JOE'S) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a right-of-way and utility easement. BACKGROUND The subject property is located at the southwest corner of Mountain Street and Church Avenue and is developed with the Loafin Joe's restaurant. Adjacent to the east side of the building (along Church Avenue), exists a 10 foot wide right-of-way and utility easement that was deeded in the 1970's. There are no utilities within the easement with the exception of an overhead power line at eastern edge of the easement. AEP Swepco will maintain 2.5 feet of the easement adjacent to the right-of-way for maintenance of their facilities. This will also provide sufficient right-of-way space for any future street improvements based on Master Street Plan requirements. The applicant's request is to vacate the west 7.5 feet of the right-of-way and utility easement. This will allow the property owner to construct a new outdoor dining area on the east side of the building within an existing landscape bed. On August 26, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 13-4459 SUBMITTED BY WILLIAM RUDASILL FOR PROPERTY LOCATED AT 201 W MOUNTAIN STREET, TO VACATE A PORTION OF A RIGHT-OF-WAY AND UTILITY EASEMENT, A TOTAL OF 413 SQUARE FEET. WHEREAS, the City Council has the authority tinder 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 and 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 right-of-way and 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. "The eastern 2.5 feet of easement shall be retained and may be used in conformance with 166.12 Structures Not Allowed within Public Easements. The location of any expansion shall be reviewed by the Planning Division to ensure that adequate and safe site lines are maintained for motorists and pedestrians." PASSED and APPROVED this day of 2013. APPROVED: ATTEST: It LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT 'A' VAC13-4459 201 W. MOUNTAIN ST. Close Up View --'--' Multi -Use Trail F Trails i L-- AC13-4459 ® Footprints 2010 - Hillside -Hilltop ( Design Overlay Design Overlay ------ Planning Area CENTER ST tf15 �� iI = r �! t, ry i y,r rr i District 0 37.5 75 150 225 300 Feet ALLEY 155, ROCK ST EXHIBIT "B" VAC 13-4459 RIGHT-OF-WAY AND UTILITY EASEMENT VACATION LEGAL DESCRIPTION THAT PORTION OF THE EASEMENT FILED FOR RECORD IN WASHINGTON COUNTY, ARKANSAS IN BOOK 958 AT PAGE 705 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 32 BEING A POINT ON THE SOUTH RIGHT-OF-WAY OF W MOUNTAIN STREET AND THE WEST LINE OF CHURCH AVENUE AS SHOWN ON THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, RUN THENCE ALONG SAID MOUNTAIN STREET R/W WEST (N89°59'09"W MEASURED) A DISTANCE OF 2.50 FEET TO THE POINT OF BEGINNING (POB) OF SAID VACATION; THENCE CONTINUING ALONG SAID R/W WEST (N89°59'09"W MEASURED) A DISTANCE OF 7.50 FEET; THENCE LEAVING SAID R/W AND RUNNING SOUTH (S00°16'18"W MEASURED) A DISTANCE OF 55.00 FEET TO THE A POINT 1 FOOT, MORE OR LESS, SOUTH OF A 1.5 FOOT HIGH BRICK WALL; THENCE WITH SAID WALL LINE EAST (N89°51'14"E MEASURED) 7.50 FEET TO A POINT 2.5 FEET OFF THE WEST R/W LINE OF CHURCH AVENUE; THENCE NORTH (N00°16'18"E MEASURED) ALONG SAID R/W A DISTANCE, OF 55.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING CONTAINING 0.009 ACRES (412.5 SF), MORE OR LESS, AND LEAVING 2.5 FEET OF THE EASEMENT IN PLACE DIRECTLY ADJACENT TO CHURCH AVENUE TO MAINTAIN MINIMUM CITY REQUIRED R/W, SAID BEARINGS ARE REFERENCED FROM AN ENGINEERING SURVEY FILED FOR RECORD IN BOOK 2007 AT PAGE 1127, WASHINGTON COUNTY, ARKANSAS AND THE VACATION IS ENCOMPASSED BY THE PROPERTY DESCRIBED IN DEED OF RECORD IN BOOK 2005 AT PAGE 34587, WASHINGTON COUNTY, ARKANSAS F e evi le Y naKnNsns PC Meeting of August 26, 2013 1111, CI I 01: 1'AY[A II VII I.I., AMkANSAS 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: A•'��•�1 ,; Updated August 29, 2013 VAC 13-4459: VACATION (201 W MOUNTAIN ST, 523): Submitted by WILLIAM RUDASILL, PE for property located at 201 W. MOUNTAIN STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.15 acres. The request is to vacate a portion of a right-of-way and utility easement. Planner: Jesse Fulcher Findings: Property: The subject property is located at the southwest corner of Mountain Street and Church Avenue and is developed with the Loafin Joe's restaurant. Adjacent to the east side of the building (along Church Avenue), exists a 10 foot wide right-of-way and utility easement that was deeded in the 1970's. There are no utilities within the easement with the exception of an overhead power line at eastern edge of the easement. AEP Swepco will maintain 2.5 feet -of the easement adjacent to the right-of-way for maintenance of their facilities. This will also provide sufficient right-of-way space for any future street improvements based on Master Street Plan requirements. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial DG, Downtown General South Residential DG, Downtown General East Commercial MSC, Main Street Center West Parking lot DG, Downtown General Request: The applicant's request is to vacate the west 7.5 feet of the right-of-way and utility easement. This will allow the property owner to construct a new outdoor dining area on the east side of the building within an existing landscape bed. Easement Vacation Approval: The applicant has submitted the required easement vacation forms to adjacent property owners and all utility companies with no objections. G:\ETC\Development Services Review\20130evelopment Review\13-4459 VAC 201 W Mountain_Loa in Joe's\74 Planning Commission\08-26-2013\Comments and Redlines 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: Water/Sewer No Objections Transportation No Objections Solid Waste No Objections ADJACENT PROPERTY OWNER: RESPONSE Michael and Julie Roetzel No objections City of Fayetteville No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4459 to the City Council with a recommendation for approval subject to the following conditions: 1. The remaining 2.5 feet of easement shall only be used in conformance with 166.12 Structures Not Allowed within Public Easements. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 0 Forwarded Date: August 26, 2013 Motion: Cook Second: Chesser Vote: 7-0-0 Notes: O Denied O Tabled GAETC\Development Services Review\2013\Development Review\13-4459 VAC 201 W Mountain_Loafin Joe's\14 Planning CommissionN08-26-2013\Comments and Redlines From the Desk of William B Rudasill, P.E. Address:1780 N Woolsey, Fayetteville, AR 72703 Phone: (479) 466-4655 Email: wbrengr@vahoo.com Attn: Planning Board and City Council City of Fayetteville 113 W Mountain St, Fayetteville, AR 72701 RE: Loafin' Joe's Easement Vacation Petition 201 W. Mountain St., Fayetteville, AR 72701 July 2, 2013 Dear Board and Council Members On behalf of Joseph Weber the owner of Loafin' Joe's on the SW corner of W Mountain St and Church Ave, also known as 201 W Mountain St. here in Fayetteville, I am submitting an Easement Vacation Petition for a portion of an easement lying along the east line of his property to allow him to extend his roof lines to accommodate a covered open air patio expansion to his existing facility. The area will be contained within an existing walled area that pre -dates the easement and is currently a landscaped garden. We have worked diligently with the utility companies to accommodate their needs and have received their approvals. A site plan and construction drawings for the proposed expansion have been enclosed for your review and to show the Impact of the easement and the reasons for the need to vacate a portion of said easement. If you have any questions or need more information, please don't hesitate to call. Respectfully William B Rudasill, Jr. Project Engineer WEBER/LOFIN' JOE'S EASEMENT VACATION LEGAL DESCRIPTION: That portion of the easement flied for record In Washington County, Arkansas in Book 958 at Page 705 described as follows: Commencing at the Northeast Corner of said Block 32 being a point on the South Rlght-of-Way of W Mountain Street and the West Line of Church Avenue as shown on the Original Plat of the Town of Fayetteville, Run thence along said Mountain Street R/W West (N89059'09"W measured) a distance of 2.50 Feet to the Point of Beginning (POB) of said vacation; thence continuing along said R/W West (NB9°59'09"W measured) a distance of 7.50 Feet; thence leaving said R/W and running South (S00°16'18"W measured) a distance of 55.00 Feet to the a point 1 foot, more or less, south of a 1.5 foot high brick wall; thence with said Wall Line East (N89°51'14"E measured) 7.50 Feet to a point 2.5 feet off the West R/W line of Church Avenue; thence North (N00016'18"E measured) along said R/W a distance of 55.00 Feet, more or less, to the Point of Beginning containing 0.009 acres (412.5 SF), more or less, and leaving 2.5 feet of the easement In place directly adjacent to Church Avenue to maintain minimum City required R/W, said bearings are referenced from an Engineering Survey filed for record In Book 2007 at Page 1127, Washington County, Arkansas and the vacation is Encompassed by the Property Described in Deed of Record In Book 2005 at Page 34587, Washington County, Arkansas ftE1-1 CU,4f.1. ptFNCH E A s F N E N 7B MAR If tf V kA-rk- ^ J rrsH, KNOW ALL MEN BY THESE PRESENTS: �lL 4nRfvcrorr covary That the undersigned granturn for the consfaill,fi kpF�tj�� one Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City of Fayetteville, Arkansas, a municipal corporation, the grantee, the rdcdipt of Which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Fayetteville, Arkansas, a municipal corporation, a perpetual casement for the purpose of constructing, maintaining, repairing and replacing a public street and utility lines, to -wit: Ten feet of equal and uniform Width off the EesC side of the following described property, to -wit: Lots 1 and 2 in Block 32 as designated upon the original plat of the Town of Fayetteville - EXCEPT 8 feet off the West side of said Lot 2 -, and all being more particularly described as follows, to -wit: Beginning at the Northeast corner of said Block 32, and running, thence West 100 feet to the Northeast corner of the Paddock Lot; thence South 155 feet; thence East 100 feet to the East line of said Block; thence North 155 feet CO the place of beginning. TO HAVE AND TO HOLD said premises to said grantee, the City of Fayetteville, Arkansas, for the uses and purposes hereinbefore described. WITNESS our hands and seals on this 7 day of (/ �Z_Xat, , 1977. ' xuT� meri 9F.�'Yarye � y "y, a =� ACKNOWLEDGMENT STATE OF ARKANSAS ) I. ^ COUNTY OF WASHINGTON )SS vil)� 7C1� On this N day of ��/ 1977, before me, 1J Cho undersign�ary Publ c, personally appeared Truman E- Yaneey and Sylvia M. Yancey, known to me to be the grantors in the foregoing £aaement, and stated chat they had executed eme"far, the purposes and consideration therein mentioned n-.__... 1_::dxrneas Whereof, I hereunto set my bend this d7 Tar, _c /WZ?I f/.�Jrl�4lm.",4 .� i,, Vy Cbmmie,s ion Expires: PETITION TO VACATE A PORTION OF A UTILITY/ROAD EASEMENT LOCATED IN LOT 1, BLOCK 32 OF THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS. TO: The Fayetteville City Planning Commission and the Fayetteville City Council We, the undersigned, being all the owners of the real estate encompassing a portion of the easement hereinafter sought to be abandoned and vacated, lying in Lot 1, Block 32 of the Original Plat of the Town of Fayetteville, City of Fayetteville, Washington County, Arkansas, a municipal corporation, petition to vacate a utlilty/road easement which Is described as follows: That portion of the easement filed for record in Washington County, Arkansas in Book 958 at Page 705 described as follows: Commencing at the Northeast Corner of said Block 32 being a point on the South Right -of -Way of W Mountain Street and the West Line of Church Avenue as shown on the Original Plat of the Town of Fayetteville, Run thence along said Mountain Street R/W West (N89°59'09"W measured) a distance of 2.50 Feet to the Point of Beginning (POB) of said vacation; thence continuing along said R/W West (N89'59'09"W measured) a distance of 7.50 Feet; thence leaving said R/W and running South (S00°16'18"W measured) a distance of 55.00 Feet to the a point 1 foot, more or less, south of a 1.5 foot high brick wall; thence with said Wall Line East (N89'51'14"E measured) 7.50 Feet to a point 2.5 feet off the West R/W fine of Church Avenue; thence North (N00016'18"E measured) along said R/W a distance of 55.00 Feet, more or less, to the Point of Beginning containing 0.009 acres (412.5 SF), more or less, and leaving 2.5 feet of the easement in place directly adjacent to Church Avenue to maintain minimum City required R/W, said bearings are referenced from an Engineering Survey filed for record In Book 2007 at Page 1127, Washington County, Arkansas and the vacation Is Encompassed by the Property Described in Deed of Record In Book 2005 at Page 34587, Washington County, Arkansas; That the public interest and welfare of the abutting real estate to the easement used by the public for many years, said properties being the remaining portions of Lot 1, Block32 of the Original Plat of the Town of Fayetteville and the Original Church Avenue R/W Owned by the City of Fayetteville, will not be adversely affected. The petitioners further pray that the above described real estate be vested in the abutting/encompassing 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/road easements, and that title to said real estate sought to be abandoned be vested in the abutting/encompassing 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 easement. 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A O to O I F D m0 F O 0 m D T ti S tnD DKmMZ 0 0 tizz mAtixl ' m D K N-m00D DD=m r O OW Om No Z JAp AN,� m F Z p e O m Z W D tD I N O K 0 m O A Z m U 0 O- F m A w m u Z T. m O 0 0 Z rmV O S31^x F N z w N� Z N m A N m m N— o m >"v m m z N O p y 0 D y Z O m S m I F, y m< to O m MCS m ti m Z m CrD� D O m m Z Z D p O y S ti LOCUST AVE. 0 CI (A I MI ti UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS D;, 1 L: UTILITY COMPANY: A A ITLICANTNAMF.- . "''t _ . _ . REQUESTED VACATION (applicant mast check al rhnl npplly: 'Utility Easement APPLICANT PHONE; Right-of-way for alley or streets and all utiI ity easements located within the vacated right- of- way. Alley "rStreet right-of-way I have been notified of the petition to vacate the following (nllen, easement, righaof--may), described Lis Ibllows: General location / Address (referring to attached document- must he completed") i (ATTACH legal description and graphic represenhtdon ojtvhat !s heing vnenled-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: OWIJQl2'S CX�ENS� Signature of Utility Company Representative os0 �E51C�/J E1.1Cs! y&EV1 -Title E FRw PG/zT-'e Upsi >w z UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: '.S/2112013 - UTILITY COMPANY: APPLICAN9NAME: APPLICANT PH ONE: 'I REQUESTED VACATION(app[icantmrPPY)'rslcheck gU thata l . — '/Utility Easement Right-of-way for alley or sheets and all utility easements located within the vacated right- of- way. Alley •Street right-of-way I have been noNOed orthe petition to vacate the following (rrDev. easement. right-of-wetv), described as follows: General location / Address (referring to attached document- must be completed") (A7TACHlegu/rlescrlptlon o/ Agraphferepresentnaton ofwharls heing vnenled-.SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacations) described above. No objections to the vacotion(s) described above. provided following described easements are retained. (State the location, dimensions, and purpose below.) _�jCj,Stin� aerial facilitj�;tlo�.lg Church Avenue t7�t Sl t remain within a utility easement. No objections provided the flul lowing conditions are met: i Signature of Utility Comr my Repirs5l4tivc NWA Construction Planner Title A,grnr1012 Doge 5 UTILITY APPROVAL FORM FOR RIGHT -OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: t! C APPLICANTNAME: © _ APPLICANTPHONF:471!nZ 'M44 REQUESTED VACATION (applicant must check all that apply): 'Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley ✓Street right-of-way I have been notified of the petition to vacate the Following (alley, easement. right -of --way), described as Ibllows: General location / Address (referring to attached document- must be completed*") G (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 3 No objections to the vacation(s) described above. p No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) a No objections provided the following conditions are met' Sign�te�pVV of Utility Company Rcpr ' ntative btS k. Title Augurr?011 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: r UTILITY COMPANY: APPLICANT NAME:_ '11I "I APPLICANT PHONE; REQUESTED V ACAT[ON (appl/canl must check gU that apply)_ /UliliLy Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley ''Street right-of-way 1 have been noiifled of the petition to vacate the following (alley. easement, righl-of-woy), described as Ibllow$: General location ! Address (referring to attached document- must be completed") rr•Il' 1'., i.•)!. 11 yt'_'f� 'f• 1��f .� (ATTACH legal deserlpllon and graph lc representation ofwhat Is being vecalerl-SURVEY) UTILITY COMPANY COMMENTS: No objections to thevacation(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 are me(: Sign cilu/rc I'•E J�Iilily Crn/u�µnnr /�tromcn huirc `—"- l itlu Augav 20)2 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEV, AND UTILITY EASEMENT VACATIONS DATE: " UTILITY COMPANY: Qitk F{� •'�.f �„ APPLICANTNAME:_"''%_"'d " G_ APPLICANT PHONE: �'ltr�l•—Co. a. --I- L - — — — .. 1—Z = REQUESTED VACATION (applieani nisi check a lhai 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 1 have been notified of the petition to vacate the following (alley, easement, right -of -may), described as follows; General location / Address (referring to attached document- must be completed**) sy. WrA CH legal description and graphic representation of whal is being vnaded-SURVEY) UT(LITY COMPANY COMMENTS: No objections to the vacations) describe) above. Th r S t 5 I N 4 G P Te r'r &D rl No objections to the vacation(s) described above, provided following described easements are retained. 1 (State the location, dimensions, and purpose below.) No objections provided the tbllowing conditions are met: eg Sz kl tig 7 e c fit. I'Itle a,,gvs, zaz page i UTILITY APPROVAL. FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DALE: U"fILITY COMPANY: i' Vk-lJtEV)1)Y (/..'1/(L{"k= it �-J'Y!' th/ APPLICANTNAME: .' (I APPLICANTHIONE! "I i RIiQUESTEO VACATION (applicant nmst check oil that applt): 'Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- or- way, Alley '%Street right-of-way I have been notified of the petition to vacate the following (attev. easement, right-of-wav), described as tbilows; General location / Address (referring to attached document- must be completed**) (ATTACH legat description and graphic represenlatiml of wh(st is being vacated -SURVEY) U-rn.1TY COMPANY COMMENTS: X No objections to the vacations) described above. No objections to the vacation(s) described above, provided fallowing described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility Compp % Rcprescnta[ive Title August 2012 P.S. 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: ' UTILITY COMPANY: r`3\�((''.1 !C'ti�ri ,n i_�, ..) I I( i ! , Z'''.-Ip APPLICANTNAME: • ; ^ (__'_ _ _-_- APPLICANTPHONE: " _(`L-:_l?!t^ REQUESTED VACATION (applicgm must check q(( thal gppiy): '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 orthe petition to vacate the following (alley, easeinem, right -of way). described as rol lows; General location / Address (referring to attached document- must be completed•") r (ATTA CH legal description and graphic represenlallon of )Plrat is being vuealed-SVR VEY) UTILITY COMPANY COMMENTS: KNo 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: r l ` 1 Signature ol'U111ityCaml. n. Representative A ,psr 10)1 Po,ge 9 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, .ALLEY, AND UTILITY EASEMENT VACATIONS DATE: r UTILITY COMPANY: I ,/1'f' -."Jh! /.) lI' a � AY. LfCAN'f NAMCi: tr APPLICANT PHONE: REQUESTED VACATION (applicant most check yU that appll): 'Utility Easement Right-of-way toralley or streets and oil utility easements located within the vocated right- ol- way. Alley `Street right-of-way I have been notiRed 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 and graphic representation of what Is hehag vacated -SURVEY) UTILITY COMPANY COMMENTS: Y* 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 helow.) V No objections provided the following conditions arc met: `Iignaluft yL11lity Company Representative Title Angnssl zw> Pace 5 VAC 13-4459 Close Up View I' �ir LUaVAC 13-4459 - Footprints 2010 _ Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 37.5 75 ------ Planning Area 201 W. MOUNTAIN ST. CENTER ST i I :T PROPERTY TY .. " MOUNTAIN ST 150 225 300 IiiiiiiiiiiMMMMM Feet _❑1 ALLEY tBS- NORTHWEST ARKANSAS DEMOCRATGAZE TE NORTHWEST ARKANSAS THE MORNING NEWS OF SPRINGDALE N�SPAPE�LLC HNORTH ESTNG ARK OF ROGERARKANSAS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, 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 5615 Was inserted in the Regular Editions on: September 26, 2013 Publication Charges: S 97.28 Subscribed and s*Qpfi to before me This � day of 50& , 2013 cwat� ( )4 Notary Public My Commission Expires: ZWz-z+� a! o6uy�` Crl i� L`4�1 t Tientun CD nI �• * *NOTE* * Please do not pay from Affidavit. Invoice will be sent.