HomeMy WebLinkAboutOrdinance 5633ININllllllllfllllN1111fI�IIIINNIINf IIIIIIIIIININIIINlIIIIIIIIIlIIIIII Dac ID: 015493170003 Type; qEL Kind: ORDINANCE Recorded: 11/16/2013 at 10. 13:06 AM Fee Amt: ffi25.00 Pape 1 of 3 HylelSylvesternClr•cuIt Clerk F14013-00038334 ORDINANCE NO.5633 AN ORDINANCE APPROVING VAC 13-4503 SUBMITTED BY MCGOODWIN, WILLIAMS, AND YATES FOR PROPERTIES LOCATED AT 516 AND 518 SOUTH EASTERN AVENUE TO VACATE A RIGHT-OF-WAY AND TWO ALLEYS ON THE SUBJECT PROPERTY, A TOTAL OF 0.19 ACRES 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 two alleys are 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 two alleys 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. PASSED and APPROVED this 5ch day of November, 2013. APPROVED: ATTEST: -- By: SONDRA E. SMITH, City Clerk/Treasurer 4. V. t,�TY oG !!!!!l111Ik IIt51��,` EXHIBIT "A" g7 s' a�fi�_E=s,,,esl ��€pyy aa:_<EEES� ��s gas �y6. gC �gY E6Y9 rY:^$o �'pR �bFF a r6gagq �W 6t;� � 'afi gidak �g gsa � §';90 F gg !a; �g1`9g3 �s 8�aiY ¢eF�l 3ais§ a 8�ia $�g5 �Alp�'�s By $z ^�Ppf z 9Ra 5�CE F5 !@@ys 55 �ppE 6s e$6�p�fg E6� y66ii4 F-� �Ys isix i3.F WHIT d �T�31iA �aaab Y$�E�i+i y°IdF F��Y3 �Ad MIN Q��El�a�Bag ! k, .a�y�yggg° � SGIa a��aEB s e�2 A5§Ytl 4��$€af I I I,o�g •�yasY� A s G• b al �� �E a RIP, E @ 6 Q � a- Itl i• c iFj{ 6 iE ? IN s" illoR �Iew raj= Si t c g EXHIBIT "B" VAC 13-4503 A PART OF THE SOUTHWEST QUARTER (SW %) OF THE SOUTHEAST QUARTER (SE%) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE FOUND REBAR WITH PLASTIC CAP AT THE NORTHWEST CORNER OF LOT 5 IN BLOCK 14 OF THE FAIR PARK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF SAID ADDITION RECORDED IN BOOK 5 PAGE 50 IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND AS SHOWN ON PLAT OF SURVEY BY GARY LEE DENZER, PS 1266 RECORDED IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, FILE #2011-8765 THENCE NORTH 30 13' 40" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF EASTERN AVENUE A DISTANCE OF 50.16 FEET TO A FOUND REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF LOT 6 IN BLOCK 10 OF SAID ADDITION; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE SOUTH 880 09' 25" EAST ALONG THE SOUTH LINE OF SAID LOT 6 A DISTANCE OF 145.05 FEET TO A FOUND REBAR WITH PLASTIC CAP AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE LEAVING SAID SOUTH LINE SOUTH 860 46' 25" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF REYNOLDS STREET A DISTANCE OF 14.95 FEET TO A SET 5/8" REBAR WITH YELLOW PLASTIC CAP STAMPED "GARY DENZER AR 1266"; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 880 09' 25" EAST A DISTANCE OF 5.00 FEET TO A FOUND %" REBAR ON THE EAST LINE OF SAID REYNOLDS STREET RIGHT-OF-WAY AS SHOWN ON THE SURVEY PLAT BY PAUL E. DAVIS, PS 969 RECORDED AT BOOK 672 PAGE 23 IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE SOUTH 3013' 55" WEST ALONG SAID EAST LINE A DISTANCE OF 49.94 FEET TO A SET 5/8" REBAR WITH YELLOW PLASTIC CAP STAMPED "GARY DENZER AR 1266" ON THE SOUTH RIGHT-OF-WAY LINE OF SAID REYNOLDS STREET; THENCE LEAVING SAID EAST LINE NORTH 88106' 28" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF REYNOLDS STREET A DISTANCE OF 14.96 FEET TO A FOUND REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF LOT 5 IN BLOCK 14 OF SAID ADDITION; THENCE NORTH 88106' 28" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 150.04 FEET TO THE POINT OF BEGINNING, CONTAINING 8,281 SQUARE FEET OR 0.19 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 11/18/2013 1013:06 AM and recorded in Real Estate File Number 2013-00038334 Kyle SylveslgrTircuit Clerk MA City of Fayetteville Staff Review Form Andrew Garner Submitted By City Council Agenda Items and Contracts, Leases or Agreements 11/5/2013 City Council Meeting Date Agenda Items Only Planning Development Services Division Department Action Required VAC 13-4503: Vacation (516 & 518 S. EASTERN AVENUE/U OF A, 521): Submitted by MCGOODWIN, WILLIAMS, AND YATES for properties located at 516 AND 518 SOUTH EASTERN AVENUE. The properties are zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.19 acres. The request is to vacate a right-of-way and two alleys. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Departmen Direr Date City Attomay Date Finance and Internal Services Director Date i-/d 1_ Date kD e 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 O / Mayor's Office 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: Andrew Gamer, Senior Planner Date: October 17, 2013 Subject: VAC 13-4503 (516 and 518 S. Eastern Ave./University of Arkansas) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate alley and street right-of- way. BACKGROUND The subject property is undeveloped street and alley right-of-way and located northeast of Martin Luther King Boulevard and Eastern Avenue, just south of the University of Arkansas. The property is undeveloped and owned by the University of Arkansas. The adjacent property is all owned by the University of Arkansas. The University of Arkansas intends to build greenhouses and a parking lot on the adjacent property and desires to utilize the subject right-of-way for their development area. The applicant has submitted the required right-of-way vacation forms to the City Utilities Departments, franchise utilities, and adjacent property owner (the University of Arkansas) with no objections. The applicant's request is to vacate the undeveloped street and alley right-of-way as indicated on the depicted exhibit. DISCUSSION On October 14, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0 on consent agenda. BUDGETIMPACT None. AN ORDINANCE APPROVING VAC 13-4503 SUBMITTED BY MCGOODWIN, WILLIAMS, AND YATES FOR PROPERTIES LOCATED AT 516 AND 518 SOUTH EASTERN AVENUE TO VACATE A RIGHT-OF-WAY AND TWO ALLEYS ON THE SUBJECT PROPERTY, A TOTAL OF 0.19 ACRES 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 two alleys are 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 two alleys in Exhibit B (attached). Section 2: That a copy of this Ordinance duty 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. PASSED and APPROVED this APPROVED: By: LIONELD JORDAN, Mayor day of 2013 ATTEST: LOW SONDRA E. SMITH, City Clerk/Treasurer a1. Qp. u_jj fill $!°en- 5� Eqp�iyg pp+Ea A¢s31AyE�§aEg§Ig $3-�Se3 F dyy5 1s- E��.s'�a�&��� au$1iE89��sp�R�i 13i 53§8 �FE�Ib•a?%9$as= H�cc$3�a&a Po aF° Kim ISa $ 6 �e2 pal! 4 b ° pp B ��a } � bilSeR;E $p"S Cv�L i Miss a$ §$�� ,EMI JA t�s,F 4 pgpgj(i p9( a tls Ey 3: I�{e j��gyy�n a list; spE s�p�{5[l:,.n 1111111919 gnb eE �d i@li{1i SIR .gm 9 u _ -1 y, ! 3 R`�-++e�jS5z2�C , ZVI—, ���<c onoSsS l2 n�•• P„e i c i2 fie[ ®`- l_ce_s Sup gRE $ 5MN eE° rt jig'! e" €`.ms $9 i..dFacsa n6='op !®a°R$ 3 s�e9s a3 ZSc •o<_ '{abY-6_i�$op �a� §��EFFa�d as Sias@�_p 4"a EF„o lit 1_ � �S i:y� yy8E`4_ss3 �F9 e�es e9 .fr �23e ergo-ee S y E'eecT1?a$p f$mlz% , em^$° FFC91001g55 eP {f §gPx on$ a QJ uds s8° > HIS 2P°59s ofai� a °Y§5� d�a e tig 538 U greet;@sW �bb� We „gig H k e 7$yyea °'i� y �8ia4 B9� HMO W) AO feln LOU .feiIX Coe w.. SB'f. l f2LGLq CaU #Lb 3 p_tli x ` FOM .0.T1 iM 1Yd 5V3 3 .q,<lt x � .SO LSD i S r O10111,b�, .t10h % = aNI x 311 aC° —_.2Z'In 3 S papq gn ii�° g � BP sa�}y�� ba PI;gS if j a QlS�plrsr.e dg `a 6$i e EXHIBIT "B" VAC 13-4503 A PART OF THE SOUTHWEST QUARTER (SW%) OF THE SOUTHEAST QUARTER (SE%) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE FOUND REBAR WITH PLASTIC CAP AT THE NORTHWEST CORNER OF LOT 5 IN BLOCK 14 OF THE FAIR PARK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF SAID ADDITION RECORDED IN BOOK 5 PAGE 50 IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND AS SHOWN ON PLAT OF SURVEY BY GARY LEE DENZER, PS 1266 RECORDED IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS. FILE #2011-8765 THENCE NORTH 30 13' 40" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF EASTERN AVENUE A DISTANCE OF 50.16 FEET TO A FOUND REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF LOT 6 IN BLOCK 10 OF SAID ADDITION; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE SOUTH 880 09' 25" EAST ALONG THE SOUTH LINE OF SAID LOT 6 A DISTANCE OF 145.05 FEET TO A FOUND REBAR WITH PLASTIC CAP AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE LEAVING SAID SOUTH LINE SOUTH 860 46'25" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF REYNOLDS STREET A DISTANCE OF 14.95 FEET TO A SET 5/8" REBAR WITH YELLOW PLASTIC CAP STAMPED "GARY DENZER AR 1266"; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 880 09' 25" EAST A DISTANCE OF 5.00 FEET TO A FOUND Y2 " REBAR ON THE EAST LINE OF SAID REYNOLDS STREET RIGHT-OF-WAY AS SHOWN ON THE SURVEY PLAT BY PAUL E. DAVIS, PS 969 RECORDED AT BOOK 672 PAGE 23 IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE SOUTH 30 13' 55" WEST ALONG SAID EAST LINE A DISTANCE OF 49.94 FEET TO A SET 5/8" REBAR WITH YELLOW PLASTIC CAP STAMPED "GARY DENZER AR 1266" ON THE SOUTH RIGHT-OF-WAY LINE OF SAID REYNOLDS STREET; THENCE LEAVING SAID EAST LINE NORTH 880 06' 28" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF REYNOLDS STREET A DISTANCE OF 14.96 FEET TO A FOUND REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF LOT 5 IN BLOCK 14 OF SAID ADDITION; THENCE NORTH 880 06' 28" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 150.04 FEET TO THE POINT OF BEGINNING, CONTAINING 8,281 SQUARE FEET OR 0.19 ACRES, MORE OR LESS. Ta ye evl e PC Meeting of October 14, 2013 AnKAN545 TILE CITY OF FAYE"I"FEV11.LE, ARI:ANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE 'relephone: (479) 575.8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: Oot&be ,,�9 October.] 72013 VAC 13-4503: Vacation (516 & 518 S. EASTERN AVER OF A, 521): Submitted by MCGOODWIN, WILLIAMS & YATES for properties located at 516 AND 518 SOUTH EASTERN AVENUE. The properties are zoned RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains a total of 5.66 acres. The request is to vacate a right-of-way and two alleys on the subject property. Planner: Andrew Garner Findings: Property and Background. The subject property is undeveloped street and alley right-of-way and located northeast of Martin Luther King Boulevard and Eastern Avenue, just south of the University of Arkansas. The property is undeveloped and owned by the University of Arkansas. The adjacent property is all owned by the University of Arkansas. The University of Arkansas intends to build greenhouses and a parking lot on the adjacent property and desires to utilize the subject right-of-way for their development area. Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundinq Land Use and Zoninc;; Direction from Land Use Zoning Site North University of Arkansas Parking Lot RMF-24, Residential Single Family 24 Units perAcre South Undeveloped University of RMF-24, Residential Single Family 24 Arkansas property Units perAcre East University of Arkansas buildings RMF-24, Residential Single Family 24 Units per Acre West Single family residence; Taco RMF-24, Residential Single Family 24 I Bueno restaur Units per Acre; R-O, Residential Office Request: The applicant's request is to vacate the undeveloped street and alley right-of-way as indicated on the depicted exhibit. Easement Natation Approval: The applicant has submitted the required right-of-way vacation forms to the City Utilities Departments, franchise utilities, and adjacent property owner (the University of Arkansas) with no objections. G_\ETC\Development Services Review\2013\Development Review\13-4503 VAC 516 & 518 S Eastern Ave (U ofA)\03 Planning Commission\I0-14-2013\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: RESPONSE Water/Sewer No objections Transportation No objections Solid Waste No objections ADJACENT PROPERTY OWNER: RESPONSE University of Arkansas No objections Public Comment: No public comment has been received. Recommendation: The undeveloped street and alley right-of-way has not been used and is not needed for public access. Staff recommends forwarding VAC 13-4503 to the City Council with a recommendation for approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: October 14, 2013 Motion: Winston Second: Chesser Vote: 9-0-0 Notes: Forwarded on consent with a recommendation for approval. G.\L i C\Development Services Review\2013\Development Review\I3-4503 VAC 516 & 518 S. Eastern Ave (tJ or A)\03 Planning Commission\I0-14-2013\Comments and Red]ines Ctodwin Williams & Yates E n9 in ee nnq Conr1de n C e August 2, 2013 Mr. Andrew Garver Senior Planner City of Fayetteville City Administration Building 113 West Mountain Fayetteville, Arkansas 72701 Re: Application for Street Right of Way and Alley Vacation University of Arkansas MWY Project No. UA-45V Dear Mr. Garner: Enclosed are application materials for vacation of the Street right of way and two alleys on the east side of South Eastern Avenue located between 516 S. Eastern Avenue and 518 S. Eastern Avenue. The University of Arkansas owns all the properties adjacent to the street right of way and the two alleys. The reason for this vacation request by the University of Arkansas is to be able to build greenhouses and a parking lot. This street right of way and two alleys has not been used by the public for many years and the public interest and welfare would not be adversely affected by the abandonment of the street right of way and the two alleys. Thank you for your consideration of this application. If you require additional materials, please let me know. GILD: bp Enclosures Jee Sincerely, A(�2a� Gary L. Denzer, P.S. .46_s�ss� E $• $ - p s° a �g � As s fsg;-1 ;—pj4e ;qj= -$s.z a a eC ain py dBv K�5 Q8 aaa i23 [¢55 ss IT ��[w� a q 3a y5nR to 4�"ggd=6 U sP y lay IV p �iEa LL o Ss QyQQ ]F,Q� �rr�Ar,. 3s° F rt 5Bgx#sfia�e3=aa;9e Q' ���se{yak �E6==�:o sQaQ i 6j Q.g�jg�661 q� § 1Y 1g2g§Q egs'�ay ae �g4i ,6de'{n ' d� $ •`&1 dX86SSR9� I�. FOe1� lick y f 5 -n ! ff IN i l [ nS�A �.. �-`.� I gil: ! `1 ` .nu ..vuec sn 9a• .xaz $ � 1 @@1 � wiumnlnee �y fm .van A Sao w y 10-l i� ia �e `r [Y m 6 T 3 '; ✓" IPi Q�l�"gI� 6 ,ij"� l2 - 113eE� RxX B Y 4 8lde fcFY, 9i8�'a9 m nx<n a,m.ncx - .vaa• •,xa .zH . SR mic `9r y�j �i a�Y NxLSA 3.wSa[ N 90 � 3.w CA[ x Alci - ].,[lair n v: ��itCQ im F w Ua�c' rxi YY I ' I ��f ®gg s1i �9iy4 {{I gFg ��'a9'�ai�Fr 9pj Yg--••_—_— �' i 1Q��3 � 186 1P�si 1E1��i 1�a�1 1a#�91 �2 4 Y1 1Xi�1 1s@�G g� LL E u PETITION PETITION TO VACATE A STREET RIGHT-OF-WAY AND TWO ALLEYS LOCATED IN FAIR PARK ADDITION, CITY OF FAYETTEVILLE, ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the street right-of-way and two alleys hereinafter sought to be abandoned and vacated, lying in Fair Park Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way and two alleys which is described as follows: DESCRIPTION: REYNOLDS STREET RIGHT-OF-WAY VACATION A part of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE'/4) of Section 17, Township 17 North, Range 30 West being more particularly described as follows: Begin at the found rebar with plastic cap at the northwest corner of Lot 5 in Block 14 of the Fair Park Addition to the City of Fayetteville, Arkansas as shown on plat of said addition recorded in Book 5 Page 50 in the records of Washington County, Arkansas, and as shown on plat of survey by Gary Lee Denzer, PS 1266 recorded in the records of Washington County, Arkansas, file #201 I-8765 thence North 3° 13' 40" East along the east right-of-way line of Eastern Avenue a distance of 50.16 feet to a found rebar with plastic cap at the southwest corner of Lot 6 in Block 10 of said addition; thence leaving said east right-of-way line South 88' 09' 25" East along the south line of said Lot 6 a distance of 145.05 feet to a found rebar with plastic cap at the southeast corner of said Lot 6; thence leaving said south line South 86' 46' 25" East along the north right-of-way line of Reynolds Street a distance of 14,95 feet to a set 5/8" rebar with yellow plastic cap stamped "Gary Denzer AR 1266"; thence along said north right-of-way line South 880 09' 25" East a distance of 5.00 feet to a found '/: " rebar on the east line of said Reynolds Street right-of-way as shown on the survey plat by Paul E. Davis, PS 969 recorded at Book 672 Page 23 in the records of Washington County, Arkansas; thence leaving said north right-of-way line South 3° 13' 55" West along said east line a distance of 49.94 feet to a set 5/8" rebar with yellow plastic cap stamped "Gary Denzer AR 1266" on the south right-of-way line of said Reynolds Street; thence leaving said east line North 88° 06' 28" West along said south right-of-way line of Reynolds Street a distance of 14.96 feet to a found rebar with plastic cap at the northeast corner of Lot 5 in Block 14 of said addition; thence North 88' 06' 28" West along said south right-of-way line and along the north line of said Lot 5 a distance of 150.04 feet to the point of beginning, containing 8,281 square feet or 0.19 acres, more or less. DESCRIPTION: ALLEY I VACATION A part of the Southwest Quarter (SW ''/4) of the Southeast Quarter (SE'/.) of Section 17, Township 17 North, Range 30 West being more particularly described as follows: Begin at the found rebar with plastic cap at the northeast corner of Lot 5 in Block 14 of the Fair Park Addition to the City of Fayetteville, Arkansas as shown on plat of said addition recorded in Book 5 Page 50 in the records of Washington County, Arkansas and as shown on plat of survey by Gary Lee Denzer, PS 1266 recorded in the records of the Washington County, Arkansas, file #2011-8765, thence South 88' 06' 28" East along the south right-of- way line of Reynolds Street a distance of 14.96 feet to a set 5/8 inch rebar with yellow plastic cap stamped "Gary Denzer AR 1266" on the west line of a survey by Paul E. Davis, PS 969 recorded at Book 672 Page 23 in the records of Washington County, Arkansas; thence leaving said north right-of-way line South 3° 13' 35" West along said west line a distance of 142.92 feet to a set 5/8 inch rebar pin with yellow plastic cap stamped "Gary Lee Denzer AR 1266"; thence leaving said west line North 88' 07' 04" West along the south line of said alley to be vacated a distance of 14.96 feet to a found rebar with plastic cap on the east line of Lots 5 & 6 in Block 14 of said addition; thence leaving said south line North 30 13' 40" East along said east line a distance of 142.92 feet to the point of beginning, containing2,257 square feet or 0.05 acres, more or less. pogo 1 J2 DESCRIPTION: ALLEY 2 VACATION A part of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE'/4) of Section 17, Township 17 North, Range 30 West being more particularly described as follows: Begin at the found rebar with plastic cap at the southeast corner of Lot 6 in Block 10 of the Fair Park Addition to the City of Fayetteville, Arkansas as shown on plat of said addition recorded in Book 5 Page 50 in the records of Washington County, Arkansas, and as shown on plat of survey by Gary Lee Denzer, AR 1266 recorded in the records of Washington County, Arkansas, file #201 1-8765; thence North Y 13' 35" East along the east line of Lot 6 in Block 10 of said addition a distance of 60.09 feet to a found rebar pin with plastic cap; thence North 30 13' 35" East along the east line of Lot 7 in Block 10 of said addition a distance of 60.02 feet to set 5/8 inch rebar with yellow plastic cap stamped "Gary Denzer AR 1266" at the northeast corner of said Lot 7; thence leaving said east line South 880 09' 25"East along the north line of said alley to be vacated a distance of 14.96 feet to a set 5/8 inch rebar with yellow plastic cap stamped "Gary Denzer AR 1266" on the west line of a survey by Paul E. Davis, PS 969 recorded at Book 672 Page 23 in the records of Washington County, Arkansas; thence leaving said north line South 30 13' 35" West along said west line a distance of 120.47 feel to a set 5/8 inch rebar with yellow plastic cap stamped Gary Denzer AR 1266" on the north right-of- way line of Reynolds Street; thence leaving said west line North 880 46'25" West along said north right-of- way line a distance of 14.95 feet to the point of beginning, containing 1,799 square feet or 0.04 acres, more or less. That the abutting real estate affected by said abandonment of the street right-of-way and two alleys are Lots 3, 4, 5 and 6 in Block 10 and Lots 4, 5 and 6 in Block 14 of Fair Park Addition, City of Fayetteville and has not been used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described street right-of-way and two alleys. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned by vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this---S—day of -dSA 20 University of Arkansas Printed Name Signature Printed Name Signature F., 2 "f2 UTIIdTY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: O B - Q S • ZU 13 UTILITY COMPANY: A T & T APPLICANT NAME: University of Arkansas APPLICANT PHONE: 479-575-2000 REQUESTED VACATION (applicant matse check gg that Wp(y): ❑ Utility Easement ❑ Rigbtof-way for alley or streets and all utility easements located within the vacated right- of- way. JK Alley B 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**) •' Between 516 S. Eastern Avenue and 518 S. Eastern Avenue, Fayetteville, Arkansas (ATTACH legaf description aadgrophie represenWdon of what is being vacated-SURVE19 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: fm FT :,k7 - 5Sl■ L _ as • ! . THE ovirVEIZ ptib 012 pE 5 (;XPJE7r'(Sc Signature of Utility Company Representative r August I0l1 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 8/1/2013 UTILITY COMPANY: Cox Communications APPLICANT NAME; University of Arkansas APPLICANT PHONE: 479-575-2000 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. x 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") •• Between 516 S. Eastem Avenue and 518 S. Eastern Avanae. Fayetteville, Arkansas (ATTACW legal description and graphic representation of what is being vacated -SURVEY) 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 to the Mowing vacation requesting rovidin the two poles along the cast side Eastern Avenue remain in Street Rieht-of way. D No objections provided the following conditions are met Signature of Utility Company Repr.a native Title Aagwt2012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 7- U-/3 UTILITY COMPANY: AEP/SWEPCO APPLICANT NAME: I UniversitvofArkansas APPLICANT PHONE: 479-575-2000 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. LX Alley R 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") "• Between 516 S. Eastern Avenue and 518 S. Eastem Avenue, Fayetteville, Arkansas (ATTACH legal description and graphic representation of what is being vacated -SURVEY UTILITY COMPANY COMMENTS: ( / No objections to the vacation(s) described above 11 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: Signatur,06futilityCompany epVntative //I S 11. �►442 /t�l' Title Aug n2012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5 )�b t (/b 13 UTILITY COMPANY: -710 v"Ce 6e, s — Ar APPLICANT NAME: University of Arkansas _ APPLICANT PHONE: 479-575-2000 REQUESTED VACATION (applicant must checker that apply): ❑ Utility Easement C Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ® Alley C 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") �• Between 516 S. Eastem Avenue and 518 S. Eastem Avenue, Fa ettevllle, Arkansas (ATTACH legal descrWdan and graphic representation of what is being vacated-SURVEV 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: Signature of Utility Company Representative zut`g!03 1t `4r1�•.cr Title Aug=2012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1�/" -3 UTILITY COMPANY: City of Fayetteville Transportation APPLICANT NAME: UniversitvofArkansas APPLICANTPHONE: 479-575-2000 REQUESTED VACATION (applicant must check gLl that apply): (l UtilityEasement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. x Alley Gt 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") "" Between 516 S. Eastem Avenue and 518 S. Eastern Avenue Fayetteville, Arkansas (ATTACH legal description and graphic representation of what is being vacated-SURVE1) UTILITY COMPANY COWAENTS: 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.) D No objections provided the following conditions are met: �✓fI-lfRfi� dt�}aR5(�t)<jT/Q! tflnl �Y1�.K(/��j't'�. Title Asg¢n 2012 Page S UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 7-24-2013 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: —University of Arkansas APPLICANT PHONE: 479-575-2000 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. IN Alley f9 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**) ** Between 516 S. Eastern Avenue,and 518 S. Eastern Avenue Fayetteville Arkansas (ATTACHlegal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: [A( 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: G1-eq McGee Signature of Utilih Lead Staking Tech Title Representative August 2012 Page 5 L��Il(lyy7� � j�i]�� If�C7;iu i FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 0-7�a3r�O1? UTILITY COMPANY: City of Fayetteville Water and Sewer APPLICANT NAME: Universitv of Arkansas _ _ _ _ APPLICANT PHONE: 479-575-2000 REQUESTED VACATION (applicant must check a that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. .4 Alley U 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**) ** Between 516 S. Eastern Avenue and 518 S. Eastern Avenue. Fayetteville. Arkansas (ATTAC11legal description and graphic representation of what is being vacated-SURVEI9 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: Signature Representative Augaet 10/1 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: _ —7 - Qq - t 3 UTILITY COMPANY; City of Fayetteville Solid Waste APPLICANTNAME: Universigy of Arkansas APPLICANT PHONE: 479-575-2000 REQUESTED VACATION (applicant must check nil that applyJ: Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. x Alley 5? 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**) ** Between 516 S. Eastern Avenue and 518 S. Eastern Avenue, Fayetteville, Arkansas (ATTACK legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: t . Signature of Utility Comp. ny Representative August 2012 Page 5 VAC13-4503 Close Up View 1! - 1,', •. NEPTUNE S7 VENIIS ST aA r U OF A P•1 SUBJECT PROPERTY T— MITCHELL ST z J Lr Q egehd 8 FARMINGTONST ,cs,,9P h %e.T=Sall(Existing) L. �• F+ltur`eTrai�s ....................,....'. r Fayetteville Ci • b AC13-4503 - Footprints 2010 _ Hillside -Hilltop Overlay District Design Overlay Di Itrict Design Overlay Di strict ------ Planning Area ° 75 150 aoo 450 aoo Feet NORTHWEST ARKANSAS DEMOCRATGAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE �SPAPERSLLC THE MORNING ARKANSEWS OFAS ROGERSTIMES NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 727021 479-442.17001 WWW.UWANEWS.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 5633 Was inserted in the Regular Editions on: November 14, 2013 Publication Charges: $ 103.76 This Zo day of X[j)�- 2013. eml,., I Notary Public I__(( ���� My Commission Expires:-k7D **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED NOV 2 6 2013 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE