HomeMy WebLinkAboutOrdinance 5643l Illllll1111111N1111 ill II11111111f1111111II11lllll I IIII 1R11111111111111111fl1
Doc ID: 015562080003 Type. REL
Kind: ORDINANCE
Fee Amttl. $25! O'Pape Stof0313:50 All
wash on Ceu nty, AR
Kyle Sylvester Circuit Clerk
F1102014-00000562
ORDINANCE NO.5643
AN ORDINANCE APPROVING VAC 13-4533 SUBMITTED BY BATES AND
ASSOCIATES FOR PROPERTY LOCATED AT 2732 AND 2734 WILDWOOD
TO VACATE A UTILITY AND DRAINAGE EASEMENT.
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 utility and drainage 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 utility and drainage easement in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3: That this vacation approval is subject to the Condition of Approval and shall
not be in effect until the condition is met.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this 171" day of December, 2013.
APPROVED: ATTEST:
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SONDRA E. SMITH, City Clerk/Trea , l ° s
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EXHIBIT "B"
VAC 13-4533
PORTION TO BE VACATED:
APART OF LOT 6AAND 6B OF TIIE REPLAT (PLAT BOOK 23 AT PAGE 91) OF LOT 6,
PINE VALLEY, PHASE I, A SUBDMSION TO TIIE CITY OF FAYETTEVILLE,
ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 12 AT PAGE 88, PLAT
RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT AN EXISTING REBAR MARKING TIIE NORTHWEST CORNER OF
SAID LOT 6B AND RUNNING THENCE S87041'43"E 8.00', THENCE S02°47'36"W 174.56',
THENCE N87010'29"W 16.00', THENCE NO2°47'36"E 174.49', THENCE
S87041'43"E 8.00' TO THE POINT OF BEGINNING.
Washington County, AR
1 certify this instrument was filed on
o110912014 10:13:50 AM
and recorded in Real Estate
File Num 0005
Kyie Syl ester it erk
by
City of Fayetteville Item Review Form
2013-0196
Legistar File Number
12-17-2013
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Quin Thompson Development Services
Submitted By Department
Action Required:
VAC 13-4533: Vacation (2732 & 2734 WILDWOOD/LEGACY, 363): Submitted by BATES &
ASSOCIATES for property located at the 2732 & 2734 WILDWOOD. The property is zoned
RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 1.15
acre. The request is to vacate a utility and drainage easement.
Does this item have a cost? No
Cost of this request
Account Number
Category or Project Budget
Funds Used to Date
Program or Project Name
Program or Project Category
$0.00
Project Number Remaining Balance Fund Name
Budgeted Item? = Budget Adjustment Attached? =
V20130812
Previous Ordinance or Resolution #
Original Contract Number: _ ( ' Vv„ /
Comments: {��t �
jG LN
THE CITY OF FAYETTEVILLE, ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Quin Thompson, Current Planner
Date: November 26, 2013
Subject: VAC 13-4533 Vacation (Drainage and General Utility Easement/Wildwood Drive)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate a drainage and general
utility easement near Wildwood Drive.
The property was originally platted as Lot 6 in the Pine Valley Sub -division. Multiple attempts to develop the
property have been abandoned in recent years by different developers, including a multi -family residential
project, a replat, a lot split, and a pair of variance requests, since 2000. A lot split was approved earlier this year
(PLA LSP 13-4388,) dividing the property into three building lots. There is an existing 16' drainage and
general utility easement platted on the property that remains from a previous attempt to develop the property.
The easement is no longer required under the current development proposal.
The applicant requests that this existing 16' drainage and general utility easement be vacated.
On November 25, 2013, the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 13-4533 SUBMITTED
BY BATES AND ASSOCIATES FOR PROPERTY LOCATED
AT 2732 AND 2734 WILDWOOD TO VACATE A UTILITY
AND DRAINAGE EASEMENT.
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 utility and drainage 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 utility and drainage easement in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3: That this vacation approval is subject to the Condition of Approval and shall
not be in effect until the condition is met.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this
APPROVED:
By:
LIONELD JORDAN, Mayor
day of 2013.
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
_EXHIBIT "A"
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LEGACY VENTURES
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CITY OF FAYETTEVILLE
IYASNINGTON COUNTY. ARXANSAS
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ADDITION
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EXHIBIT "B"
VAC 13-4533
PORTION TO BE VACATED:
APART OF LOT 6AAND 6B OF TIIE REPLAT (PLAT BOOK 23 AT PAGE 91) OF LOT 6,
PINE VALLEY, PHASE 1, A SUBDMSION TO TIIE CITY OF FAYETTEVILLE,
ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 12 AT PAGE 88, PLAT
RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT AN EXISTING REBAR MARKING TIIE NORTHWEST CORNER OF
SAID LOT 6B AND RUNNING THENCE S87041'43"E 8.00', THENCE S02°47'36"W 174.56%
THENCE N87010'29"W 16.00', THENCE NO2°47'36"E 174.49', THENCE
S87041'43"E 8.00' TO THE POINT OF BEGINNING.
aye le
ARNA N5A5
PC Meeting of November 25, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Quin Thompson, Current Planner
THRU: Andrew Garner, City Planning Director
DATE: UPDATED 11-26-2013
VAC 13-4533: Vacation (2732 & 2734 WILDWOOD/LEGACY, 363): Submitted by
BATES & ASSOCIATES for property located at the 2732 & 2734 WILDWOOD. The
property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and
contains approximately 1.9 acres. The request is to vacate a utility and drainage easements.
Planner: Quin Thompson
Findings:
Background: The property was originally platted as Lot 6 in the Pine Valley Sub -division.
Multiple attempts to develop the property have been abandoned in recent years by different
developers, including a multi -family residential project, a replat, a lot split, and a pair of
variance requests, since 2000. A lot split was approved earlier this year (PLA_LSP 13-4388)
dividing the property into three building lots.
Property Description: The subject property is located at 2732 W. Wildwood Drive, is
currently zoned RMF-24, Residential Multi -family, and contains approximately 1.9 acres. A
substantial amount of the rear of the subject property lies within designated floodplain. The
entire build -to -zone (front) of all three lots is encompassed with a 27-foot utility easement
adjacent to the street and a substantial portion of two of the lots is protected by an existing
tree preservation easement. Surrounding land use is depicted below in Table 1.
Table 1
Surroundine Land Use/Zonine
Direction from
Site
Land Use
Zoning
North
Undeveloped
RSF-4, Single -Family Residential, 4
Units per Acre
South
Residential
RMF-24, Multi -Family Residential
East
Industrial
1-1, Heavy Commercial -Light Industrial
West
Residential
RMF-24, Multi -Family Residential
GAETC\Development Services Review\2013\Development Review\134533 VAC 2732 & 2734 Wildwood (Legacy)\03 Planning
Commission\11-25-2013\Comments and Redlines
Request: The applicant's request is to vacate a general utility and drainage easement as
shown in the submitted exhibit.
Easement Vacation Approval: The applicant has submitted the required right-of-way vacation
forms to the City Utilities Departments, franchise utilities, and adjacent property owners with
no objections., however no response has been provided from AT&T.
Public Comment: No public comment has been received.
Recommendation: The existing easement was made redundant by the lot split approved
earlier this year where other easements for development were dedicated. Staff recommends
forwarding VAC 13-4533 to the City Council with a recommendation for approval with the
following conditions:
1. Any relocation or damage to any existing utility facilities shall be repaired at the
property owner's expense.
2. The agenda request for this item will not be submitted until the applicant
provides City Planning Staff the written permission form from AT&T.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Reauired
Planning Commission Action: X Forwarded O Denied O Tabled
Date: November 25, 2013
Motion: COOK
Second: CHESSER
Vote: 8-0-0
Notes: ON CONSENT
GAEMDevelopment Services Review\2013\Development Review\13-4533 VAC 2732 & 2734 Wildwood (Legacy)\03 Planning
Commission\I I-25-2013\Comments and Redlines
PETITION PAGE 1 OF 2
LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703
City of Fayetteville City Council
City of Fayetteville Planning Commission
125 West Mountain Street
Fayetteville, Arkansas 72701
October 16, 2013
Fayetteville City Council and Fayetteville Planning Commission:
Please accept this letter as a petition to vacate the existing drainage and utility easement located between lots 6A
and 6B in the Pine Valley Addition Phase V to the City of Fayetteville.
We currently own both lots abutting this drainage and utility easement and to my knowledge it is no longer needed
with the proposed development strategy. We have received approval for a lot split/lot line adjustment and
ultimately the construction of three duplex homes on the subject property of 1.91 acres. I have attached a survey
showing the lot boundaries, as well as, our site plan illustrating the location and layout of the future improvements.
The engineered site plan/grading plan takes into account all drainage in and around our planned improvements.
Furthermore, there are no utilities currently located in this easement. We are proposing to vacate the existing
easement; however, are dedicating another such easement approximately twenty feet to the east. The proposed
easement is the same width but extends to the north approximately 30 feet further than the existing easement on
record. The proposed easement will be dedicated when the lot split/lot line adjustment plat is filed. In the event of
any future use or need for an easement in this location it will be available.
The easement we are seeking to be abandoned and vacated is more completely described as follows:
(Legal Description of area to be vacated)
The abutting real estate affected by said abandonment of the drainage and utility easement is limited to lots 6A and
6B in the Pine Valley Addition Phase V to the City of Fayetteville.
We respectfully request that the City of Fayetteville Planning Commission and City Council vacate the above
described drainage and utility easement and allow it to be relocated to the east per the attached plat. This will
allow us the opportunity to construct improvements consistent with the current development pattern in this area.
Thank you for consideration of our request
Sincerely,
Tim Brisiel
I0
L� �s
Petition page 2 of 2
PCIRDON 10 RL VAL'4TPD_
N PARK OF LOT 6A AND 64 OF I III RF PI AI Wl NI HOOK -'IN I
PAW 'H I OF LOT 6_ PINE V.A1 1 0 PHASL I, A SUBDIVISION
To THE ( IF) ' OF FAY FTTLVIII L. ARKANSAS AS Silt WN ON
PLAT OF RECORD IN PINT ROOK I ] A C PAC II_ SA, PLA I
RLCORDS OF A ASH ISGEON( 'OU NTY_:ARKANSAS _ HLMC,
MORE Pa10-ICUI-AII0 VLSI RIHLD AS FOLLOWS. fO-lVI l-
HFGINNINO AI AN LXISTINI, RFHAR VLARKING [III
NORTH WEST CORNER OF SAID COl 6H AN D KONNINI,
THEM S87 41'J I'F NJFI'. THLNCF SUT'47'?4,'W I'i 56'. THLNCL
NS?"I0'24"%% 16.W', TIit NC E. NO2" 41I'16"L I7-1 40', T'HENCF
W U41"L 10ITTO TILL I'OINF OF III UJNNINu,
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: I 10115/2013
UTILITY COMPANY: AEP/SWEPCO
APPLICANT NAME: I Legacy Ventures, LLC Tim ftiel APPLICANT PHONE 479 790 3315
REQUESTED VACATION (applicant mast check all that apply):
❑ Utility Eascmcnt
❑ 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-oj--way), described as follows:
General location / Address (referring to attached document- must be completed")
"■ 273212734 Wildwood in the Pine Valley Subdivision Phase V
(ATTACH legal description andgraphic representadon of what is being vacated-SURVEI)
7COMPANY 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:
SignatO of Utility Company Relffesentative
ri�tci-� �l'IFi►n>o2Y--
Title
Augusr2012
Page S
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10/16 2013
UTILITY COMPANY: J Source Gas
APPLICANT NAME: Lagacy Ventures, LLC Tim Brisiel APPLICANT PHONL 479 7903315
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 follows:
General location / Address (referring to attached document- must be completed")
f. 273=734 VJildwccd in the Pine Valley Subdivision Phase V
(ATTACHlegal 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 propose below.)
No objections provided the following conditions are met:
/LIw
Signature of Utility Campany Repmsenta ' c
Title
Avgwt 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: I 10116/2013
UTILITY COMPANY: City of Fayetteville - Water and Sewer
APPLICANT NAME: Legacy Ventures, LLC Tim Brisiel APPLICANT PHONIi 479-790-3315
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
❑ Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
L Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed")
6- 2732i2734 Wildwood'm the Pine Valley Subdivision Phase V
(ATTACH legal description and graphic representation of what is being vacated-.SURVE1j
UTILITY COMPANY COMMENTS:
tX 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:
of Utility CorplSany Representative
Title
August 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: I _ l — t 3
UTILITY COMPANY:
APPLICANT NAME: APPLICANT PHONE:
REQUESTED VACATION (applicant must check g1l that appiy):
J Utility Easement
J Right-of-way for alley or streets and all utility easements located 'within the vacated right- of- way.
ll Alley
J 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")
sa
(ATTACH 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:
Signature of Utility Coinpahy Representative
Titic
Angast 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: IV 4 / — 1`3
UTILITY COMPANY: L:,T y e- �7Ccl /lr
APPLICANT NAME: APPLICANT PHONE:
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.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right -%way), described as follows:
General location / Address (referring to attached document- must be completed**)
**
(ATTACHlegal description and graphic representation of what is being vacated -SURVEY)
UTTIILITY COMPANY COMMENTS:
vY 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 L&ty Compan4RepreqentativE�f
August 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1 10/16/2013
UTILITY COMPANY: Ozark Electric
APPLICANT NAME: Legacy Ventures, LLC Tim Brisiel APPLICANT PHONE 479-790-3315
REQUESTED VACATION (applicant must check all that apply):
CZEUtility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed")
,,, 273V2734 Wildwood in the Pine Valley Subdivision Phase V
(ATTACH legal description and graphic representation of what is being vacated-SUR VE 19
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:
of Utility Company Representative
Lead Staking Tech.
Title
August 20l2
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1 10/16/2013
UTILITY COMPANY: I Cox Communications
APPLICANT NAME: I Legacy Ventures, LLC Tim Bdslel APPLICANT PHONE 479 790�315
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.
u Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed"")
„ 2732i2734 Wildwood in the Pine Valley Subdivision Phase V
(A77ACH legal description and graphic representation of what is being vacated-SURVEIj
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.)
[it No objections provided the following conditions are met:
Any dame to or relocation of existing facilities will be at the owners/developers request.
Signature of Utility Company Rept ntative
Construction Planner III NWA
Title
August 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1 10/16/2013 71
UTILITY COMPANY: AT&T
APPLICANT NAME: Legacy Venhures, LLC Tim ttdeiet APPLICANT PHONE �737903315
REQUESTED VACATION (&AWmw mop check gg Aw &A*):
Utility F.asevuenr
Right -of --way for alley or almep 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, ememen6 rightaf-way), described as follows:
General location I Address (referring to attached document. must be completed**)
.. 2731/27l4 WiHe»d in the Fine Velkry Suhfivbion Phase V
(A ITA CH k9d deserWon Wd SFWA k nPresentation ofwkarhbeing VWWOASURVEI)
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.)
0 No objections provided the following conditions are met:
EQ?��PEIJSE
Signature of Utility Company Representative
USP DESIGN �►��i�1EE►Z
Title
,luawt 101I
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VAC 13-4533
Close Up View
WILDWOOD DR
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Design Overlay
Design Overlay
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LEGACY
SUBJECT PROPERTY
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NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
�SNORTHWEST ARKASAS TIMES
PAPERSLLC ENTTONCOUNTY DAILYRECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P,O. BOX 1607, 72702 1479442-17001 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 5643
Was inserted in the Regular Editions on:
December 26, 2013
Publication Charges: $ 116.73
i
Holly Andrews
Subscribed and sworn to before me
This Sty day of 2013.
Notary Public
My Commission Expires:
�1�
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
DEC 3 12013
CITY OF FAYETTEVILLE
CITY CLERWS OFFICE