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HomeMy WebLinkAboutOrdinance 5690IN111111111111111II1111111IIIN11ll1llll11111IIllll1111l1111111111111IIlllIIII Doc i0: 015765890004 Type: REL Kind: ORDINANCE Recorded: 06/13/2014 at 03:22:12 P:1 Fee Amt: $30.00 Pape 1 ofi 4 Kylei SylvesternCrcult Clerk File2014-00014682 ORDINANCE NO. 5690 AN ORDINANCE APPROVING VAC 14-4623 SUBMITTED BY THE CITY OF FAYETTEVILLE FOR PROPERTY LOCATED AT 2229 N. SCHOOL AVENUE TO VACATE A 5 FOOT UTILITY EASEMENT AND A 10 FOOT RIGHT-OF- WAY 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 right-of-way easements 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 utility and right-of-way easements as shown in Exhibit "B" attached hereto and made a part thereof. 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 following conditions of approval and shall not be in effect until the conditions are met: 1. Existing utility lines along School Avenue shall be relocated underground subject to final route approval by Cox Communications and AEP/SWEPCO. 2. At least two 4" conduits shall be installed on the west side of School Avenue between the parking deck and the Walton Arts Center building. 3. The north 28.02 feet of the utility easement and right-of-way easement shall be retained, or the City of Fayetteville shall dedicate a new utility easement as required by AEP. The northern 28.02 feet shall be vacated as well if a new easement is dedicated. 4. Any damage or relocation of existing facilities shall be at the owner/developer's expense. an Page 2 Ordinance No. 5690 PASSED and APPROVED this 3"1 day uFdune, 2014. APPROVED: By ATTEST: By: iC1 m!4-� '157- 1, SONDRA E. SMITH, City Clerical etj}x1i��l !f,,� ! f A Yj I ii vii I i in)iis«i,����, VAC 14-4623 Close Up View r EXHIBIT "All PARKING DECK yn sLegend J ............. Multi -Use Trail (ExiAngl Future Trails Fayetteville City Limits e7vie VAC 14-4623 Footprints 2010 — Hillside -Hilltop O erlay District Design Overlay I istrict Design Overlayistrict 0 375 75 150 -- - Planning Area SUBJECT PROPERTY III 225 300 �FEEI W: SPRING ST EXHIBIT "B" VAC 14-4623 LEGAL: A FIVE (5) FEET WIDE EASEMENT LOCATED IN BLOCK SIX (6) FAYETTEVILLE ORIGINAL, CITY OF FAYETTEVILLE, ARKANSAS A five (5) feet wide easement paralleling the West right-of-way and easement line of School Avenue, more particularly described as: A part of Block Six (6) in the Original Town (now City) Plat of Fayetteville, Arkansas, more particularly described as beginning at a point Ten (10) feet West of the Southeast corner of said Block Six (6), and running thence West 5 feet; thence North 311.0 feet; thence East 5.0 feet; thence South 311.0 feet to the point of beginning. LESS AND EXCEPT that portion of the above-described properly presently covered by existing buildings. LEGAL: A TEN (10) FEET WIDE EASEMENT LOCATED IN BLOCK SIX (6) FAYETTEVILLE ORIGINAL, CITY OF FAYETTEVILLE, ARKANSAS Ten (10) feet of equal and uniform width off the East side of the following described property: A part of Block Six (6), Original Town (now City) Plat of Fayetteville, Arkansas, more particularly described as beginning at the Southeast corner of said Block Six (6) and running thence West 162.5 feet; thence North 311.0 feet; thence East 162.5 feet; thence South 311.0 feet to the point of beginning, containing 1.16 acres, more or less. LESS AND EXCEPT that portion of the above-described property presently covered by existing buildings. Washington County, AR I certify this instrument was filed on 06/13/2014 03:22:12 PM and recorded in Real Estate File Number 2014.00014662 Kyle Sylvester - Circuit Clerk Jesse Fulcher Submitted By City of Fayetteville Item Review Form 2014-0229 Legistar File Number 06/3/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department VAC 14-4623: Vacation (229 N. SCHOOL ST./PARKING DECK, 484): Submitted by THE CITY OF FAYETTEVILLE for property located at 229 NORTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 1.16 acres. The request is to vacate a utility easement and right-of-way easement. Does this item have a cost? = Cost of this request Category or Project Budget Program or Project Name Account Number Funds Used to Date Program or Project Category $0.00 Project Number Remaining Balance Fund Name Budgeted Item? = Budget Adjustment Attached? = Previous Ordinance or Resolution # Mq��kj Original Contract Number: Comments: 060D CITY OF Say e evi le ARKANSAS MEETING OF JUNE 3, 2014 CITY COUNCIL AGENDA MEMO TO: Fayetteville City Council �y THRU: Jeremy Pate, Development Services Director O' FROM: Jesse Fulcher. Senior Planner DATE: May 15, 2014 SUBJECT: VAC 14-4623: Vacation (229 N. SCHOOL ST./PARKING DECK, 484): Submitted by THE CITY OF FAYETTEVILLE for property located at 229 NORTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 1. 16 acres. The request is to vacate a utility easement and right-of-way easement. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to vacate a utility easement and right-of-way easement as requested by the applicant. Planning Division staff recommends approval of the request. BACKGROUND: The development site is located at the northwest corner of School Avenue and Spring Street and is part of the overall Walton Arts Center property. The Planning Commission approved a large scale development for a three-level parking deck in April 2013. In order to construct the parking deck structure, two existing easements must be vacated and several overhead utility lines must be relocated as part of the development. The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections. The areas being vacated are surrounded entirely by property owned by the applicant. DISCUSSION: On February 24, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4623 SUBMITTED BY THE CITY OF FAYETTEVILLE FOR PROPERTY LOCATED AT 2229 N. SCHOOL AVENUE TO VACATE A 5 FOOT UTILITY EASEMENT AND A 10 FOOT RIGHT-OF- WAY 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 right-of-way easements 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 utility and right-of-way easements as shown in Exhibit `B" attached hereto and made a part thereof. 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 following conditions of approval and shall not be in effect until the conditions are met: 1. Existing utility lines along School Avenue shall be relocated underground subject to final route approval by Cox Communications and AEP/SWEPCO. 2. At least two 4" conduits shall be installed on the west side of School Avenue between the parking deck and the Walton Arts Center building. 3. The north 28.02 feet of the utility easement and right-of-way easement shall be retained, or the City of Fayetteville shall dedicate a new utility easement as required by AEP. The northern 28.02 feet shall be vacated as well if a new easement is dedicated. 4. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this APPROVED: LIONELD JORDAN, Mayor day of 2014. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer VAC 14-4623 Close Up View 1 Legend ; ••• Multi -Use Trail (ExiAng), Future Trails - Fayetteville City Limits ervie VAC14-4623 Footprints 2010 Hillside -Hilltop Overlay District Design Overlay District Design Overlay qistrict EXHIBIT "A" PARKING DECK SUBJECT PROPERTY w a 8 a 1,1 SPRING ST 1.: •: 1 < jl•, 411 ', l _�'- I}l .- Irl it I�'I R' I .•' � 1 I,,� IL I 0 37,575 150 225 300 ------ Planning Area Fee, EXHIBIT "B" VAC 14-4623 LEGAL: A FIVE (5) FEET WIDE EASEMENT LOCATED IN BLOCK SIX (6) FAYETTEVILLE ORIGINAL, CITY OF FAYETTEVILLE, ARKANSAS A five (5) feet wide easement paralleling the West right-of-way and easement line of School Avenue, more particularly described as: A part of Block Six (6) in the Original Town (now City) Plat of Fayetteville, Arkansas, more particularly described as beginning at a point Ten (10) feet West of the Southeast corner of said Block Six (6), and running thence West 5 feet; thence North 311.0 feet; thence East 5.0 feet; thence South 311.0 feet to the point of beginning. LESS AND EXCEPT that portion of the above-described property presently covered by existing buildings. LEGAL: A TEN (10) FEET WIDE EASEMENT LOCATED IN BLOCK SIX (6) FAYETTEVILLE ORIGINAL, CITY OF FAYETTEVILLE, ARKANSAS Ten (10) feet of equal and uniform width off the East side of the following describer! property: A part of Block Six (6), Original Town (now City) Plat of Fayetteville, Arkansas, more particularly described as beginning at the Southeast corner of said Block Six (6) and running thence West 162.5 feet; thence North 311.0 feet; thence East 162.5 feet; thence South 311.0 feet to the point of beginning, containing 1.16 acres, more or less. LESS AND EXCEPT that portion of the above-described property presently covered by existing buildings. CITY OF ay evi le Y RR KANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director Jesse Fulcher, Senior Planner May 15, 2014 SUBJECT: VAC 14-4623: Vacation (229 N. SCHOOL ST./PARKING DECK, 484): Submitted by THE CITY OF FAYETTEVILLE for property located at 229 NORTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 1. 16 acres. The request is to vacate utility and right-of-way easements. RECOMMENDATION: Staff recommends forwarding VAC 14-4623 to the City Council with a recommendation for approval with conditions. BACKGROUND: The development site is located at the northwest corner of School Avenue and Spring Street and is part of the overall Walton Arts Center property. The Planning Commission approved a large scale development for a three-level parking deck in April 2013. In order to construct the parking deck structure, two existing easements must be vacated and several overhead utility lines must be relocated as part of the development. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Walton Arts Center Main Street Center, MSC South Parking lot/Office Main Street Center, MSC East Parking lot/Commercial Main Street Center, MSC West Grub's/Porter Building Main Street Center, MSC -4 DISCUSSION: Request: The request is to vacate an existing 5 foot utility easement and 10 foot right-of-way easement along School Avenue. American Electric Power (AEP/SWEPCO) has requested that the north 28.02 feet of both easements be retained to cover an existing power pole and power line that will remain in place. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Easement Vacation Approval: The applicant has submitted the required easement vacation forms to the City Utility Departments and applicable franchise utilities, with no objections. However, there are several existing utility lines along School Street will be relocated as part of the overall development. Conditions of approval are included. UTILITIES Cox Communications AEP/SWEPCO Ozarks Electric Power Company Source Gas AT&T CITY OF FAYETTEVILLE: Water/Sewer Recycling & Trash Collection Transportation Public Comment: No public comment has been received. RESPONSE Subject to relocating overhead lines and installing 4" conduit from the Spring Street pole to the southeast corner of the WAC building. Subject to relocating overhead lines and maintaining the north 28.02' of both the 5' easement and 10' right-of-way easement. No objections No objections Any damage or relocation is at the developer's expense. RESPONSE No objections No objections No objections Recommendation: Staff recommends forwarding VAC 14-4623 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Existing utility lines along School Avenue shall be relocated underground subject to final route approval by Cox Communications and AEP/SWEPCO. 2. At least two 4" conduits shall be installed on the west side of School Avenue between the parking deck and the Walton Arts Center building. 3. The north 28.02 feet of the utility easement and right-of-way easement shall be retained, or the City of Fayetteville shall dedicate a new utility easement as required by AEP. The northern 28.02 feet shall be vacated as well if a new easement is dedicated. 4. Relocation of existing utilities shall be at the owner/developer's expense. G:\ETC\Development Services Reviewt20140evelopment Review\14-4623 VAC Downtown Parking Deck\2 Planning Commission\2-24-2014\Comments and Redlines Required February 24, 2014 O Tabled n: Cook Second: Chesser COUNCIL ACTION: Required Date: June 3, 2014 O Approved BUDGET/STAFF IMPACT: None Attachments: Request Letter Petition to Vacate Vacation Plat Utility Approvals Legal Descriptions Close Up Map One Mile Map 4 Forwarded O Denied Vote: 7-0-0 (Consent Agenda) O Denied GAETC\Development Services Review2014\Development Review\14-4623 VAC Downtown Parking Deck\2 Planning Commission\2-24-2014\Comments and Redlines Tavele-lile February 7, 2014 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Re: Easement Vacation Request To Planning Staff, THE CITY OF FAYETTEVILLE, ARKANSAS UTILITIES DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P(479)575-6330 F(479)575-8257 The request is to vacate a 5 foot utility easement and 10 foot right-of-way easement along the west side of School Avenue between Spring Street and Dickson Street. Existing utility lines will be relocated as required by each utility provider during construction of the downtown parking deck. Please do not hesitate to contact me at (479) 575-8308 orjfulcher@fayetteville-ar.gov if you have any questions. Sincer ly, Jesse Futcher Telecommunications Device forthe Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 SAMPLE PETITION* PETITION TO VACATE, a utility easement and right -of --way shown by the attached easement vacation plat and legal description LOCATED IN the 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 attached easement vacation plat hereinafter sought to be abandoned and vacated as shown on attached easement vacation plat, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said right-of-way and utility easement which is shown on the attached easement vacation plat: (SEE ATTACHED) That the abutting real estate affected by said vacation would not adversely affect the public interest and welfare. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the attached described real estate, 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 attached described real estate, 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 easements of the public for the use of said alley. Dated this _ day of _ .20 Printed Name , rj Signawre l/ Printed Name Signature * Note: This is a sample - each applicant is responsible for submitting a petition which accurately reflects their specific request. December2013 Page 4 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Mav 5. 2014 UTILITY COMPANY: AEP / S W EPCO APPLICANT NAME: _City of Fayetteville --APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): X 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**) Easements along the west side of N. School Ave. begin a W. Spring St. extend north approx. 282.98' (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 propose below.) The North 28.02 feet of both the 5' and 10' width easements described in book 1097 page 848 and page 849 are to be retained as a utility easement for electric service to the Walton Arts Center. • No objections provided the following conditions are met: Pad R"74 Signature of Utility Company Representative Senior Technician Specialist Title UTIIdTY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2yi)t.t CA t 20S — V UTILITYCOMPANY: cdx (roYY1VYLLrs4.CAi4n�l APPLICANTNAME:c4WALk APPLICANT PHONE: aX18-3x76 REQUESTED VACATION (pplkant m u st check alf Aa I apply): UtilityEasement 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 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**) ** gAWt &SWC At5 (02V@l-R 4*'td l6q7-,q04j rSu �Ac►M^Q (ATTACif legal des cripdon and graphic rep res enia do a 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.) IX No objections provided the fallowing conditions are met: 4" conduits are provided from the pole on Spring St. to pole next to Walton Art Center on the west side of School. Signature of Utility Company Representative /C� "I".9V f� Title August 2012 Page 5 UTILITY APPROVAL EORIYI FOR RIGHT -OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE, Y. 4A UTILITY COZ✓IPANY:. /� � � Sil��� APPLICANTNAMF.: -'I'i�' _APPLICANT PRONE: 4i Zt�-7�-I4 REgUCSTED VACA'I O)N `hJif" antn rlreck ull rh�rr upplYlt "? Utility Easement Right-eRway 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! Addrevw (referring I. ct.cbed dacumen(- mast be,,cco�mpletcd--) •• gA4atkf CaSme M (M-7—$14(2 a,G 11 -7- Lcdri-1 CSC a4azckNILYl>) (ATTACH legal description and graphic representation of)har IS being vacated -SURVEY) IiTILITY COMPANY COMMENTS: No objc�Gans to the vacadon(s) descrlbed above. No obj <aions to the vacaiicn(s) described above, provided following described easements are retained. (Stale the location, dimensions, and purpose below.) �( No objections provided the following conditions are men. r)Pxj Ufifi11)G..t_ -T C) O K riC..°. b L 0 K Z;"ASiInJc- II -It -C-Ai' k --I t-�wr�c-_rz i-, e.�rGLvPtrz'.S Srymaurc of I!tilio7 (oinpanp Itepre5enlativc ('iJ)> IJ[�IrfE. :{Z L t:.SIC,r-I Trd: A vavn 201 Pu%e 5 RELEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That SOURCEGAS ARKANSAS INC., an Arkansas corporation, formerly known as Arkansas Western Gas Company ("SourceGas'), hereby acknowledges full and complete release of the Easement granted to [Arkansas Western Gas Company/SourceGas] as recorded in the office of the Circuit Clerk and Ex -Officio Recorder of _Washington County, Arkansas at Book 1097 Pages 848 & 849 on December 27. 1983 (the "Easement") with regard to a tract of real property located in _Washington County, Arkansas and described in the attached Exhibit A (the "Property"). By its signature below, SourceGas absolutely and unconditionally releases the Easement. IN TESTIMONY WHEREOF, SourceGas has hereunto executed this Release Agreement on the 1g tday of jl%b Ceh 2014. SOURCEGAS ARKANSAS INC. an Arkansas corporation formerly known as Arkansas Western Gas Company STATE OF COLORADO ) COUNTY OF JEFFERSON ) ss. ACKNOWLEDGEMENT On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named a Yet to me personally well known, who stated that he was Se �M Nj =c ` j of SOURCEGAS ARKANSAS INC., and Arkansas corporation, formerly known as Arkansas Western Gas Company, and he stated that he was duly authorized in said capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged the he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 19 't�' day of M n ccll-, AeC 12014. z91d ;:QET yFG Notary Public A9j.<<n My commission expires: Nov, L fly ,p r (SEAL) 04-24-13;08:29AN; UTUATY APPROVAL FORM FORRIGHT-OF• WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE:_fit 2o(-5 .�. ;4796844617 # 2/ 2 . UTQ, W0.0MPANY:n� lam -5 cW%C. up_ APPUCANPNAMB:S 44 Q 1— U:tkwt . APPLICANT PHONE. �i4 "jIg^ t(pT6 VESTED VACATION (4pacant m&tsk ebeckga0,at uNly): Utwty Easomtat ❑ Right -of --Way fm• alloy or sheets and allmdllty cvseateats located withox the vacated tight- of way. ❑ Allay ❑ Sueetright-of--way I have been notdied oftho petition to vacate the following (alley, aosm mv4 4hf4WV), dckdbcdps follows: General location /Address (refmring to attached completed**)�i adomment- must be completed" C�L LdSAN4b 4S WWI -M Dib A,soV 09-7—" &A k4ock . (AT]SICB'fayat darcr(p11on �¢graphk repreeantadon ojwhat k beGgsvacatedd'URPR19 UTILITY COWANY CONDAENTS: R"' No objections to the vecadon(s) deectibed above. 0 No objeedone to tho vacation(s) described aline, provldod following described eaeemente art retained. (State the locatimt, dimensions, and purpose bekm) . 0 No objections provided the f )Hov;bgoonditioms are met: Sigeait" PtilityCompanyRopreseatetivc � G R S'f A•iC�R/a T�2 C Tide AgW42012 Pugs 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1 ,(t 2013 UTILITY COMPANY: c bCd 'Q\W 't&A APPLICANT NAME: � cu•I W- APPLICANT PHONE:'1Mil$-7(070 RE/QUESTED VACATION 1plo iean(nr st eheck al! that appry): V Utility Easement O 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**) **Vacate tsVLMA, 5 (047-8'O ateia kCR7-S49 kef 4l ckLkAtyp' (ATTACH legal descriptlon 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.) U No objections provided the following conditions are met: 1 Signature of Utility Company R 'resetttative Tido August 2012 Page 5 I UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: IOI UTILITYCOMPANY: (_Y dX f `yzkq,)y il+,-ievl APPLICANT NAME: — Ga. APPLICANT PHONE: �1Q-ii9�0 REQUESTED VACATION pplicnnt lmest ekech aL thrt apply): i •p / 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: ` s General iuentlen l Address (referring to attached document- must be cumpleted•v) eV4Ca},G [R$CMtfA-{-j M-7-i5t0 qo8 i (ATTACH legal description aadgraphic 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 9i&Tnalurg Qfit I( ornpany Ropresortwive n't,: 7r]ril` �iCt/1'l�'fit /rpt%'k 'Title Aagus12012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: Cwtcc r�a`�{-cTir���lf� APPLICANT NAME: t!y Ya .(k�lN��� APPLICANT PHONE: �ya)71kQ W70 REQUESTED VACA1'lON (rtpp teat inn. check Fill rhalr apply): 'Ef Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Sheet 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**) ••yacw>< eaSttnt� IC�7 -8'i 6 a,na �� 1- �`W �S« adatln� (ATTACH 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 provided the following conditions are met: Signature of Utility Cotnpytfy Represawrtntive Title August 2012 Page 5 LEGAL: A FIVE (5) FEET WIDE EASEMENT LOCATED IN BLOCK SIX (6) FAYETTEVILLE ORIGINAL, CITY OF FAYETTEVILLE, ARKANSAS A five (5) feet wide easement paralleling the West right-of-way and easement line of School Avenue, more particularly described as: A part of Block Six (6) in the Original Town (now City) Plat of Fayetteville, Arkansas, more particularly described as beginning at a point Ten (10) feet West of the Southeast corner of said Block Six (6), and running thence West 5 feet; thence North 311.0 feet; thence East 5.0 feet; thence South 311.0 feet to the point of beginning. LESS AND EXCEPT that portion of the above-described property presently covered by existing buildings. LEGAL: A TEN (10) FEET WIDE EASEMENT LOCATED IN BLOCK SIX (6) FAYETTEVILLE ORIGINAL, CITY OF FAYETTEVILLE, ARKANSAS Ten (10) feet of equal and uniform width off the East side of the following described property: A part of Block Six (6), Original Town (now City) Plat of Fayetteville, Arkansas, more particularly described as beginning at the Southeast corner of said Block Six (6) and running thence West 162.5 feet; thence North 311.0 feet; thence East 162.5 feet; thence South 311.0 feet to the point of beginning, containing 1.16 acres, more or less. LESS AND EXCEPT that portion of the above-described property presently covered by existing buildings. vv'mw 334 $ w N011]NNIMo N01 1 'JNINNVd 101i11SI01N3MItl1N31N3 :1R n p loN-AlNOMIua OA JI v `Y �,� ' 0 MtlN S9NI0 A8tlNIIY113tlJ IVAC `a o a i� ad 3111A313AVj j0 Alli 'r A r e 2 1 l h of E E fit:H 8. N Y c7 VNa z Ci �7� z e2 1'MO N`JNIN, 1 M3S41 k1 1 �� ft z itl w li .S � LIQ w � .�r..�• -- i e I I m; o. I I i i I VAC 14-46231 PARKING DECK Close Up View I — ILJ 1 11}r, SUBJECT PROPERTY w y QJ J Q 0 y 0 J x _a m = N SPRING ST 1 I . -I I ill J II ii .-_ -.. �• ��? 7 Legend :I lir_ . ,. - , v . ��I , fJ � a SMI J ............. Multi -Use Trail (Exis`9n9p.'. ..••"^• Future Trails {I r p1 II Lr. — F ' Fa etteville City Limits - o ervie VAC14-4623 _ _ Footprints 2010 = Hillside -Hilltop O, ferlay District _! Design Overlay I listrict Design Overlay istrict ------ Planning Area 0 37,5 75 150 225 300 Fee, NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE N1�;�K�SPAPERS THE NORTH ESTNG ARK OF ROGERARKANSAS TIMES RECEIVED NORTHWEST ARKANSASTIMES I ,��, ��gg LLC BENTON COUNTY DAILY RECORD ,JUN 1 9 QAUIitF 212 NORTH EAST AVENUE, FAYETfEVILLE, ARKANSAS 72701 1 P.O. Box 1607, 72702 1479,442-1700 1 WWW.NwANEWS.COM CITY OF FAYETIMEN WX CITY-CLERKS(afflIKE AFFIDAVIT OF PUBLICATION I, Karen Cater, 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 5690 Was inserted in the Regular Editions on: June 12, 2014 Publication Charges: $ 116.73 Karen Caler Subscribed and sworn to before me This I% day of �, 2014. ,(& Notary Public My Commission Expires: CATHY WILES Arkansas • Beaton County Notary Public • ComIn 12391118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent.