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,:
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'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.
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' Fa etteville City Limits -
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_ _ Footprints 2010
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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.