Loading...
HomeMy WebLinkAboutOrdinance 5809- 11111111111111111N111llllllllllliillllllllllllllllllllllll111llllllllllllllllll 90C ID. 016505520004 Type. REL Kind: OROINAt10E 2434:54 Ph A:venmta$30/00/Pape It of u;;hinpton county, Rn File2015 00029583 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5809 File Number: 2015-0437 VAC 15-5157 (688 N. WHITHAM AVEJIST WESTERN BAND: AN ORDINANCE TO APPROVE VAC 15-5157 SUBMITTED BY GENE BUESCHER FOR PROPERTY LOCATED AT 688 WHITHAM AVENUE TO VACATE AN ALLEY RIGHT OF WAY 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 alley right of way 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 the alley right of way as described in Exhibit `B" attached hereto. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached hereto as Exhibit "A" shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any portion of the existing alley that contains utilities shall be dedicated as a utility easement, pursuant to the requirements of AEPISWEPCO, Source Gas and the City of Fayetteville. The vacation is not in force until an easement is dedicated, or the utilities are relocated. 2. New utility easements for any existing utility lines outside of the subject alley are not required to be dedicated at this time. Page 1 Printed on 10!7115 Ordinance 5809 3. Any costs associated with relocation of or damage to utilities and new easement dedication shall beat the expense of the owner or developer. PASSED and APPROVED on 10/6/2015 Attest: Sondra E. Smith, City Clerk Treasurer rbilJ / . - — .YP • vi' c, �. Page 2 Printed on 1017115 VAC 15-5157 Close Up View R-0 - _ C'+ m, Pi II F. _ 4 i CLEVELAND ST :� EXHIBIT 'A' 15-5157 1ST WESTERN BANK — � W SUBJECT PROPERTY :' Q W iI PROSPtICT ST i -II I TAYLOR ST ...... qj� a Legend DOUGLAS ST J.IS�ISLltni'A_ �� _,�'1''vilA'li[ales✓�516�16:�NAli`�i� - Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di 3trict 0 75 150 ------ Planning Area M!"Siiiio 300 450 600 Feel CLEBURN ST RSFA EXHIBIT 'B' 15-5157 LOTS 9, 10, 11, 12, & 16, BLOCK 5, ARCHAIS-BUSHNELL ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN IN PLAT BOOK 4, PAGE 10 PER PLAT RECORDS AT THE WASHINGTON COUNTY CIRCUIT CLREK'S OFFICE, ALSO THE CLOSED ALLEY BETWEEN LOTS 16 AND LOTS 9, 10, 11, & 12 AND HALF OF CLOSED LORETTA STREET ABUTTING LOTS 9 & 16 ON THE SOUTH, ALL BEING MORE PARTICULARLY DESCRIBES AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT 12, THENCE S 87025'58"E 175.00 FEEL ALONG THE SOUTH RIGHT-OF-WAY OF CLEVELAND STREET, THENCE 5 7°51'49"E 287.37 FEETTO A FOUJND IRON PIN, THENCE N 87°08'26"W 228.28 FEET COMMON WITH TRESTEE'S WARRANTY DEED 2013, PAGE 17771 TO A SET IRON PIN, THENCE N 2°49'21"E 281.41 FEET ALONG THE EAST RIGHT-OF-WAY OF WHITHAM AVENUE TO THE POINT OF BEGINNING, CONTAINING 1.31 ACRES, AND SUBJECT TO EASEMENTS OF RECORD OR FACT. Washington County, AR I certify this instru 'AA54 t Was flled on 10118/2015 0 ' and record in Re I Estate File Nuns er 201 Irouiit Clerk Kyle Sylv 0029583 st by -` Cityof Fayetteville, Arkansas 113 West Mountain Street / Fayetteville, AR 72701 :,1e\ (479) 575-8323 Text File File Number: 2015-0437 Agenda Date: 10/6/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 13 VAC 15-5157 (688 N. WHITHAM AVE./1ST WESTERN BANK): AN ORDINANCE TO APPROVE VAC 15-5157 SUBMITTED BY GENE BUESCHER FOR PROPERTY LOCATED AT 688 WHITHAM AVENUE TO VACATE AN ALLEY RIGHT OF WAY 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 alley right of way 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 the alley right of way as described in Exhibit `B" attached hereto. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached hereto as Exhibit "A" shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any portion of the existing alley that contains utilities shall be dedicated as a utility easement, pursuant to the requirements of AEP/SWEPCO, Source Gas and the City of Fayetteville. The vacation is not in force until an easement is dedicated, or the utilities are relocated. 2. New utility easements for any existing utility lines outside of the subject alley are not required to be dedicated at this time. 3. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the expense of the owner or developer. City o1 Fayetteville, Arkansas Page 1 Printed on 10/7/2015 City of Fayetteville Staff Review Form 2015-0437 Legistar File ID 10/6/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Patel 9/18/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 15-5157: Vacation (688 N. WHITHAM AVE./1ST WESTERN BANK, 444): Submitted by GENE BUESCHER for properties located at 688 WHITHAM AVE. The properties are zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contain approximately 0.08 acres. The request is to vacate an alley right-of-way. Budget Impact: Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ � i5Approval Date: 1U � I CITY OF a e'Fttvi1e ARKANSAS MEETING OF OCTOBER 6, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner DATE: September 16, 2015 SUBJECT: VAC 15-5157: Vacation (688 N. WHITHAM AVE .1181 WESTERN BANK, 444): Submitted by GENE BUESCHER for properties located at 688 WHITHAM AVE. The properties are zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contain approximately 0.08 acres. The request is to vacate an alley right-of-way. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate an existing alley right-of-way, subject to the following conditions of approval: 1. Any portion of the existing alley that contains utilities shall be dedicated as a utility easement, pursuant to the requirements of AEP/SWEPCO, Source Gas and the City of Fayetteville. The vacation is not in force until an easement is dedicated, or the utilities are relocated. 2. New utility easements for any existing utility lines outside of the subject alley are not required to be dedicated at this time. BACKGROUND: The subject alley is located behind several residential lots on Whitham Avenue, between Cleveland Street and Taylor Street. The alley, as well as several public streets, were platted in 1893 in the Archias-Bushnell Addition, but were never constructed. Most of these rights -of -way have already been vacated. The applicant proposes to vacate the existing alley between Lots 6-12 on the west and Lots 15 and 16 on the east. The alley was never constructed and is not being used to access any adjacent property. The applicant has mailed letters to all property owners directly adjacent to the subject alley. All adjacent owners have agreed to the alley vacation. DISCUSSION: On September 14, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 7-0-1 on the consent agenda (Commissioner Hoskins recused). BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: • CC Ordinance • Exhibit A • Exhibit B • [' wing Commission Staff Report CITY OF Ta'yV� PLANNING COMMISSION MEMO e AS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner MEETING DATE: SepLenibeir 14, 2015 September 16, 2015 SUBJECT: VAC 15-5157: Vacation (688 N. WHITHAM AVEJ1sT WESTERN BANK, 444): Submitted by GENE BUESCHER for properties located at 688 WHITHAM AVE. The properties are zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.08 acres. The request is to vacate an alley right-of-way. RECOMMENDATION: Staff recommends forwarding VAC 15-5157 with conditions of approval. BACKGROUND: The subject alley is located behind several residential lots on Whitham Avenue, between Cleveland Street and Taylor Street. The alley, as well as several public streets, were platted in 1893 in the Archias-Bushnell Addition, but were never constructed. Most of these rights -of -way have already been vacated. Surrounding land use is listed in Table 1. Table 1 Surroundin t Land Use and Zoning_ Direct€en from Site Land Use North _ Multi -family Residential _ _ South Single-family Residential _ East Multi -family Residential _ West Multi -family Residential Zoninfl RMF-40 RMF-40 RMF-40 --- RMF-40 Proposal: The applicant proposes to vacate the existing alley between Lots 6-12 on the west and Lots 15 and 16 on the east. The alley was never constructed and is not being used to access any adjacent property. DISCUSSION: Adjacent Property Owners: The applicant has mailed letters to all property owners directly adjacent to the subject alley. All adjacent owners have agreed to the alley vacation. Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Mailing Address: Planning Commission 113 W. Mountain Street wwwfayetfeagt<1n+ha:,yt�tr 2015 Fayetteville, AR 72701 Agenda Item 6 15-5157 First Western Page 1 o122 UTILITIES RESPONSE Cox Communications No objections with conditions AEP/SWEPCO Dedicate a new easement over the existing power line. Source Gas Dedicate a new easement over the existing gas line. AT&T No objections Ozarks Electric No objections CITY OF FAYETTEVILLE RESPONSE Water/Sewer Dedicate a new easement over the existing sewer line. Transportation No objections Solid Waste No objections RECOMMENDATION: Staff recommends forwarding VAC 15-5157 with the following conditions: Conditions of Approval: 1. Any portion of the existing alley that contains utilities shall be dedicated as a utility easement, pursuant to the requirements of AEP/SWEPCO, Source Gas and the City of Fayetteville. The vacation is not in force until an easement is dedicated, or the utilities are relocated. 2. New utility easements for any existing utility lines outside of the subject alley are not required to be dedicated at this time. Planning Commission Action: Cl Approved Meeting Date: September 14, 2016 Motion: Chesser Second: Cook Vote: 7_0-1 ((Hoskins recused) BUDGET/STAFF IMPACT: None. EJ Forwarded O Denied 3:\ETC\Development Services RevIew\2015\nevelopmenl Review\15-5157 VAC Planning Commission tWhitham/Archias-Bushnell Alley)\03 Planning Commission\09-14-2015\Comments and September 14. 2015 Redlines Agenda Item 6 15-5157 First Western Page 2 of 22 Attachments: • Cover Letter • Petition to Vacate Adjacent Property Owner Approvals • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map G1ETC\Deveiopment Services Revlewl2016V)evelopment Revlew\16-8157 VAC Pianning Commission (W bfharWArahlas•Bushnall Allsy)W3 Planning Commission109-14-20151Camments and Seplember tn. 20t5 ngenda Gem 6 R@dlinea t5.51r Flrsi Weslern Page 30122 PETITION TO VACATE AN ALLEY LOCATED IN BLOCKS 4 AND 5 OFARCHIAS-BUSHNELL ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. TO; City of Fayetteville Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate abutting the alley hereinafter sought to be abandoned and vacated, lying In Archlas-Bushnell Addition to the city of Fayetteville, Arkansas, petition to vacate said alley, which is described as follows: That alley which Iles between Lots 6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all in Blocks 4 & 5 of Archlas-Bushnell Addition to the City of Fayetteville, Arkansas as shown in Plat Book 4, Page 101n the Washington County Circuit Clerk's office. That the abutting real estate affected by said abandonment of the alley are Lots 6,7,8,9,10,11,12,15 & 161n Blocks 4 & 5 of Archlas-Bushnell Addition to the City of Fayetteville, Arkansas. Said alley has not been used for traffic for many years and perhaps never used. The public interest and welfare would not be adversely affected by the abandonment of the alley that is described above. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described alley, 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 the above described real estate encompassed by the alley be vested in the abutting property owners as provided by law. Wherefore, the undersigned petitioners respectfully pray the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate (being the alley described), subject to said utility and sewer easements, 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_Q__1 2015. /3t kJQ3*rn 'rl ler Signature G>;r.E F.3ot=sc%4jg SURVEYOR Fog j6rWEsTEt)<J 8&ttA PrintedName _ i Signature Printed Name Signature ADJACENT PROPERTY OWNERS NOTIFICATION FORM FOR ALLEY VACATION REQUESTS Date: 7 9 15 Address/Location of vacation: The alley that is platted between Taylor and Cleveland streets and 150 feet east of Whitham Avenue in Fayetteville, Arkansas. Adjacent property address: 638 & 688 N. Whitham Avenue, Fayetteville, AR South of Lot 15 - Block 4 Archias-Bushnell Addition to Fayetteville REQUESTED VACATION: I have been notified of the petitions to vacate the following alley, described as follows: That portion of land that lies between Lots 6,7,8,9,10,11 on the west and Lots 15 and 16 on the east, all in Blocks 4 & 5 of the Archias-Bushnell Addition to the City of Fayetteville, Washington County, Arkansas as shown in Plat record book 4, page 10 on file in the Washington County Circuit Clerk's office, being more particularly described as follows: Beginning at the NE corner of said Lot 12, thence S 87°26'58" E 15.00 feet along the south right-of-way of Cleveland Street, thence S 2°46'48" W 496.28 feet along the west Hues of said Lots 15 & 16, thence along the north right-of-way of Taylor Street N 89°26' 15" W 15.01 feet, thence N 2°46'48" E 496.81 feet along the east line of said Lots 6 thru 12 to the Point of Beginning. ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment. ✓ I do not object to the vacation described above. I do object to the requested vacation described above because: Project Name: Alley vacation between Taylor and Cleveland Streets Name of Adjacent Property Owner (printed) f s F L✓=5 ¼«/�r, rr n IC- Signature of Adjacent Property cj% %t' Applicant Name: Gene Buescher, Surveyor for 1" Western Bank, gene surveyt att.net phone 479-750-1608 Return form to: Survey 1, Inc, 2620 Melody Lane, Springdale, AR 72762 ADJACENT PROPERTY OWNERS NOTIFICATION FORM FOR ALLEY VACATION REQUESTS Date: , j: C" Address/Location of vacation: The alley that is platted between Taylor and Cleveland streets and 150 feet east of Whitham Avenue in Fayetteville, Arkansas. Adjacent property address: 610 & 628 N. Whitham Avenue, Fayetteville, AR South of Lot 15 - Block 4 Archias-Bushnell Addition to Fayetteville REQUESTED VACATION: I have been notified of the petitions to vacate the following alley, described as follows: That portion of land that lies between Lots 6,7,8,9,10,11 on the west and Lots 15 and 16 on the east, all in Blocks 4 & 5 of the Archias-Bushnell Addition to the City of Fayetteville, Washington County, Arkansas as shown in Plat record book 4, page 10 on file in the Washington County Circuit Clerk's office, being more particularly described as follows: Beginning at the NE corner of said Lot 12, thence S 87°26'58" E 15.00 feet along the south right-of-way of Cleveland Street, thence S 2°46'48" W 496.28 feet along the west lines of said Lots 15 & 16, thence along the north right-of-way of Taylor Street N 89°26'15" W 15.01 feet, thence N 2°46'48" E 496.81 feet along the east line of said Lots 6 thru 12 to the Point of Beginning. ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment. I do nol object to the vacation described above. i2.•t.' ?n W._irves {„lcj to 1^ 6lec� Gi.h tckaA I'I?.V<<:I oAA a1L,tI W,II tx.4Lldcd-lotalli I do object to the requested vacation described above because: Project Name: Alley vacation between Taylor and Cleveland Streets Name of Adjacent Property Owner (printed) Si r /C/!A n Signature of Adjacent Property Owner__ j. .•. , . • - Applicant Name: Gene Buescher, Surveyor for i" Western Bank, gene.survey l (d att.net phone 479-750-1608 Return form to: Survey 1, Inc, 2620 Melody Lane, Springdale, AR 72762 ADJACENT PROPERTY OWNERS NOTIFICATION FORM fOR ALLEY VACATION REQUESTS Date: Address/Location of vacation: The alley that is platted between Taylor and Cleveland streets and 150 feet east of Whitham Avenue in Fayetteville, Arkansas. Adjacent property address: 662 Taylor Street, Fayetteville, AR Lot 15 - Block 4 Archias-Bushnell Addition to Fayetteville REQUESTED VACATION: I have been notified of the petitions to vacate the following alley, described as follows: That portion of land that lies between Lots 6,7,8,9,10,11 on the west and Lots 15 and 16 on the east, all in Blocks 4 & 5 of the Archias-Bushnell Addition to the City of Fayetteville, Washington County, Arkansas as shown in Plat record book 4, page 10 on file in the Washington County Circuit Clerk's office, being more particularly described as follows: Beginning at the NE comer of said Lot 12, thence S 87°26'58" E 15.00 feet along the south right-of-way of Cleveland Street, thence S 2°46'48" W 496.28 feet along the west lines of said Lots 15 & 16, thence along the north right-of-way of Taylor Street N 89°26' 15" W 15.01 feet, thence N 2°46'48" E 496.81 feet along the east line of said Lots 6 thru 12 to the Point of Beginning. ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. I do object to the requested vacation described above because: Project Name: Alley vacation between Taylor and Cleveland Streets Name of Adjacent Property Owner (printed)' '%/l'4I. P �'tp �_Gd? W l (c 2A r� v Signature of Adjacent Property Applicant Name: Gene Buescher, Surveyor for I$' vkstern Bank, aene.survevl(a.att.net phone 479-750-1608 ADJACENT PROPERTY OWNERS NOTIFICATION FORM FOR ALLEY VACATION REQUESTS Address/Location of vacation: The alley that is platted between Taylor and Cleveland streets and 150 feet east of Whitham Avenue in Fayetteville, Arkansas. , Adjacent property address: 614 W. Cleveland St., Fayetteville, AR South of Lot 15 - Block 4 Archias-Bushnell Addition to Fayetteville REQUESTED VACATION: I have been notified of the petitions to vacate the following alley, described as follows: That.portion of land that lies between Lots 6,7,8,9,10,11 "Cn the west and Lots 15 and 16 on the east, all in Blocks 4 & 5 of the Archias-Bushnell Addition to the City of Fayetteville, Washington County, Arkansas as shown in Plat record book 4, page 10 on file in the Washington County Circuit Clerk's office, being more particularly described as follows: Beginning at the NE corner of said Lot 12, thence S 87°26'58" E 15.00 feet along the south right-of-way of Cleveland Street, thence S 2°46'48" W 496.28 feet along the west lines of said Lots 15 & 16, thence along the north right-of-way of Taylor Street N 89°26' 15" W 15.01 feet, thence N 2°46'48" E 496.81 feet along the east line of said Lots 6 thnt 12 to the Point of Beginning. ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment. 4' I do not object to the vacation described above. I do object to the requested vacation described above because: ProjectName: Alley vacation between Taylor and Cleveland Streets Name of Adjacent Property Owner (printed) i ` t Y ` ekJCa t v1` Signature of Adjacent Property Owner. ' tt..L4 .' Applicant Name: Gene Buescher, Surveyor for I" Western Bank, gene.surveyl @att.net phone 479-750-1608 Return form to: Survey 1, Inc, 2620 Melody Lane, Springdale, AR 72762 ADJACENT PROPERTY OWNERS NOTIFICATION FORM FOR ALLEY VACATION REQUESTS Date: / Address/Location of vacation: The alley that is platted between Taylor and Cleveland streets and 150 feet east o£ Whitham Avenue in Fayetteville, Arkansas, , Adjacent property address: 614 W. Cleveland St., Fayetteville, AR South of Lot 15 - Block 4 Archias-Bushnell Addition to Fayetteville REQUESTED VACATION: I have been notified of the petitions to vacate the following alley, described as follows: That.portion of land that lies between Lots 6,7,8,9,10,11 "3n the west and Lots 15 and 16 on the cast, all in Blocks 4 & 5 of the Archias-Bushnell Addition to the City of Fayetteville, Washington County, Arkansas as shown in Plat record book 4, page 10 on file in the Washington County Circuit Clerk's office, being more particularly described as follows; Beginning at the NE corner of said Lot 12, thence S 87°26'58" E 15.00 feet along the south right-of-way of Cleveland Street, thence S 2°46'48" W 496.28 feet along the west lines of said Lots 15 & 16, thence along the north right-of-way of Taylor Street N 89°26' 15" W 15.01 feet, thence N 2°46'48" E 496.81 feet along the east line of said Lots 6 thru 12 to the Point of Beginning. ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above, I do object to the requested vacation described above because: Project Name: Alley vacation between Taylor and Cleveland Streets Name of Adjacent Property Owner (printed) ,'%&_ It PRyo'C Signature of Adjacent Property Owner � /� Applicant Name: Gene Buescher, Surveyor for 1" Western Bank, gene.surveyl®a.att.net phone 479-750.1608 Return form to: Survey 1, Inc, 2620 Melody Lane, Springdale, AR 72762 ADSACRNT PROPERTY OWNERS NOTIFICATION FORM FOR ALLEY VACATION REQUESTS Date: &Jt ,.... ,, Iv.w c- Address/Location of vacation: The alley that is platted between Taylor and Cleveland streets and 150 feet east of Whitham Avenue in Fayetteville, Arkansas. , Adjacent property address: 614 W. Cleveland St., Fayetteville, AR South of Lot 15 - Block 4 Archias-Bushnell Addition to Fayetteville REQUESTED VACATION: I have been notified of the petitions to vacate the following alley, described as follows: That.portion of land that lies between Lots 6,7,8,9,10,11'dlt the west and Lots 15 and 16 on the east, all in Blocks 4 & 5 of the Archias-Bushnell Addition to the City of Fayetteville, Washington County, Arkansas as shown in Plat record book 4, page 10 on file in the Washington County Circuit Clerk's office, being more particularly described as follows: Beginning at the NE corner of said Lot 12, thenct S 87°26'58" E 15.00 feet along the south right-of-way of Cleveland Street, thence S 2°4648" W 496.28 feet along the west lines of said Lots 15 & 16, thence along the north right-of-way of Taylor Street N 89°26'15" W 15.01 feet, thence N 2°46'48" E 496.81 feet along the east line of said Lots 6 thru 12 to the Point of Begirnung. ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment, ✓ I do not object to the vacation described above, I do object to the requested vacation described above because: Project Name: Alley vacation between Taylor and Cleveland Streets , J Name of Adjacent Property Owner (printed) L LO r L j�S t n S/ia/.4 ;t f '6 ('f t( Signature of Adjacent Property Owner /✓ ` w� t t "u Applicant Name: Gene Buescher, Surveyor or l" Western Bank, ge. e-surveyl (o)att.nct phone 479-750.1608 Return form to: Survey 1, Inc, 2620 Melody Lane, Springdale, AR 72762 i t, UTILITY APPROVAL FOR ALLEY VACATION Oate: _ ?- 20r/( Utility Company Scve0L0 Applicant Name - Gene Buescher Applicant Phone — 479-750-1608 Surveyor for First Western Bank I have been notified of the petition to vacate the following alley described as follows: The alley that lies between Lots 6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all in Blocks 4 & S of Archlas-Bushnell Addition to the City of Fayetteville, Arkansas. (Plat Is attached) UTILITY COMPANY COMMENTS: No objection to the vacation described above, and no comments X No objections to the vacation described above, provided the following described easements are retained: (State the location, dimensions, and purpose below) / / y k,,( /;/,/eASc'prn ' l / c+: 1 SL/% Ocv/j ( A,,5Gi �r' ec/ S e d-tc Ij) _. _. No objections provided the rollowing canditlond are met: • /� 1 `�. tel..,r7 v: C S'?i natore1dCnmpany Representative Title 7 UTILITY APPROVAL FOR ALLEY VACATION Date: 21 JMAVY ).0) 54 UtilityCompany f r+7YT-rGV1L � f W���R 4 Applicant Name - Gene Buescher Applicant Phone -479-750-1608 Surveyor for First Western Bank I have been notified of the petition to vacate the following alley described as follows: The alley that lies between Lots 6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all In Blocks 4 & 5 of Archfas-Bushnell Addition to the City of Fayetteville, Arkansas. (Plat is attached) UTILITY COMPANY COMMENTS: No objection to the vacation described above, and no comments _Y No objections to the vacation described above, provided the following described easements are retained: (State the location, dimensions, and purpose below) Sewer line easement must be platted and approved to accommodate the existing sewer line. The sewer line crosses the alley and Block 5 of chlas-Bushnell Addition. Easement width should be R feet in width and centered on the sewer line. —No objections provided the following conditions are met: Signature of Company Representative D,R. of ufLme5 Title UTILITY APPROVAL FOR ALLEY VACATION Date: 5/28/2025 Utility Company Sour Applicant Name - Gene Buescher Applicant Phone -479-750-1608 Surveyor for First Western Bank I have been notified of the petition to vacate the following alley described as follows: The alley that lies between Lots 6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all In Blocks 4 & 5 of Archias-Bushnell Addition to the City of Fayetteville, Arkansas. (Plat is attached) UTILITY COMPANY COMMENTS: T No objection to the vacation described above, and no comments _No objections tothe vacation described above, provided the following described easements are retained: (state the location, dimensions, and purpose below) X No objections provided the following conditions are met: A 10'wide UE, 5' on each side of existing gas main, to remain between lots 6,7,8 and 15 S gnnture of Company Representative �J�4 wry o M Title UTILITY APPROVAL FOR ALLEY VACATION Date: 5/12/2015 Utility Company Cox Communications Applicant Name - Gene Buescher Applicant Phone — 479-750-1608 Surveyor for First Western Bank I have been notified of the petition to vacate the following alley described as follows: The alley that lies between Lots 6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all In Blocks 4 & 5 of Archlas-Bushnell Addition to the City of Fayetteville, Arkansas. (Plat is attached) UTILITY COMPANY COMMENTS: No objection to the vacation described above, and no comments _No objections to the vacation described above, provided the following described easements are retained; (State the location, dimensions, and purpose below) X No objections provided the following conditions are met: Any damage to or relocation of our existing facilities will be at the owners/developers expense. Signature of Conan Reuresentative Construction Planner III Title UTILITY APPROVAL FOR ALLEY VACATION Date:�� j5 QQ� Utility Company P//7 7 & i Applicant Name - Gene Buescher Applicant Phone —479-750-1608 Surveyor for First Western Bank I have been notified of the petition to vacate the following alley described as follows: The alley that Iles between Lots 6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all in Blocks 4 & 5 of Archias-Bushnell Addition to the City of Fayetteville, Arkansas. (Plat Is attached) UTILITY COMPANY COMMENTS: x No objection to the vacation described above, and no comments No objections to the vacation described above, provided the following described easements are retained: (State the location, dimensions, and purpose below) No objections provided the following conditions are met: .±/ /LT2 natdtdof Company Representative 11nn P r� Oe5 N jlGa2 oP Title UTILITY APPROVAL FOR ALLEY VACATION Date: S -t 7^1S utility Company %zt!'ILS iElcein`L Applicant Name - Gene Buescher Applicant Phone -479-750-1608 Surveyor for First Western Bank I have been notified of the petition to vacate the following alley described as follows: The alley that lies between Lots 6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all in Blocks 4 & 5 of Archias-Bushnell Addition to the City of Fayetteville, Arkansas. (Plat is attached) UTILITY COMPANY COMMENTS: No objection to the vacation described above, and no comments No objections to the vacation described above, provided the following described easements are retained: (State the location, dimensions, and purpose below) No objections provided the following conditions are met: J Signature of Company Representative �•- c,pe!JrS1Yt Tide UTILITY APPROVAL FOR ALLEY VACATION Date: UtilltyCompany (;1y of �ay(lKwlkG kecycli") a Ira5� Applicant Name - Gene Buescher Applicant Phone —479-750-1608 Surveyor for First Western Bank I have been notified of the petition to vacate the following alley described as follows: The alley that lies between Lots 6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all in Blocks 4 & 5 of Archias-Bushnell Addition to the City of Fayetteville, Arkansas, (Plat is attached) UTILITY COMPANY COMMENTS: No objection to the vacation described above, and no comments No objections to the vacation described above, provided the following described easements are retained: (State the location, dimensions, and purpose below) ______No objections rng conditions are met: tu Sfgs`e of Company Representative _+fL I«�: r/,., (c Title UTILITY APPROVAL FOR ALLEY VACATION l Date: —5 5 /-S UtilltyCompanyt ,1,, o `_ E , i6e t'k,;. i li I ('c 4J,( Applicant Name - Gene Buescher Applicant Phone -479-750-1608 Surveyor for First Western Bank I have been notified of the petition to vacate the following alley described as follows: The alley that lies between Lots.6,7,8,9,10,11 & 12 on the west and Lots 15 & 16 on the east, all In Blocks 4 & 5 of Archlas-Bushnell Addition to the City of Fayetteville, Arkansas. (Plat Is attached) UTILITY COMPANY COMMENTS: No objection to the vacation described above, and no comments No objections to the vacation described above, provided the following described easements are retained: (state the location, dimensions, and purpose below) ______No objections provided the following conditions are met: sCompany y Representative BASS OF BEARINGS-, ARNANSAS-NORTH STATE PLANE GRID NORTH lmobaG ci. [9fI SSEO AaLT. " IC IILntwui!Bgl ntl vlx llli : ANT n1AI UI S4 H 015 1.,/1.0,511.11 x D 0:. 'NI w1.1 Abu 10c: II N,v T & 16 (w 11Y LA Lt Ail 1 pCC✓,5 5. AM!WAS-WISA4l, 9JIaAI 10 0I OII (S ILIT IRId .IN NALINI:ICH Ctt1111V AS UID141 N1 FIAT 11X1 • LI 101'(n Try Al MYtA40!. Al i1R IIICMX]45 MA91P5IPT .114.1:11 :Cott, (151115 y('CC. IV AM"• AIM'1 I'A11111LI u11 Y ! , i!IR11 IF 1(111,6 NR Sc, II' PEAIINYIG *1 1111 4L CORM111 01' 5441 p 1 U, 1IPflla 5 VP)Lsr I it FEE •t 5 . Woe (t (FT1cLuST TIMQ t, 111.1151 S i'1 40 w 1%211111 AtCI, DI( 17.51 Ul11E 01 TIE YAyt LOTS tS y TI, I4fx[L MOSS na UmT' Tp11 III WAY V IA,. 9x111 x A'ltin' SAX, io <SD1 1111. INtu It 11 T14 U1' 1 X1111 ICY1 41.1X141 Till L4!:I li Fi!: W Ilk 111015 1111111 1. ]p TIE POINT DE BEWNNINO sow INIS SURVEY USED WT CWY DEED 2014-]SJY1 (EXACTS 2 & 5) IRUSIECS WARRANTY DEED 20th -PI T AND SURVEY RAi }bl IN ASSISTING IN T115 4JRKY S srxce 'I erx e'1Sm P.O.B. ALLEY DESCRIPTION • ii0�" LO C12.MDE NW COINER I LOT 12 DECO' 5 Ill BLOCN i IIA ANCIIIAS-IN9YILLL I 100111AB-BUS4NELL ACOITW nuwnlw I . IMII rti a1 f 10711 �r �I `.i '- —_—_i � W •mill v whi AILCY I :r I N, u 1 I', 1nr le i mi It ;11n.21;.:T.24 -4--- 11n s i HM 15 S ar2r.r- to,-, �I 5 I 2131 THIS SURVEY WAS COM%k1F➢ "�. [ll 01 MAY 5, 2015 MID IS [01 \ . THE SOIL USE OF THE VACATp1 - ' STAlE a a T1[ ALE? AR%ANS/S ND 113, • SURVEY FOR VACATION OF ALLEY • D1 BIDCKS 4 AND 5 OF ARCHIAS—BUSHNELL ADDITION FAYETTEVILLE. ARKANSAS SURVEY 7, /NQ 2620 Melody Lane. Springdale, Arkansas 72782 TEL 479-750-1606 FAX 479-750-1608 Cene E. Buescher R.LS. #1101 110.15078 DRAWN BY GEB DATE SAY 5, 2015 SEX of SWX9-16-N Range -30w A ace a� Rus1 " : ,l ih I T 1.n. ADOITIOd Lar.tl. Jn ,V74C1C'icti7 T v,u. St.. ct v fs Lcv _ jJiEbJL_zj[j\\\ r, ¢ ., r r pT t .. .f a f \\\ O b! [ON V -7 S CdIC Zoo �..r - 4-10 rlrGn c.s �J�5i�nlell VAC15-5157 1ST WESTERN BANK One Mile View rr-a �pp l� l Vyt f. iw m rr:a I- e'r.iz . ii VI fs ~ 1 1 - IfJ In; !, li.n SUBJECT PROPERTY_ _flI = _ 1.1k " if ..... A. +�' a Wulrhlm.. 1 ' --fir:. CP� n�fl 4i �, nJ 3 k e s 1Wq'j, •'I IK7u'IF ,,yap ii ",i :sic • � •q "ik$ege 12�1F •J<.= liii ,, -Use Paved Trail I � d/Rark:Tlllala. I'I + rail Overview Legend Hills e -Hilltop Overlay District - Sub ed Pro a Desi n Overlay District P dN i _.._. Boundary -; Plan ing Area I Fay tteville 0 0.25 0.5 1 Mies VAC15-5157 1ST WESTERN BANK Close Up View R -O la CLEBURN 5T • Q I SUBJECT PROPERTY c CLEVELAND ST / PROSPECT ST 41 a 1 Il•v ILA ✓�`i�, ; } Q TAYLOR ST RMF24 RSF/ O . ! y : Q .t . DUISE S Legend DOUGLAS ST - -- Shared,U.se P retl;Trail Neighborhoodfark Trail S Natural Surface Trail - 0 VAC15; 2 7 erv/4ayetteville City Li nits Footprints 2010 Hillside -Hilltop Overlay District _ ! Design Overlay Di trict Design Overlay Di trict ---- Planning Area 0 75 150 300 450 GOD iFeet BOX 161`17, FAYETTEV!LLE. AR. 72702 " 479-442-1700 • FAX: 479-695-1118 " WWW.NWADG.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5809 Was inserted in the Northwest Arkansas Democrat Gazette on: October 15, 2015 Publication Charges: $ 103.76 Cam, �,J11 Cathy Wiles Subscribed and sworn to before me This Z-1 day of QLit , 2015. Notary Public My Commission Expires: 7ZS /IIZ **NOTE** Please do not pay from Affidavit. Invoice will be sent. ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 My Commission Expires Jul 2, 2025 RECEIVED OCT 28 O15 ORDINANCE NCO 5609 AN OR'bINANCETO APPROVE VAC 15-5157 SUB ITZEO BtGENE FOR• =a le PRO E01 LQCATEEs7,7 668 yJHRNAM ARkkNSAt • AVEUE 7Q VACATt=.'AN"ALLEY fjIOH'( OF WAY. WHEREAS; the City ;Council has the avtltonty,°under A.C A. §14.54-104 to vacM� pUtiLc grounds or portions thereof which am not required forrcorpo-* vatepdiposes and • WHEREAS the -City Coancil has determined that the fo)lowmg described ally r ht of way i not re ueeq for corporate purposes' k4 ,: NOV, THEREFORE,'BE 'IT ORDAINEDBY THE'Cltt COUNCIL OF SHE CRY OF FAYETTEVILLE ARKANSAS Section 1: matthe City Qqurfcd of the City of Faystteyi6e Arkansa$ t ereby: vacates the -alley fight oT way as cjgspriI ed m Exhibit "B attached hereto..-: Section 2: A copy of this Ordinance duly cerjpfed; by the City. Cterk,along, with the map attached hereto as Exhibit "A' shall be filed in the officeof the, Washington County Circud Clerk. Section : This vacation approval is subject to the follo5✓mg conditions': - 1. Any portion of the existing alley that contains utilities shell be dedicated'. as a utility easement, 5Lisuaitt to the regueemente of5EP/§WEPCO, Sourpe? Gas and the City of Fayetteville The vacation is not in force until an easement; is dedicated or the uslaies are relocated. 2 New utility ea_serneptgrfor any existing utility lines outside of the subject' alley are not required to be dedicated Atthis tire., 3 Arty costs associated Witt relocation.of or damage to utilities and new. easemenrt dedication shall SAat the expense of the owner or developer. PASSED.and APPROVED this 6th day otOctober, 2015_ APPROVED: ATTEST By: By LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk Yreasi rer Exhibits for this ordinance may be viewed in the office of the City CIerKTreasurer.