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Home My WebLink AboutOrdinance 5599Doc ID: 015338030003 Type: REL Kind: ORDINANCE Recorded: 08/12/2013 at 08:44:06 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2013_00027456 ORDINANCE NO. 5599 AN ORDINANCE APPROVING VAC 13-4402 SUBMITTED BY LOREL HOFFMAN FOR PROPERTY LOCATED AT 2111 MARTIN LUTHER KING BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER EASEMENT, A TOTAL OF 0.01 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted water and sewer easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described water and sewer easement in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Condition of Approval and shall not be in effect until the condition is met. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 161h day of July, 2013. APPR OXFPTl - ATTEST: By: SONDRA E. SMITH, City Clerk/14M%tVnr� �•� F RK T. ,,i3ON EXHIBIT "A" POINT OF NORTHEAST CORNER, NORTHWEST QUARTER, NORTHWEST QUARTER, SECTION 20 (T16N-R30W) DESCRIPTION: (UTILITY EASEMENT VACATION A PART OF THE NORTHWEST QUARTER CF THE NORTHWEST QUARTER OF SEC IION 20, I OWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGfON COUNTY, ARKANSAS, AFING MORF PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER, OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCE S00'00'00"W ON THE EAST LINE OF THE NORTHWEST QUARILR OF IHE NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF 422,47 FEET; THENCE S67`23'00"W A DISTANCE OF 10,83 FEET TO THE POINT OF BEGINNING OF THE UTILITY EASEMENT VACATION TO BE DESCRIBED; (HENCE S67`23'00"W A DISTANCE OF 16.25 FEET; THENCE NOO'00'00"E A DISTANCE OF 26.90 FEET; THENCE N67'23'00"E A DISTANCE OF 16 25 FEET: TI IENCE S00'00'00"W A DISTANCE OF 26.90 FEET TO THE POINT OF BEGINNING CONTAINS 403 SQUARE FEET, MORE OR LESS, SCALE: 1 "=40' N67'23'00"E 16.25' EASEMENT VACATION NOO'00'00"E 26.90' i S67'23'00"W 16.25' S00`00'00"W 26.90' 7'23'00"W 10.83' DINT OF (UTILITY EASEMENT VACATION) HAROLD D. RODGERS, JR. ARKANSAS LS-1422 EXHIBIT "A" SURVEYS 4 DESIGN, LLC PROJECT#: 12-2207 1302 CHESTNUT LANE PANDA EXPRESS EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62 PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 2207EXH/BI T3. dwg EXHIBIT "B" VAC 13-4402 UTILITY EASEMENT VACATION LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCE S00°00'00"W ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF 422.47 FEET; THENCE S67°23'00"W A DISTANCE OF 10.83 FEET TO THE POINT OF BEGINNING OF THE UTILITY EASEMENT VACATION TO BE DESCRIBED; THENCE S67°23'00"W A DISTANCE OF 16.25 FEET; THENCE N00°00'00"E A DISTANCE OF 26.90 FEET; THENCE N67023'00"E A DISTANCE OF 16.25 FEET; THENCE S00°00'00"W A DISTANCE OF 26.90 FEET TO THE POINT OF BEGINNING. CONTAINS 403 SQUARE FEET, MORE OR LESS. Washington County, AR I certify this instrument was filed on 08/12/2013 08:44:06 AM and recorded in Real Estate File Number 2013-00027456 / Kyle Sylvester,Qircuit Clem by Jesse Fulcher Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/16/2013 City Council Meeting Date Agenda Items Only Planning Development Services Division Department Action rtequired: VAC 13-4402: Vacation (2111 MARTIN LUTHER KING BOULEVARD/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL.The request is to vacate a portion of a water and sewer easement. Cost of this request Category / Project Budget Account Number Funds Used to Date Project Number Budgeted Item Department Director City Attorney Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name IA. -fit; Previous Ordinance or Resolution # Date Original Contract Date: C—Z7 -13 Original Contract Number: Date Finance and InternAl Services Director ID e Received in City Clerk's Office �f Chief of S Date Received in E ERE Mayor's Office Mavor Da#e �� Comments: Revised January 15, 2009 Lay. .ee�le VARKANSAS� THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: June 26, 2013 Subject: VAC 13-4402 (2111 MARTIN LUTHER KING/PANDA EXPRESS) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a water and sewer easement. BACKGROUND The subject property is located at 2111 Martin Luther King Boulevard and is zoned C-2, Thoroughfare Commercial. The site is currently being redeveloped with a new Panda Express restaurant. The Planning Commission and City Council reviewed and approved a utility easement vacation in 2012 for this exact easement (VAC 12-4221). However, a small portion of the easement was not included in the legal description due to it being across a parcel line. The applicant's request is to vacate a portion of an existing water and sewer easement that was omitted in the previous request. The Water and Sewer Division has reviewed this request and does not object to the vacation. Utility improvements are being made as part of the development. DISCUSSION On June 24, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 6-0-0. BUDGET IMPACT None ORDINANCE NO. AN ORDINANCE APPROVING VAC 13-4402 SUBMITTED BY LOREL HOFFMAN FOR PROPERTY LOCATED AT 2111 MARTIN LUTHER KING BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER EASEMENT, A TOTAL OF 0.01 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted water and sewer easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described water and sewer easement in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Condition of Approval and shall not be in effect until the condition is met. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this day of , 2013. APPROVED: ATTEST: USE LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "All POINT OF COMMENCEMENT NORTHEAST CORNER, NORTHWEST QUARTER, NORTHWEST QUARTER, SECTION 20 (T16N-R30W) 110N. lU III %i f TI'L T I i0 i I I L C-; 1 A N U- zi: 30 f L- 1 0 !t I 01�i I �R T APA ]t.1F.l% -EC T -, •,Irjffl. i)- I SCALE: 1"=40' N67'23'00"E 16.25' EASEMENT-".. VACATION NOO*00'00 " Etivl 26.90' V) S67'23'00" 16.25' S00*00,00"w 26.90' 7'23'00"W 10.83' POINT OF BEGINNING (UTILITY EASEMENT VACATION) HAROLD D. RODGERS, JR. ARKANSAS LS-1422 EXHIBIT "N' SURVEYS 4 DESIGN, LLC PROJECT#: 12.2207 1302 CHESTNUT LANE PANDA EXPRESS EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62 PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 22D7,5XH)Bl-r3.dwg EXHIBIT "B" VAC 13_4462 UTILITY EASEMENT VACATION LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCE S00°00'00"W ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF 422.47 FEET; THENCE S67°23'00"W A DISTANCE OF 10.83 FEET TO THE POINT OF BEGINNING OF THE UTILITY EASEMENT VACATION TO BE DESCRIBED; THENCE S67°23'00"W A DISTANCE OF 16.25 FEET; THENCE N00°00'00"E A DISTANCE OF 26.90 FEET; THENCE N67°23'00"E A DISTANCE OF 16.25 FEET; THENCE S00°00'00"W A DISTANCE OF 26.90 FEET TO THE POINT OF BEGINNING. CONTAINS 403 SQUARE FEET, MORE OR LESS. Tayv�e .vi.le THE CITY O FAYETTEVILLi , ARKANSAS PC Meeting of June 24, 2013 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: june 199201-3 Updated June 27, 2013 VAC 13-4402: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.01 acre. The request is to vacate a portion of a water and sewer easement on the subject property. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located at 2111 Martin Luther King Boulevard and is zoned C-2, Thoroughfare Commercial. The site is currently being redeveloped with a new Panda Express restaurant. The Planning Commission and City Council reviewed and approved a utility easement vacation in 2012 for this exact easement (VAC 12-4221). However, a small portion of the easement was not included in the legal description due to it being across a parcel line. Request: The applicant's request is to vacate a portion of an existing water and sewer easement that was omitted in the previous request. The Water and Sewer Division has reviewed this request and does not object to the vacation. Utility improvements are being made as part of the development. Easement Vacation Approval: The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the results summarized below. UTILITIES RESPONSE AEP/SWEPCO No Objections Ozarks Electric Cooperative No Objections Cox Communications No Objections Source Gas No Objections G:\ETC\Development Services Review\2012\Development Review\13-4402 VAC Panda Express\16 Planning Commission\6-24-13 PC forwarded\Comments and Redlines AT&T CITY OF FAYETTEVILLE: Water/Sewer Transportation Solid Waste No Objections RESPONSE No Objections No Objections No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4402 to the City Council with a recommendation for approval subject to the following condition: 1. Relocation of or damage to any existing utilities will be at the owner's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Date: June 24, 2013 Motion: Winston Second: Autry Vote: 6-0-0 Notes: Z Forwarded O Denied O Tabled &TTC\Development Services Review\2012\Development Review\13-4402 VAC Panda Express\16 Planning Commission\6-24-13 PC forwarded\Comments and Redlines UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT' VACATIONS DATE: (r UTILITY COMPANY: rj� '4L 14// t: �,t� ANPLICAN'rNAME:.!{ QF.0 d bcsL]i t' �Z'i �E�p[,ICANTP.FI4NE:{� � 1 REQUESTED VACATION (applfcanl muss check a�f-tAat apply): Utiliiy 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 IAddreesss (referring to attubed document -must be completed'") sir Z l H 1 s.Y. 1 i\ (ATTACH legal description and graphic representallon of what A, being vacated -SURVEY UTTLITY COMPANY COMMENTS! • No objections to the vocation(s) described above. • No objections to the vaoation(s) described above, provided following described easemeuts are retained, (State the location, dimensions, and purpose below.) 0 No objections provided the following conditions are met: 5ignalureofUtility 1npanyRapresenialNe r Titla July 2009 Pages September 24, 2012 Planning Commission VAC 12-4221 Panda Express Agenda Item 2 Page 6 of 14 K 10 9 abed Z wall epua6v ssajdx3 epued IZZt-Z[ OVA UOISSIWWOO 6uluuelj z [oz '17z jE)qwald@S 1�J, Z Qj n r- C- -0 Lo 0 0 (D Ln 0 Ls x 0) M 0 < [= (D U:3 —. Z; D LO M fD > < co (D m D 0 0.1 t'j Ln < Qj Ln CL Fcn A wi" sr. if fa ' V 'T iv UN U Xl� N. EmFaimm X-1 T� co Fn r7 I BANNISTER ENGINEERING May 9,2013 City of Fayetteville Planning Department 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Easement Vacation Request Panda Express Restaurant To Whom It May Concern: The purpose of this letter is to summarize the requested Easement Vacation for the Panda Express development. The development is proposed for a 2,212 square foot fast food restaurant with drive-thru facilities located at 2111 West Martin Luther King Blvd. An easement vacation is necessary to remove approximately 403 square feet of an existing utility easement in order to develop the property. Please call us if you have any questions. Respectfully, Bannister Engineering, LLC T. Jason Bannister, P.E. President Bannister Engineering, LLC • 1696 Country Club Drivc • Mansfield, Texas 76063 • 817-842-2094 • 817-842-2095 fax Panda Express Water line Vacation PETITION TO VACATE A WATER LINE EASEMENT, LOCATED :N (lot 2, block 2, Fayetteville Center Subdivision), CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council I, the undersigned, being the authorized agent of all the owners of the real estate abutting the water line easement, hereinafter sought to be abandoned and vacated, lying in (lot 2, block 2, Fayetteville Center Subdivision), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a water line easement, which is described as follows: (see attached survey by Surveys 4 Design, LLC) That the abutting real estate affected by said abandonment of the alley are (see attached Special Certificate provided to applicant by Waco Title) City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned 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 _5_ day of June, 2413 Printed Name: Lorel Hoffman, agent Signature C��;(Ma 4*4-� ��•1t c'7J� �h r,�l'O +J \o y\N LMpFz vS- /JN 90'00' 00"E 15.00' / 25' UTILITY EASEMENT BOOK 986. PAGE 286 EASEMENT VACATION N00.00'00"E 139.09' G / S67' / 1 POINT OF COMMENCEMENT NORTHEAST CORNER, NORTHWEST QUARTER, NORTHWEST QUARTER, SECTION 20 (T16N-R30W) DESCRIPTION: (UTILITY EASEMENT VACATION) A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, a� RANGE 30 WEST, IN THE CITY OF Pm FAYETTEVILLE, WASHINGTON COUNTY, �N ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID i901'00'00"W SECTION 20; THENCE 500'00'00"W ON 10.00' THE EAST LINE OF THE NORTHWEST POINT OF QUARTER OF THE NORTHWEST QUARTER E IN N I NG OF SAID SECTION 20 A DISTANCE OF 266.69 FEET; THENCE S90'00'00"W A (UTILITY EASEMENT DISTANCE OF 10.00 FEET TO THE POINT VACATION) OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE SOO'00'00"W A DISTANCE OF 132 84 FEET; THENCE 00.00�00„W S67'23'00"W A DISTANCE OF 16.25 132.,0084' FEET; THENCE N00'00'00"E A DISTANCE OF 139.09 FEET; THENCE N90'00'00"E A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINS 2039 SQUARE FEET, MORE OR 'LESS SCALE: 1 "=40' Il aD D. RODGERS, JR. _— —1 ARKANSAS LS-1422 SURVEYS 4 DESIGN, LLC 1302 CHESTNUT LANE EUDORA, KANSAS 66025 PH. (660) 596-2666 c` . 5 •�h''1L �LAegol" EXHIBIT "A" PROJECT #: 12-2207 PANDA EXPRESS 2111 U.S. HIGHWAY 62 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 2207EXH181T. dwg UTILITY EASEMENT VACATION LEGAL DESCRIPTION APART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCE S00°00'00"W ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF 422.47 FEET; THENCE S67°23'00"W A DISTANCE OF 10.83 FEET TO THE POINT OF BEGINNING OF THE UTILITY EASEMENT VACATION TO BE DESCRIBED; THENCE S67°23'00"W A DISTANCE OF 16.25 FEET; THENCE N00'00'00"E A DISTANCE OF 26.90 FEET; THENCE N67°23'00"E A DISTANCE OF 16.25 FEET; THENCE S00°00'00"W A DISTANCE OF 26.90 FEET TO THE POINT OF BEGINNING. CONTAINS 403 SQUARE FEET, MORE OR LESS. POINT OF COMMENCEMENT NORTHEAST CORNER, NORTHWEST QUARTER, NORTHWEST QUARTER, SECTION 20 (T16N-R30W) N67"23'00"E 16.25' EASEMENT VACATION N00'00'00"E-� 26.90' S67°23'00" 16.25' DESCRIPTION: (UTILITY EASEMENT VACATION) A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCE S00°00'00"W ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF 422 47 FEET; THENCE S67°23'00"W A DISTANCE OF 10.83 FEET TO THE POINT OF BEGINNING OF THE UTILITY EASEMENT VACATION TO BE DESCRIBED; THENCE S67'23'00"W A DISTANCE OF 16 25 FEET; THENCE N00"00'00"E A DISTANCE OF 26 90 FEET; THENCE N67°23'00"E A DISTANCE OF 16 25 FEET; THENCE S00°00'00"W A DISTANCE OF 26.90 FEET TO THE POINT OF BEGINNING CONTAINS 403 SQUARE FEET, MORE OR LESS 00°00'00"W 26.90' r'23'00"W 10.83' POINT OF BEGINNING (UTILITY EASEMENT VACATION) HAROLD D. RODGERS, JR. ARKANSAS LS-1422 SURVEYS 4 DESIGN, LLC 1302 CHESTNUT LANE EUDORA, KANSAS 66025 PH. (660) 596-2666 SCALE: 1 "=40' EXHIBIT "A" PROJECT #: 12-2207 PANDA EXPRESS 2111 U.S. HIGHWAY 62 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 2207EXHIBI T3. dwg VAC13-4402 PANDA EXPRESS Close Up View OF P., - AC 13-4402 - Footprints 2010 - Hillside -Hilltop Ov �rlay District Design Overlay Di strict Design Overlay Di ;trict 0 37.5 75 150 225 300 ------ Planning Area Feet m NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NEWTS-PA-PERSUC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSASTIMES BENTON COUNTY DAILYILYRRECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5599 Was inserted in the Regular Editions on: July 25, 2013 Publication Charges: $ 90.79 Subscribed and sworn to before me This i day of , 2013. w=� Notary Public My Commission Expires: Z/jj � /2-,D I r'A-PN J 011" ES Benton UOUIll'y" ',\•iy Cc) m'"(liSSl9n Expires t" F �G, 200 � rer,rGGry ,_ **NOTE** Please do not pay from Affidavit. Invoice will be sent. AUG 0 12013 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE