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Home My WebLink AboutOrdinance 5451 i 3333!!!3333!!iii 3333!3333!3333!3333!3333!3333!3333!3333!3333!3333!3333!3333 3333 Doc ID: 014294000004 Type: REL Kind: ORDINANCE Recorded: 11/08/2011 at 12:09:02 PM Fee Amt: $30.00 Paae i of 4 Washinaton Countv. AR Bette Stamos Circuit Clerks Q File2011-00031285 ORDINANCE NO. 5451 AN ORDINANCE APPROVING VAC 11-3931 SUBMITTED BY MORRISON SHIPLEY ENGINEERS, INC. FOR PROPERTY LOCATED AT 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE TO VACATE UNCONSTRUCTED STREET 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 portion of the platted rights-of-way 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 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 conditions of approval and shall not be in effect until the conditions are met. 1. Any damage or relocation of utilities shall be at the owner/developer's expense. 2. The existing easement within the 9th Street right-of-way shall remain in effect. PASSED and APPROVED this 18th day of October, 2011. °tttttlPFPPpP APPROVED: ATTEST: 'Alit, APPROVED: /TREq`` \ YeO°yes v/P� _� • " �� " =U� mom: By. By: tai"Lec v �yti�: ;FAYETFEVILLE a IO ELD J AN, Mayor SONDRA E. SMITH, City Clerk/Treasu" �'9 •q'i'KANSP�°�''� P. EXHIBIT "A" $ NW Comer Of The NW U4 N Of The NE 1/4 E Section 21, T-16-N, R-30W E , E S7005326"E 16.71' 150 0 150 S70°20'15"E 18.86' 8853• S2°1948'W 24.00' E ' S87°03'40"E 82.49'-----------. E S7(1°53'26"E 171.82' f P.D.B. 2v 6 S to _._" .._.__..____.._.... �- &ock S70 53 Feet • ��,gin,.:, Fifth Street ;, ,r1;,,tA;4., _' _.._._..._.._.._._..._- 2 E Sc 1 43.63' r P.O. 14401 ��ti� i^•il i i� tu a� o _.............. ... Alle <7 N yEi N ;l W 87°0255"Y S87002551E 16.00` , Sixth 5Mt(Ninth Street ,t i ' v i ( cc) ———_— ----- ; a',u �i,i� , i it':i S2°1948..W 55.00 3 - -_� 14901%„ E K p i g - .....N67003'40"W 16,00' H � r iu QO NATI N STR T � -..__.._........... - � � Z. .; ' U. ..........._.........._...... .. NOR co 50 a Er t i j _.._..__.._.__.. � 38 23 W 60.00 c; - L N87°2f 3�3j8"W 16.00' - _ W. 11TH TRE T on.■n sr • au MORRISON lei SHIPLEY Rrcar►r-aF WAr VACATION EXHIBIT#3 - a g ENGINEERS ■ SURVEYORS yop7 sem.pp{eomvpou Stn.t.6mtwMY,AR72712.478.37!90 . 1010.y- Fayejpviqu®, WBhkQton County, Arkansas ,/ppvEk„ EXHIBIT "B" VAC 11-3931 ROW VACATION: A PART OF WEST STREET, SIXTH STREET(KNOWN NOW AS NINTH STREET), FIFTH STREET, AND AN ALLEY LYING ON THE WEST SIDE OF BLOCKS 18, 19, AND 20 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN FAYETTEVILLE, WASHINGTON COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER THENCE SOUTH 02° 54'10" WEST A DISTANCE OF 230 FEET; THENCE SOUTH 70'20'15"EAST A DISTANCE OF 18.86 FEET TO A FOUND %2" REBAR WITH CAP, P.S. #1298; THENCE SOUTH 70°53'26"EAST A DISTANCE OF 171.82 FEET, TO A POINT ON THE WEST LINE OF THE AFOREMENTIONED ALLEY, FOR A POINT OF BEGINNING; THENCE SOUTH 70°53'26"EAST A DISTANCE OF 16.71 FEET, TO A POINT ON THE EAST LINE OF THE ALLEY, SAID POINT ALSO BEING ON THE WEST LINE OF THE AFOREMENTIONED BLOCK 20; THENCE SOUTH 02°19'48" WEST, ALONG THE WEST LINE OF BLOCK 20,A DISTANCE OF 24.00 FEET, TO THE SOUTHWEST CORNER OF BLOCK 20; THENCE ALONG THE SOUTH LINE OF BLOCK 20, SOUTH 87003'40"EAST A DISTANCE OF 82.49 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 70053'26 EAST A DISTANCE OF 143.63 FEET, TO A POINT 16 FEET EAST OF THE NORTHWEST CORNER OF LOT 7, BLOCK 16; THENCE ALONG THE NORTH LINE OF SAID LOT 7,NORTH 87003'40" WEST A DISTANCE OF 16.00 FEET TO THE NORTHWEST CORNER OF BLOCK 16; THENCE ALONG THE WEST LINE OF BLOCK 16, SOUTH 02019'48" WEST A DISTANCE OF 290.02 FEET TO THE SOUTHWEST CORNER OF BLOCK 16; THENCE ALONG THE SOUTH LINE OF BLOCK 16, SOUTH 87002'55" EAST A DISTANCE OF 16.00 FEET; THENCE SOUTH 02019'48" WEST A DISTANCE OF 55.00 FEET, TO A POINT ON THE NORTH LINE OF BLOCK 17; THENCE ALONG SAID NORTH LINE,NORTH 87°03'40" WEST A DISTANCE OF 16.00 FEET, TO THE NORTHWEST CORNER OF BLOCK 17; THENCE ALONG THE WEST LINE OF BLOCK 17, SOUTH 02°19'48" WEST A DISTANCE OF 602.19 FEET, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SEVENTH STREET (KNOWN NOW AS ELEVENTH STREET); THENCE ALONG SAID RIGHT OF WAY LINE,NORTH 87023'38" WEST A DISTANCE OF 60.00 FEET, TO THE SOUTHEAST CORNER OF BLOCK 18; THENCE ALONG THE EAST LINE OF BLOCK 18;NORTH 02019'48"EAST A DISTANCE OF 602.54 FEET, TO THE NORTHEAST CORNER OF BLOCK 18; THENCE ALONG THE NORTH LINE OF BLOCK 18,NORTH 87003'40" WEST A DISTANCE OF 144.01 FEET, TO THE NORTHWEST CORNER OF BLOCK 18; THENCE ALONG THE WEST LINE OF BLOCK 18, SOUTH 02019'48" WEST 603.38 FEET, TO A POINT ON THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF SEVENTH STREET; THENCE ALONG SAID RIGHT OF WAY LINE,NORTH 87°23'38" WEST A DISTANCE OF 16.00 FEET TO A POINT ON THE WEST LINE OF THE AFOREMENTIONED ALLEY; THENCE ALONG SAID WEST LINE,NORTH 02°19'48"EAST A DISTANCE OF 1017.14 FEET, TO THE POINT OF BEGINNING. CONTAINING 2.98 ACRES MORE OR LESS. LESS AND EXCEPT; ALL OF BLOCK 19 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, SITUATE IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN FAYETTEVILLE, WASHINGTON COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER THENCE SOUTH 02° 54'10" WEST A DISTANCE OF 230 FEET; THENCE SOUTH 70'20'15" EAST A DISTANCE OF 18.86 FEET TO A FOUND %Z" REBAR WITH CAP, P.S. #1298; THENCE SOUTH 70°53'26"EAST A DISTANCE OF 188.53 FEET, THENCE SOUTH 02°19'48" WEST A DISTANCE OF 64.00 FEET, TO THE NORTHWEST CORNER OF BLOCK 19, FOR A POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF BLOCK 19, SOUTH 87°03'40"EAST 144.01 FEET, TO THE NORTHEAST CORNER OF BLOCK 19; THENCE ALONG THE EAST LINE OF BLOCK 19, SOUTH 02019'48" WEST A DISTANCE OF 290.00 FEET, TO A THE SOUTHEAST CORNER OF BLOCK 19; THENCE ALONG THE SOUTH LINE OF BLOCK 19,NORTH 87002'55" WEST A DISTANCE OF 144.01 FEET, TO THE SOUTHWEST CORNER OF BLOCK 19; THENCE ALONG THE WEST LINE OF BLOCK 19,NORTH 02019'48" EAST A DISTANCE OF 289.97 FEET TO THE POINT OF BEGINNING. CONTAINING 0.96 ACRES MORE OR LESS. TOTAL AREA TO BE VACATED IS 2.02 ACRES MORE OR LESS. Washington County,AR I certify this instrument was filed on 11/08/2011 12:09:02 PM and recorded in Real Estate File Number 2011-00031285 Bette Stamps- Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/18/2011 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: VAC 11-3931: Vacation (510 W. 11 th St. &989 S. School Ave./Campus Crest, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET&989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES. The request is to vacate unconstructed street right-of-way. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name $ 1 Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached v, �Q ,•yet Previous Ordinance or Resolution# Department rector Date Original Contract Date: Original Contract Number: City AtTorney Date Cc `7,3o.alca�t Finance and Internal Services Director Date Received in City 09-30-1 1 PO 1 4 5 R CV D Clerk's Office to "3-li Chief of S ff Date ED • Received in Mayor's Office M or Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE,ARKANSAS ev le DEPARTMENT CORRESPONDENCE Zayle KANSAS 1I11 INS Moll W�m I I: 111::::1 1:1 1 MIMI CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: September 30,2011 Subject: VAC 11-3931 (5 10 W. 11th St. & 989 S. School Ave./Campus Crest) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating unconstructed right-of-way. BACKGROUND The subject property is located south of Martin Luther King Jr. Boulevard and west of South School and was formally used as the Washington County Sale Barn. The approximately 12-acre project boundary has frontage onto South School, 11th Street, Dunn Avenue,National Street, and Government Avenue. The applicant's request is to vacate unconstructed right-of-way for West Street, a portion of 5th Street, a portion of 9th Street, and an alley, as indicated on the attached survey. All of the right-of-way was dedicated with Ferguson's Addition in the late 1800's or early 1900's. However, none of the streets were ever constructed, and a portion of 9th Street has already been vacated, making any future connection unlikely. The extension of West Avenue or Fifth Street would require a crossing over Tanglewood Branch, a costly and unnecessary project, given the relatively short block length in the area. The applicant also makes mention of existing easements for Ozarks Electric and Southwestern Bell. However, these are private easements between the property owner and utility provider, and do not require vacation approval from the City of Fayetteville. Approval of the right-of-way vacation will not vacate any portion of these private easements. DISCUSSION On September 26, 2011, the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3931 SUBMITTED BY MORRISON SHIPLEY ENGINEERS, INC. FOR PROPERTY LOCATED AT 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE TO VACATE UNCONSTRUCTED STREET 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 portion of the platted rights-of-way 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 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 conditions of approval and shall not be in effect until the conditions are met herein. 1. Any damage or relocation of utilities shall be at the owner/developer's expense. 2. The existing easement within the 91h Street right-of-way shall remain in effect. PASSED and APPROVED this day of , 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer P. o NW Corner Of The NW 1/4 N Of The NE 1/4 I Section 21, T-16-N, R-30W I I 3 O 0 S7005326"E 16.71' 150 0 150 S70020'150E 18.86' 8853' S2°19'48'W 24.00' S87°03'40"E 82.49'----------- --._...__ S70°53'26'E 171.82' -- P.O.B: F----. ..._....__.__._.._...._ eiock20 i' S70°5326"E S rn - Feet---..._._...---..._._.._. Fifth Street !_6 :;0'; ,aD3Q: 143.63' : :ii. t 7! P O.B. 944. ;,,:...f,•. ;�. t o s� o,...U_._._.._.q�. °o � s� i?Y t.. ,�;.r.• cn � •h I RUN Alley a�. r ..__.......�..._.... _ W N .I 4.;t"1°-• o I I Z N ��:;��,'N �= 87°0255" ''i Ay S87000WE 16.00' I ! Ctl i ! Sixth Mt ) i '7 i {j('I' ,; ` moi'"'91 (Ninth Street _; ,ilii� �1; I±Jilj;rj 4€ ': g - _ S2°1948"!N 55 00' ....144.071, -- r� :rl 1 rl; N87°03'40"W 16.00' j 3 1 ,f NAT/OVAL STREET �� si;�l1¢� it;Kra•--.__.__....__.._..._..__ � t f I �.....__...... N II „( I :i' v ..�....0 ! ......_. ( : z ; :ill: Alley " ,I:,,4�•{j;l j: Q j 3 i .._....its''•ii;I j 33 l�r�s�j�tl,� 60.,00..'.- N8. � 7°23'38"W _._.�. I ... .. ... - -.._. ..... N87°2338"W 16.00' _ W. 11TH STREET cm MORRISON OlSHIPLEY RIGHT--OF-WAY VACATION EXHIBIT#3 �.;;_„ project Nw ENGINEERS ■ SURVEYORS CCD-01 � cy 7407BE-5troatFayetteville, Washington County, Arkansas ° EXHIBIT "B" VAC 11-3931 ROW VACATION: A PART OF WEST STREET, SIXTH STREET(KNOWN NOW AS NINTH STREET), FIFTH STREET, AND AN ALLEY LYING ON THE WEST SIDE OF BLOCKS 18, 19, AND 20 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN FAYETTEVILLE, WASHINGTON COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER THENCE SOUTH 02° 54'10"WEST A DISTANCE OF 230 FEET; THENCE SOUTH 70020'15" EAST A DISTANCE OF 18.86 FEET TO A FOUND '/a" REBAR WITH CAP, P.S. #1298; THENCE SOUTH 70°53'26"EAST A DISTANCE OF 171.82 FEET,TO A POINT ON THE WEST LINE OF THE AFOREMENTIONED ALLEY, FOR A POINT OF BEGINNING; THENCE SOUTH 70°53'26" EAST A DISTANCE OF 16.71 FEET, TO A POINT ON THE EAST LINE OF THE ALLEY, SAID POINT ALSO BEING ON THE WEST LINE OF THE AFOREMENTIONED BLOCK 20; THENCE SOUTH 02°19'48" WEST, ALONG THE WEST LINE OF BLOCK 20, A DISTANCE OF 24.00 FEET, TO THE SOUTHWEST CORNER OF BLOCK 20; THENCE ALONG THE SOUTH LINE OF BLOCK 20, SOUTH 87003'40" EAST A DISTANCE OF 82.49 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 70053'26" EAST A DISTANCE OF 143.63 FEET, TO A POINT 16 FEET EAST OF THE NORTHWEST CORNER OF LOT 7, BLOCK 16; THENCE ALONG THE NORTH LINE OF SAID LOT 7, NORTH 87003'40"WEST A DISTANCE OF 16.00 FEET TO THE NORTHWEST CORNER OF BLOCK 16; THENCE ALONG THE WEST LINE OF BLOCK 16, SOUTH 02°19'48"WEST A DISTANCE OF 290.02 FEET TO THE SOUTHWEST CORNER OF BLOCK 16; THENCE ALONG THE SOUTH LINE OF BLOCK 16, SOUTH 87002'55" EAST A DISTANCE OF 16.00 FEET; THENCE SOUTH 02019'48" WEST A DISTANCE OF 55.00 FEET, TO A POINT ON THE NORTH LINE OF BLOCK 17; THENCE ALONG SAID NORTH LINE, NORTH 87003'40"WEST A DISTANCE OF 16.00 FEET, TO THE NORTHWEST CORNER OF BLOCK 17; THENCE ALONG THE WEST LINE OF BLOCK 17, SOUTH 02°19'48" WEST A DISTANCE OF 602.19 FEET, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SEVENTH STREET (KNOWN NOW AS ELEVENTH STREET); THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 87023'38"WEST A DISTANCE OF 60.00 FEET, TO THE SOUTHEAST CORNER OF BLOCK 18; THENCE ALONG THE EAST LINE OF BLOCK 18; NORTH 02019'48"EAST A DISTANCE OF 602.54 FEET, TO THE NORTHEAST CORNER OF BLOCK 18; THENCE ALONG THE NORTH LINE OF BLOCK 18, NORTH 87003'40"WEST A DISTANCE OF 144.01 FEET,TO THE NORTHWEST CORNER OF BLOCK 18; THENCE ALONG THE WEST LINE OF BLOCK 18, SOUTH 02019'48" WEST 603.38 FEET, TO A POINT ON THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF SEVENTH STREET; THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 87°23'38"WEST A DISTANCE OF 16.00 FEET TO A POINT ON THE WEST LINE OF THE AFOREMENTIONED ALLEY; THENCE ALONG SAID WEST LINE, NORTH 02019'48" EAST A DISTANCE OF 1017.14 FEET, TO THE POINT OF BEGINNING. CONTAINING 2.98 ACRES MORE OR LESS. LESS AND EXCEPT; ALL OF BLOCK 19 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, SITUATE IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN FAYETTEVILLE, WASHINGTON COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER THENCE SOUTH 02° 54'10" WEST A DISTANCE OF 230 FEET; THENCE SOUTH 70'20'15"EAST A DISTANCE OF 18.86 FEET TO A FOUND %" REBAR WITH CAP, P.S. #1298; THENCE SOUTH 70053'26"EAST A DISTANCE OF 188.53 FEET, THENCE SOUTH 02°19'48"WEST A DISTANCE OF 64.00 FEET, TO THE NORTHWEST CORNER OF BLOCK 19, FOR A POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF BLOCK 19, SOUTH 87003'40"EAST 144.01 FEET, TO THE NORTHEAST CORNER OF BLOCK 19; THENCE ALONG THE EAST LINE OF BLOCK 19, SOUTH 02019'48"WEST A DISTANCE OF 290.00 FEET, TO A THE SOUTHEAST CORNER OF BLOCK 19; THENCE ALONG THE SOUTH LINE OF BLOCK 19, NORTH 87002'55"WEST A DISTANCE OF 144.01 FEET, TO THE SOUTHWEST CORNER OF BLOCK 19; THENCE ALONG THE WEST LINE OF BLOCK 19, NORTH 02019'48"EAST A DISTANCE OF 289.97 FEET TO THE POINT OF BEGINNING. CONTAINING 0.96 ACRES MORE OR LESS. TOTAL AREA TO BE VACATED IS 2.02 ACRES MORE OR LESS. PC Meeting of September 26, 2011 avye TV11 e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 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: September- 19, 2011 Updated September 30, 2011 VAC 11-3931: Vacation (510 W. 11th St. & 989 S. SCHOOL AVE./CAMPUS CREST, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for properties located at 510 WEST 11111 STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 12.16 acres. The request is to vacate unconstructed street right-of-way. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located south of Martin Luther King Jr. Boulevard and west of South School and was formally used as the Washington County Sale Barn. The approximately 12-acre project boundary has frontage onto South School, 11th Street, Dunn Avenue,National Street, and Government Avenue. Request: The applicant's request is to vacate unconstructed right-of-way for West Street, a portion of 5th Street, a portion of 91h Street, and an alley, as indicated on the attached survey. All of the right-of-way was dedicated with Ferguson's Addition in the late 1800's or early 1900's. However, none of the streets were ever constructed, and a portion of 9th Street has already been vacated, making any future connection unlikely. The extension of West Avenue or Fifth Street would require a crossing over Tanglewood Branch, a costly and unnecessary project, given the relatively short block length in the area. The applicant also makes mention of existing easements for Ozarks Electric and Southwestern Bell. However, these are private easements between the property owner and utility provider, and do not require vacation approval from the City of Fayetteville. Approval of the right-of way vacation will not vacate any portion of these private easements. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections G:\ETC\Development Services Review\201 1\Development Review\11-3931 VAC(Sale Barn)\16 Planning Commission\09-26-2011\Comments and Redlines