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HomeMy WebLinkAboutORDINANCE 5887113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5887 File Number: 2016-0280 11111 � � l 111111111111111111111111 l[111 I1111 �11111111� 1111111111 I1111111111119 I1I1 Doc ID: 017054330004 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09:24:34 AM Fee Amt: $30,00 Pape 1 of 4 Washington County, AR Kyle5ylvester Circult• Clerk File2016-00026325 VAC 16-5424 (NW CORNER OF MILL AVE. & SOUTH ST./THURMOND-QUINLAN): AN ORDINANCE TO APPROVE VAC 16-5424 SUBMITTED BY ALLISON THURMOND- QUINLAN FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MILL AVENUE AND SOUTH STREET TO VACATE 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 street 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 portions of street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo 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 costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. 2. A utility easement shall remain where the existing gas line is the center line of the utility easement. Page I Printed on 6122116 Ordinance: 5887 File Number: 2016-0280 PASSED and APPROVED on 6/21/2016 Approved: Attest: Sondra E. Smith, City Clerk Treasurer • �;F YETTEVILLE; w Page 2 Printed on 6122116 ME vxa- r 'IJO£ = goul I ^ (1"17-1.1Nu-,IIVJS')IHdVI[D '06 ,09 02 ,0 r f� �1z.6 'V F „ I?OeA aq 0; IaaJed a m 000-9L6Zo-99L# 1338Vd 'isno►r aiNl.�slx� —/+ S3dov S0-0 }aa3 'bS S'ZSOZ 000-9L6ZO-99L# 130bb'd 000—W-6Z0-99L# �308Vd isnoui ".7N1.1SIXI M, 1181HX3 (RIO',AN AO AVM-.iO-SIHDIN (1NV SIN3W3SV3 011:)3fHf1S 'SSII NO KNOW S3N7V 500 ONINIVINOD'DNINNID38 JO.LNIOd 3H1 Ol.£8`06 M„Z&I So.14S 3)NHHI'O1 101 QIVS d0 3NII ISV3 3H1 01,88'LS I„ tUtb 98S I;7NIHI'0I 101 QIVS AO -INII HINON IHI .10 I-11HOS Ilid £ SI HDIHM INIOd V 01,£6'OL I,AMIoZON IDNIHI DNINNnN ❑NV 01 101 QIVS.10NnNN071SVIH1f10S'IHIIVDNINNID941=11M-01'SMOIIO,i SV (110IInSaO AT6VIf1J11NVd INOIN DNI30 ONV SVSNVNHV'AINf10J NOIDNIHSVM.40 NI(INODIN 01 HAO-XI (1NV NN-M ii 1JNl:-) IHI.iOIDI.iIOIHI NI ilild NO IV -Id 1I3d SV SVSNV7RIV'II11AI11AVi i0 d11J IH1 OJ, NOIIIOOV SIIOH NI Z A:301fl NI 0110I d01NVd V 000-MM-59LN IIONVd NOI1dP"SIO AIAIIAS .LT�TTT-TX4 I� OI,I,�d/L �C V M-.�(�-.T.H�T?T 16-5424 EXHIBIT 'B' A part of Lot e`en (10) in Block, Two (2) in Bolas Addition to the City of Fayetteville, described as Fgllows. Beginning at the South East corner of said lot as shown by the recorded plat of said addition,, and running, thence Worth to a point which is three (3) feet South of the North lire of, said Lot 10; thence East to the East line of said lot; thence Southw"terly with the East line of said lot to the place of beginning. Washington County, AR I certify this instrument was filed on 09/09/2016 09:24:34 AM and recorded in Re Estate File Number 201�6`-00 63 Kyle Sylvester - by City of Fayetteville, Arkansas 113 West Mountain Street { ya+ Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2016-0280 Agenda Date: 6/21/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 VAC 16-5424 (NW CORNER OF MILL AVE. & SOUTH ST./THURMOND-QUINLAN): AN ORDINANCE TO APPROVE VAC 16-5424 SUBMITTED BY ALLISON THURMOND-QUINLAN FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MILL AVENUE AND SOUTH STREET TO VACATE 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 street 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 portions of street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo 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 costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. 2. A utility easement shall remain where the existing gas line is the center line of the utility easement. City of Fayetteville, Arkansas Page 1 Printed on 6/22/2016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 20 6-0280 Legistar File iD 6/21/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/27/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5424: Vacation (NW CORNER OF MILL AVE. & SOUTH ST./THURMOND-QUINLAN, 524): Submitted by ALLISON THURMOND QUINLAN for property along the NW CORNER OF MILL AVE. & SOUTH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.05 acres. The request is to vacate a portion of a street right-of-way. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Fund Project Title Current Budget $ Funds Obligated $ Current Balance Item Cost Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF T%ay �e ARKANSAS MEETING OF JUNE 21, 2016 TO: Mayor and City Council THRU: Harry Davis, Planner CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: June 21, 2016 SUBJECT: VAC 16-5424: Vacation (NW CORNER OF MILL AVE. & SOUTH STJTHURMOND-QUINLAN, 524): Submitted by ALLISON THURMOND QUINLAN for property along the NW CORNER OF MILL AVE. & SOUTH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.05 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Planning Department staff and the Planning Commission recommend approval of VAC 16-5424 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. A utility easement to remain whereas the existing gas line is the center line of said utility easement. BACKGROUND: The property is located on the northwest corner of Mill & South St. The property is currently zoned as RMF-24, within City Right-of-way, and contains approximately 2,052.5 square feet. The applicant states the property in the 1920s and 1930s had a grocery store, but was later demolished and deeded to the City in 1946 for roadway widening. The applicant proposes to vacate city right-of-way as depicted in Exhibit 'A' and described in Exhibit 'B' to allow for future development. DISCUSSION: On May 23, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 6-0-1 (Commissioner Quinlan recused; Commissioners Autry and Noble absent) as a consent agenda item. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Exhibit A Exhibit B Application Planning Commission Staff Report RIGHT-OF-WAY VACATION EXHIBIT In N, 0: L NO, 16 11j, 1 0 1) 10A h N BI:( N\N( 1, U"W"t EXHIBIT'A' :j ------------------------------------------- LMSTIM, PARCEL #765-02974-000 PARCEL #765-02976-000 !! 2052.5 Sq. Feet 0 05 ACRES +/- I PARCEL #765-02976-000 , YXII, -- ------ ---- Parciet to b-evaca 'd 73 L 30, 60' 90' z �jR,"1121HY V Al-h tIN I I 1 11 rJ Lj�! 16-077 16-5424 EXHIBIT 'B' A pant of Lot Ten (10) in Block Two (2) in Bolos Addition to the City of Fayetteville, described as f©llonez Beginning at tha South East corner of said lot as shown by the recorded plat of said addition,, and running, thence North to a point which is three (3) feet South of the North line of -said Lot 10; thence East to the FAst line of said lot; thance 5out].m6sterly with the East line of said lot to the place of beginning, CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY FEE: $200.00 Date Application Submitted: Sign Fee: $5.00 Date Accepted as Complete: S-T-R: Project Number: PP#: Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placer/ on the Planning Commission agenda until this information is furnished Application: Indicate one contact person for this request: x Applicant Representative Applicant (person making request): Name: Allison Thurmond Quinlan Address: 125 W Boles St Fayetteville, AR 72701 Phone: ( 479 ) 305-4807 Email: atg0ame.com Representative (engineer, surveyor, realtor, etc.): Name: Address: Phone:( ) Email: Fax: ( ) Fax: ( ) Site Address / Location: Parcel 765-02976-000 at the intersection of Huntsville Road, South Street, and Mill St Legal description of area to be vacated (attach separate sheet if necessary): Current Zoning District: RMF-24 Assessors Parcel Number(s) for subject property FINANCIAL INTERESTS Parcel 765-02976-000 The following entities and / or people have financial interest in this project: Scott and Allison Quinlan will close on the adjacent properties on April 13, 2015 as Flintlock Development LLC. The adjacent property was previously owned by Mark Porter, who is selling it. December 2014 Page I APPLICANT/REPRESENTATIVE: I certify under penalty of peijury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): Allison Thurmond Quinlan Date: 4/15/2016 PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. ! si nett b1p the authorized went, a letter from each nronertt, owner must be provitted inn icatittt• that the twent is authorized to act on his/her behalf:) Owners (attach additional info if necessary): Name (printed): Flintlock Development LLC Signature: Date: 4/15/2016 Name (printed): `mature: Date: Vacation Checklist: Address: 125 W Boles St Fayetteville, AR 72701 Phone: ( 479 ) 305-4807 Address: Phone:( ) Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $200.00 application fee $5.00 public notification sign fee (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may be included on the survey plat). (3) Survey of the site depicting the perimeter property lines and area within the property to be vacated. (4) CD containing a copy of the legal description in MS Word and PDF copies of the signed application and all other items submitted with this project. (5) A surveyor should stake the area on the site to be vacated for utility company review on their site visit. (6) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Abstractor's Certificate of Ownership stating names of all owners of property, adkjacent to the sheet right-of-way, alley, or easement to be vacated (this document is obtained from a title company). (8) A copy ofthe county parcel map from the Washington County Assessor's office or fromthe Washington County website(-,.,NtiN-Av.co.w-ashinnton.ar,us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. December 2014 Page 2 (9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached). (10) For applications to vacate an access easement, alley or right-of-way only: Written consent is required from all adjacent property owners and is required to be submitted with the application (example form is attached). (11) Comments from all utility companies concerning the street right-of-way, alley, or easement to be vacated and its relationship to existing or planned utilities with recommendations as to what action should be taken (an example comment form is attached) is required at application submittal. (12) The applicant is responsible for meeting the public notification requirements for a Vacation listed on the Notification Requirements pages in this application. Utility Representatives for a Vacation Request * Name Company Telephone Email Jeff Hamilton AT&T 442-1967 Chad Hodge Cox Communications 365-2402 John Le AEP/SWEPCO 973-2426 Scott Stokes Source Gas 435-0229 j h5430 n. att.com Chad.Hodge a cox.com the a aep.com Scott. Stokes (r sourcegas.com Wes Mahaffey Ozarks Electric 684-4649 wmahaffey@ozarksecc.com Or Mike Phipps 684-4696 mph ippsott ozarkseco.com City Divisions: Mark Rogers Water and Sewer 575-8392 inrogers(c fayetteville-ar.gov Maury Nelson Solid Waste 575-8397 mnelson a fayetteville-ar.gov Terry Gulley Transportation 444-3491 tgulley c fayetteville-ar.gov *Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage Easement Vacation is being requested. December 2014 Page 3 CITY OF • aeee ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Harry Davis, Planner UPDATED FOR PC RESULTS SUBJECT: VAC 16-5424: Vacation (NW Corner of Mill & South St./Thurmond Quinlan, 524): Submitted by ALLISON THURMOND QUINLAN for property located at NW CORNER OF MILL & SOUTH ST. The property is a CITY RIGHT-OF-WAY, and contains approximately 0.05 ac/2,052.5 sq ft. The request is to vacate a portion of the ROW. RECOMMENDATION: Staff recommends forwarding VAC 16-5424 with conditions of approval. BACKGROUND: The property is located on the northwest corner of Mill & South St. The property is currently zoned as RMF-24, within City Right-of-way, and contains approximately 2,052.5 square feet. The applicant states the property in the 1920s and 1930s had a grocery store, but was later demolished and deeded to the City in 1946 for roadway widening. The surrounding zoning and land uses are depicted in Table 1. Table 1 - Surroundinq Zoninq and Land Use Direction from Site Land Use Zoning North -Single-family Residential RMF-24, Residential Multi -family South Single-family Residential DG, Downtown General East Single-family Residential RMF-24, Residential Multi -family West Single-family Residential RMF-24, Residential Multi -family Proposal: The applicant proposes vacation of a portion of ROW as described above and depicted in an exhibit provided by the applicant (comprising 2,052.5 square feet). DISCUSSION: 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: 113 W. Mountain Street www.fayetteville-ai.gov Fayetteville, AR 72701 Utility Response Cox Communications No objections with conditions AEP/SWEPCO No objections Black Hills Energy No objections with conditions AT&T No objections Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5424 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities of existing facilities shall be at the owner/developer's expense. 2. A utility easement to remain whereas the existing gas line is the center line of said utility easement. PLANNING COMMISSION ACTION: Required YES Date: May 23, 2016 Motion: SELB4' ,Second: BE DEIN Vote: 6--0-1 CITY COUNCIL ACTION: O Tabled Forwarded O Denied QUINLAN ABSTAINED IDate: June 21, 2016 O Approved BUDGET/STAFF IMPACT: None. APPROVED/FORWARDED AS PART D.F CONSENT AGENDA TO CC Required YES O Denied GAETC\Development Services Review\2016\Development Review\16-5303 VAC 4200 W. Mahogany Dr. (Bradford)\03 Planning Commission\01-25-2016\Comments and Redlines ,attachments: ■ Request Letter ■ Petition to Vacate ■ Utility Approvals ■ Easement Vacation Exhibit ■ One Mile Map ■ Close Up Map G:\ETC\Development Services Review\2016\Development Review\16-5303 VAC 4200 W. Mahogany Dr, (Bradford)\03 Planning Comm ission\01-25-2016\Comments and Redlines f] -1* n tloe-k PETITION TO VACATE STREET RIGHT OF WAY TO: The Fayetteville City Planning Commission and The Fayetteville City Council Flintlock Development, LLC requests that the City of Fayetteville abandon and vacate the street right of way described below and in the attached ALTA survey and exhibits. The Street Right of Way is a small triangular parcel numbered 765- 02976-000 fronting F. South Street that is currently used for parking by the residents of 228 S. Mill Ave. LEGAL DESCRIPTION The legal description of the parcel is as follows: Beginning at the South East corner of said lot as shown by the recorded plat of said addition, and running thence North to a point which is three (3) feet South of the North line of said Lot 10; thence East to the East line of said lot, thence Southwesterly with the East line of said lot to the place of beginning. STREET RIGHT OF WAY HISTORY The parcel had a small grocery store on it during the 1920s and 1930s. The concrete floor of the grocery store is still visible on site. The grocery store also appears on the 1930s Sanborn to have a small gas tank associated with it. We have checked that this tank is unregistered and unregulated, and have done due diligence to confirm it did not have any leakage or environmental issues associated with it. The parcel was deeded to the city for the purpose of widening the road in 1949. The road has not been widened or changed in the intervening years, and City's Master Street Plans do not include any proposed changes to the adjacent streets. The public's interest and welfare would not be affected by the abandonment. REASON FOR RIGHT OF WAY VACATION REQUEST We request that parcel 765-02976-000 be vested in Flintlock Development; LLC (the abutting property owner) as provided by law, subject to existing utility easements as required. We request that this Street Right of Way be abandoned and vacated so that it may be developed along with the adjacent parcels into compact single family homes. The site will be developed in accordance with the city's 2030 Master Planning Goals of making infill and revitalization the highest priority, making traditional town form the standard, and creating opportunities for attainable housing. Dated April 18, 2016 Allison Quinlan Flintlock Development LLC Managing Member PETITION TO VACATE A RIGHT OF WAYLOCATED IN PART OF LOT 10, BLOCK 2 IN BOLES ADDITION TO 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 right of way hereinafter sought to be abandoned and vacated, lying in part of Lot 10, Block 2 in Boles Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right of way which is described as follows: Beginning at the South East corner of said lot as shown by the recorded plat of said addition, and running thence North to a point which is three (3) feet South of the North line of said Lot 10; thence East to the East line of said lot; thence Southwesterly with the East line of said lot to the place of beginning. That the abutting real estate affected by said abandonment of the right of way are: E12 LOT 9, N 2 FT E12 LOT 10, BLOCK 2 (765-02974-000) and PT LOT 10 BLOCK 2 7312291381501351179 (765-02977-000) of the 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 right- of-way. 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 22 day of March, 2016 Allison Thurmond Quinla n Printed Name Sig atur�: Printed Name Signature UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3/23/2016 UTILITY COMPANY: Ozarks APPLICANT NAME: Allison Thurmond Quinlan APPLICANT PHONE: 479-305-4807 REQUESTED VACATION (applicant must check all that apply): - 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 City -owned parcel no. 765-02976-000, located on E. South Street in south Fayetteville at the intersection ofE. South Street, Mill Ave. and Huntsville Road ® (ATTACH legal description and graphic representation of what is being vacated -SURREY) UTILITY COMPANY COMMENTS: VNo objections to the vacation(s) described above,. and no comments. - 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: Ly� Signature oTUtility Company Representative Staking Tech. III Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 03/24/2016 UTILITY COMPANY: AT&T APPLICANT NAME: Allison Thurmond Quinlan APPLICANT PHONE: 479-305-4807 REQUESTED VACATION (applicant must check all that apply): 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-ivay), described as follows: General location / Address City -owned parcel no. 765-02976-000, located on E. South Street in south Fayetteville at the intersection of E. South Street, Mill Ave, and Huntsville Road ® (ATTACH legal description aril graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: X No objections to the vacation(s) described above, and no comments. 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: Ni � iMfire of Ctility Company Representative MGR OSP Ping & Engrg Design Title Oec ember '1114 PaKe 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENTVACATIONS DATE: 4/5/2016 UTILITY COMPANY: Cox Communications APPLICANT NAME: Allison Thurmond Quinlan APPLICANT PHONE: 479-305-4807 REQUESTED VACATION (applicant nut.vt rireck all that apply): 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 ofthe petition to vacate the following (alley, easement, right-uf wrrv), described as follows: General location / Address City -owned parcel no. 765-02976-000, located on E. South Street in south Fayetteville at the intersection of E. South Street, Mill Ave, and Huntsville Road KI (ATTACH legal description and graphic representation of 11,11at is being vacated SURVEY) UTILITY COMPANY COMMENTS: I- No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (Stale the location, dimensions, and purpose helow.) K No objections provided (lie followin--g conditions are met: Any damage to or relocations of our existing facilities will he at the ownersMizvelol2ers expense. Sigdaiture of Utility Company Representalive Construction and Planning Manager, _.. ... Title Dereenber 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE; UTILITY COMPANY: ' o , ` � APPLICANT NAME: Allison Thurmond Quinlan APPLICANT PHONE: 479-305-4807 REQUESTED VACATION (applicant must check all that apply): Utility Easement Gd Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. 0 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 City -owned parcel no. 765-02976-000, located on E. South Street in south Fayetteville at the intersection of E. South Street, Mill Ave, and Huntsville Road (ATTACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) t 1 No objections provided the following conditions are met: ,nature ol`ity Company Representative /I��'!�� �/!/�"••"L" I"'�:�jli.,�tr,jf'� .r,;.-. ,.f'�:1"rJ.,� %j"f:;>=1�✓f�'✓'- Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Q UTILITY COMPANY: G/7y doe A E C4 -4,O 04•16, APPLICANT NAME: Allison Thurmond Quinlan APPLICANT PHONE: 479-305-4807 REQUESTED VACATION (applicant must check all that apply): ❑ Utility Easement Cal 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 City -owned parcel no. 765-02976-000, located on E. South Street in south Fayetteville at the intersection of E. South Street, Mill Ave, and Huntsville Road ® (ATTACH legal description and graphic representation of what is being vacated-SURVE29 UTILITY COMPANY COMMENTS: -�� No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) -i No objections provided the following conditions are met: Signature (.' Ulility Com v Representative W t g O_A%4fn"Ws 1441Gam. Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- NAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: � 2 _-)- r 16 UTILITY COMPANY; 0C..1g/--k-S l ��il l� �� co — d f APPLICANT NAME: Allison Thurmond Quinlan APPLICANT PHONE: 479-3054807 REQUESTED VACATION (applicant must check all that apply): Utility Easement N 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 ofthe petition to vacate the following (alley, easement, right-of-rvay), described as follows: General location I Address City -owned parcel no. 765-02976-000, located on E. South Street in south Fayetteville at the intersection of E. South Street, Mill Ave, and Huntsville Road to (ATT'ACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: xNo objections to the vacation(s) described above, and no comments. 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 Camp y epresemative Title December 2014 Page 5 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 04/08/2016 UTILITY COMPANY: Black Hills Energy APPLICANT NAME: Allison Thurmond Quinlan .APPLICANT PHONE: 479-305-4807 REQUESTED VACATION (applicant must check all that apply): Utility Easement _9 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way 1 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 City -owned parcel no. 765-02976-000, located on E. South Street in south Fayetteville at the intersection of E. South Street, Mill Ave, and Huntsville Road .Q (A7TACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS No objections to the vacation(s) described above, and no comments. Ix No 'objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below ) A UE to remain whereas the existing gas line is the center line of said UE No objections provided the following conditions are met. .� Signature of Utility Company Representative / rltI December 2014 Page 5 RIGHT-OF-WAY VACATIONEXH.J.H.I.J. 10 7— 'i"'W 11 1,1fl IASI iC3 uli �0,,W fl NO', if ,01 '0 0. N I W'4 ------------------------------ ----------- LXISTING HOUSL PARCEL #765-02974-000 PARCEL #765-02976-000 2052.5 Sq. Feet ---\ o.05 ACRES +/- PARCEL #765-02976-000 N \z/, ;!e ol 30' 60' 90' —1 W !f I i-; R', ( I I DR4 NoRTHWESTARKANsAs Democrat *,,lazette T'.' . Y" fEV1,..F,AP" )2,4 . Jl t(, '-M: 3.,ll1 s tfi44:^ t..aC.,t... ' 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 County 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. No. 5887 Was inserted in the Regular Edition on: June 30, 2016 Publication Charges $ 98.80 009L Cathy Wiles Subscribed and sworn to before me This3b day of,)VV—, 2016. A, kbtn no"" Notary Publ c My Commission Expires: 71Z-IZ '- ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 LMy Commission Expires Jul 2, 2025 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5887 File Number: 2016-0280 VAC 16-5424 (NW CORNER OF MILL AVE. & SOUTH ST./THURMOND- QUINLAN): AN ORDINANCE TO APPROVE VAC 16- 5424 SUBMITTED BY ALLISON THURMOND-QUINLAN FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MILL AVENUE AND SOUTH STREET TO VACATE 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 street 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 portions of street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Section 3. This vacation approval is subject to the following conditions: 1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. 2. A utility easement shall remain where the existing gas line is the center line of the utility easement. PASSED and APPROVED on 6/21/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73755101 June 30, 2016 RECEIVED JUN 3 0 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE