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Home My WebLink AboutORDINANCE 5965113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5965 File Number: 2017-0187 VAC 17-5749 (495 W. PRAIRIE ST./INFILL GROUP): II II IIII III I II I I III II II I I I I II II II I I II Doc ID: 017493580004 Type: REL Kind: ORDINANCE Recorded: 06/15/2017 at 02:22:50 PM Fee Amt: $30.00 Paqe 1 of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File2017-00018075 AN ORDINANCE TO APPROVE VAC 17-5749 FOR PROPERTY LOCATED AT 423 WEST PRAIRIE STREET TO VACATE A PORTION OF A DRAINAGE EASEMENT CONTAINING APPROXIMATELY 40 SQUARE FEET 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 a drainage 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 a drainage easement 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 condition: 1. Any relocation or damage to utilities of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 4/18/2017 Page 1 Printed on 4119117 Ordinance: 5965 File Number 2017-0187 Page 2 Attest: Sondra E. Smith, City Clerk Treasurer Printed on 4119117 VAC 17-5749 Close Up View I-1 P-1 Wo Legend Planning Area ' Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint INFILL GROUP Exhibit 'A' Subject Property Feet 0 35 70 140 210 280 1 inch = 100 feet PRAIRIE ST I ST i A& NORTH 1-1 Heavy Commercial and Light Industrial Residential -Office Main Street Center ® Downtown General P-1 � k . Exhibit '& RE: Legal Description for a portion of an existing drainage easement to be vacated south of West Prairie Street A PORTION OF AN EXISTING DRAINAGE EASEMENT RECORDED IN PLAT BOOK 23A AT PAGE 313, BEING LOCATED IN A PART OF LOT 22 OF BLOCK 14 IN FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT BEGINNING AT A POINT WHICH IS N87020'34"W 88.39' AND S80°50'23"W 48.83' FROM THE NORTHEAST CORNER OF SAID LOT 22 AND RUNNING THENCE S80°50'23"W 9.00', THENCE N83°58'57"W 31.45', THENCE S87°20'34"E 40.21'T0 THE POINT OF BEGINNING, CONTAINING 37.06 SQUARE FEET, MORE OR LESS.THE CITY OF GOSH Washington County, AR I certify this instrument was filed on ()6J1512017 '02.22-.50 PMtate and recorded i Est File Number 01 0180 Sylvest r - i ler Kyle Sy } by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville. AR 72701 i tet' F, (479) 575-8323 : Text File File Number: 2017-0187 Agenda Date: 4/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 VAC 17-5749 (495 W. PRAIRIE ST./INFILL GROUP): AN ORDINANCE TO APPROVE VAC 17-5749 FOR PROPERTY LOCATED AT 423 WEST PRAIRIE STREET TO VACATE A PORTION OF A DRAINAGE EASEMENT CONTAINING APPROXIMATELY 40 SQUARE FEET 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 a drainage 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 a drainage easement 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 condition: 1. Any relocation or damage to utilities of existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 411912017 Andrew Garner Submitted By 6 City of Fayetteville Staff Review Form 2017-0187 Legistar File ID 4/18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/31/2017 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: VAC 17-5749: Vacation (495 W. PRAIRIE ST./INFILL GROUP, 523): Submitted by INFILL GROUP, INC. for property located at 495 W. PRAIRIE ST. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.21 acres. The request is to vacate a portion of a drainage easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF FayTIle NSAS MEETING OF APRIL 18, 2017 TO: Mayor and City Council FROM: Andrew Garner, Planning Director DATE: March 31, 2017 CITY COUNCIL AGENDA MEMO SUBJECT: VAC 17-5749: Vacation (495 W. PRAIRIE STANFILL GROUP, 523): Submitted by INFILL GROUP LLC for property located at 423 W PRAIRIE STREET. The subject area is a DRAINAGE EASEMENT, and the request is to vacate a portion of the easement containing approximately 40 sq. ft. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 17-5749 with the following condition of approval: 1. Any relocation or damage to utilities of existing facilities shall be at the owner/developer's expense BACKGROUND: - The property is located at 423 W. Prairie Street. The property is currently zoned as MSC, Main Street Center and contains approximately 9,100 square feet. Proposal: The applicant proposes vacation of a portion of a drainage easement as depicted in Exhibit 'A' -and described in Exhibit 'B' (comprising 40 square feet). The applicant's stated intent is to construct a building in the easement area. - DISCUSSION: On March 27, 2017 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0. BUDGETISTAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B • Application • Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 NIS( Legend 1 ' Planning Area ' Fayetteville City Limits Feet Shared Use Paved Trail Trail (Proposed) 0 35 70 140 210 280 Building Footprint 1 inch = 100 feet PRAIRIE ST 5TH ST I A& NORTH 1-1 Heavy Commercial and Light Industrial Residential -Office Main Street Center i Downtown General P-1 Exhibit'B' RE: Legal Description for a portion of an existing drainage easement to be vacated south of West Prairie Street A PORTION OF AN EXISTING DRAINAGE EASEMENT RECORDED IN PLAT BOOK 23A AT PAGE 313, BEING LOCATED IN A PART OF LOT 22 OF BLOCK 14 IN FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT BEGINNING AT A POINT WHICH IS N87°20'34"W 88.39' AND S80°50'23"W 48.83' FROM THE NORTHEAST CORNER OF SAID LOT 22 AND RUNNING THENCE S80°50'23"W 9.00', THENCE N83°58'57"W 31.45', THENCE S87°20'34"E 40.21' TO THE POINT OF BEGINNING, CONTAINING 37.06 SQUARE FEET, MORE OR LESS.THE CITY OF GOSH 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 placed 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): Representative (engineer, surveyor, realtor, etc.): Name: lblatthgy Pettit+ Infill Group LLC Address: 100 W. Center St.. STE 202 Fayetteville, Ark. 72701 Phone:( 479 ) 595-8703 Email: Name: Address: Phone: ( ) Email: Fax: ( ) Fax: Site Address / Location: 495 W. Prairie St. Legal description of area to be vacated (attach separate sheet if necessary): Atacheti. Current Zoning District: MSC Assessors Parcel Number(s) for subject property: _7&9-05508-000 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: _ World QoMin„tion T.T,C Infill Group 11 C January 2017 Page 1 APPLIC,4NT/REPRI?SE'V7—fITIVE: l acidify under penalty of perjury 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. l understand that submittal of incorrect or false information is grounds lbr invalidation ol'appiication completeness. determination. or approval. 1 understand that the City might not approve what 1 ant applying foe, or might set conditions bn approval. Name(printed): t'6'JaIdJ,,1= pet1W Date: PROPERTY OCb4' hR(S) /AVTHORIZED Af,?!iNT: I/We certify under penalty of perjury that 1 anu'we are the owner(s) of the property that is the suhject of this application and that I/we have read this application and consent to its filing. (II.S`f alost hI, tile! ow1wrlxcd areena, ra l ollBj frra►n ertth nrnrierh nwnumu,sl 6e nrovldnrl I►rrllcarinLY ►hnr theagent is rrnlhorlra d in art on'NsIlr r behol Owners (attach radrliNunal infer if necessrartJ: Name rimed): Joseph Utsch Signature: Date: 2/3/2017 Name (printed): Signature: Date: Address: 945 East Elm Street Fayetteville AR, 72703 Phone: ( 479) 966-6857 Address: Phone: ( 1 Vacation Checklist: Allach the ;: l/rnri t Hears io this crpplic.twon; i I ) Pavment in bell 0f:1ppiiCable fees for processing the application: $200.00 application ice $5.00 public notification sigh fee (2) Metes and bounds legal description ofthe area to be vacated, not the entire property (this niay be included qn the surrey plat), (�) Sun-ey of the site d_picting the perimeter property lines and area within the property to be VacidLd, (4) CD containing a copy of the legal description in MS Word and PDF copies of'the signed application and all o.her items Submitted with this project. ( S) A surveyor should'suAc the area on the site to be vacated I'or utility company review on their site visit. (6) A later addressed to the Planning Commission and City Council describing the scope, nature. and intent ol`the request. ( 7) Abstractor's Certi ieate of Ownership staling names of all owners of'property adjacent to the street right-of=seay, alley, or casement to be vacated (this document is obtained from a title company). (S) A cope of the county parcel map from the Washington County Assessor's office or from the 1>'a0ington County cvelasite (yv vty.ctr.+rx�shins�ltxn.ur.us). The snhiect propert' and all adjacent parcels should be idenlilied on this parcel map. The owner's name, official mailing address, and the parcel number fir every adjacent property shall be shown on this map. Page 2 4P (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 jh54300a att.com Chad Hodge Cox Communications 365-2402 Chad.Hodge@cox.com John Le AEP/SWEPCO 973-2426 ttle(caep.com Scott Stokes Black Hills Corp. 435-0229 Scott.Stokes(Q blackhillscorp.com Wes Mahaffey Ozarks Electric 684-4649 wmahaffeyoozarksecc.com Or Mike Phipps 684-4696 mphippsnozarksece.com City Divisions: Mark Rogers Water and Sewer 575-8392 mrogers cr fayetteville-ar.gov Maury Nelson Solid Waste 575-8397 mnelson(c�fa),etteville-ar.gov Terry Gulley Transportation 444-3491 tgulley�ifayetteville-ar.gov *Solid Waste & Transportation sign off is -required only when a ROW, Alley, or Drainage Easement Vacation is being requested. January 2017 Page 3 CITY OF Fay7a ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Harry Davis, Planner March 27, 2017 UPDATED with reedits SUBJECT: VAC 17-5749: Vacation (423 W. PRAIRIE STANFILL GROUP, 524): Submitted by INFILL GROUP LLC for property located at 423 W PRAIRIE STREET. The subject area is a DRAINAGE EASEMENT, -and the request is to vacate a portion of the easement containing approximately 40 sq. ft. RECOMMENDATION: Staff recommends forwarding VAC 17-5749 with conditions of approval. BACKGROUND: The property is located at 423 W. Prairie Street. The property is currently zoned as MSC, Main Street Center and contains approximately 9,100 square feet. The surrounding zoning and land uses are depicted in Table 1. Table 1 - Surrounding Zoninq and Land Use Direction from Site Land Use Zoning North Residential DG, Downtown General South Mill District/Commercial MSC, Main Street Center East Mill District/Commercial MSC, Main Street Center West Mill District/Commercial MSC, Main Street Center Proposal: The applicant proposes vacation of a portion of a drainage easement as described above and depicted in an exhibit provided by the applicant (comprising 40 square feet). The applicant's stated intent is to construct a building in the easement area. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, with the following responses: City of Fayetteville Water/Sewer Transportation Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 Response No objections No objections www.fayetteville-ar.gov Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 17-5749 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. PLANNING COMMISSION ACTION: Required YES Date: March 27, 2017 O Tabled )WForwarded O Denied Motion: Hoffman Second: Selby Vote: $=o -o BUDGET/STAFF IMPACT: None. Attachments: - ■ Request Letter • Petition to Vacate • City Department Approvals ■ 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 Matthew Petty Infill Group LLC 100 W Center St, STE 202 Fayetteville, Arkansas 72701 Planning Commission and City Council City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 To whom it may concern: This letter describes the scope, nature, and intent of the application to vacate a portion of a drainage easement at 423 W. Prairie Street. We propose to construct one mixed-use building on approximately 0.21 acres. The intent is to offer a market -rate infill product in response to extraordinary demand for walkable housing near Downtown Fayetteville, furthering the revitalization of the city's Mill District. The units will be marketed to an age- and income- diverse demographic. We are requesting this vacation to ensure that our bays do not encroach in anV easements. We are grateful for the opportunity to meet Fayetteville's growing housing needs. We believe this project meets the intent of City Plan 2030 and we are proud to build homes within the bounds of the Walker Park Neighborhood Master Plan. We respectfully request you give this proposal its due consideration. Sinc rely, M hew Petty I nfi I Group LLC Petition to placate a Drainage Easement Complementary application to SSIP application for 495 W. Prairie St. TO: The Fayetteville City Planning Commission and City Council We, the undersigned, representing the owners of the real estate abutting easement hereinafter sought to be abandoned and vacated, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A PORTION OF AN EXISTING DRAINAGE EASEMENT RECORDED IN PLAT BOOK 23A AT PAGE 313, BEING LOCATED IN A PART OF LOT 22 OF BLOCK 14 IN FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT BEGINNING AT A POINT WHICH IS N87°20'34"W 88.39' AND S80050'23"W 48.83' FROM THE NORTHEAST CORNER OF SAID LOT 22 AND RUNNING THENCE S80050'23"W 9.00', THENCE N83058'57"W 31.45', THENCE S87020'34"E 40.21' TO THE POINT OF BEGINNING, CONTAINING 37.06 SQUARE FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the alley are LOT 22 OF BLOCK 14 IN FERGUSION'S ADDITION 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 alley and rights-of-way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing 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 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. UTILI'T'Y APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: / OI //-- ��/ /� UTILITY COMPANY: �/ r"Y' DF FofYe rr ✓ j !' 'I "6 �'AT1r-5 T-kJFPE APPLICANT NAME: Infill Group LLC APPLICANT PHONE: - X179 595-8703 REQUESTED VACATION (applicant must check all that apply): xUtility Easement (Drainage only) 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-nf--wqy), described as follows: General location / Address 495 W. Prairie St. ty (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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.) No objections provided the following conditions are met: Silmatu a of Utility(` m any Representative t Title Jauuarp2017 Page 5 UTILITY APPROVAL FORK[ FOR RIGHT- OI'- WAY, ALLEY", AND UTILITY EASEMENT VACATIONS DATE: U"C'ILC"1'Y COMPANY: t_ ; , t/ V f APPLICANT NAME: Infill Group LLC, APPLICANT PHONE: 479.-595-87.03 REQUESTED VACATION (applicant must check all thin apply): x Utility Easement (Drainage only) Right-of-way for alley or streets and all utility easements located within the vacated right- of way. Alley Street right-of-way have been notified of the petition to vacate the following (alley, easemew, ?-igh1-qf-iray), described as follows: General location / Address 495 W. Prairie St. !.. (ATTACH legal (Lveriptlon and graphic representation of what is Being vacated -SURVEY) 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.) No objections provided the following conditions are met: Signature of Util t t Company Representativf Title Jarnrary 1017 Page 5 7Z W [ 210.1 A--zgA ns v-L-7v SNOAkJ3.1AAS • s'd11,lvloN IIIAID 1/� Yt'1Y,iNC�M,'15J0'!r: f�C C:1J091 31V0 S' I V IDOSS[V N NRS'la RDXOr I V ! are 'a.1 xyvryQ ,Y 73Y]Ll,p aiSM]M 711V .pA+,r 7x1i rl%L-0—k Iluu �Jtrti L ,lL�-1L � II ;' n _ � m o L: q Il:i -rr �3 rr r „ x u rl rr • w oI o= - ,1— I I- I ¢ LJ a _ AJC JL,. ..J �• FI 4 J II 11 rl o o ? i 1Y11IL rr : asr tn L hill 9 n3 I � 1 I� w •� - m it _ dlI j ■ r_ _ N he=o �_w h� VAC 17-5749 One Mile View 1.2 INFILL GROUP NORTH 0 0.125 0.25 0.5 Miles go �tsc. 's III + a �M Subject Property Legend E E Planning Area '777 Fayetteville City Limits • •. • °• Shared Use Paved Trail ,Ee€a u Trail (Proposed) Building Footprint J lmwn9 EXTRACTION RESIDENI'U4L SI ROLE FAMILY l E i —-ngrkuiiwai COMMERCIAL Re, 12 SF -z R C3 • RSF.1 FORM BASED DISTRICTS RSF;e eU .oa� r�la „��e eral � RESIDENTIAL MULTI -FAMILY El ®R'x�6aeAm iT o n miry l�Dmvry 1%com n�v services RMF tx r op Services Ne r 11 RUF xa RLANNE02ONING DISTRICTS Planning Area �"F ° Omer a M ura Reaae INDUSTRIAL INSTITUTIONAL Fayetteville City Limits + Reams omm oa a aN", �e a fY �x cene<al makwai VAC 17-5749 INFILL GROUP Close Up View Legend ' ' Planning Area I zzzl Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint rIs(-' Feet 0 35 70 140 210 280 1 inch = 100 feet 0 0 W 5TH ST I NORTH 1-1 Heavy Commercial and Light industriai Residential -Office Main Street Center Downtown General F-1 Subject Property Legend ' ' Planning Area I zzzl Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint rIs(-' Feet 0 35 70 140 210 280 1 inch = 100 feet 0 0 W 5TH ST I NORTH 1-1 Heavy Commercial and Light industriai Residential -Office Main Street Center Downtown General F-1 Subscribed and sworn to before me This f day of. /11151 2017. Notary Public _.1/ My Commission Expires: 7*_/Z4Q_4_ 6 UT! IV VVLUES "o 12397118 E"'r— Feb 20 20211 ka 't, W,11 11�1,,,,I **NOTE** Please do not pay f rom Affidavit. Invoice will be sent. RECEIVED NORTHWEST ARKANSAS MAY 11 2n17 Ordinance: 5965 Democrat oneW un CITY OF FAYETT '� her: 2017-0187 -k 7-5749 (495 W. PRAIRIE 01 CITY CLERKS ST./ FILL GROUP): ST. AN ORDINANCE TO APPROVE VAC -1 17-5749 FOR PROPERTY LOCATED AT T 7 V 4–C-44" ',"N AX—9695-I'le 423 WEST PRAIRIE STREET TO VACATE A PORTION OF A DRAINAGE EASEMENT CONTAINING APPROXIMATELY 40 SQUARE FEET AFFIDAVIT OF PUBLICATION WHEREAS, the City Council has the authority tinder A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate I Karen Caler, do solemnly swear that I am the Legal Clerk of the purposes; and WHEREAS, the City Council has Northwest Arkansas Democrat -Gazette, printed and published in determined that the following described Washington County and Benton County, Arkansas, and of bona fide portion of drainage easement is not required for corporate purposes. circulation, that from my own personal knowledge and reference NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY to the files of said publication, the advertisement of: OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a CITY OF FAYETTEVILLE drainage easement as described in Exhibit B attached to the Planning Department's Ord 5965 memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the Was inserted in the Regular Edition on: map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. April27, 2017 Section 3. This vacation approval is subject to the following condition: 1. Any relocation or damage to utilities of Publication Charges: $ 89.70 existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 4/18/2017 Approved: Lioneld Jordan, Mayor Attest: cj_�C� Sondra E. Smith, City Clerk Treasurer Karen Caler 74112065 April 27, 2017 Subscribed and sworn to before me This f day of. /11151 2017. Notary Public _.1/ My Commission Expires: 7*_/Z4Q_4_ 6 UT! IV VVLUES "o 12397118 E"'r— Feb 20 20211 ka 't, W,11 11�1,,,,I **NOTE** Please do not pay f rom Affidavit. Invoice will be sent.