HomeMy WebLinkAboutORDINANCE 6132113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6132
File Number: 2018-0700
VAC 18-6433 (839 N. GREGG AVEJDAVIS):
Doc ID: 018383340004 Type: REL
Kind: ORDINANCE
Recorded: 01/08/2019 at 03:30:46 PM
Fee Amt: $30.00 Pape 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File 0 1 9-00000 / 1 2
AN ORDINANCE TO APPROVE VAC 18-6433 FOR PROPERTY LOCATED AT 839 NORTH GREGG
AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT
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 utility 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 portion of a
utility 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 condition that any relocation of or damage to existing
utilities or existing facilities shall be at the owner/developer's expense.
PASSED and APPROVED on 12/18/2018
Page 1 Printed on 12120118
Ordinance 6132
File Number: 2018-0700
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 12120118
VAC18-6433 DAMS 18-6433
Close Up view EXHIBIT 'A'
Subject Property
RNIF-2-f
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PROSPECT ST
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3: FNORTH
Legend RSF-4
- - RMF -24
- - : Planning Area RMF -40
— — —� Feet 1-1 Heavy Commercial and Light Industrial
1 - - -Fayetteville City Limits P-1
Shared Use Paved Trail 0 35 70 140 210 280
Building Footprint 1 inch = 100 feet
18-6433
EXHIBIT "B"
LEGAL DESCRIPTION: UTILITY EASEMENT VACATION
A part of an easement that is along the north line of Lot 6, Block 2 of Mitchell's Addition
in Fayetteville, Arkansas, said Addition recorded in the office of the Circuit Clerk and
Ex -Officio Recorder of Washington County, Arkansas, and being described as follows:
Beginning at the NW Corner of said Lot 6, Block 2, thence NO2033'32"E 6.00 feet,
thence S87°00'11"E 150.00 feet, thence S02033'32"W 6.00 feet, thence N87000'11"W
150.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet or 0.0207
acres more or less.
Washington County, AR
I Certify this instrument was filed on
01!0812019 0330:46 PM
and recorded in Real Estate
File Number 2019-.000712
�j e
Kyle Sylvester - Cr—
by
c.
City of Fayetteville, Arkansas
I
1
Text File
-- File Number: 2018-0700
Agenda Date: 12/18/2018 Version: 1
In Control: City Council Meeting
Agenda Number: D. 10
VAC 18-6433 (839 N. GREGG AVE./DAVIS):
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Passed
File Type: Ordinance
AN ORDINANCE TO APPROVE VAC 18-6433 FOR PROPERTY LOCATED AT 839 NORTH
GREGG AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT
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 utility 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 portion of a utility
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 condition that any relocation of or damage to existing
utilities or existing facilities shall be at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 1211912018
City of Fayetteville Staff Review Form
2018-0700
Legistar File ID
12/18/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 11/30/2018 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 18-6433: Vacation (839 N. GREGG AVE./DAVIS, 444): Submitted by ANDY DAVIS for property located at 839 N.
GREGG AVE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains
approximately 0.41 acres. The request is to vacate a portion of a utility 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
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 18, 2018
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Garner Stoll, Development Services Director
FROM: Harry Davis, Planner
Andrew Garner, City Planning Director
DATE: November 30, 2018
SUBJECT: VAC 18-6433: Vacation (839 N. GREGG AVE./DAVIS, 444): Submitted
by ANDY DAVIS for property located at 839 N. GREGG AVE. The property
is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE
and contains approximately 0.41 acres. The request is to vacate a portion
of a utility easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 18-6433 with the following
conditions of approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
BACKGROUND:
The subject property is west of the intersection of Gregg Avenue and Cleburn Street, is zoned
RMF -24, Residential Multi -family, 24 Units per Acre, and contains 0.41 acres. The site was
previously developed with a single-family home.
Proposal. The applicant proposes to vacate a portion of a utility easement to make room for
development.
DISCUSSION:
At the November 26, 2018 Planning Commission, this item was forwarded as part of the consent
agenda to City Council with a recommendation for approval, with all conditions as recommended
by staff.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
• Exhibit B
• Planning Commission packet
Mailing Address:
113 W. Mountain Street www.fayetteviIle-ar.gov
Fayetteville, AR 72701
VAC18-6433 DAIS 18-6433
Close Up View EXHIBIT 'A'
I Subject Property
PROSPECT ST
a
z
0
U)
J
�: A&
NORTH
Legend RSF-4
... RMF -24
Planning Area RMF40
Feet 1-1 Heavy Commercial and Light Industrial
Fayetteville City Limits P-1
Shared Use Paved Trail 0 35 70 140 210 280
Building Footprint 1 inch = 100 feet
IVII -z'
10
CLEBURN ST
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YY
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0
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PROSPECT ST
a
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�: A&
NORTH
Legend RSF-4
... RMF -24
Planning Area RMF40
Feet 1-1 Heavy Commercial and Light Industrial
Fayetteville City Limits P-1
Shared Use Paved Trail 0 35 70 140 210 280
Building Footprint 1 inch = 100 feet
18-6433
EXHIBIT 'B'
LEGAL DESCRIPTION: UTILITY EASEMENT VACATION
A part of an easement that is along the north line of Lot 6, Block 2 of Mitchell's Addition
in Fayetteville, Arkansas, said Addition recorded in the office of the Circuit Clerk and
Ex -Officio Recorder of Washington County, Arkansas, and being described as follows:
Beginning at the NW Corner of said Lot 6, Block 2, thence NO2033'32"E 6.00 feet,
thence S87000'11"E 150.00 feet, thence S02033'32"W 6.00 feet, thence N87000'11V
150.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet or 0.0207
acres more or less.
V;"
CITY OF
FAYETTEVILLE
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Harry Davis, Planner
November 26, 2018 UPDATED W/ PC RESULTS
SUBJECT: VAC 18-6433: Vacation (839 N. GREGG AVEJDAVIS, 444): Submitted
by ANDY DAVIS for property located at 839 N. GREGG AVE. The property
is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE
and contains approximately 0.41 acres. The request is to vacate a portion
of a utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 18-6433 to City Council with a recommendation for approval
with conditions.
RECOMMENDED MOTION:
"I move to forward VAC 18-6433 to City Council with a recommendation for approval with the
conditions as recommended by staff."
BACKGROUND:
The subject property is west of the intersection of Gregg Avenue and Cleburn Street, is zoned
RMF -24, Residential Multi -family, 24 Units per Acre, and contains 0.41 acres. The site was
previously developed with a single-family home. Surrounding land uses and zoning districts are
in Table 1.
Surrounding
Direction Land Use
North Single-family / Residential
Table 1
Zonina and Land Use
Zoning
RMF -24, Residential Multi -family, 24 Units per
Acre
South Duplex / Residential RMF -24, Residential Multi -family, 24 Units per
Acre
East
West
Single-family Residential
Commercial
RSF-4, Residential Single-family, 4 Units per Acre
1-1, Heavy Commercial and Light Industrial
Proposal: The applicant proposes to vacate a portion of a utility easement to make room for
development.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments, with the following responses:
Utility
Response
Cox Communications
No objections, provided that any damage to
or relocation of existing facilities will be at the
owner/developer's expense.
AEP/SWEPCO
No objections and no comment.
BlackHills Energy AR
No objections and no comment.
AT&T
No objections and no comment.
Ozarks Electric
No objections and no comment.
City of Fayetteville
Response
Water/Sewer
No objections and no comment.
Solid Waste & Recycling
N/A
Transportation
No objections and no comment.
Public Comment: No public comment has
been received as of writing this report.
RECOMMENDATION: Staff recommends forwarding VAC 18-6433 to the City Council with a
recommendation for approval subject to the following conditions:
Conditions of Approval:
1. Any relocation of or damage to
existing utilities or existing facilities shall be at the
owner/developer's expense;
Planning Commission Action: 0 Forwarded O Tabled O Denied
Meeting Date: November 26 2018
Motion to fwd to CC as art of consent agenda
Motion: Belden P 9
Second: Johnson
Motion passes
Vote: 6-0-0
BUDGET/STAFF IMPACT:
None.
G:\ETC\Development Services Review\2018\Development Review\18-6433 VAC 839 N. Gregg Ave
(Davis) 444\
Attachments:
• Petition to Vacate
Request letter
• Vacation Exhibit
• Utility Approvals
• One Mile Map
Close-up Map
• Current Land Use Map
G:\ETC\Development Services Review\2018\Development Review\18-6433 VAC 839 N. Gregg Ave.
(Davis) 444\
PETITION
PETITION TO VACATE A (6f1 portion utility easement) LOCATED IN (lot 6, block 2, Mitchell Subdivision),
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 (oft portion utility easement)
hereinafter sought to be abandoned and vacated, lying in (lot 6, block 2, Mitchell subdivision), City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a (6ft portion utility easement) which is
described as follows:
A part of an easement that is along the north line of Lot 6, Block 2 of Mitchell's Addition
in Fayetteville, Arkansas, said Addition recorded in the office of the Circuit Clerk and
Ex -Officio Recorder of Washington County, Arkansas, and being described as follows:
Beginning at the NW Corner of said Lot 6, Block 2, thence NO2°33'32"E 6.00 feet,
thence S87000'11"E 150.00 feet, thence S02033'32"W 6.00 feet, thence N87°00'11"W
150.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet or 0.0207
acres more or less.
That the abutting real estate affected by said abandonment of the alley are (160-8-9, block 2, Frisco Pt
Edgewood adjacent to Nside of lots) 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 (6ft portion utility 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 this25day of SF r... _ .. 20 19
Printed Name 00A
Signature
Dear Fayetteville Planning Commission and Fayetteville City Council,
839 North Gregg Street
Lot: 120' Wide 150' Deep
We are asking the city to vacate the southern 6' of a 20' (20' runs North to South along Gregg
St) utility easement running east to west at the north part of our lot. Currently there is a water
line, Cox cable and Swepco Powerline.
We plan to build two (2) duplexes on the lot, Zoned RMF24. The 6' would make more room
between the buildings, making it safer in case of fire. We have the documentation enclosed
and would appreciate you working with us. Thank you all for your time.
Sincerely,
Andy Davis
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UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY. AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: AT&T
APPLICANT NAME: _Andy Davis _ APPLICANT PHONE..: (870)367-5252
REQUESTED VACATION (applicant niust check all Mal apP11a
X Utility Easement (6ft Portion)
Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
Alley
Street right -of -WR}'
I have been notified of the petition to vacate the following (6ft portion utility easement), described as follows:
General location: 839 N Gregg
(17TACF1legal description andgraphic representation ofwhnt is being vacated -SURVEY)
A part of Lot 6 in Block 2 of Mitchell's Addition in Fayetteville, Arkansas, as per plat of said
Addition recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas, and being described as follows: Commencing at the NW Corner of said
Lot 6, Block 2, thence S02°33'32"W 14.00 feet to the POINT OF BEGINNING, thence
387000'11 "E 150.00 feet, thence S02033'32"W 6.00 feet, thence N87°00'11 "W 150.00 feet,
thence NO2°33'32"E 6.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet
or 0.0207 acres more or less.
4 ! TILITY 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 arc met:
5ignttturc ofUtility Company Representative
Jeff HamiltonDigitally signed by Jeff Hamilton
Date: 2018.09.25 14:49,35 -05'13W
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY. ALLEY, AND
UTILITY EASEMENT VACATIONS
DA•rE:
UTILITY COMPANY: Black Mills Corp.
APPLICANT NAME: _Andy Davis _ APPI.ICAN'f PHONE: (870)367-5252
RF;QUf;STED VACATION (applicant nnrsl check all that applv):
X Utility Easement (6ft Portion)
Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
Alley
Street tight -of -way
1 have been notified of the petition to vacate the following (lift portion anility easement), described as follows:
General location: 839 N Gregg
r;I J'/:lCY•1 h�tnl destrrlrrin++.i.ul fg•rryrru rr/rrr:rerr►utiurr r+J+rJ+a! Ix hrrrrf+ tiuruted-SL1{! ;�}j
A part of Lot 6 in Block 2 of Mitchell's Addition in Fayetteville, Arkansas, as per plat of said
Addition recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas, and being described as follows: Commencing at the NW Corner of said
Lot 6, Block 2, thence S02"33'32"W 14.00 feet to the POINT OF BEGINNING, thence
S87°00'11 "E 150.00 feet, thence 302'33'32'W 6.00 feet, thence N87000'11 "W 150.00 feet,
thence NO2033'32"E 6.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet
or 0.0207 acres more or less.
IjTlLITY COMPANY COMMENTS.
uNo 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 nre met:
Sigrnahirc of Utility Compwiy Represonlative
W
UTILI"I.1' AI'PROVAI. FORM
[:'OR RIGHT- OF- %VAY. ALLEY. AND
u'rILITY FASENIHN, I' VACATIONS
DA I L:
111'll,f(Y ( UAII'AN)': Cox f_'ommunicalions
APPLIC'AN'T' NAM1_: _Rudy Donis _ AI'I'LICAN I Pl 10NIF: (870)367-5252
REQUIiSfla VACATION rapplic•uur nuns+r check all that uppll r
Utility Easement (6ft Portion)
Richt-of-++:v for allo or sircos mid all nlilil% c:cccmenis located %N-iihin the vacmed right -elf- +va%.
Alley
Street rit!ht-01, +%O\
I ha+e been nolilled ofthe pelition io vncale the lollo+ving (6jt purtion nrilitp eimetnellio, described Its,
G=eneral locution: 839 N Cre(;k
( 1'17: K. 11 legul description (mdgrnplik repr osentuNun of o•hu+ is being rucured-.S( Rl'E)7
A part of Lot 6 in Block 2 of Mitchell's Addition in Fayetteville, Arkansas, as per plat of said
Addition recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas, and being described as follows: Commencing at the NW Corner of said
Lot 6, Block 2, thence S02°33'32"W 14.00 feet to the POINT OF BEGINNING, thence
587°00'11"E 150.00 feet, thence S02°33'32"W 6.00 feet, thence N87°091 Vw 150.00 feet,
thence NO2033'32"E 6.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet
or 0.0207 acres more or less.
111.11 Y (0N1VAN Y CON-11.11?N'1'S:
,4r obiecdons to the %ac:nion(s) descrihed abo e, and no coninieni,.
No oh n;
jectio, to the +acalion(sl dcscribcd iihowe. provided li!Ilo++ing described eayetnent,, are retained
(Suttc the loeatiau, dinlenslon�, and purpose helon,l
X No ohiccNons provided the followine conditions arc ntct-
Any damage to or relocation of an existing Cox Facilities will be at the owners/
developers expense.
�,i,tr,.,uuc Ili /'Milia ( 1nnp,ur) I(. hrr.,ucni+,
Construction & Planning Manager
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY. ALLEY, AND
UTILITY EASEMENT VACATIONS
DAL 09/26/2018
IJTILI'rY COMPANY: Ozarks Electric
APPLICANTNAME: _Andy Davis _ APPLICANT PHONE'•: (870)367-5252
RF: -QUESTED VACATION (applicant must check all that npph)_
X Utility Easement (6ft Portion)
Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
Alley
Street right -o[' -way
1 have been notified of the petition to vacate the following (6Jt portion utility easement), described as rollows:
General location: 839 N Gregg
("IT7:•!C'1•I legal (lescrijNirrr: oirrlgrnphic reptr,wmation q what is being vacated-SL'RI'E))
A part of Lot 6 in t310ck 2 of Mitchell's Addition in Fayetteville, Arkansas, as per plat of said
Addition recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas, and being described as follows: Commencing at the NW Corner of said
Lot 6, Block 2, thence S02033'32"W 14.00 feet to the POINT OF BEGINNING, thence
S87°00'11 "E 150.00 feet, thence S02033'32"W 6.00 feet, thence N87°00'11 "W 150.00 feet,
thence NO2033'32"E 6.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet
or 0.0207 acres more or less.
l.1r11JTY COMPANY COMMENTS:
JNo 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 follo,�ving conditions are met:
Si,n;uurc u;' I.'tHih, Company Representative
Wesley MakafferJ
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY. AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY. AEP/SWEPCO
I
i
APPLICANT NAME: _Andy Davis _APJ'LICANI'1'11Ci�'l: (870)367-5252
REQI JIiSTED VACA'r10N (applic'ani nium check all that appl)-l:
Utility Easement Oft Portiou)
Right-of-way for alley or streets and all utility easements located within the "t6ed right- of- way_
Alley l
'street right-ol'-way
I have been notified of the petition to vacate the following (6ffpodion utility easement), described as follows:
General location: 839 N Gregg
iA7"1:1CH Jegai description and graphic represvatlation oftvhat is being racaled SURI'E))
A part of Lot 6 in Block 2 of Mitchell's Addition in Fayetteville, Arkansas, as per plat of said
Addition recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas, and being described as follows: Commencing at the NW Corner of said
Lot 6, Block 2, thence S02033'32"W 14-00 feet to the POINT OF BEGINNING, thence
S87°00'11 "E 150.00 feet, thence S02°33'32"W 6.00 feet, thence N87°00'1 VW 150.00 feet,
thence NO2033'32"E 6.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet
or 0.0207 acres more or less.
::I'JLI"IY COMPANY COMMENTS:
XNo objections to the vacalion(s) described abm•c. and oo comments.
No ohicoions to the vacation(s) described above, provided following described cusement5 are, retained.
(State the locution. dimensions and purpose helmr.)
\o obicctians provided the JbIlowing conditions are mal:
Siltn:u ri ut i;til;l� i.otnpanyRcpresentutive
� O
�Lov� r�" `J EPC �rsi�r6urr� �vG/i�CG`/Z
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
U'rit,rrY EASEME,N-r VACA PIONS
DATE:
UTILITY COMPANY: City of Fayetteville Transportation
APPLICANTNAMFi: -_Andy Davis _APPLICANTPHONE: (870)367-5252
REQUESTED VACATION (applicant must check q11 thal apply):
X Utility Easement (6ft Portion)
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 (6ft portion alilfly easement), described as follows:
General location. 839 N Gregg
(-1 MiC1l legal description apd graphic representation of what is being vacated -SURF FY)
A part of Lot 6 in Block 2 of Mitchell's Addition in Fayetteville, Arkansas, as per plat of said
Addition recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas, and being described as follows: Commencing at the NW Corner of said
Lot 6, Block 2, thence S02°33'32"W 14.00 feet to the POINT OF BEGINNING, thence
S8700011"E 150.00 feet, thence S02°33'32"W 6.00 feet, thence N87°00'1 Vw 150.00 feet,
thence NO2033'32"E 6.00 feet to the POINT OF BEGINNING: Containing 900.00 square feet
or 0.0207 acres more or less.
I I m,rrY 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 arc met:
Signature otUtility Company Representative
t
UTIUrY APPROVAL FORM
I.OR RICiFI'I'- OF- WAY. ALLEY. AND
t'TILITY EASEMENT VAC\ 177 1S
DATE:
UTILITY COMPANY, City of Fayetteville Water and Sewer
APPLICANT NAME: _AndvDavis _APPLICANTPFIONL: (870)367-5252
REQUESTED VACATION (applicant must eheck all /hot apph9:
x Utility Easement (6ft Portion)
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street richt-or-wa�
I have been notified of the petition to vacate the following (6ft portion Wility easement), described as follows:
General location: 839 N Gregg
Cit? P ;,r_,) •r;: d:r, rnrnrinr. • f x;Hxr at'rrn_•vacated-Sf.+RI'EY!
A part of Lot 6 in Siock 2 of s♦,iitchell's Addition In Fayetteville, Arkansas, as per plat of said
Addition recorded in the office of the Circuit Clerk and Ex -:Officio Recorder of Washington
County, Arkansas, and being described as follows: Commencing at the NW Corner of said
Lot 6, Block- 2, thence S02°33'3Z W 14.00 feet to the POI NT OF BEGINNING, thence
S87'00'11 "E 150-00 feet, thence SOV33'32"W 6.00 feet. thence N87.00-11 "VV 150.1]0 feet,
thence NO2°33'32.''E 6.00 feetto the POINT OF BEGINNING: Containing 900.00 square feet
or 0.0207 acres more or fess.
Il'ra, Ty COMPANY COMMENTS:
�3�-=71' n4:cttit r • = a;e :jcj1 ,;1A .ic+criFt:d .ino-,:. and no cummcnt�
No ohimitionc to thu vacation(s) described above, provided rollowing described casements are retained.
(Shoe the location. dimensions, and purpose below.)
No objections provided the following conditions are met:
Signature of Ctility Company Representative
VAC18-6433
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NORTHWEST ARKANSAS
Democratrm,Oazette
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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. 6132
Was inserted in the Regular Edition on:
January 3, 2019
Publication Charges: $ 84.50
Cathy Staggs () "'W
Subscribed and sworn to before me
This �+ day of �p, 2019.
Notary Public
My Commission Expires:
G'UT IY'W!!.;'
Ar1;ansas - {i811(i_f1 County
NoialitPuLiIic•CorviFna.' 1239x'i1118
Ely Commission `=xnirrs IF21) 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6132
File Number: 2018-0700
VAC 18-6433 (839 N GREGG AVE,/DAVIS):
AN ORDINANCE TO APPROVE VAC 18-
6433 FOR PROPERTY LOCATED AT 839
NORTH GREGG AVENUE TO VACATE A
PORTION OF A UTILITY EASEMENT
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 ora utility
casement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: Thal the City Council of the City of
Fayetteville, Arkansas hereby vacates a portion
of a utility casement 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 condition that any relocation of or damage to
existing utilities or existing facilities shall be at
the owner/developers expense.
PASSED and APPROVED on 12/18/2018
Approved:
Lioncld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74797565 Jan. 3, 2019