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Home My WebLink AboutORDINANCE 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 ■�'`t`��"�sf TR iE� f%, FAYETTEVILL V";- f+lr eft �t1f31 ll��t Page 2 Printed on 12120118 VAC18-6433 DAMS 18-6433 Close Up view EXHIBIT 'A' Subject Property RNIF-2-f z -t CLEBURN ST n C M W 1 Q 0 RSF-4 W W U' i i i PROSPECT ST w Q z O to J 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 -n U) 0 kl t w YY a 0 UJ a 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 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 l 0133115 W 0 a� 35 zi y / � _1352 Zln LLE W ;.s ZQ LO g Ln b - - - @ •". �ci;s.��g Nsll -1344- OIn r-- C ES 75 OfEp Lu__--—----zKl—— � / i w /' I •��' � r� 4'1 S �l PI r �j0� � � • / �� :t1 �I 1 g1 .Od'OZL �..xS=Yt.ZON — — ^— i as` �•y^ S�t e� W sod xa0SIP ne CH3'J31 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 One Mile View I DAVIS 0 0.125 0.25 41, 11-- -24 UJ j a LU � I_I w CS J wOINGTO N Subject Property E, ■.i Legend - L — Planning Area L Fayetteville City Limits Shared Use Paved Trail IJ Trail (Proposed) Design Overlay District Planning Area •--•- _ Building Footprint � - Fayetteville City Limits NORTH 0 5 Miles C-21 LU Q LU a U . NORTH ST EXTRACTION RE SIDENTIAL SINGLE-FAMILY ®moi iRM n.N�n•��r•un,li.i�Iiiir,ii COMMERCIAL MK °- ._ FORM OASED DISTRICTS rs� o�..,,�,�.��• aF. 11 L�7 uiii�i�li�i•........ RESIDENTIAL MULTI -FAMILY >�I.Siiii _i.�..i c.�ii.li rLANNED ZONING DISTRICLI 11111 a. -., _��.�� •i �. � � .-..nn ` INDUSTRIAL ........... .. ^.n Jit bi m..��i INSTITUTIONAL �i a.i VAC18-6433 DAMS Close Up View IM dT' "p • ref°° 6 [ _. "i_ ;. "- Y.;. ;V ..e�' Subject Property ithlF-7ti 14 CLEBURN ST F LU a L'1 R8r4 W C7 PROSPECT ST LU Q z 0 (41i A : NORTH Legend RSF-4 Planning Area z Feet RMF -24 M RMF -40 If _ Fayetteville City Limits 1-1 Heavy Commercial and Light Industrial P-1 - _ Shared Use Paved Trail 0 35 70 140 210 280 1 inch = 100 feet Building Footprint 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