HomeMy WebLinkAboutORDINANCE 6193of FA'ETrF
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9RKANS PS
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6193
File Number: 2019-0316
VAC 19-6634 (EAST OF 902 S. SCHOOL AVE./STEVENS):
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Doc ID: 018653600004 Type. REL
Kind: ORDINANCE
Recorded: 06/24/2019 at 02:57:59 PM
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk (�
File20 i 19-000 1 rkV 2T/� V
AN ORDINANCE TO APPROVE VAC 19-6634 FOR PROPERTY LOCATED EAST OF 902 SOUTH
SCHOOL AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of a water and sewer
easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
F,$YETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a
water and sewer 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 6/4/2019
Page 1 Printed on 615119
File Number 2019-0316
Ordinance 6193
Attest:
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�RK / T/�F�,���
Sondra E. Smith, City Clerk Tijkirer •�
FAYETTEVILLE.'=
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Page 2 Printed on 615119
VAC 19-6634
A,
STEVENS
19-6634
dose Up view
EXHIBIT 'A'
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Subject Property
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Planning Area
M RMF -24
t t Fayetteville City Limits
1-1 Heavy Commercial and Light Industrial
M Downtown General
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Feet
= Community Services
Shared Use Paved Trail
= Neighborhood Conservation
Trail (Proposed)
0 75 150
300 450
600
�P-1
Building Footprint
1
inch = 200 feet
19-6634
EXHIBIT 'B'
Legal description
All that part of Block Number (6) in revised plat of Blocks 5&6 Ferguson's Addition to the city of
Fayetteville, Washington County, Arkansas, per Plat Book 4, Page 222 as recorded with the Circuit Clerk
of Washington Count'. Arkansas. That portion of the water and sewer easement that was formerly known
as "That portion of the undeveloped 60' right-of-way known as Locust .4 venue being bounded on the
North by the Southerlh, right-of-way of Sixth Street(now known as Ninth Street) and bounded on the .South
by the Northerly right-of-way of Seventh Street (now unnamed and undeveloped). from Fayetteville
ordinance number 5585 dated 512112013. Commencing at the Northwest corner of said block six (6)
thence a distance of"295 feet along the NORTH line of said block six (6) to the POINT OF BEGINNING:
thence continuing along said North line a distance of 60 feet: thence SOUTH a distance of 600 feet:
thence WEST a distance of 60 feet: thence NORTH a distance of 600 feel to the POINT OF BEGINNING
containing 35 205 square feet or 0.8082 acres more or less.
That portion of the undeveloped 60' right-qf wqv /Mown as Locust Avenue being hounded on the :Forth br
the Southerly right-of-way of Sixth Street (now known as Ninth Street) and bounded on the South by the
Northerly right-of-way of Seventh Street (now unnamed and undeveloped) us per the Revised Plat of
Blocks 5 & 6 in Ferguson 's Addition to the Cit' of Fayetteville per Plat Book a, Page 222 as recorded
with the Circuit Clerk of Washington County. Arkansas.
Washington County, AR
I certify this instrument was filed on
06/24/2019 02:57:59 PM
and recorded in Real Estate
File Number 2019-00 8246
Kyle Sylvester - Circ it lurk/
by
'�^Yr City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville,AR 72701
' (479)575-8323
Text File
\N4R1Ka S
File Number: 2019-0316
Agenda Date:6/4/2019 Version: 1 Status: Passed
In Control:City Council Meeting File Type:Ordinance
Agenda Number:C. 7
VAC 19-6634(EAST OF 902 S.SCHOOL AVE./STEVENS):
AN ORDINANCE TO APPROVE VAC 19-6634 FOR PROPERTY LOCATED EAST OF 902 SOUTH
SCHOOL AVENUE TO VACATE A PORTION OF A WATER AND SEWER 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 water and sewer
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 water and
sewer 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 6/5/2019
City of Fayetteville Staff Review Form
2019-0316
Legistar File ID
6/4/2019
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Garner Stoll 5/17/2019 CITY PLANNING (630)
Submitted By Submitted Date Division/Department
Action Recommendation:
VAC 19-6634:Vacation (EAST OF 902 S.SCHOOL AVE./STEVENS, 562):Submitted by ANGELA STEVENS for property
located EAST OF 902 S.SCHOOL AVE.The property is zoned DG, DOWNTOWN GENERAL and contains approximately
0.82 acres.The request is to vacate a portion of a water and sewer 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:
CITY COUNCIL AGENDA MEMO
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 4, 2019
TO: Mayor and Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
FROM: Andrew Garner, City Planning Director
DATE: May 17, 2019
SUBJECT: VAC 19-6634: Vacation (EAST OF 902 S. SCHOOL AVE./STEVENS, 562):
Submitted by ANGELA STEVENS for property located EAST OF 902 S. SCHOOL
AVE. The property is zoned DG, DOWNTOWN GENERAL and contains
approximately 0.82 acres. The request is to vacate a portion of a water and sewer
easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 19-6634 as shown in the attached
Exhibits 'A' and 'B' and with the following condition 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 located east of 902 S. School Avenue. The request is to vacate a portion
of the 60-foot water and sewer easement in the rear of the property. In 2013, Ordinance number
5585 granted a trail easement to the City of Fayetteville, in exchange the applicant received a
vacation of the Locust Street right-of-way. According to Ordinance No. 5585, the City retained the
entire 60-foot water and sewer easement. Additionally, there is another utility easement that runs
through the middle of the property.
Proposal:The applicant proposes to vacate the 60-foot water and sewer easement that runs along
the property's eastern boundary.
DISCUSSION:
At the May 13, 2019 Planning Commission meeting, this item was forwarded as part of the
consent agenda to City Council with a recommendation for approval, with the condition as
recommended by staff.
BUDGET/STAFF IMPACT:
N/A
Mailing Address:
113 W.Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission packet
VAC19-6634 A. STEVENS 19-6634
Close Up View EXHIBIT 'A'
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- 1-i Heavy Commercial and Light Industrial
i _ _ Fayetteville CityLimits D Downtown General
_ Y
Feet t=Community Services
- Shared Use Paved Trail i=Neighborhood Conservation
'• - - Trail(Proposed)
0 75 150 • 300 450 600 tea'
c ' Building Footprint 1 inch = 200 feet
19-6634
EXHIBIT 'B'
Legal description.
All that part of Block.Number(6)in revised plat of Blocks 5&6 Ferguson s Addition to the city of
Fayetteville, Washington County,Arkansas,per Plat Book 4,Page 222 as recorded with the Circuit Clerk
of Washington County,Arkansas. That portion of the water and sewer easement that was formerly known
as "That portion of the undeveloped 60'right-of-way known as Locust Avenue being bounded on the
North by the Southerly right-of-way of Sixth Street(now known as Ninth Street)and bounded on the South
by the Northerly right-of-way of Seventh Street(now unnamed and undeveloped);front Fayetteville
ordinance number 5585 dated 5/21/2013. Commencing at the Northwest corner of said block six(6)
thence a distance of 295 feet along the NORTH line of said block six(6)to the POINT OF BEGINNING;
thence continuing along said North line a distance of 60 feet;thence SOUTH distance of 600 feet;
thence WEST a distance of 60 feet; thence NORTH a distance of 600 feet to the POINT OF BEGINNING
containing 35205 square feet.or 0.8082 acres more or less:
That portion of the undeveloped 60'right-of-way known as Locust Avenue being bounded on the North by
the Southerly right-of-wway of Sixth Street(now known as Ninth Street)and bounded on the South by the
Northerly right-of-way of Seventh Street(now unnamed and undeveloped)as per the Revised Plat of
Blocks 5&6 in Ferguson's Addition to the City of Fayetteville per Plat Book 4, Page 222 as recorded
with the Circuit Clerk of Washington County,Arkansas:
CITY OF
IppOib',--A FAYETTEVIL E PLANNING COMMISSION MEMO
,gly ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Abdul R. Ghous, Planner
MEETING DATE: May 13, 2019 (Updated with Planning Commission results)
SUBJECT: VAC 19-6634: Vacation (East of 902 S. School Ave./Stevens, 562): Submitted
by ANGELA STEVENS for property located EAST OF 902 S. SCHOOL AVE. The property is
zoned DG, Downtown General and contains approximately 0.82 acres. The request is to vacate
a portion of a water and sewer easement.
RECOMMENDATION:
Staff recommends forwarding VAC 19-6634 to City Council with a recommendation of approval
and conditions based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward VAC 19-6634 to City Council with a recommendation for approval with the
conditions as recommended by staff."
BACKGROUND:
The subject property is located east of 902 S. School Avenue. The request is to vacate a portion
of the 60-foot water and sewer easement in the rear of the property. In 2013, Ordinance number
5585 granted a trail easement to the City of Fayetteville, in exchange the applicant received a
vacation of the Locust Street right-of-way.According to Ordinance No. 5585, the City retained the
entire 60-foot water and sewer easement. Additionally, there is another utility easement that runs
through the middle of the property. The property is zoned DG, Downtown General. Surrounding
land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning -
Direction Land Use Zoning
North Commercial DG, Downtown General
South Commercial DG, Downtown General
East Undeveloped/Park DG, Downtown General/P-1, Institutional
West Commercial DG, Downtown General
Proposal:The applicant proposes to vacate a 60-foot water and sewer easement that runs along
the property's eastern boundary (see attached exhibit).
Planning Commission
May 13,2019
Agenda Item 5
19-6634 Stevens
Page 1 of 14
•
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City
water/sewer departments with the following responses:
City of Fayetteville Response
Water/Sewer No objections and no comment.
Public Comment: No public comment has been received at the time of writing this report.
RECOMMENDATION: Staff recommends forwarding VAC 19-6634 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: Required YES
Date: May 13, 2019 O Tabled IRI Forwarded 0 Denied
Note: recommend approval
Motion: Belden
Second: Johnson
Vote: 8-0-0 (on consent agenda)
BUDGET/STAFF IMPACT:
None
Attachments:
• Request Letter •
• Petition to Vacate
• Ordinance 5585
• Vacation Exhibit
• Utility Approval
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
G:\ETC\Development Services Review\2019\Development Services\19-6634 VAC East of 902 S. School Ave. May 13,2019
(Stevens)562\03 Planning Commission\05-13-2019\Comments and Redlines Agenda Item 5
19-6634 Stevens
Page'2 of 14
3/27/2019
City of Fayetteville Planning Comrnision
Fayetteville City Council
Fayetteville,Arkansas
Dear City of Fayetteville Planning Commission and Fayetteville City Council:
In 2013 I was approached by Matt Milhalevich,the City of Fayetteville's Trails Coordinator. He requested
that I allow an easement across my property for the walking path and bridge into Walker Park at
�
9~otrwet. I was more than happy to accommodate him,the cityand my fellow cithens with that
access, but I requested one exchange in return; I asked if he would facilitate the vacation of the Locust
Street right of way that ran through th back of my property. He.took care of that and on May 21,2013
the vacation of the right of way of LocuSt'between 9th and 11th was grantedxvlthO,dinancenumber
5585.
It took me a couple of years to feaze that though I had received the requested 1OW vacation,I
inherited a rather large water arid sewer easement over the area that had been the right of way.This
was extremely disappointing and not what I had expected The city afready has a 12 foot sewer
easement through the middle of my property in question and now have a 60 foot one towards the
rear' After granting the City the trails access, I will admit I flt a bit cheated and taken advantage of It
has taken me a few years to find the extra time to reqUest a vacation of this utility easement.
I have visited with Tin Nyander of the Fayetteville City Water and Sewer Services and after reviewing mny
request to vacate the easement that was established with ordinance 5585,He agreed it was not
ecessary for the city to have a waterand and sewer easement mnthis portion ofmyproperty and the
Operations manager has signed off on it.
My request is for the City to vacate the 60 footvvaterandsewer easement from 9th
street through the
undeveloped right of way that would be 11th street,so(can responsibly control and use my property,
Sincerely,
Angela Stevens
Planning Commission
May 13,2019
Agenda Item 5
19-6634 Stevens
Page 3 of 14
• PETITION TO VACATE AN WATER AND SEWER EASEMENT LOCATED IN REVISED PLAT OF
BLOCKS 5& 6 IN FERGUSON'S ADDITION,CITY OF FAYETTEVILLE,ARKANSAS
TO: The:Fayetteville City Planning Commission and
The Fayetteville City Council
I,the undersigned,being an owner of the real estate abutting the water and sewer easement hereinafter sought to be
vacated,lying in City of Fayetteville.Arkansas,a municipal corporation,petition to vacate a water and sewer
easement which is described as follows:
Originally
That portion of the undeveloped 60'right-of-way known as Locust Avenue being bounded on the North b,,l°the
Southerly right-of-way of Sixth Street(now known as Ninth Street)and bounded on the Smith by the Northerly right-
of-way of Seventh Street(now unnamed and undeveloped)as per the Revised Plat of Blocks 5&6 in Ferguson'.
Addition to the City of Fayetteville per Plat Book 4;Page 222.as recorded with the Circuit Clerk of Washington
County,Arkansas.
OR
All that part of Block Number(6)in revised plat of Blocks S&5 Ferguson's Addition to the city of Fayetteville.
Washington-County.Arkansas,per Plat Book 4. Page 222 as recorded with the Circuit Clerk of Washington County,
Arkansas. Thai portion of the water and sewer easement that was formerly known as"That portion of the
undeveloped 60'right-of-way known as Locust Avenue being bounded on the North by the Southerly right-of-way of
Sixth Street(now known as Ninth Street)and bounded on the South by the Northerly right-of-way of Seventh Street
Grow unnamed and undeveloped);from Fayetteville ordinance number 5585 dated 5/21/2013.Commencing at the
Northwest corner of said block six(6)thence a distance of 295 feet along the NORTH line of saki block six(6)to the
POINT OF BEGINNING;thence continuing along said North line a distance of6ofeet;thence SOUTH a distance
of 600 feet:thence WEST a distance of 60 feet;thence NORTH a distance of 600 feet to the POINT OF BEGINNING
containing 35205 square feel or 0.8082 acres more or less.
That,the abutting real estate affected by the said-vacation of the water and sewer easement are in blocks 5&6 in
'Ferguson's Addition,City of Fayetteville,Arkansas the parcel numbers being:765-05438-000,765-05426-000,765-
05428-000,765-05429-000,765-05430-000.The real estate affected by the utility easement has not been used by
the public or the City of Fayetteville many years,and that the public interest and welfare would not be adversely
affected by the vacation of the portion of the.above described water and sewer easement..
The petitioners pray that the City of Fayetteville.Arkansas vacate the above described water and sewer easement.
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.vacate the water and sewer easement on the above described real estate,and that title to said real estate
sought to be vacated be vested in the abuttingproperty owners as provided by law.and as to that particular land the
owners be free from the water and sewer easements and of the public for the use of vacated right of way.
Date. this ') day of (VV•rttk_ ,20 11 ..
An.� la C Stevens
Printer. U
Sign.11
Planning Commission
May 13,2019
Agenda Item 5
19-6634 Stevens
Page 4 of 14
ORDINANCE NO. 5585
AN ORDINANCE APPROVING VAC 13.4346 SUBMITTED BY CITY STAFF
FOR PROPERTY LOCATED AROUND '902 SOUTH SCHOOL STREET
(FERGUSON'S ADDITION)TO VACATE A 60 FOOT RIGHT-OF-WAY
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 purposes;and
WHEREAS,the City Council has determined that the following described portion of the
platted 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 and
abandons the following described 60.foot right-of way in Exhibit 13(attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached and labeled Exhibit A shall be filed inthe office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3: That this vacation,approvalis subject to the Condition of Approval and shall
not be in effect until the conditionis met.
The City shall retain a water and sewer easement for the entire 60-foot right-of-way
width for the entire length of the property that is being vacated.
PASSED and APPROVED this 215`day of May,2013.
APPROVED: A ITEST:
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Planning Commission
May 13,2019
Agenda Item 5
19-6634 Stevens
Page 6 of 14
FERGUSON'S ADDITION
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Overview Legend II VAC 13-4346
,-767-4,- Subject Property
....• 'r 1 Q vAc13-4346 l_ _! Design Overlay District
�.Z,.. Boundary .___; Planing Area
nl
+" _. �':•= • Fayetteville
0 0.25 0.5 1
Miles
Planning Commission
May 13,2019
Agenda Item 5
19-6634 Stevens
Page 7 of 14
FERGUSON'S ADDITION
Close Up View
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Footprints 2010
Hillside-Hilltop Overlay District
i......._! Design Overlay District
Design Overlay District
0 75 150 300 450 600
Planning Area Flet
Planning Commission
May 13,2019
Agenda Item 5
19-6634 Stevens
Page 8 of 14
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CO '�1 4n mission
'gyp 1)a CQ 4 '. a 3,2019
- ` : y aia Item 5
19-6634 Stevens
Page 10 of 14
UTHATY APPROVAL FORM.
FOR RIGHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATESIC/Z-0/(7.
UTILITY compA City of Fayetteville Water and Sewer
APPLICANT NAME: 415;244431"*544/48- APPLICANT PliONS"1".44:44.
/k/V 6E44 57.6 YENS. Z —
REQUESTED VACATION(applicant must check tha(apply):
EiUtility Easement
ERight-of-way for alley or streets and all utility CASMOTOS located Within.*vacated right-of-vmy.
ri Alley
ElStreet right-of-way
I have been notified of the petition to vacate the following(alley, ea,rement,right-al-way),described as follows:
General location Address 902 & 1020 S School Ave Locust Ave south of 9th to the undev
ROW that would be 11th Street
El (ATTACH legal description anLi graphic representation,of what is being vacated-SURVEY)
trrtLrtv COMPANY COMMENTSt
ie"-- No objections to the vaeation(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 mei:
Si,:/ature. C . any Representative
isf S OPER/fr/0"if it/ig/t41‘.61Z„
Title
Deceiiiwi 2014
Poge
Planning Commission
May 13,2019
Agenda Item 5
• 19-6634 Stevens
Page 11 of 14
VAC19-6634 A. STEVENS
One Mile View f
NORTH
1
t t t I t t I I l
i 0 0.125 0.25 0.5 Miles J. ,L
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Legend RESID EXTRACTION
RESIDENTIAL SINGLE-FAMILY 1=1 E-,
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Va• 1 COMMERCIAL
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R CRSV•1S PLANNE ZON NG OI.lon
—� Design Overlay District 0 `p PLANNE020NNCDISTPoCTS
;Planning Area oCmnTIONAL W.R•.WMs'
` INDUSTRIAL INSTITUTIONAL
• Building Footprint I> •-.C •cW•�UF�M•.=Ir:P.,
Fayetteville City Limits `;1 I=1"G•n"•161
6
"^•1 Planning Co mission
Mtal 13,2019
Agenda Item 5
19-6634 Stevens
Page 12 of 14
VAC19-6634 A. STEVENS
Close Up View
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Legend
' I Planning Area Q RMF-24
I-1 Heavy Commercial and Light Industrial
' ! Fayetteville City Limits 0 Downtown General
Feet C1 Community Services
— Shared Use Paved Trail mlopi,mr1.. W0141p1k—iln imi:Vop.t, , rt Neighborhood Conservation
Trail(Proposed)
0 75 150 300 450 600 En P-1
r..:.., Building Footprint 1 inch = 200 feet
Planning Commission
N1ay 13,2019
Agenda Item 5
19-6634 Stevens
Page 13 of 14
VAC19-6634 A. STEVENS
Current Land Use
NORTH
,f,/ ._ �_ pey a r ,
t .��` f iQ� ) LI-1 Oat
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FEMA Flood Hazard Data
Streets Existing
MSP Class n 100-Year Floodplain
Feet E Floodway
PRINCIPAL ARTERIAL '" >.-
0 55 110 220 330 440
_1 Planning Area
;
_ Fayetteville City Limits 1 inch = 150 feet
Planning Co'mission
M4'13,2019
Agenda Item 5
19-6634 Stevens
Page 14 of 14
1
RECEIVED
[JUN L 6.2019
CITY OF FAYEfTEVILLE
CITY CLERK'S OFFICE
NORTHWEST ARKANSAS
TIN
vemocrat wazette
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. 6193
Was inserted in the Regular Edition on:
June 13, 2019
Publication Charges: $ 88.40
Cathy StAigs
Subscribed and sworn to before me
This ( k day ofAU,,,X, 2019.
oa-,iz U-�4
Notary Public J*44
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
**NOTE** My Commission Expires Feb 20, 2024
,.
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6193
File Number: 2019-0316
VAC 19-6634 (EAST OF 902 S. SCHOOL
AVE./STEVENS):
AN ORDINANCE TO APPROVE VAC 19-
6634 FOR PROPERTY LOCATED EAST OF
902 SOUTH SCHOOL AVENUE TO VACATE
A PORTION OF A WATER AND SEWER
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 water
and sewer 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 water and sewer 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 6/4/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74977647 June 13, 2019