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HomeMy WebLinkAboutORDINANCE 4466ORDINANCE NO. 4466 S CA N N E D -- i AN ORDINANCE APPROVING VAC 03-1.00 TO VACATE AND ABANDON A SECTION OF 9THSTREET WEST OF SOUTH SCHOOL, NORTH OF BLOCK 17 AND SOUTH OF BLOCK 16, IN THE FERGUSON'S ADDITION AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, the City Council of the City of Fayetteville, Arkansas has the authority under A.C.A.§14-301-301 to vacate dedicated public streets and alleys which have not been actually used for five years; and WHEREAS, the City Council of the City of Fayetteville, Arkansas has determined that the following described dedicated street has not been actually used for five years and the owners of all abutting property have petitioned for or consented to this vacation; and WHEREAS, the public interest and welfare will not be adversely affected by the abandonment of the alley; and WHEREAS, the City Council has the additional authority under A.C.A. §14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described street is not required for corporate purposes; and WHEREAS, the abutting owner has offered as an inducement to the City Council to approve the vacation of the street a Bill of Assurance to maintain, create, or improve green space on the 50-Foot section nearest School Avenue. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described street right of way: See Exhibit "A" attached hereto and made a part hereof. Section 2. That this vacation approval is S',-IIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIiIlI11I1111II1IlIIIIIIIIIIIIIIIIIIIII IIIII -1 by the petitioner. Doc ID: 004446850006 TVDe: REl Recorded: 04/03/2003 at 12:03:33 PM Fee Amt: $23.00 Paae i of 6 washinoton Countv. AR Bette Stamos Circuit Clerkii File2003 0002 jj�� V 1 Q II''yy V G Section 3. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. 'ASSED and APPROVED this the 4"' day of March, 2003. _•u.fd Sondra f xi k ' . J16", ) � -1 th, City Clerk EXHIBIT "A" VAC 03-1.00 THE SOUTH HALF OF THE UNOPENED PORTION OF NINTH STREET WHICH IS WEST OF SOUTH SCHOOL AVENUE AND NORTH OF BLOCK 17 IN FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION. 03/53/2003 22:32 479-575-8202 ENGINEERING G.O.F. PAGE 02 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, tl 1 ownerf developer, or bu er of this property, (hereinafter "Petitioner") E . hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. I. The use of Petitioner's property shall be limited to 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include 03f03J2003 22:32 479-•575-8202 ENGINEERING C.O.F. PAGE 03 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS wi conditions stat• above, L as owner, developer or buy�; ��eiitio'n'e'r) voluntarily�,is- it All ances and sign my name below. Date PAntd/d Name NOTARY OA'i,ti STATE OF AR'KANSAS COUNTY OF WASHINGTON } And now on this the 4 day of _ Ar1 "-1W- . 200 3 appeared before me, _ 61yt2 y- 1�y and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her nanTe AI ove. 40 NOTARY PUBLIC My Commi-}s�syion Expires: OFFICIAL SEAL �' .1 •., NOTARY PUBIC ��<�'`' = �� �1�� 4'•. FRED G. PENNINGTON WASHINGTON COUNTY, AR MY COMMISSION" EXPIRES 10-1-2007 ?: n Washington County, AR I certify this instrument was filed on 04/03/2003 12:03:33 PM and recorded in Real Estate File Number 2003-00020182 Bette Stamps - Circuit Clerk by C NAME OF FILE: Itprn # natp Ordinance No. 4466 Document 1 03t04/03 Ord. 4466 w/Ex. A 2 01/20/03 Staff Review Form w/attachments: memo to mayor/city council draft ordinance Planning Commission minutes re: VA 03-1.00 copy of Petition to Vacate copy of Close up view copy of email to Gary Dumas 3 Affidavit of Publication 4 1 memo to Tim Conklin 7. ro -=T.3 E FAYETTEViLLE THE CITY OF FAYETT£VILLE. ARKANSAS To: Tim Conklin Community. Planning & Engineering Services From: Clarice Buffalohead-Pearman� City Clerk's Division Date. 3/10/2003 Re: Ordinance No. 4466 Attached is a copy of the above ordinance passed by the City Council March 4, 2003 to vacate and abandon a section of 9th Street and South School, your file VAC 03-1.00. Also attached is copy of the Bill of Assurance. If anything else is needed please let the city clerk's office know. This ordinance will be microfilmed and fled in the Fayetteville, City Clerk's office, and filed with the Washington County Clerk. cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering NORTHOVEST • M • • EDITION A*zmas Democmt 05axette AFFI lJ - - ��'C,�[� fir-►� F PUBLICATION crry z 2Qo- Ct i y CI EFIK' OFFICE i, , do solemnly swear that I am Lega lerk of the Arkansas Democrat -Gazette newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, the advertisement of: was inserted in the regular editions on ** Publication Charge: $ I'V Subscribed and sworn to before me this 1(9 — day ofAJAA1 - , 2003. ORDINANCE NO. 4468 AN ORDINANCE APPROVING VAC 03.1.00 TO VACATE AND ABANDON A SECTION OF 9TH STREET WEST OF SOt1TH SCHOOL, NORTH OF BLOCK 17 AND SOUTH OF BLOCK 16, IN THE FERGUSON'S ADDITION AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION ftrtT110 WHEREAS, tra City Councl of the City of Fayetteville. Arkansas has the authority udder A.C.A.§ 14-301- 301 to vacate dedicated public streets and allays which have not been actuary, used for five years: and WHEREAS, the City Ccundl of the City of Fayetteville. Arkansas tias detan-hinted that the to WAng described dedicatedstreet has not been actuary used for five years and the o.vners of of abutting prop• arty have petitioned for or consented to this vacation: and Official Seat My omr AM"'' WASHINGTON COUNTY My Commission Expires 11-05-2011 "} Please do not pay from Affidavit. An invoice will be sent. WHEREAS, the pubic interest and welfare wir not be adversely affected by the, apandormant of the aW,, and THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET-TEVILLE. l Section 1. That the City of Fayetteville. Arkansas hereby vacates and abandons al of Its rights together' with the rights of the pubic generaly, in and to the folow4g described street right of way: " =��Xv 0 Recorder of the Cayay and recorded In the s... Records of the County. APPROVEDPASSED and this the 4th clay of March, 20M. APPROVED: DAN COODY, Mayor 212 NORTH EAST AVENUE it P.Q. BOX 1607 it _ E>fliIBIT V4 VAC 03-1,00 THE SOUTH HALF OF THE UNOPENED PORTION OF NINTH STREET WHICH IS WEST OF SOUTH SCHCPL AVENUE AND NORTH OF K 17 IN FERGUSON ADDITION TO THE CITY OF FAYET- TEVICAM ARKANSAS. AS DESIGNATE_PON THE RECORDED PLAT OF SAID ADDITION. Si STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review 41(- a- a2 �-q--03 For the Fayetteville City Council meeting of February Q, 2003. FROM: Tim Conklin Name Planning �Wnwvm of Urban Development Department ACTION REQUESTED: To approve an ordinance for VA 03-1.00 as submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of S. School Avenue on 9th Street, Fayetteville, Arkansas. The request is to vacate a section of the street right of way as shown and described on the attached map and legal description. COST TO CITY: $0 Cost of this request Account Number Project Number BUDGET REVIEW: Budget Coordinator Funds used to date Remaining balance Budgeted item Category/Project Name Program Name Fund Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acciolantingr Manager Date .Celty Atto ney Date Purchasing Officer Date ADA Coordinator Internal Auditor Date STAFF RECONNENDATION: Staff recommended approval and on January 13, 2003 the Planning Commission voted 9-0-0 to recommend the vacation be approved by the City Council. Division Head DepW�t or �4r� AdmlpisWatiGe Services Z' Date Date Da e �/00 ate Cross Reference New Item: Yes No Prev Ord/Res#: Orig Contract Date: 11 (Da,� `iN /oCi STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of February 4, 2003. FROM: Tim -Conklin Planning Urban Development Name Division Department ACTION REQUESTED: To approve an ordinance for VA 03-1.00 as submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and'Mountain Mechanical Contractors for property located west of S. School Avenue on 9th street, Fayetteville, Arkansas. The request is to vacate a section of the street right of way as shown and described on the attached map and legal description. COST TO CITY: $0 Cost of this request Category/Project Budget Account Number Project Number BUDGET REVIEW: Budget Coordinator Funds used to date Remaining balance Budgeted Item Category/Project Name Program Name Fun Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date City Attorney Date Purchasing Officer Date ADA Coordinator Internal Auditor Date STAFF RECOMMENDATION: Staff recommended approval and on January 13, 2003 the Planning Commission voted 9-0-0 to recommend the vacation be approved by the City Council. vision Head Date Department Director Date Administrative Services Date Director Mayor Date Cross Reference New Item: Yes No Prev Ord/Res#: Orig Contract Date: VAC 03-1.00 Page 7 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, City Planner, A.LC.P. DATE: January 17, 2003 CC Meeting of February 4, 2003. AMC Land Right of Way Vacation VAC 03-1.00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 9'h Street. The property is zoned C-2, Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is tovacate 9'h Street west of South School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Background: No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric —No Objections Southwestern Electric Power Company - NA Arkansas Western Gas — No Objections, Retain 20' utility easement for existing gas line which was filed for record November 20, 2002 in Washington County. SW Bell — No Objections, Requests a 20' utility easement along School Street through this existing right-of-way. Cox Communications - No Objections City of Fayetteville: Water/Sewer — No Objections, Must maintain 30' wide easement centered on the existing sewer line but extending from the east to the west end of the property. Street Department - No Objections Solid Waste - No Objections Engineering —No objections. Current Status: On January 13, 203, the Planning Commission voted 9-0-0 to forward the Vacation to the City Council with a recommendation for approval. Recommendation: Approval of the proposed right-of-way vacation 03-1.00 subject to the applicant providing the easements requested above. fln $ AN ORDINANCE APPROVING VAC 03-1.00 TO VACATE AND ABANDON A SECTION OF 9TH STREET WEST OF SOUTH SCHOOL, NORTH OF BLOCK 17 AND SOUTH OF BLOCK 16, IN THE FERGUSON'S ADDITION AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 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 I. That the City of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described street right of way: See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED AND APPROVED this ATTEST: DRAFT M Heather Woodruff, City Clerk day of , 2003. APPROVED: DRAFT Dan Coody, Mayor EXHIBIT "A'} VAC 03-1.00 THE SOUTH HALF OF THE UNOPENED PORTION OF NINTH STREET WHICH IS WEST OF SOUTH SCHOOL AVENUE AND NORTH OF BLOCK 17 IN FERGUSON ADDITION TO THE CITY OF AYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION. Planning Commissi— January 13, 2003 Page 3 Aviles: Welcome to the January 13, 2003 meeting of the Fayetteville Planning Commission. Renee, would you call the roll please? Roll Call: Upon the completion of roll call all nine commissioners were present. Aviles: Thank you Renee. The first item of business would be the approval of the minutes from the previous Planning Commission meeting which was held on December 9`h. Do I have a motion for approval of the minutes? Ward: So moved. Aviles: There is a motion by Commissioner Ward, is there a second? Shackelford: Second. Aviles: There is a second by Commissioner Shackelford. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve the minutes was approved by a vote of 9-0-0. VAC 03-1..00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 9`h Street. The property is zoned C-2, Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 9`h Street west of S. School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Aviles: Thanks Renee. We have ten items on our agenda this evening. The first item is the only item which is on the consent agenda. It is VAC 03-1.00 which was submitted of Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of S. School Avenue on 9'hStreet. The property is zoned C-2, Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately .32 acres. The request is to vacate 9`h Street west of S. School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Is there any member of the Commission that would like to remove this from the consent agenda? Is there any member of the audience that would Iike to speak to us on this item this evening? Seeing none, I will go ahead and entertain a motion for approval of the consent agenda. Shackelford: I will make a motion that we approve the consent agenda. Planning Commissi.,.. January 13, 2003 Page 4 Ward: Second. Aviles: Renee, call the roll please. Roll Call: Upon the completion of roll call the motion to approve the consent agenda was approved by a vote of 9-0-0. vAC 03-1. 00 Page I FAYETTEVILLE THE CITY OF 6AYETTEVTLLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner, A.I.C.P. FROM: Sara Edwards, Associate Planner Matt Casey P.E. Staff Engineer DATE: November 9, 2002 PC Meeting of January 13, 2003 AMC Land Right-ot=Way Vacation Project: VAC 034.00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 91h Street. The property is zoned C-2, Thoroughfare Commercial and 1-1, Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 9`h Street west of South School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Findings: See the attached maps and legal descriptions for the exact locations of the requested right-of-way vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric — No Objections Southwestern Electric Power Company - NA Arkansas Western Gas — No Objections, Retain 20' utility easement for existing gas line which was filed for record November 20, 2002 in Washington County. SW Bell — No Objections, Requests a 20' utility easement along School Street through this existing right-of-way. Cox Communications - No Objections City of Fayetteville: Water/Sewer — No Objections, Must maintain 30' wide easement centered on the existing sewer line but extending from the east to the west end of the property. Street Department - No Objections. Solid Waste - No Objections Engineering — No objections. Planning Commission January 13, 2003 YAC 03-1 AMC Garry Page 1.1 Yl3 C 03- .HIV Page 2 Recommendation: Approval of the proposed right-of-way vacation 03-1.00 subject to the applicant providing the easements requested above, PLANNING COMMISSION ACTION: Date: Comments: CITY COUNCIL ACTION: Date: / / _ ves Required Approved —yes Required Approved Denied Denied Planning Commission January 13, 21103 VAC 03- / AA4C Land Page 1.3 a ✓ a PETITION TO VACATE THE UNOPENED PORTION OF NINTH STREET WHICH IS LOCATED EAST OF SOUTH SCHOOL STREET AND SOUTH OF LOTS 2 AND 8 OF :BLOCK 16 AND NORTH OF LOTS 1 A1tiTD 24 BLOCK 17 OF THE FERGUSON ADDITION. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We the, undersigned, being all the owners of the real estate abutting the right-of-way hereinafter sought to be abandoned and vacated, lying east of South School Avenue and south of Lots 2 and 8 of Block 16 and north of Lots 1 and 24 of Block 17 of Ferguson Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as follows: Beginning at a point which is 16 feet East of the Northwest corner of Lot 24, Block 17, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence North 55 feet, more or less, to the South line of Lot 2, Block 16, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence East to a point which is due North of the Northeast corner of Lot 1, Block 17, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence South 55 feet, more or less, to the Northeast corner of said Lot 1, Block 1L7, Ferguson Addition, thence West along the North line of said Block 17, Ferguson Addition to the point of beginning. That the abutting real estate affected by said abandonment of the street right-of-way are Lots 2 and 8 of Block 16 of the Ferguson Addition and Lots 1 and 24 of Block 17 of the Ferguson 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 abandon- ment of the unopened portion of the above described street. 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 easement of the public for the use of said street right-of-way. Planning Commission January 13. 2003 Y,4C 03-1 AMC Land Page 1.2 Dated this 12`h day of December, 2002. Randy Parrish A C Edith Harvey Raye Pansh Panning Commission January 13, 2003 VAC 03-1 AMC Land ' Page 1.4 ' onkirio IN A06I nAU .t 4/z 44e d4/D; Uri! 'e:32i )EJED. #jiS ;r`2ae 2!2 LEGAL DESCRIPTION FOR STREET CLOSING PURPOSES All that part of Ninth Street (unopened) that is described as follows: Beginning at a point which is 16 feet East.of the Northwest corner of Lot 24, Block 17, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence North 55 feet, more or less, to the south line of Lot 2, Block 16, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence East to a point which is due north of the Northeast corner of Lot 1, Block 17, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence South 55 feet, more or less, to the Northeast corner of said Lot 1, Block 17, Ferguson's Addition, thence West along the North line ofsaad Block 17, Ferguson's Addition to the point of beginning. .0, Planning Commissio January 13, 206 VAC 03-1 AMC Lar, Page 1. CONDITIONAL CONCURRENC'E" to . CLOSE A STREET ?1OCT � Al3 jO BE IT KNOWN BY THESE PRESENTS that Southwesteth*Beil`1"ejeph'ne, L.P.. a Texas limited partnership, hereby concurs in the closing of an unopened portion of a public street subject to stated conditions: All that part of Ninth Street, beginning at a point which is sixteen feet east of the northwest comer of Lot 24, Block 17, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence North 55 feet, more or less to the south line of Lot 2, Block 16, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence east to a point which is due north of the northeast corner of Lot 1, Block 17, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence South 55 feet, more or less, to the northeast corner of said Lot 1, Block 17, Ferguson's Addition, thence west along the north tine of said Block 17, Ferguson's Addition to the point of beginning, SUBJECT TO AND CONDITION UPON the granting or provision of a twenty twenty foot (20') utility easement along the west side of School St. for the length . of the Ninth Street right of way. p' AO - ng / Const ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON /o_ /— G'1 MM On this the }i- day of October, 2002, before me, the undersigned authority, duty commissioned and qualified in and for the state and County set forth above, personally came and appeared F. Jean Davis, who, after being duty sworn, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone, L.P., a -Texas limited partnership, and that he executed the foregoing instrument as the act and deed.of said company of his own free will and for the Purposes and considerations therein expressed and with due authority. In witness whereof I hereunto set my hand and official stamp. C'. ty O 1 J J Lynda E. SommerfeldtPalmer Notary Public MY commission expires August10,. 2011 VAC03-1.00 Close Up View AMC LAND —jl- _•�.•--F�''''l;?! �° ,� _ 1_ _ _ _ F j} rams _ \ M, ED • \ t _ _ 6 If F n j ( _ a Ci In TY Mir `y'w rr !! p �I C '4• J �IO� !q� 1- (jj M1 \ r � 4d �—� -- _ j �- - \ ` r _ F`- items •. i NAT7dryAL Si' _.._.j'R! VA'rL QR t .. _. \ - -' - - .- _ ?� • i'+-' .'�.. _. `_- 4 _ ._ ♦ _ ! ,yam _ a �r FWVAiE dR — JJT as ♦ � t F � T _ 4(`` aTrJ "Ohi T" .` _ �{ I FF'y .-�� .•, I Ir �` ♦1 r t! � -- r � Y 1 t i- Overview Subject Property Boundary i— EW VAC03.7.00 �' . Planning Area Master Street Plan ;poao� o°a0008 Overlay District tc� Freeway/Expressway Streets L ` —1 City Limits a:.»` Principal Arterial `'._- Existing Outside City '*W' Minor Arterial 41* Planned a N o Collector Q 75 � � •�'�a Historic Collectorr T C goo aso soo Feet L m 1 From: Steve Hatfield To: Gary Dumas Date: 2/18/03 3:04PM Subject: 9th street Property I met with the property owner and discussed the property. In order to allow him enough room to develop what he wants and the fact that it is not on the proposed Trails Master plan, I recommend we do not ask for any land for a trail at this time. Thanks Steve Hatfield, RLA, ASLA Park Landscape Architect Trails & Greenways Coordinator e-mail: shatfield@ci.fayetteville.ar.us voice: 479-718-7688 visit us at www.accessfayetteville.org Fax: 479-521-7714 113 W. Mountain St. Fayetteville, Arkansas 72701 1 R,1\ \_ �,n�,.c o,.l