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
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Subject Property Boundary i—
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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
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