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HomeMy WebLinkAboutOrdinance 5060 Doc ID : 011737030004 TVDe : REL Recorded : 11/08/2007 at 04 : 09 : 59 PM Fee Amt : $30 . 00 Pape 1 of 4 Mashington Countv . AR Bette Stamps Circuit Clerk I F11e2007-00041880 4 ORDINANCE NO. 5060 AN ORDINANCE APPROVING VAC 07-2688 SUBMITTED BY SPRINGFIELD HOLDING GROUP, LLC FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 6" STREET (HWY 62W) AND ONE MILE ROAD TO VACATE A UTILITY EASEMENT ON THE SUBJECT PROPERTY. . WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit `B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . The proposed easement vacation shall apply to the 15 ' utility easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developer' s ;j5kK/?Rfgf'',. expense. 4%% Qx %F CP Y O c PASSED and APPROVED this 18`s day of September, 2007. OFAYETTEVILLE ; APPROVED: ATTEST: y:0,11 5; %,s RKANSP.J� ��•'y//�'di GTON GO �,o By: By: DAN COODY, Mayor S NDRA SMITH, City Clerk/Treasurer 1 �, <"\� u ��'��.,Y `�\ < � C a{:hs�i�`� �"us:���` �$ \ � � sx2" '��� w\`�&s Y', �bt .. ,� .• 1 to - kit iz aM gm .+ All MENV> ty v Y�'S� F\'�" �` �• try "'3.45 ��.�� tF 'SMC: p y":'fiT� ^+111 c leg �a r E a ° '' � `Y It v It 37.5 75 150 k! 225 i L y 0 1 ' 1 • ii �. � � �^ t • ' 1 - " � dim S '. �•`.''�:al _ set ; UP— v r , I 4 A " . • . � ,` ,� . mss ...,_. %�"� ' ilk MI � P • . ems+ �i y II d _ rp N I.01 F L/4j .h ��.� �./+. _ { j444 N .. n000 1 r Nf rrlu41 al3P—r..'.Ja-31vvd_a-c1:= ��1 ` �.' \ � 1 ■ EXHIBIT "B" VAC 07-2688 AN EXISTING EASEMENT LOCATED OVER A PORTION OF THE NORTH AND EAST SIDES OF A TRACT OF LAND AS DESCRIBED ON AN ALTA/ACSM LAND TITLE SURVEY PLAT AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2006-18071 , BEING A PART OF THE SW 1 /4 OF THE NE 1 /4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING FROM A FOUND IRON PIN ON THE EAST SIDE OF ONE MILE ROAD AS SHOWN ON PLAT RECORDS 2004-24333 AND DR3- 153, THAT IS S02015 ' 33"W 1312.88 FEET FROM THE ALUMINUM MONUMENT MARKING THE NORTH QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF PLAT RECORD 2006- 18071 , S86017135"E 120.52 FEET; THENCE CONTINUING ALONG SAID NORTH LINE S87005500"E 11 .60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87005 ' 00"E 135 .00 FEET TO THE NORTHEAST CORNER OF PLAT RECORD 2006-18071 ; THENCE ALONG THE EAST LINE THEREROF S13002'49"E 129.40 FEET; THENCE LEAVING SAID EAST LINE S73006' 12"W 15 .03 FEET; THENCE N13002'49"W 119. 10 FEET; THENCE N87°05100"W 123 .69 FEET; THENCE NO2055 '00"E 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3804.0 SQUARE FEET OR 0.09 ACRES, MORE OR LESS . 82 /D l ?/o ? City City of Fayetteville 5o rO Staff Review Form fN City Council Agenda Items I /�C D7_ or V Contractst1din rl n 18-Sep-07 � GrP City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2688: (Walgreens, 558): Submitted by Springfield Holding Group, LLC for property located at the northeast corner of 6th Street (HWY 62W) and One Mile Road. The request is to vacate a utility easement on the subject property. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category 1 Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a b epa//rtmment Director Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in City Clerk's Office ENTERED 9 - 4 -07 3( �1 Finance and Internal Service Director Date �A� Received in Mayor's Office ZFATRE0 t Mayor Date Comments: City Council Meeting of September 18, 2007 Agenda ] tern Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations ��pp From: Jeremy C. Pate, Director of Current Planningo` Date: August 31 , 2007 Subject: Easement Vacation for Walgreens at One Mile Road (VAC 07-2688) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a utility easement located at the northeast corner of One Mile Road and 6`h Street. . BACKGROUND The subject property is located at the northeast corner of One Mile Road and 6`h Street. The Planning Commission approved a large scale development for Walgreens on August 13 , 2007. As a condition of approval, the applicants are required to vacate the subject utility easement so as to increase the percentage of preserved canopy on the property. Denial of the easement vacation will require the applicants to request a major modification to the approved large scale development. The applicant requests vacating a 15 ' utility easement to allow the existing canopy located within said easement to count as preserved canopy for purposes of the approved large scale development. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission meeting on August 27, 2007. The Planning Commission voted 5-0-0 to recommend this vacation request to the City Council . BUDGETIMPACT None. t ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2688 SUBMITTED BY SPRINGFIELD HOLDING GROUP, LLC FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 6`h STREET (HWY 62W) AND ONE MILE ROAD TO VACATE A UTILITY EASEMENT ON THE SUBJECT PROPERTY. 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 the platted 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 and abandons the following described utility easement: See Exhibit "B" attached hereto and made a part hereof. Section 2 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. I . The proposed easement vacation shall apply to the 15 ' utility easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall beat the owner/developers expense. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerkfrreasurer EXHIBIT A N0MBE8 .. gEAIONG:. . . . WSMCE j T1lW'cow IR _' S'I'73' Or- V -SV/44t/4 Ll N 021WV E I5 00' _ is�,s 30 :puts au-,sx - YOOi_,0 a 26-1881 S e877TSa:E71052 . $'BT05U8'. ;E ;IN 735;0p' d : vn �+ 15 ESNr Tb BE VACINFb AS-SRO ON PIAf'BY i DON IO:Mk' 0A1E0. 4�26J84 `'. �Rt aoNwen. m : 5: � �1 C �. , s:sDtTVAui EiN1.. lag ACRS +/= ¢. D IIIidsl -5.55 1 3 L4 J l S. Lu zTAXT 15' - b' '0 -D+E- ET1EWIE 7E .yam �.� DEEP IOSt-i1i': =OFED.86�-vu10�0,'. �, 3v svatit j4A1. _ �. n®naw-:as 30• AW_CWT: Soo 90 jL 8a z a ,a THIS IS NOT A PIAT FT t1z',,Eapp1�� GrdFtan Tall 2grks � � + ro,xm^uress Ute ;�j $0 30 D Fi0Rv .am F&WM zz+ Ao >t archLiecfi.ure� eng, rb rjng 9ASIS DF BEARINtiS :ARKANSAS _SfAIE usl 27, zo "W E. MORDI�IATE SYSTEM ;©20074 "M TuUj: al rks &6 Au dphlUrisSi g VAC 07-§688 Walgreens @ 6th/One Mile Page 4 of 18 EXHIBIT "B" VAC 07-2688 AN EXISTING EASEMENT LOCATED OVER A PORTION OF THE NORTH AND EAST SIDES OF A TRACT OF LAND AS DESCRIBED ON AN ALTA/ACSM LAND TITLE SURVEY PLAT AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2006- 18071 , BEING A PART OF THE SW Y OF THE NE V4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WAS14INGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM A FOUND IRON PIN ON THE EAST SIDE OF ONE MILE ROAD AS SHOWN ON PLAT RECORDS 2004-24333 AND DR3- 153, THAT IS S02015133"W 1312.88 FEET FROM THE ALUMINUM MONUMENT MARKING THE NORTH QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF PLAT RECORD 2006- 18071 , S86017' 35"E 120.52 FEET; THENCE CONTINUING ALONG SAID NORTH LINE S87005'00"E 11 .60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87005 '007'E 135.00 FEET TO THE NORTHEAST CORNER OF PLAT RECORD 2006- 18071 ; THENCE ALONG THE EAST LINE THEREROF S13002 '497'E 129.40 FEET; THENCE LEAVING SAID EAST LINE S73006112"W 15.03 FEET; THENCE N13°02'49"W 119. 10 FEET; THENCE N87°05 '00"W 123 .69 FEET; THENCE NO2°55' 00"E 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3804.0 SQUARE FEET OR 0.09 ACRES, MORE OR LESS. 7ay e e � Ie PC Meeting of August 27, 2007 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125W Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pale, Director of Current Planning DATE: ^ • .,...^` " 'nn' Updated August 31, 2007 VAC 07-2688: (WALGREENS @ 6TH & ONE MILE RD., 558): Submitted by SPRINGFIELD HOLDING GROUP, LLC for property located at NE CORNER OF HWY 62W AND ONE MILE ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1 .97 acres. The request is to vacate a utility easement on the subject property. Planner: JESSE FULCHER Findings: Property Description: The subject property is located at the northeast comer of One Mile Road and 6"' Street. The Planning Commission approved a large scale development for Walgreens on August 13 , 2007. As a condition of approval, the applicants are required to vacate the subject utility easement so as to increase the percentage of preserved canopy on the property. Denial of the easement vacation will require the applicants to request a major modification to the approved large scale development. Request: The applicant requests vacating a 15 ' utility easement to allow the existing canopy located within said easement to count as preserved canopy for purposes of the approved large scale development. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. Southwestern Electric Power Company No objections. Arkansas Western Gas No Objections. The existing utility KARepepons\2007\PC Relxtns\08-27-07WAC 07-2688 (Walgreens One Mile Road).doc easements along the south and west property lines shall remain. Southwestern Bell Telephone No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding (VAC 07-2688) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1 . The proposed casement vacation shall apply to the 15' utility easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall beat the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: August 27, 2007 Motion : Graves Second: Cabe Vote: 5-0-0 Comments: K:\Repons\2007U'C Repoas\08-27-07wAC 07-2688 (Walgreens One Mile Road).doc ) Petition To Vacate Easement Petition to Vacate an easement located near the northeast corner of Sixth Street and One Mile Road, City of Fayetteville, Arkansas. To: The Fayetteville City Planning.Commission and The Fayetteville City Council We, the undersigned, being the authorized representative of the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in part of the SW X of the NE '/. of 19- 16-30 West, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows: (See attached Exhibit) That the easement has never been used for any public purpose and that the public interest and welfare would not be adversely affected by the abandonment and vacation of the easement, and that the abandonment and vacation of the easement will assist in protection and preservation of mature hardwoods. The petitioners ask that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate vesting all rights to the fee owner of the real estate. WHEREFORE, the undersigned petitioners respectfully ask that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that as to that particular land, the owners be free from the easements of the public for the use of said land. Dated this 151h day of lune, 2007 Jeff Nicholas, Springfield Holdings Group, LLC i EXHIBIT A f1NE"fA13LE I, "NW CORNER SW/4-NE%4 NUMBER SEANING DISTANCE' S.8705'OO" E•. 11:60' . L2 ' S'73'069Y=W. ..15:03' 13 N 0235'.00^ E'; 15:00' 'IJ-",V-JV PEA. PUTS 033-153, 2004-24333.-& 2006-10071 P!1 15' ESMT TO BE VACATED is AS;SHOWN ON PLATBY. t OON KE11P' DATED 428/84 '( • - - I'W.D 004-400 11 5SIDEVWXESi1T. 1,9 ACRES +/- o® 1094-5w6 _ P T. 2006-18071 - IYESl90E 15'UBUTY ESUL 1; UU0R [1o)1 -53s $ e 1 15' R%W''PER CITY DF i'AtET1EV61E 30Rft PFR.aly -. I '0 N 1031-S.. FAYETTENIIE. / D®'861=100. 70' OW f5MT. DFEov1D3o'23s :- 10Avc-cgjr AND 89 _ iii .. j•/ 2 THIS IS NOT A FLAT ��ud�■�-ate . •_..e :�, BASIS OF BEARINGS: ARKANSAS STATE MANE. COORDINATE ;SYSTEM Crofton TOO Sparks' 090I it 47''Sh00r;Sale-200 Rogers, AR 7956: 479.636:4838 FAX 479.631 A224 wwW.aofonN0sparks:ooin a rc'h..i:f a ct:ure'. I e n g; i n'e.e r: i'n':g. ©,2007* Grafton; T1II,;5parks & Associates, Inc: DESCRIPTION: EASEMENT TO BEVACATED AN EXISTING EASEMENT LOCATED OVER A PORTION OF THENORTH AND EAST SIDES OF A TRACT OF _LAND AS DESCRIBED ON AN.ALTA/ACSM:LAND TITLErSURVEY PLAT•AS RECORDED:IN:GIRCUIT;CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS ATPLAT RECORD 21006-18071, BEING A,. PART OF -THE SW174 OF THE NE 1/4 OF'SECTION 19, TOWNSHIP 16NORTH; RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY'DESGILIBED AS FOLLOWS: COMMENCING'FROM ATFOUND',IRON P:IN ON`THE EAST SIDE OF ONE IVIILE: ROAD:AS'SHOWN:ON PLAT.RECORDS2004 24333. AND DR34-53;.THATIS S02°15'33".1332.88 FEET FROM THE ALUMINUMMONUMENT MARKING' THENORTH QUARTER CORNER OF SAID SECTION 19;, THENCE ALONGTHENORTH LINE OF PLAT RECORD 3006-18071, S8'6°17'35.". 120.52 FEET; THENCE CONTINUING ALONG' SAID,NORTH;LINE;S87°05'00."E 1;1.60 FEET TO' THE POINT OF BEGINNING; THENCE CONTINUING ALONG. SAID ,NOR -TB :LINE S87°03`00"E' 13'5.00 FEET TO THE: NORTHEAST: CORNER OF 'PLAT RECORD 2006-18071; THENCE ALONG THE EAST LINE THEREOF S 13°02'49"E 129.40 FEET; THENCE LEAVING SAID EAS'T.LINE 373°06'i 2"W 1.5.03 FEET; THENCE N13°02'49"W 119.10 FEET; THENCE N87°05`00"W123:69 FEET- THENCE'N02°55'o0"E ;1a5.00`FEET'TO THE POINTDF.BEGINNING, CONTAINING. 3804.0 SQUARE":FEET OR.0.09,ACRES, MORE OR LES&. G:/077021-00/SUR/DESC/ESMT TO BE VACATED.doc JUN -20-2007 WED 07:38 AM I / UTILITY APPROVAL FORM EO)t RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY:: Q ZIP-f2..K SCLrt7f?— (f? -t! APPLICANT NAME: , flR ] J I I SK PPUCANT PHONE: REQUESTED V ACAT(O (applicant mast check ll that appl : eto Utility Easement Right-of-way For alley or streets and all utility easements located within the vacated right- of- way. Alley Street rightof-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows; General location / Address (reforring to attached document- must be completed") w• AI t. I _..:....- n� t1./..rI /_7 ,. _ "I ♦lo Ala . I.e %lnn.-Y (ATTACH legal description and graphic representation of what it being vacatedSURVEI9 UTILITY COMPANY COMMENTS: t.J No objections to the vacations) described above. • 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 met: Signatu Utility pony Representative Lead 54'lCt1�ck Title P. 02 Febmary 2006 Page 06/21/2007 13:26 47987 ..4 COX C0NSTRUCTIL PAGE 02/02 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: �-15- O / _ UTILITY COMPANY: APPLICANT NAME -tJ/V� REQUESTED VACATION (applicant must check Ml that appdv)t Utility Easement PH0NE_: 1bo23'/_fe7 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 (alley, easement, right-of-way), described as follows: General location 1 Address o (referring tattached document- must be completedM*) jUte /s (ATTACH legal description and graphic representation of what is being vacated-S'UR VE19 UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. • 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 met: l Signanirc of Utility Company Representative Title LI Fcbruaq 20X$ Pate S Jul. i9. 2002 9:54A14 Trans ROY? ?visa Rc.0a26 F. 2 Jun. 21. 2002 4:ICPh1 No. 3033 P. 1 UTILT Y APPJtQVAL FORM 0- FOR RIGHT- OF- WAY, ALLLY, AND a VTULYV EASEMENT VACATIONS o DATE: h-iS-a-i. UMTY COMPAXfl: r[}' Gii'6_t�_� ! yr APPUCANTMA)dr.'ST"r� �UF�•+ �S�WeI �PFUCANT exnuo _____8% PXQUESIFDVACATION(appfRaatr mart cheek tbmap34.) Uatity Lsz iii Rigpc Mavay for alloy ar &urea and ep utility w+r init ncacd u ibi [k w _- r I ripkr- ef- wry. Alloy S*cr ,L.d-way I ba abanoclified of the peddcm to .awle the fatloc tag (alley. eumaena riehr�f.wEy), drauAodn follow,: Geaenf lacatbn/Address Qefening m anubcd doclameot-moat be carvpleted"') ..Itd11vJ�'vxeA4/1a (ATTA CH (add do%retodan A d grephtr rapnnnndon '4 - at it being nnmta-Bull a21) IYIRT1"Y COMPANY COhMMEN TS: • Na obldxfoc+m Nc.aeaHoo(a)dcacanda6ove. • Tb obcna m the tmtioo() lambed abwc, p vidcd (alb.. g dmcnbrd oar^n• m mnioed (Slat tMJDClYaa.duncaaiaivmu. and wpoaklon.) • tbcb)enin.sprw'ided the folowiaadoo1Ji4ios are mn: cc 0 o li.rJ' Signanec dtity CmopamyRepraeoaatiae 1Y— rade roe. S U'1 LLitY A 14PROMA'L V01O1. : itli'l-I li t'I5ASI'AWN�f VACAT%O S:" [4 '' 7 iY ₹• *- 9 gfni.' i CZ ' a fij .} tr �'i4 6 /ST : _,s:•, .t'.. r y'- �j� (r``•. , ti ,rte ��O Uf LITY COMPANY. C✓.f APPLICANT NAM lGi I21:QULS"flit) VAC_A I ION (aj,jihtIa,afini₹st r it'cA i/Gihat app/r).." o -f, xa ra<a Utility Casement • . b s-Gf .$�'..fP•�v. 4 s•. -ti,`. t'�. Right-of-t'nv forailioy or grdid and all uiflRy eacrfhenk Inraicd a iibin (lit Alley 3}} 1 .. 4 ~ '•f F0.{i �`Y :t�� ' • a .� - ` .. 'may'.! 6'-/� . Street right-of-wa y ♦ I have been notified }f i1m priiifon I v fiaii i ie: fall iaiiti (a/fry. eawti I;iit of General location I Addresst[referritglt6 attached dobwnrnl- must bc'-cninplei'Gd ` ntr M y t. 'Nf.J(jJ.. �, , fig' j , gy{rIVi (ATTACH legal i(e• cnpririf earl gi t{j'tliic re t zenln/6 UTILITY COMPANY COMMENTS: - • No objections to the c+acation(s) described above. No objections to the ucflton{$) drsrsibdnbot+ . Tvovide8 fof1. the;location; dimcn roit5;:Llhd putjt Se bcloiv.js M+ S f t!• ed rtg, if- way. Tn -. }l 1 dcscrilicd 8 follecvs: 4 ;l✓- -.X11' t. , m • No objections piovidc_d tl'tt follu\siiig_cdiiilitions are met: w c (State. r ' 1 Y. -5 ♦ jY� �p S .� Signature of ility Com75nny ItcJi euiiinUvc f .. nn �1 2 r r C�Sa.� �]-�2 �'`J' "yr�:,�• ,,, ₹iGrJt v1'cr.£ "•`'f }' .. • Tiilc • UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 07/17/07 UTILITY COMPANY: Southwestern Bell Telephonedb.a. AT&T Arkansas REQUESTED VACATION: UTILITY EASEMENT have been notified of the petition to vacate the following right-of-way. Described as follows: Alt that part of.an existing easement located over a portion.of the north and east sides of a'tractof land as described on an ALTA/ACSM Land Title Survey Plat as recorded in the Circuit Clerk's office for Washington County, Arkansas, at Plat Record 2006.18071, being part of,the SW Y4:of the :NE¼ of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County ,Arkansas, andbeing. more particularly described as follows: Commencing from.a foundlion.pin on;the=eastside of 0ne.Mite Road as shown on Plat Records 2004-24333 and 0R3-153, that is,502' 15'33"W 1312.88 feet -from the: aluminummonument marking the north quartercomer of sald:5eclon 19; thence along the north, line of Plat Record 2006.18071, $8617'35'E 120.52. feet; thence,contihuing alongsaid north line 58705'00"E 11.60 feet to the Point of Beginning; thence continuing along said north line -587' 05'00"E 135.00'feetto the northeast comer of Plat Record 2006-18071;. thence along the eastafne thereof-S13`02'49"E 129.40 feet; thence leaving said east tine 573.06' 12"W 15.03 feet;. thence N13'02'49"W' 119.10 feet; thence N87'0500".W 123.69 feet; thence N02`55'009E 15.00 feet to the Polntof Beginning, cohtainifrg:3&M,.0, square feet or 0.09 acres, more or less. UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this form doss not constitute a refoase.of easement The affached Concurrence must be recorded at the Washington County: courthouse in order for: this release to be complete and legal. Signature of AT&T Company Representative: Lyn a E. Sommerfeldt Pal er. Mgr.-Engr. (ROW). at&t CONCURRENCE TO CLOSE A DEDICATED UTILITY EASEMENT BE IT KNOWN BY THESEPRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, hereby concurs in the vacation of•dedicated utility easemenfin •Fayetteville, Washington County, Arkansas, described as follows: All that part of an existing easement Located over a portion of the north and east sides of a tract of tand`as described on an ALTA/ACSM Land Title Survey Plat as recorded in the Circuit Clerk's office for Washington County, Arkansas, at. Plat Record 2006.18071, being part of the SW Y4 of the HE Y. of Section 19, Township 16 North, :Range 30 West, City of Fayetteville, Washington County, Arkansas, and. being more particularly described as fottowsi Commencing from a.found iron pin on the east side of One Mite Road as shown on PlatRecords 2004-24333and 0R3-153, that is S02 15'33"W 1312.88 feet from the aluminum monument marking the north quarter comer of said Section 19; thence along the north line of Plat Record 2006.18071, S86'te'35"E 120.52 feet; thencecontinuing north line S87'05'00"E 11.60feet to the Point of Beginning; thence continuing along said north line 58705.'00"E 135.00 feet to the northeast comer of Ptat Record 2006-18071; thence alongtheeast tine thereof 513'02'49"E 129.40 feet; thence leaving -said east tine 57306'12"W,15.03 feet; thence N13'02'49"W 119.10:feet; thence N8705'00"W 123.69feet; thence NO2'55'00"E 15.00 feet to the Point of Beginning,containing.3804.0 square feet or 0.09 acres, more or less. Signed and executed this t@-1 day of July, 2007. By:____________ an Davis Dir tor-Engineering/tonstruction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF' PULASKI, On this the.3 day of July, 2007, before me, the undersigned authority, dutycomniissioned and - qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly sworn, declaredthat he -Is the Director-Engineering/Constructionfor Southwestern Belt Telephone LP, -a Texas limited partnership, d.b.a. AT&T Arkansas, and that he executed the foregoing instrument as the act and deed of said company of hisown free will and for the purposes and considerations therein expressed and with due whereof I hereunto :set my hand and official seal. 'yllvV 1 Gt{t�p t; -prepared by AT&T Cj lJ sUC,/�+�-! topi; of, Room 941- LynaE. Public h &eldtPalmer Or�'y fte• 1t, AR 72201 (501-373-5255) Notary in Et for Faulkner Co., AR •" ••••••.•••' My commission expireAugus610,_2011 i UTILITY APPROVAL FORM FOR RIGIFI'- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE UTILITY COMPANY: V V V V APPLICANT NAME:_ APPLICANTPHONE: REQUES"I'I'.O VACATION (applicant must diedc all that apply): Utility Easement Right-of-way for alley or strecis and all utility easements located within the vacated right- of- way. Alley Strut right-of-%vay I have been notified of the petition to vacate the following (alley. easement. right-of-way), described as follows: General location I Address (referring re attached document- must be comp_letedtt) p A •• ME rx6 ahi /n7t(iar- Ahd, 71 i 1(�'i (A77AC'U legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objecions to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) "G fl -ec @vim S • No objections provided the following conditions are met: Signature of Utility Company Representative Tide F-dnvary 2rnM Page 5 i Y ot T({zr 0M04CS UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6-15-07 UTILITY COMPANY: Transportation Department APPLICANT NAME: Jeff Nicholas, Springfield Holdings Group, LLC APPLICANT PHONE:586-234-8687 REQUESTED VACATION (applicant must check all that apply): XX— Utility Easement 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 (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) **NEC 6° and One Mile (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: DNo objections to the vacation(s) described above. • 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 met: of Utility IWe ,�/� T' /tS4Gt '1 ►ut �" I s 11� " Vac f?bc3tflJtLL 676 e)Z 2'T UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6 - ICI -0-7 UTILITY COMPANY: Sp t. A wos4e APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): Utility Easement 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 (alley, easement, right-of-way), described as follows: General location I Address (referring to attached document- must be completed) •• ijnr#heas# Conner o -P (o'-" SF. h Ogle M'le Rd (ATTACH legal description and graphic representation of what is being vacatedSUR FE19 UTILITY COMPANY COMMENTS: objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements am retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: -A90. - \K Signature of Utility Compan3-Representative fl l\ --t c r iL 4. Title Febmary 2006 Page $ Urban Forester Conditions of Approval: OF $ho'rl 4�i G5V c --ws3 tC p 4 P,j 13,1ao} 12. Should the vacation of the existing utility easement along the north property line not be vacated by the City Council, the subject development shall be brought before the Planning Commission for approval of a major modification. The Urban Forester will make a recommendation based on the revised preservation percentage if the easement is not vacated. The easement vacation decision shall be final prior to issuance of a grading permit. 13. Mitigation is required in the amount of 15 (2) inch caliper, large species trees, which shall be planted on -site. 14. A 3 -year bond, letter of credit, or check in the amount of $3,750.00 shall be submitted to the City of Fayetteville prior to issuance of a Certificate of Occupancy. 15. At the time of construction drawings the landscape plan shall be stamped by a licensed landscape architect. Standard Conditions of Approval: 16. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 17. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 18. Any required trash enclosure shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Any additional dumpsters located on site shall be screened from the right-of- way. 19. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 20. All exterior lights shall be reviewed at the time of building permit submission for compliance with the Outdoor Lighting Ordinance. 21. Large scale development shall be valid for one calendar year. 22. Prior to building permit, a cost estimate for all required landscaping is to be submitted to K:IReports120071PC Reports108-13-07U SD 07-2633 (Walgreen's at One Mile Rd).doc 4- f VAC07-2688 WALGREENS @6TH AND ONE MILE RD Close Up View fa £ ♦ �' �KM pk nu rb� iR Y i YF rp '�E(�•%�.(!�_ f 'ry�Tiyy', J ✓ ti 4 4 nPY is `i i� n i+! "•rte i• �tS'y,A. Y'' ry -. m �, i r1r yCY L � Y , � � e� �. j( S� � ' ''.,9(�• pA f t YY.�(/ I • f'tl St Y� ^_�( { •{ C ,T-Fr�'h,r a`� �� �v�c�zi n i'� ( i:'�t ,a�� .l • f1' ° ' J -? 1 F "v^kF'��l '-1Y21 (- Y��4i `4.t it ic..�1 it .�_� • (f ! ar y l f'" SANDRA n -. �iNAyRP i, ;� Overview SUBJECT PROPERTY 0 0 37.5 75 750 225 300 Feet r4Y �t 1T';Y' at Klr. I 9.24.07 Clarice Pearman - Ords. 5060 thru 5062 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 9.24.07 3:51 PM Subject: Ords. 5060 thru 5062 Attachments: 5060 VAC 07-2688 Springfield Holding Group.pdf; 5061 R-PZD 04-01.00 Souther n View II.pdf; 5062 Amend 174.12 Wall Signs.pdf CC: Audit Jeremy: Attached are the above ordinance passed by City Council, September 18, 2007. Please let me know if there is anything else needed for these items. Have a good day. Thanks. Clarice RECEIVED SEP 28200? CITY OF FAYE(7EVIL(E Cf1Y0LERF180FF1C@ NORTHWEST ARKANSAS OtTION'i Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION _._ter-,�.__.` - - . _ .. - .--. _-.__—._....�- I, Kate MacNaughton, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of City of Fayetteville: Ordinance No. 5 06 0 Was inserted in the Regular Editions on: September 26, 2007 Publication Charge: $121.33 Subscribed and sworn to before me Thisa&day of , 2007. - ---. Notary Public' `� My Commission Expires: 2I2o1 2,at W$NOTE*" Please do not pay from Affidavit. Invoice will be sent. CATHY J. WI: Benton Cou My Commission Fehmary 20.• r Wednesday, September,26,-2007 MI ORDINANCE APPROVING LD VAC 07-2688 SUB- hyaevi leMILTED OP RTYNG C TE HAT THEFOR PROPERTY LOCATED AT THE CORNER OF 6th STREET (HWY 6EAS AND ONE THE OAR TO VACATE A UTILITY EASEMENT ON ARKANSAS THE SUBJECT PROPERTY. 1rNFJioA5h ref which hbtr Ne auMorfc undete purposes; ure ,§ s; an.1041a vacate Jbfc"�7ovht7s or WHEREAS, , thereof Co are of required for corporate purpng d and e 1w easement Is the t re required for has dderte par that Iha following described portion of the platted ual- Try krid corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: .. _ ,. • i Section 1: That the City Council of the Cityof Fayetteville, Arkansas hereby vacates and abandons the fdlowing described utility easement: R.:. See Exhibit'Battached hereto and made a pan hereof. Section 2 That a copy of this Ordinance duty certified by the City Clerk along with the map attached hereto and labeled Exhibit'A' shall be filed In the office of the Recorder of the County and record- ed in the Deed Records of the County, Section 3: That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until an conditions are mel herein. - ! 1. The proposed easement vacation shall apply 10 the 15' utility easementonly. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developers expense. PASSED and APPROVED this 18M day of September, 2007. APPROVED: - ATTEST DAN COODY, Mayor SONDRA SMITH, City Clar ITThas vp Exhibit'A' Is a map end may be viewed in the off of the City Clerk/Treasurer during normal busi- F ness hours, . EXHIBIT'B' VAC 07-2688 1 AN EXISTING EASEMENT LOCATED OVER A PORTION OF THE NORTH AND EAST SIDES OF A TRACT OF LAND AS DESCRIBED ON AN ALTA/ACSM LAND TITLE SURVEY PLAT AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2X)6- 4 18071. BEING A PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 19. TOWNSHIP 16 NORTH, i RANGE 30 WEST. CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: :E ALONG THE NORTH LINE OF PLAT RECORD 200&18071;58&01735.L 120.52 FEET; ;E CONTINUING ALONG SAID NORTH LINE S87°05'00'E 11.60 FEE' TO THE POINT OF NING; THENCE CONTINUING ALONG SAID NORTH LINE S87°05'00'E 135.00 FEET TO THE (EAST CORNER OF PLAT RECORD 2006.18071: THENCE ALONG THE EAST LINE ROF 513°0249E 129.40 FEET; THENCE LEAVING SAID EAST LINE 5730612W 15.03 THENCE N13°0249W 119.10 FEET; THENCE N87°05.00 -W 123.69 FEET; THENCE i IXYE 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3804.0 SQUARE FEET OR ORES, MORE OR LESS._