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Home My WebLink AboutOrdinance 5151 Doc ID : 012393920004 Tvoe : REL Recorded : 07/23/2008 at 01 : 38 : 22 PH _ Fee Amt : $30 . 00 Pace 1 of 4 Washlnoton Countv . AR Bette Stamos Circuit Clerk F11e2008-00024297 ORDINANCE NO, 5151 AN ORDINANCE APPROVING VAC 08-2916 SUBMITTED BY APPIAN CENTRE FOR DESIGN FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 6TH STREET AND HILL AVENUE INTERSECTION, TO VACATE VARIOUS UTILITY EASEMENTS AND RIGHTS-OF-WAY, WITHIN 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 easements and rights-of-way are 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 easements and rights-of-way: 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. 1 . An easement plat depicting rights-of-way and easements needed to serve the Hill Place R-PZD 08-2915 project, as required by all utility representatives, shall be dedicated prior to issuance of a building permit. The formal vacation of all easements and right-of-way as proposed shall not be accepted until this requirement has been met. 2. Relocation or damage to any existing utilities shall be at the owner/developer' s expense. 3 . More detailed drawings/exhibits showing easements and existing utilities to be vacated shall be provided to the satisfaction of utility companies. Page 2 Ord. 5151 PASSED and APPROVED this 151 day of July, 2008. ZY pF .SOWS FAYETTEVILLE ; APPROVED: ATTEST: egR y ,kANS . J GTON G�.``. By: DAN COODY, Mayor SO DRA E. SMITH, City Clerk/Treasurer EXHIBIT "All 290 100 0 100 200N-N 71w e v.ur ,.ul � 1,,;,,,° °^• GRAPHIC SCALE IN = 100 � �f'- .� •� v / gllV J ,III M ` r III R � I I•� DETAIL 1 N ei a NN r7 M pp r 'ter \�.' �. • / 9 4 p f JISE � .. I mmv M m A N '-_•_-'--'i __— oWy\rll ' .�y..•j � W � mn .nom, II I -1 F-••----- •-l.._. _ _ _ ._. , ,Err I •---- DETAILS ARE DRAWN ATA 50' SCALE 1:7 NNI Lso o so too DETAIL 5 .i TAIL 46 DETAIL 3 ETAIL 2 N CRAPKIC t DEVELOPMENT CONSULTANTS INCORPORATED 2 G g EASEMENT AND RIGHT OF WAY VACATION EXHMFT MAP: a �` S €B O 8 ASPEN RIDGE. FAYETTEVILLE. WASHINGTON COUNTY• AR i i gal L EXHIBIT "B" VAC 08-2916 ALL EASEMENTS AND RIGHTS OF WAY DEDICATED ON THE EASEMENT/RIGHT- OF-WAY DEDICATION PLAT OF PART OF SECTIONS 16 & 213 T- 16N, R-30-W PREPARED FOR ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED AT PLAT 23-308, LESS AND EXCEPT THE FOLLOWING: 1) EASEMENTS LYING WITHIN TRACT 2; 2) EASEMENTS LYING WITHIN TRACT 4; 3) THE TREE PRESERVATION EASEMENT; 4) RIGHT-OF-WAY DEDICATED ALONG THE WEST SIDE OF HILL AVENUE; 5) RIGHT-OF-WAY OF WYNSTONE DRIVE; 6) RIGHT-OF-WAY OF ROYAL OAK PARKWAY FROM 6TH STREET SOUTH TO THE SOUTHERLY LINE OF WYNSTONE DRIVE EXTENDED WESTERLY TO INTERSECT WITH THE WESTERLY LINE OF ROYAL OAK PARKWAY; 7) 20' UTILITY EASEMENT LYING ADJACENT TO AND NORTHEASTERLY OF THE TREE PRESERVATION EASEMENT; 8) 20' ACCESS EASEMENT AND UTILITY EASEMENTS LOCATED IN THE VICINITY OF GRACEWOOD DRIVE; 9) ALL EASEMENTS LYING ALONG THE EXTERNAL BOUNDARIES THAT ARE ADJACENT TO OTHER PRIVATE PROPERTIES. WITH ALL VACATED EASEMENTS AND RIGHTS-OF-WAY BEING SHOWN ON PAGE V-2 AND WITH BEARINGS AND DISTANCES OF LINES AND CURVES SHOWN ON PAGE V-3 OF THE ATTACHED EXHIBIT MAP. NOTE THAT ALL ADDRESSES ON THE ADDRESS TABLE AS SHOWN ON SHEET 2 OF THE EASEMENT/RIGHT-OF-WAY DEDICATION PLAT OF SECTIONS 16 & 21 , T- 16-N, R-30-W PREPARED FOR ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED FOR RECORD AT PLAT 23-308 AND AS SHOWN ON THE AMENDED EASEMENT DEDICATION AND AFFIDAVIT OF SCRIVENERS ERROR FILED FOR RECORD AT LAND DOCUMENT 2006- 19048 ARE ALSO VACATED. r n Washington County, AR I certify this instrument was filed on 07/23/2008 01 :38:22 PM and recorded in Real Esta File Number 2008-00024 7 Bette Stamps - Circuit C rk Eby City of Fayetteville 711%ay Staff Review Form 615 City Council Agenda Items or V U l Contracts Hill Pfop 1 -Jul-08 mq City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 08-2916: (Hill Place, 561 ): Submitted by Appian Center for Design for property located at the southwest corner of 6th Street and Hill Avenue intersection. The request is to vacate a portions of utility easements and rights-of-way on the subject property. $0.00 n/a n/a Cost of this request Category/Project Budget Program Catego / 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 Departme t DirActor — Date Original Contract Date: n/a Original Contract Number: n/a orney Received in City ClerKs Office %P" Q 6 - 1c -og I V4a � Finance and Internal Service Director Date Received in Mayor's Office IT Mayor`s Date Comments: City Council Meeting of July 1 , 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations ��yy From : Jeremy C. Pate, Director of Current Planning b` Date : June 10, 2008 Subject: Easement and Right-of-Way Vacation for Hill Place (VAC 08-2916) RECOMMENDATION Staff and the .Planning Commission recommend approval of an ordinance vacating a portion of a right-of-way and utility easements on the subject property. BACKGROUND The 27. 10-acre property is located on the south side of 6'h Street, west of Hill Avenue, east of the Arkansas-Missouri railroad. This site was most recently designed and approved under die name Aspen Ridge. The Aspen Ridge Residential Planned Zoning District was approved for this site in January 2005, for 220 attached residential units. Much of the street and utility infrastructure for Aspen Ridge has been installed and approved by the City, however, for various reasons, building permits were never obtained for the project and the approval expired. The applicant has now obtained approval for the Hill Place R-PZD project for 288 multi-family residential units. This project will utilize much of the existing street and utility infrastructure, however, the applicant is requesting many of the existing easements and rights-of-way on the property be abandoned, and new casements and right-of-way dedicated with the Hill Place development. This is in large part due to the new site layout, while retaining as much existing infrastructure as possible. DISCUSSION Notification was provided to all appropriate utility representatives and to the City with no objections to the requested casement and right-of-way vacation. This item was heard at the regular Planning Commission meeting on April 14, 2008 and forwarded by vote of 7-0-0 to recommend this vacation request to the City Council . BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 08-2916 SUBMITTED BY APPIAN CENTRE FOR DESIGN FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 6111 STREET AND HILL AVENUE INTERSECTION, TO VACATE VARIOUS UTILITY EASEMENTS AND RIGHTS-OF-WAY, WITHIN 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 easements and rights-of-way are 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 easements and rights-of-way: 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 . I . An easement plat depicting rights-of-way and easements needed to serve the Hill Place R- PZD 08-2915 project, as required by all utility representatives, shall be dedicated prior to issuance of a building permit. The formal vacation of all easements and right-of-way as proposed shall not be accepted until this requirement has been met. 2. Relocation or damage to any existing utilities shall be at the owner/developers expense. 3 . More detailed drawings/exhibits showing easements and existing utilities to be vacated shall be provided to the satisfaction of utility companies. Page 2 Ord. PASSED and APPROVED this day of ) 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City CIcrk Treasurer EXHIBIT "'Aly Zoo loo 0 loo 200 GRAPHIC SCALE 1 " = 100' r - Rim rr -•h Alf AMM A, omMum r DETAIL 1 Ng / ' rl " hMM Am 1 j li amuw,w ^;I I AllM m tF I II /t�Sh 0 3 1 , else i AMEN At CMM� It :F lVe1AM / d z —" mh1. G y s'Oal V N ♦a� �'m 'l � P 1 !rg OEiaLS ARE DRax'k al a v0' ]CLCNiN N l�§ DETAIL 5 V., DETAIL 4 I5 DETAIL 3 DETAIL 2 cRaRnlc scaLc 1 = so DEVELOPMENT - CONSULTANTS INCORPORATED / _ EASE m ' EASEMENT AND RIGHT OF WAY VACATION E%MIBIT MAP: 1 co ' 'o w ' O� ASPEN RIDGE, FAYETTEVILLE, WASHMGTON COUNTY, AR o s K a IMF oZ , V EXIIIBIT `B" VAC 08-2916 ALL EASEMENTS AND RIGHTS OF WAY DEDICATED ON THE EASEMENT/RIGHT- OF-WAY DEDICATION PLAT OF PART OF SECTIONS 16 & 21 , T- 16N, R-30-W PREPARED FOR ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED AT PLAT 23-308, LESS AND EXCEPT THE FOLLOWING : 1 ) EASEMENTS LYING WITHIN TRACT 2; 2) EASEMENTS LYING WITHIN TRACT 4; 3) THE TREE PRESERVATION EASEMENT; 4) RIGHT-OF-WAY DEDICATED ALONG THE WEST SIDE OF HILL AVENUE; 5) RIGHT-OF-WAY OF WYNSTONE DRIVE; 6) RIGHT-OF-WAY OF ROYAL OAK PARKWAY FROM 6TH STREET SOUTH TO THE SOUTHERLY LINE OF WYNSTONE DRIVE EXTENDED WESTERLY TO INTERSECT WITH THE WESTERLY LINE OF ROYAL OAK PARKWAY; 7) 20' UTILITY EASEMENT LYING ADJACENT TO AND NORTHEASTERLY OF THE TREE PRESERVATION EASEMENT; 8) 20' ACCESS EASEMENT AND UTILITY EASEMENTS LOCATED IN THE VICINITY OF GRACEWOOD DRIVE ; 9) ALL EASEMENTS LYING ALONG THE EXTERNAL BOUNDARIES THAT ARE ADJACENT TO OTHER PRIVATE PROPERTIES. WITH ALL VACATED EASEMENTS AND RIGHTS-OF-WAY BEING SHOWN ON PAGE V-2 AND WITH BEARINGS AND DISTANCES OF LINES AND CURVES SHOWN ON PAGE V-3 OF THE ATTACHED EXHIBIT MAP. NOTE THAT ALL ADDRESSES ON THE ADDRESS TABLE AS SHOWN ON SHEET 2 OF THE EASEMENT/RIGHT-OF-WAY DEDICATION PLAT OF SECTIONS 16 & 21 , T- 16-N , R-30-W PREPARED FOR ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED FOR RECORD AT PLAT 23-308 AND AS SHOWN ON THE AMENDED .EASEMENT DEDICATION AND AFFIDAVIT OF SCRIVENERS ERROR FILED FOR RECORD AT LAND DOCUMENT 2006- 19048 ARE ALSO VACATED. Ta, e PC Meeting of April 14, 2008 Afl KANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Andrew Garner, Senior Planner Malt Casey, Assistant City Engineer THRU : Jeremy Pate, Director of Current Planning DATE: A�- 'P °moo Updated April 15 1008 VAC 08-2916: (HILL PLACE, 561 ) : Submitted by APPiAN CENTER FOR DESIGN for property located at THE SW CORNER OF THE 6TH STREET AND HILL AVENUE INTERSECTION . The property is zoned R-PZD, RESIDENT. PLANNED ZONING DIST. ASPEN RIDGE and contains approximately 27. 10 acres. The request is to vacate various utility easements and right-of-ways within the subject property. Planner: Andrew Garner Findings: Property Description and Background: The 27. 10-acre property is located on the south side of 6'I' Street, west of Hill Avenue, east of the Arkansas-Missouri railroad. This site was most recently designed and approved under the name Aspen Ridge. The Aspen Ridge Residential Planned Zoning District was approved for this site in January 2005. This approval rezoned the property from RMF-24 to R-PZD 04- 1307 (Aspen Ridge). The Aspen Ridge project was approved for 220 attached residential units with an overall density of 7.87 units/acre. Much of the street and utility infrastructure for Aspen Ridge has been installed and approved by the City, however, for various reasons, building permits were never obtained for the project and the approval expired. The applicant now proposes the Hill Place R-PZD project for 288 multi-family residential units. This project will utilize much of the existing street and utility infrastructure, however, the applicant is requesting many of the existing easements and rights-of-way on the property be abandoned, and new easements and right-of-way dedicated with the Hill Place development. This is in large part due to the new site layout, while retaining as much existing infrastructure as possible. Request: The applicant is requesting to vacate a large portion of the right-of-way and easements dedicated as part of the Aspen Ridge development, in order to allow the development of the Hill Place R-PZD on the property. Some of the easements and right- of-way will be retained for use as part of the Hill Place project. An exhibit showing the proposed vacated areas has been provided by the applicant and is attached to this report. The applicant has submitted the required notification forms to the utility companies and KA Repons\2008\PC Reports\07-April 14wAC 08-2910 (Hill Place)-Am to the City with the result summarized below- UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No objections; damage/relocation of existing facilities at owner/developer' s expense. Southwestern Electric Power Company No objections; damage/relocation of existing facilities at owner/developer' s expense, to be paid prior to relocation. Arkansas Western Gas No objections provided new easement plat is dedicated and relocation of existing facilities at owner/developer' s expense. AT&T Arkansas No objections provided legal descriptions of easements to be vacated are provided and any damage/relocation of utilities at owner/developer' s expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections provided that easements are retained for Main Collector along Town Branch Creek. Existing water and sewer in the development needs to be retained until new plans are approved. Need more detailed drawing showing areas/lines to be vacated. Transportation No Objections Solid Waste No Objections Recommendation : Staff recommends forwarding VAC 08-2916 to the City Council with a recommendation of approval to vacate the right-of-way and easements as depicted herein with the following condition : 1 . An easement plat depicting rights-of-way and easements needed to serve the Hill K:\Repons\2008\PC Reports\07-April WVAC08-2916 (11ill Place).doc Place R-PZD 08-2915 project, as required by all utility representatives, shall be dedicated prior to issuance of building permit. The vacation of all easements and right-of-way as proposed shall not be accepted until this requirement has been met. 2. Relocation or damage to any existing utilities shall be at the owner/developer's expense. 3. More detailed drawings/exhibits showing easements and existing utilities to be vacated shall be provided to the satisfaction of utility companies. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: April 14, 2008 Motion: Lack Second: Cabe Vote: 7-0-0 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Date K:\Rcpons\2008\PC Rcpoas\07-April 14\VAC 08-2916 (11111 Place).doc UTILITY EASEMENT AND RIGHT-OF-WAY VACANT PETITION A PETITION TO VACATE utility easements and two (2) street right-of-ways in the existing Aspen Ridge PZD Development, City of Fayetteville, Arkansas, TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate encompassing the utility easements and right-of-ways hereinafter sought to be abandoned and vacated, lying in Aspen Ridge PZD Development, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate utility easements and right-of-ways which are shown on the attached exhibit "A" sheet 1 & 2, which are part of the recorded Easement/Right-of-way Dedication Plat filed in Plat Page #522/561 in the Washington County Recorders office and attached hereto. That, to the best of our knowledge, the abutting real estate affected by said abandonment of the utility easements and right-of-ways as shown on the attached Exhibit "B" —Property Ownership Map in the City of Fayetteville has not been used by the public for any length of time, and the public' interest and welfare would not be adversely affected by the abandonment of the portions of the above described utility easements and right-of-ways. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estates, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for use of said utility easement and right-of-ways. Dated this 30 day ofU_y.Q_CA , 2008 Signatures UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: 1/17/2008 Utility Company: Cox Communications Applicant Name: Appian Center For Design REQUESTED VACATION (applicant must check all that apply): Applicant Phone: 479-442-1444 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") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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: Developer must pay for relocation of existing facilities. With the requested U.E. vacancy it will cost $27,166.00 to relocate. r Company Representative ruction Surveyor Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: cy (2T& Utility Company: j� f 6 e� l Vg-lf, Gas Applicant Name: (J AL Applicant Phone: '7-i;- g3at f'1 -� REQUESTED VACATION (applicant must check all that apply): ETUtility 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**) (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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: Signature of Utility Company Representative Title Page 5 f1Arkansas Western Gas w Company A subsidiary of Southwestern Energy Company January 23, 2008 Appian Certre For Design 217 E. Dickson Suite.#104 104 Fayetteville, AR 72701 Re: Aspen Ridge Subdivision South Hill Street and West 6° Street Dear Sirs: 1001 Sain Street P.O. Box 13288 Fayetteville, Arkansas 72703-1002 (479) 521-5400 FAX: (479) 582-4747 www.awgonline com Arkansas Western Gas Company has been informed of a request to redo the plat for the above referenced subdivision. Following the formal approval of the new plat and new utility easements, Arkansas Western Gas will relocate our facilities that are no longer located in a utility easement. The cost of the relocation will be the sole responsibility of the Developer over the project. Before work begins, Arkansas Western Gas will require a signed contract and a check in the amount of the relocation estimate. The contract and check will follow our Companies guidelines for a relocation or extension agreement. Sincerely, Steven R. Bandy Fayetteville Assistant Operating Manager UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: as Utility Company: A'-i .tee Applicant Name: 2Ce. fQf9.rfl A5 Applicant Phone: ila Y& -z iIT3 REQUESTED VACATION (applicant rnust 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 / Address (referring to attached document- must be completed**) (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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.) . f(vEc 4C.a€4+E0 - ry No objections provided the following conditions are met: Signature of Utility Company Representative Title Page 5 i► •' SOUTH1WESTERN ELECTRIC POWER® January 28, 2008 James Gibson, RLA Design Team Leader Appian Center for Design 217 E. Dickson St., Ste 104 Fayetteville, AR 72701 Dear Mr. Gibson You have requested that AEP vacate the existing utility easements in the Aspen Ridge development located off Hill Street in Fayetteville, AR. In order for us to release these easements we will need to remove the existing facilities that are located in these easements at the cost of $91,001.38 to be paid in full by the developer prior to us signing any vacation documents. Please note that the developer will be required to pay the difference in cost between the overhead versus underground distribution difference for the new distribution system and any amount that does not revenue justify. Please do not hesitate to contact me if you have any questions. I can be reached at (479) 973-2333. We appreciate your business and look forward to working with you. Sincerely, AEP-SOUTHWESTERN ELECTRIC POWER Ronald R. Bertram Distribution Design Engineer I 101 W Township Rd, Fayetteville, AR. 72703 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: 1 —a5 -6R Utility Company: Sni% WgS4e -E RPCvC I na Applicant Name: Q7t .ss!_ _ F 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 / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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: Signature of Utility � Cnn ompany Representative TC W 0 c�A' J ,1 i l —OM L Title Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: Si- Z 2' - O 8 Utility Company: Applicant Name: Applicant Phone: 'If, 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- wa)F- 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**) (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: I Itle Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: f�31�0g Utility Company: 6 in do S Cfe clrlc Applicant Name: I-pz(Q,y 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. O Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right -o( -way), described as follows: General location / Address (referring to attached document- must be completed") /i4/l P1a ce (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: INo 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: Signature &Thflity Company Representative O Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: 2- •)- O S Utility Company: \n o . \t.&_ \,4L -1 Jo_a� Xf Applicant Name: trtq yt ,C�.y f.Qc Applicant Phone: !.alp. Ig4•G, 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 / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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.) Mn nhinrfinne nrnvi.iarl the fnllnwina rnndilinns are met Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: Utility Company: LCJ'LC_ /(PT Applicant Name: FlA(.F, G�>� Y�z AI (,J i Applicant Phone: 44- (, 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 / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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: ca e -c K iU� � wt /h( (�- S(� Signature of Utility Company Representative Title Page 5 James Gibson From: CLOUSER, SUSAN K (AlTTSWBT) [sc9783@att.com) Sent: Monday, February 04, 2008 11:02 AM To: James Gibson Subject: RE: Aspen ridge utility easement and ROW vacation James, I have submitted your vacation request to our ROW department. We have no objection to and will grant the requested vacations on this project. As we discussed at&t requires a written legal description of all utility easements to be vacated. Once this is received our paperwork will be completed and forwarded to you. When you receive the completed paperwork from at&t it will be your responsibility to file documents at the Washington County courthouse. As always any existing facilities damaged or needing relocation will be at the owner developer's expense. Best regards, Sue Clouser > Susan K. Clouser > Manager Design Eng. > 479.442.3107 O_ z f 4 >< xz °p Wa u& O J W zu z n'ja°<z JI J 0 4 - a ` u p Z o ua Z OJ bi. J W Ir z •m > av IN} Lnpk I I. r vu F ^v to X 2 z U z •JU0 W W Y n p Z Z a T e a 6 W U U iO. A s V1 Q sO> J W < < Q n n n D 0 141 MLMIE o 8 uiI �N tl� ♦ •J •. f ♦ �YC 1I:ilfify ♦\ `� ji RPZD08 2915 HILL PLACE One Mile View yg�� Lr HJ l5 LL .D- x a �f.. 1 {�11F..3 isF �. NTAZD R$Fd G j n ] l5 s`!i c.:°P ijx LHAYr- d rPr6YPRXFi�_ NirK VlFayyy}E •a O C k SCE duj }CV -1 n2�0_ fMAKHAM R2 u' C�5 '.- y, -t .. 4ll"`; '�-! r ? �yq�'i- �� 3�2 _ RPLZOt UC Z < -r rirDr� a "v a 1 1a1 AClEY 22 '{ PH-} i1 X0.1 "a -r._ ^I CI'Lvr1MJ1 -t.a aa,k�$d 2." O RSF - t NTH RSFdw.R- J t i yr E "`� 1 rac �ja [ �1 F .,G; 4 1S Ir2R y` < iS i-,"' 'xt7 ✓ 1iYG �' T�?F x RIA�➢<` $5I . 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JI p 'SN}Sur `fa YAsliy i[ssir ;i;r C j $ IC) —:n Rlit• 4'A "• Y>ii'n �, !'Nr ijC .iy FCFN CIR 2 u C' 2Y N'i j ' mt _ RSFJc o a r YVLE D[t u'.S - RA 'fP i tiL' r F J i DpldFll z*; ' i i� Y`• RLF-14 y�. �� k i �,. 1- r Rar 'J Wls-2} froir''ig><rYr m^f6 ri `#8c+ �, e �a lyl s,l.: p t.. 1 ,- �' 5"Flitj tr _.. �z4 . '•.-, r i a^& � . t 4 :.a rn Yl. fUR1d MF26 s -r SF—. n.L-. R�uT� s Overview Legend Boundary Subject Property '-%., Planning Area *;lt RPZD08-2915 Overlay District .. 0uts'Ide Cily Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 M les o- p{� 1 1 vsI {( f♦ 1 S e. % i!j 9 Zv 1?�lµ' !' . h4I Off.( 1 A iii>S i g1N s i. 4 d 1�2 � I ,n a v. . I v ✓Ste t. 1. �TL•i♦ r �:. _ � �t'n IJ • }L ��F 1v ati'i�i.'V�`u MH zn 91 M u F i .l +yr.%Utz aMiv I 6 • ♦ : ) U i itv. "• S. ? _ :- I• S t l V E fl } p. { h7. E M i q •' '1♦ 3" i 1 Ift i w- • i Yt a1•iYC q s nBYa v ♦ '.e e a f c •fY 5.J! ha�: i t _ r . 7 vv �� !4l_e•35 �p' _�� it S .d • ( may[ t �fll 1 1 11 ...YSVi n9 6EF •- --r R •" ryy�. • r: rat( Y Wtl. :• �1 f RPZD08-291 HILL PLACE Close Up View SUBJECT PROPERTY 4 ({ ',. --z1t; ?.r E rf `% r? t•.T �'- 'y , 4vAfW'41$ frMAiPIDHz gy'`k�i «��,xy u+,D' .k ...i}� �1 eK �"71 �i i 4R LLs��WY b •— � Overview d...... 0 125 250 500 750 1.000 'V_.. feet (7.3.08) Clarice Pearman - Ord. 5151 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 7.3.08 3:29 PM Subject: Ord. 5151 Attachments: 5151 VAC 08-2916 Hill Place.pdf CC: Audit; GIS Jeremy: Attached is a copy of the above ordinance passed by City Council, July 1, 2008. Please let me know if there is anything else needed for this item. Have a good and safety weekend. Thanks. Clarice NORtHVIEST ARKANSAS EDITION Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am 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 5151 July 11, 2008 Publication Charge : $147.70 Subscribed and sworn to before me This /S day of Q 1 , 2008. Notary Public _ My Commission Expires: 71'la.� � a 0/at Do not pay from Affidavit, an invoice will be sent NO. 5151 AN ORDINANCE APPROVING VAC 08-2916 SUB- MITTED BY APPIAN CENTRE FOR DESIGN FOR PROPERTY LOCATED AT THE SOUTHWEST COR- NER OF 6TH STREET AND HILL AVENUE INTER- SECTION, TO VACATE VARIOUS UTILITY EASE- MENTS AND RIGHTS -OF -WAY. WITHIN THE y the City Council has the authority under A.C.A. § 14.54-10410 vacate public grounds erect v4 ch are not required for corporate purposes; and the City Council has determined that the fotbving described portion of the platted u81 - and rights -of -way are 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 easements and rights -or -way: See Exhibit -Battached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly candied by the City Clerk along with the map attached hereto and labeled Exhibit OA' 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 fellows, and shall not be in effect until all conditions are met. 1. An easement plat depicting rights -of -way and easements needed to serve the Hill Place R-PZD 06-2915 project, as requited by all utility representatives, shall be dedicated prior to issuance of a building permit. The formal vacation of all easements and rigMN-way as proposed shall 001 be accepted until this requirement has been met. 2. Relocation or damage to any existing utilities shall be at the owner/developer's expense. 3. More detailed drawinga/exhiblts showing easements and existing utilities to be vacated shall be provided to the satisfaction of utility companies. PASSED and APPROVED this let day of July. 2008. APPROVED: ATTEST: By: BY: DAN COODY, Mayor SONDRA E. SMITH, City CI.*Rraafunr Exhibit A Is a map and may be viewed in the Office of the City ClerkJTreasurer during normal busi- EXHIBIT O6O VAC 08-2916 S OF WAY DEDICATED ON THE EASEMENT/RIGHT-OF-WAY DEDI- ECTIONS 16 & 21. T -16N. R -30-W PREPARED FOR ASPEN RIDGE AS SHOWN ON PLAT FILED AT PLAT 23-308. LESS AND EXCEPT 1) EASEMENTS LYING WITHIN TRACT 2; 2) EASEMENTS LYING WITHIN TRACT 4: 3),THE TREE PRESERVATION EASEMENT 4) RIGHT -CF -WAY DEDICATED ALONG THE WEST SIDE OF HILL AVENUE; 5) RIGHT-OF-WAY OF WYNSTONE DRIVE; 6) RIGHT-OF-WAY OF ROYAL OAK PARKWAY FROM 6TH STREET SOUTH TO THE SOUTHERLY, LINE OF WYNSTONE DRIVE EXTENDED WESTERLY TO INTERSECT WITH THE WESTERLY UNE OF ROYAL OAK PARKWAY; 7) 20' UTILITY EASEMENT LYING ADJACENT TO AND NORTHEASTERLY OF THE TREE PRESER- VATION EASEMENT; 8) 20' ACCESS EASEMENT AND UTILITY EASEMENTS LOCATED IN THE VICINITY OF GRACE - THE EXTERNAL BOUNDARIES THAT ARE ADJACENT TO OTHER PRIVATE PROPERTIES. WITH ALL VACATED EASEMENTS AND RIGHTS -OF -WAY BEING SHOWN ON F BEARINGS AND DISTANCES OF LINES AND CURVES SHOWN ON PAGE V-3 EXHIBIT MAP. NOTE THAT ALL ADDRESSES ON THE ADDRESS TABLE AS SHOWN ON SHEET 2 OF THE E MENT RIGHT-OF-WAY DEDICATION PLAT OF SECTIONS 16821. T -16-N, R -30-W PREPARED ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED FOR RECORD AT 23-308. AND AS SHOWN ON THE AMENDED EASEMENT DEDICATION AND AFFIDAVI' SCRIVENERS ERROR FILED FOR RECORD AT LAND DOCUMENT 21X16-19048 ARE ALSO'VA ED. ft