HomeMy WebLinkAboutOrdinance 5211 I IIIIIIIIINIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIII�IIIII
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Recorded ; 01/26/2009Doc ID : 0atT1fe47R24 AM
Fee Amt : $30 . 00 Page 1 of 4
Washington County . ARBette n /�
MO5 Circuit Clerk
Fl1e2009_00002520
ORDINANCE NO, 5211
AN ORDINANCE APPROVING VAC 08-2982 SUBMITTED
BY NORTHSTAR ENGINEERING CONSULTANTS, INC. FOR
PROPERTY LOCATED NORTH OF MAINE STREET,
BETWEEN SANG AVENUE AND CROSS AVENUE TO
VACATE A PORTION OF AN ALLEY, A TOTAL OF 0.21
ACRES, IN ORDER TO DEVELOP THE MARKHAM HILL
COTTAGE COURTS.
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 alley 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 alley:
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 . The alley shall not be vacated until new streets and easements for the Markham Hill Cottage
Courts project have been dedicated by easement plat to the satisfaction of utility companies
and the City.
2. Relocation of any existing facilities will beat the owner/developer' s expense.
Page 2
Ord. 5211
R1UTR ''�..
Y �F
PASSED and APPROVED this 6th day of January, 2009. `�• c?� .Gp -
AP ;NtLD
ED ATTEST: - ; FAYETfEVILLE ;
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(��An'�'s�' 6940
'�,;;�GTON ;;o`'���
By: By: aza, e N/ � uuuo�„
JORD , Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A..
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EXHIBIT "B"
VAC 08-2982
BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF BLOCK 1 , WEST END
ADDITION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, THENCE
NO2041 '08"E 15 .00 FEET, THENCE S88019147"E 600.00 FEET, THENCE S02041 '08"W 15 .00
FEET, THENCE N8801914711W 600.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.21 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT OF WAYS OR
EASEMENTS OF RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
01/26/2009 11 :47:24 AM
and recorded in Real Estate
File Number 2009-00002520
Bette Stamps - Circuit Clerk
by W
RECEIVED
JAN 2 0 2009
Arkansas Democrat azeW CCnYITY OCLERKS OFF(CELE
Northwest Arkansas Times
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 5211
January 13 ,2009
Publication Charge : $ 1"0'7.60
Signed: ___ )L&�i_
Subscribed and sworn to before me
This 13 day of Aa�u �a� � 2009 .
Notary Public
My Commission Expires: �h?a G ,2o /,7,
/ ETM q. /q
Do not pay from Affidavit, an invoice will be sent GpMM. F+7�
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RECEIVED
JAN 2 0 2009
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO. 5211
AN ORDINANCE APPROVING VAC 06-2982 SUB- .�
MITTED BY NORTHSTAR ENGINEERING CONSULT-
ANTS,
ONSULT-
ANTINC. FOR PROPERTY ERLOCATED NORTH OF /� 1
MAINE STREET, BETWEEN SANG AVENUE AND y GY G
CROSS AVENUE TO VACATE A PORTION OF AN
ALLEY, A TOTAL OF 0.21 ACRES, IN ORDER TO ARKANSAS
DEVELOP THE MARKHAM HILL COTTAGE
COURTS. �
WHEREAS, the City Council has the authon'ty under A.CA. § 1454-104 to vacate public
grounds a portions thereof which'em not requked for corpomle purposes; end
WHEREAS, the City Council has determined that the following described portion of the plat.
ted alley Is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRT OF
FAYETTEVILLE, ARKANSAS- � f :
Sao on-]; That the City Council of the City of Fayettewl7e, Arkansas_ her y acatBS and aban-
dons the fotloiving described alley:Sae ExNWt 'B' attached hereto and made a pad hereof.
Section2: That a copy of this Ordinance duly cerafia0 by the City Clerk along wllh the map
attached hereto and labeled Exhiba 'A' shall be filed in the office of the Recorder of the County
and recorded In the Deed Records of Rile County.,
I
Section 0: That this vacation approval is subject lathe Conditions of Approval as follows, and
shall not be In effect until all conditions are met. I .
1. The alley shall not be vacated until new streets and easements for the Markham Hit Cottage
Courts project have been dedicated by easement plat to the satisfaction of utility companies and
the City. - -
2. Retocatlon of any existing facilities will be at the ovner/tlevebpers expense.
PASSED and APPROVED this 6th day of January, 2009. ,
APPROVED: ATTEST -By: By,.
LIONELD JORDAN, Nayar SONDRA E. SMITH, City ClerkAF wwvni r I
Exhibit A is a map and my be viewed In the office N the Fayetteville City Clerkgreasurer during
normal business fours.
EXHIBIT 'B"
VAC OB•1B8__� �
BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF BLOCK 1, WEST END ADDITION.
FAYE TEVILLE, WASHINGTON COUNTY;ARKANSAS, THENCE N02041'OB'E715.00 FEET.7HENCE
S88°19'4TE 600.00 FEET, THENCE S02641'08V 15.00 FEET THENCE NBB°19'4TW 600.00 FEET
TO THE POINT OF BEGINNING, CONTAINING 0.21 ACRES, MORE OR LESS, SUBJECT TO ANY
RIGHT OF WAYS OR EASEMENTS OF RECORD OR FACT
OeD
City of Fayetteville Staff Review Form
City Council Agenda Items
and ' /
Contracts, Leases or Agreements VRC 08A8a
12„ 6,2008 I��I��alJr¢k�Nhw All
City Council Meeting Date LJJ C/
�pp Agenda Items Only
Jeremy Pate O' Planning Operations
Submitted By Division Department
Action Required:
VAC 08-2982: (Markham Hill Cottage Courts, 520): Submitted by Northstar Engineering Consultants, Inc. for
property located north of Maine Street, between Sang Avenue and Cross Avenue. The request is to vacate an alley
on the subject property.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached Q
-1 '&e) Previous Ordinance or Resolution #
Department Dir ctor Date
Original Contract Date:
2.6- c Q Original Contract Number:
City Attorney Date
Received in City
TJ
(Z ^ ,9,\ \ l � l ' 6 $ Clerk's Office
Finance and Internal Service Director Date 1 b
Received in 2
Mayor's Office
Mayor 1 J� Date
Comments:
Revised April 16, 2007
City Council Meeting of December 16, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: November 25, 2008
Subject: Alley Vacation for Markham Hill Cottage Courts PZD (VAC 08-2982)
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance vacating a portion
of the alleys on the subject property.
BACKGROUND
The subject property consists of approximately 2. 54 acres located north of Maine Street
and west of Cross Avenue, less than 0.25 mile west of the University of Arkansas
Campus. The Markham Hill Cottage Courts project (R-PZD 08-2980) was approved by
the City Council on August 19, 2008 for 18 single family and 5 two-family cottages (28
units total).
There are existing 15-foot alley rights-of-ways that traverse east-west through the project
site. In order to construct the Markham Hill Cottage Courts development the applicant
proposes to abandon portions of these alleys (0.30 acres) as indicated on the submitted
exhibits. These alleys were discussed during the PZD review process, and required to be
vacated prior to issuance of building permits.
DISCUSSION
Notification was provided to all appropriate utility representatives, the City, and adjacent
property owners with no objections to the requested alley vacation. This item was heard
at the regular Planning Commission meeting on November 24, 2008 and forwarded by
vote of 7-0- 1 (Trumbo recused) on the consent agenda to recommend this vacation
request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-2982 SUBMITTED
BY NORTHSTAR ENGINEERING CONSULTANTS, INC. FOR
PROPERTY LOCATED NORTH OF MAINE STREET,
BETWEEN SANG AVENUE AND CROSS AVENUE TO
VACATE PORTIONS OF TWO ALLEYS, A TOTAL OF 0.30
ACRES, IN ORDER TO DEVELOP THE MARKHAM HILL
COTTAGE COURTS.
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 alleys 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 alleys:
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 . The alley shall not be vacated until new streets and easements for the Markham Hill Cottage
Courts project have been dedicated by easement plat to the satisfaction of utility companies
and the City.
2. Relocation of any existing facilities will be at the owner/developer' s expense.
Page 2
Ord.
PASSED and APPROVED this day of 12008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerkrrreasurer
EXHIBIT "A"
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EXHIBIT "B"
VAC 08-2982
LEGAL DESCRIPTION 1:
BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF BLOCK 1, WEST END
ADDITION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, THENCE
N02°41'08"E 15.00 FEET, THENCE S88°19'47"E 600.00 FEET, THENCE S02°41'08"W
15.00 FEET, THENCE N88°19'47"W 600.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.21 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT OF WAYS
OR EASEMENTS OF RECORD OR FACT.
LEGAL DESCRIPTION 2:
BEGINNING AT THE NORTHWEST CORNER OF LOT 18 OF BLOCK 1, WEST END
ADDITION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,
THENCE N02°41'08"E 15.00 FEET, THENCE S88°1929"E 250.00
FEET, THENCE S01 °40'31"W 15.00 FEET, THENCE N88°1929"W 250.00 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS, SUBJECT
TO ANY RIGHT OF WAYS OR EASEMENTS OF RECORD OR FACT.
TT\/y e Levi e
/ ARKANSAS
PC Meeting of November 24, 2008
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
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: November 18, 2008 Updated November 25, 2008
VAC 08-2982: Vacation (MARKHAM HILL COTTAGE COURTS, 520): Submitted by
NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at NORTH OF
MAINE, BETWEEN SANG AND CROSS. The property is zoned R-PZD 08-2980
(Markham Hill Cottage Courts) and contains approximately 2.54 acres. The request is to
vacate an alley on the subject property. Planner: Andrew.Gamer
Background: The subject property consists of approximately 2.54 acres located north of
Maine Street and west of Cross Avenue, less than 0.25 mile west of the University of
Arkansas Campus. The Markham Hill Cottage Courts project (R-PZD 08-2980) was
approved by the City Council on August 19, 2008 for 18 single family and 5 two-family
cottages (28 units total).
There are existing 15 -foot alley rights -of -ways that traverse east -west through the project
site. In order to construct the Markham Hill Cottage Courts development the applicant
proposes to abandon portions of these alleys as indicated on the submitted exhibits.
Request.: The applicant requests to vacate 0.30 acres of the of alley right-of-way that bisects
the subject property. The applicant has submitted the required notification forms to the utility
companies and to the City with the results summarized below.
UTILITIES
Cox Communications
Ozark Electric
Arkansas Western Gas
AT&T
SWEPCO
RESPONSE
No Objections
No Objections
No Objections
No Objections — provided that a 25 -
foot utility easement be retained where
it crosses the alley along the west side
of the property.
No Objections
K:\Reports\2008\PC Reports\22-November 24\VAC 08-2982 (MarkhamHillCottageCrts).doc
CITY OF FAYETTEVILLE:
Water/Sewer and Engineering No Objections
Solid Waste No Objections
Transportation No Objections
Findings: Staff finds that vacating the requested portions of alley right-of-way would not
adversely affect access to or utility provision to the site given that two new streets will be
constructed as part of the Markham Hill Cottage Courts development and new easements and
right-of-way dedicated by easement plat.
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation: Staff recommends forwarding this request to the City Council with a
recommendation of approval to vacate the alleys VAC 08-2982 with the following conditions
of approval.
1. The alley shall not be vacated until new street streets and easements for the Markham
Hill Cottage Courts project have been dedicated by easement plat to the satisfaction
of utility companies and the City.
2. Relocation of any existing facilities will be at the owner/developer's expense...
PLANNING COMMISSION ACTION:
Recommendation to be: X Forwarded for approval ❑ Denied ❑ Tabled
Motion: Winston
Second: Cabe
Vote: 7-0-1 (Trumbo recused)
Date: November 24, 2008
Comments: On consent agenda.
The "CONDITIONS
OF APPROVAL", as stated
in this
report, are accepted in total
without exception by
the entity requesting
approval
of this
development item.
Title
Date
K:U2eports\2008\PC Reports\22-November 24WAC 08-2982 (MarkhamHillCottageCrts).doc
ANORTHSTAR
ENGINEERING
NCONSULTANTS, INC.
September 9, 2008
Mr. Jeremy Pate
City Planner
City of Fayetteville
126 West Mountain Street
Fayetteville, Arkansas 72701
Re: Alley Vacation Request
Lots 14-18 & 28-39, Block 1, West End Addition, Fayetteville, Arkansas
NEC Project No. 567-001
Dear Mr. Pate:
Civil Engineering
Environmental Engineering
Land Surveying
Planning
On behalf of Homestead Homes, LLC, I respectfully request your consideration of the alley vacation
described below regarding Lots 14-18 & Lots 28-39, Block 1, West End Addition, Fayetteville, Arkansas.
The alleys are not in use at this time and the vacated property could be used by the Developer and the
adjacent lot owners (See attached exhibit). Please note, however, that an existing house located on Lots
29 and 30 encroaches onto the 15 foot alley to the north. After meeting with the property owner to the
north, Steele Revocable Trust, it is in agreement to grant ownership of the entire 15 foot platted alley
across Lots 28-30 to the Developer in order to resolve the boundary issue with the existing house. We
would appreciate your consideration of the above request.
Please call me at 479-271-0906 if you have any questions or need additional information.
Best Regards,
AsonE Ingalls, E
Project Manager
Cc: Homestead Homes, LLC, Developer
File
Ti567UnWa,a� 1ev V. Oa, Reaues1 .9O91�
207 South Main Street Phone (479) 271-0906
Bentonville, Arkansas 72712 Fax (479) 271-8144
Email: info@northstarengineering.net
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•, H ENGINEERING
eived By;)- Gate t'tee
"eci No Slo7-aa
UTILITY APPROVAL FORM Ja5cn �.
FOR UTILITY EASEMENT VACATION
Date: 4-9-08
Utility Company.. 7ransooiibtion zx
Applicant Name: Homestead Homes, LLC Applicant Phone: (4791927-9925
REQUESTED VACATION:
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated
right-of-way.
1O
❑ Street right-of-way
I have notified of the petition to vacate the following alleys, described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block 1,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
❑ No objections to the vacation described above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
❑ No objections provided the following conditions are met:
08
Representative
Title>jJIf .`•
t�S
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O11 LITY APPROVAt-FORM
FOR UTILITY EASEMENT VACATION
Date: 4-3-08
Utility Company: �Sofid�W stW
Applicant Name: Homestead Homes. LLC Applicant Phone: (479) 927-9925
REQUESTED VACATION:
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated
right-of-way.
PI
❑ Street right-of-way
I have notified of the petition to vacate the following alleys, described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39. Block 1,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANY COMMENTS
t� No objections to the vacation described above.
/❑ No objections to the vacation 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
Title
Representative
Nov. 18. 2008 12:21PM ; No. 5943 P.
UTILITY APPROVAL FORM
FOR UTILITY EASEMENT VACATION
vORTHSTAR ENGINEERING
Received By=0ate. 4
°rojectNo... ;, ...cc: Rig
coo
Date: 11-18-08
Utility Company: AEP1SWEPCO
Applicant Name: Homestead Homes. LLC Applicant Phone: (479) 927-9928
REQUESTED VACATION:
❑ U5tity Easement
❑ Right-of-way for alley or streets and an utility easements located within the vacated
right-of-way.
❑ Street right-of-way
I have notified of the petition to vacate the fonowhlg alleys, described at fono*s:
A 15 foot alley located along the north side of Lots 28-39 and between Lots 14-18 and 35-39, Block 1,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANYCOMMENTS:
No objections to the vacation described above.
❑ No objections to the vacation described above, provided following described Basements
are retained. (State the location, dimensions, and Purpose below.)
❑ No objections provided the following conditions are met
Signature of Utility Company Representative
Icier 11�Y meW
Title
/23/2008 WED ].2:29 FAX 479 684 4730 WATER & SEWER
ICJ 001
Date: 4-9-08
Utility Company:
Applicant Name:
UTILITY APPROVAL FORM
FOR UTILITY EASEMENT VACATION
ill JRT�tsTAR EjQNEERiNG
ere;eye ateg
Jaso•t x.
Homestead Homes. LLC Applicant Phone: (479) 927-9925
REQUESTED VACATION:
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated
right-of-way.
❑ Street right-of-way
I have notified of the petition to vacate the following alleys, described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block 1,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
❑ No objections to the vacation 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
Mfr
Title
J
L
r+ui. t�tvGfN≥;ti;-�iiVG
UTILITY APPROVAL FORM
FOR UTILITY EASEMENT VACATION
Date: 4-9-08
Utility Company: `Arkansas l/Vc�5t f a's
Applicant Name: Homestead Homes, LLC Applicant Phone: (479) 927-9925
REQUESTED VACATION:
O Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated
right-of-way.
❑ Street right-of-way
I have notified of the petition to vacate the following alleys, described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block 1,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation described above.
❑
No
objections to the
vacation described above, provided following described easements
are
retained. (State
the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
A O:`f.TiL rcNr cen r A. 3<', s /iNvv. E C
S 2 rvN. ,½.'t -r,. C:. Ji 9c.,r G GI[.lj S,T.fr
Signature of Utility Company
Title
UTILITY APPROVAL FORM
FOR UTILITY EASEMENT VACATION
:sewed ByOate
-"ect NO.
Jasa,-7
Date: 4-9-08
*
Utility Company: t Cox Communications.
Applicant Name: Homestead Homes LLC Applicant Phone: (479) 927-9925
REQUESTED VACATION:
❑ Utility Easement
❑ Rightof-way for alley or streets and all utility easementslocated within the vacated
right-of-way.
❑ Street right-of-way
I have notified of the petition to vacate the following alleys, described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block I,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
9 No objections to the vacation described above.
❑ No objections to the vacation described above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
❑ No objections provided the following conditions are met
Sire of Utility Company Representative
FIELD ENGINEER
Title
UTILITY APPROVAL FORM
FOR UTILITY EASEMENT VACATION
Date: 4-9-08
Utility Company:
Applicant Name: Homestead Homes. LLC Applicant Phone: (479) 927-9925
REQUESTED VACATION:
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated
right-of-way.
❑ Street right-of-way
I have notified of the petition to vacate the following alleys, described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block 1,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation described above.
X No objections to the vacation described above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
25' U.E. TO BE RETAINED WHERE IT CROSSES ALLEY ALONG WEST SIDE
OF PROPERTY SHOWN
X No objections provided the following conditions are met:
ANY EXISTING FACILITIES WILL BE RELOCATED AT THE OWNER/DEVELOPER'S
EXPENSE REPAIR OFANY DAMAGE TO EXISTING FACILITIES WILL BE AT THE OWNER
DEVELOPERS EXPENSE
SUSAN CLOUSER OSP DESIGN ENGINEER 04/17/2008
Signature of Utility Company Representative
APR -10-2008 THU 01:35 P11
P. 02
Date: 4-9-08
Utility Company:
Applicant Name:
UTILITY APPROVAL FORM
FOR UTILITY EASEMENT VACATION
Homestead Homes Lit Applicant Phone: (479) 927-9925
REQUESTED VACATION:
❑ _Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated
right-of-way.
❑ Street right-of-way
I have notified of the petition to vacate the following alleys, described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block 1,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
❑ No objections to the vacation described above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
❑ No objections provided the following conditions are met
/ Y7/UC ,
.:
Signature of Utility Company Representative
Title
VAC08-2982 MARKHAM HILL COTTAGE COURTS
One Mile View
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Overview Legend Boundary
Subject Property r"'�—f Piy rig Area
_ -._. ® VAC08-2982 jwonD
o:DOD≥ Overlay District
❑ O Outside City
Legend
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MARKHAM HILL COTTAGE COURTS
SUBJECT PROPERTY
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Overview
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Feel
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-2982 SUBMITTED
BY NORTHSTAR ENGINEERING CONSULTANTS, INC. FOR
PROPERTY LOCATED NORTH OF MAINE STREET,
BETWEEN SANG AVENUE AND CROSS AVENUE TO
VACATE A PORTION OF AN ALLEY, A TOTAL OF 0.21
ACRES, IN ORDER TO DEVELOP THE MARKHAM HILL
COTTAGE COURTS.
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 alley 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 alley:
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.
The alley shall not be vacated until new streets and easements for the Markham Hill Cottage
Courts project have been dedicated by easement plat to the satisfaction of utility companies
and the City.
2. Relocation of any existing facilities will be at the owner/developer's expense.
Page 2
Ord.
PASSED and APPROVED this
APPROVED:
By:
DAN COODY, Mayor
day of , 2009.
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
EXHIBIT "B"
VAC 08-2982
BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF BLOCK 1, WEST END
ADDITION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, THENCE
N02°41'08"E 15.00 FEET, THENCE S88°1947"E 600.00 FEET, THENCE S02°41'08"W
15.00 FEET, THENCE N88°19'47"W 600.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.21 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT OF WAYS
OR EASEMENTS OF RECORD OR FACT.
Page 1 of!
Clarice Pearman - Ords. 5210 & 5211
From:
Clarice Pearman
To:
Pate, Jeremy
Date:
1.9.09 9:51 AM
Subject:
Ords. 5210 & 5211
CC:
Audit; GIS
Attachments:
Audit; GIS
Jeremy:
Attached is a copy the above ordinances passed by the City Council January 6, 2009 regarding the following:
1. I-PZD 08-3062 Westside Storage
2. VAC 08-2982 Markham Hill
Please let me know if there is anything else needed for this item.
Have a good day.
'Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settin,us\Temp\XPurpwise\49671 E31 FA... 1.9.09