No preview available
HomeMy WebLinkAboutORDINANCE 5847y 7. 016730000005 Type: REL Kind; oRDINAHCE IP.vt ; Recorded: 02/181201.6 at 01:39:40 PM Fee Amt: $35. 4Pape 1 of 5 Washlnptan County, AR Kyle �k ,1 5ylnnue{{ster Circuit'+Clerk Filet V 16-00004 2} 19 113 West Mountain Street Fayetteville, AR 72701 (479) 675-8323 Ordinance: 5847 File Number: 2016-0032 VAC 15-5279 (660 W. MLK BLVD./WALMART NEIGHBORHOOD MARKET): AN ORDINANCE TO APPROVE VAC 15-5279 SUBMITTED BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 660 WEST MARTIN LUTHER KING BOULEVARD TO VACATE PORTIONS OF UTILITY EASEMENTS 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 utility easements 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 the utility easements as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Vacation of the existing utility easement shall not be valid until such time that a new easement has been filed of record for gas line along Government Avenue, as generally shown on the plat attached to the Planning Department's memo. 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. Page 1 Printed on 213116 File Number.- 2016-0032 Ordinance 5847 PASSED and APPROVED on 2/2/2016 Page 2 Attest: Sondra E. Smith, City Clerk Treasurer *01111111if1111 0, rp ►j„ w s FAYETTE II_�E� '.mod''•. kAw i mil i 1+ Printed on 213116 EXHIBIT 'A' 15-5279 VAC15-5279 Close Up View uj RP2.6 WALMART NEIGHBORHOOD MARKET 2 kin R-0 RSF.4 Lu RSF•7 MIVERSITY qUE SUBJECT PROPERTY P-1 RRAIRO& ST Ilk" PRWATE 421 U MARTIN LUTHERKING SWO z w z '� rasc ALLEY 799 z RlAF,21 �cs Ovemiew Legend VAC15-5279 L - - - : Fayetteville City Li nits - Footprints 2010 0 125 250 500 750 1,000 ------ Planning Area Feet SOUTH ST 11 STH Sr EXHIBIT 'B' 15-5279 Utility Easement Vacation Description All of the Utility Easement as dedicated across Lot 1 of Hanna's Landing as recorded in File No. 24A-78 and being a part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows: COMMENCING at a found 5/8" rebar with cap (LS#1789) at the Southeast corner of Lot 1 and being on the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road and the North Right -of -Way of W. Martin Luther King Blvd, according to File No. 24A-78; THENCE along said West Right -of -Way North 02' 57' 40" East, a distance of 100.34 feet to the POINT OF BEGINNING; THENCE leaving said West Right -of -Way North 86' 29' 58" West, a distance of 17.00 feet; THENCE North 020 57' 40" East a distance of 120.06 feet; THENCE North 86' 29' 58" West a distance of 41.23 feet; THENCE North 03' 30' 02" East a distance of 20.00 feet; THENCE South 86' 29' 58" East a distance of 58.04 feet to said aforementioned West Right -of - Way, THENCE along said West Right -of -Way, South 02' 57' 40" West a distance of 140.06 feet to the POINT OF BEGINNING and containing 3,204 square feet or 0.07 acres, more or less. Water Line Easement Vacation Description A portion of the Water Line Easement as dedicated across Lot 1 of Hanna's Landing as recorded in File No. 24A-78 and being a part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows: COMMENCING at a found 5/8" rebar with cap (LS#1789) at the Southeast corner of Lot 1 and being on the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road and the North Right -of -Way of W. Martin Luther King Blvd, according to File No. 024A-78; THENCE along said West Right -of -Way, North 02' 57' 40" East a distance of 314.84 feet to the POINT OF BEGINNING; THENCE leaving said West Right -of -Way, North 86' 29' 56" West a distance of 17.34 feet; THENCE South 030 30' 04" West a distance of 114.84 feet; THENCE South 48' 30' 04" West a distance of 28.28 feet; THENCE North 18' 59' 56" West a distance of 21.65 feet: THENCE North 48' 30' 04" East a distance of 11.72 feet; THENCE North 03' 30' 04" East a distance of 211.56 feet; THENCE South 860 29' 56" East a distance of 20.00 feet; THENCE South 03' 30' 04" West a distance of 85.00 feet; THENCE South 86' 29' 56" East a distance of 17.15 feet to the aforementioned West Right -of - Way, THENCE along said West Right -of -Way, South 02' 57' 40" West a distance of 20.00 feet to the POINT OF BEGINNING and containing 5,059 square feet or 0.12 acres, more or less. Washington County, AR I certify this instrument was filed on 02119/201 B 01:39:40 PM and recorded in Real Estate Pile Number 2 g -00004219 Kyle Sylvesterirwcuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 ., .-., (479) 575-8323 Text File File Number: 2016-0032 Agenda Date: 2/2/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 VAC 15-5279 (660 W. MLK BLVD./WALMART NEIGHBORHOOD MARKET): AN ORDINANCE TO APPROVE VAC 15-5279 SUBMITTED BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 660 WEST MARTIN LUTHER KING BOULEVARD TO VACATE PORTIONS OF UTILITY EASEMENTS 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 utility easements 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 the utility easements as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Vacation of the existing utility easement shall not be valid until such time that a new easement has been filed of record for gas line along Government Avenue, as generally shown on the plat attached to the Planning Department's memo. 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 21312016 City of Fayetteville Staff Review Form 2016-0032 Legistar File ID 2/2/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 1/15/2016 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 15-5279: Vacation (660 W. MLK BLVD./WALMART NEIGHBORHOOD MARKET, 522): Submitted by CEI ENGINEERING ASSOCIATES, INC. for properties located at 660 W. MLK BLVD. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain approximately 6.10 acres. The request is to vacate portions of utility easements. Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Fund Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Ta. I:. ARK 1S MEETING OF FEBRUARY 2, 2016 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner DATE: January 15, 2016 SUBJECT: VAC 15-5279: Vacation (660 W. MLK BLVD./WALMART NEIGHBORHOOD MARKET, 522): Submitted by CEI ENGINEERING ASSOCIATES, INC. for properties located at 660 W. MLK BLVD. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain approximately 6.10 acres. The request is to vacate portions of Utility easements. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 15-5279 with the following conditions: 1. Vacation of the existing utility easement shall not be valid until such time that a new easement has been filed of recorded for the gas line along Government Avenue, as generally shown on the attached plat. 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. BACKGROUND: The subject property is located on Martin Luther King Boulevard between Hill Avenue and Government Avenue. The Planning Commission recently approved a large scale development application for the development of a new Neighborhood Market. The building is under construction and new easements were filed to serve the new development. The applicant proposes to vacate a utility easement and a portion of a water easement that were dedicated for the Neighborhood Market development as shown in Exhibit "A" and described in Exhibit "B" attached hereto. Utility connections to the building have changed since the easement plat was filed, so the applicant is requesting approval to vacate and plat new easements. DISCUSSION: On January 11, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0 as a consent item. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: CC Ordinance Exhibit A Exhibit B Application Planning Commission Staff Report EXHIBIT W 15-5279 VAC1 5-52791 WALMART NEIGHBORHOOD MARKET Close Up View R-0 RSF-4 _..�... RSF-7 RRAIRIEs ST W 1 MARTIN LUTHER KING BLVD P-1 ON � 1 z� r w t :^ SOUTH ST DR '44 VIS1ONE ALLEY 799 O RPZ0' 5TH ST EXHIBIT 'B' 15-5279 Utility Easement Vacation Description All of the Utility Easement as dedicated across Lot 1 of Hanna's Landing as recorded in File No. 24A-78 and being a part of the Southeast Quarter (SEl/4) of the Southwest Quarter (SW1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows: COMMENCING at a found 5/8" rebar with cap (LS#1789) at the Southeast corner of Lot 1 and being on the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road and the North Right -of -Way of W. Martin Luther King Blvd, according to File No. 24A-78; THENCE along said West Right -of -Way North 02' 57' 40" East, a distance of 100.34 feet to the POINT OF BEGINNING; THENCE leaving said West Right -of -Way North 86' 29' 58" West, a distance of 17.00 feet; THENCE North 020 57' 40" East a distance of 120.06 feet; THENCE North 86' 29' 58" West a distance of 41.23 feet; THENCE North 030 30' 02" East a distance of 20.00 feet; THENCE South 86' 29' 58" East a distance of 58.04 feet to said aforementioned West Right -of - Way; THENCE along said West Right -of -Way, South 02' 57' 40" West a distance of 140.06 feet to the POINT OF BEGINNING and containing 3,204 square feet or 0.07 acres, more or less. Water Line Easement Vacation Description A portion of the Water Line Easement as dedicated across Lot 1 of Hanna's Landing as recorded in File No. 24A-78 and being a part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows: COMMENCING at a found 5/8" rebar with cap (LS#1789) at the Southeast corner of Lot 1 and being on the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road and the North Right -of -Way of W. Martin Luther King Blvd, according to File No. 024A-78; THENCE along said West Right -of -Way, North 02' 57' 40" East a distance of 314.84 feet to the POINT OF BEGINNING; THENCE leaving said West Right -of -Way, North 86' 29' 56" West a distance of 17.34 feet; THENCE South 03' 30' 04" West a distance of 114.84 feet; THENCE South 48' 30' 04" West a distance of 28.28 feet; THENCE North l 8° 59' 56" West a distance of 21.65 feet; THENCE North 480 30' 04" East a distance of 11.72 feet; THENCE North 03' 30' 04" East a distance of 211.56 feet; THENCE South 860 29' 56" East a distance of 20.00 feet; THENCE South 03' 30' 04" West a distance of 85.00 feet; THENCE South 86' 29' 56" East a distance of 17.15 feet to the aforementioned West Right -of - Way; THENCE along said West Right -of -Way, South 02' 57' 40" West a distance of 20.00 feet to the POINT OF BEGINNING and containing 5,059 square feet or 0.12 acres, more or less, CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement ®r Alley VACATION FOR STAFF USE ONLY FEE: $200.00 Date Application Submitted• Sign Fee: $5.00 Date Accepted as Complete: S-T-R: Project Number: PP#: Public Hearing Date:" J Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not beplaced on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant (person making request): Name: Walmart Stores, Inc. Address: 2001 SE loth St. Bentonville, AR 72712 Phone: ( 479) 204-0414 Email: Applicant X Representative Representative (engineer, surveyor, realtor, etc.): Name: CEI Engineering Tom Burry Address: 3108 SW Regency Pkwy,Suite 2 Bentonville, AR 72712 Phone:( 479) 273-9472 Email: tburrv@ceieng . com Fax:( ) Fax:(479) 273-0844 Site Address / Location: 660 West Martin Luther Kin Jr . .Blv . Legal description of area to be vacated (attach separate sheet if necessary): See attached. Current Zoning District: C - 2 Assessors Parcel Number(s) for subject property: FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: Walmart Stores, Inc. December 2014 Page 1 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might.set conditions on approval. Name ( tinted): CEI Engineering Associates, Inc. / Attn: Tom Burry Date: 12-02-2015 Si gntature PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from each mperN owner must be pror kled indicating that the agent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name (printed): cE2 Engineering Si natur 4 Date: 12/2/15 Address: 3108 SW Regency Pkwy. #2 Bentonville, AR 72712 Phone:(479 ) 273-9472 Name (printed): Address: Signature Date: Phone: Vacation Checklist: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $200.00 application fee $5.00 public notification sign fee (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may be included on the survey plat). (3) Survey of the site depicting the perimeter property lines and area within the property to be vacated. (4) CD containing a copy of the legal description in MS Word and PDF copies of the signed application and all other items submitted with this project. (5) A surveyor should stake the area on the site to be vacated for utility company review on their site visit. (6) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Abstractor's Certificate of Ownership stating names of all owners of property adkjacent to the street right-of-way, alley, or easement to be vacated (this document is obtained from a title company). (8) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co. was] iington.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's naive, official mailing address, and the parcel number for every adjacent property shall be shown on this map. December 2014 Page 2 OWNER'S APPOINTMENT OF REPRESENTATIVES FOR FAYETTEVILLE EASEMENT VACATIONS I, the owner of the property described below, certify by my signature that I hereby authorize CEI Engineering to act as my representatives regarding the vacation of easements and any other platting approvals required by the City of Fayetteville for development of my property described as: APPROXIMATELY 6.1 ACRES LOCATED AT 660 MARTIN LUTHER KING BLVD IN FAYETTEVILLE, AR. W mart Stores, Inc. 70"© h R� Date R CITY OF Tay. 11q ARKANS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Jesse Fulcher, Senior Planner Updated January 14, 2016 SUBJECT: VAC 15-5279: Vacation (660 W. MILK BLVD.IWALMART NEIGHBORHOOD MARKET, 522): Submitted by CEI ENGINEERING ASSOCIATES, INC. for properties located at 660 W. MLK BLVD. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain approximately 6.10 acres. The request is to vacate portions of utility easements. RECOMMENDATION: Staff recommends forwarding VAC 15-5279 with conditions of approval. BACKGROUND: The subject property is located on Martin Luther King Boulevard between Hill Avenue and Government Avenue. The Planning Commission recently approved a large scale development application for the development of a new Neighborhood Market. The building is under construction and new easements were filed to serve the new development. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single-family 1-1, Heavy Commercial/Light Industrial South Commercial 1-1, Heavy Commercial/Light Industrial West Commercial C-2, Thoroughfare Commercial East Sin le-famil MSC, Main Street Center/DG, Downtown General Proposal: The applicant proposes to vacate a utility easement and a portion of a water easement that were dedicated for the Neighborhood Market development. Utility connections to the building have changed since the easement plat was filed, so the applicant is requesting approval to vacate and replat easements. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: UTILITIES RESPONSE Cox Communications No objections with conditions Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AEP/SWEPCO Source Gas AT&T Ozarks Electric CITY OF FAYETTEVILLE Water/Sewer Trash & Recycling No objections No objections with conditions No objections with conditions No objections RESPONSE No objections N/A Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 15-5279 with the following conditions: Conditions of Approval: 1. Vacation of the existing utility easement shall not be valid until such time that a new easement has been filed of recorded for the gas line along Government Avenue, as generally shown on the attached plat. 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Planning Commission Action: D Approved O Forwarded 0 Denied Meeting Date: January 11, 2016 Motion: Cook Second: Selby Vote: 8-0-0 BUDGET/STAFF IMPACT: None. Attachments: ■ Petition to Vacate • Utility Approvals • Easement Vacation Exhibits Planning Commission January 11, 2016 WETCOevelopment Services Revlew\2016\0evelopment Review\15-5279 VAC (Neighborhood Agenda Item 4 Market MLK Communities)\03 Planning Commission\01-11-2016\Comments and Redlines 15-5279 Walmart Markt • One Mile Map • Close Up Map G:\ETC\Development Services Review\2016\Development Review\15-5279 VAC (Neighborhood Market MLK Communities)\03 Planning Commission\01 -1 1-2016\Comments and Redlines CEI Engineering Associates, Inc. ENGINEERS ■ SURVEYORS ■ LANDSCAPE ARCHITECTS ■ PLANNERS 3108 SW Regency Parkway, Suite 2 Bentonville, AR 72712 (479) 273-9472 Fax (479) 273-0844 www.ceieng.com December 2, 2015 Mr. Jesse Fulcher City of Fayetteville Planner 113 West Mountain Street Fayetteville, AR 72701 Dear Mr. Fulcher, We are presenting the following submittal to vacate two easements. The subject property is the new Neighborhood Market located at 660 W Martin Luther King Boulevard in the City of Fayetteville, Washington County, Arkansas. The 6.10 acre site is currently under construction and we are submitting this request as utility connections to the building have been modified and therefore the proposed utility services lines have been relocated. A revised easement plat has already been submitted and approved by the City of Fayetteville staff and should be recorded by the time of this requested hearing. The new easement plat will accommodate the relocated utility services within the Walmart property and we are now requesting to vacate the old easement locations. One easement being vacated is due to the waterline shifting east. We are proposing to vacate the old location easement and replat the new one. The other easement being vacated is for the electrical service which was relocated to the north. The new easement plat has the new electric easement to be recorded. We appreciate your help with this project and if you have any questions or need anything additional please let me know. Respectfully, Tom Burry, PE c.7 L-. L€)U[ IA..c g !,`.NNE )Tk fi QR.Aii t PE::N.d.._J: .r UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12 / 1 / 15 UTILITY COMPANY: Cox communications APPLICANTNAME: CRI Engineering Associates, Inc. APPLICANTPHONE: 479-273-9472 or Walmart Stores, Inc. REQUESTED VACATION (applicant must check all that apply): x' 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 Neicghborhood market s60. wrest Martin Luther King Jr Blvd— Fayetteville, AR (ATTACH legal.description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) 'X No objections provided the following conditions are met: Any dainagge to or rclocation of our existing facilitites will be at the owners/developers expense. ,lidttatuf e of Utility Company Representative Construction & Planning Manager Title December 2014 Page 5 DATE: 12/ 1/ lS UTILITY COMPANY UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS ARP/SWEPCO APPLICANT NAME: CRI Engineering Associates, Inc. AppLICANTPHONE:_ 479-273-9472 for Walmart Stores, Inc. REQUESTED VACATION (applicant must check all that apply): A Utility Easement 13 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. U Alley. I Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address Neighborhood Market, 66o West Martin Luther King Jr. Blvd., Fayetteville,AR ® (ATTACH legal description and graphic representation of)what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: AT No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) 0 No objections provided the following conditions are met: e�tl Sionatu� if Utility Company Representative ,siRlr?y�au �Nfr2 FK /t - /,- Title Deretnber 20 H Page 5 UTILITY APPROVAL FORT FOR RIGHT- OF- WAY, ALLEY, AND ITI1111 Y EASEMENT VACATIONS DATE: n2/I/1s UITLD-Y COMPANY: Source Gas APPLICANT NAME: CEI Engineering Associates, Inc. APPLICANT PHONE: 479-273-9472 for Walmart Stores, Inc. REQUESTED VACATION (applicant must check all that apply): L Utility Basement U Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. fi 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 Neighborhood Market, 660 West Martin Luther King Jr. Blvd., Fayetteville,zm 0 (ATTACH legal description awl graphic representation of what is being vacated-SURT'/;) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above; and no omments. Lk No objections to the vacation(s) described above, provide following described easements are retained (State the location, dimensions, and purpose below.) The gas easement is retained ❑ No objections provided the following conditions are met: Representative Title December 2019 Page 5 UTILITY APPROVAL FORM FOR RIGIIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/1/15 UTILITY COMPANY: AT&T APPLICANT NAME: cEI Engineering Associates, IncV. APPLICANT PHONE: 979_-273 _9472 JN� for Walmart Stores, Inc. REQUESTED VACATION (applicant must check all that apply): ix Utility Easement i I Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley .l 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 Neighborhood Market, 660 West Martin Luther King Jr. Blvd., Fayetteville,AR ® (ATTACFI legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 1 X No objections to the vacation(s) described above, and no comments. 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: Representative OSP PLNG & ENGRG DESIGN Title fie emhes ?0i.I Huge 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/3/15 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: cEI Engineering Associates, Inc -APPLICANT PIIONE: 479-273-9472 _....... .... _.............. for Walmart Stores, Inc. REQUESTED VACATION (applicant must check all that apply): L 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 Neighborhood Market, 660 West Martin Luther King Jr. Blvd., Fayetteville,AR ® (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: VNo objections to the vacation(s) described above, and no comments. 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: Sie atur (Utility onnpany Rcpresentative Lead Staking Tech Title December 20/9 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/l/1s UTILITY COMPANY: city of Fayetteville Water & sewer APPLICANT NAME: CEI Engineering Associates, Inc. APPLICANT PHONE: 479-273-9472 for Walmart Stores,Inc. REQUESTED VACATION (applicant must check all that apply): ix Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. E. 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 Neighborhood Market, 660 West Martin Luther King Jr. Blvd„ Fayetteville,AR IN (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: K No objections to the vacation(s) described above, and no comments. 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 o Utility Contj>'tiry Representative I-Iy' Title December 2014 Page 5 F0i7141 It is to be understood that this sketch is descriptive only of the size, shape and location of the easement and does not constitute a plot or survey of the Cron tors' property. Portion of L of t Hanna's Landing File #2015-0001237 File No. 24A-78 Wal-Mart Real Estate Business crust 650 West Martin Luther King Blvd. Fayetteville, AR Zone: C-2 0 Utility Easement -- to be vacated per this Document 3,204 Sq. Ft.z° or 0.07 Ac.f a GRAPHIC SCALE ' 60 0 30 60 1 IN FEET ) Q � + i--�-----� 1 inch = 60 ft. ovy EL6 Q z j g ELa' it Easement line Table UNE BEARING DISTANCE ELI NO2'57'40'E 100.34' EL2 N86'29'58W 17.00' EL3 NO2'57'40'E 120.06' EL4 N86'29'58W 41,23' EL5 NO3'30'02"E 20.00' EL6 S86'29'58'E 58.04' EL7 S02'57'40'W 140.06' a LEGEND Boundary Line Afartin .Luther King BITd. p C 518" Rebar (LS 1789) Rrkansas Nighwoy Commission Rrght-of--Wo ! t o Portion of Doc, No. 93-.16505 y SE Comer I ('Voriable swath) Lot 1 File No. 24A-78 1112315 1 KMH KMH TLP KMH 3108 SW Regency Parkway PH Engineering Associates, Inc. DATEPLS PM DRW CHK R Bentonville, 72712 FAX E0111 S PLANNERS iSUR V-YORS Uffi# www{ VO 77DFAHrTAL SENSRYbv 660 W Atparth LOW Adjoining Boundary Line Right -of -Way Line Utility Line Easement Found 518" Rebor (LS 1789) Bearing & Distance Change Electric Line Easement to be Vacated per this Document Scale: i' = 60' 5( A I�JI DA7E SHEET Na, llf✓!t 11123115 i Blvd f0.25 AM / OF i *answ5' Rev-® �O Y 0 Water Line Easement per separate document Portion of Lot i Hanna's Landing d File #2015-0001237 r1le No: 24A-78 Water Line Easement to be vacated by this Document 5,059 sq. Ft.t i or 0.12 Ac.f -- - -- ----_- Water Line Easement -------._--------------Per Fi/e No, ?er,_78 c^� - Wal-Mort Real Estate Business Trust 660 West Martin Luther King Blvd Fayetteville, AR Zone: C-2 518" Rebar (LS 7789) SE Corner Lot 1 File No. 24A-78 W. Martin Luther King Blvd. Arkansas H' 7Y Commission Right-of-way o Pardon of Doc. No. 93-16505 (vorioble Wldth) Engineering Associates, Inc. 2 f GRAPHIC SCALE 80 0 40 80 I ( IN FEET } 1 inch = 80 ft. Easement Une Table UNE BEARING DISTANCE ELt NO2'57'40"E 314.84' EL2 N86'29'56'W 17.34' EL3 S03'30'04'W 114.84! EL4 S4930'WW 28.28' EL5 N18.59'5618 21.65' EL6 I N48'30'04'E 11.72' Easement Une Table UNE BEARING DISTANCE EL7 NO3'30'04'E 211.56' EL8 S86'29'56"E 20.00' EL9 S03'30'04V 85.00' EL10 S86'29'56'E 17.15' EL11 S02757'40'W 20.00' LEGEND Boundary Line Adjoining Boundary Line -- Right-of-Woy Line New Water Line Easement -------------- vacated Water Line Easement Found 5/8 Rebor (LS 1789) - - NOTE. - Exhibit nA n Bearing & Distance Change Water Line Easement to be Vacated Per this Document 0 It is to be understood that this sketch is descriptive only of the size, shape and location of the easement and does not constitute a plot or survey of the Grantors' property. Scale: 1' = 80' hail Ease+lF%�en YaCafion Exhk DAZE SHEET N0. 11/23/75 OF i 660 W Marth LuMer Kka Blvd 10:29 AM f Utility Easement Vacation Description All of the Utility Easement as dedicated across Lot 1 of Hanna's Landing as recorded in File No. 24A-78 and being a part of the Southeast Quarter (SEl/4) of the Southwest Quarter (SW1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows: COMMENCING at a found 5/8" rebar with cap (LS#1789) at the Southeast comer of Lot 1 and being on the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road and the North Right -of -Way of W. Martin Luther King Blvd, according to File No. 24A-78; THENCE along said West Right -of -Way North 02' 57' 40" East, a distance of 100.34 feet to the POINT OF BEGINNING; THENCE leaving said West Right -of -Way North 86' 29' 58" West, a distance of 17.00 feet; THENCE North 020 57' 40" East a distance of 120.06 feet; THENCE North 860 29' 58" West a distance of 41.23 feet; THENCE North 03" 30' 02" East a distance of 20.00 feet; THENCE South 86129' 58" East a distance of 58.04 feet to said aforementioned West Right -of Way; THENCE along said West Right -of -Way, South 02' 57' 40" West a distance of 140.06 feet to the POINT OF BEGINNING and containing 3,204 square feet or 0.07 acres, more or less. Water Line Easement Vacation Description A portion of the Water Line Easement as dedicated across Lot 1 of Hanna's Landing as recorded in File No. 24A-78 and being a part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows; COMMENCING at a found 5/8" rebar with cap (LS#1789) at the Southeast comer of Lot 1 and being on the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road and the North Right -of -Way of W. Martin Luther King Blvd, according to File No. 024A-78; THENCE along said West Right -of -Way, North 02157' 40" East a distance of 314.84 feet to the POINT OF BEGINNING; THENCE leaving said West Right -of -Way, North 86' 29' 56" West a distance of 17.34 feet; THENCE South 03' 30' 04" West a distance of 114.84 feet; THENCE South 48' 30' 04" West a distance of 28.28 feet; THENCE North 18' 59' 56" West a distance of 21.65 feet; THENCE North 48' 30' 04" East a distance of 11.72 feet; THENCE North 030 30' 04" East a distance of 211.56 feet; THENCE South 86' 29' 56" East a distance of 20.00 feet; THENCE South 03° 30' 04" West a distance of 85.00 feet; THENCE South 86' 29' 56" East a distance of 17.15 feet to the aforementioned West Right -of - Way; THENCE along said West Right -of -Way, South 02' 57' 40" West a distance of 20.00 feet to the POINT OF BEGINNING and containing 5,059 square feet or 0.12 acres, more or less. LE III ... ... .... . ... ..... 77 Hanna �q Landing Portion of Lot I �13 .0, Ims Ad? 1,012 54 F�,* �V 261,633 Sq. Ft. If or 6OIAc..:t f . ......... ......... . ....... Fite F#e,04A-78 W-1 sf&/n 4.1h- XiAo 64d, af&, AR C-2 flz I&S No 4.695 S7 ff-.t v 1129 0.11 Ac.2 VWX easd'.W to lo" ...... .......... . Im, pi.1 aa; A ' q Obfily eq—l V.,.Wo# by SO &—me . ol R,4,, VAR15-5279 WALMART NEIGHBORHOOD MARKET One Mile View VAC15-5279 Close Up View WALMART NEIGHBORHOOD MARKET R-0 w a c) w RSF-4 x am RSF-7 PRAIRIE ST P-1 SOUTH ST �rr 5TH ST v- ,' ��� ors fr-r ivFt:y�417 ird z z s MARTIN LUTHER KING BLVD w Q ' 41 z j t�TS$ O LL a t3q ���5(ONE ALLEY 799 C U NORTHWESTARKANsAs Democrat azette P C',r . % Avr fFv'�.L .. AR, ri.._ 479 4 :?-,;'OG • FAX: 479-695-1118 , Wi}vWNWADG ::011A AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of. CITY OF FAYETTEVILLE Ord. 5 847 Was inserted in the Regular Edition on: February 18, 2016 Publication Charges $ 104.00 awit., VV Cathy Wiles Subscribed and sworn to before me This 100 day of rj6. , 2016. ot o� Notary Public My Commission Expires: 0-41-14- .. .t'# * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5847 File Number: 2016-0032 VAC 15-5279 (660 W. MILK BLVD./WALMART NEIGHBORHOOD MARKET): AN ORDINANCE TO APPROVE VAC 15-5279 SUBMITTED BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 660 WEST MARTIN LUTHER KING BOULEVARD TO VACATE PORTIONS OF UTILITY EASEMENTS 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 utility easements 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 the utility easements as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk, Section 3. This vacation approval is subject to the following conditions: 1. Vacation of the existing utility easement shall not be valid until such time that a new easement has been filed of record for gas line along Government Avenue, as generally shown on the plat attached to the Planning Department's memo. 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED on 2/2/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73569781 Feb. 18, 2016