Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutORDINANCE 5848113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5848 File Number: 2016-0027 l ll{l{{1111{li 111 illtil hill {�ti�� 11ti1ti Ititilf {1I11 iti�xi lull lull {1�Iti l{l11 {�1� yiil p0c if1; 016730010004 Type: REt. Kind: OROINANCE 91 rded; 0Q119I2016 at 01;40;19 P41 FeeAmt: $30,00 Pale 1 of 4 Washingltan County, AR Kyle Sylvester circuit Clerk �} j� Filet016-00004 220 VAC 15-5281 (1211 W. JAMES ST./HAVEN CAMPUS COMMUNITIES): AN ORDINANCE TO APPROVE VAC 15-5281 SUBMITTED BY BLEW AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1211 WEST JAMES STREET TO VACATE PORTIONS OF UTILITY AND DRAINAGE EASEMENTS WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described utility and drainage easements are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates the utility, drainage and trail easements as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Vacation of the existing drainage easement shall not be valid until such time that a new drainage easement has been filed of record, coveringthe current drainage path and as generally shown on the plat attached to the Planning Department's memo. 2. Any costs associated with relocation of or damage to utilities and new easement Page 1 Printed on 213116 File Number: 2016-0027 Ordinance 5848 dedication shall be at the owner/developer's expense. PASSED and APPROVED on 2/2/2016 Page 2 Attest: Sondra E. Smith, City Clerk Treasurer Printed on 213116 VAC 15-5281 Close Up View CEDAR ST EXHIBIT 'A' 15-5281 HAVEN CAMPUS COMMUNITIES w H 15 CARTER ST 410041". Cp ,ORp1O SUBJECT PROPERTY JAMES ST 4 1y14_0Y C$ y�'T� oR 9- .11" Le g e r'm. RSF4 Share! -Use Paved Trail •....... Neighborhood/Park Trail SUNSIET P Natural Surface Trail LOUAWAC15-5281 ® Hillside -Hilltop Overlay District - - -� Fayetteville City Limits Footprints 2010 Design Overlay Di trict 037 575 150 225 300 ------ Planning Area 25 Feet LAWSON ST HS LU a s Ir 6 HOLLY ST C-2 LU J W Z J �RrRo W a J Z _Z NORTH ST HUG) S ST . a t R•D EXHIBIT "B" 20' Utility Easement: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, SAID POINT BEING A CONCRETE MONUMENT, AND RUNNING THENCE N84°24'06"W 2.47' TO A FOUND IRON PIN, THENCE S02036'03"W 251.88' TO THE TRUE POINT OF BEGINNING, THENCE S02-36'03"W 20.00', THENCE N87°06'36"W 428.69', THENCE N56°07'04"W 38.83', THENCE S87°06'36"E 461.88' TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES, MORE OR LESS. 30' Drainage Easement: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, SAID POINT BEING A CONCRETE MONUMENT, AND RUNNING THENCE N84-24'06"W 2.47' TO A FOUND IRON PIN, THENCE S02'36'03"W 376.95' TO A FOUND IRON PIN, THENCE S87°09'54"E 96.79' TO A FOUND CHISELED "X", THENCE S00°50'27"W 146.23' TO A FOUND CHISELED "X" IN THE NORTH RIGHT- OF-WAY OF WEST WEDINGTON DRIVE, THENCE ALONG SAID RIGHT-OF-WAY N89°42'46"W 66.53' TO A FOUND IRON PIN, THENCE N74`33'40"W 35.85' TO A FOUND IRON PIN, THENCE N74°26'25"W 158.42' TO A FOUND IRON PIN, THENCE N44°48'49"W 202.40' TO A FOUND IRON PIN, THENCE N56°07'04"W 271.85' TO THE TRUE POINT OF BEGINNING, THENCE N56°07'04"W 26.54', THENCE LEAVING SAID RIGHT-OF-WAY N07°11'51"W 196.98', THENCE S87°10'49'E 20.31', THENCE S07°11'59"E 210.88' TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 02/19/2016 01:40:19 PM and recorded in Real Estate File Number 2016-60004220 Kyle Sylvester- Circuit Cle by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 ' (479)575-8323 Text File File Number: 2016-0027 Agenda Date: 2/2/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 VAC 15-5281 (1211 W. JAMES ST./HAVEN CAMPUS COMMUNITIES): AN ORDINANCE TO APPROVE VAC 15-5281 SUBMITTED BY BLEW AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1211 WEST JAMES STREET TO VACATE PORTIONS OF UTILITY AND DRAINAGE 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 and drainage 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, drainage and trail 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 drainage easement shall not be valid until such time that a new drainage easement has been filed of record, covering the current drainage path and 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 2/3/2016 City of Fayetteville Staff Review Form 2016-0027 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 15-5281: Vacation (1211 W. JAMES ST./HAVEN CAMPUS COMMUNITIES, 404): Submitted by BLEW & ASSOCIATES, INC. for property located at 1211 W. JAMES ST. The properties are zoned CS, COMMUNITY SERVICES and R-0, RESIDENTIAL OFFICE, and contain approximately 6.79 acres. The request is to vacate portions of a utility and drainage easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF a lay i ic ARKANSAS 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 15-5281: Vacation (1211 W. JAMES ST./HAVEN CAMPUS COMMUNITIES, 404): Submitted by BLEW & ASSOCIATES, INC. for property located at 1211 W. JAMES ST. The properties are zoned CS, COMMUNITY SERVICES and R-O, RESIDENTIAL OFFICE, and contain approximately 6.79 acres. The request is to vacate portions of a utility and drainage easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 15-5281 with the following conditions: 1. Vacation of the existing drainage easement shall not be valid until such time that a new drainage easement has been filed of record, covering the current drainage path and 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 between Wedington Drive and James Street, which is west of Garland Avenue and the Harps grocery store. The property is undeveloped, but an area of trees was cleared in 2007 when a previous development was approved for the property. The applicants have submitted a proposal to develop the property with apartments. The applicant proposes to vacate and replat a 20-foot utility easement and 30-foot drainage easement as shown in Exhibit "A" and described in Exhibit "B" attached hereto. 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 Attachments: CC Ordinance Exhibit A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Exhibit B Application Planning Commission Staff Report EXHIBIT 'A' 15-5281 20' UtilitV Easement: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, SAID POINT BEING A CONCRETE MONUMENT, AND RUNNING THENCE N84-24'06"W 2.47' TO A FOUND IRON PIN, THENCE S02°36'03"W 251.88' TO THE TRUE POINT OF BEGINNING, THENCE S02-36'03'W 20.00', THENCE N87°06'36"W 428.69', THENCE N56°07'04"W 38.83', THENCE S87°06'36"E 461.88' TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES, MORE OR LESS. 30' Drainage Easement: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, SAID POINT BEING A CONCRETE MONUMENT, AND RUNNING THENCE N84°24'06"W 2.47' TO A FOUND IRON PIN, THENCE S02'36'03"W 376.95' TO A FOUND IRON PIN, THENCE S87°09'54"E 96.79' TO A FOUND CHISELED "X", THENCE S00-50'27"W 146.23' TO A FOUND CHISELED "X" IN THE NORTH RIGHT- OF-WAY OF WEST WEDINGTON DRIVE, THENCE ALONG SAID RIGHT-OF-WAY N89°42'46'W 66.53' TO A FOUND IRON PIN, THENCE N74°33'40"W 35.85' TO A FOUND IRON PIN, THENCE N74*26'25"W 158.42' TO A FOUND IRON PIN, THENCE N44°48'49"W 202.40' TO A FOUND IRON PIN, THENCE N56°07'04"W 271.85' TO THE TRUE POINT OF BEGINNING, THENCE N56°07'04'W 26.54'. THENCE LEAVING SAID RIGHT-OF-WAY N07*11'51"W 196.98', THENCE S87°10'49"E 20.31'. THENCE S07011'59"E 210.88' TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE Oft Y FEE. $200.00 Date Application Submitted, Sign Fee: $5.00 Date Accepted as Complete: S-T-R: Project Number: PPP: Public Hearing Date: Zone: Please rill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until Ilds information is furnished. Application: Indicate one contact person for this request: Applicant X Representative Applicant (person making request): Nam�ye CAP REO�+ 1 LLC t� 16 3656 Address: 1308 NW Everett St1308 NW Everett St Portland OR 97204 TR 11 N Phone { ) � 6 �� Email 'SJyN L cl"?p t c JL Representative (engineer, surveyor, realtor, etc.): Name: Blew & Associates, PA Address: 524 W. Sycamore Suite 4 Fayetteville AR 72703 phone.-( 479 ) 443-4506 Email: forge tr blewine.com Pax:{ j Fax:_(_479 ) 582-1883 Site Address/Location: W. James Street Legal description of area to be vacated (attach separate sheet if necessary): Soe, Atta-( lhed........................ ..... _.-._ Current Zoning District: CS Assessors Parcel Number(s) for subject property; 765-13775-000;1nd 765-13771-000 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: CAP REO I, LLC Drw:edk,r 2014 h,xu 1 APPLICANT/ REPRESENTA TI V: 1 certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted arc 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(pTinted): Tlt^G j�e.nk4k Date: ( f Suture: `a C �rL w `t% PROPERTY OWNER(S) /AUTFIORIZEDACENT: l/we certi ry under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to i is tiling. ff sI nerl Ay the atttlrori crt a ertl a letter ron) each pramap owner rant be provIded ht(ftratin that the agent Is authorized to act on hls/her behalf.) Owners (attacfr additional info if necessary): Name (printed): W CQ � LUL Slenature: �—•.. Date- j 1.•.--4d..i Name (printed): signature: Date: Address: Q)Cif) tiiCL1 t= i/�J�� Phone: (I'T1) (,,°I (o--] f,� :)- Address: Phone: ( ) Vacation Cheeldist: Attach thefollowing 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 PDP 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 an 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 ol'property adkjaccm 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 oMoe or from the Washington County website (www.co.wastiinZon.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. tkvember 2014 Page 2 CITY OF a yl r� ARKANSAS TO: THRU: FROM: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Jesse Fulcher, Senior Planner MEETING DATE: janualry 14, 2016 Updated January 14, 2016 SUBJECT: VAC 15-6281: Vacation (1211 W. JAMES ST./HAVEN CAMPUS COMMUNITIES, 404): Submitted by BLEW & ASSOCIATES, INC. for property located at 1211 W. JAMES ST. The properties are zoned CS, COMMUNITY SERVICES and R-O, RESIDENTIAL OFFICE, and contain approximately 6.79 acres. The request is to vacate a utility and drainage easement_ RECOMMENDATION: Staff recommends forwarding VAC 15-5281 with conditions of approval. BACKGROUND: The subject property is located between Wedington Drive and James Street, which is west of Garland Avenue and the Harps grocery store. The property is undeveloped, but an area of trees was cleared in 2007 when a previous development was approved for the property. The applicants have submitted proposal to develop the property with apartments. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Smgle family RMF-24, Residential Multi -family _ South Sin le -family RSF-4, Residential Single-family West _ Multi -fames_-- C-S, Community Services _ East - Undeveloped RMF-24, Residential Multi family Proposal: The applicant proposes to vacate and replat a 20-foot utility easement and 30-foot drainage easement. 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 AEP/SWEPCO No objections Mailing Address: Planning Commission 113 W. Mountain Street WWW. PoegItI"16gov Fayetteville, AR 72701 Agenda Item 3 15-5281 Haven Communities Page 1 of 15 Source Gas AT&T Ozarks Electric CITY OF FAYETTEVILLE Water/Sewer No objections No objections with conditions No objections RESPONSE No objections Trash & Recycling N/A Transportation No objections with conditions Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 15-6281 with the following conditions: Conditions of Approval: 1. Vacation of the existing drainage easement shall not be valid until such time that a new drainage easement has been filed of record, covering the current drainage path and 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 Forwarded O 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 • One Mlle Map • Close Up Map Planning Commission 2016 G:1ETMDevelopment Services Revlew\20160evelopmenl Review115-5281 VAC (Haven Campus January 11, Communities)103 Planning Commission101-11-20661Comments and Redllnes Agenda item 3 3 15-5281 Haven Communities Page 2 of 15 BLEW & ASSOCIATES PA CIVIL ENGINEERS & LAND SURVEYORS, Jacob Rennick Blew & Associates, PA 524 West Sycamore, Suite 4 Fayetteville, Arkansas 72703 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS PETITION PETITION TO VACATE EASEMENTS LOCATED IN PARCEL d 765-13775-000, CITY OF FAYETTEVILLE, ARKANSAS The Fayetteville City Planning Conmrission and The Fayetteville City Council We; the undersigned, beiDg all the owners of the real estate abutting the easement hereinafter sought to be abandoned mid. vacated, lying in Woodbury Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to Vacate easements which are described as follows: A PART OF TFIE SOt3TfIEr1SI QCJAR2 li t?I+ TIIE NORIi-IRAS"I' QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 3i1'ivILS'L', L'Vt1SI INGT©N GOU T), Alik-ANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLL()VC�S, "0 Wl'I'_; COMMf� �iC�I�1G r1T I kfk'SOU T'H�VEST CORiti.Elt OF LOT 10, IvICCORMICK ADDITION UYTHE C31, it Ol I+tS TT P VIi LE ;,"r112I� tINSAS, St1.t:l) POTNT BRING A CONCRETE MONUMENI•,.AN. IKING I`I4.NCL�-N84°24'06"W 2.471"1,C� A r'OUND IRON PIN, THENCE S02°36'03" W.25188'.1*.O I'' ,! ,�'llI 1J I>C1INT OT BEGI%NIN{T, "l II N(;t3 S02°3i>'0?i'W 20.00', THENCE N87°06'36 C-4'28i69Y, TIIENG S87°0"6''>6"E 46'L88"I'O 'rHE POINT OF BEGINNING, COI�TJ1I NGC 2O= CMES., MORix .A PART OF TIM SOU7?1 n7AST QUt.dktER OF TI—I B N't7iZTIIEt1S"I' Qu"CR'ITm OF! SF,C11ON 8, TOkwsmI.P 16 NORTH, RANGE 30AL`trl;:'5 J', WASHINT&ON COUNTY", AltK INS�YS, lil'sINCY " i{1K1? I?t�iL I'ICI.7I:,r1itT Y DESCRIBED AS FGl.L6W. '3} tb', WIT. GOMiv i NCTN G rlI"T'T 1L SOt7'I'1 tL�{II S'1 ORNr:12 OF % O T"10, MCCU1TMIt:I{ r1D17I'I 10I1 TO I IIE C3 J t <ih FtYYE',IJ`i✓,I T_?, r1T214ANSAS, Sro POINT ISM ING t1 CONCRETE MONUNIIINT,AND RUNNING l %Ii NC`S "Ici84°24'il'6,° W 2.47'17() A FOUND IRON PIN, THENCE S02036'03"W 376,95'`IO A FOUN61"RON PIN, HI Iv(; S87709'54"R 46.79' TO A FOUND CHISI LED "W" THENCI'? S00"S0'27"W 146.V,, TO A F()UND CIIISE,",V' IN THE NORTH RIGHT-OF- WAY OF WESTWEDINGTON T)It[Vl ,.'I'FIIsNC I t1:C,G1NG SAI:Lj Rf6f IT" -CI -WAY N89°42'46"W 66.53' TO A FOUND IRON PIN, THENCE N7.03T4()"l`C 5. .s5' TO t1 %C7UND 1110-N PIN '!'HENCEN74'2025"W 158.42 TO A FOUND IRON PIN, THENCE N4404W49'�%q 207.40' TO A I:(.)UND mON PIN,'1'i-IENCE N56°07'04"W 271.85' TO THE TRUE POINT OF BEGINNINL G, TRENCRN56°017 04"�U 26.54' THENCE LEAVING SAID RIC°;FII'-C"3F-WAY N07°11'5"4'�l'i96:p8', I'FIGi�iCF: S8'7°10'49"E 20;31', .C'Ht�;N(.f�.5t77°l t'5J"I: 210.8$"':C t) 1 PI.i? I'OI.N•T' QF I3EGIN:NI.NG, CC)NTALNI'NG Q:Qa tl.CRES, �1C112I? OR T',TSS: That the abutting real estate affected by said abandonment of the easements are Parcel 11765-13775-001, 765-13776-000 and 765-13753-000 within the City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easements. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, 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. Dated this °L day of t�E c:' wd,',-- 20_ 1 �- . Printed Name SiVnature UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/2/2015 UTILITY COMPANY: Cox Communications APPLICANT NAME: Blew & Associates APPLICANT PHONE: 443-4506 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 wary), described as follows: General location I Address ❑ (ATTACHlegal description andgraphie representation of what is being vacated-SURVEi9 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 damage to or relocation of existing facilities will be at the owners/developers expense to relocate, it iaturcUtility Company.Representative Construction and Planning Manager Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/I/2015 UTILITY com.PANY: AEP/SWEPCO APPLICANT NAME: Haven Campus Communities APPLICANT PHONE: REQUESTED VACATION (applicant must check all float apply): Utility Easement U Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. a Alley D Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location 1 Address James St. cr Mount Comfort Rd. k (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 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.) G No objections provided the following conditions are met. Signature ak ti ity Company Representative Title December 2014 Page S UTILITY APPi2OVA FORM FOR RIGHT OF- WAY IL'Y, AND UTILITY EASEMENT V" C'A.TIONS DATE: 12/1/2015 UTILITY COMPANY: SourceGas APPLICANT NAME: REQUESTED VACATION (gpglieant must check all that apply IN Utility Easement L Right-of-way for alley or streets and all utility easements n Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley,, General location/Address James St @ Mnt. •COm ❑ (ATTACH legal description and b aphie representation PHONE: within the vacated rigbt- of- way. right-of-way), described as follows: zs being vacated-SURYE) UT'H= COMPANY COlYMENTS: ❑ No objections to the vacation(s) described above, and no omments. yz-i No objections to the vacation(s) described above, provide I following described easements fttained. (State the location, dimensions, and t�pc� se below.) On Parcel #765-13756-000 an easement to be retained 10` in width with the existing gas main being the center of said UE. ❑ No objections provided the following conditions are met: Signature of Utility / ,1/l j'� v ••..l Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/ 1 /2015 UTILITY COMPANY: AT&T APPLICANT NAME: Haven Cam l!s Communities APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): IX Utility Easement U Right-of-way for alley or streets and all utility easements located within the vacated right- of- way, i7 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 James St. ct, Mount Comfort Rd. ❑ (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: Il 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.) ix No objections provided the following conditions are net: If any AT&T facilities are required to be relocated due to this vacation will be the responsi ity of the property owner/ developer lity Company Representative 11 liffi.196MI a ► M9FAIN Lirc•enrber =1ii d Cl YII'L��731]+111IaC1lSurI FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/2/2015 UTILITY COMPANY: Ozarks Electric Co-op APPLICANT NAME: Haven Campus Communities APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): FX Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. [7 Alley Q 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 ' tr ILE1j t11ti11eriL4, l�[211£S tt_ Pt( 11t (lomfort 0 (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. J No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Note: This is in AEP/SWEPCO service area, not Ozarks Electric. qXnatuM of Utilit ompany Representative Lead Staking Tech. Title December 2014 Make 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/15/2015 UTILITY COMPANY: City of Fayetteville - Water & Sewer APPLICANT NAME: Haven Campus Communities APPLICANT PHONE: REQUESTED VACATION (applicant neust 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 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address Wedington Apartments, James Street @ Mount Comfort ❑ (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.) No objections provided the following conditions are met: & 4, —4b Signntur of Utility Compa 61epresentative . lAx � S LAPg-R,,*-7"e O N 5 mA njA Gam, Title December 2014 Page 5 ix 5.13 Au- ..... ... - fF q Exhibit "A" — Legal Description of Subject Property: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND IRON PIN WHICH IS N84'24'06"W 2.47' FROM THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AND RUNNING THENCE S02°36'03"W 376.95' TO A FOUND IRON PIN, THENCE S87°09'54"E 96.79' TO A FOUND CHISELED X, THENCE S00-50'27"W 146.23' TO A FOUND CHISELED X ON THE NORTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 16, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING 6 COURSES: N89°42'46"W 66.53' TO A FOUND IRON PIN, N74°33'40"W 35.85' TO A FOUND IRON PIN, N74°26'25"W 158.42' TO A FOUND IRON PIN, N44°48'49"W 202.40' TO A FOUND IRON PIN, N56-07'04"W 403.64' TO A FOUND IRON PIN, S87'53'23"W 84.42' TO A FOUND IRON PIN, THENCE LEAVING SAID RIGHT-OF-WAY NO2-52'34"E 146.92' TO A FOUND IRON PIN, THENCE S87°10'49"E 451.45' TO A FOUND IRON PIN, THENCE NO2'55'19"E 161.48' TO A FOUND IRON PIN, THENCE S86°42'53"E 104.41' TO A FOUND IRON PIN, THENCE S86°35'36"E 180.30', THENCE S03-32'12"W 159.96' TO THE POINT OF BEGINNING. CONTAINING 6.79 ACRES, MORE OR LESS. SUBJECT TO EASEMENT AND RIGHTS -OF -WAY OF RECORD. Exhibit "B" - 20' Utility Easement: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, SAID POINT BEING A CONCRETE MONUMENT, AND RUNNING THENCE N84024'06"W 2.47' TO A FOUND IRON PIN, THENCE S02'36'03"W 251.88' TO THE TRUE POINT OF BEGINNING, THENCE S02°36'03"W 20.00', THENCE N87°06'36"W 428.69', THENCE N56°07'04"W 38.83', THENCE S87°06'36"E 461.88' TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES, MORE OR LESS. Exhibit "C" - 30' Drainage Easement: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, SAID POINT BEING A CONCRETE MONUMENT, AND RUNNING THENCE N84°24'06"W 2.47' TO A FOUND IRON PIN, THENCE S02*36'03"W 376.95' TO A FOUND IRON PIN, THENCE S87°09'54"E 96.79' TO A FOUND CHISELED "X", THENCE S00°50'27"W 146.23' TO A FOUND CHISELED "X" IN THE NORTH RIGHT- OF-WAY OF WEST WEDINGTON DRIVE, THENCE ALONG SAID RIGHT-OF-WAY N89-42'46"W 66.53' TO A FOUND IRON PIN, THENCE N74-33'40"W 35.85' TO A FOUND IRON PIN, THENCE N74°26'25"W 158.42' TO A FOUND IRON PIN, THENCE N44°48'49"W 202.40' TO A FOUND IRON PIN, THENCE N56°07'04"W 271.85' TO THE TRUE POINT OF BEGINNING, THENCE N56°07'04"W 26.54', THENCE LEAVING SAID RIGHT-OF-WAY N07°11'51"W 196.98', THENCE S87°10'49'E 20.31', THENCE S07°11'59"E 210.88' TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS. VAR15-5281 One Mile View Eli HAVEN CAMPUS COMMUNITIES rn rn Q R-A'' SUBJECT PROPERTY Overview Legend ' 4 Hil De 1 Subject Property L __ Boundary { Fa .� 0 0.25 0.5 1 P e-Hilltop Overlay District n Overlay District ing Area teville les VAC 15-5281 Close Up View CEDAR ST Lvervi wVAC15-5281 �t Hillside -Hilltop C - - - Fayetteville City Footprints 2010 Design Overlay ------ Planning Area HAVEN CAMPUS COMMUNITIES ay District 037.575 150 225 300 Feet w a lu 4 J J Q T R-0 Ns w :ten HOLLY ST w 4 z %E tt! Q NORTHWEST ARKANSAS Democrat IV azefte Y._.Pox °rvi. rr,T'i 1�6;.i E. Fi r�l094 ,C: 4,2.Iri70°FN.. a,.r Eiq5 i1 8 WW WlvW/iUC„_011, 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. 5848 Was inserted in the Regular Edition on: February 18, 2016 Publication Charges $ 105.30 eAL V Vle, Cathy Wiles Subscribed and sworn to before me This J00 day of ;C'6, , 2016. t11I I I I,,r� f o UAV Notary Public :`��.�. "" My Commission Expires: 1-1� **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5848 File Number: 2016-0027 VAC 15-5281 (1211 W. JAMES ST./HAVEN CAMPUS COMMUNITIES): AN ORDINANCE TO APPROVE VAC 15-5281 SUBMITTED BY BLEW AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1211 WEST JAMES STREET TO VACATE PORTIONS OF UTILITY AND DRAINAGE 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 and drainage 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, drainage and trail 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 drainage easement shall not be valid until such time that a new drainage easement has been filed of record, covering the current drainage path and 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 73569769 Feb. 18, 2016