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Home My WebLink AboutOrdinance 5573Doc ID: 111121450005 Type: REL Kind: ORDINANCE Recorded: 04/09/2013 at 02:21:55 PM FeAmt: $35.00 Pape 1 of 5 Nashlnpton Co eunty, AR Kyle Sylvester Circuit Clerk File2013_00011621 ORDINANCE NO.5573 AN ORDINANCE APPROVING VAC 12-4203 SUBMITTED BY THE CITY OF FAYETTEVILLE FOR SEVERAL BLANKET EASEMENTS ALONG HALSELL ROAD, MAPLE STREET AND OLIVER AVENUE. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 following Conditions of Approval and shall not be in effect until the condition is met. 1. The vacation shall not be valid until a 20 foot water and sewer easement has been dedicated by the property owner. Each property owner is responsible for completing this task independently. PASSED and APPROVED this 19"' day of March, 2013. ATTEST: 0 SONDRA E. SMITH, City 9• ' 9RkANSP� EXHIBIT "B" VAC 124203 765-14493-000 420 N. OLIVER AVENUE (EARL ALLEN) BOOK 489 PAGE 15 PART OF THE NW/4 NE/4 SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT 209 FEET WEST AND 416.5 FEET SOUTH OF THE NE/C OF SAID 40-ACRE TRACT, RUNNING THENCE SOUTH 153.5; THENCE WEST 190 FEET; THENCE 153.5 NORTH; THENCE EAST 190 FEET TO THE PLACE OF BEGINNING. 765-14501-000 1623 W. MAPLE STREET (JACQUELINE WILLIAMS) BOOK 489 PAGE 16 PART OF THE NW/4 NW/4 NEA SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT WHICH IS 296 FEET EAST OF THE NW/C OF SAID 10-ACRE TRACT AND RUNNING THENCE SOUTH 330 FEET; THENCE EAST 100 FEET; THENCE NORTH 330 FEET; THENCE WEST 100 FEET TO THE PLACE OF BEGINNING, CONTAINING .76 ACRES MORE OR LESS. 765-14472-000 410 N. OLIVER AVENUE (JOHN LATOUR) BOOK 489 PAGE 17 PART OF THE NW/4 NEA SEC. 17-16N-30W, DESC. AS BEGINNING AT A POINT WHICH IS 209 FEET WEST AND 570 FEET SOUTH OF THE NE/C OF SAID 40 ACRE TRACT, AND RUNNING THENCE SOUTH 90 FEET; THENCE WEST 190 FEET; THENCE NORTH 90 FEET; THENCE EAST 190 FEET TO THE PLACE OF BEGINNING. EXHIBIT °B" VAC 12-4203 765-14505-000 1641 W. HALSELL ROAD (WILLIAM ORTON) BOOK 489 PAGE 18 COMMENCING AT A POINT WHICH IS 264 FEET EAST AND 330 FEET NORTH OF THE SW/C OF THE NW/4 NE/4 SEC. 17-16N-30W, THENCE RUNNING NORTH 330 FEET; THEN WEST 264 FEET; THENCE SOUTH 330 FEET; THENCE EAST 264 FEET TO THE PLACE OF BEGINNING, EXCEPT A ROAD OR STREET ON THE NORTHERN SIDE, CONTAINING 2 ACRES, MORE OR LESS. 765-14504-000 1663 W. HALSELL ROAD (LISA ORTON) BOOK 489 PAGE 18 COMMENCING AT A POINT WHICH IS 264 FEET EAST AND 330 FEET NORTH OF THE SW/C OF THE NW/4 NE/4 SEC. 17-16N-30W, THENCE RUNNING NORTH 330 FEET; THEN WEST 264 FEET; THENCE SOUTH 330 FEET; THENCE EAST 264 FEET TO THE PLACE OF BEGINNING, EXCEPT A ROAD OR STREET ON THE NORTHERN SIDE, CONTAINING 2 ACRES, MORE OR LESS. 765-14490-000 1647 W. MAPLE STREET (LARRY & JUDITH LANINGHAM) BOOK 489 PAGE 20 PART OF THE NW/4 NEA SEC. 17-16N-30W, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 196 FEET EAST OF THE NW/C OF SAID 40 ACRE TRACT, AND RUNNING THENCE EAST 100 FEET; THENCE SOUTH 330 FEET; THENCE WEST 100 FEET; THENCE NORTH 330 FEET TO THE PLACE OF BEGINNING, CONTAINING .76 OF AN ACRE. EXHIBIT `B" VAC 12-4203 765-14494-000 426 OLIVER AVENUE (SEAN & KIMBERLY VOLLENDORF) BOOK 489 PAGE 21 PART OF THE NW/4 NE/4 SEC. 17-16N-30W DESCRIBED AS FOLLOWS; BEGINNING 209 FEET WEST AND 316.5 FEET SOUTH OF NE/C OF SAID 40-ACRE TRACT, THENCE RUNNING SOUTH 100 FEET; THENCE WEST 190 FEET; THENCE NORTH 100 FEET; THENCE EAST 190 FEET TO PLACE OF BEGINNING. 765-14486-000 1660 W. MARKHAM ROAD (ROGER & KATHRYN WIDDER) BOOK 489 PAGE 22 PART OF THE NW/4 NE/4 SEC. 17-16N-30W DESCRIBED AS FOLLOWS: BEGINNING 20 FEET EAST OF SW/C OF SAID 40-ACRE TRACT, THENCE RUNNING EAST 90 FEET; THENCE NORTH 330 FEET; THENCE WEST 110 FEET; THENCE SOUTH 210 FEET; THENCE EAST 20 FEET; THENCE SOUTH 120 FEET TO THE PLACE OF BEGINNING. 765-14482-000 (1666 W. HALSELL ROAD) 765-14482-001 (UNDEVELOPED) 765-14480-000 (1624 W. HALSELL ROAD) BOOK 489 PAGE 24 PART OF THE NW/4 NEA SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT WHICH IS 330 FEET SOUTH OF NW/C OF SAID 40-ACRE TRACT, AND RUNNING THENCE EAST 396 FEET; THENCE SOUTH 300 FEET; THENCE WEST 396 FEET; THENCE NORTH 330 FEET TO THE POINT OF BEGINNING, CONTAINING 2.98 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 04/09/2013 02:21:55 PM and recorded in Real Estate File Number 2013-00011621 Kyle Sylvester- Circuit Clerk by L City of Fayetteville Staff Review Form Quin Thompson Submitted By City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only Planning Development Services Division Department Action '03: Vacation (HALSELL ROAD SEWER EASEMENTS, 482): Submitted by PLANNING STAFF for located on HALSELL ROAD, OLIVER AVENUE AND MAPLE STREET. All properties are zoned RSF-4, I Single-family, 4 units per acre. The request is to vacate several existing "blanket" easements in the Cost of this request Account Number Project Number Budgeted Item 0 Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Department Di ctor Date i City Attomp Date • 1 • Finance and Internal Services Director Comments: 3_1-zal3 Date 3 Y 7� Date 1-3 Date Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in EI I'�J Mayor's Office y/ls Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE RKA CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Mart, Chief of Staff Jeremy Pate, Development Services Directory From: Jesse Fulcher, Current Planner Date: February 13, 2013 Subject: VAC 12-4203 (Halsell Road Sewe Easements) The Planning Commission and staff recommend approval of an ordinance to vacate several "blanket" easements along Halsell Road, Oliver Avenue and Maple Street. BACKGROUND The subject properties are located on Halsell Road, Oliver Avenue and Maple Street. There are a total of 11 separate parcels that are impacted by "blanket" water and sewer easements that were obtained by the City of Fayetteville in the 1950's. The Utilities Department for the City of Fayetteville has reviewed the matter and determined that the blanket easements can be replaced with a standard 20 foot easement centered on the existing sewer line. The City of Fayetteville, on behalf of multiple property owners, is requesting to vacate the existing blanket easements shown on the attached maps and replace them with a standard 20 foot utility easement. Because the subject easement is only for water and sewer use, staff did not contact representatives from other utility providers. All adjacent property owners were notified of the vacation, pursuant to State law and City ordinance. Each of the impacted property owners were required to sign and return application forms agreeing to the vacation. Staff sent two separate letters to the owners; however, only seven (7) owners responded. The remaining blanket easements will remain in place unless signed authorization is received before the vacation is reviewed by the City Council on March 19, 2013. The remaining property owners may apply for a vacation at any time in the future. On February 25, 2013 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 12-4203 SUBMITTED BY THE CITY OF FAYETTEVILLE FOR SEVERAL BLANKET EASEMENTS ALONG HALSELL ROAD, MAPLE STREET AND OLIVER AVENUE. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 following Conditions of Approval and shall not be in effect until the condition is met. 1. The vacation shall not be valid until a 20 foot water and sewer easement has been dedicated by the property owner. Each property owner is responsible for completing this task independently. PASSED and APPROVED this APPROVED: By: LIONELD JORDAN, Mayor day of 2013. ATTEST: Lo SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "B" VAC 12-4203 765-14493-000 420 N. OLIVER AVENUE (EARL ALLEN) BOOK 489 PAGE 15 PART OF THE NW/4 NE/4 SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT 209 FEET WEST AND 416.5 FEET SOUTH OF THE NE/C OF SAID 40-ACRE TRACT, RUNNING THENCE SOUTH 153.5; THENCE WEST 190 FEET; THENCE 153.5 NORTH; THENCE EAST 190 FEET TO THE PLACE OF BEGINNING. 765-14501-000 1623 W. MAPLE STREET (JACQUELINE WILLIAMS) BOOK 489 PAGE 16 PART OF THE NW/4 NW/4 NEA SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT WHICH IS 296 FEET EAST OF THE NW/C OF SAID 10-ACRE TRACT AND RUNNING THENCE SOUTH 330 FEET; THENCE EAST 100 FEET; THENCE NORTH 330 FEET; THENCE WEST 100 FEET TO THE PLACE OF BEGINNING, CONTAINING .76 ACRES MORE OR LESS. 765-14472-000 410 N. OLIVER AVENUE (JOHN LATOUR) BOOK 489 PAGE 17 PART OF THE NW/4 NE/4 SEC. 17-16N-30W, DESC. AS BEGINNING AT A POINT WHICH IS 209 FEET WEST AND 570 FEET SOUTH OF THE NE/C OF SAID 40 ACRE TRACT, AND RUNNING THENCE SOUTH 90 FEET; THENCE WEST 190 FEET; THENCE NORTH 90 FEET; THENCE EAST 190 FEET TO THE PLACE OF BEGINNING. EXHIBIT "B" VAC 12-4203 765-14505-000 1641 W. HALSELL ROAD (WILLIAM ORTON) BOOK 489 PAGE 18 COMMENCING AT A POINT WHICH IS 264 FEET EAST AND 330 FEET NORTH OF THE S W/C OF THE NW/4 NE/4 SEC. 17-16N-30W, THENCE RUNNING NORTH 330 FEET; THEN WEST 264 FEET; THENCE SOUTH 330 FEET; THENCE EAST 264 FEET TO THE PLACE OF BEGINNING, EXCEPT A ROAD OR STREET ON THE NORTHERN SIDE, CONTAINING 2 ACRES, MORE OR LESS. 765-14504-000 1663 W. HALSELL ROAD (LISA ORTON) BOOK 489 PAGE 18 COMMENCING AT A POINT WHICH IS 264 FEET EAST AND 330 FEET NORTH OF THE SW/C OF THE NW/4 NE/4 SEC. 17-16N-30W, THENCE RUNNING NORTH 330 FEET; THEN WEST 264 FEET; THENCE SOUTH 330 FEET; THENCE EAST 264 FEET TO THE PLACE OF BEGINNING, EXCEPT A ROAD OR STREET ON THE NORTHERN SIDE, CONTAINING 2 ACRES, MORE OR LESS. 765-14490-000 1647 W. MAPLE STREET (LARRY & JUDITH LANINGHAM) BOOK 489 PAGE 20 PART OF THE NW/4 NE/4 SEC. 17-16N-30W, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 196 FEET EAST OF THE NW/C OF SAID 40 ACRE TRACT, AND RUNNING THENCE EAST 100 FEET; THENCE SOUTH 330 FEET; THENCE WEST 100 FEET; THENCE NORTH 330 FEET TO THE PLACE OF BEGINNING, CONTAINING .76 OF AN ACRE. EXHIBIT "B" VAC 12-4203 765-14494-000 426 OLIVER AVENUE (SEAN & KIMBERLY VOLLENDORF) BOOK 489 PAGE 21 PART OF THE NW/4 NE/4 SEC. 17-16N-30W DESCRIBED AS FOLLOWS; BEGINNING 209 FEET WEST AND 316.5 FEET SOUTH OF NE/C OF SAID 40-ACRE TRACT, THENCE RUNNING SOUTH 100 FEET; THENCE WEST 190 FEET; THENCE NORTH 100 FEET; THENCE EAST 190 FEET TO PLACE OF BEGINNING. 765-14486-000 1660 W. MARKHAM ROAD (ROGER & KATHRYN WIDDER) BOOK 489 PAGE 22 PART OF THE NW/4 NEA SEC. 17-16N-30W DESCRIBED AS FOLLOWS: BEGINNING 20 FEET EAST OF SW/C OF SAID 40-ACRE TRACT, THENCE RUNNING EAST 90 FEET; THENCE NORTH 330 FEET; THENCE WEST 110 FEET; THENCE SOUTH 210 FEET; THENCE EAST 20 FEET; THENCE SOUTH 120 FEET TO THE PLACE OF BEGINNING. 765-14482-000 (1666 W. HALSELL ROAD) 765-14482-001 (UNDEVELOPED) 765-14480-000 (1624 W. HALSELL ROAD) BOOK 489 PAGE 24 PART OF THE NW/4 NE/4 SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT WHICH IS 330 FEET SOUTH OF NW/C OF SAID 40-ACRE TRACT, AND RUNNING THENCE EAST 396 FEET; THENCE SOUTH 300 FEET; THENCE WEST 396 FEET; THENCE NORTH 330 FEET TO THE POINT OF BEGINNING, CONTAINING 2.98 ACRES, MORE OR LESS. Taye eve e PC Meeting of February 25, 2013 T IiKAN5T5 I H L CIIY OP FAYL-ITLVILL E. AiRKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Fehr a r -24,4044 Updated February 28, 2013 VAC 12-4203: Vacation (HALSELL ROAD SEWER EASEMENTS, 482): Submitted by PLANNING STAFF for properties located on HALSELL ROAD, OLIVER AVENUE AND MAPLE STREET. All properties are zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate several existing "blanket" easements in the neighborhood. Planner: Jesse Fulcher Findings: Property Description and Background: The subject properties are located on Halsell Road, Oliver Avenue and Maple Street. There are a total of 11 separate parcels that are impacted by "blanket" water and sewer easements that were obtained by the City of Fayetteville in the 1950's. The Utilities Department for the City of Fayetteville has reviewed the matter and determined that the blanket easements can be replaced with a standard 20 foot easement centered on the existing sewer line. Request: The City of Fayetteville, on behalf of multiple property owners, is requesting to vacate the existing blanket easements shown on the attached maps and replace them with a standard 20 foot utility easement. Notification: Because the subject easement is only for water and sewer use, staff did not contact representatives from other utility providers. All adjacent property owners were notified of the vacation, pursuant to State law and City ordinance. Each of the impacted property owners were required to sign and return application forms agreeing to the vacation. Staff sent two separate letters to the owners; however, only seven (7) owners responded. The remaining blanket easements will remain in place unless signed authorization is received before the vacation is reviewed by the City Council on March 19, 2013. The remaining property owners may apply for a vacation at any time in the future. G:\ETC\Development Services Review\2013\Development Review\12-4203 VAC Halsell blanket easements/Planning Commission\2- 25-13 PC forwarded\Comments and Redlines CITY OF FAYETTEVILLE: Water/Sewer RESPONSE No Objection. A 20 foot easement shall be dedicated over the existing utility lines. Public Comment: Staff has spoken with many of the property owner and neighbors in this area. No one has objected to the vacation. Recommendation: Staff recommends forwarding VAC 12-4203 to the City Council with a recommendation for approval subject to the following condition: 1. A new 20 foot water and sewer shall be dedicated to the City of Fayetteville before this approval is valid. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: El Forwarded Date: February 25, 2013 Motion: Cook Second: Hoskins Vote: 9-0-0 Notes: ❑ Denied ❑ Tabled G:\ETC\Development Services Review\2013\Development Review\12-4203 VAC Halsell blanket easements/Planning Commission\2- 25-13 PC forwarded\Comments and Redlines UTILITY APPROVAL FORM FOR RIGIIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6'1�) /-'A UTILITY COMPANY: APPLICANT NAME: _ _ _ APPLICANT PHONE: _ REQUESTED VACATION (applicant ntust check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) (ATTACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. K No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) r / / J J !l/� G � r K �/� ,�<a SE..r,�-. J`- !'B.rYm�d -" Y-1z7F-^ Or 5'piJ Eilr'NPc 9 c No objections provided the following conditions are met: Signature �o£%Utility �6mpany Representative Title August2012 February 25, 2013 pages Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 3 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY f ISLr-- S�D0.00 Date Application Submitted: Sign-Feet45'00 Date Accepted as Complete: S-T R: Case /Appeal Number: PPII. Public Hearing Date: Z.rme: Please fill 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 this information is furnished. Application: Indicate one contact person for this request: q Applicant _Representative Applicant (person !Waking request): Representative (engineer, surveyor, realtor, etc.): Name: City of Fayetteville (Jesse Fulcher) Name: Address: 125 W. Mountain Street Address: Phone: ( 479 ) 575-8267 Phone: Email: jfulcher a,ci.fayetteville.ar.us Email: Fax:(479 )575-8202 Site Address / Location: 1647 & 1623 Maple: 426 420 & 410 Oliver I641, 1663 1624 & 1666 Halsell: 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) forsubject property: 765-14493-000 765-14501-000. 765-14472-000, 765-14505-000 765-14529-000,765-14490.000 765-14494-000.765-14486-000,765-14482-000,765-14482-001,765_14480-000 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 (printed): 1Date: 11 113 � I �L- August 2012 February 25, 2013 Page I Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 4 of 48 PROPERTY 0WNER(N1AUTHOR1ZhDAGENP Ywe cortifyunder penalty of'perjury that I amlweare the Owner(s) of the property brat is the subject of this application and drat Ihvc have read this application and consent to its riling. ! s'i vuerl by the alrthuri cd n ela is lener &otpi each pro purl p arvuer urust be provided indirlifinx Ilsa! Ilse aeeur is awhorized to act on His/her behalf.) Owners (attach additional info if necessary): Nome (printed): V � ) )tr [7 C lz- Signanare: rr / Date: C� Name( rioted)_ Signnturcl: G ;�'(✓ �- /6/ I P1,-- Date: r Address: I(� N. �f ]I. f ),L- o / Phone: ( Y79) Address: Lt4 ' V A E phone:(47q) �3-f65y Sj b� QW Augasr 2012 February25.2013 Poge2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 5 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 426 N. Oliver Property address: 426 N. Oliver Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NW/4 NEA Sec. 17-16N-30W described as follows; Beginning 209 feet West and 316.5 feet South of NE/c of said 40-acre tract, thence running South 100 feet; thence West 190 feet; thence North 100 feet; thence East 190 feet to place of beginning. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to continent I do not object to the vacation described above. O I do object to the requested vacation because: Project Name N. nie of ProperlyO)vncr (printed) ') ` 1/ 4lt1�1. 1fhf11-1�i 1ai� 11 r,.I,fi Ira f o l'Propertly Owner August 2012 February 25, 2013 Page 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 6 of 48 flit{lLdh l:yii�'• ? dS�r�SGirP 1I)X 489 PAR 2JL VVOL ALL i•NiN BY T1WSB FBF.SJY'TTS: tabat nee 7 aLo_Coa�tte. ^^, haroihniNuor S�y1W �z'antoibe for and In AontONo'_un vo in hand paid, du hereby of One Dollar and other valuablo eansiderat£ane to GErant, Boll and OOM07 to the City of FnysttavSlla; r. viniotaal oorl'oostion, 1YashLnSton County, ArkCnuas, its euocooeors and assidna, a r£;,ht of way and assemont to conetruat, molnBoln,'. idyl ramovo, relay and operate Q 30nOr Iim and eppurtonenaoo thereto, on, ovoi�,Aacross and under the fallnain,i desavIbad lands situate in kashl2;ton ssv County, , ® Part of the-Nw/4 NE/4 Sec. 17-16N-30W desc. as follows: Bedlnnind 209' West and 316JI South of NH/c of 3aid-40-acre tract, thence rannind, South 100,; thence West 190, thenoo..North 100'i thence East 190- to place of beSinnind. ® •TO HAVE A14D TO 1011) unto tho 01Ly of Payattevillo� i$a suooeaaore end aesl3na, so lone As such line and/or eppvrtonanoeo thereto shell be maintalnod, elth £ngreas to and ac,roae firm the' promisee for the purpaae of ounatruotiny, SnspeotLng, - repo I rinA, Mint alnin_ and operating sold 11r6k. end,appurteualules. And the removal and rdna''aal of nobb line At will, In whole or in part, ..r •' - --" Jonnla Cake And h for And in canal ors an o 00. num of money paid Ae cons e � eran or2He'-'�, forado£nd, do hereby roleaoe and relinquish unto the C£ty of Payattev£lle; aforesaid, all my ripta of dower and heunstead in and to the above doeodlbad lends to the extent of the rights hareinabove rented. All coyemnt® and serasmonte, horein oontaknod shall Oxtoud to and Uo binding upon the helrat executors, ndminiatrators, loyal ropresentativao.arvd esaigns of the portion berate.. IN 4YITNES5 SIHFSF,OF Pe have .hsreuntt. sat our hands this ALday of 714"d ' Aeknonled cment fiTATE OF ARKANSAS ) OWNTf OF WASHINITON) BE IT RF64t®FBRD that on thin day Came bOfure th6 underol sd, a Notoly Public, ulthln and for the OWntg aforesaid, duly oorclas£oncd nMaotiadr - ,w.^' }� to me nell known 40 the erantore in the Soroao2'i.3^'� 5RRYI�i s avw ecacru oust they had executed the soma for the ennsiderutIoa Fbr, sue therein mentioned and set forth. hand and seal As such Notary Public this _$�dey of S.[ s y�1866 'a hY1- FIf_ED FOR RECORD, �. - ..e.., ;?�,. •� J.ASNINOTON CONNIY ARNAfi6/e VAC 12-4203 Halsell Road Agenda Item 2 Page 7 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY fiJ3t--5200.00 Date Application Submitted: Date Accepted as Complete: Case /Appeal bhomber:- pPli: Public Hearing Dare: 70nL' Please fill 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 this information is furnished. Application' Indicate one contact person for this request: V Applicant Applicant (person making request): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Representative Representative (engineer, surveyor, reactor, etc.): Name: Address: Phone: ( 479 ) 575-8267 Phone: Email: jfulcherGci.fayetteville.ar.us Email: Fax: (479 ) 575-8202 Site Address / Location: 1647 & 1623 Manle: 426, 420 & 410 Olivcr: 1641, 1663, 1624 & 1666 Halsull: 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-0 00, 765-14501-000 765-14472-000 765-14505-000 765-14529-000, 765-14490-000, 765-14494-000,765-14486-000,765-14482-(100.765-14432-001.765.14480-000 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 (printed): �>✓�9��J1e,�t�¢r Date: 1) 113, I August 2012 February 25, 2013 Page I Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 8 of 48 PROPERTYOWNER(S) /AUTHORIZED AGENT: Itwe 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 Iiwe have read this application and consent to its filing. (IfsIgneel by the anthor•ited areal, a letter ffaln each properly owner innsl be_provided hrrlicating that the agent is authorized to act on his/her behalf.) Owners (aaach additional info if necessary): j I Dame (primed): `CG I- ', l� 'i C"1CJE.'1 �� Signaturc:,'��„' 1�1416 //L�'� _ Dare, - <.. �' , 2--o / 3 1lamc(printed): ',r fll'rLY,t �7 /tl, _:,,vr i• Sit uatnre 1� ..t.- Date: .^I' , /,., 0/ 3 Address: Phone: Address: Phone: Auguit 2012 February 25, 2013 Page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 9 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 1660 W. Markham Road Property address: 1660 W. Markham Road Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NW/4 NE/4 Sec, 17-16N-30W described as follows: Beginning 20 feet East of SW/c of said 40-acre tract, thence running East 90 feet; thence North 330 feet; thence West 110 feet; thence South 210 feet; thence East 20 feet; thence South 120 feet to the place of beginning. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. O I do object to the requested vacation because: Project Name ' I Name of Property y/Owner (printed) ✓-� 2'ifC� u / � L"��i/ f- Signalu ' of Property Owner February 25, 20§asl2012 Planning Commissi ng VAC 12-4203 Halsell Road Agenda Item 2 Page 10 of 48 • 'Sl,l')Ei Cne x.AOF RON .489 PA151 22 KNOW Aid WM BY VXSE PCESFNTSr The. ra, Ao ur H. Widder _ And-- - v Ids of f0, h¢lain¢ aF 9�yYB Sd--rna�Oi^S, for and in aonoloo at -on or tkl0 psymonG of One Dollar and other Voluebla aoneldaratlana to us in bond paid, do horuby [grant, poll and convey to the Oity of Fayettev111e, a aunieipal aorporction, WeahinSton County, Arkansna, its saacoseors and asaldne, s rl�ht of way and easement to aonetmot, maintain, lay, rsRave, relay and operate a saver lino end appurtenances thereto, on, over, darooa and under the followind described lands al tuato In '•iaabinpton County, Arhoeana,:ta-nits Part of NW/4-NE/4 Sec. 17,-16N-30W does. as follows; Be31hnlo� 20' East of ZW/c o£ said 40-sore tract, thence runnin3 East 903; thence North 330'{ thence ;lest 1101, thence South 2101, thenso East 20•; thence South 1201 to close of bellnning.. ' NOTE: It brains expressly understood that the City, within a rooecnable Tsui, Shell restore any area diAturbed.by future maintenance to as near an possible the existing condition at the time of the dlSburtanoe. Aldo that this fmaemenp is for Sanitary Sewer Mahe as Constructed b �Yd p�ttevillo Sewg� yy eve t pyflcr i¢t N 2_ ad a of thI H '19 RA� ANDme'I�, HULD un Eo ire Vl iy o�B�l%, its p o a $ra and sanl,ins, ao lour, as such 1-ins and/or Apportenencos thereto Shall be maintained, elth tnAreaa to and a„redo from the promses iur she parpaae f aenat+'aat.;.j, ibspeotigg, repairinl,mlsintsinind and operatin; said Hoak and eppurtensnaea, And the ""oval a d rsnenal of auah line At will, in whole or in part - And T,,}hrvn f1•��i�¢ar __—e wife of the said Roger H. Wtdder for and In a ' 'IreElo4s o3' se �'of money paid as aena ora on or t o ` forogoins. do hereby rake so and rolinquish unto eye City of Fayottevi lie,.• afareeai, all nyr rd,;hta of dower and homoatead in.and to the abovs described lands to the extent oy the rlshts hercinohove c�•anted. All oovananto and agreements harem oontaioed Shall oxttld to and be binding upon the helre, ¢xeautara, edminidcratore, 1a�a1 repreaanea truce AM asal,ics of the paroled florets. IN WITNESS :'UHMOV we have hereunto act our hands this day of &1%Q fl9S6r `�'�" Aoknowled;mant STATE OF ARKANSAS } 0o0NTY OF WASRINOTON} ' OE IT Ri7 orarD that on this flay come before the Dodareidnods a Notary Public, within and for the Oounty aforesaid, duly oosnaoaionod amwactnd- _ to me wall known se the ,;renters in the loorag�a n6� Inatrueent and a to t they had executed the Same for the oonalderation end purposes therein auatlaned and met forth. WITNESS my hand and seal as auah Notary Pu So his ` ;day or FILED FOR n170 20 iq cnamission expires z WASHiSGTON COUNTY hAY'`11--'"�- , 'f1g6c SEPs 1356�� ,u0 ' A7 dKt't1 i.91 - 0 LUl ©❑ February 25 2013 _ _ Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 11 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION OR STAFF USE ONLY ]WxAf-WOV Date Application Submitted: Sign-Fevf4&00 Date Accepter! as Complete: S-T-R: Case /Appeal Number.- PPII: Public Hearing Date., Zone: Please fill 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 this information is furnished. Application: Indicate one contact person for this request: J Applicant _Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: City of Fayetteville (Jesse Fulcher) Name: Address: 125 W. Mountain Street Address: Phone: ( 479 ) 575-8267 Phone: Email: jfulcher(a)ci.fayetteville.ar.us Email: Fax: (479 ) 575-8202 Fax: Site Address / Location: 1647 & 1623 Maple• 426 420 & 410 Oliver• 1641, 1663, 1624 & 1666 Halsell; 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000 765-14501-000 765-14472-000, 765-14505-000, 765-14529-000,765-14490-000 765-14494-000.765-1448(r000.765-I4482-000,?65.144L2-(10l 765-1_ 1480.000 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 (primed): -ro1e,VvF Date: 11 13 1 12- Auguv 2012 February 25, 2013 Page t Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 12 of 48 PROPERTY OWNER(S)lAUTHORIZED AGENT.. Vwc certify under penalty of perjurythat i amiwe are the ownor(s) of the property that is the subject of this applioadOrl and brat Ilwe bave read this application and consent to its filing. (Ifsit+ned hY 1hn anN�nrirerl trtenl. rt !c!!er 1rart �aeh Ulnnm7votvncr uu+.+'! hC nrovrdrd iruliratirrt rhnl the agent is mrlhorked to a0 an his/her behalf.) Owners (attach addidona[ info if necessary): �" Name (In intcd): �i YVMYa FYA } P i c. Y I Signature: l�rltf btL La r Date: i,3J,a&13 Name (printed): Signnture: [late: Address: Phone: ( ) Address: Phone: ( 1 S� ys9�y .lugs( 2012 February 2b, 2013 1 10 > Planning Commission VAC 12-4203 Hatsell Road Agenda Item 2 Page 13 ot48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 1624 W. Halsell Road (Two Parcels: 765-14482-001 & 765-14480-000) Property address: 1624 W. Halsell Road (Two Parcels: 765-14482-001 & 765-14480-000) Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NW/4 NE/4 Sec. 17-16N-30W, described as beginning at a point which is 330 feet South of NW/c of said 40-acre tract, and running thence East 396 feet; thence South 300 feet; thence West 396 feet; thence North 330 feet to the point of beginning, containing 2.98 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: O 1 have been notified of the requested vacation and decline to continent. I do not object to the vacation described above. O I do object to the requested vacation because: Project Name 13cc�V�c�ca �Y�Lee3�3 f!xIrwrct Flct4�ifiYl Name of Property Owner (printed) Signature of Property Owner A ,gay 1012 February 25, 2013 Page 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 14 of 48 Parcel No, 765-14482-001 Parcel No. 765-14480-000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Barbara Fraleigh, formerly Barbara McCluskey, a single person, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: (Deed Book 1410 at Page 331 and Deed Ref. 92-55656) Part of the Northwest Quarter (NWY) of the Northeast Quarter (NEY<) of Section Seventeen (17), Township Sixteen (16) North, Range Thirty (30) West of the Fifth Principal Meridian, being more particularly described as follows, to -wit: Beginning at a point that is 330.0 feet South and 226.0 feet East of the Northwest (NW) corner of said forty (40) acre tract and running thence East 70 feet, thence South 310 feet, thence West 70 feet, thence North 310 feet, to the point of beginning. /_LD' Part of the Northwest Quarter (NWYn) of the Northeast Quarter (NEY,) of Section Seventeen (17) in Township Sixteen (16) North of Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at a point 330 feet South and 296 feet East of the Northwest Corner (NW/C) of said 40-acre tract, and running thence South 330 feet, thence East 100 feet, thence North 300 feet, thence West 100 feet to the point of beginning. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 24. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises exceptfor the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 3j dT day of N' , 2011. J Barbara Fraleigh, uary zs, za13 formerly Barbara McClusk arming Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 15 of 48 WATERISFW ER EASEMENT Page 2 of 2 ACKNOWLEDGMENT M. ICTgk} STATE OF ARKANSAS sm: ss. �O:o�ya USLIC COUNTY OFiN��L ) �ieCO BE IT REMEMBERED, that on this date, before the undersigned, a duly combar ara Macting Notary Public within and for said County and State, personally appeared Barbara Fraleigh, formerly cCloskey, a single person, to me well known as the person who executed the foregoing document, and who slated and, acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. y�l WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: /V i February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 16 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION OR STAFF USE ONLY I�Isis�3300.OtJ Date Application Submitted.'•%+�-- Date Accepted as Complete: .S'-7'-k: Case /Appeal Number. PPlk Public Hearing Dale: Gone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will nor be placed on the Planning Conerniscion agenda until this information isfiu-nished. Application: Indicate one contact person for this request: d Applicant_ Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: (479 ) 575-8267 Email: jfulcher@ci.fayelteville.ar.us Fax: (479 ) 575-8202 Name: Address: Phone: Site Address / Location: 1647 & 1623 Maple; 426.4_2_0_&_ 410 Oliver 1641 1663 1624 & 1666 Halsell; 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000 765-14501-000 765-14472-000,765-14505-000, 765-14»29-000.765-141190,.0.0, 765-IA494-000,765_14486-000 765-14442-000,765-14442-001,76.5-144_80-f)00 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 Au,gust 2012 February 25, 2013 pose I Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 18 of 48 PROPERTY OWN6'R(S)MUTHORIZL•DAGWNT. Vwe certify uncicr penalty of perjury That I amlwe are the owner(s) of the property that is the subject of this application and that Uwe have rend this application and eonSe3lt to its filing. I 'si ,-earl by the rmthurir-eel near, «leap• none each pra )erw,owner nuesr he prwidell i idivwiu L what thegu enr is authorized to act on his/her hchal f.) Owners (ealuch addidonall info if necessary): Name (printed); �yl (� L� r! f N (,�% )a,3 A &kk dress: } i Date: Phone: C ) Name (printed): Address: Date: Phone: ( ) 4141uri 2012 Fehmary25, 2013 page 2 Planning CommiSSien VAC 12-4203 Halsell Road Agenda Item 2 Page 19 of 4a PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 11/13/2012 Address / location of vacation:1.623 W. Maple Street Property addres. 1623 W. Maple Street Lot: Block: Subdivision: Fayetteville outlets REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NW/4 NW/4 NE/4 Sec. 17-16N-30W, described as beginning at a point which is 296 feet East of the NW/c of said 10-acre tract and running thence South 330 feet; thence East 100 feet; thence North 330 feet; thence West 100 feet to the place of beginning, containing .76 acres more or less. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. laz I do not object to the vacation described above. O I do object to the requested vacation because: August 2012 February25, 2013 page 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 20 of 48 Parcel No. 765-14501-000 WATERISEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Jacqueline A. Williams, Executrix of the Estate of Carl L. Williams, M.D., deceased, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2012-00030116 and 99-O82137) Part of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section Seventeen (17) in Township Sixteen (16) North of Range Thirty (30) West, more particularly described as beginning at a point which is two hundred ninety six (296) feet East of the Northwest corner of said ten acre tract, and running, thence South three hundred thirty (330) feet; thence East one hundred (100) feet; thence North three hundred thirty (330) feet; thence West one hundred (100) feet to the Point of Beginning, containing seventy six hundredth (0.76) of an acre, more or less. PERMANENT EASEMENT DESCRIPTION; A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 16. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2012. Jacqueline A. Williams Executrix of the Estate of Carl L. Williams, M.D. deceased February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 21 of 48 WATERISEWER EASEMENT Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Jacqueline A. Williams, Executrix of the Estate of Carl L. Williams, M.D., deceased, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2012, MY COMMISSION EXPIRES: Notary Public February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 22 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION roR SrATT Eli oNI.Y lii1-->sDORo Date Application Submitted; Sigynd a. B3 DD Date Accepted as Complete: S-T-R Case /Appeal Nurnber P)'d: Public Hearing Date: 7one: Please fill 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 this information is furnished. Application: Indicate one contact person for this request: 4 Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: ( 479 ) 575-8267 Email: jfulcher@ci.fayetteville.ar.us Fax: 479)575-8202 Name: Address: Phone:( ) Email: Fax: Site Address / Location: 1647 41623. Maplc, 42G, 420 & 410 Oliver- 1641 1663 1624 & 1666 Halsell; 1660 arkham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSFA Assessors Parcel Number(s) for subject property: 765-14493-000 765-14501-000, 765-14472-000, 765-14505-000, 765-14529-000 765-14490-000.765-14494-000.765-14486-000 765-14482-000,765-€4482-001,765-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, info niation, and evidence herewith submitted are in at] 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(printed): 1e�5Q_ Fy�C�� Date: II I13I12 1'0: August 1012 February 25, 2013 Page I Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 24 of 48 PROPERTYOWNER(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. ! si rrerl L tk« nnlhuri ed « ent a letrer roue rich n n rerr rnr um rxnst he eruvider! itu&carin that the at•ent is authorized to act on his/her behalf) Owners (attach additional info if necessar ): l- — 1� erH (�%. Name (printed): �•LX-1'ou{ Signature:, Date: -% i 2- Yr4 rH""• Name (printed) Signature: fN " Date: -12_ "f Address: IjZ kc3_ C-e-NTec't SCe.56n iYr�.2 iTAu %1�C t Ar IZ '7.) 7o) Phone! (9"R)� 3�f33 Address: t Ce t.Teet 5Z STE'1Jc7 E22ttigTr"n I l er /�R '7 X7D) Phone:m )q4+3--x7&' .y4ASs, 0 Augus( 2012 February 25, 2013 ft, 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 25 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 410 N. Oliver Avenues "roperty address: 410 N. Oliver Avenue Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right -of --way), described as follows: Part of the NW/4 NE/4 See.17-16N-30W, dese. as beginning at a point which is 209 feet West and 570 feet South of the NE/c of said 40 acre tract, and running thence South 90 feet; thence West 190 feet; thence North 90 feet; thence East 190 feet to the place of beginning. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. V I do not object to the vacation described above. O I do object to the requested vacation because: Project Name Namge of Property Owner (p? baw ��. SIGN Nunn Sigrri tffe of Property Owner February 25, 201`�ust 2012 Planning Commissionoge 3 VAC 12-4203 Halsell Road Agenda Item 2 Page 26 of 48 Parcel No. 765-14472-000 WATERISEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT John S. LaTour, a sy�y �rson, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT. SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington. State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Book 1212 at Page 194) Part of the Northwest Quarter (NW'/<) of the Northeast Quarter (NEY) of Section Seventeen (17), Township Sixteen (16) North, Range Thirty (30) West, described as beginning ate point which is South 89 degrees 31 minutes 09 seconds West 209 feet and South 0 degrees 30 minutes 41 seconds West 570 feet from the Northeast corner of said 40 acre tract; thence South 0 degrees 30 minutes 41 seconds West 102.37 feet to an existing iron pipe; thence North 89 degrees 31 minutes 16 seconds West 190 feel; thence North 0 degrees 30 minutes 41 seconds East 99.18 feet; thence North 89 degrees W minutes 09 seconds East 190 feet to the point of beginning, being situated in the City of Fayetteville, Arkansas, PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 17. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at anytime in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 5 * day of [spou ] February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 27 of 48 WATER/SEWER EASEMENT Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared John S. LaTour and la2wka 'n+- Lo-TdLL�, to me well known as the person(s) who executed the foregoing document, and who stated and ac nowledged that he/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 1" day of bEcr- gk , 2012. MY COMMISSION EXPIRES' STAN RODGERS - MY COMMISSION# 1237S2g7 ZrJ /t I' aZU EXPIRES: NolaryPublia washinglon county February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 28 of 48 . ;narsa OWN 489 Pare 1� r:rx :r a a,c1 .!.ti THESE fil -WVTS; 'a9:a'; en)", g$ ,,77 11 _ Cud _ 63ad�ra/Boll;..,,.,- 'raaci;: his i!ifo, tGr91nd1COPatl ty"icft ,Skantoro ;ci mrd In o";a,irtr.pai;i.;p e.. .•.a !'::i eat nollaandnconvvey totheCity ofooblo ldcl-atiOnD to Yoyotcevilla,uo Inu, Fardeldpelacorpo%ut""' Tdo hop lnahlnSton County, M1rkanaps 1te nucaeeaora and osat;;at, a p?,ht of ua�J ands 000amout to oonatruot, maintolu, lay, te'rvo, relay and opera-) d o0vot 7i:vr and appuPtononoen thoroto, on, Over, eand under the follovinf dee.uvAbod lands situate 1n Geahititon County, Akanooc Part of the NW/4 NE/4 Sac. 17-16N-30W desc. as ba�inninS at a point which is 2091 West and 570r South of the NE/e of said 40 acre tract, and runninl thence South 90?;,thence West 1901; thence North 901; thence East 190r to the place of beSinning. O TO HAVE. AND TO HOLD unto the City of Fa7ettev111a, its suocvsecrs and ereto shall • asalances so purpose Ofconatructlu�;, withSindreaslto and e„reeslne fromntherpromisesnfar the purpose aermea, theremovalaandnrenMl Ofnaushand "no ataalli,aindwhole ordInppart. and B' wiro of the said C. d. Ball o And I, Olsdas./@all r 'for money paid as e7 Of to'"'6CE+R and in oohereby ia"�E o oa and relinquish Pa O qu foregoing, do hereby relooae and relin uinh unto the City " dowor and hovn'etaad in and to the above doonribad ardreealfl all my r1,;1rts of lands to she extent of the rilbts herainebova granted. shall extend to flpd be All covenants and agroomonta heroin Contained binding upon the bears, executors, admintatratore, legal representatives and asst,ne of the parties harato. IN WITNESS SIH61tE0F qe have .hereunto set our hands this Za day offt±rtwrg_, ISM ' Aeknepled�ment STATE OF AMANSAS ONJIM of WASNIN1,700 DE, IT SFbZ IDptIRD that on this day oana• before the undarni -nod, a Notary o T �yBalll&o, ulthin and for the doranty aforsoald, duly oamvioaioned 0n$ ootind _ Clad e B �� to mo won known as the grantors in the i•oronmY ns roman mlh teted'flwt they had oxeoutod the soma for the ocosldaration and Fvog"11 therein mentioned and act forth. WIT'ri1:55 t,,y+daifd sod noel as such tt0 tarp Dublin tat 0 dayof Fobru@ry O. ?v.}. s,; •` FILED FOR RECORD �La_g,^fJyy„ 'Foc?;risa+_-ori nnglPca s PLry.SNINctO't U7UNFY iI�G"SA3 �,. ....i . dMrT_ a7 Al C VAC 12-4203 Halsell Road Agenda Item 2 Page 29 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF' USE ONLY 1=wL''-4200.00 Date Application Submitted: Sign Fee,— 43,00 Dale Accepted as Complete: .1;1 T-I? Case /Appeal Number: 1'110: Public Hearing Date: Znmr Please fill 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 this information is furnished. Application: Indicate one contact person for this request: J Applicant Applicant (person making request): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: (479 ) 575-8267 Email: jFulchor(a?ci.FayetteviEle.acus Fax: (479 ) 575-8202 Representative Representative (engineer, surveyor, realtor, etc): Name: Address: Phone: ( ) Fax: ( ) Site Address / Location: 1647 & 1623 Monte; 426,420 & 410 Oliver; 1641 1663� 1624_& 1666 Flalse_ ll I660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000, 765-14501-000 765-14472-000 765-14505-000, 765.14529.000,765-14+190-000, 765-14494-000. 765-14486d000�765-14.182-(100,765.144_92.001_765-14490-000 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 (printed): 1e-s9Q- 1" 01CIVICF Date 11 13 � 1 a - February 25, 2�us12012 Planning Commissdnge 1 VAC 12-4203 Halsell Road Agenda Item 2 Page 30 of 48 PROPERTY OWNER(S) /AUTHORIZED AGENT: Uwe certify under penalty of perjury that I am/we are t11e 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. (lfsigned ba the tertthru ized mart. n leper /ivru+ r•arh araNerry n+vaer_nrnct he nra Bided i+rrlicatb+e tlrnf the agent is authorized to act on his/her behalf) Owners (attach additional info if necessary): Name Datc: Name (primed): $Ib'❑Bt[II'C:/1.A.S iL �I�� i h � �t fit' ��r Date: �)-4012 Address: Phone: AuBi+st2012 February 25, 2013 pQ$e 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 31 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 1663 Halsell Road Property address: 1663 Halsell Road Lot: Block: Subdivision: Fayetteville outlets REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Commencing at a point which is 264 feet East and 330 feet North of the SW/c of the NW/4 NE/4 Sec. 17-16N-30W, thence running North 330 feet; then west 264 feet; thence South 330 feet; thence East 264 feet to the place of beginning, except a road or street on the northern side, containing 2 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to continent. AI do not object to the vacation described above. O I do object to the requested vacation because: Proj eel Name L 1 S ,t N4nic of Property Owner (printed) Signature of Property Owner February 25, 2013' 'rt 2012 Planning Commissionage 3 VAC 12-4203 Halsell Road Agenda Item 2 Page 32 of 48 Parcel No. 765-14504-000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: T""T Lisa Marion Orton, hereinafter called GRANTOR, for and in c i, of the sum of One Dollar ($1.00) and other good and valuable cor,�.uui ation, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge an;;,, , operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: DESCRIPTION: (Deed Ref. 2012-00014743) Part of the South Half of the Northwest Quarter of the Northeast Quarter of Section Seventeen (17) Township Sixteen (16) North, of Range Thirty (30) West, described as follows: Beginning at a point which is One Hundred Thirty-two (132) feet East and Three Hundred Thirty (330) feet North of the Southwest corner of said twenty acre tract, and running thence North Three Hundred Thirty (330) feet, thence West One Hundred Thirty-two (132) feet; thence South Three Hundred Thirty (330) feet, thence East One Hundred Thirty-two (132) feet to the place of beginning, containing one (1) acre, more or less, except the road or street on the North side thereof. Subject to covenants, easements and rights of way, if any. Subject to all prior mineral reservations and oil and gas leases. PERMANLNT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 18. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of ;of, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in nd agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the _ day of 2012, I� Y "Mar�ion 1 i�A [spouse] f4 February 25. 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 33 of 48 WATER/SEWER EASEMENT Page 2of2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lisa Marlon Orton and to me well known as the person(s) who executed the foregoing document, and who stated and acknow€edged that she they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. 1 WITNESS my hand and seal on this 3 _^ day of JC3f Iw�, 201$ MY COMMISSION EXPIRES: R U1 oZ _ �l( Notary Public TANDI L. TAYLOR Washington County Notary Public -Arkansas My Commisison Expires: Aug. 2, 2016 February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 34 of 48 kr3�a Liiir ��,sr•.96uti� soar �gy PAfE All KHOV AIL AR:II BY THESE PRY4SFMWi IIIIAN R. oRrom;J91 m4thoU R. a%MQ Thou wo. _.-.. F1`_......, cod .Lvrisv ;A:—fadon_ Lie 'life. barolneL or a y bd 3r4iFliF5;'for and in co'ii"Oo cpr'siin vi' `ia0 pxyme of one ➢oilor and abhor valerdhlo eon*Sdardtlona to us In head paid, do horohy grant, $all and oonvby to the City of Fdyattavillo, it municipal eorporntien, W6 hinston Cauhty, ArhtaAams, lta obaooasora and aestgao, A ri.ht Ot nay and casomant to oonatruot, vwlntaln, luy, remove, relay 94 oporattc a atner line and appurtetien"A thbrato, on, over, earoas and uAdor tha folloola,; dosaribod I ads sltuato in l,cohlrVton County, Arkansam, to -wit: Cononenoing'et a point which is 2641 Best and 3301 North of the W/o of the 71/4 NE/4 Sea. 17-15N-30W; thence runninj North 3301; thence Woot 2641; thence South 330t; thence Bs'st 264' to the place of bedlnning. except a road or street on the northern side, oontalnin, 2 acres, more or loss., TO HAVF. AND TO HOLD unto the City of Fayetteville# its successor* and asai,ina, so long as such Sine and/or apDurtonanaea thereto shall be mainteinad. pith ln3reas to and oaresn from the promiooa for the purposa of eon tructin„ Snapecttny, repairin5, malntalnlnd and opOratln' acid llret and. eppurtononct*, and the removal and renewal of such lino At will, in whole or In part. 7A) wH R. oRTO // LFiA%A? R. onra�r JR And I, �FstAt v n1f* 0� Pha said a fop end Sn sons ore ion oP aaf u, of mono old ea sons dorm ion or foregoin3, do hereby release and rellnqulah'unto the MY of puyw- villa aforoaaid, all lay rf,:hts of dower and homratoad In and to the above doeor{bod lande to the eatont of the rl�hte herainahove granted. A1% covecanta and agreements herein contained shall extend to and be binding upon the h9tra, ameoutors, administrators, le,,al representatives and assijnn or the parties hereto, •1, IN WITNESS 109MW.OF we hoe hereunto set our hands this I/ tiny ofkwL 1959, aounonlea_mant STATE OF ARKANSAS ) COUNTY OF WASITIN9TON) - 2E IT RF.tnRijBpAPO that on this day tame before thv undorsie'nod, a Notary lie, Within-epd for the County aforenald, duly ooaodosioned ail oo tin�21"•" ��(G — ato ms well known AS the drantora in the t46o: n3 *1?h Mali a; , a se t they had exeoutod the aoma for the 0000ldorution and punpo'doo thorein•mantionod and oot•fortb. . r VIT4R.:a6,, i�r hodd and Goal as abth Notary Public thL* �7 day of '.�h•>3. KILED VCR aECORl,v„_._..�. �..— :iy o0tin"i�si�.d' cxpirsa 18R$hl:ra40!i fCV aY aN19SI5A, SEPB 1956 of V+^ a ra�f ✓ February 25, 2013 rrpl C M VAC 12-4203 Halsell Road Agenda Item 2 Page 35 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE, ONLY F9&—W&00 Date Application Submitted: Sign-Feo'-M-00 Dale Accepted as Complete: S-T-R: Case /Appeal Number.- PP 0: Public Hearing Dale: Zone: Please fill 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 this information is furnished. Application: Indicate one contact person for this request: 4 Applicant _Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: ( 479 ) 575-8267 Email: ,(fulcher(�ci.fayettevil le.ar.us Fax: (479 ) 575-8202 Name: Address: Phone: ( ) Email: Fax: Site Address / Location: 1647 & 1623Mnplc� 426, 420 &Al0 Oliver I(,41. 1663 1 C?4 a@ 16CL6lialsell- 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000. 765-14501-000, 765- i 4472-01)0765-14505-000, 765-14529-000,765-1449U-000.765r14494-000.765-14486-00Q 765-i4482.000 , -114492-001 765-114480-000 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 (printed): 6 S-w-"F,Jh, Date: 11 13 I a - August 2012 February 25, 2013 Page, t Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 36 of 48 PROPBRI'f' OWNERS) IAUTHORIZED ,4GEN7': Ilwe cenify under penalty of perjury that I ain/we are the owner(s) of the property that is the subject of Ibis application and that llwe have read this application and consent to its filing. LTsigned by the authorized rent, a letter f•on coelr pranerly owner anrsl he nrrmided indivakng, !ha! the a¢ent it anlhoriaed to act on his/her behalf Owners {attach additional info if neeessary). Name (printed): Signature: Date: 1 l22 / 13 Name(printcd): Signaluro: ' Date: I i Address: Phone: Address: Phone: Qugrn 2012 February 25, 2013 Pngc d Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 37 of 48 PROPERTY OWNER NOTIFICATION FORM IC OR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 1641 W. Halsell Rd. Property address: 1641 W. Halsell Rd. Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Commencing at a point which is 264 feet East and 330 feet North of the SW/c of the NW/4 NE/4 See.17-16N-30W, thence running North 330 feet; then west 264 feet; thence South 330 feet; thence East 264 feet to the place of beginning, except a road or street on the northern side, containing 2 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. VI do not object to the vacation described above. O I do object to the requested vacation because: Project Name \%41 V4 2 • &.611e,..� Name of Property Owner (printed) Signature of Property Owner August 2012 February 25, 2013 page 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 38 of 48 Parcel No. 765-14505-000 WATERISEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT William R. Orton, III, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar (81.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water ani:14 sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, Stale of Arkansas, to -wit: (Deed Ref.2012-00014744) Part of the South Half of the Northwest Quarter of the Northeast Quarter of Section Seventeen (17) Township Sixteen (16) North, of Range Thirty (30) West, described as follows: Beginning at a point which is One Hundred Thirty-two (132) feet East and Three Hundred Thirty (330) feet North of the Southwest corner of said twenty acre tract, and running thence North Three Hundred Thirty (330) feet; thence East One Hundred Thirty-two (132) feet; thence South Three Hundred Thirly (330) feel, thence West One Hundred Thirty-two (132) feet to the place of beginning, containing one (1) acre, more or less, except the road or street on the North side thereof. Subject to covenants, easements and rights of way, if any. Subject to all prior mineral reservations and oil and gas leases. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 18. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 10 day of Je&_^oel , 2012. ,M ��• r � Or (911111f: • . [spouse] February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 39 of 48 WATER/SEWER EASEMENT Page 2 of 2 ACKNOWLEDGMENT TAN L. TAYLOR Washington County STATE OF ARKANSAS ) Notary public - Arkansas ss. My Commlelson Expires: Arlg. 2, 2016 COUNTY OF WASHINGTON ) __ BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared William R. Orton, III and to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that heAey had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of_jUp4 bar- , 2012. MY COMMIS/SIION EXPIRES: Notary Public February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 40 of 48 man YdNf,. : Aga2,NT roru 489 rare IS KNOW AM r9RN BY THESE PRRSMIT$t That na ItLAdt ' R Oa'1'Opj��(( =ApoDAd Lw kj ,��ona] ha w11e, bard na or oty od Ca %F o5•ond in eo:ic�oc�PG un"ei"i�o p.—Aird of One Dollar and other Valaablo coneiddratlone to us in ➢and paid. On hereby hivnnnt, mall and convoy to the Oity of Payo Etev113a, a minfolppol corporation, nahinjton County, Arkohnoo, its Aueoescors and aasidna, a vi-be of nay and oasemeot to construct, tmintain, lAy, remove, relay sad oDaral;o a mover line and Apputtonowes thereto, one over, across and under the tollavind described lands situato in VashlrUton County, Arkenaoo, to -wit: Commencing"tt a point which la 2641 East and 3301 North of the SN/c of the HU/4 NE/4 Sea. 17-16N-30W, thence running North 3301; thane peat 2641 thence South 330r; thence Ea'at_2641 to the place of beginning, except _ a road or street on the northern side, eontaininS 2 acres, more or less„ TO HAVE AND TO HOLD unto -the City of Fayektavllla, lta Oaee65801`8 and aaauna, so long as such line and/or appuvtohnnoea thereto shell be maintained, pith Ingress to And o„reaa from the prsaiuee for the purpoa➢ of c,notruct0j, lnspeotiryg, rapalrtn,4, maintatnln} and spore timl amid Lind and, eppuntenWleoa, and the removal and renowal or such live at will, in nhole or in part, TdN, J,p And I,A r f� vl�(,RA. T0.8' p wife or the •said W�IA/Ai+r R• for and in cons eraaticn oY said eam of mono tore ei y path ea tons era n 1or t 3 g ad, do hereby hta ate and rand homsh rondo the City of Fabove dosle, alnrea to e3e to riort of dollar and hoa ovoad In and to the ntoeo dssariDad Ianda to the nantnt of the rights horainabont grouted. All covenants and aexceaents herein atntainad shall extend to and Too ➢indtra upon the rtion. saooutote; edminiatroeora, lm�ol repraaeetatfvoe and anmigns of the portion. hereto, •yy IN WITNESS WITERBOF ne have hereunto set our hands this Vf 4d7 of/R„so assB,. , ' Anknonled.:m0nt IITATE OP AF1KANSA3 ) COUNTY OP WASNINSTON) BE IT IIEt^,•dd1F1iEU that on this day cam, before the undorel •ned, a Notary P lis, nithln and for the OounEy afmaotld, duly com'Lbaioned afa� no tin mo all knOnn as ohs drentors in nd the �or3dOL oN ao '-?vyfhcian' eo"�a'ta t that' had enacutod the Dome for the ounaidoratfon And purpodoo, thervt A-"ntionod an8 act -forth. WITFIESyvjy hpdd and seal as such Notary public this „4day of " FILED POR WOR 91 � tAj toiaAYaaiprt oxplPee: Wa„SNINIfON COBG:P.' - - 5EP5 10 (b._r111 rm'T' VAC 12-4203 Halsell Road Agenda Item 2 Page 41 of 48 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE December 3, 2012 Roger & Kathryn Widder 1660 W. Markham Road Fayetteville, AR 72701 Re: 1660 W. Markham Road — water and sewer easement Mr. & Mrs. Widder, This letter is in regards to a water and sewer easement located across your property at 1660 W. Markham Road. A property owner on Halsell Road brought to our attention a large easement across their property that was obtained by the City of Fayetteville in the 1950's. During our research it was discovered that there are in fact 11 separate properties in this area that are impacted, and the easements cover the entire property (blanket easement). Because of the limitations imposed by a utility easement, we feel that the easements should be reduced to only what is necessary to allow continued service and maintenance of the existing utility lines. The Utilities Department for the City of Fayetteville has reviewed the matter and determined that the blanket easement could be replaced with a standard 20 foot easement centered on the existing sewer line. The process to vacate a utility easement is set by Arkansas state law and requires that the affected property owner agree to the vacation. Attached is a vacation application and property owner notification form. If you would like the City to replace the existing blanket easement that impacts your entire property with a standard 20 foot easement that impacts only the area where the utility line is located, then please sign the second page of the application and mark the "I do not object" box on the notification form. The attached water and sewer easement document must also be signed, but a notary needs to be present at the time. The City has several notaries on staff that can be available at a time that is convenient for you. The vacation request will be presented to the Planning Commission and City Council. However, the exact date of the meetings won't be determined until we've made contact with each of the affected property owners. We will contact each owner again once these dates have been set. This is somewhat unique situation, so please don't hesitate to contact me if you have any questions or concerns. Thank you for taking time to review this information. Sincerely, Jesse Fulcher Current Planner City of Fayetteville cc: Jeremy Pate, Development Services Director David Jurgens, Utilities Director e oruary Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 42 of 48 EX^NJ V - % PL-T-nvv— * 3-THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE January 18, 2013 Roger & Kathryn Widder 1660 W. Markham Road Fayetteville, AR 72701 Re: 1660 W. Markham Road — water and sewer easement Mr. & Mrs. Widder, This is a follow-up to my letter dated December 3, 2012 concerning the blanket water and sewer easement on your property. In the last month I've spoken with several of your neighbors on Halsell, Oliver and Maple that are also impacted by this blanket easement. I informed them that the City would process the vacation applications for those that returned signed applications and notification forms. To date I've received four signed applications. In order to keep moving forward towards a resolution for the impacted properties, staff will be presenting these four vacation requests to the Planning Commission on February 25, 2013 and the City Council on March 19, 2013. If you would like to be a part of this joint request then we must receive the signed vacation application and notification form no later than February 6, 2013. You can always submit your signed documents at a later date, either individually or with another group of property owners. There is no obligation for any property owner who returns the signed application to attend the public meetings. However, you are welcome to attend and speak at both meetings. Staff is attempting to correct this situation and limit the amount of time that the property owners have to devote to the matter. Please don't hesitate to contact me if you have any questions or concerns. Thank you for taking time to review this information. Sincerely, Jesse Fulcher Current Planner City of Fayetteville cc: Jeremy Pate, Development Services Director David Jurgens, Utilities Director e ruary Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 43 of 48 0 200 400 800 Feet n February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 44 of 48 VAC 12-4203 Close Up View RSF-4 HALSELL RD SEWER EASEMENTS 0 F-1 CPZD Legend PgyhO R •••......... Multi -Use Trail (Existing) ......... Future Trails 111110 VAC72-4203 JI eriev,17ayetteville City Limits Footprints 2010 — Hillside -Hilltop Overlay District [_ _! Design Overlay Di s1rict Design Overlay Di trict 0 150 300 600 e00 1,2" F bru25, 2013 P nninary I Commission Agenda Item 2 Page 46 of 48 VAC12-4203 HALSELL RD SEWER EASEMENTS One Mile View ' id l lit ...............,,..:,....,...... f J RSFJ • ' f RSF+; a I +.+.. ACOUw"c,0 ;r - - SUBJECT PROPERTY Overview Legend f�3 Subject Property a� - Q VAC 12-4203 �w^.! ❑ - �—• Boundary 0 0.25 0.5 1 P•I P q"ry 25, 2013 Pianninu Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 47 of 48 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NEWARKA SPMERS THE MORNING NEWS OF ROGERS RTHWEST TIMES LLC BENOTON COUNTY AILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P,O, BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE RECEIVED Ordinance No. 5573 APR 0 9 2013 Was inserted in the regular edition of Northwest Arkansas Times on: March 28, 2013 Publication Costs: $ 90.79 V�a_,cc.U2 oa_a.ti Karen Caler Subscribed and sworn to before me This ( day of 0-P,-E. , 2013. (�Wk 1,2 Notary Public (( , My Commission Expires: Zlbo Za14 TF::3ILESniy . ExPues2014 **Do Not Pay from Affidavit" **Invoice will be sent** CITY OF FAYETTEVILLE CITY CLERK'S OFFICE