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HomeMy WebLinkAboutOrdinance 5452 Doc ID: 014294010004 Type. REL Kind: ORDINANCE Recorded: 11/08/2011 at 12:10:03 PM Fee Amt: 530.00 Paae 1 of 4 Waehinaton Countv. AR Bette Stamae Circuit Clerk File2011.00031286 9 ORDINANCE NO. 5452 AN ORDINANCE APPROVING VAC 11-3940 SUBMITTED BY COOVER CONSULTANTS FOR PROPERTY LOCATED IN THE SUMMIT PLACE SUBDIVISION TO VACATE A PORTION OF A UTILITY EASEMENT THROUGHOUT THE SUBDIVISION. 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 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 conditions of approval and shall not be in effect until the conditions are met. 1. Easements for water and sewer lines shall be 10 feet from centerline of pipes to the edge of easements. No easements shall be vacated that result in less than 10 feet from the centerline of a pipe to the edge of an easement. The owner/developer shall be required to coordinate water and sewer locates and survey the marked locations of all water and sewer lines and present the findings to the City of Fayetteville for review. 2. Any rearrangements in the electric distribution system which may be required by the customer shall be paid for by the customer. New easements will be required to serve the new subdivision layout. 3. Relocation or damage to utilities will be at the owner/developer's expense. Page 2 Ordinance No. 5452 PASSED and APPROVED this 18'h day of October, 2011. APPROVED: ATTEST: By: �r-' By: Lp�D JO A ,Mayor SONDRA E. SMITH, City ClerOTreasurer e�+� RWTR �<<. Al' G.NS Y D �` • � =U• ;FAYETiEVlLLE; '.9sy:4;KANSQS J��a ^u{ AC 11-3940 -rte � ,\'� o n '�,, -,,�. • ' �I uvx xre � ' 't �X./ �� 3.-`� q ��� F � ptl •�pg f�.0 IR .[.x IR IppT� ! ,� ', r` . - ! '��;� At '' 'N . L� -e��� -E�i P. 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"g �. , �i�'. � ',tl ���'< =� 1,�E ' `ir` [ e �• '"ESI - � i §� �-a.` { EXHIBIT "B" VAC 11-3940 THE 5-FOOT PORTION OF THE EXISTING 25-FOOT UTILITY EASEMENT THAT IS FARTHEST FROM THE STREET RIGHT-OF-WAY, RESULTING IN A FINAL UTILITY EASEMENT WIDTH OF 20 FEET ALONG MARKS MILL LANE, MARWOOD AVENUE, WINDSWEPT LANE, OZARK VIEW DRIVE AND CHAMPION DRIVE IN THE SUMMIT PLACE SUBDIVISION, EXCEPT ALONG THE EAST SIDE OF FRESHWATER AVENUE WHERE A 10-FOOT PORTION OF THE EXISTING EMPTY 25-FOOT UTILITY EASEMENT IS TO BE VACATED RESULTING IN A FINAL UTILITY EASEMENT WIDTH OF 15 FEET. Washington County, AR I certify this instrument was filed on 11/08/2011 12:10:03 PM and recorded in Real Estate File Number 2011-00031288 Bette Stam s-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1 011 8/2 01 1 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 11-3940: Vacation (Summit Place Subdivision, 329): Submitted by COOVER CONSULTANTS for property located at the SOUTH SIDE OF TOWNSHIP STREET AND EAST OF COLLEGE AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION. The request is to vacate a portion of a utility easement throughout the subdivision. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached � - q .30� 154b E Previous Ordinance or Resolution# Departr "en�tVector Date L, Original Contract Date: `- -)a Zd l I Original Contract Number: CilyAttomey {� Date Finance and Internal Services Director Date Received in Cityf - - Clerk's Office Chief of 5 Date p Received in EnEq � IJMayor's Office yor IL /�Dat Comments: Revised January 15,2009 Taye evi le THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: September 30, 2011 Subject: VAC 11-3940 (Summit Place Utility Easement Vacation) RECOMMENDATION Planning Staff and the Planning Commission recommend approval of an ordinance vacating a portion of a utility easement throughout the Summit Place neighborhood. BACKGROUND The subject property is located approximately 500 feet east of College Avenue on the south side of Township Street. The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50 single family lots. This property was recently rezoned from RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation. The applicant proposes to re-plat the Summit Place subdivision from 50 single family lots into 123 single family lots (PPL 11-3902). Because the NC zoning district is a form-based zoning district homes are required to be placed close to the street within a 0-25-foot build-to zone. The original Summit Place Subdivision platted a 25-foot front setback and utility easement adjacent to the street. In order to be able to construct homes within the build-to zone, the applicant proposes to vacate the rear 5-feet of the 25-foot utility easement adjacent to the public streets throughout this neighborhood. The applicant's request is to vacate the rear five feet of a general utility easement located adjacent to all of the interior streets in the Summit Place Subdivision. The applicant has submitted the required easement vacation notification forms to the utility companies with no objections. DISCUSSION On September 26, 2011, the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 7-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3940 SUBMITTED BY COOVER CONSULTANTS FOR PROPERTY LOCATED IN THE SUMMIT PLACE SUBDIVISION TO VACATE A PORTION OF A UTILITY EASEMENT THROUGHOUT THE SUBDIVISION. 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 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 conditions of approval and shall not be in effect until the conditions are met herein. 1. Easements for water and sewer lines shall be 10 feet from centerline of pipes to the edge of easements. No easements shall be vacated that result in less than 10 feet from the centerline of a pipe to the edge of an easement. The owner/developer shall be required to coordinate water and sewer locates and survey the marked locations of all water and sewer lines and present the findings to the City of Fayetteville for review. 2. Any rearrangements in the electric distribution system which may be required by the customer shall be paid for by the customer. New easements will be required to serve the new subdivision layout. 3. Relocation or damage to utilities will be at the owner/developer's expense. Ord. Pg 2 PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer X1111111111111 Hlilfi1§p111111llllE1XHIBITrIAi9iiiiiiiiiiiiiiiilillliiillllliii VAC 11�9Q0 �L- LC I n-lwffm All r y rr r w»l IK1 �.���' i� / '�. aS RQII4 t:Y i1v IAg F� Cay Rr C EIA R&� p 1 Y �' rl •���x� ` •amu _ '� .-Z T♦ 3 � 1 � •A '�}. A] !L, �' �_ J � g I., '.,i f'/J ha0' a-�• e `ti��`�� eJ j,�.v l � \Yep ���' \���� ,`�..� -_ _ 1 C� v�R• �� t� � rl � o�� ��\`-r`�' , rot. �� i.� �!1 � �a - . mwra.oa.vo oos � . ,i %% 'cP ,j `t „7. r• � a a � ti \ 1p ..riv.r � Tq R�S �v �> � � � 'l-�,)•' �.. -r_�J ��'. ,I .J� T}.'� � I. I r, rt �. C r NOOt93Al,�ln�9dVr1�?AA` � J- ell EXHIBIT `B" VAC 11-3940 THE 5-FOOT PORTION OF THE EXISTING 25-FOOT UTILITY EASEMENT THAT IS FARTHEST FROM THE STREET RIGHT-OF-WAY, RESULTING IN A FINAL UTILITY EASEMENT WIDTH OF 20 FEET ALONG MARKS MILL LANE, MARWOOD AVENUE, WINDSWEPT LANE, OZARK VIEW DRIVE AND CHAMPION DRIVE IN THE SUMMIT PLACE SUBDIVISION, EXCEPT ALONG THE EAST SIDE OF FRESHWATER AVENUE WHERE A 10-FOOT PORTION OF THE EXISTING EMPTY 25-FOOT UTILITY EASEMENT IS TO BE VACATED RESULTING IN A FINAL UTILITY EASEMENT WIDTH OF 15 FEET. • aye evlle PC Meeting of September 26, 2011 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 19 201 Updated September 30. 2011 VAC 11-3940: Vacation (SUMMIT PLACE SUBDIVISION, 329): Submitted by COOVER CONSULTANTS for property located the SOUTH SIDE OF TOWNSHIP STREET EAST OF COLLEGE AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The request is to vacate a portion of a utility easement throughout the subdivision. Planner: Andrew Garner Findings: Property Description and Background: The site is the Summit Place Subdivision located approximately 500 feet east of College Avenue on the south side of Township Street. The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50 single family lots. This property was recently rezoned from RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation. The applicant proposes to re-plat the Summit Place subdivision from 50 single family lots into 123 single family lots (PPL 11- 3902). Because the NC zoning district is a form-based zoning district homes are required to be placed close to the street within a 0-25-foot build-to zone. The original Summit Place Subdivision platted a 25-foot front setback and utility easement adjacent to the street. In order to be able to construct homes within the build-to zone, the applicant proposes to vacate the rear 5-feet of the 25-foot utility easement adjacent to the public streets throughout this neighborhood. Request: The applicant's request is to vacate the rear five feet of a general utility easement located adjacent to all of the interior streets in the Summit Place Subdivision. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3940 to the City Council with a recommendation for approval subject to the following conditions: 1. Easements for water and sewer lines shall be 10 feet from centerline of pipes to the edge of easements. No easements shall be vacated that result in less than 10 feet from the centerline of a pipe to the edge of an easement. The owner/developer shall be required to coordinate water and sewer locates and survey the marked locations of all water and sewer lines and present the findings to the City of Fayetteville for review. 2. Any rearrangements in the electric distribution system which may be required by the customer shall be paid for by the customer. New easements will be required to serve the new subdivision layout. 3. Relocation or damage to utilities will be at the owner/developer's expense. CITY COUNCIL ACTION: Re uired PLANNING COMMISSION ACTION: Required Planning Commission Action: Date: September 26, 2011 Motion: Chesser Second: Cook Vote: 7-0-0 Note: On consent agenda X Forwarded ❑ Denied ❑ Tabled Coover Consultants site/civil/planning/infrastructure Summit Place Subdivision Replat PARTIAL EASEMENT VACATION REQUEST August 26, 2011 In order to better meet the requirements of the Neighborhood Conservation Zoning designation, we are requesting to vacate a 5' portion of the existing 25' Utility Easement (UE) along the streets. More specifically: The 5-foot portion of the existing 25-foot Utility Easement in the Summit Place Subdivision (Lots 1-30 and 32-54 of the Summit Place per Subdivision File # 023A- 00000321) that is farthest from the street right-of-way, resulting in a final utility easement width of 20 feet along Marks Mill Lane, Marwood Avenue, Windswept Lane, Ozark View Drive and Champion Drive in the Summit Place Subdivision, except along the east side of Freshwater Avenue where a 10-foot portion of the existing empty 25-foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. Neighborhood Conservation Zoning requires a build -to area within the first 25' along the front property line. At the present time, there is an existing 25' UE along the front property line, which effectively precludes development of the lots, specifically lots with curved front lot lines. The vacation of 5' of this 25' UE will allow builders enough room to meet the requirements of Neighborhood Conservation Zoning. 330 N. ROLLSTON AVENUE • FAYETTEVILLE • ARKANSAS • 72701 • 479.263.0958 www.cooverconsultants.com Illlll llllllllllllal°ILJJJJ�IIIIIIIIIIIIIIIIIIIII al°IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 Icr=cJ`_.---'--=--'—earjil 's dd I, / - - -------- --- - F----=��9•eyfz�pinos------ - ---- -"--- s i RSJ tV 6T IPA I ��o'Lez a.ao.00.00 H c n a W .(� _ '.[S L8L 3.O�AO.00S i 4 A - A as�/tMkgn4.ekwAM9 � � �mm"rQ � .� be •.�a+k-� 4 PETITION PETITION TO VACATE A PORTION OF AN EASEMENT LOCATED IN THE SUMMIT PLACE SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be partially abandoned and vacated, lying adjacent to the street right-of-way in Summit Place Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of an easement which is described as follows: The 5-foot portion of the existing 25-foot Utility Easement that is farthest from the street right-of-way, resulting in a final utility easement width of 20 feet along Marks Mill Lane, Marwood Avenue, Windswept Lane, Ozark View Drive and Champion Drive in the Summit Place Subdivision, except along the east side of Freshwater Avenue where a 10-toot portion of the existing empty 25-foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. That the abutting real estate affected by said abandonment of the easement are all lots in Summit Place Subdivision, 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 easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public. Dated this 261e day of August, 2011. UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Aucust25.2011 UTILITY COMPANY: nl A_ SAS APPLICANT NAME: TMS DEVELOPMENT, INC. APPLICANT PHONE: (479) 601-1197 REQUESTED VACATION (applicant must check all that apply): . Utility Easement (portion) 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 portion of a Utility Easement, described as follows: They -foot portion of the existing25-foot Utility Easement that is farthest from the street right-of- way, resulting in a final utility easement width of20 feet, except.along the east side of freshwater Avenue where a 10-foot portion of the existing25-foot Utility Easement is to be vacated resulting in.a final utility easement width of 15 feet. Attacked is.a copy of the Preliminary Replat showing the 3' portion of [he 15' UE to be vacated UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections -to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: August 25, 2011 UTILITY COMPANY: APPLICANT NAME: TMS DEVELOPMENT, INC. APPLICANT PHONE: (479) 601-1197 REQUESTED VACATION (applicant mast check all that apply): d Utility Easement (portion) ❑ 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 portion of a Utility Easement, described as follows: ' The 5-foot portion of the existing 25-foot Utility Easement that is farthest from the street right-of- way, resulting in a final utility easement width of 20 feet, except along the east side of Freshwater Avenue where a 10-foot portion of the existing 25-foot Utility Easement is to be vacated resulting in a fival utility easement width of 15 feet. Attached is a copy of the Preliminary Replat showing the 5' portion of the 25' UE to he vacated UTILITY COMPANY COMMENTS: 6>No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of lTffy Company Reprres Live tCi91160 4 . �StSGd/l1'� 17J+Ge Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: August 25.2011 UTILITY COMPANY: 6 ZP'+-K S E46C'7--I C. APPLICANT NAME: TIvIS DEVELOPMENT, INC. APPLICANT PHONE: (479) 601-1197 REQUESTED VACATION (applicant must check ell that apply): Utility Easement (portion) Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Streetright-of-way I have been notified of the petition to vacate the following portion of a Utility Easement, described as follows: The 5-foot portion of the existing 25-foot Utility Easement that is farthest from the street right-of- way, resulting in a final utility easement width of 20 feet, except along Freshwater Avenue where a 10-foot portion of the existing 25-foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. Attached is a copy of the Preliminary Replat showing the 5' portion ojthe 25' UE to be vacated UTILITY COMPANY COMMENTS: �Io objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: .Zeaoe. Stu K•�v+.�Cc% Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Aueust 25, 2011 UTILITY COMPANY: AEP/SWEPCO APPLICANT NAME: TMS DEVELOPMENT INC. APPLICANT PHONE: (479) 601-1-1=95' REQUESTED VACATION (applicant must check all that apply): - _ -- Utility Easement (portion) Right-of-way for alley or streets and all utility easements located with tn_the"vacated right- of- way. Alley =� Street right-of-way I have been notified of the petition to vacate the following porti9tT2of@,Utilily Easement, described as follows: — — - The 5-foot portion of the existing 25-foot Utility Easement thii0s_1arthest from the street right-of- way, resulting in a final utility easement width of 20 feet, except along Freshwater Avenue where a 10-foot portion of the existing 25-foot Utility Losement is to be vacated resulting in a final utility easement width of 15 feet. - Attached is a catip of the 11relirntuary Replatslintphrg the 5' pardoa of the 25' UE to he vacated UTILITY COMPANY COMMENTS: • No objections to the vacatioii(s) described above. • No objections to the vacations) described above, provided following described easements are retained, (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: -Any rearran cmems in tltc electric distribution systcut which tray he requited by the casiomer ahan bs paid for by the cuslomcr, also ncwcasenunls will be aequit+ed to wive the new layout _ �xz�-' Signature of Utility Company Representative Project Engineer Title UTILITY APPROVAL FORM FOR RICHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE. Aueust 25, 2011 Ufll.l IWCOMPANY: ATi CSwr�-r� - APPLICAN', NANII : TNIS DIWE.,I-OPMENT INC- APPLICANT I IIONF: (g791 GUI-1I97. R P.QU ESTFiD VACATION (applicant inusl check all that apply): vt Utilitvl=asearent{portion) Riy..hi-nl'-way for aley orslTeets nnJ a I I utility easements locatad u'iihin the r ac aic d r oFt- of- Bray. Alley Strccl right uI way I have heen notifiad of Chu pelition rp vacate the following portion of a Utility Enscrnent, dcscrihed as follows: The 5400t portion of the existing 25-foot Utility Easement that is farthest from the street right-of- way, resulting in a final utility casement width of 20 feet, except along the eastshle of Freshwater Avenue where a 10-foot portion of the existing 25-foot Utility Easement is to he vacated resulting ill a final utility easement width of 15 flea Attached is a col>y of the Preliminary Replat showing tire S' portion of the 25' UE to be vocated U I ILII'Y CO.-MPANY CUMMENfS: CNo uhjcctiunr to the vncauanfsi describe) ubrwe. \ + N to the vacniicnr., dcscdbad ahoaa provideti followio , descrihell y ucnta ara reiaiuul. (SIeIe [hc l:re,ttion, dimensions, cod Purpose bulew.) • No objections provided the Yellowing condiu'lln me met Signature of Utility Company Reprc,cwati ve Mrtt�a�.� �l�n. Dtrsir,ri i ii�e UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Aueust 25.2011 UTILITY COMPANY: _ snz�_, cl Ct u s i °_ L LAIC — APPLICANT NAME: TMS DEVELOPMENT INC APPLICANT PHONE: (479) 601-1_197 REQUESTED VACATION (applicant must check all that apply): Utility Easement (portion) 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 portion of a Utility Easement, described as follows: The 5-Toot portion of the existing 25-foot Utility Easement that is farthest from the street right-of- way, resulting in a final utility easement width of 20 feet, except along Freshwater Avenue where a 10-foot portion of the existing 25-foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. Attached is a copy of the Preliminary Replal showing the 5' portion of the 25' UE to he vacated UTILITY COMPANY COMMENTS: • ) No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature1iy Co ipany Represemative GU�✓��o . ���.��zrf�_ llr(r vtrc Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: August 25. 2011 UTILITY COMPANY: CitvofFavettcville—waledSewer APPLICANT NAME: TM S DEVELOPMENT, C. APPLICANT PHONE: 479 601-1197 REQUESTED VACATION (applicant must check all that apply): Utility Easement (portion) 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 portion of a Utility Easement, described as follows: The 5-foot portion of the existing 25doot Utility Easement that is farthest from the street right-of- way, resulting in a final utility easement width of 20 feet, except along Freshwater Avenue where a I0-foot portion of the existing 25-foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. Attached is a copy of the Preliminary Replat showing the 5' portion of the 25' UE to be vacated UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Easements for water and sewer lines shall be lit from centerline of pipes to the edge of easements. No easements sball be vacated that result in less than lo' from the centerline of a pipe to the edge of an easement THIS Development, Inc. will be required to coordinate water and sewer locates and survey the marked locations off all water and sewer lines and present the findings to the City of F'aycaeville toy review. An 8-inch water line extension will be required along Freshwater Avenue to loop the water line into the 12-inch water line located along Township Street. The water line shall be installed in the existing nlat,-M ntflit, easement_ At least VAC11-3940 SUMMIT PLACE SID Close Up View .I 5 44 Ills -_ - I. W 4 SUBJECT PROPERTY J V D W I y T"— e C•1. � i j ii• 1' •.nY6y p..nH n. , l • J 1 _ I "•. I19- 4.9 Trall,L KiSting) :... ,..; u(qg Tra1ls r A�13-39d:�r� - Hillside -Hilltop I Design Overlay Design Overlay ------ Planning Area = Fayetteville District PEEL ST I a a WINDYNILLST a VSl - - """"' OVEROREST ST z Zm 2 � W yl Q risFr 0 I90 300 Ono 900 1,200 Fee ELM ST VAC11-3940 SUMMIT PLACE S/D One Mile View Ao -ce, �c �.ay - HNiOL63Y - _ _ _ �y`�.•�sRIARCLrFt+ Bf I � � -,. k0 b Iryrr.�. I i V?RTLANh .iPIRJ wRi�N`St e �'f • �•• r — FF ' Lt. Tl e"„TAd Rvm. MADRIDST I SUBJECT PROPERTY _I a •. h �..�41 Ii0 RBT-Y r.. ,1{ i U — AY. 1 w ww F J 4 -A . c y w ' r a PEkL ST j ' m s]EWAI'gi'.= a. "hW&W, 1 naR�a I 9USAN RR • ,, •" RSFi I R9 .— tit R6FJ 0 'ELM 8T a rF W d RSka W- RSFs %�`r3 r�9F�,1� N a <, ELM ST iR� r-,EtA&.5 i'RNA7E ear 3. �i r _ASH ST .I .aSyST NA Ari I ! MEMPA' � 7�� -r?. IIIdiI 7fO -. II I �iSN.I-V97 CI it. '•. IFr q. �. rl „� IC LN RBrS+, k�Et2Q Overview Legend VAC 11-3940 Subject Property ---- ��—, wnc„-asao �_--_! Des! n Overlay District Boundary Plan ling Area •� ;r+ Fay tteville 0 0.25 0.5 1 `' Miles NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWEST"KANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF MES NEWSPAPER6 LLC ENTONHWEST COUNTY DAIARKAILY RRESASCO D 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, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5452 Was inserted in the Regular Editions on: October 27, 2011 Publication Charges: $90.79 V v " ✓' Cathy Wiles Subscribed and sw,,gqm to before me Thisj�% day of NOV-Cm 2011. Notary Publi�k� My Commission Expires: SANORAA ACHERBAUFJi e DOU!!IY NOTARY Pl1BLN:ARRAANSlS .My CcmmiasWh E�IreeAp313, 201) CortxMgelp,I No. 128BD1E7 RECEIVE® NOV 0 9 2011 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE pF,ye ` ARDINA11i NO 6452 DINANCE APPROVINCs YAC nY'39'4D TED p CQOVER CON$I LTANTS �FOfiT:°ION TOVACATE {1,PORION OFA U'f�IT]'NT ; THROUGHOUT' THE SUBDMSIO�J$, U City Court dl aumon under(P��j5jPP4i104 Y4'�tate F. bl de" -401* he, N';�d;�frs,Ufig�Cgtya'Ca;dcilhas CA10M "�aof R1?p'I91 LdaRtgaye rro;Eaqured Tor c°rPoI�RV ++-` { pn s.;s�,. a _yn Y IERivE�Po,R BE 1T URD INFD 8V �f}IE-C , ' IL OF iNE GITV Of I Y'r`k��x`2TkT.�T t f{•'" ` x 1$a K > * illot'f,.�hggy°�;Pavatte�aQe A 'sas e�raby'r at€s a' i r eben�ns g1`dlo'I d eegement_YE&I,_ (atieoheeCf < SeeBon 2. Thata cop lir'i1Fe duNtefyflgd bYztheYR 41°,r�5'M.N:tC�B:maP 7 i atteched-entl labeled Exhibit A shell be filed in the office of Me Rerurder oTthe Courjty atttl $ r hjed"in the Deed Records of the Ceunjy. SBCBon 3. Tha is vawdon 4Rpr i bleot (o con ff1 ine' in ap!316aMa:4,Flell Trot Ii .Y 4' t' for .sn li al } pl s the BeetlNc h e Na 10 test et rm ,$IGne requlretl,te%coo�nate watm. r locates neo b n , save the-,, ark ocafro5of at s water err$nesyeilQp��ryrid!n�sY95�CIfFevlerremaw 2 ` Arryiae[r6ngemems to­0 for illea'.heleectrc tllstrirwnon system"kyhwh may be required py they lay 3. Rel lion or damage to uNt6eanll be et IAe ownetld P5f`g e�ense.. FAssEd�ianwRoveD�tiils�emday,�r`�oto'izo"i,Ye r n LION JO DAN, Myaor SONDRA E 3M , CM1y ClerkrTreasurer -: `� Ezh 'tor t1`i"�soiAfinence ma"jYbe viewe""In the office offih C`%CIedJTreasute%" ` a **NOTE** Please do not pay from Affidavit. Invoice will be sent.