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HomeMy WebLinkAboutORDINANCE 5719Doc ID: 015997650003 Type: REL Kind: ORDINANCE Recorded: 11/26/2014 at 02:32:06 PM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2014-00030596 ORDINANCE NO. 5719 AN ORDINANCE APPROVING VAC 14-4853 SUBMITTED BY CITY STAFF FOR PROPERTY LOCATED AT THE INTERSECTION OF JAMES STREET AND MOUNT COMFORT ROAD TO VACATE EXISTING STREET RIGHT- OF-WAY. 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 street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following portions of street right-of-way described in Exhibit `B" attached hereto and made a part thereof. 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: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this 6`h day of November, 2014. ATTEST: By' A11111111111// R/ R"q ` F r LISA BRANSON, Deputy City Clerk G j Y sGo% v• FfiY[ I �ViL' If1•ll EXHIBIT FAF 14-4853 VAC14-48531 JAMES ST. RIGHT-OF-WAY Close Up View GARTER ST No °Vh RSFd W TQ° H a it SUBJECT PROPERTY I' L_ HOLLY ST JAMES ST j J W 0 Z_ R-0 J C•Y MO�hp °pMFo RTRo Legend o Z > s - -iftlti-Use Trail (Existing) c•, ¢ o •...•..•. FutureTr�_fs, o VAC14-4861 Jeecviev6FayetteviIle City U its Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 37.515 150 225 300 ------ Planning Area Feel EXHIBIT "B" 14-4853 Right -of -Way Vacation Description: A part of the Southeast Quarter (SE %) of the Northeast Quarter (NE Y4) of Section Eight (8), Township Sixteen (16) North, Range (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at a 3 inch aluminum monument being the Southeast Corner of said Southeast Quarter (SE %) of the Northeast Quarter (NE Y4) of Section Eight (8); thence along the Easterly line of said tract North 02°36'57" East 679.31 feet; thence leaving said Easterly line North 87°23'03" West 62.92 feet to the POINT OF BEGINNING; thence South 13°05'36" West 75.92 feet to the Easterly line of Lot Seven (7), McCormick Addition to the City of Fayetteville; thence along said Easterly line of said Lot Seven (7) North 18°42'09" West 32.92 feet to the Southeast corner of Lot Six (6) of said McCormick Addition; thence along the Easterly line of said Lot Six (6) North 18°42'09" West 91.71 feet to the existing Southerly right-of-way James Street; thence along said Southerly right-of-way North 86°38'48" West 74.78 feet; thence North 77043'08" East 15.51 feet; thence leaving said Southerly right-of-way North 31"44'47" West 11.23 feet to the beginning of a curve to the left having a delta angle of 40°08'43" and a radius of 100.00 feet; thence along said curve an arc length of 70.07 feet and a chord bearing and distance of North 38010'51" East 68.64 feet to the beginning of a reverse curve to the right having a delta angle of 14°04'17" and a radius of 50.79 feet; thence along said curve an arc length of 12.47 feet and a chord bearing and distance of North 21°03'24" East 12.44 feet to the beginning of a curve to the right having a delta angle of 23058'49" and a radius of 50.79 feet; thence along said curve an arc length of 21.26 feet and a chord bearing and distance of North 40"04'57" East 21.10 feet to the Westerly line of a property described as "Tract No. 1X" in Instrument No. 2011-24071 as filed with the Circuit Clerk of said county; thence along said Westerly line South 31°19'43" East 8.30 feet to the Northwest corner of a property described as "Tract No. 1XR1" in Instrument No. 2014-10155 as filed with said Circuit Clerk; thence along said Westerly line the following courses: South 31°19'43" East 31.93 feet; South 23°32'48" East 49.01 feet; South 18°42'09" East 67.30 feet to the Point of Beginning, Containing 9071 square feet, more or less. 8/28/2014 Washington County, AR I certify this instrument was filed on 11/26/2014 02:32:06 PM and recorded in Real Estate File Number 2014-0 0s Kyle Sylvester- Cir it ler$ by City of Fayetteville, Arkansas 13 West Mountain Street Fayetteville, AR 72701 479-575-8323 TDD - Hog 479-521-1316 i� Text File File Number: 2014-0446 Agenda Date: 11/6/2014 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: C. 4 AN ORDINANCE APPROVING VAC 14-4853 SUBMITTED BY CITY STAFF FOR PROPERTY LOCATED AT THE INTERSECTION OF JAMES STREET AND MOUNT COMFORT ROAD TO VACATE EXISTING STREET RIGHT-OF-WAY 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 street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following portions of street right-of-way described in Exhibit `B" attached hereto and made a part thereof. 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 condition of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. City ofPaystraviiis, Arkansas Page 1 Printed on 111712014 City of Fayetteville Staff Review Form 2014-0446 Legistar File ID 11/6/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 10/17/2014 City Planning/ Development Services Department Submitted By Submitted Date Division/ Department Action Recommendation: VAC 14-4853: Vacation (INTERSECTION OF JAMES ST. AND MT. COMFORT RD./JAMES ST. RIGHT-OF-WAY, 404): Submitted by CITY STAFF for property located at the INTERSECTION OF JAMES ST. AND MT. COMFORT RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, C-2, THOROUGHFARE COMMERCIAL, AND RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.06 acres. The request is to vacate a portion of an existing street right-of-way. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget 5 V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF ay eve le ARKANSAS MEETING OF NOVEMBER 6, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner. DATE: October 14, 2014 SUBJECT: VAC 14-4853: Vacation (INTERSECTION OF JAMES ST. AND MT. COMFORT RD./JAMES ST. RIGHT-OF-WAY, 404): Submitted by CITY STAFF for property located at INTERSECTION OF JAMES ST. AND MT. COMFORT RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, C-2, THOROUGHFARE COMMERCIAL, AND RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.06 acres. The request is to vacate a portion of an existing street right-of-way. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate existing street right-of-way. BACKGROUND: The subject 0.06 acre property is a portion of right-of-way recently abandoned during a street re- alignment project at the intersection of Garland Avenue, James Street, and Mt Comfort Road. Parcels on either side of this property are under the same ownership, and the vacated land will become part of these existing parcels. On March 5, 2013 the City Council approved Resolution 42-13 which in part agreed to vacate the subject property upon completion of street improvements on Mt. Comfort Road and James Street. DISCUSSION: On October 13, 2014 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report Mailing Address: 113 W Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 VAC 14-4853 Close Up View m EXHIBIT 'A' 14-4853 JAMES ST. RIGHT-OF-WAY "f4 INA JAMES Si R-0 ............ i-U5Uig1t� ••^^••. Future OVAC14-48583 ---- I beep14KFayetteville City - Footprints 2010 — Hillside -Hilltop C Design Overlay Design Overlay ------ Planning Area PY District 0 37.5 75 150 225 300 Feet 'a F 4PROPERTY HOLLY ST COM��TRO a 0 z ' g C4 a x EXHIBIT "B" 14-4853 Right -of -Way Vacation Description: A part of the Southeast Quarter (SE Y4) of the Northeast Quarter (NE %) of Section Eight (8), Township Sixteen (16) North, Range (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at a 3 inch aluminum monument being the Southeast Corner of said Southeast Quarter (SE %) of the Northeast Quarter (NE'/.) of Section Eight (8); thence along the Easterly line of said tract North 02036'57" East 679.31 feet; thence leaving said Easterly line North 87°23'03" West 62.92 feet to the POINT OF BEGINNING; thence South 13"05'36" West 75.92 feet to the Easterly line of Lot Seven (7), McCormick Addition to the City of Fayetteville; thence along said Easterly line of said Lot Seven (7) North 18"42'09" West 32.92 feet to the Southeast corner of Lot Six (6) of said McCormick Addition; thence along the Easterly line of said Lot Six (6) North 18°42'09" West 91.71 feet to the existing Southerly right-of-way James Street; thence along said Southerly right-of-way North 86038'48" West 74.78 feet; thence North 77°43'08" East 15.51 feet; thence leaving said Southerly right-of-way North 31"44'47" West 11.23 feet to the beginning of a curve to the left having a delta angle of 40°08'43" and a radius of 100.00 feet; thence along said curve an arc length of 70.07 feet and a chord bearing and distance of North 38°10'51" East 68.64 feet to the beginning of a reverse curve to the right having a delta angle of 14°04'17" and a radius of 50.79 feet; thence along said curve an arc length of 12.47 feet and a chord bearing and distance of North 21'03'24" East 12.44 feet to the beginning of a curve to the right having a delta angle of 23°58'49" and a radius of 50.79 feet; thence along said curve an arc length of 21.26 feet and a chord bearing and distance of North 40004'57" East 21.10 feet to the Westerly line of a property described as "Tract No. 1X" in Instrument No. 2011-24071 as filed with the Circuit Clerk of said county; thence along said Westerly line South 31'19'43" East 8.30 feet to the Northwest corner of a property described as "Tract No. 1XR1" in Instrument No. 2014-10155 as filed with said Circuit Clerk; thence along said Westerly line the following courses: South 31"19'43" East 31.93 feet; South 23'32'48" East 49.01 feet; South 18°42'09" East 67.30 feet to the Point of Beginning, Containing 9071 square feet, more or less. 8/28/2014 RESOLUTION NO, 42-13 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH GLEN DAVID WILSON, TRUSTEE, TIMOTHY HINKLE, TRUSTEE, AND LINDA HINKLE REGARDING CONDEMNATION LITIGATION FILED AS PART OF THE N. GARLAND AVENUE WIDENING AND IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the agreement with Glen David Wilson, Trustee, Timothy Hinkle, Trustee and Linda Hinkle, as full and final settlement of condemnation litigation (City of Favettevilte v. Wilson, et al., Washington County Circuit Court Case No. CV 2012-656-2) filed as part of the N. Garland Avenue Widening and Improvement Project. Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of the settlement, hereby understands its obligation to adopt at a future date a street vacation of portions of Mt. Comfort Road and James Street as described in the settlement. PASSED and APPROVED this 5s' day of March, 2013. APPROVED: ATTEST: WA,LD d0 A , ayor SONDRA E. SMITH, City Clerk/Treasurer O���CgK /'f7•ni'�'gi C,\1Y pf.'gJGp�j FAYEn EyItLF ��_ e .���' ; 11 O'N 1' City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements arereert 3-5-13 City Council Meeting Date Agenda Items Only Chris Brown Engineering Development Services Submitted By Division Department Action Kequtretf: Approval of a Resolution authorizing settlement of the Condemnation Case with Glen David Wilson on Garland Avenue (North to Melmar) Water and Sewer Relocation Project. Cost of this request Account Number Project Number Budgeted hem 0 Category! Project Budget Funds Used to Date S - Remaining Balance Budget Adjustment Attached Transportation Bond Program Program Category I Project Name Land Acquisition Program f Project Category Name Sales Tax Capital Improvements Fund Name O1,1pl3 Previous Ordinance or Resolution # Date Original Contract Date: A-- 1.3. Original Contract Number: Date Finance and Internal Services Director Date Received in Gt > a %' 1 Clerk's office Received in Mayor's office Revised January 15, 2009 CITY COUNCIL AGENDA MEMO To: Mayor Jordan and City Council Thru: Don Man, Chief of Staff Jeremy Pate, Director of Development ServicesA From: Chris Brown Date: February 14, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE City Council Meeting of March 5, 2013 Subject: Approval of a Resolution authorizing settlement of the Condemnation Case with Glen David Wilson on Garland Avenue (North to Melmar) Water and Sewer Relocation Project. PROPOSAL: Improvements to Garland Avenue (Highway l 12) are planned as part of a City of Fayetteville and Arkansas State Highway and Transportation Department (AHTD) partnering project. Our agreement with AHTD provides that the City is responsible for 50% of the construction cost, up to $1.5 million, and all of the cost of right of way acquisition and relocation of utility facilities. Construction of roadway improvements, including construction of a 4 -lane roadway with intermittent medians, bike lanes, pedestrian sidewalks, and three new signals, will be administered by AHTD. This construction is currently in the very preliminary stages, and is planned for completion in mid -2014. Prior to the roadway construction, all utilities, including those owned by the City of Fayetteville Water and Sewer Division, were relocated out of the limits of the planned roadway construction. In order to complete the relocation, utility easements were needed from several property owners, including property owned by the Glen David Wilson Trust and Linda Hinkle. This property includes the Harp's Grocery Store and the vacant lot to the north of Harp's. City staff was unable to acquire the necessary easement on this property by negotiation; therefore, it was necessary to acquire it by condemnation. The City Council authorized condemnation in March of 2012, and the City Attorney filed the condemnation complaint with the Circuit Court and received the Order of Possession soon thereafter. A deposit of $30,700, representing the appraised value of the easement, was made into the Registry of the Court at the time of filing. Since that time, City staff and representatives of Mr. Wilson have worked together to come to a proposed settlement, which is detailed in the attached document. If approved by the City Council, the settlement provisions will include: THE CITY OF FAYETTEVILLE, ARKANSAS 1) The property owners agree to dedicate a utility easement (at no cost to the City) just outside the right of way of Garland Avenue. This easement was intended to be dedicated as part of the development of the Harp's store, but the easement document was never recorded, The easement area has been used by utilities since the store was built, and the signatures of the property owners on the easement document simply confirms and ratifies the easement. 2) The City agrees to vacate the right of way of Mount Comfort Road, as depicted by the cross -hatched areas in the attached Exhibit `B". This vacation will occur after Mount Comfort Road is re -aligned to Holly Street, and the existing area of Mount Comfort is no longer needed for public street purposes. A utility easement will be retained as needed for use by public utilities. 3) The City will receive the $30,700 deposited with the Court back, to be returned in the project account. RECOMMENDATION: Staff recommends approval of the settlement.. BUDGETIMPACT: This action will reduce the cost of the project by $30,700. RESOLUTION NO. A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH GLEN DAVID WILSON, TRUSTEE, TIMOTHY HINKLE, TRUSTEE, AND LINDA HINKLE REGARDING CONDEMNATION LITIGATION FILED AS PART OF THE N. GARLAND AVENUE WIDENING AND IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the agreement with Glen David Wilson, Trustee, Timothy Hinkle, Trustee and Linda Hinkle, as full and final settlement of condemnation litigation Lite of Fayetteville v. Wilson, et al., Washington County Circuit Court Case No. CV 2012-656-2) filed as part of the N. Garland Avenue Widening and Improvement Project. Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of the settlement, hereby understands its obligation to adopt at a future date a street vacation of portions of Mt. Comfort Road and James Street as described in the settlement. PASSED and APPROVED this Ss' day of March, 2013. APPROVED: in ATTEST: 51 LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ANSA Departmental Correspondence MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: JASON KELLEY, ASST. CITY ATTORNEY CC: KIT WILLIAMS, CITY ATTORNEY DATE: FEBRUARY 15, 2013 Kit Williams CityAttorney Jason B. Kelley Assistant City Attorney RE: GLEN DAVID WILSON, ET. AL, CONDEMNATION SETTLEMENT PROPOSAL I am pleased to present a very advantageous condemnation settlement related to the necessary taking of a utility easement on the "Harps property" along N. Garland Avenue which will result in the city obtaining an easement deed and saving nearly $31,000.00 on the Prolect. In 2012, the Council authorized our office to file an eminent domain lawsuit to obtain a utility easement on the property as part of the N. Garland Avenue Widening and Improvement Project. The City's appraiser valued the taking at $30,700.00, which was the sum placed on court deposit when the lawsuit was filed. During negotiation and after historical research, it was agreed by the parties that a 25 foot utility easement along the property and adjacent to the Garland Avenue right -of way was to have been dedicated to the City as part of the original large- scale development approval for the Harps construction in the late 1980s, No record exists showing this was ever formally accomplished. In exchange for all the current property owners signing a utility easement deed to the City clarifying the 25 foot easement, the City agreed, subject to your approval, to vacate the portions of Mt. Comfort Road and James Street which the City and Highway Department had already planned to destroy and remove as part of the realignment of the Mt. Comfort Road/Garland Avenue intersection at Holly Street. The City will retain a utility easement along the vacated area for utilities already in place in the area. In short, this settlement allows the City to obtain the necessary easement (which we already should have had) for the N. Garland Avenue Widening and Improvement Project without additional monetary cost to the Project, so long as we vacate the portions of Mt. Comfort and James Street we already planned to destroy and remove. The 830,700.00 currently on court deposit would be returned to the City. Assuming this settlement is accepted by you, a separate street vacation agenda item will be presented in the future which the Council will be contractually obligated to adopt, since it will be an approved term of settlement in the condemnation litigation. Needless to say, I recommend the approval of this settlement. SETTLEMENT FRAMEWORK The City of Fayetteville, subject to approval of its Mayor and City Council, and Glen David Wilson, Trustee, hereby enter into this settlement framework for purposes of settling all issues related to utility easement acquisition at issue in eminent domain litigation currently pending in Washington County Circuit Court Case No. CV 12-656-2 (City of Fayetteville V. Wilson. Trustee et al.). The settlement framework is as follows: 1. Glen David Wilson, Trustee (hereinafter "Wilson") agrees to execute a General Utility Easement Deed and to assist in obtaining the signatures of Timothy Hinkle and Linda Kay Hinkle (hereinafter "Hinkle-"), to an agreed upon and existing twenty-five foot (25') utility easement along property jointly owned by Wilson and the Hinkles. A copy of the easement deed and description is attached to this settlement framework as Exhibit "A". 2. The City of Fayetteville (hereinafter "Fayetteville"), agrees to vacate portions of the current Mount Comfort Road and James Street, described as Tracts A and B in the attached Exhibit "B", within ninety (90) days of activation of the new traffic signal at the newly relocated Mount Comfort Road and Garland Avenue intersection which is being constructed as part of the Garland Avenue Widening and Improvement Project (hereinafter the "Project"). Wilson and Fayetteville agree that Fayetteville will retain utility easements through Tracts A and B for existing utilities currently located in the area to be vacated- Fayetteville states that the re- alignment of James Street and Mount Comfort Road to connect to Holly Street as part of the Project will render Tracts A and B of no use to the public for street right of way. 3. Wilson and Fayetteville agree that once the General Utility Easement Deed (Exhibit "A") is fully executed by Wilson and the Hinkles and delivered to Fayetteville, that the parties will agree to a dismissal of the pending eminent domain suit, Washington County Circuit Court Case No. CV 12-656-2. Any court registry deposit for estimated compensation related to the litigation shall be returned by the court to Fayetteville. Gen David Wilson, Trusice '--Atmrney for Glen . yid Wilson, "I rustee Chris Brown Fttll' 1c ieCy nt�l o�YB. - Kelley 7/r! Assistant City Attorney of Fayetteville Date: (%Z. • ip /, 0 S Date:_( - 30 - Garland Avenue Improvements Parcel No. 765-13768000 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Glen David Wilson Trustee, Glen David Wilson Trust Agreement of 2001, Wild July 13, 2001 (1f2 interest], Linda Kay Hinkle (114 Interest) and rfmothy C. Hinkle, Trustee of the Timothy C. Hinkle Trust uldit December 1, 1996 (114 Interest) hereinafter called GRANTOR, for and in consideralion of the rum of One Dollar (ii ,0o) and other good and valuable consideration the receint nt �,a __� ncanvwreaged, does nereby GRANT. SELL and CONVEY unto the City of Faye eville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assiggns, a permanent easement for the purpose of construction, maintenance, repair andlor replacament, enlargement and operations of roadway, drainage, slder 6ks,andgeneralutilitiesincludingwater andlor sanitary sewer pipe line or Imes, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or tines, and appurtenances thereto, on over, across, and under the following descdbed land situated in the County of Washington, State of Arkansas, to -wit PROPERTY DESCRIPTION: (Deed Ref. 2007-00023583, seventh description, and Deed Refs. 2002-094498 and 2007-42911) Pan of the SoutheastQuarter (SE%) of the Northeast Quarter (NE%) of Sectio Eight (0), Township Sixteen (16) North, Range Thirty (30) Wesl in Washington Cou ly, Ar ansas, and being more particularly described as lollows, to -wit From the Southeast (SE) corner of sold forty -acre lraG, run Nonh 190.0 feet; thence West 36.80 [eel to It a POINT OF BEGINNING: Chance running Wesl 401.51 feet; men a No th o^39'00" East 376.94 leaf !hence Fist 2.48 feet thence NdA 89°5914" Easl 369.56 Feet to a point on the right-of-way line of lull. Comto f Road, thence along t11e right-of-woy of Mt Comfon Road and Highway 112 the following: South 20"44'29" Eas! 71.16 feet; thence South 310.48 feel io the POINT OF BEGINNING, and containing 3.437 acres, more or less, subject to easements and fights-Qf--way, !f any, A part of the Southeast Quarter (SE'/.) of the Northeast Quarter (NE%,) of Section 8, Township 16 North, Range 30 Westand being more particularly described esfollows, to -wit Commencing atthe Nodheastcerner of said SeUlon8, thence South 02°36'57" West 2,079.97 feet. thence North 87°23'03" West 70.51 reettothe Westerly right-of-wayy of Arkansas State Htghway 112 (Gartand Avenue), thence along said right-of-way South 05°21'15' East 20.831eet to the Point ofBeglnning; thence continuing along said right-of-way South 05°21'15" East 3.20 feet; thence South 74°00'01 ` East 13.35 feel' thence South 024004" West 101.10 feet; thence South 0.1°23'28' West 189,75 feet; thence North 88'18'37' Wesl5.0teat, thence South 05°08'45"West 34.83 feel; thence South 32015'42" East 21,79 feet; thence leaving said right-of-way North 87°30'26" West 24.79 feet; thence North 02°04' 49" East 349.92 feet to the Point of Beginning and containing 5,301 square feet, more or less, 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 unto said relinquished. abandoned Or vaccated and so long es such pirccessorsand pe fine orl nes, eleelrlcal plil the use of said ower, telephone and/ortelevis on Imsles or cables, manholes andlor appurtenances thereto shall be maintained, together with tree ingress to and egress from the real estate first herein above described for the uses yyand purposes herein above set forth. id or is to useande Grantee, which herebytagrees tolbury all pipes, Ines and/the saidor omises cables ables wherre feast for iblo to aoses sufficienlnbeforedepth so as not toranted othe said interfere with cultivatlon 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 water. The Grantor agrees no to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone andlor television lines or cables 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. EEXHIBIT GENERAL UTILITY EASEMENT Page 2 of 3 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 J Sr day of .2013. Glen David Wilson Trust Agreement of 2001, u/t/d July 13, 2001 7 < By. zy"J�_ .. ------ -- nDavid Ilson, Tr sle Linda Key Hinkle Timothy C. Hinkle Trust u/d/t December 1, 1995 By: Timothy C. Hinkle, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON S} as. BE IT REMEMBERED, that on This dale, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Glen David Wilson, Trustee, Glen David Wilson Trust Agreement of 2001, Wt/d July 13, 20013 to me weH known as the person who executed the foregoing document, and who stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set form. t- r- WITNESSmyhand and seal onthis day of_-rCf)11Ar6V'L.--jam_., 2013. MY COMMISSION EXPIRES: MY COMMISSIDN i ACKNOWLEDGMENT STATE OF ARKANSAS as. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publlcwithm and for said County and State, personally appeared Linda Kay Hinkle, to me well known as the person who exeouled Ute foregoing document, and who stated and acknowledued 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 .2013 MY COMMISSION EXPIRES: Notary Public GENERAL UTILITY EASEMENT Page 3 of 3 STATE OF ARKANSAS 3 COUNTY OF WASHINGTON 9E IT REMEMBERED, that on this date, before (tic undersigned, a duly commissioned and acting Notary Puniie within and for said County and State, personally appeared Timothy C. Fiinklo, Trustee of the Timothy C. Hinkte Trust uldit December 1, 1995, tome well known as the person who executed the foreyoing document, and who stated and acknowledged that he had so signed, executed and deWered said instrument tat the consideration, uses and purpnses therein mentioned and set forth WITNESS my hand and seal on this day of _ 2013 MY COMMISSION EXPIRES: Notary Publk; findstar Club F8033-115-9111 Jan 16 2013 11: Kam PlIN/M 01/16/2013 11:59 0146434441 TIM HINKLE PAGE 02 GENERAL UTILITY EASEMENT Page 2 of 3 It Is hereby understood and agreed that the party securing this document In behalf of the Grantee is without authority to Make any covenant of agreement not herein expressed. WITNESS the execution hereof on this the 140 day of LL►1 gf!t l[/ 2013. Glen David Wilson Trust Agreement of 2001, Wild July 13, 2001 By: Glen Dov on, rust" Linda Kay Hinkle Timothy C. Hinkle Trust uld/t December 1, 1895 By: e e Timothy . HInkW, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON ss. BE IT REMEMBERED, that on this date, before the under&] ned, a duly commNsloned and act Notary Publicwithin and for said Cour)llyy and State, personally appeared Glen David Mon, Trus ea, Glen David Wilson Trust Agrsementof 2001, Wild July f3, 2001, to me well known as the person who executed the foregoln00 document, and who stated and acknowledged l at he had to signed, executedanddelivered said Instrument for the cons kiOration,uses and purpoeeatherein mentioned and set forth. WITNESS my hand and seal on this day of .2013. MY COMMISSION EXPIRES; Notary Public i ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON ) as BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and and for saki County and Slate, personalty appeared Linda Kay Hinkle, to me well known as the foregoing document, and who stated and acknowled ad that she had so signed, executed and da% consideration, uses and purposes thareln mentioned and act forth. WITNESS my hand and seal on this day of .2013. MY COMMISSION EXPIRES: Notary u 01/16/2013 11:59 6146434441 TIM HINKLE PAGE 03 GENERAL UTILITY EASEMENT Pape 3 of 3 ACKNOWLEDGMENT STATE OF. Pennsylvania COUNTY OF Huntingdon se. BE IT REMEMBERED, that on this date, before the undersl ned a duly commissioned and aclingNotary Public w1thin and for sold County and State, personally appeared Timothy C. Hinkle, Trustee of the Tlmothy C. Hinkle Trust uldft December 1,1!95, to me well known as the person who executed the foreeggooing documant, and who stated and acknowledged that he had so signed, executed end delivered said Instrument for the conslderallon, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 16th day of JatllrarY —.2013. MY COMMISSION EXPIRES: �i (�� /� May 11, 2014 D' ` 0 Notary FWM COMONwEAL1H OF PENNSYLYAIVA Notonal 1 08 1 AMBER D. REED, Notary PUNIC Huntingdon 0wo. Huntingdon County My Commission Expires May 11, 2U14 GLEN DAVID WILSON TRUST 78508235000 SE, NE 816-30 GLEN DAVID WILSON TRUST 705-13785-000 InBL No. 2007-23583 PROP. UTILITY EASEMENT -5,381 Sq. Ft. MIlO n HEEm.,I I EE0.1 i�raN, RJ/.W j Nol In Sula IIi1�1w7w TOE1' � I �S OB'2PI5'8�13)' I 9IS'oppl'E IS i d W ff o Z W 1 Int a C0MF0RT ` . 8040 + EXHIBIT I JAN. 2013 UTILITY- EASEMENT GLEN DAVID WILSON TRUST �� .- , ! r _� - � w Vii, ALA I rV •. .y � 1, 1 d fi JAMES 98$Ef L F j 9 e h A6,r y .- 4 1 -I-- - _r--. SeL r I s i M •. Tw'n Y, Cc �� fry I ice` 9 - e r — - m M UTILITY EASEMENT W GLEN DAVID WILSON TRUST° V IILIIr USLUC -5.381 9a n. I -I-- - _r--. SeL r I s i M •. Tw'n Y, Cc �� fry I ice` 9 - e r — - m M UTILITY EASEMENT W GLEN DAVID WILSON TRUST° CITY OF ayeve le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: October 13, 2014 SUBJECT: VAC 14-4853: Vacation (INTERSECTION OF JAMES ST. AND MT. COMFORT RD./JAMES ST, RIGHT-OF-WAY, 404): Submitted by CITY STAFF for property located at INTERSECTION OF JAMES ST. AND MT. COMFORT RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, C-2, THOROUGHFARE COMMERCIAL, AND RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.06 acres. The request is to vacate a portion of an existing street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC 14-4853 to the City Council with a recommendation for approval. BACKGROUND: Property and background: The subject 0.06 acre property is a portion of right-of-way recently abandoned during a street realignment project at the intersection of Garland Avenue, James Street, and Mt Comfort Road. Parcels on either side of this property are under the same ownership, and the vacated land will become part of these existing parcels. Direction Land Use from Site North Undevelopedln South Commercial East Commercial West Undeveloped Table 1 ial C-1, Neighborhood Commercial/RMF-24, Residential Multi -family,, 24 unitslacre _ 6-2, Thoroughfare Commercral C-1, Neighborhood Commercial/ C-2, Thoroughfare Commercial C-2, Thoroughfare Commercial Proposal: The applicant requests vacation of a portion of right-of-way as indicated on the attached survey. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections. Source Gas approval has not been provided. Mailing AddressPlanning Commission 113 W. Mountain Street WwW.f9yWhft9I aZ&Mov Fayetteville, AR 72701 Agenda Item 3 14-4853 James Street ROW Page 1 of 16 UTILITIES Cox Communications AEP/SWEPCO Ozarks Electric Source Gas AT&T CITY OF FAYETTEVILLE: Water/Sewer Transportation Recycling & Solid Waste Public Comment: Staff has received no public comment. RESPONSE No objections/No comments No objectionslRetain the entire vacated ROW as utility easement. No objections/No comments No signature provided No objections/need to retain 15' Utility Easement where AT&T facilities leave Garland Ave going east paralleling south side of James St. RESPONSE No objections/Retain the entire vacated ROW as utility easement, active water and sewer lines are present. No objections/No comments No objections/No comments Recommendation: Staff recommends forwarding VAC 14-4853 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities shall be at the owner/developer's expense 2. Source Gas approval must be provided before the item will be placed on the City Council agenda. Planning Commission G:\ETMDevelopment Services Review\2014\Development Review\14-4853 VAC James St & Mt Comfort Rd- (James St R= 13, 2014 PlanningCommission\10-13-2014\Comments and Redlines Item 3 14-4853 James Street ROW Page 2 of 16 PLANNING COMMISSION ACTION: Required Date: October 13.2014 0 Tabled O Forwarded 0 Denied Motion: Second: Vote CITY COUNCIL, ACTION: Required Date: O Approved 0 Denied BUDGET/STAFF IMPACT: None Attachments: Request Letter Petition to Vacate Utility Approvals Easement Vacation Exhibit One Mile Map Close Up Map Planning Commission GAETC\Development Services Revlew12014\Development Review\14-4853 VAC James St & Mt. Comfort Rd. (James St R,Qfrjgpgr 13, 2014 Planning Commission\10-13-2014\Comments and Redlines 7lyL t Item 3 14-4853 James Street ROW Page 3 of 16 CITY OF 7ay e eville ARKANSAS September 3, 2014 Development Services City of Fayetteville 113 W. Mountain Street 72704 RE: James Street @ Garland Avenue right-of-way vacation Dear Sir(s), We are requesting for the vacation of a portion of James Street as shown on the accompanying exhibits. The need for the right-of-way is unnecessary since the widening of Garland Avenue and the re -alignment of James Street. Sincerely, Daryl V. Doyal, P.S. Professional Surveyor City of Fayetteville, Arkansas 479.444.3418 ddoyalofayettevil le-ar. qov CITY oT a}le,„eville wvns.L,yr Aft a a: qov Mailing Address_ .......-..... 113 W. Mountain Streel vimw.Y2ir.jov Fayetteville, AR %2701 14-4853 James Street ROW Page 4 of 16 PETITION PETITION TO VACATE A POWIFION OF JAMES STREET RIGHT-OF-WAY LOCATED IN 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 right-of-way hereinafter sought to be abandoned and vacated, lying in City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way which is described as follows- Apart ollows: Apart of the Southeast Quarter (SE X) of the Northeast Quarter (NE %) of Section Eight (8), Township Sixteen (16) North, Range (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at a 3 inch aluminum monument being the Southeast Corner of said Southeast Quarter (SE %) of the Northeast Quarter (NE'/,) of Section Eight (8); thence along the Easterly line of said tract North 02°36'57" East 679.31 feet; thence leaving said Easterly line North 87'23'03" West 62.92 feet to the POINT OF BEGINNING; thence South 13°05'36" West 75.92 feet to the Easterly line of Lot Seven (7), McCormick Addition to the City of Fayetteville; thence along said Easterly line of said Lot Seven (7) North 18"42'09" West 32.92 feet to the Southeast corner of Lot Six (6) of said McCormick Addition; thence along the Easterly line of said Lot Six (6) North 18°42'09" West 97.22 feet to the Northerly line of said Lot Six (6); thence along said Northerly line North 87"33'27" West 57.79 feet; thence leaving said Northerly line North 31'44'47" West 11.22 feet; to the beginning of a curve to the left having a delta angle of 40"08'43" and a radius of 100.00 feet; thence along said curve an arc length of 70.07 feet and a chord bearing and distance of North 38'10'51" East 68.64 feet to the beginning of a reverse curve to the right having a delta angle of 14"04'17" and a radius of 50.79 feet; thence along said curve an arc length of 12.47 feet and a chord bearing and distance of North 21°03'24" East 12.44 feet to the beginning of a curve to the right having a delta angle of 23°58'49" and a radius of 50.79 feet; thence along said curve an arc length of 21.26 feet and a chord bearing and distance of North 40°04'57" East 21.10 feet to the Westerly line of a property described as "Tract No. 1X" in Instrument No. 2011-24071 as filed with the Circuit Clerk of said county; thence along said Westerly line South 31°19'43" East 8.30 feet to the Northwest corner of a property described as "Tract No. 1XR1" in Instrument No. 2014-10155 as filed with said Circuit Clerk; thence along said Westerly line the following courses: South 31"19'43" East 31.93 feet; South 23"32'48" East 49.01 feet; South 18"42'09" East 67.30 feet to the Point of Beginning, Containing 8,767 square feet, more or less. That the abutting real estate affected by said abandonment of the street right of way of ,lames Street are parcel numbers 765-13768-000, 765-08234-000 which are owned by the Glen David Wilson Trust and 765-08235- 000, 765-1375 1-002 which are owned by David Wilson and will not be used by the public as a street because of the realignment of Garland Avenue, Mt. Comfort Road and James Street and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described street right of way. 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 by 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 for the use of said alley. Planning Commission October 13, 2014 Agenda Item 3 14-4853 James Street ROW Page 5 of 16 Dated this I day ot',Da7oekFP— .20 4 -P,U�G V - PIA4, Printed Nan e Sfgr,l ure Printed Name Signature Planning Commission October 13, 2014 Agenda Item 3 14-4853 James Street ROW Page 6 of 16 I _ MT. COMFORT RD. S31 °19'43"E 8.39 Z q CID. Y N O S13°05'36"W \ 75.92' to i' N31°44'47"W-11.22'_ ti renv 57.79' ire -<w N87°33'27 "W " c + I I Z CID. Y N O S13°05'36"W \ 75.92' ire -<w I -ss +kve _..en_uaor� ae Fus a in e dA' :V1 f '� o f a 4o•Wsr c 5 1 This exhibit is a sketch descriptive only of the size, shape and location of the proposed vacation and does not constitute a plat or survey of the grantor's property. EXHIBIT "B" Rev. Aug. 28, 2014 I Z October 13, 2014 Agenda Item 3 14-4853 James Street ROW Page 7 of 16 a UTILITY APPROVAL FORM FOR 111011T- OR- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UATI:: _OB/15/201.4 UTILITY COMPANY AT&T APPLICANT NAME. APPLICANT1'llONE: REQULSTED VACATION (nypJfcunf must c/mcX g((fhrts ulryly/ l ibltty Iiascnncnl Rsght-or-woY for alley or armcls and Ill utility ennemmtits lonted widrin the vucatcd right. of- way. Alley Street righl-of-w.y I have been notified of dre pclitiou to unease the following (alley, edsemosr, righnnf svuy), described as follows CPtlel'nl leeatle 11 I Addroas X (ATPAC11 legal terniplton "r gruphlc reprusenmtlun a/what lr hehrg unearnd V1/RYEY) UTILITY COMPANY COMMENTS: No ob,)ectrons to the va"i oo(s) described above, mW no Comments No oblecliens to the vncalien(s) described above, provided Pollowing dacrlbed easements ore r,00incd, (State the location, derjoilslnns, Intl potpmc below.) Need to retain 15 FT Utility Easement where AT&T facilities leave N Garland Ave 9cng i as Ea Dilating Scut, side of Jemes S'� — .r-1-'�'�y'ar^,t•[y l.•r,n.c�-, x��grt^, �rt.n c; -- --' -- MGR OSP PIS Engm_Design Planning Commission October 13, 2014 Agenda Item 3 14-4853 James Street ROW Page 8 o(16 UTILITY APPROVAL FORM GOR RIGHT- Or- WAY, A LLEY, AND UTILITY EASEMENT VACATIONS 011-1. 812 2120 1 4 UTILITY COMPANY: Cox Communications APPLICANT NAME: Daryl V. Doyal APPLICANI'PHONE; 479-•1-t+I-3418 REQUESTED VACATION (appllcat most check all that apply): Utility Easement Right-of-way For alloy or weals and all utility easements located within the vacated right- of way. Alley x Street right -of --way I have bean notified of the petition to vacate the following (alley, easement, r(ght-ofway), described as follows: General location I Address ___]a{nes Street at Garland Avenue Ix (ATTACH legnl description gLt( graphic representation of what Isheing vaca(ad-SURVF-Y) UTILITY COMPANY COMMENTS: x No objections to the vacations) described above, and no comments. No objections to the vacation(s) described above, provided following described casements are retained (State the location, dimensions, and ptvpose below.) No objections provided the following conditions are mea S,);n;tH,r:: r•I'I hairy C'mnita vRnprcq:ntan�. Construction Planner III 75t1u --- .t,r„n;r: f'aF• , Planning Commission October 13. 2014 Agenda Item 3 14-4853 James Street ROW Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DA rh:. 8-18-2014 UFHATY cOMPANY: Ozarks Electric APrIJCANl'NAMV. James St, Vacate APrWCANTPHOK: RBQUBSTED VACATION (applicant soul check An (loaf apply): Utility Basement X Righr-ofway for alley o, streets and all utility easements located within the vacated right- of. way. Allay Street right-of-way I hive been notified or the petition to vacate the following (alley, easenlenh right -of --way), described as follows: General location /Address James Street and. Mount Comfort RoadKiarland Ave. Fayetteville, Arkansas --- (,I TTACR rkansas___ (ATTACH legal description mid graphte represenrnrfon of what Is being vacafed-SURVEY) t1TIi.ITY COMPANY COMMENTS: X No objections to the vecadon(s) described nbove, end no comments. No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below,} No objections provided the following conditions arc met' r�'?.2 'Q-2 gain. s of U1114tomp.iny Rcpresnmmivc Lead Staking Tech rule Lrcun :Ilr� Planning Commission 01 13,2014 Agenda Item 3 14-4853 James Street ROW Page 100fle UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE; 09/0312014 OTILITY COMPANY: mm C` -O F Snlld Waste AN APPLICANT NAME: l7aryl 0loyal C_O.F. _ APPLICANT PHONE: A79.W-3415. REQUESTED VACATION (applicant mars check ali that apply): Utility Easemcmt VRight-of-way for alley or street& 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 rigbbof--way), described es ceaeral laeatlon/Address _ James Street at Garland. If it V (ATTAC)f legal description adgraphic reprerenbrtlen of what k bdng vacated-SURVBIT UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. No objection& to the vacations) described above, provided following described esaements are (State the location, dimensions, and purpose below ) No objections provided the following conditions are met: P �,gn.l q n , i I;tdity Companyf)Representative Titlt Planning Commission October 13, 2014 Agenda Item 3 14-4853 James Street ROW Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT• OY- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1/1-;/1 UTILfTYCOMPANY: ficJ -SwEI Ca APPLICANT NAME: -�1+ of APPLICANT PHONE: REQUESTED VACATION (applicant acus! check aN that appty): Utility Easement Right-of-way for alley or waste and all utility easements located within the vacated right- of -way. Alley Street right-of-way I have been notiried of the petition to vacate the following (alley, easentenl, right -of evoy), described as follows: General location /Address (ATTACH legal descelprlon andgraphle represeidallon of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. CJ No objections to the vacations) described above, provided following described easements arc retained. (State the location, dimensions, and purpose below.) lye 1rz.i t, .4E! ---- No objeelions provided the following conditions arc met: tiit9w f f, )Ii�C mpany P, r ;rn:•np%e �a-j"A�VL G�nai✓t�Pr' rWgur, 204 Page 3 Planning Commission October 13, 2014 Agenda Item 3 14-4853 James Street ROW Page 12 of 16 UTILI'T'Y APPROVAL FORM FOR RICHT—OV- WAY, ALLEY, ANI) OTILPPY 6ASEMEN'P VACATIONS CG�'+ APPI.I( A^a'NAMU.: Ct�y- � `ff+SCYff✓/`/r APPLICAN'f 1`HONI: L/c/v--? d 11FO W?ST ED VACA770N (applicnat In fist check all thdt npply): (Ibley h;asemcnt Right-of-way for alley or meets and all utility easements located within the vacated right- of=way. Alley Slreot right-ofwny I have been notified of the petition to vacate /the following (nl!ey, easement, right -of way), daicl bed as'ollaws- General Incrttimtl Andress J DILTICW (d T2'ACJi legn!den'criptim, m,r/hmnplda reyreslureiLul of what is being vacated -SURVEY) li rurY COMPANY COMMENTS: Nu ubj ec[imts to the vaomian(s) dGso ihod above, and no sr,mmarra N0 0 biu(ions Lrh� .icanont) dJeel{t=ld "hoar, piwiil"I R Ilar+in {, tie hzrl case; lung me o;nuncd. ("Fein !,,, lorstiou, diaicns,ons, and P«rpmo bclovr.) Fn ohjaetioes provided the fullu«4gP conditions are met_ Planning Commission October 13, 2014 Agenda Item 3 14-4853 James Street ROW Page 13 of 16 UTIIX1'Y APPROVAL FORM FOR RIGHT -OF- WAV, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: g5ALJF9_a01*_- N / `�(r,y� \ p \,I -fin UTILITY COMPANY. C IoiY tt t5 ft1 rA I E I I C N J� L` V' A I l�Y`,1 t ✓-r�,1VV APPLICANT NAME: DAR YH , DOM APPLICANT PHONE: 44+ - 34 � U REQUESTED VACATION (applicant must check all Mai apply)! Utility Easement Right-eGway for alley or streets and all utility casements located within the vacated right- of- way Alley Street right�af=way I have been notified of the petition to vacate the following (alley, easemene, right -of --way), described as follows - Carrel location l Address1AMEF 51. vAoh?)W p1' GARLMP --- F1 (ATTACH legal description andgraphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENT'S: No objections to the vacation(s) described above, and no comments. No objections to the vacations) described above, provided fallowing described easements are retained. (State the location, dimensions, and purpose below.) No objections providrd the fol I wing condi;ians are meC. Signature of t hitity Company Representative IN.Tfom ItwfiDrt ry W�tFR SFWfYt �GUAIL�IDT�S Tide UI CAN 07 VAA„e,,v2011 PnRf f BECAuS� WA��4- t! SF�r��� Q�.0 S'f 11.L Loc�at�� iN (S. Planning Commission October 13, 2014 Agenda Item 3 14-4853 James Street ROW Page 14 of 16 VAC14-4853 JAMES ST. RIGHT-OF-WAY One Mile View .:,--r.'-KNA2PST . . ............... L fj ELMs:r IIA POPLAR ST V. ca HECK 51 x IIIII,zR BEL At WF .0, ASH ST GEANE ST yrs KELLEY STs Am. R AS 02 �sTu It HELL SUBJECT PROPERTY LER OR LAw HOUYST CEDAR Sr P" NAI ST 4 111 Pul is 0 0 1 J> HOLLYST qa 1I Z' ILI 2TRJOI �.tw, 0 ORA A DR 0 •1 RV RV'W R S! ADAMS ST > BERRY Sili+I Ytlj OJRNS-r.-,-,, j — 1 5051 L04C N11.YNR CL, CLEVE R PROSPECT ST n.l ns V 111j, LORE cR I,S4 LOUISEST IL TS•I 4� 4 hAARKHA 4 YYX W7 fA* w ALCEy ji qu U 0 7 OR �41LTON 4 2 Nit > WALTON T Dow Overview Legend Hills de -Hilltop Overlay District Subject Property Design Overlay District Boundary Plan-iing Area aL -4 Fayetteville 0 0.25 0.5 1 Mles Planning committal n 0113 �n14 Agenda Item 3 14-4853 James Street ROW Page 15 of 16 Page 16 of 16 ow ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4853 SUBMITTED BY CITY STAFF FOR PROPERTY LOCATED AT THE INTERSECTION OF JAMES STREET AND MOUNT COMFORT ROAD TO VACATE EXISTING STREET RIGHT- OF-WAY 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 street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following portions of street right-of-way described in Exhibit `B" attached hereto and made a part thereof. 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: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this day of 2014. APPROVED: ATTEST: 10 LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer OP GLEN UWIDOWILSON TRUST !3 )65L0230000• Iml H0.209T-24903 � '\ N31 °44'47"W -11.23'x N 77°43'08" 15.51' ww W U W` Rft�PoWJ 74.78' N 86°38'48" W MT. COMFORT RD. S31 ° 19'43"E 8.30' CURVE RADIUS ARC LENGTH 1CHORDLENGTH CHORD OWINGDELTA ANGLE C1 100.0E GLEN DAV TRUST 68.64' IN 38'10" 08234 N C2 50.N 12A7 IOft NO 2367-23583 14°04'7 L3 58,77121.26' Z 1440'04'57'E23'58'4 O GLENOHVIwasoN W 765 LOS 5-000 Liz O zN NO 9b2M N CURVE RADIUS ARC LENGTH 1CHORDLENGTH CHORD OWINGDELTA ANGLE C1 100.0E 70.07 68.64' IN 38'10" 4708'41 C2 50.N 12A7 12.44'NT1°00'24'E 14°04'7 L3 58,77121.26' JJ.JV 1440'04'57'E23'58'4 This exhibit is a sketch descriptive only of the size, shape and location of the proposed vacation and does not constitute a plat or survey of the grantor's property. EXHIBIT Rev. Oct. 22, 2014 9' 1 G Not to Scale fi2.92' S 13°05'36" W 75.92' 1 -Rev. Aug. 28,20H M W I nl N m M 0 N SE CO,ne, EE V<NE 1. 53 Tt6NR30W City of Fayetteville, Arkansas 113 West Mountain Street FayetteMile, AR 72701 479-579-9323 TDD / 479521-1319 Text File File Number: 20140446 Agenda Data. 11!612014 Version: 1 statue: Agenda In Control: City C nail File Type: Ordir Agenda Number: C. 4 / AN ORDINANCE APPRO G VAC 14-4853 SUBMITTED BY CITY STAFF FOR P PERTY LOCATED AT THE INTERS CTION OF JAMES STREET AND MOUNT_ ZOMFOROAD TO VACATE EXISTING STREET GHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14vacate public grounds or portions thereof which are not required ro corporate purposes; and WHEREAS, the City Council has deter,'nod that the following escribed portion of the platted street right-of-way is not required for corporate purpos NOW, THEREFORE, BE IT ORDAINED Y THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section1: That the City Council of the City of Fay ville, Arkansas hereby vacates and abandons the following portions of street right-of-way described ibit `B" attached hereto and made a part thereof. Section 2: That a copy of this Ordinancedui certified by the ity Clerk along with the map attached and labeled Exhibit "A" shall be filed in th office of the Recor of the County and recorded in the Deed Records of the County. Section :That this vacation approval is s Ject to the following conditions of ap vat: 1. Any damage or relocation of exis ' g facilities shall be at the owner/developer's a ense City olFayetrevills, Arkansas Page 1 Printed on 10123/2014 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE RECEIVED NORTHWEST ARKANSAS THE MORNINGNEWSALE FSPRINGDERS Kt N�SPAPERS NEWS THE MORNING NEWS OF S TIMES NORTHWEST ARKANSAS TIMES N O V2014 LLC CITY OF FAYE1iE1/YILLE BENTON COUNTY DAILY RECORD CITYCLEI2n FFICE 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479442.1700 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 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 5719 Was inserted in the Regular Editions on: November 13, 2014 Publication Charges: $ 97.28 Karen aler Subscribed and sworn to before me This w day of NUI 2014. 0 , I 'y' Notary Public My Commission Expires: "Z 47-02- L CATHY WILES II E nsas - Benton County blic - Comm# 12397118 ssion Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. ORDINANCE NO 6719 CITY OF AN'ORDINANCE APPROVING VAC 14-4853 SUBMITfEDBYCrIYSTAFFFORPROPERQF LOCATED AT TyE IN OF J,W, E�S,:STREET AND. MOUNT QCMFORT RbAD "TO VACATE - EXISTING -'STREET A R K A N'S AS ,RIGHT:bF-WAY: . - WHEREAS, the CltyzCouncil has theauthority:undeT AC,A. § 14-54-104 to vacptepublic grounds w porhoas thereofwhich are not required forrcrorporate purposes; and _ WHEREAS, the City Council has determined that the following described por-. tion of the planed street right-of-way Is not required for corporate purposew, NOW,, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYEfTEYILLE, ARKANSAS:- at RKANSAS:at the City Council of Jhe City of Fayetteville, Arkansas hereby:.' vacatesd ab .anandonsithe followingjppriions of street ngbi of -way Aescnbed m Ex�ib t & atier7 ed hereto RWd addS a parr. thereof .- a�g48=2.T�'hdf�w�PY���OWinpn�duly�sceiidie"tlbytha�ny fSl�"ic efo,- withthe-mop attachedand labeled E;;hlbtt A-shall'beflled in'the ¢iflce''orf th�-�.' Recorder of the County and reoordedin the DeedRecords of the Counly. ' Sectlon 3. That thls'vaoadon approval is subject to the follovnng condklons` of �proval 1: `Ariy damagg or relopatron'of eicisting fecilkles=shall be at;the owner/level- - oper's expense PASSED and APPROVED this 6th day of November; 2014'- APPFiOVED-_ ATTEST By BY. LIONELDA D JORN NMayor in BRANSON�,Deputy City Clerk - Exl,bii for MTs ordinance may be viewed in the`office of the City Olerk?reasurer.