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
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LISA BRANSON, Deputy City Clerk G j Y sGo%
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EXHIBIT FAF
14-4853
VAC14-48531 JAMES ST. RIGHT-OF-WAY
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VAC14-4861
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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
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INA
JAMES Si
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••^^••. 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
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4PROPERTY
HOLLY ST
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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.
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I JAN. 2013
UTILITY- EASEMENT
GLEN DAVID
WILSON TRUST
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UTILITY EASEMENT W
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WILSON TRUST°
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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
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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
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Planning Commission
October 13, 2014
Agenda Item 3
14-4853 James Street ROW
Page 14 of 16
VAC14-4853 JAMES ST. RIGHT-OF-WAY
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Agenda Item 3
14-4853 James Street ROW
Page 15 of 16
Page 16 of 16
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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
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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
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-Rev. Aug. 28,20H
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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.