HomeMy WebLinkAboutOrdinance 5244 ' Doe ID: 012925950003 Type: REL
Kind: ORDINANCE
Recorded: 06/22/2009 at 11:15:35 AM
Fee Amt: $25.00 pace 1 of 3
Naahington Countv. AR
Bette Stance Circuit Clerk
File2009-00019378
ORDINANCE NO. 5244
AN ORDINANCE APPROVING VAC 09-3267 SUBMITTED BY BATES AND
ASSOCIATES FOR PROPERTY LOCATED AT SYCAMORE STREET AND
SADDLEHORNE AVENUE, TO VACATE AN UNIMPROVED PORTION OF
RIGHT-OF-WAY FOR SYCAMORE STREET, CONTAINING A TOTAL OF
0.07 ACRES.
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 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 right-of-way as described in Exhibit`B" (attached).
Section 2: 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: This vacation approval is subject to the owner's continuing agreement that
any damage or relocation of existing utilities shall be at the owner's expense and that the vacated
portion of the right-of-way shall be retained as a permanent utility easement.
PASSED and APPROVED this 2"d day of June, 2009.
APPROVED: ATTEST: �
By: '�`� By: A � aA'�'xrr��;.oRK/TR ''�.
L NLD JO AN,Mayor SO DRA E. SMITH, City Clerk/Ire
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EXHIBIT "A"
VAC 09-3267
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LARGE SCALE DEVELOPMENT PLAN "EwsoNs �once'
Bates& FOR
Associates-jnc. LIFE STYLES, INC.
UW Enghndng Sumylng RIGHT OF WAY VACATION PLAN
FAYETTEVILLE, ARKANSAS
EXHIBIT `B"
VAC 09-3267
Sycamore Street right-of-way
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE N01°26'44"E 399.83', N88°53'22"W
662.18', S01°53'25"W 375.59', N88°33'03"W 109.04'TO THE TRUE POINT OF
BEGINNING, THENCE S26°01'19"W 21.99', THENCE N88°33'03"W 153.13'TO THE
RIGHT OF WAY OF U.S. INTERSTATE#540, THENCE ALONG SAID RIGHT-OF-WAY
N30°22'02"E 22.85', THENCE S88°33'03"E 151.22'TO THE POINT OF BEGINNING,
CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY OF RECORD.
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/2/2009
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
VAC 09-3267: (LIFE STYLES, INC./SYCAMORE, 363): Submitted by BATES&ASSOCIATES for property located
at THE NORTH CORNER OF SYCAMORE ST. AND SADDLEHORNE AVE. The property is zoned P-1,
Institutional and contains approximately 1.27 acres. The request is to vacate an unimproved portion of right-of-way
for Sycamore Street.
Cost of this request Category/Project Budget Program Category/Project Name.
$
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name i
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Department"ire Dns--ate
Original Contract Date:
S'I L('dk Original Contract Number:
City Attome Date
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_ S-1S [Oaf SERF
Finan c and Internal
Services Director Date Received in City W� Ny
Clerk's Office
h ((Ot tall Date FRED
Received in
Mayor's Office
M yor ate
Comments:
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Revised January 15,2009
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City Council Meeting of June 2, 2009
Agenda Item Number
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CITY COUNCIL AGENDA MEMO
To: Mayor and City Council pp
Thru: Jeremy C. Pate, Director of Development Services U
From: Dara Sanders, Current Planner
Date: May 13,2009
Subject: Vacation for Life Styles, Inc (VAC 09-3267)
RECOMMENDATION
Staff and the Planning Commission recommend approval of vacating a portion of
unimproved right-of-way adjacent to the subject property.
BACKGROUND
The property, containing approximately 1.27 acres, is currently vacant and located at the
corner of Sycamore Street and Saddlehorne Avenue, adjacent to I-540. Both Sycamore
Street and Saddlehorne Avenue have not been constructed at this location.
In March 2009, the City Council approved the applicants request to rezone the subject
property to P-1, Institutional in order to develop the property as an expansion of the Life
Styles College for Living, an adult education program for individuals with developmental
disabilities. Currently, Life Styles is located at the southwest corner of Sycamore Street
and Porter Road,just two properties southeast of the subject property (see attached map).
Development of this property will be subject to the I-540 Design Overlay District and
Commercial Design Standards.
The applicant's request is to vacate a portion of unimproved right-of-way for Sycamore
Street that is adjacent to I-540. Staff finds that construction of a bridge over I-540 to the
west is unlikely, and to staff s knowledge, has never been included in the Master Street
Plan. An aerial map, showing the location of existing cast/west connections across I-540
in the area,has been included in the staff report.
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DISCUSSION
This item was heard at the regular Planning Commission meeting on May 11, 2009. The
Planning Commission voted 7-0-0 to forward this rezoning request to the City Council.
BUDGETIMPACT
None.
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ORDINANCE NO.
AN ORDINANCE APPROVING VAC 09-3267 SUBMITTED
BY BATES AND ASSOCIATES FOR PROPERTY LOCATED
AT SYCAMORE STREET AND SADDLEHORNE AVENUE,
TO VACATE AN UNIMPROVED PORTION OF RIGHT-OF-
WAY FOR SYCAMORE STREET, CONTAINING A TOTAL
OF 0.07 ACRES.
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
AS, the City Council has determined that the following described portion of the
platted right-of-way is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE,ARKANSAS:
I
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the right-of-way as described in Exhibit`B" (attached).
Section 2: 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: This vacation approval is subject to the owner's continuing agreement that
any damage or relocation of existing utilities shall be at the owner's expense and that the vacated
portion of the right-of-way shall be retained as a permanent utility easement.
PASSED and APPROVED this day of 2009.
APPROVED: ATTEST:
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By: By:
LIONELD JORDAN,Mayor SONDRA E. SNHTH,City Clerk/Treasurer
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EXHIBIT "A"
VAC 09-3267
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- #� E 91^.f^9&SD^•%'l^9 RIGHT OF WAY VACATION PLAN --
FAYETTENLLE, ARKANSAS --
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EXHIBIT `B"
VAC 09-3267
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Sycamore Street rinht-of-way
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 16 NORTH, RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE N01026'44"E 399.83', N88°53'22"W
662.18', S01053'25"W 375.59', N88°33'03"W 109.04'TO THE TRUE POINT OF
BEGINNING, THENCE S26°01'19"W 21.99', THENCE N88°33'03"W 153.13'TO THE
RIGHT OF WAY OF U.S. INTERSTATE#540, THENCE ALONG SAID RIGHT-OF-WAY
N30022'02"E 22.86, THENCE S88°33'03"E 151.22'TO THE POINT OF BEGINNING,
CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY OF RECORD.
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VAC 09-3267 (Life Styles)
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PC Meeting of May 11, 2009
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THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Data Sanders, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Development Services Director
DATE: May4,-20G9 Updated May 14, 2009
VAC 09-3267: (LIFE STYLES, INC. /SYCAMORE, 363): Submitted by BATES &
ASSOCIATES for property located at THE NORTH CORNER OF SYCAMORE ST. AND
SADDLEHORNE AVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE
and contains approximately 1.27 acres. The request is to vacate an unimproved portion of right-
of-way for Sycamore Street. Planner: Data Sanders
Findings:
Property Description: The property, containing approximately 1.27 acres, is currently
vacant and located at the corner of Sycamore Street and Saddlehorne Avenue, adjacent to
I-540. Both Sycamore Street and Saddlehorne Avenue have not been constructed at this
location.
Request: The applicant's request is to vacate a portion of unimproved right-of-way for
Sycamore Street that is adjacent to I-540. Staff finds that construction of a bridge over I-
540 to the west is unlikely, and to staff's knowledge, has never been included in the
Master Street Plan. An aerial map, showing the location of existing east/west connections
across I-540 in the area, has been included in the staff report.
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
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UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objections
ifArkansas Western Gas No Objections
Southwestern Bell Telephone No Objections
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K:\Reports\2009\PC Reports\12-May MVAC 09-3267(Life Styles).doe
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CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
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Solid Waste No Objections
Engineering No Objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 09-3267 to the City Council
with a recommendation of approval with the following conditions:
Conditions of Approval:
1. Any relocation of existing utilities shall be at the owner/developer's expense.
2. The vacated portion of right-of-way shall be retained as a utility easement.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: Forwarded ❑ Denied ❑ Tabled
Date: May 11,2009
Motion: Graves
Second: Cabe
Vote: 7-0-0
KAReports\2009\PC Reports\12-May LAVAC 09-3267(Life&yles).doc
PETITION
PETITION TO VACATE A right-of-way LOCATED ALONG West Sycamore Street,CITY OF
FAYETTEVILLE,ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We,the undersigned,being all the owners of the real estate abutting the right-of-way hereinafter sought to be abandoned
and vacated,lying along West Sycamore Street, City of Fayetteville,Arkansas, a municipal corporation,petition to
vacate a right-of-way which is described as follows:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 f
NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS
FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N01°26'44"E 399.83',N88°53'22"W 662.18',SOI'53'25"W 375.59',N88°33'03"W 109.04'TO THE TRUE
POINT OF BEGINNING,THENCES26°01'19"W 21.99',THENCE N88°33'03"W153.13'TO THE RIGHT OF WAY
OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85', THENCE
S88033'03"E 151.22'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT
TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
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That the abutting real estate affected by said abandonment of the right of way is lot 47,Horseshoe Addition City of
Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely
affected by the abandonment of the portion of the above described right-of-way.
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The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject,
however,to the existing utility easements and sewer easements as required,and that the above described real estate be
used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by
law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to
said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that
particular land the owners be free from the easements of the public for the use of said alley. j
St I
Dated this 1 rday of
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4- 2-03:,2:23PM;AWG otsoatc0 Fay. AR ;4735828258 # 2/ 3
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, VACATION
DATE: April 1, 2009
UTILITY COJ^1MPANY: F.F QK4Q AS L-✓F-Sm 4AS
Applicant Name: Bates & Associates, Inc. Applicant Phone: 479442-9350
REQUESTED VACATION (applicant must check all that apply):
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
X Street right-of-way
I have been notified of the petition to vacate the following right-of-way, described as follows:
General location / Address: Comer of Sycamore St. and Saddlehome Avenue
Description of Right of Way to be vacated
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCEN01°26'44"E 399.83', N88°53'22"W 662.18, S0I°53'25'W 375,59', N88°33'03"W 109.04' TO THE TRUE
POINT OF BEGINNING, THENCE S26°01'19'W 21.99', THENCE N88°33'03"W 153.13' TO THE RIGHT OF WAY
OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85', THENCE
S88°33'03'E 15122' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OP RECORD.
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
"_ ' �y.Co
t afore of Utility Company Representative
JO?TN WgiE r E/- IOI.IAL Yid (Ayl /1GElR
Title
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, VACATION
DATE: April 1, 2009
UTILITY COMPANY: COX COMMUNICATIONS
Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350
REQUESTED VACATION (applicant must check gjj that apply):
❑ Utility Easement
❑ Right-o€way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
X Street right -of --way
I have been notified of the petition to vacate the following right-of-way, described as follows:
General location / Address: Comer of Sycamore St. slid Saddlehome Avenue
Description of Right of Way to be vacated
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLYDESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N0l'26'44'B 399.83', N88°53'22"W 662.18', S0l°53'25"W 375,59', N88°33'03"W 109.04' TO THE TRUE
POINT OF BEGINNING, THENCE S26°01'19"W 21.99', THENCE N88°33'03"W 153.13'TOTHBRIGHT OFWAY
OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85', THENCE
888°33'03"E 151.22' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE ORLESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation(s) described above.
1M' No objections to the vacations) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
ANY DAMAGE OR RELOCATION OF EXISTING FACILITIES WILL BE AT THE DEVELOPER'S EXPENSE.
S' ure of Utility Company Representative
FIELD ENGINEER
Title
Pages
UTILITY APPROVAL FORM
FOR RIGHT- OF. WAY, VACATION
DATE: April 1.2009
UTILITY COMPANY: S�T6LW�sCanJ I tcLVNoN6
Applicant Name: Bates & Associates. Inc Applicant Phone: 479-442-9350
REQUESTED VACATION (applicant must check all that apply):
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
X Street right-of-way
I have been notified of the petition to vacate the following right-of-way, described as follows:
General location / Address: Corner of Sycamore St. and Saddlehome Avenue
Description of Right of Way to be vacated
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORTH. RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N0I °26'44"E 399.83', N88°53'22"W 662.18', 5019325W 375.59', N88°33'03"W 109.04' TO THE TRUE
POINT OF BEGINNING, THENCE S26°01'19"W 21.99', THENCE N88°33'03"W 153.13' TO THE RIGHT OF WAY
OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85, THENCE
S88°33'03"E 151.22' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
UTILITY COMPANY COMMENTS:
O No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
ALL Ex/S lnics- (ITILl1 ( ERSEcn€Ni S 1DAmAGE
_cO►? RE oGr�TtoN o`F A 1Y �CISTIN(-t
iAC\LuT1ES U)iLL12c CcRco cog pT
THE oc,,� % 1 WEmP%R' S P x P€\c €
Signature of Utility Company
Os? Da I(SioEu'jajz
Title
Pages
Z d t.5 LZSZ49Bb' ON/OZ:B '.LS/IZ:S 602 't' (rsH.LI - WOH3
Apr. 2. 2009 8:40AM
No. 6721 P. 2
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, VACATION
DATE: April 1, 2009
UTILITY COMPANY; A€P/ l= P C p
Applicant Name: Bates & Associates. Inc Applicant Phone: 479-442.9350
REQUESTED VACATION (applicant must cheek all that apply):
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
X Street right-of-way
I have been notified of the petition to vacate the following right -of --way, described as follows:
General location / Address: Cgmer of Sycamore St. and Saddlehorne Avenue
Descrintion of Right of Way to be vacated
A PART OF THE SOUTHEAST QUARTER OF TILE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N0]°26'44'E 399.83', N88°53'22'W 662.1 B', S01 °53'25"W 375.59', N88°3303"W 109.04TO THE TRUE
POINT OF BEGINNING, THENCE 526°01'19"W 21.99', THENCE N68°33'03"W 153.13' TO THE RIGHT OF WAY
OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°2202E 22.85', THENCE
SB8°33'03'E 151.221O THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
UTILITY COMPANY COMMENTS:
XNo objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
Signature of Utiity Company Representative
R/1j AGENT
Title
Page 5
04-02-09;07:18AM;
4796844617 # 2/ 2
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, VACATION
DATE: April 1, 2009
UTILITY COMPANY; OZA,?-KS £L-EGt R lL
Applicant Namc: Bates & Associates. Ine. Applicant Phone•. 419-442-9350
REQUESTED VACATION (applicant must check g(t that apply);
O Utility Easement
❑ Rightof-way for olley or st mcts and all utility casements located within the vacated right- of- way.
❑ Alley
X Street right-of-way
I have been notified of the petition to vacate the following right-of-way, described as follows:
General location / Address: Comer of Svcamore St. and Saddlebome Avenue
Description of Right of Way to be vacated
A PART OP THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORTH, UNGE30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N01°2644"E 399.83', N88°53'22"W 662,18', 801953'25"W 375.59', N88°33'03"W 109,04' TO THE TRUE
POINT OF BEGINNRJG,THENCES26°01'19"W 21.99', THENCE N8g°33'03"W 153.13' TOTHERIGHTOF WAY
OF U.S. INTERSTATE 0540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85, THENCE
S88°33'03"E 151.22' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
UT
ILITY COMPANY COMMENTS:
8 No objections to the vacation(s) described above.
0 No objections to the vacation(s) described above, provided following described easements are retained.
(state the location, dimensions, and purpose below.)
Ie4d5/kr,tt - e
Title
Pagr 5
04/03/2009 FRI 14:20 FAX 479 684 4730 WATER & SEWER
1jool
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, VACATION
DATE: April 1, 2009
UTILITY COMPANY: .j't•R.0 t \\'s- tas -
Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350 ��x I �+c \ SZ \ _ 9'J D
REQUESTED VACATION (applicant lutist check all that apply): \ l
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
X Street right-of-way
I have been notified of the petition to vacate the following right-of-way, described as follows:
General location / Address: Comer of Sycamore St. and Saddlehome Avenue
Description of Right of Way to be vacated
A PART OF THE SOUTHEAST QUARTER OF TIM SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASIBNGTON COUNTY, ARKANSAS, MOREPARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT TIME SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N0I°26'44"E 399.83', NSS°5i 22'W 662.18', S01°53'25'W 375.59, N88°33'03"W 109.04' TO THE TRUE
POINT OF BEGINNING, THENCE S26°01'19'W 21.99', THENCE NS8°33'03"W 153.13'TOTI-IERIGHT OF WAY
OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85, THENCE
SS8°33'03"E 151.22' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
UTILITY COMPANY COMMENTS:
O No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below-) 1'\
W\\reyc. 't' 0.,, rC -�.. V'&q. 2les-1 tt,s#) ` {1Jt Stu
S' -b° wb \W SFF Oc GGI Av1
Signature of Utility(( Company Rep ontativve
L�. r3%?1 1`4 L 1r
Title
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, VACATION
DATE: April 1, 2009
UTILITY COMPANY: ' __.ltp",l\'e
Soc,d
Wa
Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350
REQUESTED VACATION (applicant must checkgg that app:
O Utility Easement
O Right -of --way for alley or streets and all utility easements located within the vacated right- of- way-
O Alley
x Street right-of-way
I have been notified of the petition to vacate the following right-of-way, described as follows:
General location / Address: Comer of Sycamore St and Saddfehome Avenue
Desair*ir of Right of Way to be vacated
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORM, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE NO! °26'44"E 399.83', N88 -53-22"W 662.18', S0l°5325"W 37559', N88'33'03"W 109.04' TO THE TRUE
POD TOP BEGINNING, THENCE S26°01'19"W 21.99',THENCE N88°33'o3"W 153.13' TO THE RIGHT OF WAY
OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02'E 2285, THENCE
S88"33'03"E 151.22' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
O - No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
Signature ofUtilityCompany l4pxvsentative
u)afl0 QniQrrcr.�7'.d vtJ.
Title
Pages
U THATY APPROVAL FORM
FOR RIGHT- OF -WAY, VACATION
DATE: April 1, 2009
UTILITY COMPANY:
Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350
REQUESTED VACATION (applicant amst check gjjthatapply):
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right of- way.
❑ Alley
X Street right-of-way
I have been notified of the petition to vacate the following right-of-way, described as follows:
General location / Address: Coma of Sycamore St. and Saddlehome Avenue
Description of Rightof Way to be vacated
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N01°26'44"E 399.83', N88°5322'W 662.18', 301.53'25"W 37559, N88°33'03"W 109.04' TO THE TRUE
POINTOFBEGINNING,THENCES26°01'l9'W 2199',THENCE N88°33'03"W 153.13' TOTHERIGRTOF WAY
OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 2285', THENCE
588°33'03"B 151.2T TOTHE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
UTILITY COMPANY COMMENTS:
!°1 No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements am retained.
(State the location, dimensions, and purpose below.)
Signature of ihty Company Repres rtive
t�i4tJ S�oLt//CPc /2
Title
Page 5
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY VACATION REQUESTS
Date: April 1, 2009
Address / location of vacation: Corner of Sycamore St. and Saddlehorne Avenue
Adjacent property address: JDH Investments, 16058 Cypress Lane, Rogers, AR 72756
Lot: 47
Block: _
Subdivision: Horseshoe Addition
REQUESTED VACATION:
I have been notified of the petition to vacate the following right-of-way, described as follows:
Description of Right of Way to be vacated
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N01°26'44"E 399.83', N88°53'22"W 662.18', S01°53'25"W 375.59', N88°33'03"W 109.04' TO THE TRUE
POINT OF BEGINNING, THENCE S26°01'19"W 21.99', THENCE N88°33'03"W 153.13' TO THE RIGHT OF
WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85', THENCE
S88°33'03"E 151.22' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
ADJACENT PROPERTY OWNERS COMMENTS:
O I have been notified of the requested vacation and decline to continent.
I do not object to the vacation described above.
O I do object to the requested vacation because:
N e of Property Owner (printed)
.rp1
nature of Proper caner
Page 6
3ates < < ,
Ai,inc.
nc.
Civil Engineering #s Surveying
91 W. Colt Square Dr., Suite 3 / Fayetteville, AR 72703
PH: 479-442-9350 * FAX: 479-521-9350
April 1, 2009
Planning Department
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Sycamore Street ROW vacation (Life Styles College)
Dear City Planner,
Life Styles Inc., is requesting that a portion of the Sycamore Street Right of Way be vacated.
The vacation is needed in order to develop the Life Styles College for Living. The right of way
in question, currently dead ends into I-540. The vacation will not affect the connection of
Sycamore and Saddlehorne Avenue.
If you have any questions or require additional information, please feel free to call.
Sincerely
Bates & Associates, Inc.
Geoffrey H. Bates, P.E.
President of Engineering