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HomeMy WebLinkAboutOrdinance 5257 ORDINANCE NO. 5257 AN ORDINANCE APPROVING VAC 09-3181 SUBMITTED BY KIRK ELSASS FOR PROPERTY LOCATED AT 619 NORTH ROCKCLIFF ROAD TO VACATE APPROXIMATELY 3,206 SQUARE FEET OF DRAINAGE EASEMENT ON THE SUBJECT PROPERTY 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 3,206.3 square foot portion of the platted drainage easement 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 3,206 square feet of drainage easement as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. The applicant shall submit a revised grading plan indicating the existing natural drainage channel shall remain undisturbed except to allow for the installation of the sewer service line. Silt fencing and/or tree preservation fencing shall be installed and inspected by City staff prior to any land disturbance. 2. A new 20' drainage easement shall be dedicated prior to building permit approval. 3. Any relocation of existing utilities shall be at the owner/developer's expense. Page 2 Ordinance 5257 TR PASSED and APPROVED this 21"day of July, 2009. ���1Y°O.SG�a� E ;FAYETTEVILLE° APPROVED: ATTEST: ; °tea 'se9sy�OCAN'oJ�, lG�014 By: y By: v L ONELD J AN, Mayor SO RA E. SMITH, City Clerk/Treasurer JOa58'01 23'W (7.47 JO Lb a 17.47 i N (� L J ass-Deva)-Doo 1 S NO 1'S, 7 E 2,54 ItEf uc, '- CANIYAPY 59-FIR INFO JOYCC DUO > N3Z'23'47'14 147,42` N. RIM EtEV. IAW.86 FaYEO£N41 AP. M 532'23'4TE 147. 5 -^— _—_—_�^,_ � '� IW. NOR74- u96.o9 zourxc:RSF_a VALEO sum .+ INV. EOSTa 624 & OCKCwff RUM. 8ULN4NAN / / ✓� t396.t1 FP4OREMO: . >a)01 R,*- ER C4 �CLIS,ee% R/w1 R-187.26' . /- ear C"M-IeV L=100.58' C LEN=146,18' 2 R=187.28' \•� %/1 ` T /� ^ BRIG-NiSroV18"E A=30'46'07" x-2s acP / © ''° C LEN=98.36' C2 R NE COIL C3 BRG=572.37'13"E / , LOT 16 ° a- 26,RCP' tc—_'"° v-1— -1 / 1 77IJp1r��I,�.I�j` yti h� x111 ACRES w tLm r\, // CAG��ti• DRft / i4° 5002.21 50. FT, z tiI z'fi'iW I '. c� /' PROPOSED HOUSE 2-STORY BRICK & FRAME 0' HOUSE i'o'c ID.D' NS 621x Az 250' �// / / ,\® • °... \\OO�.A�ta�',\� I I I to I'' ^'!I �Z ' / pN } s p� \�� 9.e• rp� o �QFo �o�� pIly / R RSF-4ol �_a Qg ?"Y r 41 \gIII.N O(v PUNTER 'ORIGINAL '. LOT 16. BLOCK 1 r 5� i�yvf; ' \ 0.48! ACRES 15 f o B.S.B;� •moi 20.994:33 S0. FT. �\j 9:1'4;;VW/ mIry v:, ' LOT 16, BLOCKus 1 J •`y,.Jl ./ t; , z Cw 0.42 e ' f—M�,,NOLc 1 ACRES R17 18.418.3f S0. FT. - ry ': ! ' €e 61 15, pq- 465-0A6=gcol / o LS SYANLEY NUDROHD ONCGOW4AYA \ 65J N ROGvtLLR/200 - ' FavtTrewLLF, AR. 4:70 1 \ / ® �4.• n SE COR, h \ \\ JS LOT 16 �t P py BLOCK I sS'4 !� ✓ / g50'N W'' \5Ut0"\P. P.O.B. �4�y. ` . AN, LOT 15 SW COR. LOT 1 BLOCK 9 N;639405.363 Page 3 Ordinance 5257 EXHIBIT "B" VAC 09-3181 20'DRAINAGE EASEMENT TO BE VACATED-LOT 1 A TWENTY(20)FOOT WIDE DRAINAGE EASEMENT, SAID EASEMENT BEING SHOWN ON LOT NUMBERED ONE(1),BLOCK NUMBERED NINE(9)OF THE REPLAT OF BLOCKS EIGHT(8)AND NINE(9) OF HYLAND PARK, PHASE FIVE(5), TO THE CITY OF FAYETTEVILLE,ARKANSAS, AS PER PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 9 AT PAGE 87 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT ONE(1), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N65040'47"W 14.30 FEET ALONG THE SOUTH LINE OF SAID LOT ONE(1)TO A POINT ON THE EAST LINE OF SAID EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE N65040'47"W 24.29 FEET TO A POINT ON THE WEST LINE OF SAID EASEMENT;THENCE N09055'08"W 39.51 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT; THENCE N26031'15"W 17.46 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT ON THE WEST BOUNDARY OF SAID LOT ONE(1); THENCE NO1°26'08"E 47.52 FEET ALONG THE WEST LINE OF SAID LOT ONE(1)TO A POINT; THENCE LEAVING THE WEST LINE OF SAID LOT ONE(1),N44030'22"E 65.06 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT ON THE NORTH LINE OF SAID LOT ONE(1), SAID POINT BEING ON A 187.26 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST;THENCE SOUTHEASTERLY 21.44 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING S66°30'51"E 21.43 FEET TO A POINT ON THE EAST LINE OF SAID EASEMENT; THENCE LEAVING THE NORTH LINE OF SAID LOT ONE(1), S44°30'22"W 82.04 FEET ALONG THE EAST LINE OF SAID EASEMEMT TO A POINT; THENCE S26°31'15"E 40.43 FEET ALONG THE EAST LINE OF SAID EASEMENT TO A POINT; THENCE S09°55'08"E 56.04 FEET TO THE POINT OF BEGINNING. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/21/2009 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department l� rl Action Required: VAC 90-3181: (ELSASS/621 ROCKCLIFF ROAD, 449): Submitted by KIRK ELSASS for property located at 619 N. ROC CLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.27 acres. The request is to vacate a drainage easement on the subject property. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached C. &.15A Previous Ordinance or Resolution# Depart nt ire o Date Original Contract Date: (-2%,.®c( Original Contract Number: City Attorney _ Date Finance and Internal Services Director Date Received in City Clerk's Office hie f ff 'Date Ell Received in Mayor's Office ay6r Oate Comments: Revised January 15,2009 City Council Meeting of July 21, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy C. Pate, Director of Development Services From: Jesse Fulcher, Current Planner Date: June 24, 2009 Subject: Vacation for Elsass/Rockcliff Road (VAC 09-3181) RECOMMENDATION Staff and the Planning Commission recommend approval of vacating an existing drainage easement on the subject property. BACKGROUND The subject properties are located at 619 and 621 Rockcliff Road and zoned RSF-4. The properties were platted as part of Hyland Park Phase I (Lot 16) and Phase V (Lot 1). Lot 16 has been previous developed with a single-family home; however, Lot 1 is encumbered by several existing drainage and utility easements. In an effort to create sufficient area for a new single-family home on Lot 1, that applicant is proposing to adjust the property line between the two lots, relocate a telephone and sewer service line, vacate several drainage and utility easements and dedicate new easements as necessary. The applicant's request is to vacate the existing drainage easement and to plat a drainage easement over the true location of the drainage path. DISCUSSION This item was heard at the regular Planning Commission meeting on June 22, 2009. The Planning Commission voted 7-0-1 to forward this rezoning request to the City Council with a recommendation of approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 09-3181 SUBMITTED BY KIRK ELSASS FOR PROPERTY LOCATED AT 619 NORTH ROCKCLIFF ROAD TO VACATE APPROXIMATELY 3,206 SQUARE FEET OF DRAINAGE EASEMENT ON THE SUBJECT PROPERTY 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 3,206.3 square foot portion of the platted drainage easement 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 3,206 square feet of drainage easement as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. The applicant shall submit a revised grading plan indicating the existing natural drainage channel shall remain undisturbed except to allow for the installation of the sewer service line. Silt fencing and/or tree preservation fencing shall be installed and inspected by City staff prior to any land disturbance. 2. A new 20' drainage easement shall be dedicated prior to building permit approval. 3. Any relocation of existing utilities shall be at the owner/developer's expense. Page 2 Ord. PASSED and APPROVED this day of 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A aoo as 4y e_ — )65-0671)-000 t N5A'O7 23'�"W 17.47 "ll KEE, LUC. 'S NOTSt 18"E 2,54' RPNIiARY S WfR NFtr 1,200 E. JOYCE BLVD i N32'2347W tn7.42'. - --- G �'- -INV.RINORTH- N96,09 20'NOiNO RS£-[R )I)OJ 532'23'47"E 147,55' 763-06716-tl00 b INV. EAST= 1396.11 GALE& 6UZAN BUCHANAN •�" 624 N. ROCKCLIFF ROAD gg y FATE EVXI.E. AR. 7x701 Cu ' C zONINC: RSF-a (ARogr ii SPHA(7 R=187.261 , 6=45'56'551 iZ,)m�Gqq� L=100,56' / LEN=146.18' J R=187,26' SRO-N69'01'16'E 4=30'46'07" /�-26' RCP r° C LEN=99.36' i/i'! � R w C3 8RG=572'3T13'E P / C? NE COR, zb' RCP / LOT i6 ?" u-..� BLOCK 7 H Ig• � �m w `PO a 6• ry yM1b I 14 I h t i ACRES ✓I' e y ° b / � / h cOecPEiE�, a' P e'9 TaR 5,002.23 50 R. W-. mo o- / z3 \/[` L. OM.VE PROPOSED s ` \ I .I z ICf n v \ I i:O,OF HOUSE 2-STORY BRIG HOUSE RAME loo Io.o' ,\ / o //621bP.\ ! � N I RSP-4 l Oq ? W w IN S 25 0 E 3. p90 \0' 4= Y \/\ / eta• \�\ 3910 e' '1°II RSI"-4 Fes` 4�,9 0 PUNTER ORI9 Io O la 16. SP_ 169 LOT 16, ALOES f \ - O,48± ACREA q'�Rr 'y 15' B.SB_ m Fi. \� o y\ ,\ ADJUSTED ` I `R .z 1 L3 \ LOT 16, BLOCK 1 \I ADJUSrfo LINE unI+HOLc 'T• s 0.42± ACRES7I— \ 18,418.3± S0, FT. 7o0669J-ODaO \\ LS 664" NUCRO1141 65d N ROCKROAD zFAYTEVIaLIsE701 £-AR .NIq 1�272 SE COR, I 2p'00' .,5 OpOT vw N ALOCK61/ lvSs,4I l 1 OT\�Zw1EL PAS, C4j.� I x I ORp�SN,t' /ADJ, LOT 16 SS LSW COR, BLOCK 9 N:639405.353 EXHIBIT "B" VAC 09-3181 20' DRAINAGE EASEMENT TO BE VACATED - LOT 1 A TWENTY (20) FOOT WIDE DRAINAGE EASEMENT, SAID EASEMENT BEING SHOWN ON LOT NUMBERED ONE (1), BLOCK NUMBERED NINE(9) OF THE REPLAT OF BLOCKS EIGHT(8) AND NINE (9) OF HYLAND PARK, PHASE FIVE(5), TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 9 AT PAGE 87 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT ONE (1), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N65°40'47"W 14.30 FEET ALONG THE SOUTH LINE OF SAID LOT ONE (1) TO A POINT ON THE EAST LINE OF SAID EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE N65040'47"W 24.29 FEET TO A POINT ON THE WEST LINE OF SAID EASEMENT; THENCE N09055'08"W 39.51 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT; THENCE N26°31'15"W 17.46 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT ON THE WEST BOUNDARY OF SAID LOT ONE (1); THENCE NO1026'08"E 47.52 FEET ALONG THE WEST LINE OF SAID LOT ONE (1) TO A POINT; THENCE LEAVING THE WEST LINE OF SAID LOT ONE (1),N44°30'22"E 65.06 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT ON THE NORTH LINE OF SAID LOT ONE (1), SAID POINT BEING ON A 187.26 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY 21.44 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING S66030'51"E 21.43 FEET TO A POINT ON THE EAST LINE OF SAID EASEMENT; THENCE LEAVING THE NORTH LINE OF SAID LOT ONE (1), S44°30'22"W 82.04 FEET ALONG THE EAST LINE OF SAID EASEMEMT TO A POINT; THENCE S26°31'15"E 40.43 FEET ALONG THE EAST LINE OF SAID EASEMENT TO A POINT; THENCE S09°55'08"E 56.04 FEET TO THE POINT OF BEGINNING. j j PC Meeting of June 22, 2009 /y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W_ Mountain St_ Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: June 10, 2009 VAC 08-3181: (KIRK ELSASS / ROCKCLIFF RD.): Submitted by KIRK ELSASS for property located at 619 N. ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.08 acres. The request is to vacate a drainage easement on the subject property. Planner: Jesse Fulcher Findings: Property Description: The subject properties are located at 619 and 621 Rockcliff Road and zoned RSF-4. The properties were platted as part of Hyland Park Phase I (Lot 16) and Phase V (Lot 1). Lot 16 has been previous developed with a single-family home; however, Lot 1 is encumbered by several existing drainage and utility easements. Additionally, an existing drainage channel is located outside of the existing drainage easements. In an effort to create sufficient area for a new single-family home on Lot 1, that applicant is proposing to adjust the property line between the two lots, relocate a telephone and sewer service line, vacate several drainage and utility easements and dedicate new easements as necessary. Request: The applicant's request is to vacate the existing drainage easement and to plat a drainage easement over the true location of the drainage path. The applicant originally proposed to pipe and fill the existing drainage way; however, staff recommended a different approach due to the amount of grading and tree removal that would have been necessary for this option. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. Southwestern Electric Power Company Not applicable. Arkansas Western Gas No Objections. Southwestern Bell Telephone No Objections. Relocation of any K:\IReports\2009\PC Reports\15-June 22\VAC 08-3181(Elsass_619 Rockclift)Drainage easement.doc existing facilities shall be at the owner/developers expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Dedication of a new 20' drainage easement over the current drainage path shall occur prior to building permit approval. Additionally, not grading shall occur within the existing drainage channel. Public Comment: The adjacent property owners have indicated no objections to the proposed drainage easement vacation; however, a resident of the subdivision has objected to the proposal to reconstruct the existing drainage corridor. Recommendation: Based on a 1973 drainage plan that was produced for the Hyland Park development, it appears that the drainage through Lot 1, and the surrounding area, has changed very little in the past 35 years. With the exception of storm pipes that were installed to allow water to flow under the streets, the natural drainage paths have been preserved. If the drainage easement was incorrectly platted, or if the drainage path has shifted since the easement was dedicated, then the existing easement should be vacated and reestablished in the correct location. However, staff does not support a plan that will fill in the existing drainage channel, or remove much of the existing canopy. The applicant has resubmitted the proposal indicating that a home can be constructed on the property without disturbing the existing drainage channel_ Therefore, staff recommends forwarding (VAC 08-3181) the request to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: I. The applicant shall submit a revised grading plan indicating the existing natural drainage channel shall remain undisturbed except to allow for the installation of the sewer service line. Silt fencing and/or tree preservation fencing shall be installed and inspected by City staff prior to any land disturbance. 2. Anew 20' drainage easement shall be dedicated prior to building permit approval. 3. Any relocation of existing utilities shall beat the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 13 Forwarded ❑ Denied ❑ Tabled Date: June 22,2009 Motion: Second: Vote: K:aeports\2009TC Reportski 5-June 22\VAC 08-3181(Elsass_619 Rockclitt)Drainage easement.doc DRAINAGE EASEMENT VACATION PETITION PETITION TO VACATE A DRAINAGE EASEMENT LOCATED IN LOT 1, BLOCK 9, HYDE PARK PHASE 5, 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 drainage easement hereinafter sought to be abandoned and vacated, lying in Lot 1, Block 9, Hyde Park Phase 5, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a drainage easement which is described as follows: EXISTING DRAINAGE EASEMENT (TO BE VACATED) A PART OF LOT I, BLOCK 9, HYLAND PARK PHASE 5 SUBDIVISION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT 1, SAID CORNER BEING ON THE SOUTH RIGHT OF WAY LINE OF ROCKCLIFF ROAD, THENCE ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT 46.00 FEET, SAID CURVE HAVING A RADIUS OF 187.26 FEET, A CHORD BEARING OF 881°54'44"E, AND A CHORD LENGTH OF 45.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT 21.31 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE S38°27'22"W 82.23 FEET; THENCE S32°34'14"E 40.43 FEET; THENCE 515058'07'E 63.18 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF SAID LOT I; THENCE ALONG SAID PROPERTY LINE N65°40'47"W 26.22 FEET; THENCE LEAVING SAID PROPERTY LINE N15°58'07"W .4331 FEET; THENCE N32°34'14"W 20.42 FEET TO A POINT ON THE WEST PROPERTY LINE OF SAID LOT 1; THENCE ALONG SAID WEST PROPERTY LINE N03°4836"W 44.09 FEET; THENCE LEAVING SAID WEST PROPERTY LINE N38°27'22"E 66.76 FEET TO THE POINT OF BEGINNING, CONTAINING 0.08 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of the drainage easement in the 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, right described drainage easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Datedthisdayof .Dir"Idiwc Name Signature FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: fz-1lc UTILITY COMPANY: (J2AiQys E1 JC APPLICANT NAME: 16Ky FEi$t6S APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): flit /3� Y // Utility Easement (QeA1s4A� t Q')C 21t5k6S e AO)-Cow� Right-of-way for alley or streets and all utility easements located within the vacated right- of- way_ Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement right-of-way), described as follows: General location I Address (referring to attached document- must be completed**) ** Col t r.1. aoctcuwF P0pot 1&`terIeyhci6, At -77101 (ATTACH legal description and graphic representation ofwhat is being vacated-SURVEI9 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.) I ky 15 ,'w -j — ,,U DZ,9-Ll'S 5cry,Ge 4-req No objections provided the following conditions are met: Signatiiff bf'Utdity Company Representative Lead t2C C Title February 2006 Feo CH(, -,N FPr Title SF FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: U UTILITY COMPANY: (tO X _Co n cwuo K S APPLICANT NAME: _Wit 1C FEPjSQ&S APPLICANT PHONE: t,')9 iL- (m4) REQUESTED VACATION (applicant must check all that apply): ,Y 1 -q / a �/ Utility Easement (QvZAWA(aE') Ki Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement right-of-way), described as follows: General location I Address (referring to attached document- must be completed**) ** 6CeCu�F Af� 1 twcrcVll_t.E4 A(L 12`7O1 (A 7TA CH legal description and graphic representation ofwhat is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 1� No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Feb,uary 2006 FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3j17(% UTILITY COMPANY: A� c 120 APPLICANT NAME: 11211 FFtstcs APPLICANT PHONE: L tQ2JL- REQUESTED VACATION (applicant must check all that apply): Si I -93 / utility Easement (Dt2AW Ac') Y(t'n ASS ('^ ss O AO k 'COi rn - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley - Street right-of-way I have been notified of the petition to vacate the following (alley, easement right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) ** c r 1. QaCtcucr; 2rw, SAtlr�vl LC1 AC -72-1O1 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility Company Representative P. /tl KC9-Ki February 2006 FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: () UTILITY COMPANY: APPLICANT NAME: V, ��$pS APPLICANT PHONE: Wjf-- REQUESTED VACATION (appr8 ant,,,urtcheckallrket ): 8-43a1 / Urility Easement (PtN .IAFaI KtIS A A$ Right -of --way for alley or streets aid all utility easements Iocakd within the vacated right- of- way. Smut Tight -of --way I have been notified of the petition to vacate the following (alley, eas ment right-0Fway), described as follows: General location I Address (referring to attached doarna:hn- must be conVtctcd*s) •• tsH NI. oc>!eucc 2o, c&'U\jIae, At `72101 (A 274 CMhegat description mid grophie repres+eaterrar oft a hdxg vacaed SURVEY) UTILITY COMPANY CONDAENTS: No objections to the vacation(s) descnbed above. No objections to the vacations) descr ,ed above, provided following described easements are 'rained. (State the location, dimeisions, aid purpose below.) -- No objections provided the following conditions arc met Signature of Utility Com/p�any Rcpreseniative /"+ - '€C l ≤ rb J" (%47u.. ,'44'a/tr Februa,2006 FOR RIGHT- OF- WAY, ALLEY, AND imr,rry WAF,EMENT VACATIONS a q DATE: _I O n UTILITY COMPANY: J LJJ V APPLICANT NAME: U 1?_1C PiScfS APPLICANT PHONE: LJDPJL ( � REQUESTED VACATION (app&eant must cheek off that apply): S`{ t _mot 32 / Utiii`, f�ty Easement p(IAlnlAfia�� Right -o -o way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street, right-of-way I have been notified of the petition to vacate the following (alley, easement right-of-rsay), described as follows: General location / Address (referring to attached document- must be completed**) *. t . i2o c� Cures L'SIptJ , terfEylu , At 121M (A IT4Clilegal deeer)>tioaand graphic representation ofwhat isbeing vacmed 911RVE19 UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described stove, provided following descnbed easements are retained. (State the location, dimensions, and purpose below.) XNo objections provided the following conditions are met: r,ao(ATnp.Or o 0Atfl M&t. `I U l_- t.. I THE Ot,0tCR OR 17tJGL.0PcXU S GlU'E\i cute of Uility Company Representative I (1CP A li)CCmin, February 2006 FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: / UTILITY COMPANY: APPLICANT NAME: i16121E fit SAC APPLICANT PHONE: j2jL- H-ig) REQUESTED VACATION (applicant must check all that apply): VUtility Easement C1�(LAln1ACi�� Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location I Address (referring to attached document- must be completed**) ** t aY 1 I.I. Coctcucc 2opo i f tTTtV ILLC4 AcL 1Z1©1. (A TTACHlegal description and graphic representation of what is being vacated- SURVEI) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature o'. February 2006 FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: l� UTILITY COMPANY: APPLICANT NAME: _ REQUESTED VACATTI _ _ Utility Easement C9YIAIn1 R(a6) Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Allley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location [Address (referring to attached document- must be completed**) ** Iq tJ l�oCl!Cuyf COei>1 vit1E, At2 -7nol (ATTACHlegal description and graphic representation of what is being vacated -SURVEY) U, TIILITY COMPANY COMMENTS: 6- No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Sigtmtuu &y(i ,iy Company Representative February 2006 09/18/2008 THU 16:37 FAX 479 444 3478 COF SOLID WASTE & RECYCL FR0M..IINQSEY`. ASSOCIATES ;: tTH1).-W 18:20:0' U001/001 ✓ST"1d 32%Mo"68255786:46'P 2.':'c FOR RIGHT- OR- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: . J o ' - UTILITY COMPANY; -I W . t ll, 1 APPLICANT NAME: _ ngg 1 e $gs APPLICANT PRONE: I,) )t- REQUESTED VACATION (applicant must check all that apply): 7' q ti j / �/ UtilityEEasement Cpt2A1r.1AtaE) 1C&\C ≥tiS(k-t )A:0i :Cuiv Right-of-way for alley or streets and all utility casements located within the vacated right- of -way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) ** C Q19 ,.j. Qslcuc Q�no , 1ktcnCvuc4 A-l'L.-77-1o) (A27AClllegal description and graphic representation of what b bang vacated-SURYEF) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. 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 are met: —n February 2006 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: Address I location of vacation: (49 hJ cx, ,L)FF Qi hL (sri / Adjacent property address: (,t4 j3. _ lKLLWc 'e.oA Lot: Block: a Subdivision: F] REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: U I have been notified of the requested vacation and decline to comment yI do not object to the vacation described above. U I do object to the requested vacation because: (printed) Owner Cpl "ltd lL +�� 47-9PJ=43 .I (.1R Applicant Name Febnwry 2006 �(cr iIiJU G,S� iU L'' Uc ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: ____ _ Address I location of vacation: Un ,J Ccc tC,t) FF Qci-p Lot S, Adjacent property address: L Got 6• 1iiOoOCuFr- £oiD Lot: [] Block: [] Subdivision: REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: LI I have been notified of the requested vacation and decline to comment xI do not object to the vacation described above. U I do object to the requested vacation because: �&� �C( a Name�jacent owity Owner (printed) Signa f djacen operty Q�C V_i t2'�v5&S Applicant Name Febnwry 2006 jguLc L DID ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGRT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 0% Address / location of vacation u19 IJ ��77e0Gr-aF ( D ( 4, gu cYJ Adjacent property address: ( Q�g � QCCZCL I D Lot: Q Block: M Subdivision: REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement right-of-way), described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: U I have been notified of the requested vacation and decline to comment I do not object to the vacation described above. U I do object to the requested vacation because: Applicant Name February 2006 PlkfQ►rV t. , 4- DtArW( 1' JC C ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF -WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: Address / location of vacation: 41 iJ , te't-I'FF O Ut i , gc-c0 Adjacent property address: 210-1 E -,r3 COD CI fZO. Lot: Q Block: 0 Subdivision: a REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: \U/ I have been notified of the requested vacation and decline to comment �Q I do not object to the vacation described above. U I do object to the requested vacation because: Al 1O-6�e Name Signature of Adjacent Property Owner 47q- X41-432! (lit! February 2006 Applicant Name ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: Address / location of vacation: U( IJ e6Cx. CA-) f l QED LoT '\ � " Adjacent property address: j V[ TECuyF `Ar Li r. Lot: a . Block: [j Subdivision: a REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: U // I have been notified of the requested vacation and decline to continent. JkT/I do not object to the vacation described above. U I do object to the requested vacation because: Februmy?006 McKEEHAN ENGINEERING, IN'C. 213 WEST MONROE, SUITE F LOWELL, ARKANSAS 72745 (479) 770-0121 FAX (479) 770-6207 August 27, 2008 Cindy Monreal City of Fayetteville 125 West Mountain Fayetteville, Arkansas 72701 RE: Drainage Easement Vacation Hyland Park Phase 5, Block 9, Lot 1 619 Rivercliff Road Fayetteville, Arkansas Dear Ms. Monreal: We respectfully submit the following Drainage Easement Vacation Request for the existing drainage easement located on Hyland Park Phase 5, Block 9, Lot 1. The outlet flow from the existing -flow from the crossing pipes across Rockcliff Road has created a washed out channel that deviates from the originally platted drainage easement on the west side of Lot 1. We will be submitting a Vacation Application for the existing drainage easement, and we will be dedicating a new drainage easement that will follow our proposed storm drain pipe. Please feel free to call me if you have any questions. Sincerely, Kevin Fox Copy: File, 08-014 Hyland Park Block 9, Lot 1 EXISTING DRAINAGE EASEMENT (TO BE VACATED) A PART OF LOT 1, BLOCK 9, HYLAND PARK PHASE 5 SUBDIVISION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT 1, SAID CORNER BEING ON THE SOUTH RIGHT OF WAY LINE OF ROCKCLIFF ROAD, THENCE ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT 46.00 FEET, SAID CURVE HAVING A RADIUS OF 187.26 FEET, A CHORD BEARING OF S81'54'44"E, AND A CHORD LENGTH OF 45,89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT 21.31 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE S38'27'22"W 82.23 FEET; THENCE S32'34'14"E 40.43 FEET; THENCE 515'58'07"E 63.18 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF SAID LOT 1; THENCE ALONG SAID PROPERTY LINE N65'40'47"W 26.22 FEET; THENCE LEAVING SAID PROPERTY LINE N15'58'07"W 43.31 FEET; THENCE N32'34'14"W 20,42 FEET TO A POINT ON THE WEST PROPERTY LINE OF SAID LOT 1; THENCE ALONG SAID WEST PROPERTY LINE N0348'36"W 44.09 FEET; THENCE LEAVING SAID WEST PROPERTY LINE N38'27'22"E 66.76 FEET TO THE POINT OF BEGINNING, CONTAINING 0.08 ACRES, MORE OR LESS. PROPOSED DRAINAGE EASEMENT (TO BE DEDICATED) A PART OF LOT 1, BLOCK 9, HYLAND PARK PHASE 5 SUBDIVISION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID LOT 1, SAID CORNER BEING ON THE SOUTH RIGHT OF WAY LINE OF ROCKCLIFF ROAD, THENCE ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE LEFT 17.12 FEET, SAID CURVE HAVING A RADIUS OF 187.26 FEET; TO THE TRUE POINT OF BEGINNING; THENCE 504'27'39"W 95.83 FEET; THENCE S44'31'04"W 39.22 FEET: THENCE 515'58'07"E 30.33 FEET TO THE SOUTH PROPERTY LINE OF SAID LOT 1; THENCE ALONG SAID PROPERTY LINE N65'40'47"W 26.22 FEET; THENCE LEAVING SAID PROPERTY LINE N15'58'07"W 19.29 FEET; THENCE N44'31'04"E 48.24 FEET; THENCE N0427'39"E 95.72 FEET TO THE SOUTH RIGHT OF WAY LINE OF ROCKCLIFF ROAD; THENCE ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT 15.93 FEET, SAID CURVE HAVING A RADIUS OF 187.26 FEET, TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE OR LESS. n_o U' 2 17.47 I.'— — N01'51'1 "E 2.54' 532'23'47"E 147.55' 765-06726-000 " DALE & SUZAN BUCHANAN 629 N. ROCKCLIFF ROAD / CURB 6 --- ZONING: RSE. AR, J2J01 / / / / �GU1t ER TONING: RSF-4 wv K20, LLC. f 1200AYC E. JOYCE . 72, 09 ZANING.'ILLE, AR. ]2707 09 ZONING.' RSF-a I ` ` � . cIN\ � - / L=150,17' _ — , I — ��G'.IYCL_IFI+410 i_ zs.r A=45'56'55" — / CLEN=146.18' / `V� L=100.56' TF / II BRG=N69'01'16"E R=' / D= 33O'460'46''07' / / / © i` C2 NE COR. C LEN=99,36' 57W O2 ` BRG=S72'37'13"E / LOT 16 / i s. w � BLOCK 1 / J I A9 G ' /// 202 G �Qr ��/�a t00 t� /— M1ool 5 / CONCIRErEC,. ems . ,1 ? v \ 0.11± ACRES UI 10 / Y < DRIVE O 002.2₹ S0. FT. / `p 0C/R" '/ <,' r '- PROPOSED I aO OI (;41a PQ,a ...., HOUSE I / �o '�•' 2 -STORY �' �1 m a,y / R HOUSE 100 ,( o Q 25.0' \ ORIGINAL y �'Y Iz Iy069 LOT 16, BLOCK 1 �5 �9 t�. \ 0.48₹ ACRES `� 9,�' r..Y \ \ 20,994:3₹ SO. Ff. • Ii ADJUSTED \ LOT 16, BLOCK 1 NI � \�?I, 0.42± ACRES -t� 18,418.3± SQ. FT, p ' / :WI STANLEY 6 NOGROHO ONGGOWIJAYA \ \ © 0 LS rv� 653 N, ROCKCLIFF ROAD N / © 5( FAYETTEV/LLE, AR. 72701 \ 65 ZONING; p51-4 \ \ \y 1p2BE CDR. 20.00. \ PI LOT 16 \\ / �yt\S5 Pp BLOCK 1 Ivss'4 �R OEgMj' /ADJ. LOT 16 LOT) BLOCK 9 /Y/ -N I / ] 2-26" RCP 26" RCP' / I I 2 I t /7/ JI dJ K I L3 ADJUSTED LINE I —NL 81.15' Ir \ \ / ft pa I / Pf � v yI � M I N ss83 N:639405.35' VAC08-3181 IELSASS/ 621 ROCKCLIFF One Mile View RSF-1 SUBJECT PROPERTY Overview Legend I 1. •1 Subject Property �..� VAC0B-3181 Boundary 0 0.25 0.5 m