HomeMy WebLinkAboutOrdinance 5525 D00 iiiiiii iiiii ii iiiii iiiii iiiiiiiiii iiiii i ilii
Kind: ORDINANCE
Recorded: 30/09/2012 at 03:07:27 PM
Fee Amt: $25.00 PaaA ! of 3
War
County. AR
Bette Stamps
00030553
ORDINANCE NO. 5525
AN ORDINANCE APPROVING VAC 12-4201 SUBMITTED BY CIVIL
DESIGN ENGINEERING FOR PROPERTY LOCATED WEST OF
MORNINGSIDE DRIVE (NANTUCKET PHASE IV) TO VACATE A
UTILITY EASEMENT, A TOTAL OF 0.24 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 utility 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 following described utility easement 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 following Condition of Approval
and shall not be in effect until the condition is met:
1. New easements to serve the Nantucket IV development shall be dedicated by easement
plat.
PASSED and APPROVED this 18a' day of September, 2012.
APPROVED: ATTEST:
By: By: IC,. .•�y
NELD J , Mayor SONDRA E. SMITH, City Clerk/Trejuuuk YETTEVitLE•�-
�� �kA71�9 •�
o
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EXHIBIT "
yy "A
GRAPHIC SCALE FAYETTENLLE SENIOR CITI fN
751 E. 6711 $7. SUITE T
N5 0 20 4D MOUNTM, "N,, AR 72653-1802
OEEO /8-YOI7Y6
ZONING: OG S0l'0103
0.01'
50T41'D'E
( IN FEET) . _------_ _S87'4i'37^e_ 355.27'_�-- -- 20.OX
1 INCH =40 FET
isj '8M P %g2
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NO,
Y k
II/// see`d3'S0'E N2.70' /
gn�j�/jf 5gI0555�4 j
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Bp'UTR.fTY BASEMENT B(IDK AND PAf.E23A.PALE k) /
PART OPTHR SDUTHEAST QUARTER ESFIMI OFTIIR NORTHW CST QUARTER(NW 174)OF5ELTION
12,TOWNSHO.16 NORTH,RANGE 3U WEST,CTI'Y OF FAYEI'IEVICLE.WA.SfISNGTON COUNTY.
-ARKANSAS,AND MING MORE PARTICULARLY ooSC'RIMLo A5:
'CON01ffNCiNGATTHENECOIANEROFT W;SE ,N
IlO DFTI;EW1/4OFSAIDSECTION22;Ti@NCE /
503.17.05"0`/123.55 FHF1'TO THE NORTHEAST PROPERTY CORNER OF LOT I AS FILED UNDER PLAT
-----�2012OW77192:THHNCE ALIINONORTH PROPF.RTYLINEOFLOT 1,N87°41'37"W 12637FEETTOTHE j! 6-
1 FOINI OF BEG INNw
1 THENCETHEFOLLOWING BEARING AND DISTMCES:W'0000'W 63.33 FEET;THENCE S84'43'55"W
233.80 FEEF;TNENCE N022921"E20.18 FEEP,THENCE N84'43'55"621283FEET:TNENCE N00°00'W"E i 0.
4189TO A POINTONTHE NORTH PROPERTY LINEOF LOT L THENCE ALONG TFIE NORTH /lo
PROPERTY LENE S87°41'77"E 20.02 FEETTO TID3 POINT OF BEGMWQ,AND CONTAINING 0.13 j N
O,ACRES,OR5,558 SQUARE FEET MORE OR LESS.
•11
NI 10'iMLOY EASOfflff ROO%AND PAGE1016 PALE 720
�I PART OFTHESOUTREAST QUARTER(SE1M)OFTHE NORTHWESTQUARTER(NW114)OPSECTION j
0 22,TOWNSHIP I6NORTT.RANOE30WEST,CITY OFFAYETTEVILLE.WASHINGTON COUNTY. /
ARKANSAS,AND BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NE CORNER OF THE SELA OF THE NW 1/4 OF SAID SECTION 22:THENCE /
� S03°17'05"W 123.55 FEET TO THE NORTHEAST PROPERTY CORNER OF LOT I AS FEED UNDER PLAT
201200017192;THENCE ALONG NORTH PROPERTY LINE OF LAT i.N87-41-37"W 135.00 FEET TO THE j
FOMOFBEGWNMG: /
III THENCETHE FOLLOWING BEARING AND DISTANCES:S05°17'5WW 27025 FEET;THENCE
I N84"5210"W 10MFETT;THENCE NOS'OT50"E 2N"FEET;THENCE N8B'53'55"W 207.32 FEET; /
1 THFNCEN02'2921"E 10.00 FEET;S88M-55"6207.78 FEET;N09 05"'W'E55. FEHT:THENCE
W /
S87'41'37'W 10.01 FEETTO THE POINT OF BEGINNING AND CONTAING 0.11 ACRES,OR 4,776 /
-700 SQUARE FEET MORE OR LESS, /
nCN mus
T. suiTE 2
IR 72653- LEGEND
i-327621 1ro,..P,,,w•vn.+..0w+.a
OG -- WSU G -- PROPOSED N0F5T10'R
0.0V
PROPERTY LINE
NEASEMENT LINE
1
I
°'o;.... O CIVIL DESIGN ENGINEERS, INC.
TS�sryti ..P^°P" ••. `p 4285 N.SHILOH SUITE 110
e �R •`'� •�, r - CDE FAYETTEVILLE,E,AR AR 72703 �
t'`CML DESIGN-'y�
� ENLENEERs, PHONE : (479) 856-6111
INC. g N0. DATE REVISION INIT http://WWW.civilde.com
",,q_'•y,/16421�Cb�,: SHEET: DRAWN SY: CHECKED BY:
'.YY,``cc'44._ ,IS""'4 PCC,"-.• NANTUCKET PHASE 4 FERDIFOURIE I FEROIFOURIe
EXHIBIT-EASEMENT VACATION °wB` I021EASEmENLowc
O
FAYETTEVILLE AR Bpi^sw' AUGUST 1,2012
EXHIBIT "B"
VAC 12-4201
20' UTILITY EASEMENT BOOK AND PAGE: 23A, PAGE 69
PART OF THE SOUTHEAST QUARTER(SE1/4) OF THE NORTHWEST QUARTER
(NW 1/4) OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,AND BEING MORE
PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NE CORNER OF THE SEI/4 OF THE NWl/4 OF SAID SECTION
22; THENCE S03°17'05"W 123.55 FEET TO THE NORTHEAST PROPERTY CORNER OF
LOT 1 AS FILED UNDER PLAT 2012-00017192; THENCE ALONG NORTH PROPERTY
LINE OF LOT 1, N87°41'37"W 126.37 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING BEARING AND DISTANCES: S00°00'00"W 63.33 FEET;
THENCE S84043'55"W 233.80 FEET; THENCE NO2°29'21"E 20.18 FEET; THENCE
N84043'55"E 212.83 FEET; THENCE N00°00'00"E 45.89 TO A POINT ON THE NORTH
PROPERTY LINE OF LOT 1. THENCE ALONG THE NORTH PROPERTY LINE
S87041'37"E 20.02 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.13
ACRES, OR 5,558 SQUARE FEET MORE OR LESS.
10' UTILITY EASEMENT BOOK AND PAGE: 1016, PAGE 728
PART OF THE SOUTHEAST QUARTER(SE1/4) OF THE NORTHWEST QUARTER
(NWl/4) OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NE CORNER OF THE SEI/4 OF THE NW 1/4 OF SAID SECTION
22; THENCE S03°17'05"W 123.55 FEET TO THE NORTHEAST PROPERTY CORNER OF
LOT 1 AS FILED UNDER PLAT 2012-00017192; THENCE ALONG NORTH PROPERTY
LINE OF LOT 1,N87°41'37"W 135.00 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING BEARING AND DISTANCES: S05°07'50"W 270.25 FEET;
THENCE N84052'10"W 10.00 FEET; THENCE N05°07'50"E 204.64 FEET; THENCE
N88053'55"W 207.32 FEET; THENCE NO2°29'21"E 10.00 FEET; S88°53'55"E 207.78 FEET;
N05007'50"E 55.09 FEET; THENCE S87°41'37"W 10.01 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.11 ACRES, OR 4,776 SQUARE FEET MORE OR LESS.
Washington County,AR
I certify this instrument was filed on
10/09/2012 03:07:27 PM
and recorded in Real Estate
File Number 2012-00030553
Bette Stamps-Ci it Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/18/2012
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
VAC 12-4201: Vacation (NANTUCKET PHASE IV, 563): Submitted by CIVIL DESIGN ENGINEERING for property
located WEST OF MORNINGSIDE DRIVE. The property is zoned DG, DOWNTOWN GENERAL. The request is to
vacate a utility easement.
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
Jx f 11C*G• _V-'MIL Previous Ordinance or Resolution#
Department Di ctor Dale
Original Contract Date:
✓�'�� 6 30 ��JIZ Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City
Clerk's Office ,
C "efo taff -� Date
�lITFl1/C(;
r Received in
Mayor's Office
yor Date
Comments:
Revised January 15, 2009
Tav
e ml�le THE CITY OF FAYETTEVILLE,ARKANSAS
1 DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Gamer, Senior Planner
Date: August 29, 2012
Subject: VAC 12-4201 (Nantucket IV)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate portions of a utility
easements.
BACKGROUND
The subject property contains approximately 3.76 acres on the west side of Morningside Drive and north of
Chesapeake Way, adjacent to the existing Nantucket Phases I-III project which is a senior living development.
On April 12, 2012 the Fayetteville Subdivision Committee approved the Large Scale Development for
Nantucket Phase 4 (LSD 12-4009) for 47 new multi-family dwellings on the subject property. The applicant's
request is to vacate approximately 0.24 acres of utility easement located in the northern portion of the site in the
location of the new proposed development.
DISCUSSION
On August 27, 2012, the Planning Commission forwarded this item to the City Council with a recommendation
of approval with a vote of 8-0-0.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 12-4201 SUBMITTED
BY CIVIL DESIGN ENGINEERING FOR PROPERTY
LOCATED WEST OF MORNINGSIDE DRIVE (NANTUCKET
PHASE IV) TO VACATE A UTILITY EASEMENT, A TOTAL
OF 0.24 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 utility 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 following described utility easement 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 following Condition of Approval
and shall not be in effect until the condition is met:
1. New easements to serve the Nantucket IV development shall be dedicated by easement
plat.
PASSED and APPROVED this day of 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
GRAPHIC SCALE FAYETTF✓ILL£S NAU IORI CIAY.EIJ 110
351 E. 4TH ST, SUITE I
40 0 20 40 MOUNTAM HOME, AR 72653-3802
OEEO J98-101716
ZONING. OC s0rrspY,
IO.a1
Sera'3%'C
( IN FEET) . ---�-.—_-�-- -sE7•n i'a]'g ass.xi_�--�-- zapr
1 INCH =40 FEAT
ill /
w �
"s /$n
1 Sry
1 21xa5
Nfl�'4T5ti S
-� IyI 21T LT1113�Y E�j�4J�M,[gOUk A`E PACE.`13A PAGE 6J j
y P17T OF SQI PANTHEIST ANGU F�(EE . UI�TIII:N YL YIL E.WASEI.uT N OPEC. j
2x,TOWN4EIP Ifi NORTiI.RANGE 30 WE]Y.CHY OF PoIYEFTEVILLE.WASHINGTAY COt/N'i'Y. /
,.�- -I AAKANBht,AND BEING MORE PART[CL'LArc1.Y OBSCRIBFD As. /
i
I ClM1Mf:NCLNG ATT31E NE E'OR.N F31 Op TlII:SPIN Gr'il[E NWIm VI's.3]D SE(T]Uv 22:TIRNCC
903-JTUS'W123.S3=TO TiI[NpRTNFAAT PROPERTY CORNER OF LOT I AS FILED UNDER PLAT j
--�--�2D120(tlPl$:THEN'CEµDNC NORIA PROTEA I'4,LINEUFLOT LN91VJ9TW 12fiJ2 FEETTVTIIE /^
POINT OF 0ECi1NNINU.
I THF.NCF.TNE FOI.I.OWING RFANNO NYD[1LSfANCf5:511n'OVIT3"W 63 33}F£Ii THENCE S84'43'3J"W
213.80 MET,THSNCENilr29'21"E W.19 FEJT-THENCE N84'43'5 YE 212_X)FFFT.THI!NC E NDq' r j�
J5.A9 TOAI'0lNI'DN Tiff P'ORItf PROPERTY I.INROF I.OT1 iNENCE ALONG TIM NORTH /p
PROPERTY LINE S82.4I]Y"E 20.02 FET;TYU tFIL Pp[NT OF BFJiINNENG,AND CUYTAINING U 11
�1 ACMS.OR 5.W.i')UARE Ft MORE ON LESB. /
a /
=� 10'lRB-ffY EASGNENI BOOK AND PAGE:I0I6.PAGE728 j
N
O1
TVI PART OF THE SOfJTHEAST QIfARTER(SF.i/4)OFTHE NORTHWESI'QUARTER(MVI/4)OF5[CTION /
G MORE
ED
ZI
COMMENCINGKAT TTHE NF.CORNFR C!TTIIC/PARTICULARLY
16 NORTH.RANGE 30WEYT,CITY OF FTIM-NW 11/4 OF SABJ SECTION 22;THENCE
�S03-17'05"W 123.55 FEEL TO THE NORTHEAS r PROFER'TY CORNER OF LUT I AS FILED UNDER PLA I' j
W 120017192;TF/ENCE ALONG NORTH PROPERTY LINE OF LOT I,NST'41'37'W 135 NO FEET TO THE j
POINT OF MGINNING; /
THENCETHE FOLLOW PIG BEARING AND DIS'CANCES:SW07'5Y'W 270 25 FEEC IHFNCE
N94-52T 0"W IO.O FEHI:THENCE NO-07 50"E 2W.64 FRIT;'I HENCE NNS°53'55"W 207.32 FFFT: /
THENCE NO2�921"E 10,0 FEET.SRS-53'55"E 207,]8 FYEI:N05-YI'5V E 5109 FEF I:'IHENCH /
o* $W4137 W 10 01 FEET TO THE POCK OF BEGINNING AND CON PAINING 0.11 ACRES,OR 4,776
CLH TAUS SQUARE FEET MORE OR LESS, /
ACS
T. SUITE 2 LEGEND
i- 2782 1
1-32782 1
I -- oosn c -- -- PROPOSED H8 e2'10'k
0.ap'
PROPERTY UNE
EASEMENTUNE
I
I
oF.... /�, CIVIL DESIGN ENGINEERS, INC.
"„jilijlj'� ,/'/ CDE 9285N. DRIVE SURE 110
r : FAYET7EVETTENI ILL AR 8703
ff CPJIL DESIGN -!
ENGMEERs oo PHONE : (479)856-6111
INC. Y i N0. DATE REVIs10N INR http:l/WWW.rivilde.com
, d1&i2 _ sHF,ET: DRAWN IR: CHEC6ED EY:
1, ti NANTUCKET PHASE 4 EaDi r%WE FEROI",%2
a5��..1Ec�,,..
....... EXHIBIT-EASEMENT VACATION Dv2Q: 1021ErsEmENr.Dwc
FAYETTEVILLE AR SCALE:V-0 DATE:
1,2012
EXHIBIT "B"
VAC 12-4201
20' UTILITY EASEMENT BOOK AND PAGE: 23A, PAGE 69
PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHWEST QUARTER
(NWI/4) OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NE CORNER OF THE SETA OF THE NWI/4 OF SAID SECTION
22; THENCE S03°17'05"W 123.55 FEET TO THE NORTHEAST PROPERTY CORNER OF
LOT I AS FILED UNDER PLAT 2012-00017192; THENCE ALONG NORTH PROPERTY
LINE OF LOT 1,N87041'37"W 126.37 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING BEARING AND DISTANCES: S00°00'00"W 63.33 FEET;
THENCE S84043'55"W 233.80 FEET; THENCE NO2029'21"E 20.18 FEET; THENCE
N84043'55"E 212.83 FEET; THENCE N00°00'00"E 45.89 TO A POINT ON THE NORTH
PROPERTY LINE OF LOT 1. THENCE ALONG THE NORTH PROPERTY LINE
S87041'37"E 20.02 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.13
ACRES, OR 5,558 SQUARE FEET MORE OR LESS.
10' UTILITY EASEMENT BOOK AND PAGE: 1016 PAGE 728
PART OF THE SOUTHEAST QUARTER(SEI/4) OF THE NORTHWEST QUARTER
(NWI/4) OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NE CORNER OF THE SEI/4 OF THE NWIA OF SAID SECTION
22; THENCE S03017'05"W 123.55 FEET TO THE NORTHEAST PROPERTY CORNER OF
LOT 1 AS FILED UNDER PLAT 2012-00017192; THENCE ALONG NORTH PROPERTY
LINE OF LOT 1,N87°41'37"W 135.00 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING BEARING AND DISTANCES: S05°07'50"W 270.25 FEET;
THENCE N84052'10"W 10.00 FEET; THENCE N05°07'50"E 204.64 FEET; THENCE
N88053'55"W 207.32 FEET; THENCE NO2°29'21"E 10.00 FEET; S88°53'55"E 207.78 FEET;
N05007'50"E 55.09 FEET; THENCE S87°41'37"W 10.01 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.11 ACRES, OR 4,776 SQUARE FEET MORE OR LESS.
•
aye evele PC Meeting of August 27, 2012
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: Au, , Updated August 28, 2012
12-4201: Vacation (NANTUCKET PH. IV, 563): Submitted by CIVIL DESIGN
ENGINEERING for property located WEST OF MORNINGSIDE DRIVE. The property
is zoned DG, DOWNTOWN GENERAL and contains approximately 3.76 acres. The
request is to vacate a utility easement. Planner: Andrew Garner
Findings:
Property: The subject property contains approximately 3.76 acres on the west side of
Morningside Drive and north of Chesapeake Way, adjacent to the existing Nantucket
Phases I-III project which is a senior living development. Surrounding land use and
zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North, South, West Nantucket Senior Living Complex DG, Downtown
General
East Undeveloped pasture RSF-4
Background: On April 12, 2012 the Fayetteville Subdivision Committee approved the
Large Scale Development for Nantucket Phase 4 (LSD 12-4009) for 47 new multi-family
dwellings on the subject property.
Request: The applicant's request is to vacate approximately 0.24 acres of water and
sewer easement and general utility easement located in the northern portion of the site in
the location of the new proposed development.
Easement Vacation Approval: The applicant has submitted the required sewer easement
notification forms to the City Utilities Department with no objections. At the time of
publication of this report the applicant has not submitted responses from the other utility
companies that have a right to the general utility easement.
GAETCOevelopment Services Review\20 t2\Development Review\I2-4201 VAC Nantucket PH N\03 Planning Conunission\08-27-
12 PC forwarded\Cot unents and Redlines
UTILITIES RESPONSE
Ozarks Electric Not provided
Cox Communications Not provided
Southwestern Electric Power Company Not provided
Arkansas Western Gas Not provided
AT&T Not provided
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 12-4201 to the City Council with
a recommendation for approval subject to the following conditions:
1. The applicant shall provide all of the utility approval forms prior to staff
submitting the City Council agenda request.
2. New easements to serve the Nantucket IV development shall be dedicated by
easement plat prior to issuance of a building permit.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: August 27 2012
Motion: Cook
Second: Cabe
Vote: 8-0-0
Notes: On consent agenda
GAFTC\Development services Review\2012\Development Review\12-4201 VAC Nantucket PH M03 Planning Commission\08-27-
12 PC forwarded\Comments and Redlines
CO,L CIVIL DESIGN ENGINEERS, INC.
723.N. Lollar Lane, Fa,etleville. AN 72701 Phone. (479050-6111 Nn f OVA56-611?
August 1. 2012
City of Fayetteville Planning Commission
125 W.Mountain Street
Fayetteville,AR 72701
Phone(479)575-8267
Fax(479)575-8202
Re: Request to Vacate Existing Easement
Nantucket Senior Citizen Residential Homes—Phase 4
Fayetteville,AR
CDE Project No. 1036
Dear Planning Commission,
A request is hereby made to vacate an existing water and sewer easement at 1201 S. Morningside Drive, where the
approved large Scale Development for the Nantucket Phase 4 Senior Citizen Residential Homes is proposed.
A part of the existing sewer line will be demolished as part of this project,and new easements will be recorded for
the proposed public sewer line and other utilities under a new easement plat.
Please let me know if you have any questions.
Sincerely.
Ferdi Fourie,P.E.
Project Engineer
FF/FF
•
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„ 56/4, NWv4,
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RIUTEI p7' EASEMENT BOOK AND PAGE: 23n PAGE NJ
PART OF l'HE SOUT1i5A,Sf QUARTER ISEI/41 OF THE NORTHWEST QUAEIER 424W114) 114) OF SECTION
22, TOWT'SHIP 16 NORTH, RANGC 30 W E$T, CRY OF FAYEFILV ILLS, WASHINGTON COUNTY,
- ARKANSAS. AND BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT TILE NE CORNER OF'THE SF.IN OFTHIE N W 114 OF SAID SECTION 31'. TIIFNCE
SO3" I TOS"W 121.55 FEET TO THE NORTHEAST PROPERTY CORNER OF LOT I AS FILED UNDER PLAT
1012-C14i 71S:7}INCE ALONG NORTH PROPERTY LINE OF LOT I. NBT°il'33"W 12637 FEETTOTI1I:
POi NT OF BEGINNING,
THENCETNE FOLLOWING BEARING AND DISTANCES:5W"WW'W 63.33 FFET:THENCE584".455"W
33.80 FEET; TRENCHNO2'2921"E20,18 FEET• TFIENCENR4°43'35'E 212.83 FEET: THENCENEEOOtCE
45.69 TO A POINT ON THE NORTH PROPERTY LINE OF LOT 1. THENCE ALONG THE NORTH
PROPERTY LINE 5R7°4137'E 21(12 FEET TO THE POLYP OF BEGINNING. AND CONTAIN ING Al l
C1l ACRES. OR5.58SQUARE FEET' MORE ORI.E$$-
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p'fgs�IlwEtic41' °.
II)' UTILITY EASEMENT BOOK AND PAGE: 1016, PAGE 72R
N
TI
NI PART OF THE 16 NORTH, QUARTER (SET470ETH FAYETTWESTQUARTER(NWT/QOUNTY. ON
0 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF CRIBEDEVp.LE, WASHINGTON COUNTY,
' ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING ATTHENE CORNER OFTHESEI/4OFTHENW1/4OF SAID SECTION 22;THENCE
S03"1705W 123 55 FEET TO THE NORTHEAST PROPERTY CORNER OF LOT 1 AS FILED UNDER PLAT
2012-00017192: THENCE ALONG NORTH PROPERTY LINE OF LOT I, N87 -4137"W 135,00 FEET TO THE
POINT OF BEGINNING;
THENCE THE FOLLOWING BEARING AND DISTANCES: SOS°07'50'W 270.25 FEET; THENCE
N84°52'IO"W 1000 FEET; THENCE N05°OT50"E 204.64 FEET; THENCE N88°53'55"W 201732 FEET;
THENCE NO2'2921 "E 100) FEET. S88"53'55"E 207.78 FEET; NOS°07'SO'E 55.09 FEET; THENCE
58741'37'W 1001 FEEI'TO THE POINT OF BEGINNING AND CONTAINING 011 ACRES. OR 4,776
SQUARE FEET MORE OR LESS
LEGEND
EIUSRNG
PROPERTY LINE
------- EASEMENT LINE ---
SHEET:
EXHIBIT - EASEMENT VACATION
CIVIL DESIGN ENGINEERS, INC.
CDE 4285 A EITEVI DRIVE SUITE 110
FN. SHILOH D, AR 72103
SUM
PHONE : (479) 856-6111
http;//www.civilde.com
DRAWN BY: ICIECIcED SY:
NANTUCKET PHASE 4 FERDI FOURIE I FERDI FOURIE
SCALE: DATE:
1"=40' AUGEST
PETITION TO VACATE AN EASEMENT LOCATED AT 1149 and 1201 S. MORNINGSIDE DRIVE, CITY OF
FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be
abandoned and vacated, lying in 1149 and 1201 S. Morningside Drive, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
20' UTILITY EASEMENT BOOK AND PAGE: 23A. PAGE 69
PART OF TIM SOUTHEAST QUARTER (SEI/4) OF THE NORTHWEST QUARTER (NW1/4) 1/4) OF SECTION
22, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NE CORNER OF THE SE1/4 OF THE NW 1/4 OF SAID SECTION 22; THENCE
S03°17'05"W 123.55 FEET TO THE NORTHEAST PROPERTY CORNER OF LOT 1 AS FILED UNDER PLAT
2012-00017192; THENCE ALONG NORTH PROPERTY LINE OF LOT 1, N87°41'37"W 126.37 FEET TO THE
POINT OF BEGINNING;
THENCE THE FOLLOWING BEARING AND DISTANCES: S00°00'00"W 63.33 FEET; THENCE S84°43'55"W
233.80 FEET; THENCE NO2°29'21 "E 20.18 FEET; THENCE N84°43'55"E 212.83 FEET; THENCE N00°00'00"E
45.89 TO A POINT ON THE NORTH PROPERTY LINE OF LOT 1. THENCE ALONG THE NORTH
PROPERTY LINE S87°41'3TB 20.02 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.13
ACRES, OR 5,558 SQUARE FEET MORE OR LESS,
10' UTILITY EASEMENT BOOK AND PAGE: 1016. PAGE 728
PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION
22, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NE CORNER OF THE SEl/4 OF THE NW 1/4 OF SAID SECTION 22; THENCE
S03° 17'0S"W 123.55 FEET TO THE NORTHEAST PROPERTY CORNER OF LOT I AS FILED UNDER PLAT
2012-00017192; THENCE ALONG NORTH PROPERTY LINE OF LOT 1, N87°41'37"W 135.00 FEET TO THE
POINT OF BEGINNING;
THENCE THE FOLLOWING BEARING AND DISTANCES: S05°07'50"W 270.25 FEET; THENCE
N84°52'10"W 10.00 FEET; THENCE N05°07'50"E 204.64 FEET; THENCE N88°5355"W 207.32 FEET;
THENCE NO2°29'21"E 10.00 FEET; S88°53'55"E 207.78 FEET; N05°07'50"E 55.09 FEET; THENCE
S87°4137"W 10.01 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.11 ACRES, OR 4,776
SQUARE FEET MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are at 1149 and 1201 S. Morningside Drive
City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not
be adversely affected by the abandonment of the portion of the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject, however, to the existing utility easements and sewer easements as required, and that the above described
real estate be used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners as
provided bylaw.
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
tide 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.
Dated this 10 day of August. 2012.
Thnmau r Rnhnnh
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10 August, 2012
UTILITY COMPANY: City Water and Sewer
Civil Design Engineers, Inc. 479-856-6111
APPLICANT NAME: _ APPLICANT PHONE:
REQUESTED VACATION (applicant must check all that apply): _
c Utility Easement
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**)
**1149 and 1201 S. Morningside Drive, Fayetteville, AR
(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 npany Representative
r C/'
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10 August, 2012
UTILITY COMPANY: Cox Communications
APPLICANT NAME: Civil Design Engineers, Inc.
REQUESTED VACATION (applicant must check all that apply):
479-856-6111
APPLICANT PHONE:
Uti]iTy Easement
— 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")
„1149 and 1201 S. Morningside Drive, Fayetteville, AR
(A TTACH 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:
Any damage to or relocation of existing facilities will be at
Owner/developers expense.
Signature of Utility Company Rcpfesentative
Construction Planner 5I
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10 August, 2012
UTILITY COMPANY: Ozarks Electric
APPLICANT NAME: Civil Design Engineers, Inc. APPLICANT PHONE: 479-856-6111
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
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**)
**1149 and 1201 S. Morningside Drive, Fayetteville, AR
(ATTACH legal description and graphic representation of what is being vacated-SUR VEY)
UTILITY COMPANY COMMENTS:
,X 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:
Sig atu of Utilit Company Representative
Lead Staking Tech
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10 August, 2012
UTILITY COMPANY: City Solid Waste
APPLICANT NAME: Civil Design Engineers, Inc. APPLICANT PHONE: 479-656-6111
REQUESTED VACATION (applicant must check g(( that apply):
Iitility Easement
— 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*«)
•,,1149 and 1201 S. Momingside Drive, Fayetteville, AR
(A 77A CH legal description pnpjgraphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
CiN 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 Compan Representative
Title
July 2009
Page S
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10 August, 2012
UTILITY COMPANY: Sourcegas
APPLICANT NAME: Civil Design Engineers, Inc. APPLICANT PHONE: 479-856-6111
REQUESTED VACATION (applicant must check all that apply):
- Utility F.ascnxnt
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-wav), described as follows:
General location I Address (referring to attached document- must be completed**)
**1149 and 1201 S. Morningside Drive, Fayetteville, AR
(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 casements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions arc met:
SigniBnr of Utility Company Rcpresemnlive
�c .tk
Juhk 2009
Page 5
NORTHWEST ARKANSAS DEMOCRAPGAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NWSPAPEI&C THE MORNING NEWS OF ROGERS
NORTHWEST ARKANSASBENTON RECORD
212 NORTH EAST AVENUE, FAYEITEV U -E. ARKANSAs 72701 I 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 5525
Was inserted in the Regular Editions on:
September 27, 2012
Publication Charges: $ 84.30
Karen Caler
Subscribed and sworn to before me
This A day of , 2012.
Notary Public
My Commission Expires: 042DI?_o 1 4
t CATHY J. WILES
Benton County
My Commission Expires
February 20, 2014
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
OCT 032012
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE