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HomeMy WebLinkAboutOrdinance 5705Doc ID: 015890910003 Type: REL Kind: ORDINANCE Recorded: 09/10/2014 at 09:52:18 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Cl rcuit Clerk File2014-00023264 ORDINANCE NO. 5705 AN ORDINANCE APPROVING VAC 14-4776 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT 3535 NORTH COLLEGE AVENUE TO VACATE AN EXISTING UTILITY EASEMENT, A TOTAL OF 6,300 SQUARE FEET. 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 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 utility easement described in Exhibit `B" attached hereto and made a part thereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following conditions of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. 2. The vacation shall not be effective unless and until the gas line is relocated and a new easement is dedicated. PASSED and APPROVED this 20' day of August, 2014. APPROVED: cv:Fnyi.T1;V�IlE: _ ATTEST: By: E. SONDRA E. SMITH, City Clerk/Treasurer VAC 14-4776 Close Up View EXHIBIT 'A' SJ COLLINS r f C4 �• i =n ------iGNGVIEW:ST—__. Legend KENRAY ST •. P ul !,-Use Trail (Existing) N -ut re Trails ay ''RFayetteville City Limits VAC14-4776 Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay Ditrict 0 75 150 - - Planning Area 300 SUBJECT PROPERTY WASSNIC DR 450 600 Feet EXHIBIT 'B' 14-4776 LEGAL DESCRIPTION: EASEMENT TO BE VACATED PART OF THE SW 1/4 OF THE SEI/4 OF SECTION 26, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SW 1/4, SETA THENCE S02056'1 9"W 166.40 FEET, THENCE N87°05'21 "W 64.23 FEET TO THE P.O.B., THENCE N87005'21 "W 133.08 FEET, THENCE N88°30'31 "W 334.38 FEET, THENCE N01 020'33"E 25.00, THENCE S88°30'31 "E 334.75 FEET, THENCE S87°05'21 "E 133.36 FEET, THENCE S02-5I'04"W 25.00 FEET TO THE P.O.B.; CONTAINING 0.145 ACRES (6,316.98 S.F.) MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Washington County, AR I certify this instrument was filed on 09/10/2014 09:52:18 AM and recorded in Real Estate File Number 2014.00023284 Kyle Sylvester- rculi Clerk by City of Fayetteville Staff Review Form 2014-0354 Legistar File ID 8/19/2014 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Jesse Fulcher 7/29/2014 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 14-4776: Vacation (3535 N. COLLEGE AVE./SJ COLLINS, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 3535 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.60 acres. The request is to vacate an existing 25' utility easement. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Previous Ordinance or Resolution d Original Contract Number: Comments: rrnn 11 Jf—� k_po., a c/.�., a -I IY Fund Project Title O Approval Date: I -'z-) d CITY OF ay evi le ARKANSAS MEETING OF AUGUST 19, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner DATE: June 25, 2014 SUBJECT: VAC 14-4776: Vacation (3535 N. COLLEGE AVE./SJ COLLINS, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 3535 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.60 acres. The request is to vacate an existing 25' utility easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate existing utility easement. BACKGROUND: The property is located at 3535 N. College Avenue, is zoned C-2, Thoroughfare Commercial and contains approximately 6.60 acres. The Planning Commission approved a large scale development on the property on May 12, 2013 and the existing car dealership on.the property has recently been demolished. The applicant is requesting approval to vacate an existing utility easement on the south side of the property that conflicts with one of the proposed new buildings. There is an existing gas line within the easement that will be relocated by the developer at the time of construction. DISCUSSION: On July 28, 2014 the Planning Commission forwarded this item to the City Council with a recommendation for approval. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4776 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT 3535 NORTH COLLEGE AVENUE TO VACATE AN EXISTING UTILITY EASEMENT, A TOTAL OF 6,300 SQUARE FEET. 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 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 utility easement described in Exhibit `B" attached hereto and made a part thereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following conditions of approval 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. 2. The vacation shall not be effective unless and until the gas line is relocated and a new easement is dedicated. PASSED and APPROVED this APPROVED: By: LIONELD JORDAN, Mayor day of 2014. ATTEST: in SONDRA E. SMITH, City Clerk/Treasurer VAC 14-4776 Close Up View V1 EXHIBIT W SJ COLLINS I r i J. i. �rI tr SUBJECT PROPERTY I,- INA96NIC DR _ j. ., i �� RSF4 -� - -- -__-==—LONGVIEW_ST--- Legend KENRAY ST KA.d*' Use Trail (Existing) re Trails �v-ervirvFayetteville City Li its VAC14-4776 Footprints 2010 _ Hillside -Hilltop Overlay District Design Overlay Di trict 0 75 150 ------ Planning Area 300 450 600 Feet EXHIBIT 'B' 14-4776 LEGAL DESCRIPTION: EASEMENT TO BE VACATED PART OF THE SWU4 OF THE SETA OF SECTION 26, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID S W U4, SEl A THENCE S02056'19"W 166.40 FEET, THENCE N87°05'21"W 64.23 FEET TO THE P.O.B., THENCE N87°05'21 "W 133.08 FEET, THENCE N88°30'31 "W 334.38 FEET, THENCE N01020'33"E 25.00, THENCE S88°30'31 "E 334.75 FEET, THENCE S87°05'21 "E 133.36 FEET, THENCE S02-5 1'04"W 25.00 FEET TO THE P.O.B.; CONTAINING 0.145 ACRES (6,316.98 S.F.) MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. CITY OF ay evi le ARKANSAS TO: FROM: THRU: MEETING DATE: PLANNING COMMISSION MEMO Fayetteville Planning Commission Jesse Fulcher, Senior Planner Andrew Garner, City Planning Director 'uly 28, 2944 Updated July 30, 2014 SUBJECT: VAC 14-4776: Vacation (3535 N. COLLEGE AVE./SJ COLLINS, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 3535 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.60 acres. The request is to vacate an existing 25' utility easement. RECOMMENDATION: Staff recommends forwarding VAC 14-4776 to the City Council with a recommendation for approval. BACKGROUND: The property is located at 3535 N. College Avenue, is zoned C-2, Thoroughfare Commercial and contains approximately 6.60 acres. The Planning Commission approved a large scale development on the property on May 12, 2013 and the existing car dealership on the property has recently been demolished. Table t Surrounding Land Use/Zonlnq Direction from Site Land Use Zoning North Office C-2, Thoroughfare Commercial South Lewis car dealership C-2, Thoroughfare Commercial East Commercial C-2, Thorou hfare Commercial West Undeveloped; office C-2, Thoroughfare Commercial Proposal: The applicant is requesting approval to vacate an existing utility easement on the south side of the property that conflicts with one of the proposed new buildings. There is an existing gas line within the easement that will be relocated by the developer at the time of construction. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections, provided that the existing gas line is relocated and a new easement is dedicated. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 UTILITIES Cox Communications AEP/SWEPCO Ozarks Electric Source Gas UN11 CITY OF FAYETTEVILLE: Water/Sewer Transportation Recycling and Trash Collection Public Comment: No public comment has been received. RESPONSE No objections with conditions No objections with conditions No objections with conditions The existing gas line must be relocated and a new easement dedicated. No objections with conditions RESPONSE No objections No objections No objections Recommendation: Staff recommends forwarding VAC 14-4776 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities shall be at the owner/developer's expense. 2. The existing gas line shall be relocated and a new easement shall be dedicated over the new line. 3. Prior to being placed on the City Council agenda the applicant shall provide utility approval forms signed by Source Gas, AT&T and City Transportation. PLANNING COMMISSION ACTION: Required Date: July 28, 2014 O Tabled 4 Forwarded O Denied Motion: Winston Second: Cook Vote: 9-0-0 CITY COUNCIL ACTION: Required Date: O Approved O Denied G:\ETC\Development Services Review\2014\Development Review\ 14-4776 VAC (SJ Collins)\3 Planning Commission\ 07-28-2014\Comments and Redlines BUDGET/STAFF IMPACT: None Attachments: Request Letter Petition to Vacate Utility Approvals Easement Vacation Exhibit One Mile Map Close Up Map GAETC\Development Services Review\20140evelopment Review\ 14-4776 VAC (SJ Collins)\3 Planning Commission\ 07-28-2014\Comments and Redlines � I '! 7 � i � }� 1 qy, 1 v♦ , '�ij�� r _A �j � 7 '} - g1 a a,.� y - CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. Attached please find a drawing which shows a 25' utility easement to be vacated. This is located North of the Lewis Ford property and is on the property to be developed for Whole Foods. This 25' easement has an existing gas line in it to be relocated. We are requesting a response from you for this vacation. Please seethe attached and e-mail me at (.';r.: Thank you very much Sincerely David L, orgense • PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS, LAND SURVEYING' PETITION TO VACATE an easement, LOCATED IN the 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, the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: (See attached) That the abutting real estate affected by said abandonment used by the public for a period of many years, and the public interest and welfare would not be adversely affected by the abandonment of the above described easement, The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described easement. 1 P Dated this J _ day of ��' 24 - Printed Name Signature Printed Name Signature LEGAL DESCRIPTION: EASEMENT TO BE VACATED PART OF THE SWII4 OF THE SEI/4 OF SECTION 26. PIN, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SWI/4, SEU4 THENCE S02 -56.19-W 166.40 FEEL THENCE N67°05'21'W 64 23 FEET TO THE P 0 S.. THENCE N87-05 21-W 133.08 FEET. THENCE N68°30'31 -W 334 38 FEET, THENCE NOI°20'33'E 25 00, THENCE S88'30'3)'E 334 75 FEET. THENCE S87°05'21'E 133.36 FEET, THENCE S02°51'04'W 25.00 FEET TO THE P 0.8: CONTAINING 0 145 ACRES (6,316 98 S. F.) MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD_ c.relm Ne 25 00' o S88°30VP'E 334 75' N88°30'31'W 334 38' N W E s 25' U.E 765-15753-000 EX. 25' UE. -4 983, PG 290) Si COLLINS ENT TO REMAIN 5 SW BROAD ST FAIRBURN, GA. 302IJ SO2°51'04'W + ��"-- (ZONING: C-2) 25.00 S87°O5'21'E 133 36- 765-15767-000 LEWIS BROTHERS LEASING CO INC P.O. BOX 8430 FAYETTEVILLE, AR. 72703-0008 (ZONING.- C-2) .' P.O.B.-200'6423 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 IlLSI SUNBRIDGE. SUITES • FAYETTEVILLE, ARKANSAS 72703 • (479)442-9127 • FAX(479) 582 0 - SCALE: 1'=50' DATE REVISED CHECKED BY. DRAWN BY., SEM DATE. 24APR2014 0,)UNE)4 DLJ 2 IM1200201ES14T VAC EASEMENT VACATION FOR COLLEGE MARKETPLACE (FAYETTEVILLE) LLC pocuSign envelope ID: 50E880OC-74A1-4l C9-A2BO-5503211006A8 Source,GaS Arkansas UTILITY WORK AGREEMENT (DEVELOPER) -SgAeObi <�ouaee-6-as Developer: College Market Place "Fayetteville" LLC Developer's Address: 5 SW Broad Street, Suite B, Fairburn GA 30213 Job Location: 3425 N. College Ave., Fayetteville, AR 72703 This Utility Work Agreement ("Agreement") is made and entered into this 15+ day of July, 2014, by and between College Market Place "Fayetteville" LLC (hereinafter referred to as "Developer"), and SourceGas Arkansas Inc, (hereinafter referred to as "SourceGas"). WHEREAS, Developer proposes to make certain improvements at the location designated above, and as a result of such improvements, SourceGas must adjust, enhance, locate, observe, and/or relocate certain of its existing facilities, or construct additional facilities; and WHEREAS, in connection with Developer's proposed improvements, Developer wishes SourceGas to do the following: Relocate 345' of 4" steel high pressure distribution main for new Whole Foods store in Fayetteville, Arkansas. Beginning on the west side of Highway71 B at Masonic Drive start at longitude -94.145238 latitude 36.113012 then proceed west 230' to longitude -94.146006 latitude 36.112999 then proceed south 115' to longitude -94.146085 latitude 36.112670 to make tie-ins. (hereinafter referred to as the "Work"); and WHEREAS, such Work is shown in detail in SourceGas' plans, sketches, estimate of cost, and specifications (when applicable), which are attached to this Agreement and made a part hereof; and WHEREAS, Developer agrees to pay for the cost of such Work to the extent herein agreed upon. DocuSign Envelope IDS 50E8800C-74A1-41C9-A260-5503211006A8 source Arkansas NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OTHER VALUABLE CONSIDERATION HEREIN ACKNOWLEDGED, DEVELOPER AND SOURCEGAS AGREE AS FOLLOWS: 1. Where applicable hereunder by reason of new utility occupancy or crossing of Developer's property, Developer hereby grants to SourceGas an easement or license to install and operate utility facilities on or across Developer's property as shown on the approved plans or sketch maps attached hereto and made a part hereof. Prior to SourceGas beginning the Work, Developer will, at no cost to SourceGas, furnish SourceGas with all necessary easements, rights of way and permits. Those easements, rights of way and permits shall release SourceGas from any and all claims for damage done to streets, land, fences, and crops arising out of the performance of the Work. 2. Where applicable hereunder by reason of new construction on existing utility rights of way, SourceGas hereby grants to Developer the right to use for Developer's purposes the lands within the limits of the improvement project limits on or across which SourceGas holds a valid property interest antedating Developer's rights which were subsequently acquired in the same lands, and which property rights SourceGas shall retain so long as SourceGas, its successors or assigns continues such use and occupancy and does not abandon, and thereby release, such property interest to Developer through removal of facilities in performing the Work or by subsequent removal of facilities for SourceGas' convenience; and Developer hereby agrees that SourceGas, by granting said right and by said continued joint use and occupancy, does not waive any future claim for reimbursement for any costs as may be eligible for reimbursement by reason of such prior property interest, nor does SourceGas waive any other legal or property right held under the laws or Constitution of the State of Arkansas or the United States_ 3. In the event that future construction, reconstruction, expansion, relocation, rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either Developer or SourceGas in the area jointly occupied or used under either or both Paragraphs 1 or 2 of this Agreement will disturb, detrimentally affect, interfere, or be inconvenient to the facilities or responsibilities of either party, the parties hereto shall reach agreement in writing as to locations, extent, and methods of such work before the work is undertaken. In a case of emergency, and where immediate action is necessary for the protection of the public and to minimize damage to or loss of investment in the property of Developer or of SourceGas, either party hereto may, at its own responsibility and risk, make any necessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable, ;JccuSign Envelope ID: 50E880OC-74AI-41 C9-A2BO-5503211006A8 S®urce�,Gas Arkansas 4. The estimated cost of the Work is $33.445.00. After it has completed the Work, SourceGas will bill Developer for the actual cost of the Work. Developer shall pay such invoice within 30 days of Developer's receipt of the invoice. If Developer fails to pay any such invoice within 30 days of receipt, the amount due under the invoice shall accrue interest at the rate of 10 per cent per annum until paid. 5. SourceGas will perform the Work, as described on the first page of this Agreement, SourceGas will endeavor to perform the Work within a reasonable time period, subject to applicable laws, rules and regulations of governmental authorities, and subject to any delay occasioned by lack of right of way, availability of materials and supplies, force majeure or events or conditions of whatsoever nature reasonably beyond SourceGas' control, and further conditioned upon the receipt of all required approvals and consents in form and substance acceptable to SourceGas. SourceGas shall not be obligated to commence the Work unless and until, at no cost to SourceGas, all necessary easements and rights of way have been executed, acknowledged and delivered to SourceGas in a form acceptable to SourceGas. 6. Title to and ownership of facilities which are the subject of the Work shall forever be and remain exclusively and unconditionally vested in SourceGas. Developer understands, acknowledges and agrees that Developer shall have no title to, interest in, or ownership of those facilities. 7- it is mutually agreed by the parties hereto that the provisions of this Agreement pertaining to property rights, right of way occupancy permission, access for servicing when applicable, and joint use of rights of way shall continue in full force and effect from the date of this Agreement, and shall be perpetually binding upon each party, and its representatives, successors and assigns. 8. Developer and SourceGas acknowledge that there are no agreements or understandings, either written or oral, between the parties related to the Work, other than as set forth in this Agreement, and that this Agreement (including any attachments hereto) contains the entire agreement between the parties regarding the Work. 9. This Agreement shall be governed in accordance with the laws of the State of Arkansas, the rules and regulations of the Arkansas Public Service Commission, and the Tariff of SourceGas. In the event of a conflict between this DocuSign Envelope ID: 50E8800C-74A1-41C9-A2B0-5503211006A8 SourcAas Arkansas Agreement and any such laws, rules, regulations or Tariff, such laws, rules, regulations or Tariff shall control. 10. In the event SourceGas is required to initiate litigation to enforce the terms and conditions of this Agreement, then SourceGas shall have the right to recover from Developer SourceGas' costs and expenses of such litigation, including reasonable attorney fees. 11. Developer acknowledges that it has been afforded an opportunity to have its attorney review and explain the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their duly authorized representatives on the date stated above. SOURCEGAS ARKANSAS INC. By: Douglas Whitefoot odan�Ce President Operations 68iAE6.D0a0tn�A... Ds ve MG COLLEGE MARKET PLACE "FAYETTEVILLE"LLC By: eve COI ns Its: Managing Member Federal Tax I.D.No.:470963281 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITYCOMPANY: APPLICANT NAME: , eo )Lj nS, APPLIC—A—ttNT PHONE: REQUESTED VACATION (applicant must check all that apply): Y5- ` f 4i 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-wat9, described as Follows: General location / Address 25 U. r— 14p-vY�� -p Le,c,) l�'-r+:`X. k"', (14t, (ATTACHlegal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) f LU t j I_ 'd)6 Y" ufc c Fe t: n.'J- J ; ! uti t �G:t 4 ) •L e 6 ❑ No objections provided the following conditions ane met: Signature of Utility Company Representative Title December 2013 Puge 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, AUEY, AND UTILITY EASEMENT VACATIONS DATE: 2—Z-2,—IV UMITY COMPANY: APPLICANTNAME: ._..1 �ol�,fnZ APPLICrrA--pyNT PHONE:�Z �O7SJ RFQUESTFD VACATCON (appiicantmust Check oil that apply): Ul 'P_.t�ssiL• � Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right -o6 way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (allay, easement. right-of-way), described as follows: General location/ Address (ATTACHk9aI description —a Y-1 4 graphic representation of what Is being vacated- SU) ZVEY) UTILITY COMPANY COMMENTS: 0' No objections to the vacation(s) described above, and no eonunents. ❑ No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below,) ❑ No objections provided the following conditions are met: Sigoatute ofUlilCompany Representative Tirlc 1 December 1013 Page 5 OTILrrY APPROVAL FORM POft RIGHT- 01+- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS [)At E: UTILITY COMPANY: A-7 - APPLICANT" NAME: y REQUESTED VACATION (applicant must 11wk all final apply). 15-/� �'t'f''�' �� ' ` "�"'L Utility Easement (] Right-of-way ;or alley or sheets ,nd all uiitity casements located Within the vacated right- of way. ❑ A llcy �] Street r1ght-o±=way I have been notified of the petition [n vacate the following ("gay, rasemenr, right-of-way), described as follows: General location /Address V(ATT4C(f legal tfescripdon and graphic, represeufation nftvhat is behtg vanited-.4URVF.'Ij UTILITY COMPANY COMMENTS' 1 No obj¢clions Ln IIIc vaca:ion(5) de.cribc(i above, and no Cow=its. F-1 No rbjecLona' to Inc wwnun(s) d;sGribed abovo, Ptnvided following described easements are rvoined. iocetion, d11neI1SICIIS, and Purpose helow.) }X Na ob=eptions pro ;:.icd the PM"l ing mm¢itions - r mor. Ai&T agrees to the vacation of ttN above stated easement. If any AT&T facilities --requite-relacatian_aLare damaged.wj]Lbe_the res onsibility of the Devefo ep_-r/Owner. Ftr• ,f .; [ilily [�wP:.ry P_up resani alsc - Manager OSP Ping & Engrg Design Planning Con ission July 28, 20141�i Agenda Item 5 14-4776 SJ Collins Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: S — j — �y f 1 UTILITY COMPANY: �'2� �) irta,. ,r 4 -P 1)))o '�,# bd 1A31.1, - APPLICANT NAME: ]�_e0 j�.j" .., .-, _ APPLICAAN-T PHONE: Z I '7 _ IZE VESTED VACATION (applicant must check all that apply): Q CPP 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, righr-ol-+vaY), desc ribed as follows: A General location / Address (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. ❑ 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 rice met: ) Srlp� of UtilitygCompany; cprcsunrtGrc ._.�... ( )i� .L<\ -E• � � \ L`�;�e �`L.t.�� I, �I rt liii.t.��.�: } F`v t Title ' Oe,q,b,,3013 Pa" 5 UTILITY APPROVAL: FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 516/2014 UTILITY COMPANY: APPLICANT NAME: 75, -APPLICANT PHONE: '"2- GY}717 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), desenbed as follows: General location/Address 2CJ t {� t�ty ✓rN /,euyf F,z,4 X(AT?ACH legal description and graphic representation of "hat is being vacated-SURYE1) UTILITY COMPANY COMMENTS- ❑ No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) 2 No objections provided the following conditions are met. Any damage to or relocation of existing facilities will he at the ownersJdevelopers expense. r l Siguarure nfUlility Company Rep eaentafivc Construction Planner III NW -A Title c: f December 2013. page5 n, a I� UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMP:WY: 11-tt APPLICANT NAME: ,� tl,f f��-L --APPLICANT PHONE: REQUESTED VACATION (applicant nrust check all that apply): 7 ,vJ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right -of %vay I have been notified of the petition to vacate the following (alley, easement, right -of way), described as follows: i 1 General location /Address 2 ), h�d '�-y ePp teG"')5 (ATTACH legal description and graphic representation of what is being vacated-SURVE19 UTILELY COMPANY COMMENTS: 0 No objections to the vacation(s) described above, and no comments - [_J No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objeciious provided the following conditions arc mat Chi 5�L7, Cle _ ,y&ahr66 of Utili ompany Representative December:013 Pn,=e J UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DA'I'L, "rrd r, OTILITII COh1,. ANY: / '—'e APPLICANTNAME: z.'� 'moi- _ APPLICANTPAONE: --Z—q HEQUESTL---D VACATION (appJicaat rn rsf checF ali that apply): >a Utility Gawnrent ❑ Right-oP-way for alley or streets and all utility easements located within the vacated right- of-Ivay. ❑ Alley. ❑ Streettighl-oi'-way I have been notified of the petition to vacate the following (alley, easement, right-sof-f-nav), descrihcd ac- follov.•s: General location l Address 27� . �i ig6q �.J L� ,p ez,)5 ez� Y(A'TTACtf &gal de,sur, Peon and graphic represenration of what is being vacaied-SUR PFI) UTILITY COMPANY CUVMENTS: ly No objections to the vacation(s) described above, and no comments. ND objections to the vacation(s) described -above, provided following dcecribed esscmeots are retained. tstnta [be location, d rmim(nss, wrd pupese below.) ❑ No obj ecrionc P"r ' dod O,e fd.lewing conditions are met: Signsah%f Utility Compnuy R[y OSenKnisc r� 1 idc warm.M _01J UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY. AND UTILITY EASEMENT VACA'T'IONS DATE: _ _t 4 MAY 2M- UTII.ITY COMPANY. APPLICANT NAME: 1� _ - APPLICANT REQUESTED VACATION (applicant must check all that apply) Utility Easement ❑ Right-of-way for at ley 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 folloMng (alley, easement, nght-of-way), described as follows: (I General location I Address 2�_.." (<t, _ l"/7"t4 ,yr f_.i.Le�.l� F�q} V(ATTACAIegal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: ,tK No objections to the vacation(s) described above, and no comments. 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: `S:guamre of - 6111 Company Rcpresnntaiive Tide December:017 Page S VAC 14-4776 Close Up View SJ COLLINS SUBJECT PROPERTY i RSF.e - ryr�gsu.V WNGVIEWST_ --" _ 1 Legend KENRAY ST fijjti-Ulse Trail (Existing) _ F ure Trails �Xen,;bwFayetteville City Limits VAC14-4776 Footprints 2010 M Hillside -Hilltop Overlay District Design Overlay District 0 75 '150 300 450 600 ------ Planning Area I Feet MASbNIC DR h"Q Imm"lli I NORTHWEST ARKANSAS DEMOCRAT{AZErrE NORTHWEST ARKANSAS THE MORNINGNEWSALE FSPRINGDERS NEWSPAPE16LLC NEWS NORTHWEST ARKANSAS TIMES ON RECORD BENTTHE COUNEWSOF BEMON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYEREVIUE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479442-170D I 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 5705 Was inserted in the Regular Editions on: August 28, 2014 Publication Charges: $ 103.76 na� Czu", Karen Caler Subscribed and sworn to before me This W day of p 2014. VV�/J Notary Public My Commission Expires: ;'?o407-4 CATHY WILES Arkansas - Benton County Notary Public - Comm#I 12397118 My Commission Expires Feb 20, 2024 RECEIVED SEP 0 2 2014 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE N0.5708 AN ORDINANCE AA,PPROVINp VAC 4 4SUBMITTED9Y §$OGIATEO"PROPERTY`LaCATED 'AT;3535NORTHy,CD4LEQE AVENUE TO .nrtxepsns . VACATE AN EXISTING UTILITY BASEMENT r , A TOTAL OF uoo SQUARE FEET. WHEREAS the Chy'Council has `theauthorny Lntler ACA § 'I4-54-10$ to { vacete publ� grounds or portions thereof which;are,not [equirad;fo .corporete' WHEREAS tli City Oouncil has determined that the following rdesc�betl 7 Kori of the utilhy`a�e�eht is notrequired'far ctrryoraYe purposes; NOW,' THEgEFORE, 9E R%'OHD711NED+BY THE "CITY=COUNCIL OF TNE' CITY OF.FAYETTEVILLE;RRKANSAS; � � SECTION 1 That the OitY Courlc(I of the City of Fayetteville Arkansas}he�epym vacates; antl abantlons�the followingutigty easemenE described in Exhiba • attached'hereto and±�iatle'a part'{h4reof. > i �'� . + `; tl, :, .-SECTION 2;Ttiata co'joy of this-0rdinande tluly dedifiail by the City d6rkel6no, with theapattachedtand labeletlrFkhibn A; shall he;filed 14 the gKrpre of the; RecoMa�.of the County,aPc�recordeFd ui the Deed ReGoMs of the Co�{glyu CTI`01J� That phis 5aca[lon,approv6l is subject tos`he folrgwingpsntlNons 1 Ahytl �§e"dr Felocation ofsz}sgng facilNes shall be.aPJheiowhedde6II 2 Tl�a va atlon ahal4notpe effective un ass and until t(te gae Une la rslocateE ` ands `i�v easemeriiis dedicated' • � `= + - PASSED and APPROVED this 20th day'ofAugust; 201>f. WP' ED ATTEST BY.6y' .rJONELD:LLORDAw',Mayor - "'SONDRAE.SMIrHi.City Cleikdrdasurer'? ` hlbnsjgrthisordina6c6srnay be vi@wed in th?,gfficei of the City,ClerM;` sesuW **NOTE** Please do not pay from Affidavit. Invoice will be sent.