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.