HomeMy WebLinkAboutORDINANCE 5707Doc ID: 015919750004 Type. REL Klnd: ORDINANCE Recorded: 10/01/2014 at 09:09:35 AM Fee Amt: $30.00 Pape 1 of 4 KylelSylvesternClrcult clerk FL102014-00025281 ORDINANCE NO. 5707 AN ORDINANCE APPROVING VAC 14-4777 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF MCCONNELL AND DRAKE TO VACATE AN EXISTING STREET RIGHT-OF-WAY AND PORTION OF A UTILITY EASEMENT. 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 street right-of-way and 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 portions of street right-of-way and 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 relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. The vacation is not effective until the active water and sewer lines and fire hydrant are relocated and easements platted according to the requirements of the Water and Sewer Department. 3. The City retains a multi -use trail easement within the right-of-way area being vacated. The details of the easement language and location shall be subject to review and approval by the City Trails Coordinator. 4. The existing 30' easement for overhead electric lines shall remain. 5. The vacation is not effective until all existing utilities are relocated and placed in easements at the owner/developer's expense. 6. A new gas line/easement shall be provided as approved by Source Gas. Page 2 Ordinance No. 5707 PASSED and APPROVED this 2"d day of September, 2014. ATTEST: By: i6JQn.ldiu. 4' SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT 'A' 14-4777 EXHIBIT 'B' 14-4777 LEGAL DESCRIPTION: EASEMENT TO BE VACATED THE NORTH PORTION OF McCONNEL AVENUE BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE SE CORNER OF THE SE 1/4, NE 1/4 OF SECTION 33, T -17-N, R -30-W THENCE WEST 818.38 FEET, THENCE NORTH 30.00 FEET, THENCE S88°17'56"W 151.57 FEET, THENCE N81°15'47"W 40.96 FEET, THENCE N72°06'21 "W 37.21 FEET TO THE POINT OF BEGINNING, THENCE WEST 216.54 FEET, THENCE N00°57'54"W 341.08 FEET, THENCE N64047'00"E 72.32 FEET, THENCE S00°35'04"E 264.25 FEET, THENCE S28°36'13"E 39.42 FEET, THENCE S39°17'09"E 41.42 FEET, THENCE S54°55'50"E 40.53 FEET TO THE POINT OF BEGINNING, CONTAINING 27,705.86 SQUARE FEET. Washington County, AR i certify this instrument Was filed on 10!01[2014 09t09'•38 AIN and recorded in meal Estate it Num ester614-00081 ` Clerk Kyle Sy by City of Fayetteville Staff Review Form 2014-0347 Legistar File ID 8/19/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Quin Thompson 7/29/2014 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 14-4777: Vacation (NORTHEAST CORNER OF DRAKE & MCCONNELL/NELMS, 248): Submitted byJORGENSEN AND ASSOCIATES for a street stub -out located at the NORTHEAST CORNER OF DRAKE & MCCONNELL. The property is the existing street stub -out for McConnell Avenue which contains approximately 0.64 acres. The request is to vacate an existing street right-of-way and a portion of utility easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? No Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title D Approval Date: a��X �� LI N ,, I CITY OF ay epi le ARKANSAS MEETING OF AUGUST 19, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner DATE: July 29, 2014 SUBJECT: VAC 14-4777: Vacation (NORTHEAST CORNER OF DRAKE & MCCONNELL/NELMS, 248): Submitted by JORGENSEN AND ASSOCIATES for a street stub -out located at NORTHEAST CORNER OF DRAKE & MCCONNELL. The property is the existing street stub -out for McConnell Avenue which contains approximately 0.64 acres. The request is to vacate an existing street right-of-way and a portion of utility easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate an existing street right-of-way and a portion of a utility easement. BACKGROUND: The subject property is the McConnell Avenue street stub -out located northeast of Drake Street and McConnell Avenue and contains approximately 0.64 acres. This section of street right-of-way has become unnecessary for general public access with the construction of 1-540/1-49 which cut off McConnell from continuing north. This dead-end street section provides access only to the two adjacent parcels to the east and west. There are active municipal water and sewer lines as well as franchise utilities within the subject property. The applicant requests vacation of the McConnell Avenue right-of-way north of Drake Street, and a portion of a general utility and water/sewer easement along the west boundary of the property, as shown on the attached plat. The vacation of these areas is requested in anticipation of development on the property at the northeast corner of Drake Street and McConnell Avenue. DISCUSSION: On July 28, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 8-1-0, with Commissioner Hoskins voting 'no'. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance, Exhibit A, Exhibit B, Planning Commission Staff Report Mailing Address: 113 W Mountain Street www.fayetteville-argov Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4777 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF MCCONNELL AND DRAKE TO VACATE AN EXISTING STREET RIGHT- OF-WAY AND PORTION OF A UTILITY EASEMENT. 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 street right-of-way and 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 portions of street right-of-way and 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 relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. The vacation is not effective until the active water and sewer lines and fire hydrant are relocated and easements platted according to the requirements of the Water and Sewer Department. 3. The City retains a multi -use trail easement within the right-of-way area being vacated. The details of the easement language and location shall be subject to review and approval by the City Trails Coordinator. 4. The existing 30' easement for overhead electric lines shall remain. 5. The vacation is not effective until all existing utilities are relocated and placed in easements at the owner/developer's expense. 6. A new gas line/easement shall be provided as approved by Source Gas. PASSED and APPROVED this day of 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT IN 14-4777 VAC 14-4777 Close Up View �m V . - T1rall 38t111�} ' rr` R�41P OR . VAC14-4777 Footprints 2010 - Hillside -Hilltop Ovo irlay District Design Overlay Di trict 0 75 T50 ------ Planning Area EMMigiie NELMS SUBJECT PROP;=RTY a° 's ��I�iS,i Lha _ �..'•f rr Yy�i • l s• 3 • i u Sao Oso Goo EXHIBIT W 14-4777 LEGAL DESCRIPTION: EASEMENT TO BE VACATED THE NORTH PORTION OF McCONNEL AVENUE BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE SE CORNER OF THE SE 1/4, NE 1/4 OF SECTION 33, T -17-N, R -30-W THENCE WEST 818.38 FEET, THENCE NORTH 30.00 FEET, THENCE S88°17'56"W 151.57 FEET, THENCE N81°15'47"W 40.96 FEET, THENCE N72°06'21 "W 37.21 FEET TO THE POINT OF BEGINNING, THENCE WEST 216.54 FEET, THENCE N00°57'54"W 341.08 FEET, THENCE N64047'00"E 72.32 FEET, THENCE S00°35'04"E 264.25 FEET, THENCE S28°36'13"E 39.42 FEET, THENCE S39° 17'09"E 41.42 FEET, THENCE S54°55'50"E 40.53 FEET TO THE POINT OF BEGINNING, CONTAINING 27,705.86 SQUARE FEET. CITY OF 7ayevile PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: J1/�4 UPDATED 7-30-2014 SUBJECT: VAC 14-4777: Vacation (NORTHEAST CORNER OF DRAKE & MCCONNELL/NELMS, 248): Submitted by JORGENSEN AND ASSOCIATES for a street stub -out located at NORTHEAST CORNER OF DRAKE & MCCONNELL. The property is the existing street stub -out for McConnell Avenue which contains approximately 0.64 acres. The request is to vacate an existing street right-of-way and a portion of utility easement. RECOMMENDATION: Staff recommends forwarding VAC 14-4777 to the City Council with a recommendation for approval. BACKGROUND: Property and background: The subject property is the McConnell Avenue street stub -out located northeast of Drake Street and McConnell Avenue and contains approximately 0.64 acres. This section of street right-of-way has become unnecessary for general public access with the construction of 1-540/1-49 which cut off McConnell from continuing north. This dead-end street section provides access only to the two adjacent parcels to the east and west. There are active municipal water and sewer lines as well as franchise utilities within the subject property. Surrounding zoning and land use is depicted in Table 1. Proposal: The applicant requests vacation of the McConnell Avenue right-of-way north of Drake Street, and a portion of a general utility and water/sewer easement along the west boundary of the property, as shown on the attached plat. The vacation of these areas is requested in anticipation of development on the property atthe northeast corner of Drake Street and McConnell Avenue. Mailing Address: 113 W Mountain Street Fayetteville, AR 72701 14-4777 Nelms Page 1 of 18 Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Interstate -49 NA/AHTD right-of-way South Arg icultural/undevelo ed R -A, Residential A ricultural East Commercial/Gas Station C-2, Thoroughfare Commercial West Commercial/United Rentals C-2, Thoroughfare Commercial Proposal: The applicant requests vacation of the McConnell Avenue right-of-way north of Drake Street, and a portion of a general utility and water/sewer easement along the west boundary of the property, as shown on the attached plat. The vacation of these areas is requested in anticipation of development on the property atthe northeast corner of Drake Street and McConnell Avenue. Mailing Address: 113 W Mountain Street Fayetteville, AR 72701 14-4777 Nelms Page 1 of 18 DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: UTILITIES RESPONSE Cox Communications Conditional Approval AEP/SWEPCO Conditional Approval Source Gas Conditional Approval AT&T Conditional Approval CITY OF FAYETTEVILLE: RESPONSE Water/Sewer Conditional Approval Trash & Recycling No objections Transportation No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 14-4777 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. The vacation is not effective until the active water and sewer lines and fire hydrant are relocated and easements platted according to the requirements of the Water and Sewer Department. 3. The City retains a multi -use trail easement within the right-of-way area being vacated. The details of the easement language and location shall be subject to appeal, by the City Trails Coordinator. 4. The existing 30' easement for overhead electric lines shall remain. 5. The vacation is not effective until all existing utilities are relocated and placed in easements at the owner/developer's expense. 6. Prior to City Council agenda request being submitted for this item, the applicant shall provide written permission from the City Recycling & Trash Collection and Transportation divisions. 7. A new gas line/easement shall be provided as approved by Source Gas. Planning Commission GAETCOevelopment services Review\20140evelopment Review\14-4777 VAC Drake and McConnell (Nelms)\03 Planning July 28, 2014 Commission\07-28-2014\Comments and Redlines Agenda Item 2 14-4777 Nelms Page 2 of 18 (Date: July 28. 2014 O Tabled X Forwarded Motion:CHESSER Second: COOK Vote: 8-1-0 CITY COUNCIL ACTION: Required Date: 8-19-2014 O Approved O Denied O Denied Planning Commission GAETODevelopment Services Revie%n201410evelopmenl Reviewk14-4777 VAC Drake and McConnell (Nelms)103 Planning July 28, 2014 Commission107-28-2014\Comments and Redlines Agenda Item 2 14-4777 Nelms Page 3 of 18 BUDGET/STAFF IMPACT: None Attachments: Request Letter Petition to Vacate Adjacent Property Owner Consent Utility Approvals Easement Vacation Exhibit Trails Coordinator Comments One Mile Map Close Up Map Planning Commission Agenda WETC1Development Services RevlevA20141Development Revlew114-4777 VAC Drake and McConnell (Nelma)m Planning A 28, 2014 Commission107-28.20141Comments and Redilnes Agenda Item 2 14-4777 Nelms Page 4 of 18 JORGENSEN & ASSOCIATES 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. TORGENSEN, P.E. City of Fayetteville 6/6/14 113 W Mountain Fayetteville, AR. 72701 Art: Planning Dept. Re: Vacate R/W of N. McConnel This is information pertaining to the vacation of right of way of N- McConnel Road. All utilities will be contained in easements as needed. This north portion does not serve any purpose and if this is vacated then the west half would revert to the United Rental property and the east portion would revert to our clients property. Access to United Rental would be at the same location. Please call concerning any questions you may have. Thank you. Sincerely; n'I David L.J gensen, P.E. PUBLIC WORKS' LAND DEVELOPMENT - WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING' Planning Com July 28, 2014 Agenda Item 2 14-4777 Nelms Page 5 of 18 PETITION PETITION TO VACATE THE NORTH LEG OF RIGHT-OF-WAY OF McCONNEL AVENUE, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the Right -of -Way hereinafter sought to be abandoned and vacated, lying In the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said Right -of -Way which is described as follows: (SEE ATTACHMENT— EXHIBIT'A') That the abutting real estate affected by said abandonment would not be adversely affected by this abandonment. The petitioners request 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 thatthe above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of public for the use of said Right -of -Way. Datedthisjgdayof .�k'AK. ,20A Printed Name rJ rr-�y c. �'c;,a,., Signature Planning Commission July 28, 2014 Agenda Item 2 14-4777 Nelms Page 6 of 18 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date' Address/ location or vacation: LJOIJ-4— t 11i,C-CKgn.0 �( y Adjacent ploperry address: �� p_ kp, A, -f 7i71%5; Lot: /- Block: �- i Subdivision: / REQUESTED VACATION. I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as Follows (Inclada legal description and graphic representafion ofwhat is being vacaled) ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to cmument I do not object to the vacation described above. ❑ I do object to the requested vacation becauso: 15d&z d -4W Ian M41 +0 L A Irene Moshouris of Adjacent Properly Owner .7Clllvt vl6cnaanl and Treasurer Appimani Namc zm 1 Purr C Planning July 28, e Agenda li 14-4777 Nelms Page 7 of 18 EX HI SIT '.4' SCALE: I'-60' DATE REVISED CIIECRED BY DRAWN BY: PMM JORGENSEN & ASSOCIATES DATE: UJUN14 DL✓ ZALSDIZN40101ESMT VAC CIVIL ENGINEERS B SURVEYORS EASEMENT VACATION FOR MCCONNEL AVENUE R/W Planning Commission July 28, 2014 Agenda Item 2 14-4777 Nelms Page 14 of 18 5 j LEGAL DESCRIPTION: EASEMENT TO BE VACATED THE NORTH PORTION OF MCCONNEL AVENUE BEING DESCRIBED AS LDSEt4t' G' 0 qR FOLLOWS; COMMENCING AT THE BE CORNER OF THE BE I/4, NE I/4 OF 1. LI'D 5p 8 FEET, E WEST JFEET, I Sf 9iT'PI NORTH J0.00 FEEL THENCE S68'17'56'W 151.57CE THENCE A DIE140& Nel°15'47'W 40.96 FEET. THENCE N72'06'21'W 37.4 FEET TO THE POINT OF BEGINNING, THENCE WEST 2f6.54 FEET. THENCE -47.00-E J� NOO°57'54'W 541.08 FEET. THENCE N64 72.32 FEET. THENCE Gw yt SOO-35.04-E 264.25 FEET, THENCE S28'J6'IJ'E 39.42 FEET, THENCE -17.09-E -55 -SO -E40.53 1 S39 41.42 FEET, THENCE S64 FEET TO THE POINT OF BEGINNING, CONTAINING 27,705.86 SOUARE FEET. C) LEGEND F TNESf STANDARD SYMBOLS WILL y mo BE FO WD IN THE DRAWING. mx C FIRE HYDRANT n!�I v 0 SANITARY SEWER MANHOLE m � m TELEPHONE PEDESTAL nil O ELECTRIC METER • EXISTING IRON RESAR 8 STREET SIGN 0 POWER POLE 0 SET 172' IRON REBAR _--T•26 p• } COMPUTED POINT RIGHT-OF-WAY LINE FENCE LINE g OVERHEAD ELECTRIC LINE I GAS LINE WATER LINE N SANITARY SEWER LINE PROPERTY LINE SzvJ615'E 39.42' AREA OF R/W i0 BE VACATED WF. SJ9'1T09'E 41 42• GRAPHIC SCALES sc `55'bG'E so DD BO 40.53' 7t`Ob'2!'E J7 21' SBI%6'4TE I j� oln. WSI —R'W 2/6ell.6<• 151.57' ave Neu NRE 11"6e•E 17.8' 7�:OI • 0C PD.B. DRAKE STREET (ASPHALT) EX HI SIT '.4' SCALE: I'-60' DATE REVISED CIIECRED BY DRAWN BY: PMM JORGENSEN & ASSOCIATES DATE: UJUN14 DL✓ ZALSDIZN40101ESMT VAC CIVIL ENGINEERS B SURVEYORS EASEMENT VACATION FOR MCCONNEL AVENUE R/W Planning Commission July 28, 2014 Agenda Item 2 14-4777 Nelms Page 14 of 18 July 28, 2014 Agenda Item 2 14-4777 Nelms Page 15 of 18 CITY OF Fay" vide ARKANSAS June, 20112014 Jorgensen & Associates Engineering Division — Trails Comments 14-477 VAC Drake and McConnell (Nelms) TRAIL COMMENTS The Fayetteville Alternative Transportation and Trails Mater Plan designates a trail to be constructed within the right of way proposed to be vacated. To make this connection in the future a 30 foot wide multi -use trail easement will need to be retained along the west edge of the proposed vacated area. The easement will also need to tum back east at the north and to align with the existing water and sewer easement heading to the intersection of 1-49 and Garland. Please Matt Mihalevich, Trails coordinator at 575-3416 with any question about the easement location. Multi -Use Trail Easement Language: A permanent easement to construct, maintain, repair and/or replace a multi -use trail for public access, together with all appurtenances thereto including lighting and public art, on, over, across, and through the following described land labeled City of Fayetteville multi -use trail easement on this final plat. The Grantor agrees not to erect any buildings, fences or structures in said permanent easement. Thank you, Matt Matt Mihalevich Trails Coordinator mm i ha Ievich0favetlevill"ncov (479)444-3416 Mailing Address: 113 W- Mountain Street Fayetteville, AR 72101 TRAIL COORDINATION www.fayettevi Ile-ar.gov Planning Commission July 28, 2014 Agenda Item 2 14-4777 Nelms Page 16 of 18 U'PILITY APPROVAL, FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE= 1611k� � 201 UTILITY COMPANY APPLICANTNAME: 'finRGEN $Eti� _ APPLICANTNIONI2• Y� t£�•• '�%L9 c.. REQUESTED VACATIONZ ...G) LZ7 (opplkanr must check a� that apply): �i Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of -way. ❑ Alley ❑ Sircetright-of-way 1 have been notified of the petition to vacate the following (alley, earemeny righbaf-way), described follows: General location/Address_ T -H �F�:r y)o� --f-:i -- --&1y ' ,�4 (ATTACH legal description and graphic representation of whar Is being vacafedSUH KEY) UTILITY COMPANY COMMENTS: Q No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above,providcd following described easements aro retained. (State the location, dimensions, and purpose below.) 15ASEMEW CAWA167 13E VACiF?ED baE 7M ACVVE� ` Nn h3r �n�,pmwe A I owingc linun4 cn�r( ����` � � Jl�� :1r _ Signature of I tt R/ t'unrytany Itcptvsantolrve 2hf7(Rtjk ptaccraR pot V/f+iFlL S � wFR �UArylDalS Title Drama., 2013 P., 5 Planning Commission July 28, 2014 Agenda Item 2 14-4777 Nelms Page 8 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 7i UTILfTY COMPANY: AT Pi T' APPLICANTNAME: Ue"O" N� Mfl _ APPLICANT'PHONE: Mi'z•� /�`� i REQUESTED VACATION (applicant must check alf that apply): 0 Urility Easement m Right of -way for alley or streets and all utility easements located within the vacated right- of- way. --E7- milky--..—._ --- — - ---- ---- --- -- ---..... --- ❑ Streetright-o Fway I have been notified of the petition to vacate the following (alley eas e ment, right-of-way)), descriibe'd, as follnws- General location /Address �W'�y_ _ �LL1L Lrw�d �� ± • T"r� (ATTACH legal description an graphic mpresentwion of what is heing vacafed-SURVElq UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and an =runButs. ❑ No objections to the vacation(s) descrthed above, provided following described easements are retained. (Slate the Location, dimensions, and purpose below.) E�- No objections provided the Fallowing conditions are met_ ATAT �gorgcg hayncoop gmsom Pqqoment Loweirar fnny dmraQa to orlhar.usilocaltairr Company Representative Manaoar OSP Plna S Enorn Deslon bide 9erember?013 P." f Planning Com July 28, 2014 Agenda Item 2 14-4777 Nelms Page 9 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF. WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE' UTILITY COMPANY: APPLICANT NAME:nn1,�_�C'-�yjLc, APPL[CAN"P PHONE: 4".4 2, REQUESTED VACATION (applicant must check all that aPPIY): JBr,a - /•���a— ❑ Utility Easement Right -of way for alley or streets and al I utility easements located within the vacated right- of- way, ❑ Alley ❑ S frac[ right. o Fway 1 have been notified of dre pefitmn to vacate the fol[owing (alley, easement, rightof-way), described as follow+'. General location/Address q�r^t_. (ATTACH legal description andgraphic representation of what is being vacated-SURVE19 t7HX1Y COMPANY COMMENTS ❑ No oblcctians m the vacation(s) descnbed above, and no comments. No objections to the vaudian(s) described above, provided following dcsoribcd casements nre retained (State the location, dimensions, and purposc below.) —1 No objections provided the folia wing condir,pvx are met i i• Signature Of Utility Company Reprtscnhttivc Tide December l9li Pagc 3 Planning Comll July 28, 2014 Agenda Item 2 14-4777 Nelms Page 10 of 18 UTI II. APPROVM. FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACA11ONS DA E: UTI1.iTY C01�gANY: ),%.. y-�- AITLICANT NAME. r/, 1 5. Y71,� _ +rN li`.A'oi 1'1 ONE 2-' -112-7 t REQUESTED VACt\'PION (appfieantrn rrsf check all Otat apply). JC' j Ltilily Casement ;light -of --way for alley or Streets and all utility easements located "s thin the vacated right- oC- wry A', Lcy. ❑ Strcet right-ol-way 1 have burn notified of the petition to vacate the following (ol(ay, oosemenl,/right-ol wa}l, desctibed as folluws. General Mention / Address (ATTACH legitl descripllan andgraphic representa«on ojwhat 1, being racaled SURVEf) C"P[LTY CONTANY CUMMENTS: ❑ No obiections to the vacatiou(s) described above, and nu cunaru:nts YJ No ohj"nens to the vacahon(s) desmibed above, provided Ibllowing descnbed oascmcnta arc ,euuned (State the tecation, dimensions, and purpose bale w.) Ozarks has an existing 30 foot easement (15 foot on either side of the center of the line) for the existing overhead power line. This easement will reed to remain. No ohjCcoons am"reC rbc Iol'ocmtg conA rtionx ;ve met. Gnnl vuY UM1h 1'onlpany !�4-�'-r�'..rv_.. Planning Com July 28, 2014 Agenda Item 2 14-4777 Nelms Page 11 of 18 1,T11d I Y APMOVAI, FORM FOR RIGIIT- OF- iNAV. AU,EY.A-ND I, 1AA 1 Y E VFA'I' % I VACYI IW,1 Tr M tiiarirt lIi�,l ni-,b - f alley "SC61—d 3 "d � 1" r J,fi r }` j -, I m, ', , , rrr , J� :, , j 1 1,) .- , , , "1,''-5.-711 f:1) \ j r d Q0 I, I �-�a fig`. Planning Comf July 28, 2014 Agenda Item 2 14-4777 Nelms Page 12 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATES UTILITY C:UMPANY7 —�� �� -I �l.,r Ai PLICAN"P NAME: 1/eatnlS C%�t'YL� _ __ __ APPLICANTPIIONE: 4-4 REQUESTED VACATION (applicant must check a// that apply): ❑ Utility Easement Right-of-way ['or alley or streets and all utility easements located within the vacated right- of- way ❑ Alley ❑ Street right-of-way I have he= notified of the petition to vacate the following (a(ley, easement, right-of-way), described as follows General location/ Address (ATTA CF/ legal description and graphic representation of what is being vacatedSURVCi) UTILLTY COMPANY COMMENTS: No o'ojeetions re the VaGatlOn(s) described above, and no continents. ❑ No objections to the vacation(s) described above, provided following described casements are retained (Staid the location, dimensions, and pcnpuse below,) Has comm IA,A as lig tz�,e -4k4* :F nude +o toe r�In r_n ti✓� P I No objections provided the following cooditions are met: Signahue of Utility Company Reptcscatalive Idle Orcec,ubz,;nL Planning Com July 28, 2014 Agenda Item 2 14-4777 Nelms Page 13 of 18 UTILITY APPROVAL, FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE 5,j- zEjj 4- UTILII'YCOMPANY: }-� 6 �trr[C=l`S-._�r_t•?;,��)�L�:�ILV��trr-fJ /� APPLICANTNAME:-}LL�(ttal5_. ��--�,rn.c APPLICANT P11014 L': ''t'N-7 r{ REQUESTED VACATION (applicant must check rill that app/): c/0,23 8r6o ' ❑ Utility Easement Right-of-way 1'or alley or streets and all utility casements located within the vacated right- o6 way. Cl Alley ❑ Street right-of-way I bove been npti Crcd I tlw pctititnt to vacnc therro4wing hdlrt�. vwt-went. Tighe-of=av4•h described as follows: General location/,\ddress !V�/aY(.L.. ,JW _/!��-�" C.C�"'11 flfJ Ave-- f--,2 � '�,2.� or- (1zl fed I`AAVI X -- t7 (ATTACH legal description and graphie representation aJ what is being vacatcd-SUAVE l) U-111.ITY COMPANY COMiNIENT5: No obicctions to the vnc;nion(s) described above, utd no couvucros. t: tt No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) [] Nn olycclions pmvidcrl Thr wndiGnnc nn amt �S�i—{^n�n/Lr�c ui !Il' I iuuinuiy l<cprcxcnfaliv�1 lJucr,nto 2NII P.ge 5 UTILITY APPROVAL FORM FOR RIGHT- OF. WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 7-31-14 UTILITYCOMPANY: City of Fayetteville Solid Waste APPLICANT NAME: Dennis Nelms APPLICANTPHONE: 442-9127 (Jorgensen) REQUESTED VACATION (applicant must check all that apply): ❑ Utility Easement IN Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right -of --way), described as follows: General location / Address 13 (ATTACH legal description and graphic representation of what is being vacated -SUR VEF) vri t.rrY COMPANY COMMENTS: v1 f 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: Signature of Utility Company Ilepresenlatim Title Decembes 2013 Pave 5 Page 17 of 18 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE RECEIVED NORTHWESTARKANSAS TME MORNING NEWS OFSPRINGDALE NEWSPAPE-D cJLVILO THE NORTH ESTNG EWSARK OFROGERS NORTHWEST NORTHWEST ARKANSAS TIMES SEP 2 4 2014 COUNTY DAILY RECORD LE OF FFICE CCN CLERKSITY 212 NORTH FAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607, 72702 1479-442.170D 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 5707 Was inserted in the Regular Editions on: Sept. 11, 2014 Publication Charges: $ 136.19 Karen Caler Subscribed and sworn to before me This Z+ day of S T{— 2014. �uo� Notary Public My Commission Expires: CATHY WILES Arkansas • Benton County Notary Public " Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. s `AsfJ s'Oh'b�NA�C� APPROVING vAC T14' 4 S 0 '�` a 47T9fcSUBMRr£DT gY„s".xiORG�NgEN & z€ aTv' � ASS2:.?QI({TiE�f�� Pj?ORE�F�TTyY LCICP.TED AT / � ��� ; THENORTH TC`O�FiNEFY"QFSN"1FCONNELL xnKAxsxs --'' AiSo% DRAKO"$ V`ACA� E A�i�EXISTING T; x , i f . r ; . s ` ..STREET RIGHT-0F;;WAY,,AND PORTION OY,1gl1TIL EASEMEN,Tsr 1M+E{}EiLs,"r„al7'eCity,Cougcp_Jlabtbe anthoxty;underAiCA;;§^i14 54 JOgitD.. to publlmgarPtynlJs pr P4?;,Pn�thereot whi`ca,sse, not required �inr�co[pte� scrg s rix a`.a!E s;r )ni 2t Wall- WHEF�EAS the �` Oo�sncfl'has determined tl`iaY�theYollovys�cnGed poY" +tio5irof PAI -lali°sb s`treei�n9 stf "'ay and'L[ility'•easeinantlis�no't`req redtfdY: 3norRcate pur{isses ,sa .s lay'.. z'.elrw ,#3a'"° #5z at x•au� " ^.0 �', i ,�NQ4V,j TN#REFlORE,-P IT,, Q*F; INEQ-Ely-ST fYFCO 1 .C, IL OF TzNF': CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the City CounoOrof the City of Fayetteville, Arksnsae,hereby- .. mgacates,ggd abQcns the follovyihy portjons of stree109h;zo�yiay antl ubinlF j easement described in Exhibit "B" attached hereto and made s art thereofi, SECTION 2 That a copy of this Ordinance duly certrfied by thgr�a ngi with the map attached and labeled, Exhibit "A" shall be filed i Recorder of the County and recorded in the Deed Records of `the County. SECTION 3 That this Vacation appproval is subject to the (of�pyy+.�rtlg condnions , of 8proPal'T Y;,x t,1 T,APs . =uOY= t. 1. AnyYeloaa`0'on-d"ed&6'ijd to'u'tiliNes and associated new easement dedica-, twafehallr9etafF ,/4pgelope�ns expense. vin 2,f;Tflle yg�caHon iB.(raYt e (erftj,ve the,aCtive water and�gM�nesaaptl, ffreM _ hydgt are reloca nd '' eMs platted acctirdi gto the requnements of reoca3 � rr s axs s s theWate"an D rtnsie 3�`fhe�Ctfeta•'ir��a`inL tai u°Xse�{it�'e�asemenf`�✓ith'nse rig'�t"�o�-`C�52)�'2rea^be1r`ig�. vacated. The detaifsaefAheseasknOritlangcs-&,A3EJadaU.olrshal.I tasy�ilecG`?a.: revlow and a ,,oval,¢yy oCiaty,•' 2ils Coor inatoc , , (-J z4' 4.T a sang ase en},fo>©verhead �j�ct'S,`i goal me�[� l so 5. aThev ° snct,,e gt}yeyin, ilrpll existm�U ll tlesa velo,@�a�ed an�plac-d in Basemen at the owneNdev'e�o'e� s expense." - , e. A'n`ew`�°g�s liti§7ease5'iianf shall'be¢prowtletl as sppr4ved`�tiy Souibe Gas PASSED and ARPHOVE�DRhfs "ans`d day o(Septe nl tfeY P094 , •"T ' LiONELD�JORN'AN, Mayor ^ «"'SONORA`E=SIAITH,:CIt�Cle` I'W.Treasu`rer".- ExhbYs faF'.[hd$o5�l�hancahtayabal!iewedin ihe:dfficaof3ha CiC�:CIeYKGheasurerrs.