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HomeMy WebLinkAboutOrdinance 5743Doc ID: 016156230002 Type: REL Kind: ORDINANCE Recorded: 03/27/2015 at 02:05:00 PM Fee Amt: $20.00 Page 1 of 2 Ma$hington County, AR Kyle Svlve$ter Circuit clerk FS1e2015-00007945 ORDINANCE NO. 5743 AN ORDINANCE APPROVING VAC 14-4933 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED SOUTHWEST OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD TO VACATE A PORTION OF AN EXISTING 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 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 utility easement as shown on Exhibit "A" 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 and shall not be in effect until the conditions are met: 1. Any damage or relocation of existing utilities shall be at the owner/developer's expense. 2. Existing easements to remain until utilities are relocated into new easement at the owner's expense. PASSED and APPROVED this 17'h day of February, 2015. L�IIFIIf111/� APPROVED: ATTES'�: �� • Cr�S�Y Gr . By: % By:dru6ia I N D JOR AN, Mayor SONDRA E. SMITH, City Clerkll're�r?F;P,t VAC 14-4933 Close Up View MOUNTAIN VIEW DR EXHIBIT 'A' 14-4933 PARKHILL AT MTN. RANCH WA L BOWLING GREEN PL Legend ............. Multi -Use Trail (Existing) Future Trails O VAC14-4933 Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 ------ Planning Area pP=U SUBJECT PROPERTY RW4 300 450 600 Feel `V p 41 A6.L U Washington county, AR I certify this instrument was filed on 03127/2015 02:05:00 PM and recorded in Real Estate File Number 2015-00007945 Kyle Sylvester -(ffTi�uit qIerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 •r .,p'j 479-575-8323 Text File File Number: 2015-0058 Agenda Date: 2/17/2015 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: D. 3 VAC 14-4933 (PERSIMMON AND MTN. RANCH BLVD/PARKHILL AT MTN. RANCH SUBDIVISION): AN ORDINANCE APPROVING VAC 14-4933 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED SOUTHWEST OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD TO VACATE A PORTION OF AN EXISTING 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 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 utility easement as shown on Exhibit "A" 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 and shall not be in effect until the conditions are met: 1. Any damage or relocation of existing utilities shall be at the owner/developer's expense. 2. Existing easements to remain until utilities are relocated into new easement at the owner's expense. City of Fayetteville, Arkansas Page 1 Printed on 211812015 City of Fayetteville Staff Review Form 2015-0058 Legistar File ID 2/17/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item City Planning / Jeremy Pate 1/30/2015 Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 14-4933: Vacation (PERSIMMON AND MTN. RANCH BLVD./PARKHILL AT MTN. RANCH SUBDIVISION, 478/4701).- Submitted 78/479):Submitted by JORGENSEN AND ASSOCIATES for property located SOUTHWEST OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT PARK HILL AT MOUNTAIN RANCH and contains approximately 2.72 acres. The request is to vacate a portion of an existing 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? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution H Original Contract Number: Comments: Fund Project Title Approval Date: CITY OF Tayo e -Ile CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF FEBRUARY 17, 2015 TO: Fayetteville City Council FROM: Andrew Garner, Director of City Planning DATE: January 30, 2015 SUBJECT: VAC 14-4933: Vacation (PERSIMMON & MTN. RANCH BLVD.IPARKHILL AT MTN. RANCH SUBDIVISION, 478/479): Submitted by JORGENSEN & ASSOCIATES for property located at PERSIMMON & MTN. RANCH BLVD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT PARK HILL AT MOUNTAIN RANCH and contains approximately 2.72 acres. The request is to vacate a portion of an existing utility easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate existing utility easement. BACKGROUND: The property contains approximately 2.23 acres located in the Mountain Ranch Phase 1 Subdivision at the southwest corner of Persimmon Street and Mountain Ranch Boulevard. The property is a part of the Park Hill at Mountain Ranch Residential Planned Zoning District that was approved by City Council on May 7, 2013 (R-PZD 12-4284) for 13 single family dwellings. DISCUSSION: There is an existing utility easement in the front yards of all of the lots in the vicinity of homes to be built with the PZD. At the time the PZD was approved it was identified that a portion of this easement would need to be vacated prior to construction of homes. The applicant is in the process of moving forward with this project and requests vacation of a portion of the utility easement, as shown on the attached plat. The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities with no objections. On January 26, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0 on the consent agenda. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF Tay'R3ettville PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: January 26, 2015 LJ dp ated with Planning Commission action SUBJECT: VAC 14-4933: Vacation (PERSIMMON & MTN. RANCH BLVD./PARKHILL AT MTN. RANCH SUBDIVISION, 478/479): Submitted by JORGENSEN & ASSOCIATES for property located at PERSIMMON & MTN. RANCH BLVD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT PARK HILL AT MOUNTAIN RANCH and contains approximately 2.72 acres. The request is to vacate a portion of an existing utility easement. RECOMMENDATION: Staff recommends forwarding VAC 14-4933 to the City Council with a recommendation for approval. BACKGROUND: Property and background: The property contains approximately 2.23 acres located in the Mountain Ranch Phase I Subdivision at the southwest corner of Persimmon Street and Mountain Ranch Boulevard. The property is a part of the Park Hill at Mountain Ranch Residential Planned Zoning District that was approved by City Council on May 7, 2013 (R-PZD 12-4284) for 13 single family dwellings. Surrounding zoning and land use is depicted in Table 1. Table 1 Land Use and Direction residential (under development) C-PZD Forest Hills South and Units/acre RMF-24, Re 24 Units/acre Proposal: There is an existing utility easement in the front yards of all of the lots in the vicinity of homes to be built with the PZD. At the time the PZD was approved it was identified that a portion of this easement would need to be vacated prior to construction of homes, The applicant is in the process of moving forward with this project and requests vacation of a portion of the utility easement, as shown on the attached plat. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Mailing Address: Planning Commission 113 W. Mountain Street agenda ttryilte-ar.gov Fayetteville, AR 72701 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 1 of 16 UTILITIES Cox Communications AEP/SWEPCO Source Gas AT&T Ozarks Electric CITY OF FAYETTEVILLE: Water/Sewer Trash & Recycling Transportation Public Comment: No public comment has been received. RESPONSE No response; a response is required prior to City Council No objections No objections No objections with conditions No objections with conditions RESPONSE No objections No objections No objections Recommendation: Staff recommends forwarding VAC 14.4933 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. This item will not be submitted to City Council until a utility permission form signed by Cox Communications is provided to City Planning staff by the applicant, and the utility vacation exhibit is revised with appropriate dimensions and bearings, or other information needed approved by the GIS Division to accurately determine the extent of the easement vacation. 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 3. Existing easements to remain until utilities are relocated into new easement at the owners expense. Planning Commission G:\ETC\Development Services Revlew\2014\Development Review\14-4933 VAC SW corner of Persimmon and Mtn. 6fenckrj3Mi 2015 (Parkhill @ Mtn. Ranch SD)\03 Planning Commission\01-26-2015\Comments and Redlines Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 2 of 16 PLANNING COMMISSION ACTION: Required Date: January 26, 2015 O Tabled IR Forwarded O Denied Motion: Cook Second: Chesser Vote: 8-0-0 CITY COUNCIL ACTION: Required Date: February 17, 2015 O Approved O Denied BUDGETISTAFF IMPACT: None Attachments: Request Letter Petition to Vacate Utility Approvals Easement Vacation Exhibit Park Hill R-PZD site plan One Mile Map Close Up Map Planning Commission G:\ETC\Development Services Review\2014\Development Review\14-4933 VAC SW corner of Persimmon and Mtn. Ffi"-Q t\PMI 2015 (Parkhill @ Mtn. Ranch SD)\03 Planning Commission\01-26-2015\Comments and Redlines Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 3 of 16 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 . (479) 442.9127 • FAX (479) 562.4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. December 171h, 2014 City of Fayetteville 113 W. Mountain St Fayetteville, AR 72701 Attn: Planning Department Re: Parkhill @ Mountain Ranch Vacation To Whom It May Concern: Please find the following Easement Vacation request for the Parkhill @ Mountain Ranch development. This vacation is necessary to allow the R-PZD that has been approved to proceed. Please review this application and contact us with any questions that you may have. Sincerely; Blake E. Jorgensen PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS - LAND SURVEYING Planning Commission January 26, 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 4 of 16 PETITION TO VACATE EASEMENTS LOCATED IN THE CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the owners of the real estate found on the attached Easement Vacation, we are requesting that the existing easements as called on the aforementioned plat, be abandoned and vacated; lying in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said Easements which are shown on the attached Easement Vacation Plat. The petitioners kindly ask that the City of Fayetteville, Arkansas, abandon and vacate the described real estate as called out on the Easement Vacation Plat, subject, however, to the existing utility easements as required, and that the described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further ask that the described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the described real estate, subject to said utility easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this /s day of . ' , 2O14 C- g t4. 1, ,(_ Printed Name Signature Planning Commission January 26, 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 5 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12-8-2014 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 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. C Alley C Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address Parkhill @ Mountain Ranch ❑ (A TTACII 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.) X No objections provided the following conditions are met: Existing utility easements to remain until lines are relocated into the new easement at the owners expense, �A uu.F'7'u�csla S atu of Utilit ompany Representative Lead Staking Tech Title August 2014 Yage 5 Planning Commission January 26. 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 6 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Z g ,/� Q UTILITY COMPANY: /[ E/ - 5LQ€ P Gil APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant must check all that apply): 9c Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley O Street right-of-way I have been notified of the petition to vacate the following (alley, easement) right-of-way), described as follows; General location / Address Parkhill @ Mountain Ranch Fl (ATTACH legal description and graphic representation of what Is being vacated -SURVEY) UTILITY COMPANY COMly LENTS: " No objections to the vacation(s) described above, and no comments. I.1 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; Signal of UtilityCoinpanyR resentalive ?isf L arr�u�rr!- Title Augur( 2014 Page 5 Planning Commission January 26, 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 7 of 16 UTILITY APPROVAL. FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DAVE: 12/8/2014 UTILITY COMPANY: AT&T APPLICANT NAME: Jorgensen & Associates - APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant inns! check all that apply): x Utility Easement Right-ofway for alley or streets and all utility easements located within the vacated right- of way. Alley Street right-of-way I have been notified ofthe petition to vacate the following (alley, easement, right-q/=way), described as follows: General location I Address Parkhill @ Mountain Ranch O (ATTACH legal description and graphic representation of whet is being vacated -SURVEY) UTILITY COMPANY COMMENTS: X 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. (Slate the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signat�rC ui l-tility c'untp:my ItapcescnlaGvc MGR OSP Ping & Engrg Design Title I „glnl 'nl-, vice 5 Planning Commission January26, 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 8 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/11/2014 UTILITY COMPANY: J bbl I APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant must check all that apply): Is Utility Easement 0 Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. ❑ Alley G Street right-of-way I have been notified of the petition to vacate the fallowing (alley, easement, right-of-way), described as follows: General location) Address Parkhill @ Mountain Ranch d (ATTACH legal description andgraphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: !L No objections to the vacation(s) described above, and no comments. i 1 No objections to the vacation(s) described above, provided fallowing described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Developer will be responsible for all cost incuured for relocation of existing gas line in easment to he vacated. cm Signature`` of Utility Companyy RTpprescntmive l O feA\ti & a 1 ;a;ii agfr Tide Awe tst 2014 Page 5 Planning Commission January26, 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1/16/2015 UTILITY COMPANY: Cox Communications APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant must check all that apply): x Utility Easement r 1 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address Parkhill @ Mountain Ranch O (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.) X No objections provided the following conditions are met: All relocation of our existing facilites will beat the owners/developers expense. Will Lake a minimum of 90 days to relocate once new easement is filed and developer has paid relocate costs. Old easement will need to remain until we have relocated. Signatuf Utility Company Representative ro Ni S IZ\1 C I / 0!`/ A'S p41V/14E C Title August 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: ICI Y UTILITY COMPANY: i>ty o4 F► ytlfe+-ire - Sol • e (A )a 51 G APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant must check g(( that apply): a 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 (lie following (alley, easement. right-of-way), described as follows: General beadles l Address Parkhill @ Mountain Ranch n (ATTACH legal description gad 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 casements are retained. (State the location, dimensions, and purpose below,) No objections provided the following conditions are met: C ewsnevt,a,l +Crs 1\CN Title August1014 Pog.-5 Planning Commission . _.—_ _—� -__ .. ,- -.. ._ __ -- — _- --�z gen a lem 4 14-4933 Parkhill at Mtn. Ranch SD Page 10 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 11 Dec 2014- UTILITYC0MPANY: CrrY of FAYE'r1Eyf .' E WPREa4 SFWER APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant must check gff that apply): x Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement. right-of-way), described as follows: General location / Address Parkhill @ Mountain Ranch ii (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.) XNo objections provided the following conditions are mat: ME? AWflE of 7tilc- Scv4EL cgo551NG5 Signmure t4'9-'tility ( Ldtp:uty Representative WA -la. t SnOM 0FRFL# m1+5 MGR Title August 2014 Page S Planning Commission January 26, 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: /.)-._(/, h / /V tt ` UTILITY COMPANY: C -h 1 l'� \: )I P 1 (C (I f• APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant insist 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-o€way I have been notified of the petition to vacate the following (alley, casement, tight -of -way), described as follows: General location 1 Address Parkhill @ Mountain Ranch (ATTACK! 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. Na objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and put -pose below.) No objections provided the following conditions are met: Signajt re of U1ilfly Company Representative /Z,,%/rYt: ,il a/.�. ///t,, f 'title 17 Aug'.' 2014 Page 5 Planning Commission January26, 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 12 of 16 1l AV'd IWMWN• I�dIYdVd vne evr xmva vnu tlOA IITd xpl,yvJ'1A (NiY135Y3 SS � yt 1 �� I ' �'la k j 1 i S9.LtlI00SStl >8 N9SN7DU0( z w 7e� gql2 �.. i • tl' i \ S 9i�gs J$i J,! s:! E=p₹ '�� j gpd&�� ��� ; A§t: 'S •i1 �f i#i;# I #: jce,vi' / 1 It 11.1 3f¢ fl;b \ •; Ir i tt11 lam- i I 3 tial \ ii• " •' Ile, !( i \� .•\ Ilk • �.,' / / / dt i / /`{1'�; b'° i3 �5 .II �• aS � /j; 1 /// 1 # Efj# I � # 131 January26, 2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 13 of 16 z - Li +!]kIHNVINrWW IV 1'IIn YHVd ' 1 Sll\ I r) \ N N.,n*I) IIII if} I t � 1i1 I I E t II -' .ms \ '3ii n -nom a am." II1 It - � r � r�! a. - ii i r . c' lI 11 Jr' If r off � vv ', A �� 11 j L{pry -' \V -__c_._J 19p J. ff 33�� '' JJ ^Ion January 26,2015 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 14 of 16 VAC 14-4533 Close Up View iP.0.A MOUNTAIN VIEW DR PARKHILL AT MTN. RANCH SUBJECT PROPERTY BOWLING GREEN PL Legend ......• •-•• Multi -Use Trail (Existing) Future Trails VAC14-4933 Footprints 2010 Hillside -Hilltop : _! Design Overlay Design Overlay ------ Planning Area District 0 75 150 300 450 eoo Feel sMv SD n Planning Commission detwr.P}26. 2011 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 15 of 16 Agenda Item 4 14-4933 Parkhill at Mtn. Ranch SD Page 16 of 16 EXHIBIT 'A' 14-4933 VAC14-4933 PARKHILL AT MTN. RANCH Close Up View J. ill RPZD P-1 F' 1 :ivk RD SUBJECT PROPERTY .... ... .............................................. MOUNTAIN VIEW DR BOWLING GREEN PL Legend ............• Multi -Use Trail (Existing) Future Trails VAC14-4933 y2ervi611Fayetteville City Li its Footprints 2010 Hillside -Hilltop Ov rlay District [_ ! Design Overlay Di trict Design Overlay RSF4 0 75 150 300 450 60D Planning Area Feet ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4933 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED SOUTHWEST OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD TO VACATE A PORTION OF AN EXISTING 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 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 utility easement as shown on Exhibit "A" 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 and shall not be in effect until the conditions are met: 1. Any damage or relocation of existing utilities shall be at the owner/developer's expense. 2. Existing easements to remain until utilities are relocated into new easement at the owner's expense. PASSED and APPROVED this day of , 2015. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer RECEIVED ,MAR 03 NORTHWEST ARKANSAS CITY CF FAYEfTEVILI, CITY CLERK'S.OFFII IE Demo ct fl C5azette P.O. BOX 1607. FAYETTEVILLE, AR, 72702 • 479-442-1700 - FAX: 479-69"s-111£3 • WWW.NWADG.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5743 Was inserted in the Northwest Arkansas Democrat Gazette on: February 26, 2015 Publication Charges: $ 97.28 ___ Subscribed and sworn to before me This Z> day of hfM, l` ,, 2015. Notary Public I 7� My Commission Expires: Zizvk Jr.. **NOTE** Please do not pay from Affidavit. Invoice will be sent. =Comm# LES n County -# 12397118 s Feb 20, 2024