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HomeMy WebLinkAboutOrdinance 5757Doc ID: 016156280003 Type: REL Kind: ORDINANCE Recorded: 03/27/2015 at 02:08:42 PM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk Flle2015-00007950 ORDINANCE NO. 5757 AN ORDINANCE APPROVING VAC 15-4948 SUBMITTED BY USI CONSULTING ENGINEERS FOR PROPERTY LOCATED AT 3215 NORTH HILLS DRIVE TO VACATE PORTIONS OF EXISTING UTILITY EASEMENT. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following utility easement described in Exhibit `B" attached hereto and made a part thereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following conditions of approval: Existing water and sewer lines to be relocated by the applicant as approved by the City Water and Sewer Department. 2. Any damage or relocation of existing facilities and associated new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED this 17`" day of March, 2015. ATTEST: ``NN TR, , AN, Mayor ONDRA E. SMITH, City Clerk/Treas$ref. %v,• ,ilk^I�.�,,, EXHIBIT 'A' 15-4948 EXHIBITS' 15-4948 LEGAL DESCRIPTION (VACATED EASEMENT AREA 1) PART OF THE SOUTHEAST QUARTER (SE Y.) OF THE SOUTHEAST QUARTER (SE Y.) OF SECTION 27, AND PART OF THE NORTHEAST QUARTER (NE1/4) OF THE NORTHEAST QUARTER (NEI/4) OF SECTION 34 OF TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHEAST CORNER OF THE SOUTHEAST CORNER OF SECTION 27, N79°26'51.11"W 665.73 -FEET TO THE POINT OF BEGINNING, THENCE THE FOLLOWING TRACT: S20°31'01.84"W 170.26 -FEET; THENCE S71°46'13.02"E 5.79 -FEET; THENCE S18°13'46.98"W 20.00 -FEET; THENCE N71046'13.02"W 6.59 -FEET; THENCE S20°31'01.83"W 25.91 -FEET; THENCE S7°25'37.06"W 12.08 -FEET; THENCE N82°34'22.94"W 19.82 -FEET; THENCE 518°13'46.89"W 32.79 -FEET; THENCE S44°25'15.91"E 15.35 -FEET; THENCE N71°46'29.56"W 140.03 -FEET; THENCE N9°46'52.72"E 4.75 -FEET; THENCE S79029'11.66"E 107.91 -FEET; THENCE N18'13'46.98"E 247.12 -FEET; THENCE S78°08'27.03"E 46.28 -FEET TO THE POINT OF BEGINNING, CONTAINING 11,703 SQUARE FEET OR 0.27 ACRES, MORE OR LESS, AND SUBJECTTO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. LEGAL DESCRIPTION (VACATED EASEMENT AREA 2) PART OF THE NORTHEAST QUARTER (NEI/4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 34 OF TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF THE NORTHEAST CORNER OF SECTION 34, S60°58'38.08"W 871.64-FEETTO THE POINT OF BEGINNING, THENCE THE FOLLOWING TRACT: N86029'07.13"W 199.10 -FEET; THENCE N10"28'04.40"E 25.19 -FEET; THENCE S86029'07.13"E 171.05 -FEET; THENCE NO3°30'48.34"E 4.68 -FEET; THENCE S60"45'59.44"E 27.75 -FEET; THENCE 503'30'48.34"W 17.64-FEETTO THE POINT OF BEGINNING, CONTAINING 4906 SQUARE FEET OR 0.11 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 03/27/2015 02:09:42 PM and recorded In Real Estate File Number 2015-0 *7950 Kyle Sylvester- Cipduif Clmrk by �-r City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 1� •i 479-575-8323 Text File File Number: 2015-0121 Agenda Date: 3/17/2015 Version: 1 Status: Agenda Ready In Control: City Council File Type: Ordinance Agenda Number: CA VAC 15-4948 (3215 N NORTH HILLS DRIVE/WRMC WOMEN'S CLINIC): AN ORDINANCE APPROVING VAC 15-4948 SUBMITTED BY USI CONSULTING ENGINEERS FOR PROPERTY LOCATED AT 3215 NORTH HILLS DRIVE TO VACATE PORTIONS OF 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 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. Existing water and sewer lines to be relocated by the applicant as approved by the City Water and Sewer Department. 2. Any damage or relocation of existing facilities and associated new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 3/12/2015 City of Fayetteville Staff Review Form 2015-0121 Legistar File ID 3/17/2015 City Council Meeting Date- Agenda Item Only N/A for Non -Agenda Item Jeremy Pate& 2/27/2015 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 15-4948: Vacation (3215 N. NORTH HILLS DRIVE/WRMC WOMEN'S CLINIC, 250): Submitted by USI CONSULTING ENGINEERS for property located at 3251 N. NORTH HILLS DR. The property is zoned P-1, INSTITUTIONAL and contains approximately 0.27 acres. The request is to vacate portions of 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 Fund Project Title V20140710 Previous Ordinance or Resolution q Original Contract Number: Comments: Approval Date: CITY OF a e evi Ie YARKANSAS MEETING OF MARCH 17, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, Director of Planning DATE: February 27, 2015 SUBJECT: VAC 15-4948: Vacation (3215 N. NORTH HILLS DRIVEIWRMC WOMEN'S CLINIC, 250): Submitted by USI CONSULTING ENGINEERS for property located at 3251 N. NORTH HILLS DR. The property is zoned P-1, INSTITUTIONAL and contains approximately 0.27 acres. The request is to vacate portions of existing utility easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate portions of existing utility easement. BACKGROUND: This site is located in the southwest portion of the Washington Regional Medical Clinic (WRMC) campus which contains 61.45 acres and is zoned P-1, Institutional. On January 29, 2015 the Fayetteville Subdivision Committee approved a large scale development on this portion of the site for a 104,895 square foot women's medical clinic and parking garage (LSD 14-4893). There are existing easements and utilities located under the proposed building site. The applicant requests vacation of portions of utility easements, as shown on the attached plans in order to develop the proposed women's clinic addition to the hospital. The City utility departments and applicable franchise utilities have approved the requested vacation. DISCUSSION: On February 23, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 7-0-0 on the consent agenda. 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 CITY OF • ay'Fettvi1e PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: February 23, 2015 Updated with Planning Commission results SUBJECT: VAC 15-4948: Vacation (3215 N. NORTH HILLS DRIVEIWRMC WOMEN'S CLINIC, 250): Submitted by USI CONSULTING ENGINEERS for property located at 3251 N. NORTH HILLS DR. The property is zoned P-1, INSTITUTIONAL and contains approximately 0.27 acres. The request is to vacate portions of existing utility easement. RECOMMENDATION: Staff recommends forwarding VAC 15-4948 to the City Council with a recommendation for approval. BACKGROUND: Property and background: This site is located in the southwest portion of the Washington Regional Medical Clinic (WRMC) campus which contains 61.45 acres and is zoned P-1, Institutional. On January 29, 2015 the Fayetteville Subdivision Committee approved a large scale development on this portion of the site for a 104,895 square foot women's medical clinic and parking garage (LSD 14-4893). There are existing easements and utilities located under the proposed building site. The surrounding zoning and land use is listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North _ Fulbright Expressway Not applicable South __ _ Simile family dwellings: office RSF-4; RT-12; R -O West Scull Creek Trail; WRMC parking lots on Gregg Ave. P-1 East Medical office R -O Proposal: The applicant requests vacation of portions of utility easements, as shown on the attached plans in order to develop the proposed women's clinic addition to the hospital. 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 113W. Mountain Street www.fayettF9ptmat�2015 Fayetteville, AR 72701 Agenda Item 3 15-4948 WRMC Clinic Page 1 of 17 UTILITIES RESPONSE Cox Communications No objections AEP/SWEPCO No objections Source Gas No objections AT&T No objections Ozarks Electric To be provided CITY OF FAYETTEVILLE RESPONSE Water/Sewer No objections Trash & Recycling No objections Transportation Not applicable Public Comment; No public comment has been received. Recommendation: Staff recommends forwarding VAC 15-4948 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1: Prior to the City Council agenda request being submitted for this item the applicant shall provide the City Planning Division with the utility permission form from Ozarks Electric. 2. Existing water and sewer lines to be relocated by the applicant as approved by the City Water and Sewer Department. 3. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. PLANNING COMMISSION ACTION X Forwarded ❑ Denied ❑ Tabled Date: February 23, 2015 Motion: Cook Second: Selby Vote: 7-0-0 Notes: On consent ac G:\ETC\Development Services Review\2015\Development Review\ Planning Commission 15-4948 VAC 3215 N. North Hills Dr. (WRMC Clinic Addition)\03 Planning Commission\ February 23, 2015 02-09-2015\Comments and Redlines Agenda Item 3 15-4948 WRMC Clinic Page 2 of 17 BUDGET/STAFF IMPACT: None Attachments: ■ Request Letter • Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map G:1ETC\Development Services RevlevA20151Development Review\ Planning Commission 15=4948 VAC 3215 N. North Hills Dr. (WRMC Clinic Addition)\03 Planning Commission\ February 23, 2015 02-09-2015\Comments and Redlines Agenda Item 3 15-4948 WRMC ClinIG Page 3 0117 1'�tf�,titliIlblgii ffr°. t', January 8, 2015 Andrew Gamer Planning Director City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Phone : (479) 575-8262 Re: Easement Vacation Request Washington Regional Medical Center Women's Clinic and Parking Garage Addition Dear Mr. Garner: cuhn,ind room, P t Project %ilanago 181/ Ku/lee Avenue Suite ti Spnngdaie Arkansas 72762 •119 872 / 1 15 1 elephone 419 872 71 18 Facsimile www.nsrce.com Iloune tllusi-ce cool Please find enclosed submittal Items as a request to vacate existing Utility Easement on the Washington County Regional Medical Center property along North Hills Drive. A Large Scale Development has been submitted and is being considered in the current planning review cycle. The request is for the vacationing of easement within the proposed building and overhang footprint. The waterline within the Easement Area 1 will be rerouted along the driveway and new easement recorded under a separate document. The sewer line will become private for the portion under the proposed expansion. The waterline at Easement Area 2 is not within the current easement area. Therefore the current easement is being vacated and a new 20 -foot wide easement will be recorded under a separate plat with this project. Please let me know if you have any questions. Sincerely, < eC Ferdi Fourie, P.E. Project Manager February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 4 of 17 PETITION 10 VACAIE AN LASEMFNI 1_UCAI11) Al 3213 NORIII HILTS DRIVE, EIIY OF FAY11ILVIIIE, ARKANSAS 1O 1 hr I :lycurri II r ( i11 I'Lumiuo ('nnuui„inn and The I':ryrnrvillr ('ily ( 11mcil We. the undersigned, being all the owncn oI the Ical eslnle ahulline the casenlenl he1'einal'lei sought to be ahandnned and vacated, lying in 3215 North Hills Drive Oily nI Fayetteville. Arkansas.:' municipal corporation pelilion Li vacate an casenlcnl which is described as li haws: VARIABLE WIDTH UTILITY EASEMENT : FILE NO 0023-00000250 PART OF THE SOUTHEAST QUARTER (SE ''A) OF TILE SOUTHEAST QUARTER (SE 'A) OF SECTION 27, AND PART OF THE NORTHEAST QUARTER (NE1/4) OF TIIE NORTHEAST QUARTER (NE1/4) OF SECTION 34 OF TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYEI1EVILLF, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARI Y DESCRIBED AS FOLI OWS: BEGINNING AT THE SOUTHEAST CORNER OF 1HE SOUTHEAST CORNER OF SECTION 27, N7926'51.11"W 665.73 -FEET TO THE POINT OF BEGINNING, THENCE THE FOLLOWING TRACT: 5203101.84W 170.26 -FEET; THENCE S71"46'13,02"E 5.79 -FEET; THENCE 518'13'46,98"W 20 00 -FEET; THENCE N71"4513.02"W 6.59 -FEET; ]HENCE S20"31'01.83W 25.91 -FEEL; THENCE 372537.08W 12.08 - FEET; THENCE N82°34'22.94"W 19.82 -FEET; THENCE S18'13'46.89"W 32.79 -FEET; THENCE S44°25'15.91"E 15.35 -FEET; THENCE N71°46'29.56"W 140.03 -FEET; THENCE N9°46'52.72"E 4.75 -FEET; THENCE S79°2911.66"E 107.91 -FEET; THENCE N18'13'46.98"E 247.12 -FEET; THENCE 578'08'27.03"E 46.28 - FEET TO THE POINT OF BEGINNING, CONTAINING 11,703 SQUARE FEET OR 0.27 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. 25 -FEET WIDE UTILITY EASEMENT : FILE NO 0023-00000250 PART OF THE NORTHEAST QUARTER (NE114) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 34 OF TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST CORNER OF SECTION 34, 560'58'38.08"W 871.64 -FEET TO THE POINT OF BEGINNING, THENCE THE FOLLOWING TRACT: N86°29'07.13"W 199.10 -FEET; THENCE N10°28'04.40"E 25.19 -FEET; THENCE S86°29'07.13"E 171.05 -FEET; THENCE N03°30'48.34E 4.68 -FEET; THENCE 560'45'59.44"E 27.75 - FEET; THENCE S03'30'48,34"W 17.64 -FEET TO THE POINT OF BEGINNING, CONTAINING 4906 SQUARE FEET OR 0.11 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 5 of 17 That the abutting real estate affected by said abandonment of the alley are at 3215 North Hills Drive. City of Fayetteville used by the public for a period of many years. and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville. Arkansas. abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The pet it 'a aet fw lhel pr al that Ilse ahuvc hew' itmed sell] ,slat• be s erred in the abull ing pi npertc osvIICI Is provided by law WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville. Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer casements. 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 1 day of January, 201$. %Ylara- Sever Printed Name Signature Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 6 of 17 RUM_117:i 7 Al"V1n i it 1 FOR RIGHT'- OF. WAY, ALLEY, AND UTILITY EASEMENT VACATIONS January 8, 2015 DATE: UTILITY COMPANY: City of Fayetteville - Water and Sewer USI Consulting Engineers, Inc. 479-872-7115 APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check otj 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 (referring to attached document- must be completed') 3512 North Hills Drive, Fayetteville, AR 72703 (ATTACH legal description and graphic representation of what is being vacated SURVEY) UTILITY COMPANY COMMENTS. No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (Stale the location, dimensions, and purpose below.) No objections provided the following conditions are met: ANy EXISTI�1Cs W ATM op- 5'EweI. L Iris -s MUN 131 RELOCAT-EP 10'cTD EP11me _ VAS, ton. Sigaaturc„- tiWti 'ompany Representative Lutes oi1WC-r02- (icy of A„gui.l 2011 Page 5 Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 7 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS January 8, 2015 DATE: UTILITY COMPANY: City of Fayetteville - Solid Waste USI Consulting Engineers, Inc. 479-872-'/115 APPLICANT NAME: APPLICANT PI ZONE: REQUESTED VACATION (app/lea::! must check all 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 (referring to attached document- nmst be completed*') .s 3512 North Hills Drive, Fayetteville, AR 72703 (A TTACH legal description and graphic reprasentalion of what is being vacated -SUE VEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the tbllowing conditions are met: Sigi'uin's of 1113 11y Company Representative t.Ur.. 1{1 '.s i-F,•,,,1 l.'Its.,• Title A,iyrsy:2012 Page 5 Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page8 of 17 UTILITY APPROVAL FORM FOR RIGRT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: January 8, 2015 UTILITY COMPANY: Source Gas USI Consulting Engineers, Inc. 479-872-7115 APPLICANT NAME; _ __ APPLICANT PHONE: REQUESTED VACATION (applicant must check g_ll that apply): X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- o€ way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) 3512 North Hills Drive, Fayetteville, AR 72703 (A TTA Cfi legal description and graphic representation of what Is being vacatedSUR VEI9 UTILITY COMPANY COMMENTS: xNo objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Sikvt�t�r�e of Utility Company Repres/.:m� ve /� rJ Cl�C.1 P'4.'ri .+ flinc.:. li✓IC.:. a. U Ms . Augusr2022 Page 5 Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 9 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS January 8, 2015 DATE: UTILITYCOMPANY: Cox Communications USI Consulting Engineers, Inc- 479-872-7115 APPLICANT NAME: _ _ _ APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): R Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley L Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed"') 3512 North Hills Drive, Fayetteville, AR 72703 (A TTACLI legal description and graphic representation of what Is being vacated-SUR VEF) UTILITY COMPANY COMMENTS: C No objections to the vacation(s) described above. Ii No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) IS No objections provided the following conditions are met: Any damage to or relcoation of any existing facilities will be at the owners/developers expense. Can take up to 90 days to relocate once relocations costs have been paid. Signature of Utility Company Representative CONS )✓WC! 1011 M4Nn4CO2 Title August 2012 Page 5 Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 10 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS January 8, 2015 DATE: UTILITY COMPANY: AEP/SWEPCO USI Consulting Engineers, Inc. 479-872-7115 APPLICANT NAME: _ APPLICANT PHONE: REQUESTED VACATION (applicant must check g( that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. 7 Alley El Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed*) s• 3512 North Hills Drive, Fayetteville, AR 72703 (ATTACH legal description and graphic representation of what h being vacate d-SURYE ) UTILITY COMPANY COMMENTS: El No objections to the vacation(s) described above. j No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) rf No objections provided the following conditions are met: We wt!( flees 74, soect'C.I, %e.lA) aaMr�evrt5 F, �ee ,[ AA Sigi>�of tilily Company ltcprc rotative 17,5 4p,I1U'E-iAtn !NGr✓7PP/ Title Mrgw12012 Pages Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 11 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS January 17, 2015 DATE: UTILITY COMPANY: Ozark Electric USI Consulting Engineers, Inc. 479-872-7115 APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check AI( that apply) Utility Easement Right-of-way for alley or streets and all utility casements 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 (referring to attached document- must be completed••) 3512 North Hills Drive, Fayetteville, AR 72703 (A7TA CH legal description and graphic representation of what is being vacated-SUR VEY) UTILITY COMPANY COMMENTS: YNo objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions arc met: Signature T '/ of Utility Company R r enttaativc SIIJ � ey/YI SLYQI� I N� / e —c - Tide i Angun 2012 Page 5 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: January 8, 2015 UTILITY COMPANY: AT&T USI Consulting Engineers, Inc. 479-872-7115 APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant mast check aj that apply); Utility Easement Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed"*) ** 3512 North Hills Drive, Fayetteville, AR 72703 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Any AT&T facilities that require relocation or are damaged will be the responsibility of the mir I uNdy unrpany Rcpresananvc _ MGR OSP Ping & Engrg Design l'itle Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 12 of 17 GRAPHIC SCALE Q 0 20 tl ( IN FEET) 1 INCH = 40 FEET Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 13 of 17 %'l NVO dd 90L9f19L-59L Afl4© saaautSug��n 133X8 �k0 r8NYtl0 H36Wf1N12 'd ��IN'alep9uNdS 8IIQ[RSIIo3 2131N3O]VOICA J1VNOID321NOJ NIHSVM lY1dA9MI1SViON-AINOONu%vwa.N3W3SV3 I /i • i h i C Vi ' 1 N i• r February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 14 of 17 f V/ i / // - ,t/",;1iV ))c$, \ 1� VACATED EASEIVEN A A 1 VACATED�ENERAL UTILPTY h NT \ ai r 111,703 SO. AT.; !! CRE\ jp,Sn. / Y a M wag' 3 n`. //r' `wn J W `✓% GRAPHIC SCALE W 0 20 90 ( IN FEET) 1 INCH = 40 FEET EASEMENT DRAWING ONLY - NOTA SURVEY PLAT WA - -C' Consulting Springdale, A*ana e V� Engineers ®=°ou,lmel�lr ..a. Vt s7V '16 1sort / 579' r / t!1 491 4C 150P"W 1f 6 59' _S7' 35. 37.06'W 12 08' S44' 25' 15.91E 15 35' PARCEL NUMBER GRAY 765.15736-106 1 FF POB Planning Commission February 23, 2015 Agenda Item 3 15-4948 WRMC Clinic Page 15 of 17 VAC15-4948 WRMC WOMEN'S CLINIC One Mile View } ANE CIRCLE OR •-•1 t'VONne OR ' e _ qa _ _____ r • - mo y{ / `h _. I 1 r1II r�r �. i -� CIT•dpi try _ 1 •:.': W. sr SUBJECT PROPERTY _b_x4_ ' o >� N - _ gf�j�, ' �NR no _ �rIYIMYY• y-. phi, I .1 R° - )� e N° 1 �O RA wf� _... ____ _—DRAKES.�— -_ — ,II ' 6 1 a 'sLEY S7 MEADEST if ES C RA PRINCEST ��, �° pFR ftlT SIT Q7 \ �, nu 'd"'"'�"J-' Z ¢ "8'1'R9tdDe- ( £yN0EL1S.5I r- --- SUNBRI0DE 0R_o-�.. m U • -n6c P°........ 1 ...t 1 -$T iMISF e w w' STRr-' ! RA p � �.. l l RsI V I Overview Legend Hills e -Hilltop Overlay District - Subject Property [__ ! Desi rn Overlay District 1•- r� Boundary - - - r Planing Area 1 f•" I Fayt tteville -r'- 0 0.25 0.5 1 Mles PlanRirtg Co mission 2015 Agenda Item 3 154948 WRMC Clinic Page 16 of 17 15-4948 WRMC Clinic Page 17 of 17 EXHIBIT A' 15-4948 VAC 15-4948 Close Up View ii' WRMC WOMEN'S CLINIC SUBJECT PROPERTY r C ft.. I F'. I _---__-�_ I _ gem, o ,, _ _ {i RSF4 w l+tk�lystastin Fuse Trails LjJ/AC 15-4948 Fayetteville City Li its Footprints 2010 Hillside -Hilltop Ov rlay District j_ ! Design Overlay Di trict ------ Planning Area 0 75 150 300 450 600 Feet EXHIBIT 'B' 15-4948 LEGAL DESCRIPTION (VACATED EASEMENT AREA 1) PART OF THE SOUTHEAST QUARTER (SE '/4) OF THE SOUTHEAST QUARTER (SEX) OF SECTION 27, AND PART OF THE NORTHEAST QUARTER (NE1/4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 34 OF TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST CORNER OF SECTION 27, N79°26'51.11"W 665.73 -FEET TO THE POINT OF BEGINNING, THENCE THE FOLLOWING TRACT: S20°31'01.84"W 170.26 -FEET; THENCE S71°46'13.02"E 5.79 -FEET; THENCE 518°13'46.98"W 20.00 -FEET; THENCE N71°46'13.02"W 6.59 -FEET; THENCE 520°31'01.83"W 25.91 -FEET; THENCE S7°25'37.06"W 12.08 -FEET; THENCE N82°34'22.94"W 19.82 -FEET; THENCE S18°13'46.89"W 32.79 -FEET; THENCE 544°25'15.91"E 15.35 -FEET; THENCE N71°46'29.56"W 140.03 -FEET; THENCE N9°46'52.72"E 4.75 -FEET; THENCE 579°29'11.66"E 107.91 -FEET; THENCE N18°13'46.98"E 247.12 -FEET; THENCE 578°08'27.03"E 46.28 -FEET TO THE POINT OF BEGINNING, CONTAINING 11,703 SQUARE FEET OR 0.27 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. LEGAL DESCRIPTION (VACATED EASEMENT AREA 2) PART OF THE NORTHEAST QUARTER (NE1/4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 34 OF TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST CORNER OF SECTION 34, 560°58'38.08"W 871.64 -FEET TO THE POINT OF BEGINNING, THENCE THE FOLLOWING TRACT: N86°29'07.13"W 199.10 -FEET; THENCE N10°28'04.40"E 25.19 -FEET; THENCE 586°29'07.13"E 171.05 -FEET; THENCE N03°30'48.34"E 4.68 -FEET; THENCE $60°45'59.44"E 27.75 -FEET; THENCE 503°30'48.34"W 17.64 -FEET TO THE POINT OF BEGINNING, CONTAINING 4906 SQUARE FEET OR 0.11 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. ORDINANCE NO. AN ORDINANCE APPROVING VAC 15-4948 SUBMITTED BY USI CONSULTING ENGINEERS FOR PROPERTY LOCATED AT 3215 NORTH HILLS DRIVE TO VACATE PORTIONS OF 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 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. Existing water and sewer lines to be relocated by the applicant as approved by the City Water and Sewer Department. 2. Any damage or relocation of existing facilities and associated new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED this APPROVED: By: LIONELD JORDAN, Mayor day of , 2015. ATTEST: IM SONDRA E. SMITH, City Clerk/Treasurer RECEIVED NORTHWEST ARKANSAS MM 312015 Democrat 1 i CFLERK'S tS P.Q. BOX 1607. FAYETTEVILLE, AR. 72702 • 479-442-1700 - FAX: 479-695-1118 • 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 Ordinance 5757 Was inserted in the Northwest Arkansas Democrat Gazette on: March 26, 2015 Publication Charges: $ 103.76 Subscribed and sworn to before me This ?1 day of,,4/4 2015. Notary Public My Commission Expires: I ?�Z CATHY WILES **NOTE** Arkansas - Benton County Please do not pay from Affidavit. Invoice will be sent. Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024