HomeMy WebLinkAboutOrdinance 5791OOC
0
ID: 91643398003 Type. REL
Kind: ORDINANCE
Recorded: 09/09/2015 et 10:24:03 AM
wast hlnpto$2Countvs9eeA ' of 3
Kyle SylVester Gircult Clerk
F1102015-00025645
ORDINANCE NO. 5791
AN ORDINANCE TO APPROVE VAC 15-5116 SUBMITTED BY JOSEF TUCKER FOR
PROPERTY LOCATED AT 808 N. HIGHLAND AVENUE 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 an existing
utility easement are 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 portion of an existing utility easement as described in Exhibit "B" attached.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map
attached Exhibit "A" shall be tiled 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 condition of approval:
Any damage to or relocation of existing utilities or facilities and any associated new
easement dedication shall be at the owner/developer's expense.
PASSED and APPROVED this 18°i day of August, 2015.
APPROVFD�
ATTEST:
SONDRA E. SMITH, City Clerk Tr&ureiCt
VAC 15-5116
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15.5116
EXHIBIT W
TUCKER
C -i it
Vj VAx rI-RLN
CLEBLIRN ST f�
2ao SUBJECT PROPERTY
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EXHIBIT 'B'
15-5116
A twenty -foot (20') utility easement occupying the vacated former alleyway of Crest Lane
between the two real estate properties further described below;
806 N. Highland Avenue, Fayetteville, Arkansas 72701, more specifically
described as: a part of Block 11 and a Part of the South half of that unopended portion of Crest
Lane lying between Highland Avenue and Pollard Avenue as
vacated and abandoned by the City of Fayetteville, Arkansas, by ordinance No.
3308 recorded in Book 1258 at page 892, records of Washington County,
Arkansas, all in City Park Addition to the City of Fayetteville, Arkansas, and all
together being more particularly described as follows: Beginning at the NW
Comer of said Block 11; thence North 00 degrees 11 minutes 40 seconds West
along the East right of way of Highland Avenue 10.00 feet to an existing iron in
the center of said vacated Crest Lane; thence South 89 degrees 46
minutes 05 seconds East along the center of said vacated Crest Lane 169.86 feet;
thence South 00 degrees 06 minutes 39 seconds East 87.01 feet to an existing iron
pipe; thence North 89 degrees 58 minutes 31 seconds West 169.73 feet to an
existing iron on the West line of said Block 11; thence North 00 degrees 11
minutes 40 seconds West 77.62 feet to the point of beginning Less and except
public roads and rights of way and any easements of record.
808 N. Highland Avenue, Fayetteville, Arkansas 72701, more specifically
described as: Lot Numbered Four (4) in Block Numbered Ten (10) in the AL.
Trent to the City of Fayetteville, as designated upon A L. Trent's Revised Plat of
said Addition recorded as Plat No. 125 of the Plat Records in the office of the
Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. And,
all the North Half (N 112) of the unopened portion of Crest Lane lying between
Highland Avenue and Pollard Avenue which lies adjacent to the South line of
said Lot Numbered Four (4) as vacated and abandoned by the City of
Fayetteville, Arkansas, in Ordinance No. 3308 recorded in Record Book 1258 at
Page 892 of the records of the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas. AND A limited easement for ingress and egress
on, over and across a Part of Block 11 of City Park Addition to the City of
Fayetteville, Arkansas, which is limited to and more specifically described as
lands lying between the rock wall located on the Northern portion of said Block
11 and the South line of Lot Four (4) in Block Ten (10), of said A L. Trent's
Revised Plat.
Washington County, AR
I certify this instrument was filed on
09/09/2015 10:24:03 AM
and recorded in Real Estate
File Number 2015-00025645
Kyle Sylvester - Ccult lerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)675-8323
Text File
File Number: 2015-0354
Agenda Date: 8/18/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 7
VAC 15-5116 (808 N. HIGHLAND AVENUE)
AN ORDINANCE TO APPROVE VAC 15-5116 SUBMITTED BY JOSEF TUCKER FOR
PROPERTY LOCATED AT 808 N. HIGHLAND AVENUE 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 an existing 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 portion of an existing utility easement as described in Exhibit `B" attached.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the map attached
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 condition of approval:
Any damage to or relocation of existing utilities or facilities and any associated new easement
dedication shall be at the owner/developer's expense.
City of Fayetteville, Arkansas Page i Printed on 8120/2015
15-5116
EXHIBIT 'A'
EXHIBIT 'B'
15-5116
A twenty -foot (20') utility easement occupying the vacated former alleyway of Crest Lane
between the two real estate properties further described below;
806 N. Highland Avenue, Fayetteville, Arkansas 72701, more specifically
described as: a part of Block 11 and a Part of the South half of that unopended portion of Crest
Lane lying between Highland Avenue and Pollard Avenue as
vacated and abandoned by the City of Fayetteville, Arkansas, by ordinance No.
3308 recorded in Book 1258 at page 892, records of Washington County,
Arkansas, all in City Park Addition to the City of Fayetteville, Arkansas, and all
together being more particularly described as follows: Beginning at the NW
Comer of said Block 11; thence North 00 degrees 11 minutes 40 seconds West
along the East right of way of Highland Avenue 10.00 feet to an existing iron in
the center of said vacated Crest Lane; thence South 89 degrees 46
minutes 05 seconds East along the center of said vacated Crest Lane 169.86 feet;
thence South 00 degrees 06 minutes 39 seconds East 87.01 feet to an existing iron
pipe; thence North 89 degrees 58 minutes 31 seconds West 169.73 feet to an
existing iron on the West line of said Block 11; thence North 00 degrees 11
minutes 40 seconds West 77.62 feet to the point of beginning Less and except
public roads and rights of way and any easements of record.
808 N. Highland Avenue, Fayetteville, Arkansas 72701, more specifically
described as: Lot Numbered Four (4) in Block Numbered Ten (10) in the AL.
Trent to the City of Fayetteville, as designated upon A L. Trent's Revised Plat of
said Addition recorded as Plat No. 125 of the Plat Records in the office of the
Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. And,
all the North Half (N 112) of the unopened portion of Crest Lane lying between
Highland Avenue and Pollard Avenue which lies adjacent to the South line of
said Lot Numbered Four (4) as vacated and abandoned by the City of
Fayetteville, Arkansas, in Ordinance No. 3308 recorded in Record Book 1258 at
Page 892 of the records of the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas. AND A limited easement for ingress and egress
on, over and across a Part of Block 11 of City Park Addition to the City of
Fayetteville, Arkansas, which is limited to and more specifically described as
lands lying between the rock wall located on the Northern portion of said Block
11 and the South line of Lot Four (4) in Block Ten (10), of said A L. Trent's
Revised Plat.
City of Fayetteville Staff Review Form
2015-0354
Legistar File ID
8/18/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
City Planning /
Jeremy Pate 7/31/2015
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 15-5116: Vacation (808 N. HIGHLAND AVE./TUCKER, 445): Submitted by JOSEF TUCKER for property located at
808 N. HIGHLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 0.33 acres. The request is to vacate a portion of an existing utility easement.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Fund
Project Title
Current Budget $
Funds Obligated $
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution N
Original Contract Number:
Comments:
Approval Date:
CITY OF
a e evi le
Y ARKANSAS
MEETING OF AUGUST 18, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson
DATE: June 31. 2015
SUBJECT: VAC 15-5116: Vacation (808 N. HIGHLAND AVE./TUCKER, 445):
Submitted by JOSEF TUCKER for property located at 808 N. HIGHLAND
AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE and contains approximately 0.33 acres. The request is
to vacate a portion of a utility easement.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to vacate a portion of
existing utility easements.
BACKGROUND:
The Property is located at 808 N. Highland Ave, and contains a 2,616 square foot residence built
in 1936. The property has an unused 20' utility easement on the south boundary, which was
retained after an alley right-of-way vacation (Ord 3308, 1986).
The applicant is requesting to vacate an unused portion of utility easement containing 3,400
square feet.
DISCUSSION:
On July 27, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval by a vote of 8-0-0 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
'f�ttvi1e PLANNING COMMISSION MEMO
Y ARKANSAS
TO: City of Fayetteville Planning Commission
THRU: Andrew Garner, Planning Director
FROM: Quin Thompson, Current Planner
MEETING DATE: July -27 -20TH UPDATED 7/30/2015
SUBJECT: VAC 15-5116: Vacation (808 N. HIGHLAND AVE./TUCKER, 445):
Submitted by JOSEF TUCKER for property located at 808 N. HIGHLAND
AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE and contains approximately 0.33 acres. The request is
to vacate a utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 15-5116 with conditions of approval.
BACKGROUND;
The Property is located at 808 N Highland, and contains a 2616 square foot residence built in
1936. The property has unused 20' utility easement on the south boundary, which was retained
after an alley right-of-way vacation (Ord 3308, 1986).
The surrounding zoning and land uses are depicted in Table 1.
Table I - Surrounding Zoning and Land Use
Direction
from Site
Land Use
farr0TResldentia[
Zoning
!A........
Noo-th JSingle
South
Singly family Residential
Single family Residential
__ _ RSF-4 -
RSF-4
East
West
Single-family Residential
_ -
RSF-4
Proposal The applicant proposes vacation of an unused portion of platted utility easement
containing approximately 3,400 square feet.
DISCUSSION:
This is a fully built out neighborhood, without any expectation that the easement will be needed
in future.
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments and applicable franchise utilities, with the following responses:
Planning Commission
R --Sailing Address Jul 27. 2015
113 W. Mountain Street www.faye tiN dAtQf v2
F yeueville, AR 72701 15-5116 Tucker
Page 1 of 17
UTILITIES
RESPONSE
Cox Communications
No objections with conditions
AEP/SWEPCO
No objections
Source Gas
No objections
AT&T
No objections with conditions
Ozarks Electric
No objections
CITY OF FAYETTEVILLE
RESPONSE
Water/Sewer
No objections
Transportation
No objections
Public Comment:
An adjoining property owner returned the comment
from with no objection.
RECOMMENDATION: Staff recommends forwarding VAC 15-5116 with 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. Legal Descriptions must be revised to address
the City GIS Division comments before the
item will be submitted to City Council.
Planning Commission Action: )I Approved
O Forwarded 11 Denied
Meeting Date: July 27, 2015
Motion: COOK
Second: AUTRY
Vote: 8-0-0, ON CONSENT AGENDA
BUDGET/STAFF IMPACT:
None.
Attachments:
• Cover Letter
• Petition to Vacate
Planning Commission
July 27, 2015
G:1ETC\Development Services Review\2015\Development Review\1 5-5116 VAC 808 N. Agenda Item 2
Highland Ave (Tucker)\03 Planning Commission\07-27-2015\Comments and Redlines 15-5116 Tucker
Page 2 of 17
• Adjacent landowners approval
• Utility Approvals
• Easement Vacation Exhibit
• Aerial Image
• One Mile Map
• Close Up Map
Planning Commiusion
July 27, 2015
G:\ETC\Development Services Review12015\Development Review\15-3116 VAC 808 N. Agenda Item 2
Highland Ave. (Tucker)\03 Planning Commission\07-27-2015\Comments and Redlines 15-5116 Tucker
Page 3 of 17
Dear City Staff and Planning Commission, 6/15/15
I am writing to request a vacation of the utility easement running along the south border of my property
at 808 N. Highland Ave, Fayetteville, AR. I've attached a legal description and a survey, as well as
the City's Utility Approval Form with my full application.
There is currently an unused 20' utility easement that remains after ordinance 3300 vacated the former
Crest Lane between Highland and Pollard Avenues. That Is the easement I would like vacated.
All of the utility managers and city departments have voiced approval of the vacation, so hopefully you
can move to approve it also.
Please let me know if I can provide any further information. I appreciate your help in this matter.
Since 7 '
JoseF uc �, -
Owner, 808 N. Highland Ave.
479.531-7658
ituckerlbttandtareen com
Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 4 of 17
PETITION TO VACATE A UTILITY EASEMENT LOCATED IN_
BLOCK ELEVEN (11) IN CITY PARK ADDITION AND
LOT FOUR (4) IN BLOCK TEN (10) OF A. L. TRENT'S REVISED PLAT
TO: The Fayetteville City Planning Commission and The Fayetteville City Council
We, the undersigned, being the owners of the real estate abutting the utility easement sought to be
abandoned and vacated, lying in Block 11 in City Park Addition to the City of Fayetteville, a
municipal corporation, and Lot Numbered Four (4) in Block Numbered Ten (10) in the A.L.
Trent to the City of Fayetteville, a municipal corporation, petition to vacate an easement which is
described as follows.
• A twenty -foot (20') utility easement occupying the vacated' former alleyway of Crest Lane
between the two real estate properties further described below.2
806 N. Highland Avenue, Fayetteville, Arkansas 72701, more specifically
described as: a part of Block 11 and a Part of the South half of that unopended
portion of Crest Lane lying between Highland Avenue and Pollard Avenue as
vacated and abandoned by the City of Fayetteville, Arkansas, by ordinance No.
3308 recorded in Book 1258 at page 892, records of Washington County,
Arkansas, all in City Park Addition to the City of Fayetteville, Arkansas, and all
together being more particularly described as follows: Beginning at the NW
Comer of said Block 11; thence North 00 degrees 11 minutes 40 seconds West
along the East right of way of Highland Avenue 10.00 feet to an existing iron in
the center of said vacated Crest Lane 169.86 feet; thence South 89 degrees 46
minutes 05 seconds East along the center of said vacated Crest Lane 169.86 feet;
thence South 00 degrees 06 minutes 39 seconds East 87-01 feet to an existing iron
pipe; thence North 89 degrees58 minutes 31 seconds West 169.73 feet to an
existing iron on the West line of said Block Ii; thence North 00 degrees! I
minutes 40 seconds West 77.62 feet to the point of beginning Less and except
public roads and rights of way and any easements of record.
808 N. Highland Avenue, Fayetteville, Arkansas 72701, more specifically
described as: Lot Numbered Four (4) in Block Numbered Ten (10) in the A.L
Trent to the City of Fayetteville, as designated upon A. L. Trent's Revised Plat of
said Addition recorded as Plat No. 125 of the Plat Records in the office of the
Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. And,
all the North Half (NT 1/2) of the unopened portion of Crest Lane lying between
Highland Avenue and Pollard Avenue which lies adjacent to the South line of
said Lot Numbered Four (4) as vacated and abandoned by the City of
Fayetteville, Arkansas, in Ordinance No. 3308 recorded in Record Book 1258 at
Page 892 of the records of the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas. AND A limited easement for ingress and egress
on, over and across a Part of Block 11 of City Park Addition to the City of
Fayetteville, Arkansas, which is limited to and more specifically described as
lands lying between the rock wall located on the Northern portion of said Block
11 and the South line of Lot Four (4) in Block Ten (10), of said A. L. Trent's
Revised Plat.
' City of Fayeltevillc Ordinance #3308 (Book 1258-812) vacated Crest lane
2 See olio auac{red clmuments. Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 5 of 17
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOB RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
-
Date: I ' % i/`)
1 1 ` Addrt�ss/ to }ion ofvacation: 1 l 1 (
'a -� -�
Adjacent property address: ��( 11 . Y1 L: /lrr , ii - ° •(;
Lot:_ /I Block: � _ f•. �r 1 . r.
_(_..v_. Subdivision: - (
REQUESTED VACATION:
I have been notified of the pgtihhen to vmcote thy felhnriav, (,dki', c e,u„n right-of-wm), duscribrp(1I as £nilmvs:
(Include legal description owl grajthlr repretenm/inn of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS-
.. I have been notified of the requested vacation and decline to comment.
X I do not object to The vacation described above.
I do object to the requested vacation hecauso:
Pr&ect Name
Thomas R Bulger
N;ne ofVdr rl Property Owner (prfnled;'
$1)!na Plr[Y ut Pmpelfy O,Ntcr
Applicant Name
Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 6 of 17
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEV1 AND
UTILITY EASEMENT VACATIONS
DATE: f1 '1/ /
UTILITY COMPA� N : �t., IJ I- - f l�ll, ! e (AI 1 �/j1� ! 7
APPLICANT NAME: )� "� r(. , j� APPLICANT PHONE: Lf _]S3_I - C
J4 1 kcc& .cree4.cPrn
REQUESTED VACATION (app/kant must check MR that apply):
Utility Easement
I) Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
C Alley
I- Street right-of-way
I have been uolificd of tw petition la vacate the following (ullcy, easemern, righ(--o), described asllbllows:
General loration /Address_ fyh)t'�1 J 1 . 1' A'(r✓1 (.>L.lf-of
`p 5Q6fl] J
Fort �f till[ ^I
❑ (ATTACH legal description on graphic representation of what is being vacatedSURVEI9
UTILITY COMPANY COMMENTS
No objections to the vacation(s) described above, and no comments.
Ii No objections to the vacation(s) described above, provided following described casements are retained.
(State the location, dimensions, and purpose below.)
U No objections provided the following conditions are met:
A,-E'af Utility Company Representative
PArero z o $ W)VP0s
Title
c)17 Df �Aifq-K IJ-C
Dtcemaer 2614
Puge 5
Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 7 of 17
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:�:oM2
UTILITY : Cox Communications
APPLICANT NAME; J;, :T�.LIt { APPLICANT PHONE: Cr 7t1 O
REQUESTED VACATION (app/leant mast check all That a ` �`e$n a �i'
PPtyJ:
Utility Easement
Right-of-way for alley orstreets and all utility easements located within the vacated right - of - way.
Alley
Street right-of-way
I have been notified of the petition to vacate the, following (allay, rcasemant, rtgh/-of-wny), described asIfollows.
f r _ c� + f General location/ Address � 1 F :�_H�
�6 (��' -_aQ6 'J,
:�1l,Fh IG
(ATTACH legal dacrtptlon andgraphk npresentarion of what is being vacated-SURVE39
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to thevacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
"X No objections provided the following eandilions are net:
Anv tLunaee to or relocation of our existing facilities will be at the owners/developers expense.
Sag mre of Utility Company Represeriutive
Title
December 2014
Page 5
Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 8 of 17
Uecembe.2014
Page 5
UM LITY APPROVAL FORM
FOR RIGIff-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: ,7/I -
UT1L MPANY: �
C (A- [�
APPUCANTNAW: 7—,-Lc4'S APPUCANTPHONE: U�{fl z( -76j ,p
REQUESTED VACATION (apeh pEcsinwstookgfrhatapp,j'1ly). A 4Jne,^
/
S�" Utility Easement
Riga-oT-way tier alley or street and all utility easemems located within the vacated tight -.o€ way.
Alley
Stmet right-o£-vray
have bane rwtifiod of the piYitka in vacate the folio .tt,g (alley eoemen; r7gbt-of,tS deecrbed as�MIowrsl ll�J
General Fncatlon/Address.- .3e�ddt,d:� t1�¢°el��LliR" &)6`v. 1i:, k/YJ
Cl (A7IACE tegaJde>aipfan andgrapblcreprerenroston ofwhalE bdngvaoaled4URVEP)
UTILITY COMPANY COV iItM-
tX / No objectless to the vacation(s) descnbedabr Ve, and no-connnent$.
NO objections to the vacation(s) deseribod above, providedSollowing described easementsare retained.
(Slate the location, dimensions, nedpurpose below.)
No objections provided the followmgconditians are met
Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 9 of 17
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
S
DATE: t
(JTILI7Y COMPAN 2Gl, 3 \ J S /F'C T 1'
APPLICANT NAME: 1cz;r hx.Lc _ APPLICANT PHONE: HZ±j -j 31-7616
Iwo kes&i-u.Jreen.cQwt
REQUESTED VACATION (applicant must check alt that apply): '� 5
N Utility Easement
r. Right-of-way for alley or meets and all utility casements located within the vacated right- of- way.
Alley
r. Street right-ofway
I hove been notified of the petition to vacatethe following (alley, eoarntura, right -of way), described as tbllows:
General lorationtkddress C(n)c"bv1Cj t s- 1' --✓l L1 Cs`Crt _`(+_- _7 (J �9 �./, f �i�.L Li
I'IttP jll/I t I•
U (A MACH leg at deseriplion and graphic representation of what is being vacated-SDRVEY)
UTILI tY COMPANY COMMENTS:
)( No objections to the vacation(s) described above, and no comments.
No objections to the vacations) described above, provided following described casements are retained.
(Stile the location, dimensions, and purpose below.)
No objections provided the following conditions are men
gnnof/e iii civil/ Ompany I(eprescntative
Lead Staking Tech
Title ---
D.cenihrr 20)4
Pur 3
Planning Commission
JuJy.27_2015
Agenda Item 2
15-5116 Tucker
Page 10 of 17
UTILITY APPROVAL FORM
FOR RIGN'T- OF- WAY, ALLF,Y, AND
UTILITY EASEMENT VACATIONS
U FtLIlY COMPANY. F
.5 E'PL1CAh1 NAME I -�.aPIII It A . F: ,rvc- 1{ ! , U
jree�t. �s
uti)tJEsrEo VACAIUt (ap,ceznr rr a ;}rsA,rlt that at -phi -
V7 Utility Easement
Right-of-way for alley or 4bonls and all utility easemenis located within the vacated right- of- way
Alley
Street right-of-way
have been foci tied of the petition to vacate the following (alley, _n; erg r n a, silos ttc f n 11:-I ewe:
Gencnllnt'vtinn!Atdn 4 _ _.
6s
(AT7ACIlegal deeerip@an and graphic reprta'exration of what is being vaculed-S%RVEP)
UTILITY COMPANY COMMENTS:
No objections to the vocation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described cnxsements are reLrined.
(State the location, dimensions, and purpose betew-)
X No objections provided the following conditions are met
If any AT&T facfdies are required to be relocated due to t_h__e easement vacancy will be the
responsihiiity of the developer/ property owner
I .Illy Cw..1;.!I. ['. 1'.. vital:,.
MGR OSP PInq&Engrg Design_
iile
Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 11 of 17
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: ` II r..
UTILITY(LIPANY: /- C R ��u e c v APPLICANTNAME: J 2' e _ I v.C cs--__ APPLICANT PHONE: Lr ]']-f`�
j j - � ,
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REQUESTED VACATION (applicant insist check gll that apply): `)f 3�
� �r1 �� �
td' Utility Easement
U Rlghtof-way for alley or streets and all utility easements located within the vacated right- of- way.
C Alley
C. Street rightof-way
I have been notified of the petition to vacate the following (allay, epsement, righl-of--way), desoribcd astfoltows:
1 `. l; _l�� qL L Cenernllacation /Addresa/x}C'✓,Ikf�-t�.(?_�.(_
.�-. ;�;t -n�_-2r�iLlCi �'J +v G
(ATTACH legaldeseripfion an graphic representation ofwhotis being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
1t7 No objections ut the vacation(s) described above, and no comments.
No objections to the vacatioo(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
yK
S ignmure o
tillty Campnny Representative
11rfzIbvilnel Fn5/$IE1L _
Title
Orramdrr 2014
Page 5
.Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 12 of 17
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: A. i.,/r C
APPLICANT NAME: ).y+I- APPLICANTPHONE: (( J@zL ,iiZg
J&.4e-p.Ia d reeA.am
REQUESTED VACATION (applicant must check till that apply):
Utility Easement
fP Right.f-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
C Street right-of-way
f have been notified of the petition to vacate [lie following (alley, easement,{right-of-wajy), described astfollows-
General location/ Address.ts)t'VV.I/.,A +v-�% eJ1--Jl-�(S. 4e IQ `!_ •
0 (ATTACH legal descr)pflen gographic representation of what is being vacated-SURVR 19
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
rr
Sins{euro okhllity Company Representative
Title "
Decemberlat/
Page 3
Planning Commission
July 27, 2015
Agenda Item 2
15-5116 Tucker
Page 130117
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27 2015
Agende
15-5116 Page \o
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VAC15-5116 TUCKER
One Mile View
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L iQ r SUBJECT PROPERTY I
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Overview Legend Hills e -Hilltop Overlay District
, _ Subject PropertyOverlay
Desi n District
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_i Boundary Plan ing Area
r r�LI Fay itevife
0 0.25 0.5 1
P4anning Corm
July 27. 20151
Agenda Item 2
15-5116 Tucker
Page 16 of 17
Page 17 of 17
P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM
RECEIVED
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, 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. 5791
Was inserted in the Northwest Arkansas Democrat
Gazette on:
August 27, 2015
Publication Charges: $ 103.76
c RL
Cathy Wiles
Subscribed and sworn to before me
This / dayofcf.7 , 2015.
Notary Publi
My Commission Expires: 7/z-/Z,f
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
ASHLEY DAVIS
Arkansas - Washington County
Notary Public - Comm#t 12694247
My Commission Expires Jul 2, 2025
SEP 022015
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
oRDINlsNOE NO 8781
{
AN RDIN CE TO APFROxYE`'VAC j5-@16 • i x�.
'$UBtiMI�TED BY JD5EF T♦1 B FGI%-2NNTY _ °
L04,1A!fE94T'5 HIGHIAf$p, AVENUEiO hT,E "' ' Ap 61M -7
AFOR1lOtl OF J EXIST$G1JTB1TY EASF,b1ENT
WHEREAS UreCily Council has the rBy under A.C;9 t14--104 to vacatB public
grounds m pmilon °thereof which em not required for corpora urpnss sod
WHEREAS, lie City Council`lleg determined that the iW wlflg'de*dbed portion of an
existing utility easement are not required for corporate purposes;
NOW THEREFORE, BE IT -ORDAINED BY THE CRY COUNCILE'OF°°=THE CITY OF
pAYETTwILLE ARKANSAS: ..,,x ...:.,<-.�,.'.
Secss&!11The#>fie City Council of the -City of Fayetteville, Arkansas hereby vacatea.andl.
ab ndons the follow) rg portion of an exbpng,utility ,easement as described In Exhibit
B"attached. ''.
sadImi 2 That a copy 01 this ordinence.dWy certified by the City Clerk along with the
map attached Exhibit A shall be flied in -the office 'of he Recorder `,o theCounty and
recorded in the Deed Records of the County. ,.
becffug.;E That this vacation approval is subject to the following condlapn of aprnvN:
An{ damage to or relocntfonrof existing utlllpBe or iSCJISIe ;aptly nY associated vwew
?easeme ' dlcation eflall beat ttre`ownerRl elopers epee,
=PASSEW an1APPy011Ep lfiie18Gi day of AUAdst, 2015
APYBOVED ,. - _ ATTEST ..
By: BY:
J tiI ,LD.J0�gl4S, M .or SONOHA E. SMITH, City Clerk Treasurer
$ii ll
Ek11b jor dndinen'�•may be-ideHred Jn the oQfce?btihe CIgr,Clark 7lnH@urer., `