Loading...
HomeMy WebLinkAboutOrdinance 5812Doc ID: 016505550004 Type: REL =-- Kind: ORDINANCE Recorded: 10/16/2015 at 02:36:20 PM Fee Amt: $30.00 Page 1 of 4 ' Washington County, AR Kyle Sylvester Circuit Clerk Fi1e2015-00029586 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5812 File Number: 2015-0439 VAC 15-5177 (1375 N. LEVERETT AVE./NOBLE OAKS APTS.): AN ORDINANCE TO APPROVE VAC 15-5177 SUBMITTED BY JORGENSEN & ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1375 N. LEVERETT AVENUE TO VACATE A 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 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. The City Council of the City of Fayetteville, Arkansas hereby vacates the utility easement as described in Exhibit B attached hereto. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached hereto as Exhibit A shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the expense of the owner or developer. Page 1 Printed on 1017115 PASSED and APPROVED on 10/6/2015 Ordinance 5812 Attest: Sondra E. Smith, City Clerk Treasurer AYE I Page 2 Prinfed on 941N15 EXHIBIT 'A' 15-5177 VAC 15-5177 NOBLE OAKS APTS. Close Up View ul +� Q i - it f.r' o AWSONsr`� -� LnwsoN sr SUBJECT PROPERTY 14 ZE1AF�r i — � r " 9 •. II o- ' Ift --� Share( RA ?. ........ Neighd, Ir �-- Natural 5urfae&LTraif bye „Fayetteville City Limits ® Footprints 2410 Hillside -Hilltop Overlay District design Overlay Di 5trict Design Overlay Di 3trict 0 75 750 300 450 600 ------ Planning Area MENEM= I Feet EXHIBIT 'B' 15-5177 COMMENCING AT THE NORTHEAST CORNER OF ABOVE DESCRIBED PROPERTY, THENCE WEST 53.01 FEET, THENCE S33°11 '20"E 23.90 FEET TO THE POINT OF BEGINNING; THENCE EAST 23.90 FEET, THENCE S33°11 '20"E 89.62 FEET, THENCE WEST 56.37 FEET, THENCE NORTH 20.00 FEET, THENCE EAST 45.55 FEET, THENCE N33-1 1'20-W 65.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2,573 SQUARE FEET, MORE OR LESS. Washington County, AR I certify this instrument was filed on 10/16/2015 02:36:20 PM and recorded in Real Estate File Number 2q45- 0029586 Kyle Sylvest - G' it Clerk by City of Fayetteville, Arkansas 113 West Mountain Street + Fayetteville, AR 72701 : (479) 575-8323 Text File File Number: 2015-0439 Agenda Date: 10/6/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 16 VAC 15-5177 (1375 N. LEVERETT AVE./NOBLE OAKS APTS.): AN ORDINANCE TO APPROVE VAC 15-5177 SUBMITTED BY JORGENSEN & ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1375 N. LEVERETT AVENUE TO VACATE A 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 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. The City Council of the City of Fayetteville, Arkansas hereby vacates the utility easement as described in Exhibit B attached hereto. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached hereto as Exhibit A shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the expense of the owner or developer. City of Fayetteville, Arkansas Page 1 Printed on 10/7/2015 City of Fayetteville Staff Review Form 2015-0439 Legistar File ID 10/6/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate Submitted By City Planning / 9/18/2015 Development Services Department _ Submitted Date Division / Department Action Recommendation: VAC 15-5177: Vacation (1375 N. LEVERETT AVE./NOBLE OAKS APTS., 405): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1375 N. LEVERETT AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.31 acres. The request is to vacate a portion of a utility easement. Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Fund Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget L V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF �ttvt1e ARKANSAS MEETING OF OCTOBER 6, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Quin Thompson, Current Planner THRU: Andrew Garner, City Planning Director DATE: September 15, 2015 SUBJECT: VAC 15-5177: Vacation (1375 N. LEVERETT AVE./NOBLE OAKS APTS., 405): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1375 N. LEVERETT AVE. The property is zoned RMF- 24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.31 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to vacate a portion of an existing utility easement, with the following conditions: 1. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. BACKGROUND: The property is located west of Leverett Avenue and contains the Noble Oaks apartment complex. The applicant has requested vacation of a portion of utility easement. DISCUSSION: On September 14, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 7-0-1 (Commissioner Hoskins recused). 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 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: �L7rJ� UTILITY COMPANY. { a }- i�. b ��� �, L -t , APPLICANT NAME: -4_ti≤-C , •/ APPLICANT PHONE: 44 i _ REQUESTED VACATION (applicant must check gL 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 I Address � �©��i� 1 A —S ,4f2, T 'G'T / ' 2 / W. ktf$'/✓ 7 / �Z (A TTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signnnire.of Utility CO ink Representative se Oo,j 466_ Title December 2014 Page S CITY OF '�tt711c PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: September 14, 2015 SUBJECT: VAC 15-5177: Vacation (1375 N. LEVERETT AVE./NOBLE OAKS APTS., 405): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1375 N. LEVERETT AVE. The property is zoned RMF- 24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.31 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 15-5177 with conditions of approval. BACKGROUND: The property is located west of Leverett Avenue and contains the Noble Oaks apartment complex. The surrounding zoning and land uses are depicted in Table I Table I - Surrounding Zoning and Land Use Direction Land Use . Zoning from Site North_ Multi-fayResidential _ RMF-24 South Multi -family Residential I _ _ RMF-24 East Multi -family Residential I _ _ RMF-24 West _ Multi -fad Residential_ I RMF-24 Proposal: The applicant proposes vacation of a portion of platted utility easement containing approximately 2,753 square feet to allow development of an apartment in this area. 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 Cox Communications AEP/SWEPCO Source Gas Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 RESPONSE No objections with conditions No objections with conditions No objections Planning Commission www.fayettM0t,rah o1 2015 Agenda Item 3 15-5177 Noble Oaks Page 1 01 16 AT&T Ozarks Electric CITY OF FAYETTEVILLE Water/Sewer Trash & Recycling Transportation Public Comment: No public comment has been received. No objections with conditions No objections RESPONSE No Response N/A No objections RECOMMENDATION: Staff recommends forwarding CCP 15-5177 with the following conditions: Conditions of Approval: 1. Water and Sewer department approval must be provided prior to the item being placed on the City Council agenda 2. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 3. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Planning Commission Action: Meeting Date: September 14, 2015 Motion: Second: Vote: BUDGET/STAFF IMPACT: None. O Approved O Forwarded Attachments: • Petition to Vacate • Adjacent landowners approval • Utility Approvals • Easement Vacation Exhibit Planning Commission September 14, 2015 G:\ETC\Development Services Review\2015\Development Review\15-5177 VAC 1375 N. Leverett Agenda Item 3 Ave (Noble Oaks Apts)\03 Planning Commission\09-14-2015\Comments and Redlines 15-5177 Noble Oaks Page 2 of 16 • One Mile Map ■ Close Up Map Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5177 VAC 1375 N. Leverett September 14, 2015 p p Agenda Item 3 Ave (Noble Oaks Apts)\03 Planning Commission\09-14-2015\Comments and Redlines 15-5177 Noble Oaks Page 3 of 16 JORGENSEN +ASSOCIATES Civil Engineer rig + Surveying 8/05/2015 City of Fayetteville 113 W. Mountain St Fayetteville, AR 72701 Att: Planning Dept. Re: Easement Vacation (Sweetser) 124 VV Simnb'mdgo i;rrvo .m. 'u j i-yeCCVlle, t\I` T'7(Ir Office: 410442 )t2 t -ex 470 582.18O7 Attached please find information pertaining to an easement vacation. An apartment is planned in a portion of this area. An easement has been granted for the re-route. This is at Noble Oaks Apartments. Please call concerning any questions you may have. Thank you. Sincerely, David L.Jorgensen, P.E. Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 4 of 16 PETITION PETITION TO VACATE AN EASEMENT LOCATED IN THE CITY OF FAYETTEVILLE, ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said easement which is described as follows: (SEE ATTACHED) That the abutting real estate affected by said vacation would not be adversely affected by said vacation. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that the 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 request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that the 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 easements. Date this �i ay of. - _ . 2015. Printed Name Signature Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 5 of 16 �•� _•: R:-'<a.il'�3��S]r.Y�e'Y.'-" wd1-tir Y � 1 I{ P.0.C_, j I S90•a0'BO"E 167.62 Za?'UE 7-o rOP VACATED - _ _ _ -_:: •: - -_ ::=. �;_ : _µ 'Ra ..`v=r)Y Sf`PCR4 r G4{'•i41th'r :'-:;:=.:_=::._ _ - S9O1OOOOEE % I — I- si W . C ie°00'0a'�E 21000 _ __ — N90'00'DO £ 45.55' } y ccr iJ LI • 111 I 580 8O7SOW 54.37• / —� o • 1• o - f c LEGAL DESCRIPTION: (UTILITY EASEMENT) COMMENCING AT THE NORTHEAST CORNER OFABO VE L E G E N D DESCRIBED PROPERTY, THENCE WEST 53.01 FEET, THENCE I N S33°1I 20'E 23.90 FEEET TO THE POINT OF BEGINNING; THENCE I X CALCULATED POINT EAST 23.90 FEET, THENCE S33 -1720-E 89.62 FEET, THENCE O SEr IRON PIN WEST 56.37 FEET, THENCE NORTH 20.00 FEET, THENCE EAST 9 POWER POLE 45.55 FEET, THENCE N33.1 I'2D-W 65.72 FEET TO THE POINT OF w e EXISTING WA TERLINE BEGINNING, CONTAINING 2,573 SQUARE FEET, MORE OR LESS. LEME17LINF STREET S UTILJT? EASEMENT $• 3105WALS U1 LIrY EASEHENT JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRKDGE,SUITE) • FAYETTEVILLE, ARKANSAS 72707 • (479)442-9127 • FAX (479) 582.4857 SCALE: )3O' DATE REVISED CHECKED BY' DRAWN 6Y: PMM DATE: 2ZAPRIL15 DLJ Z:\LSD\2O14OO9\LSD UTILITY EASEMENT EXHIBIT "A" Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 6 of 16 Ilib I �jF5� I T eRmci_jj � LL!IllI!U Z :1 9 v T d I y ij=nIm I m~ A i ➢ Z .. Z it Z n� m 7mJ Z O p m nmvaa PROJECT TITLE: NOBLE OAKS � � m 0g�NxD Ib PROJECT LOCATION. FAYETTEVILLE, AR P1 hning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 7 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE? rtl�&tJl j UTILITY COMPANY _ (..1 « t� .�f+r=•: 1�: APPLICANT NAME.; 4 APPLICANT PIIONE: 4•��-. q� REQUESTED VACATION (applicant musi check all that apply); Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way, Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location I Address Noble Oaks Proiect# 2014009 Lawson & Leverett ❑ (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: ii 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: Relocation costs must be paid and facilities must be relocated into new easement before this, easeinenl can be vacated. Typical relocate time is 90 days from paid invoice. New easement must be surveyed and st:rkt eL Signature of'Utilsty ompaC riy RepresentativeT C 717W /1'9dg,�1r5�.�62 _ Title December 20/4 Page 5 Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 8 of 16 UTILITY APPROVAL FORM FOR RIGHT- ON- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: MZI UTILITY COMPANY: �I' - � ►_ ;t.. 1 LE"'3^ ^� APPLICANT NAME: .A i �C' :f.r�'.,� APPLICANT PHONE: - Zl REQUESTED VACATION (applicant must check all that apply); Utility Easement I. Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Ei 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 CI (ATTACH legal description and graphic representation of what 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. (State the location, dimensions, and purpose below.) No objections provided the following conditions are net: 5-27-2015 nntt+ orUiiiity .ornpany Representative Lead Staking Tech _ -- Title December 2014 Page 5 Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY ` CO�MYANY: �Li> ,' �J ( APPLICANT NAME: 1` � u __ APPLICANT PHONE: 7 REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley 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 I Address LI (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.) V No objections provided the following conditions are met: t^ et;G 5€.-te E' ' ,S4o >ti o vac '{t ra�.3 lS dLs&& e l t d lllr. Sw• t'w- a �!D to A_I4?ldca�`l►rv��. Sign c of Utility Company trpr enCalivc Title December 2414 Page 5 Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 10 01 16 r IV `3-111A3119AVJ :NO11VOOl 13O14 S ws o vin � IJi Idati• n to S)1YO 3100N lym>=Y''-I Yi x :311111.03PO21d �;a„ w� W a W z w {Cl q wjz l z a� °Q1 oaozgxa�'i wz i zn: N O o ti jnl • 6I m V Z u� • 0 40 "{} I I I S a s ______r - ........................................F '1 Th- 'I i1 #`l i 1' y ` - x' y�a� i y ''��y _,?`'_�'•� r„c r l . l `• 1 i 4 ;r.y rl ti - i _S '' �r ; :J- I -ji Ri; if �i r7. 111 -' 1 11 e .l i �-li -�? �) ii 4 ---•� i1' �v'l 111 1 _ I� n� -I I.t 1 '�?,l� I I .;., .. ..�, , ,-fir � —.�' :i t {�,.��� =F��:,• l rJ 1 _l, IIII �rl;iJ � I: It-I:iIr �}':x :Cif I I, i. •�Z I ,c tt T.L-n-+--' �I"' ;��L - Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY BASEMENT VACATIONS DATE: � i Iy�rly5 UlT i L r74j APPLICANT NAME;�,�! - APPLICANT APPLICANT PHONE:- p REQUESTED VACATION (applicant muss check ulj that apply): Utility Easement Might -of -way for alley or streets and all utility easements located within the vacated right- of- way. C. Alley C. Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement right-of-wrny), described as follows: General location / Address U (ATT4CBleggl description and graphic representation of what is being vacated-SURVE.i) UTILITY COMPANY COMMENTS- 2 No objections to the vacation(s) described above, and no comments. /-- No objections to the vacations) described above, provided following described easements are retairlbd, (State the location, dimensions, and purpose below.) No objections Provided the #ollowing conditions are met: Sign- ntre of Utility Company Ile pre-ititi:e December 201t Pcge 5 Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 12 of 16 trr u.ITV Al'!'f0vA.l.• ffO( M I'oi icls;i • r)1r_ 11e1Yy :+U.(l',.i D :1'?•II,3•l•'! !IiIIYYI: RvIP:UtiY: tr.ter"",,,t:i i,.i•i _.. I I'I.1(:r1\T { ti"l[:: ( I I'- ' l : i. ' AP['I.I(A iTl'I•[t)N[: 4 f VI)U-5 ii(7 Vr1t;A t S{)N tn;:jrih,v;r ur6.r1 ••hrir:k n!1 flrerr,tjr.(ii' I Jt i Iiiy E.,11:1 it Mv'lol— +(wa) &•I .:[k. ; •.1 1 Ii r.•_ I' 8i, I nk! tidily cnaC iirnis Itieii{,•1I witiln 11w YI(c:511 (I rll;i'i-.� ='.v;ly. Alley tiin•C[ rly;hli.-va) [ h:,uc bi i Iiut1[tcd of lB,: uclifiun to vIW.'kt-.: the u0llncviul;(ulflr}: e'ri.c ,iue t, rlrs-i f-nrry}, dCiilt lI its lnllns: f,:cnci al Iat.:tiort 1 �1t[III c:;:. • --•.._-. (:I i•f}i(•!I lcr;:r1 tfe.yci ip6eit rare!grtr+diir +.;,r, s'::eef.elfr+ie elf 1:131ef ii, ieg serernrr:rl-S(11tf'li iry I iii Ii'( ((1l! -\\Y f.'l) Il il:•'-i I':, :n .,,[•Icclk,l15 ltl til ela:Sl5,Iil_ i iI :.t iks c' :,brr;r . AtId IN) +rclnwlinl'. ''.1 ili)tE IiIII II) 111.• 'b?�1 uiIti J i1C4;:Cits1',I Ii,i, H•,:, I°NR'N;tl li 1[I1Yt11 ; 14eticeaiic4 .:; iI Ill: }iti I11[+ t'rw 111•:+IL41, •IIII:,.l. ;)II:.,.II:•t IIIII IO. M:inu• ) ...:: •i.i: i.c I., r. r-> _ EII I :h.• I..11i: •'ilyC ,l1. 11. 1. -II. .1-i r y I„u.lttf N">I lfii t:: i• l•ni r i,• Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 13 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: yr a UT1,lTY COMPANY: -Z V. r '. APPLICANT NAME: t i; � APPLICANT PHONLT: _44-2_i______ REQUESTED VACATION (applicant must check all 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 I Address Noble Oaks Pro)ect# 2014009 Lawson & Leverett i (ATT .4G1 legal descriprion and graphic representation of what is being vacated.-SURVEIj UTILITY COMPANY COMMENTS: ii 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 alrcctions provided the following conditions are met: Relocation costs must be paid and facilities must be relocated into new easement before this. easement can be vacated. Typical relocate time is 90 clays from paid invoice. New easement must be surveyedaiidstitkCc' — - — Signature otLhili' .:ompuy $epteaerntive V I$t.. f otv /✓/ N44'_____ Title `- Decemlrr 210,1 Page 5 Planning Commission September 14, 2015 Agenda Item 3 15-5177 Noble Oaks Page 14 of 16 VAC15-5177 INOBLE OAKS APTS. One Mile View R -C) ft ll Sj ❑ i{ r HEGKSr 1 l '. SUBJECT PROPERTY I ► '� 4 v RI PI ) f,'; RPZD n� 1j1 � I Jf .; . r *4i i 73 -- •• -� end I- • ss:Paved Trail t•rzn i orhood/Park Trail _ N -6 al Surface Trail Overview Legend Hills e -Hilltop Overlay District subject Property �_. _ Desi n Overlay District e Boundary _ _ Plan ing Area r 1 Fay tteville 0 0.25 0.5 1 M !e5 Planning Co mission September 1 2015 Agenda Item 3 15-5177 Noble Oaks Page 15 of 16 15-5177 Noble Oaks Page 16 of 16 O. BOX F3 , FAYE.TTEV€I_LEw, AP, 72702 479-442-1700 FAX: i 69 1118 = WW.NWAUG.COi 1 AFFIDAVIT OF PUBLICATION s� 6 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. 5812 Was inserted in the Northwest Arkansas Democrat Gazette on: October 15, 2015 Publication Charges: $ 90.79 Cathy Wiles Subscribed and sworn to before me This 27 day of 0f , 2015. AnLA-\ Notary Public My Commission Expires: liz-/i - **NOTE** Please do not pay from Affidavit. Invoice will be sent. ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 My Commission Expires Jul 2, 2025