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HomeMy WebLinkAboutOrdinance 5684m F., .0 p�m1�r4 � CO:3 -<Mrim� C)ro3 '0 F—Lm Nvfv� C prC7►7 01 � v rp rrr ru � �0' pa 0 pcam-0� o� rt 7J Y F+ rt ca n -- --bto .4m W..�- x Q � p m ORDINANCE NO. 5684 AN ORDINANCE APPROVING VAC 14-4655 SUBMITTED BY CRAFTON TULL FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RAZORBACK AND 15TH STREET 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 portion of the platted utility easements 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 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 and shall not be in effect until the conditions are met: 11 A water line shall be installed from the east side of Razorback Road, travel west and stub out at University Square. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this 6th day of May, 2014. "`•~ ��'� .r , ;r APPROVED: ATTEST: By. A" &- �6 SONDRA E. SMITH, City Clerk/Treasurer VAC14-4655 Close Up View W 0 i 0 Lu W co a C-2 EXHIBIT W RAZORBACK STUDENT HOUSING 1-1 CROWNEOR 7 t4t) faw"o I_ ... ... ... .. NS Legend__-- -Multi-I e-Trall, (Existing) 1 . - . 0 "014Fayet ille City Limits I + "ervie VAC14-4655 M Footprints 2010 M Hillside -Hilltop Olrerlay District Design Overlay istrict IF I. SUBJECT PROPERTY] UT ............ 114 t4 6. WMA4 Design OverlayI istrict 0 125 250 500 750 1.000 Planning I Feet EXHIBIT "B" VAC 14-4655 Easement to be Vacated: LEGAL DESCRIPTION: PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NW1/4 OF THE SE1/4 OF SAID SECTION 20;THENCE N87°13'22"W 128.27 FEET; THENCE S02°46'38"W 108.54 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT-OF-WAY OF RAZORBACK ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING FIVE COURSES: THENCE S02042'57"W 90.32 FEET; THENCE S03°24'21"W 160.96 FEET; THENCE S12040'55"W 85.91 FEET; THENCE S18°21'12"W 235.85 FEET; THENCE S28016'46"W 96.83 FEET TO THE NORTH LINE OF A 20 FOOT WATER AND SEWER EASEMENT AS RECORDED AT RECORD 1145-735; THENCE ALONG SAID NORTH LINE N60003'54"W 20.01 FEET TO THE WEST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED AT PLAT RECORD 2002-90496; THENCE ALONG SAID WEST LINE THE FOLLOWING SIX COURSES: THENCE N28°16'46"E 94.52 FEET;THENCE N18°21'12"E 233.12 FEET; THENCE N12040'55"E 83.30 FEET; THENCE NO3°24'21"E 159.22 FEET;THENCE NO2042'57"E 83.43 FEET; THENCE N34°40'45"W 22.21 FEET TO THE SOUTH LINE OF AN ELECTRIC EASEMENT; THENCE ALONG SAID SOUTH LINE S87010'57"E 25.21 FEET TO THE WEST RIGHT-OF-WAY OF RAZORBACK ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY S34040'45"E 13.63 FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 05/19/2014 09:14:05 AM and recorded in Real Estate File Number 2014-00012025 Kyle Sylvester- Circuit Clerk by Andrew Garner Submitted By City of Fayetteville Item Review Form 2014-0195 Legistar File Number 05/06/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department VAC 14-4655: Vacation (SOUTHWEST CORNER OF RAZORBACK AND 15TH./RAZORBACK STUDENT HOUSING, 402): Submitted by CRAFTON TULL for property located at THE SOUTHWEST CORNER OF RAZORBACK AND 15TH. The property is zoned UT, URBAN THOROUGHFARE and contains approximately 4.42 acres. The request is to vacate part of a utility easement. Does this item have a cost? NO Cost of this request Account Number Category or Project Budget Funds Used to Date $0.00 Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? Budget Adjustment Attached? Previous Ordinance or Resolution # §10 Original Contract Number: Comments: J r'-->7✓iY V20130812 CITY OF 7ay t -11e AANSAS MEETING OF MAY 06, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Jeremy Pate, Development Services Director FROM: Andrew Garner, City Planning Director DATE: April 17, 2014 SUBJECT: VAC 14-4655: Vacation (SOUTHWEST CORNER OF RAZORBACK AND 15TH./RAZORBACK STUDENT HOUSING, 402): Submitted by CRAFTON TULL for property located at THE SOUTHWEST CORNER OF RAZORBACK AND 15TH. The property is zoned UT, URBAN THOROUGHFARE and contains approximately 4.42 acres. The request is to vacate part of a utility easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate a portion of an easement as requested. BACKGROUND: The subject property is located at the southwest corner of Razorback Road and 15th Street and contains 4.42 acres. There is a general utility easement along the eastern portion of the property that conflicts with a proposed development plan on this site. The applicant requests vacation of this easement. The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections. The area being vacated is surrounded entirely by property owned by the applicant. DISCUSSION: On April 14, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. 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 ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4655 SUBMITTED BY CRAFTON TULL FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RAZORBACK AND 15TH STREET 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 portion of the platted utility easements 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 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 and shall not be in effect until the conditions are met: 1. A water line shall be installed from the east side of Razorback Road, travel west and stub out at University Square. 2. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this 01TW0719-197PA"I day of , 2014. ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer VAC 14-4655 Close Up View w a - a a" 0 o - 3 x 0 W W m EXHIBIT IAO RAZORBACK STUDENT HOUSING l•1 I UT J CROWNE,QR ..,_ _ f z r .0 �. . . ................. . . ............ NS Legend :8,,Hsr • Mufti-;--l�se�'irdil�;{Existing) FUrlrraiis n e Y �l°FayettIvilfe Citylimits THF,��gr ervie VAC14-4655 Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay I istrict Design Overlay C istrict 0 125 250 ------ Planning Area i . i` SUBJECT PROPERTY P4 uj ., . Q Q WA , 500 750 1,000 Feet EXHIBIT "B" VAC 14-4655 Easement to be Vacated: LEGAL DESCRIPTION: PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NW1/4 OF THE SE1/4 OF SAID SECTION 20;THENCE N87013'22"W 128.27 FEET; THENCE S02°46'38"W 108.54 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT-OF-WAY OF RAZORBACK ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING FIVE COURSES: THENCE S02042'57"W 90.32 FEET; THENCE S03'24'21 "W 160.96 FEET; THENCE S12040'55"W 85.91 FEET; THENCE S18021'12"W 235.85 FEET; THENCE S28016'46"W 96.83 FEET TO THE NORTH LINE OF A 20 FOOT WATER AND SEWER EASEMENT AS RECORDED AT RECORD 1145-735; THENCE ALONG SAID NORTH LINE N60003'54"W 20.01 FEET TO THE WEST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED AT PLAT RECORD 2002-90496; THENCE ALONG SAID WEST LINE THE FOLLOWING SIX COURSES: THENCE N28°16'46"E 94.52 FEET;THENCE N18021'12"E 233.12 FEET; THENCE N12040'55"E 83.30 FEET; THENCE NO3°24'21"E 159.22 FEET;THENCE NO2042'57"E 83.43 FEET; THENCE N34°40'45"W 22.21 FEET TO THE SOUTH LINE OF AN ELECTRIC EASEMENT; THENCE ALONG SAID SOUTH LINE S87010'57"E 25.21 FEET TO THE WEST RIGHT-OF-WAY OF RAZORBACK ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY S34040'45"E 13.63 FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS. CITY OF Ta%yiglle ANSAS TO: FROM: MEETING DATE: PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director -Apr*4- Updated April 17, 2014 SUBJECT: VAC 14-4655: Vacation (SOUTHWEST CORNER OF RAZORBACK AND 15TH./RAZORBACK STUDENT HOUSING, 402): Submitted by CRAFTON TULL for property located at THE SOUTHWEST CORNER OF RAZORBACK AND 15TH. The property is zoned UT, URBAN THOROUGHFARE and contains approximately 4.42 acres. The request is to vacate part of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 14-4655 to the City Council with a recommendation for approval with conditions. BACKGROUND: The subject property is located at the southwest corner of Razorback Road and 15'" Street and contains 4.42 acres. There is a general utility along the eastern portion of the property that conflicts with a proposed development plan on this site. The applicant requests vacation of this easement. DISCUSSION: Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Baum Stadium 1-1, Heavy Commercial and Light Industrial South Multi -family; Town Branch Trail RMF -24, Residential Multi -family 24 Units/acre; P-1, Institutional East Railroad corridor 1-1. HeavyCommercial and Light Industrial West Commercial development; Multi- family C-2, Thoroughfare Commercial; RMF -24, Residential Multi -family 24 Units/acre Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities. All utility companies and the City have signed the required forms except for the City Water and Sewer Department. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 UTILITIES RESPONSE Cox Communications No objections Ozarks Electric Power Company No objections Source Gas No objections AT&T No objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No rWporise Recycling & Trash Collection No objections Transportation No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 14-4655 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities shall be at the owner/developer's expense. 2. Prior to the City Council agenda request being submitted, the applicant shall provide a copy of the approval form from the City Water and Sewer Department. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Date: April 14, 2014 Motion: Chesser Second: Cook Vote: 9-0-0 Notes: On consentagenda BUDGET/STAFF IMPACT: None Attachments: ■ Applicant's letter ■ Petition to vacate ■ Utility approval forms ■ Vacation plat ■ Close up map ■ One mile map X Forwarded ❑ Denied ❑ Tabled GAEMDevelopment Services Review\2014\Development Review \14-4655 VAC W of Razorback S of 15th(Razorback Student Housing) \03 Planning Commission\04-14-2014\Comments and Redlines March 4, 2014 Development Services City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Razorback Student Housing, Fayetteville, AR Easement Vacation Dear Development Services Staff, Craffon Tull archileclure I engineering I swveying car" lulls nock Oklahoma CIN nopers Russellville Tulsa Please accept this letter and the accompanying documentation for an easement vacation request associated with the new Razorback Student Housing project. We are requesting that a portion of the existing 20' utility easement running along the west side of Razorback Road be vacated in order to allow the buildings to be constructed closer to the street within the build to zone. Alternative easements are proposed for the project to allow utility companies access to the site. Utility approval forms were circulated and are included with the submittal documentation. We appreciate your review of this request, and look forward to your feedback. Please let us know If you have any questions or need any additional information. Sincerely, Crafton Tull Jonath n Ely, P.E. -/ Project Manaor'' PETITION PETITION TO VACATE AN EASEMENT LOCATED IN PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND BEING TRACT 2 OF LOT SPLIT PLAT RECORD 2002-090496, 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 Part Of The NW 1/4 Of The Se 114 Of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas And Being Tract 2 Of Lot Split Plat Record 2002- 090496, City of Fayetteville, Arkansas, a municipal corporation; petition to vacate an easement which is described as follows; LEGAL DESCRIPTION: PART OF THE NW 1/4 OF THESE 1/4 OF SECTION Z0, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NW1/4 OF THE SEl/4 OF SAID SECTION 20;1'HENCE N87'13'22"W 128.27 FEET; THENCE S02'46'SrW 109.54 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT -OF -.WAY OF RAZORBACK ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING FIVE COURSES: THENCE SOZ'42.57`w 90.32 FEET; THENCE S03'24'21'W 160.96 FEET; THENCE S32'40'S5•W 85.91 FEET; THENCE S18'21'120W 23545 FEET; THENCE S2816'45"W 96.83 FEET TO THE NORTH UNE OF A 20 F00T WATER AND SEWER EASEMENT AS RECORDED AT RECORD 1145- 73S; THENCE ALONG SAID NORTH LINE N60'03 54 W 20.01 FEET TO THE WEST UNE OF A 20 FOOT UTILTTY EASEMENT AS RECORDED AT PLAT RECORD 2002.90496; THENCE ALONG SAID WEST UNE THE FOLLOWING S0( COURSES: THENCE N!r1r5UT9T.S2 FEET.;THENCEla18'21'12`E�33:12 FEET; THENCV"12.40'55"EW;3D-FEET; TiiENCEN03'24'21'E 159.22 FEET;THENCE NO2'42%7'E 83.43 FEET; THENCE N34.40'45"W 22.21 FEET TO THE SOlrTli uNE OF AN ELECTRIC EASEMENT; THENCE ALONG SATO SOUTH UNE 587'10'57"E 25.21 FEETTO THE WEST RIGHT-OF-WAY OF RAZORBACK ROAD; THENCE ALONG SAID WEST RIGHT OF•WAY 534140'4S'E 13.63 FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of the easement are located in Part Of The NW 1/4 Of The Se 1/4 Of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas And Being Tract 2 Of Lot Split Plat Record 2002-090496 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, and that the above described real estate, be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. Page 1 of 2 WHEREFORE, the undersigned petitioners respectfully pray that the doverning body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to sold real estate sought to be abandoned be vested in the abutting property overs as provided by law, and as to that particular lend the owners be free from the easements of the publlc for the use of said easement. Dated this - 12th ..day of OW -09 2014. Wes Brindley Printed Name Signature Page 2 of 2 UTILITY APPROVAL FORM FOR RlOffr- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/1212014 U7 tLITY co?&ANY: AEP / SWEPCO APPLICANT NAHm: Jonathan Ely AppLICANT pHpm: 479-586-5647 REQUESTED VACATION (appUcant netd checit ag that app(y): ® Utility Ea went ❑ Right-of-way for alley or streets and all utlllty eesemeou loafed within the vecew right- of- way. l7 Alley ❑ Streetlight -of -way I have Beed notified of" petition to vacate the following (al* easement, rlghs-of-wap+ , described as.follows: CenenHoestion l Address West side of Razorback :Road, South or'15th Street, Fbyettevft AR O• (ATlAW 1,W d daMplton ga gmphla mpmwtadon of what is bdig vacoled SURVE19 7tNCONPAW COMMM:. UMI objections to•the�vacwlon(s) described above, and no comments, ❑ No objectlons to the ,vacefIon(s):dw ribed abovvproAded following: described easemats:ammisined. (Stats the locidoi4 dbnonsions, and purpose belaw ❑: -NoobjecOfts provided the follovdng conditions are met: - d&4 3 Ft►ot'Utlllty arty_ pptsentstzva Tide• !dots Pao$ UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/12/2014 UTILITY COMPANY: Fayetteville Water and Sewer APPLICANT NAME: Jonathan Ely APPLICANT PHONE: 479-586-5647 REQUESTED VACATION (appUcant nwst check g j( 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/Address West side of Razorback Road, South of 15th Street, Fayetteville, AR ❑ (ATTACK legal description ga 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.) J& No objections provided the following conditions are met: Llk 10S-fhFWD ' kOM FrISf SID . e* RA 09EW9 kOAPI IVNi� Wf ANO �Tl* 001, N 14N 1v a S17Y S�'Uhk� Company Representative INTI RW DR540 540 r6k W A-rR/SE (- ►- FU)L-TrD.W S Title December 2013 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/12/2014 UTILITY COMPANY: AT&T APPLICANT NAME: Jonathan Ely APPLICANT PHONE: 479-586-5647 REQUESTED VACATION (applicant must check all that apply): 0 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 West side of Razorback Road, South of 15th Street, Fayetteville, AR 13 (ATTACH legal description gad graphic representation of what is being vacated-SURVE)? 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 am retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: re. /o �. a..t " -r �' • �S Title 97 C:7 December 1011 Page 3 UTILITY APPROVAL FORM FOR RIGIM OF- WAY, ALLEY, AND UTMrrY EASEMENT VACATIONS DAT& 2112/201.4 UTII.ITYCowmy. COx.COmmunlcatlohs Akpuc NTmmm . _.Jonathan Ely APPLICANTpHONB: 479-586-5647 REQUESM VACATION (appllcam mast check gg that apply): ❑ Utility Ememeot ❑ Right-of-way for allay orstreets and all utility easements located within the vacated right- of- way. ❑ Alley 0 Shed right-of-way I have been notified of the petiticit to vwAte the followlag (alley, emement,.rfght-of-way), described as follows: Genera! lut:adon i Address West side of Razorback Road', South of 15th Street, Fayetteville, AR a (ATTACH legal description Md reprammadon of w1W is bring vacated -SURVEY) UTH= CONTANYtbUWEM: ❑ No objections to the vacs tions) described above, sad as cotmmeats. ❑ No objecdoms to Qm vacetion(s) dela Ud above. provided following described eassemems an retained. (Stats the locatio% dimandous, and purpose below.) IS No objections provided the following eonditions-are. mat: MXdamagg to or ,jjer�Heaa oflWa iest fadlitra ya he at the ownersidgm aars est. orambW cors pagis UTILITY APPROVAL FORM FOR RIGEIT OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/12/2014 UMxryC0&VANy: Source Gas APPLICANTNAm.. Jonathan Ely APPLICANTPHONF: 479-586-5847 REQUESTED VACATION (appAoant must check gg that apply): 0 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 (allex easement right-of-way), described as follows: General location/Address West side of Razorback Road, South of 15th Street, Fayetteville, AR ❑ (A7TACH legal dela l ptlon ad graphic repremntadon of what is being vacated -SURVEY) UTILITY COMPAW CONWENI'S: ❑ No objections to the vacetion(s) described above, and no oomm". ❑ No objections to the vacation(s) described above, provided following descabed easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions ate met: Title flee mber1013 Page 5 UTILITY APPROVAL FORM FOR RIGHT OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/12/2014 UTILITY coMPANY: Ozarks Electric APPLICANT NAME: Jonathan Ely APPLICANT PHONE: 479-586-5647 REQUESTED VACATION (applicant must check g{( that apply): 0 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 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location /Address -West side of Razorback Road, South of 15th Street, Fayetteville, AR ❑ (ATTACH legal description and graphic representation of what is being vacated-SURVEI9 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: j4,119nAtkiC OfUtll#t Company Representative December 2013 Page 5 EXHIBIT A 15th STREET ELECTRIC EASEMENT I I TRAdT1 II P.R. 12002-90496 I I I f— 20- WATER k SEWER LINE EASEMENT !BOOK' I1145 PAGE 7351 IWL ■f!JJ I I { I : I7 r, H NE CORNER N*114. SE1/4 SECTION 20 f -16—N, R—JO—W CORNER AS PER SURVEY PLAT /94-41658 P.O.B. GRAPHIC SCKC IN FEV 100• 0 1 mkl THIS EASEMENT SKETCH IS A REPRESENTATION OT THE SIZE. SHAPE, ANO LOCATION OF THE EASEMENT TO THNION IT Is ATTAgEO; THIS ORANING IS NOT A PUT OF SURVEY. 12108001 _ 1 KM 1 01/11/2014 1 1 0F1 EASEMENT TO BE VACATED I IMF tAfa F NUi1HER HEARING DISTANCE U N SO 54' w 70.01' L2 N 34,40,45 w 27.21' L3 S 87-1017- E25.21' L4 5 3PW 45' E 1116Y 901 N 47th SI. Suite 'L00 Rogers. Arkansas 72756 Grafton Tull ® archilecfure I engineering I surveying 479.636.4838 t 479.631 6224 If www craflonlull com VAC 14-4655 Close Up View W a - Ya O d �. 2 U W W m RAZORBACK STUDENT HOUSING SUBJECT PROPERTY HS Legend 18TH ST �'•"� FM%gFrails RwO Fayett#viille ervie VAC14-4655 Footprints 2010 Hillside -Hilltop O erlay District Design Overlay istrict Design Overlay�istrict 0 125 250 500 750 1,000 ------ Planning Area Feet V -0 kv zi I NVi. 60" i'l All ow 4V 1IIqdPr)1 m 4rr--* - 1IIqdPr)1 m NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE NIORNING NEWS OF SPRINGDALE SPMERSLLC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES i3EN1'ON COUNTY DAILY RECOiiI3 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of-. City of Fayetteville - Ordinance 5684 Was inserted in the Regular Editions on: May 15, 2014 Publication Charges: $97.28 e I O4k � AA& Cathy Wiles Subscribed and sworn to before me This /54 day of /L,6a 7 , 2014. � J Notary Public My Commission Expires: /r -9/-3//0C)33 �������� 1.18 �INSD I•Ii�rr �p1AR y Cn a `rte - C - y PUBLIC _ �'7tP11iE`' 3 • �' ` **NO r��l. QN OLiN'j *�t RECEIVED MAY 2 9 2014 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE C1R6iIYANCE NO, SW CITY OF AN ORDINANCE APPROVING VAC 14- _T �� 4655 SUBMITTED BY CRAFTON TULL FOR 'rr PROPEFr Y LOCATED AT THE SOUTHWEST TH STREEp R K a N 5 A 5 TORNER 01: RAZORBACK AND S VACATE A PORTION OFA UT UTY EASEMENT. tart 104 td vacate WHEREAS. tire City CounCii has the authority under A.C.A. $ -10 purposes: public grounds or portions thereof which are not required for carpo and WHEREAS, the City Council has determined that the following described poRwn of the platted utility. easements ere not rgqulred for corporate purposes, of.ftOW, THEREFORE, BE IT OR4AINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILL£, ARKANSAS: eoAn Sootion 1: Thdt the City Council al the ly u utility easement described n vacates :and :abandons 1110 Ioliowing portion Exhibit "B" attached herdto and made a part thereat. the Cit Clerk along with Section 2: That a Copy al this OrdlnWOD duly certikbed. y Y the map attached and labeled Exhibit"A shall be 11100 in the office of the Recorder 01 the County and recorded In the Deed Records o1 ths t {linty- conditions of Section 3: That this Vacation appy approval and shalt not be in effect until the conditions fire met= t. A water line shall be Installed from the east side Of Razorback Road, travel west and stub out at University Square. 2. Any dainag& or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this 6th day ofTY 2014. APPROVED: By: By: y:SONORA E. SMITH, City ClerkfTreasurer LIONELD JORDAN, Mayor Ein the office of the City Clerk/Treasurer. Exhibits for this ordinance may be viewed Please do not I I „ idavit. Invoice will be sent.