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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
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EXHIBIT W
RAZORBACK STUDENT HOUSING
1-1
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M Hillside -Hilltop Olrerlay District
Design Overlay istrict
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SUBJECT PROPERTY]
UT
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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
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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
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EXHIBIT IAO
RAZORBACK STUDENT HOUSING
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Design Overlay I istrict
Design Overlay C istrict
0 125 250
------ Planning Area
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SUBJECT PROPERTY
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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
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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
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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
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RAZORBACK STUDENT HOUSING
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Footprints 2010
Hillside -Hilltop O erlay District
Design Overlay istrict
Design Overlay�istrict
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------ Planning Area Feet
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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
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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.