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Home My WebLink AboutOrdinance 5718Doc ID: 015997640003 Type: REL Kind: ORDINANCE Recorded: 11/26/2014 at 02:30:59 PM Fee Amt: $85.00 page 1 of 3 Washington County. AR Kyle Sylvester Circuit Clerk File2014--00030595 ORDINANCE NO. 5718 AN ORDINANCE APPROVING VAC 14-4849 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ZION ROAD AND WATERSIDE COURT TO VACATE EXISTING UTILITY EASEMENT. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted 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 portions 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: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this 6th day of November, 2014. APPROVEQ— A''EST: . 1 s LI NELD J , Mayor LISA BRANSON, Deputy City Clem!-; —fa • l AY1 1 r: Vi i i =- jJ- f �I. ♦•ti• Z ff'�� f<<►itiia si►'�� N EXHIBIT 'A' 14-4849 VAC14-4849 TIMBERLAKE OFFICE PARK Close Up View X � U RA SUBJECT PROPERTY I s; - - -Zone RD=— Legend o w ............• Multi -Use fail (Existing) .• . Future Trails = VAC14-4849 ��enly,,ayetteville City Limits. Footprints 2010 - Hillside -Hilltop Ov rlay District Design Overlay Di Arict Design Overlay Di Arict 0 37.5 75 150 225 300 ----- Planning Area 0 Feet EXHIBIT 113' 14-4849 Easement Vacation for Parcels 765-27690-000 & 765-27691-000 Legal Description A PART OF LOTS 17 & 18 IN TIMBERLAKE OFFICE PARK, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 297, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT NORTHWEST CORNER OF SAID LOT 18, AND RUNNING THENCE NO2°29' 14"E 7.50', THENCE S87030'41 "E 114.23', THENCE SO4°42'31 "W 15.01', THENCE N87°30'41 "W 113.65', THENCE NO2°29'14"E 7.50', TO THE POINT OF BEGINNING. �t4ashtngton cousin, n, this im nstruent was kited on I ceIVY 02:30:59 FM 1112812014 ea, Estate and recorded in 1�h-00030595 dile Number Z rc it KY1e SYIVe�er. �Y City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-6323 TDD - 479-521-1316 Text File File Number: 2014-0450 Agenda Date: 11/6/2014 Version: 1 Status: Passed In Control: City Council Agenda Number: C. 3 File Type: Ordinance AN ORDINANCE APPROVING VAC 14-4849 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ZION ROAD AND WATERSIDE COURT TO VACATE EXISTING UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted 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 portions 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: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 111712014 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2014-0450 Legistar File ID 11/6/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2014 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department VAC 14-4849: Vacation (NORTHWEST CORNER ZION AND WATERSIDE COURT/TIMBERLAKE OFFICE PARK, 135): Submitted by BATES & ASSOCIATES for property located at the NORTHWEST CORNER OF ZION AND WATERSIDE COURT. The property is zoned R-0, RESIDENTIAL -OFFICE and contains approximately 0.95 acres. The request is to vacate a portion of an existing utility easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title O V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: ��- �� -� d CITY OF Tay Ile ARKANSAS MEETING OF NOVEMBER 6, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner DATE: October 14, 2014 SUBJECT: VAC 14-4849: Vacation (NORTHWEST CORNER ZION AND WATERSIDE CT./TIMBERLAKE OFFICE PARK, 135): Submitted by BATES & ASSOCIATES for property located at NORTHWEST CORNER OF ZION AND WATERSIDE CT. The property is zoned R -O, RESIDENTIAL -OFFICE and contains approximately 0.95 acres. The request is to vacate a portion of an existing utility easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate an existing utility easement. BACKGROUND: The subject 0.95 acre property contains two lots and is located on the corner of Zion Road and Waterside Court. There is a platted 15' wide utility easement centered on the property line that divides the two lots. The applicant plans to develop both lots with a single building and the easement is no longer required. DISCUSSION: On October 13, 2014 the Planning Commission recommendation for approval with a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report forwarded this item to the City Council with a Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 EXHIBIT 'A' 14-4849 EXHIBIT 1131 14-4849 Easement Vacation for Parcels 765-27690-000 & 765-27691-000 Legal Description A PART OF LOTS 17 & 18 IN TIMBERLAKE OFFICE PARK, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 297, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT NORTHWEST CORNER OF SAID LOT 18, AND RUNNING THENCE NO2029'14"E 7.50', THENCE S87030'41 "E 114.23', THENCE SO4°42'31 "W 15.01', THENCE N87030'41 "W 113.65', THENCE NO2-29'1 4"E 7.50', TO THE POINT OF BEGINNING. CITY OF ■ PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: October 13, 2014 SUBJECT: VAC 14-4849: Vacation (NORTHWEST CORNER ZION AND WATERSIDE CT./TIMBERLAKE OFFICE PARK, 135): Submitted by BATES & ASSOCIATES for property located at NORTHWEST CORNER OF ZION AND WATERSIDE CT. The property is zoned R -O, RESIDENTIAL -OFFICE and contains approximately 0.95 acres. The request is to vacate a portion of an existing utility easement. RECOMMENDATION: Staff recommends forwarding VAC 14-4849 to the City Council with a recommendation for approval. BACKGROUND: Property and background: The subject 0.95 acre property contains two lots and is located on the corner of Zion Road and Waterside Court. There is a platted 15' wide utility easement centered on the property line that divides the two lots. Surrounding land use and zoning is depicted in Table 1. __ Surroundi La Direction nd Use from Site _ North _ Undeveloped _ South Commercial/Institutional East Professional Office West Commercial Table 1 Land Use and Zoning Zoning R -O, Residential Office C-2, Thoroughfare Commercial/R-A, Residential A rg icultural R -O, Residential Office C-2, Thoroughfare Commercial Proposal: The applicant requests vacation of a utility easement as indicated on the attached survey, in order to develop the two lots with one building. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections. Mailing Address: Planning Commission 113 1N. Mountain Street wwv0WqI3At(MJl&1A.gov Fayetteville, AR 72701 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 1 of 17 UTILITIES Cox Communications AEP/SWEPCO Ozarks Electric Source Gas AT&T CITY OF FAYETTEVILLE: Water/Sewer Transportation Recycling & Solid Waste Public Comment: Staff has received no public comment. RESPONSE Any damage to or relocation of our existing facilities will be at the owners/developers expense. No objections/No comments No objections/No comments No objections/No comments No objections/No comments RESPONSE No objections/No comments No objections/No comments No objections/No comments Recommendation: Staff recommends forwarding VAC 14-4849 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 PLANNING COMMISSION ACTION: Required Date: October 13, 2014 O Tabled O Forwarded O Denied Motion: Second: Vote CITY COUNCIL ACTION: Required Date: O Approved O Denied Planning Commission G:\ETC\Development Services Review\2014\Development Review\14-4849 VAC NW Corner Zion and Waterside Ct. (TimQ#IQk@r 13, 2014 Ofc. Park)\03 Planning Commission\1 0-1 3-2014\Comments and Redlines Agenda Item 2 14-4849 Timberlake Ofc. Park Page 2 of 17 BUDGETISTAFF IMPACT: None Attachments: Request Letter Petition to Vacate Utility Approvals Easement Vacation Exhibit one Mile Map Close Up Map Planning Commission G; ETCIDevelopment Services Revlew120140evelopment Revie-M14-4849 VAC NW Corner Zion and Waterside Ct. (TlmP5ft�@r 13, 2014 Ofe. Park)k03 Planning Commission\10-13-2014\Comments and Redlines Agenda Item 2 14-4849 Timberlake Ofc. Park Page 3 of 17 �ss��iat�s, l nc_ Civil Engineering & Surveying 91 Colt Square Drive, Suite 3 / Fayetteville, AR 72703 PH: 479442-9350 / FAX: 479-521-9350 September 3, 2014 To: City of Fayetteville Planning Commission and City Council RE: Timberlake Office park Lots 17 & 18 Utility Easement Vacation This letter is to state the intent to vacate an existing Utility Easement between the shared lots line of Lots 17 & 18 of Timberlake Office Park. The existing 15 -foot easement lies across the South boundary of Lot 17 and the North boundary of Lot 18. The lots are owned by First Security Bank, and the proposed developer is Greg Sims. Mr. Sims intends combine lots 17 & 18 in order to constnict a building across the two parcels, rendering the existing easement unnecessary. We have obtained written approval of all cite applicable utilities and the City of Fayetteville without any conditions or comments. Sincerely, Derrick Thomas Bates & Associates, Inc. Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofe. Park Page 4 of 17 1,eA Bates .. l ' Associates,inc. `` , Civil Engineering Surveying 91 W. Colt Square Or./ Fayetteville, AR 72703 PH: 479-442-9350' FAX: 479-521-935U www.nwabatesinc.com 11UTIT 10N TO VACATE; A UTILITY ti:AS AS -' t.0CATED IN LOTS 17 & 18 0 TVM11VRLAKV.0FFICF. PAItK. CITY ()F FAYCTTFViLLE, ARANSA S TO: The Fayetteville City Planning Commission and The Fayetteville City Council 'Ale, the undersigned, being all (he ownersorthe real estate abutting the utility easement hereinafter sought to be abandoned and vacated, lying in lots 17 & 18 of Timberlake Office Para:, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility easement which is described as follows: A I'.%It I•tlt' I.(ITti 17 , M tt�1 I IMIItf I+.I AK f. O1'I LLL1'Alt�'.-A tii_ULl)�'�tift1N l+1 rill. J v fir FA1•GfITVI11F. ARKANSASA5511ryWNt1NP1-AI [1f IIELLt(I'}IN I.1.,11'!1(1(H{ 37n.tfi lltsi �77 PI.A f RFCf1 S OT WASIIINCi MN 'Cot IN'fY. ARKANgAS IIIJNG MOR R PARTICUI.ARLY DRSCRIflf:f) AS Fnl L(1WS,'rI -ll't f Ill 61A1NIiJ(i A V14011. tI111V 'S " �iT {Ajl Iz i 11� Sr 1f!! (sf I?i.:yNU Ill INN 1N[; I Ill.ztif:1 Ntt? ?li'I•t"I' 7 SIF III 'MC r `;1+7 t3'•tt-I- I I•I.?'1'! I II.NL'1:Silt°•13'l l"�I-1,5 .I1_t' I'1IFNCF N.97-30'4 I "W 113.65'. 1-1IENCF. NO2 29'14"R 7. 50' -t, I ,) fI IC 1101-4 f OF BF -GINNING. That the abutting real estate affected by said abandonment of the alley are lots ! 2 3, & 16 of Timberlake Office Park. a tjarcrl io Iht^-Sprllh 0%%?EzCd 1 (Thiltch�1' }esus C'hrict of Lauer nl_I 5 s1 • herpmetor 1'hri, and a parcel lig %v ' Jest oN%1)ed by I.cnr '� 1ir,nte C•etttets, 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 aband=onment of the portion of t1}a above described utility easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and server easements as required, 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. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetleville, Atkansm, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofe. Park Page 5 of 17 property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley, Dated this 3rd day of September, 2014. - '5-1 gimt tire Printed Name Signature Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 6 of 17 EASEMENT VACATION EXHIBIT N-1!111 Io Al VACA IL:) 1 0' 1 01 -. I ' , '% I% V% I"HIAl N! -I M I I I I PARK A Sl,!IIIIVI>011`1 ; 0 ill ( Ill 0[ ! ',111 1 *V71 1 1% '\\"A� \sYliMN ( -% N % 1 01 It! 1- Olt.) Iii Lit 100 Al 197. 1'1..11 RECoKO!, Ik `A 10.',! 1 1)(j" I%, ARKA% %S. Ill ING F11010. PA It I IC; It. \Rl Y Dl!fi% It I M .1) A' I 0I.t ()\VS, 10-W] I III A I :%( 'R FIIWT ST CORNER 01' -() I . .1 .. ANI I I?l N\IN(i !. i; NCI 101., �'p I :' I 1 11" S-1:7' 10 1 I'L Ill: 22 IM: f1( - 1 1'. TI (1-14CI, pp, v, rr,; I 111,5 11 r0l, - ") 1,11' 1 %f', 10 Tl II.- vWN"i)l HEI;NN1,11ti I t LOT 17 015 scRES I I tot 16 Oso Acif, 5 wl o' 00' 150' 1% 1 f D.1 j, I- k --. Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 7 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE; -1-' I -- I UTILITY COMPANY: Are APPLICANT NAME: Bates and Associates, Inc APPLICANT PHONE: 479-442-9350 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 Street right-of-way I have been notified of the petition to vacate the following utility easement, described as follows: General location /Address: l•nt5 17 !� 3K ❑f'E:imherlake Office Park (NW carngr of Zion Rd and No 11V lie . id Court © (ATTACH legal description and graphic representation of what is being vacated -SURVEY) See Attached Exhibit ZITY COMPANY COMMENTS: 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 arc met; 5ign7u nflltilityC'nmpany cpr�sentativc Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 8 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: �-I- 1 —1 y UTILITY COMPANY: /ke APPLICANT NAME: Bates and Associates. Inc APPLICANT PHONE: 479-442-9350 REQUESTED VACATION (applicant muss 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 utility easement, described as follows: General location / Address: Lots 17 & 18 of Timberlake Office Park (NW corner of Zion Rd and North Waterside Court)T' 0 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) See Attached Exhibit 7N. ITY COMPANY COMMENTS: 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; Signalu,�Kof Uiilily C4, 11, retic'iti= : iv. Titl e Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 9 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY. AND UTILITY L'ASF.MEWr VACATIONS DATVI: 08/15/2014 U I'ILITY COMPANY: AT&T APPLICANTNAME: Bates and Associates. hic APPI.ICAN'C PFIONI:: a79=142 -935U Itl QUE'S flip VACA'T'ION (appllcaur orrrsr cheek all that epplyl: 0 thility Easement Right-of-way for alley or streets and all u(ility casements locnied within the vacated right- of* way Alley Street right-ai'%vay l bave been notified of (hc petition to vactile the I'ollow•ing utility casement. described as follows: General location / Address: Lola 1712 I s of'fimberlake Office Park (NW corner of%inn Rd •md North Wa[cufldc Court © (ATTACH legal rlescrlprlurr and ornphir relrresenitrrioe ajlvlrrr! l.�• bcti+eg varulerhSLtRi�EY) Sec Attached Exhibit I I'11-ITY COMPANY CO41MENT'S: )to nbjeclions to the vacation(s) described above. and nu comments. No objections to the vaeutionts) described above. provided following described easements ore retained. (State the location. dimensions, and purpose below.) No objeclion% provided the 141lowing cunditiuns :Ire nal '. I•. I:. 1 Ii lf��t i /I 1141% 1 .11:4; •. 111 It'I 5T-. "l'f1I .111 MGR OSP PLNG & ENGRG DESIGN Ti de Planning Commission October 13. 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 10 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: a I 1 UTILITY COMPANY: -- APPLICANT NAME: Bates and Associates, Inc APPLICANT PHONE: 479-442-9350 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. Alley � Street right-of-way I have been notified of the petition to vacate the following utility casement, described as follows: General location / Address: Lots 1.7 & 18 of Timberlake Office Park (NW comer of Zion Rd and North Waterside Court (ATTACH legal description and graphic representation of what is being vacated -SURVEY) See Attached Exhibit UTILITY COMPANY COMMENTS: jC No objections to the vacation(s) described above, and no comments. J No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) i No objections provided the following conditions are met: i1 v +I' Utility Company Representative f Title Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 11 of 17 UTILITY APPROVAL FORM FOR RIGHT- OT- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: APPLICANT NAME: Bates and Associates. Inc APPLICANT PHONE: 479-442-9350 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 Street light -or -way I have been notified or the petition to vacate the following utility easement, described as follows: General location/ Address: Land l7 gh_ilu6rl17n� t �Chsr I';uk x4114' col-li(LI r=f"/,..i��it.lisl_,uul_\+xifi_1Vat�r id = Court 0 (ATTACH legal description and graphic representation of ry/eat is being vacated-SURVEI9 See Attached Exhibit UTILITY COMPANY COMMENTS: /No objections to the vacation(s) described above, and no comments. 1 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: Sii�,r>titor�� +I t ttltlty l�ill:lll;kllL fLcpresc3�trtivc Title Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 12 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND U'T'ILITY EASEMENT VACATIONS IrA'IL. 1t1 -11.11-Y C'ltivlt'A1-ly r. APPLICANT NAME: Bales and Associates. Inc APPLICANT PI IONS: 479-442-9350 RL•QUESI CD VACATION (applicant mast theeh all that apply): a Utility Easemcnl 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 utility easement, described as follows: General location I Address: Lots 17 & I R of Timberlake Office Park NW corner of Zwon Rd and Noall Wat rsi 1c Cut — El (ATTACH legal description and graphic representation of what is being Vacated-SURVE PJ See Attached Exhibit UTILITY COMPANY COMMENT'S: .leo objections to the vacalion(s) descri'acd above, and no conuncnts. No objections to the vacation(s) described above, provided followingdcscHbed casements arc retained (State Ilse location, dimensiuns, and purpose below ) No objections provided the following conditions are tnct Sig Ire of Uli vy ompany Rc iresut :drvc C6Nif«Cfr4N Gxt4 tjp.-FIC Title -- - —V --- — Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 13 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 8/15/2014 UTILITY COMPANY: Cox Communications APPLICANT NAME: Bates and Associates, Inc APPLICANT PHONE: 479442-9350 R)QUESTED VACATION (applicant must check all that apply): 0 Utility Easement Right-of-way for alley or streels and all utility easements located within the vacated right- of way. 11 Alley l Street right -of --way 1 have been notified of the petition to vacate the following utility easement, described as follows: General location / Address: Lo!: 17.£J < of'I'unhrrinl;e itjlirc: P.rrk till' cy�r, r..I:Ilyrs_ Itel.Anl Court ® (ATTACH legal description and graphic representalion of what is being vacated -SURLY) See Attached Exhibit UTILITY COMPANY COMMENTS: i1 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: Any damage to or relocation of existing facilities will be at the owner/ developers expense. 5lgnararc or } °r,LI ; r'i I.1;1 r 1 RepresCntativc Construction Planner III NWA 7 itle Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 14 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 8/28/2014 UTILITY COMPANY: SourceGas APPLICANT NAME: Bates and Associates_ Inc APPLICANT PRONE: 479-442-9350 REQUESTED VACATION (applicant must check all that apply): © Utility Easement Right-of-way for alley or sheets and all ufilily easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following utility easement, described as follows: General location I Address: Lots 17 & 18 of Timberlake Office Par1c (NW comer of Zion Rd and North Waterside Court © (ATTACH legal description andeiaphic representation of what is being vacated-SURPW19 See Attached Exhibit UTILITY CONIPANY COMI4ENTS: 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 met: 41 1% t�iI Ity Coll]Dal L� It r lire 50I IX. •r f[.- — Titf e Planning Commission October 13, 2014 Agenda Item 2 14-4849 Timberlake Ofc. Park Page 15 of 17 VAC14-4849 TIMBERLAKE OFFICE PARK One Mile View OTTONWOOD PL WDY GROVE RD DOGWOOD PI, M yH z HENSON AVE Ld ANDREW AVE z LAKE CHURGHILI AVE M LAKEVIEV%LDR ...... WINDSOR AVE 0 <Q_ W u) 0 LAKfFAYFrMWUX yY l"Tz _j Lit < a_ z _j W MAIN DR 1< u) z Lu < X m SUBJECT PROPERTY ........ .... .......... < Z X CREEK VW 1?1 P,,ALLEY4 A -CPZD CPZ0ALLEY JON om RSF4 RO 4360 ItPzaRpm RM" .2� z ROW ALU f if _ P t-7� b - t . 4P 4 J 1_ & A.W 4 �i AMP. R74 R -C RSF I WARY DR 41 R -A R A L he, r-- a t u p. ER4 st ng Mf inti Trail XI UJ R'? fI,, Trails > 01P�- T im, UF;& R A ik-'se Trail (Existing) A Trails RSF 4 0 4 4:1 -Z re J �a Overview Legend Hillside -Hilltop Overlay District Subject Property Design Overlay District Boundary Plan ing Area Fay E tteville 0 0.25 0.5 1 Miles Planning Commissl Qmlohar-13 901A Agenda Item 2 14-4849 Timberlake Ofc. Park Page 16 of 17 14-4849 Timberlake Ofc. Park Page 17 of 17 ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4849 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ZION ROAD AND WATERSIDE COURT TO VACATE EXISTING UTILITY EASEMENT. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted 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 portions 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: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this APPROVED: LIONELD JORDAN, Mayor day of , 2014. ATTEST: IN SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE FvVSPAPE:R.SLLC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES1ffJLII BENTON COUNTY DAILY RECORD 0 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, 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 5718 Was inserted in the Regular Editions on: November 13, 2014 Publication Charges: $ 97.28 qlc�� Karen Caler Subscribed and sworn to before me This 'W day of OJW , 2014. &R-1V UPJ Notary Public My Commission Expires: cif Z��'La CATHY WILES Arkansas -Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 RECEIVED NOV 2, 4 20!4 CITY OF FAAY CITY' � CR O * *NOTE* * Please do not pay from Affidavit. Invoice will be sent.