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HomeMy WebLinkAboutOrdinance 5744f l��f ��l III!'ll III IIII'I ffrf I �f 111 ILII �f Ill lllll ILII IILII IIIII IIIII IIIII f f fI IIII Doc ID: 016156210003 Type: REL Kind: ORDINANCE Recorded: 03/27/2015 at 02:04:21 PM Fee Amt: $25.00 Page 1 of 3 WashKylester fSVlvengtn nClrcuit Clerk File2915_00007943 ORDINANCE NO. 5744 AN ORDINANCE APPROVING VAC 14-4935 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT THE NORTH END OF RAVEN LANE TO VACATE A PORTION OF AN EXISTING UTILITY EASEMENT. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the 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 condition of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this 17th day of February, 2015. APPROVED: ATTEST: r By: By: O ORDAN, Mayor SONDRA E. SMITH, City C[erk/Teeasbr'&YETT E.V1I i EXHIBIT 'A' 14-4935 EXHIBIT'B' 14-4935 LEGAL DESCRIPTION: A part of the SW1/4 of the SE1/4 of Section 29, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said SWI/4, SE1/4, thence NO2'53'20"E 529.69 feet to the POINT OF BEGINNING; thence NO2'53'20"E 38.33 feet, thence S28033'54"E 164.00 feet, thence along a non tangent curve to the left 68.32 feet, said curve having a radius of 244.50 feet and chord bearing and distance of SO4029'57"E 68.10 feet, thence along a curve to the right 33.94 feet, said curve having a radius of 455.50 feet and a chord bearing and distance of S10022'10"E 33.93 feet, thence N87004'11"W 9.78 feet, thence N08010'59"W 76.69 feet, thence N28o33'54"W 148.72 feet to the POINT OF BEGINNING: Containing 3,885.00 square feet or 0.0892 acres more or less subject to easements and right of way of record. Washington County, AR I certify this instrument was filed on 03127/2415 02:04:21 PM and recorded in Real Estate File Number 2015-0 079 Kyle Sylvester - Ci uit by := City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 Text File -- File Number: 2015-0064 Agenda Date: 2/17/2015 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: D. 4 VAC 14-4935 (N. RAVEN LN./COBBLESTONE SUBDIVISION PH 4): AN ORDINANCE APPROVING VAC 14-4935 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT THE NORTH END OF RAVEN LANE TO VACATE A PORTION OF AN EXISTING UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the 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 condition 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 2/182015 City of Fayetteville Staff Review Form 2015-0064 Legistar File ID 2/17/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 1/30/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 14-4935: Vacation (N. RAVEN LN./COBBLESTONE SUBDIVISION, PH. 4, 207): Submitted by JORGENSEN & ASSOCIATES for property located at NORTHERN END OF RAVEN LN. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.09 acres. The request is to vacate a portion of an existing utility easement. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Fund Project Title Remaining Budget $ - V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: O - n -l6 CITY OF ttV1lle ARKANSAS MEETING OF FEBRUARY 17, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner DATE: January30, 2015 SUBJECT: VAC 14-4935: Vacation (N. RAVEN LN./COBBLESTONE SUBDIVISION, PH. 4, 207): Submitted by JORGENSEN & ASSOCIATES for property located at NORTHERN END OF RAVEN LN. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.09 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 existing utility easement. BACKGROUND: The subject property is a part of the proposed Cobblestone Phase IV subdivision (PPL 14-4778). During a previous phase, City sewer was extended to the property line along a future extension of Raven Lane. The Raven Lane extension was re -aligned during the Cobblestone IV design phase (ADM 14-4840), and the existing sewer main and easement are no longer needed in this location. DISCUSSION: On January 26, 2015 the Planning Commission forwarded this item to the City Council with a 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 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF Vj T1, e PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: January 26, 2015 SUBJECT: VAC 14-4935: Vacation (N. RAVEN LN./COBBLESTONE SUBDIVISION, PH. 4, 207): Submitted by JORGENSEN & ASSOCIATES for property located at NORTHERN END OF RAVEN LN. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.09 acres. The request is to vacate a portion of an existing utility easement. RECOMMENDATION: Staff recommends forwarding VAC 14-4935 to the City Council with a recommendation for approval. BACKGROUND: Property and background: The subject property is a part of the proposed Cobblestone Phase IV subdivision (PPL 14-4778). During a previous phase, City sewer was extended to the property line along a future extension of Raven Lane. The Raven Lane extension was re -aligned during the Cobblestone IV design phase (ADM 14-4840), and the existing sewer main and easement are no longer needed in this location. Surrounding zoning and land use is depicted in Table 1. Table I Surrounding Land Use and Zoning Direction from Site Land Use Agricultural/undeveloped Single Family Residential North South , East � rig cultural/undeveloped West Residential/Agricultural Zoning R -A, Residential Agricultural RSF-4, Single Family Residential, 4 Units/acre RSF-4, Single Family Residential, 4 Units/acre Unincorporated Washin togn County_ Proposal: The applicant requests vacation of a portion of utility easement, as shown on the attached plat. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Mailing Address: Planning Commission 113 W. Mountain Street www.fayJ� tta2 v Fayetteville, AR 72701 Agenda Item tem 14-4935 Cobblestone S/D Page 1 of 16 UTILITIES Cox Communications AEP/SWEPCO Source Gas AT&T Ozarks Electric CITY OF FAYETTEVILLE: Water/Sewer Trash & Recycling Transportation Public Comment: No public comment has been received. RESPONSE No Objections, any damage or relocations of existing facilities will be at owner/developer expense. No Objections No Objections No Objections No Objections RESPONSE No Objections No Objections No Objections Recommendation: Staff recommends forwarding VAC 14-4935 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 1PLANNING COMMISSION ACTION: Required 1Date: January 26, 2015 IMotion: O Tabled O Forwarded f CITY COUNCIL ACTION: Required Second: O Denied Vote: Date: February 17, 2015 O Approved O Denied Planning Commission January015 G:\ETC\Development Services Review\2014\Development Review\14-4935 VAC North Raven Ln. (Cobblestone SD- Ph 4)\03Agenda Ite262 Planning Commission\01-26-2015\Comments and Redlines Agenda Item 2 14-4935 Cobblestone S/D Page 2 of 16 BUDGET/STAFF IMPACT: None Attachments: Request Letter Petition to Vacate Utility Approvals Easement Vacation Exhibit One Mile Map Close Up Map Planning Commission G:iETCIDevelopment Services Review\2014kDeielopnienl Review114.4935 VAC North Raven Ln. (Cobblestone SD- Ph 4) 0&lannary 26.2015 PIannrng Coirrmission10l-26-20151Camments and Redlines Agenda Item 2 14.4935 Cobblestone 610 Page 3 of 16 JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 PAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. December 17th, 2014 City of Fayetteville 113 W. Mountain St Fayetteville, AR 72701 Attn: Planning Department Re: Cobblestone Subdivision Phase 4 To Whom It May Concern: As part of the Cobblestone Phase 4 Subdivision, an existing easement that was platted for a sewer main, will be abandoned. The existing sewer line followed the old planned street extension, the alignment has changed and therefore, the sewer line will be moved to the new alignment. Please review this application and contact us with any questions that you may have. Sin erely; 7 Jorgensen • PUBLIC WORKS • LAND DEVELOPMENTS WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone SID Page 4 of 16 PETITION TO VACATE EASEMENTS LOCATED IN THE CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the owners of the real estate found on the attached Easement Vacation, we are requesting that the existing easements as called on the aforementioned plat, be abandoned and vacated; lying in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said Easements which are shown on the attached Easement Vacation Plat. The petitioners kindly ask that the City of Fayetteville, Arkansas, abandon and vacate the described real estate as called out on the Easement Vacation Plat, subject, however, to the existing utility easements as required, and that the described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further ask that the described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the described real estate, subjectto said utility easements, and that 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 the easements of the public for the use of said alley. Dated this day of , 2014 &Ql2VL t2C��l5 Printed Name Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone S/D Page 5 of 16 +• 1L.E4 ElV 111J J + i X CALC[H.ATED POINT Nt02°53'20'E i 1 `; 1 oUNr1 S1ONL 3$.33' ., PROPOSED 8` SWR-- --;. . NI IVATER VALVE � ® EXISTING MANHOLE W E P.O.B. f 20' U.E. I 1 . (TO BE In say^• UP fIYFA5fFtFNj T4 RF VA CAW S VACTED) Ii RU1LOING SMACK +I . � BUILVIN6 SETHACR fF'\ •u • { I i j.9t91 r IfvG I)' 5!: 6/L It . 1 .•- '` 1 I I r'r/OPOSFf1 n -sr i _ � . III ` .-.. - - _• _ _ -. -- �x� I'r 1 if?Lti'tl:it. t/' V/A11 LIN( 1 it - — �'�• r I + ; L!, I EX. 8' S WR' • I (TO RE RELOCATED) - f I P of I 1 �` I � zI � I OWNER/DEVELOPER. x • 0 1 l t, _--f ROf OSLi0 8" WTR } �� U•E a l: L w 1 1�yt ll RIVFRWOOD HOMES, LLC q+' ��ll {' ��, 'VE MARK MARQUESS l 3065 N COLLEGE AVE, #21 yI FAYETTEVILLE, AR 72703 slm J I 4 Rh555Q � r oo � � u. ' t1 SI, A l l i • '-EA 8" W7R 87"04'!1'4Y l ul •'\ fll y i 1 9.79' } 90 '� II I SW CORNER LEGAL DESCRIPTION; SE//4 2-17- 30 9 A part of the SW I/4 of the SE1/4 of Section 29, T17N, R30W in Washington County, Arkansas, and being (FOUND described as follows: Commencing at the SW Corner of said SWI/4, SE1/4, thence NO2°53'20"E 529.69 feet to (FOUND STONE) the POINT OF BEGINNING; thence NO2°53'20"E 38.33 feet, thence S28°33'54"E 164 00 feet, thence along a non tangent curve to the left 68 32 feet, said curve having a radius of244.50 feet and chord bearing and distance of SO4°29'57"E 68 10 feet, thence along a curve to the right 33 94 feet, said curve having a radius of 455 50 feet and a chord bearing and distance of SI0'22'10"E 33 93 feet, thence N8704'11 "W 9.78 feet, thence NOO'10'59"W 76.69 feet, thence N2833'54 "W 148.72 feet to the POINT OF BEGINNING: Containing 3,885.00 square feet or 0.0892 acres more or less subject to easements and right of way of record- - JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WES I• SUNBRIDGE, SUITES • FAYETfEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479)5112-41)07 SCALE: I"=50' DATE REVISED CHECKED BY: DRAWN BY: BJR DLJ Z:ISUBD12014046\UEVACATE DATE: 20NOV14 COBBLESTONE SUBDIVISION PHASE 4 UTILITY EASEMENT VACATION Planning Commit Iron January 26.2015 Agenda Item 2 14-4935 Cobblestone SID Page 6 of 15 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: source gas APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant must check al that apply): PC Utility Easement U Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. O Alley i 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 Cobblestone Subdivision Phase 4 Li (A7'7ACH legal description and graphic representation of what is being vacated-SURVEI7 UTILITY COMPANY COMMENTS: �p1 No objections to the vacation(s) described above, and no comments. //❑ No objections to the vacation(s) described above, provided following described easements arc retained. (State the location, dimensions, and purpose below.) 17 No objections provided the following conditions are met: Signanire of Utility Company Repre fntativc V+ S — 7 -Vi OF FIJI pf 1-. Title dagus7 2014 Page 5 Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone S/D Page 7 of 16 UTILITY APPROVAL FORM FOR RIGIHT. OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: i1-2, UTILITY COMPANY: ,1 APPLICANT NAME: I%V. rWpjhp� �eine APPLICANT PHONE: >3e aSDl'i� REQUESTED VACATION (applicant must check all that apply): Utility Easement O Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. LA Alley Street right-of-way I have been notified of the petition to//vacate the following o((alley, easement, eright-of-way), described as follows: General location /Address Ls/IN�PSr' 22 Pose l ❑ (ATTACH legal description and graphic representation of what Is being vacated -SURVEY UTILITY' COMPANY COMMENTS: fl% No objections to the vacation(s) described above, and no comments. 7 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: yi�at o Utility s any presentative Title August 2014 Page S Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone S/D Page 8 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/15/2014 UTILITY COMPANY: AT&T APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant ntu.st check rrll that apply): k 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 or the petition to vacate the Following (alley, easement, right-q/-wgy), described as Follows: General location / Address Cobblestone Subdivision Phase 4 (-1 TTACH legal description am/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 met: 5inonfKI Utility Company Representative MGR OSP Ping & Engrg Design ride b,gasv 2014 Page 5 Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone S/D Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: _ O l _ UTILITY COMPANY: ( Iv y n { �, yu' (cL.. � �c� I C /� ! Re,, 1 -y APPLICANT NAME: Jorgensen & Associates APPLICANT PI LONE: 442-9127 REQUESTED VACATION (applicant must check all that apply): !x Utility Easement U 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 Cobblestone Subdivision Phase 4 I] (ATTACH legal description an graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: jo 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: (.I4 Ii: Title August 2014 Page 5 Planning Commission January 26, 2015 .._ _ °Agenda ltem,2--... 14-4935 Cobblestone S/D Page 10 of 16 UTILITY APPROVAL FORM 11 OR RIGHT- OF- WAY, ALLEY, AND U'T'ILITY EASEMI:N'r VACATIONS DA'rr:: 1 �- ? _ / ITTLITY COMPANY:s� ��Yr�r)!?+ K1f;• APPL[CANTNAMI: 1tiilLprw,p Qp'h P4 APPLICANT PHONE: �3D— 49 REQUI STrD VACATION (applicant,nnst check all that apply): Utility Casement Right-of-way for alley or streets raid all utility easements located within the vacated tight- of- way. Alley Street right -of --way I have been notified of the petition Co vacnto the Following (alley, easement. right-of-way), described as follows: General location / Address 1 t (4TTACFI legal ik crfptlan n�rilgreplrlc represan(atlon of tv/rat 1s heing vacated -SURPC Y) UTILITY COMPANY COMMI NTS: Ve No objections to the vucntion(s) dcscribcd above, and no comments. No objections to the vacation(s) described above, provided following dcscribcd easements arc retained. (Store the location, dimensions, and purpose below,) No objections provided the following conditions are met: -'tltiIIIIC Uj .tJittltt)' (O1Itl7ttly ketracSctltatSvc •i /,_._.�. ffr1 1f 1) diVisr 20!.! P'w'- S Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone SID Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/15/2014 UTILITY COMPANY: p�Q)G G�gI�'�7upllGtaQ,t� APPLICANT NAME: F� i u tp 1x8-tn.� APPLICANT PHONE: _ 3 c — REQUESTED VACATION (applicant must check that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. L, Alley Street right-of-way have been notified of the petition to vacate the following (alley, easement, right -of -wiry), -w ( f y 'g ay), described as follows: General location / Address O (ATTACH legal description and graphic representation of what is being vacated-SCIRVE1') 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 condition are met: Any damage to or relocations of existing facilites will be at the owners/developers expense. Sig iaature ff IJtilit CornpnnyRepresentative l \L 1 irrmod" Title August 2014 Pages Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone SID Page 12 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12-15-2014 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: Jorgensen & Associates APPLICANT PI IONIi: 442-9127 REQUESTED VACATION (applicant must check all that apply): x Utility Easement ❑ Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. L Alley L 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 Cobblestone Subdivision Phase 4 X (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMME,N'I'S:- No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) J No objections provided the following conditions are met: Q442 7'11c4 oilftiIit ('ompany Representative Lead Staking Tech Title August 2014 Page 5 Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone SID Page 13 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2 91-C,DI 4 C r UTILITY COMPANY: C iTY'F fAYLiI� x IL1-r' [I1M t J CWEK APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127 REQUESTED VACATION (applicant must check all that apply): x 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 / Address Cobblestone Subdivision Phase 4 I7 (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.) No objections provided the following conditions are met: Sil!malurr uttjfrlit ( ntnlsanl' Representative 6� IF1J'\ WV -Ty Title August 20/4 Page 5 Planning Commission January 26, 2015 Agenda Item 2 14-4935 Cobblestone S/D Page 14 of 16 VAC14-4935 COBBLESTONE SID PHASE 4 Close Up View S. L � � r SUBJECT PROPERTY r ■ R$F-4 r ti, r { MARBLE DR Legend I ......'"•--' Multi -Use Trail (Existing) • Future Trails - VAC14-4935 Fayetteville City Li its Footprints 2010 Hillside -Hilltop Ov rlay District j__ ! Design Overlay Di trict Design Overlay Di trict 0 37 5 75 150 225 300 Planning Commissi ------ Planning Area Feet January 26, 2015 14-4935 Cobblestone SID Page 150116 14-4935 Cobblestone SID Page 16 of 16 EXHIBIT 'A' 14-4935 VAC 14-4935 Close Up View Legend ............. Multi -Use Trail (Existing) Future Trails VAC14-4935 COBBLESTONE SID PHASE 4 et,,,Fayetteville City Li its Footprints 2010 Hillside -Hilltop Ov rlay District L- _ ! Design Overlay Di trict Design Overlay Di ;trict III .. r II4'- ■ if� 11 li i i r � 11 f-1�� 'i if .1 1- ' - • _ I -:1 I•, -- • 1 SUBJECT PROPERTY 1 ■ i ; • ■ 4 1 � 1 r ■ 3 1 � 1 • s w 1 11 11 � 1 111 11 I 11 I 1 I. 1 l II II Ii II II II I, II 1 r 0151 1 I II , II 1 11 R5I -a 0 37.5 75 150 225 300 ------ Planning Area Feet MARBLE DR EXHIBIT 'B' 14-4935 LEGAL DESCRIPTION: A part of the SW1/4 of the SE1/4 of Section 29, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said SW1/4, SE1/4, thence N02°53'20"E 529.69 feet to the POINT OF BEGINNING; thence N02°53'20"E 38.33 feet, thence S28°33'54"E 164.00 feet, thence along a non tangent curve to the left 68.32 feet, said curve having a radius of 244.50 feet and chord bearing and distance of S04°29'57"E 68.10 feet, thence along a curve to the right 33.94 feet, said curve having a radius of 455.50 feet and a chord bearing and distance of S10°22'10"E 33.93 feet, thence N87°04'11"W 9.78 feet, thence N08°10'59"W 76.69 feet, thence N28°33'54"W 148.72 feet to the POINT OF BEGINNING: Containing 3,885.00 square feet or 0.0892 acres more or less subject to easements and right of way of record. ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4935 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT THE NORTH END OF RAVEN LANE TO VACATE A PORTION OF AN EXISTING UTILITY EASEMENT. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted street right-of-way 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 condition of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this day of , 2015. APPROVED: ATTEST: I� LIONELD JORDAN, Mayor I� SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS MAR 03 2015 CT'(OF LERK'STEVILLE OFFICE Democrat axette P.O. BOX 160:7, FAYETTEVILLE, AR, 72702 a 479-442-1700 - FAX: 479 -6'P'5 -1i18 - W Wi;+,l.iti'WA<DG.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, 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. 5744 Was inserted in the Northwest Arkansas Democrat Gazette on: February 26, 2015 Publication Charges: $ 90.79 Subscribed and sworn to before me This 3 day of ' (1 , 2015. Notary Public My Commission Expires:* 11101+ **NOTE** Please do not pay from Affidavit. Invoice will be sent. CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024