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HomeMy WebLinkAboutOrdinance 5810Doc ID: 016505530004 Type: REL -- Kind: ORDINANCE Recorded: 10/16/2015 at 02:35:35 PM �i Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk Q /� File2015-00029584 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5810 File Number: 2015-0436 VAC 15-5161 (2055 E. SIGNAL HILL DEPOTBUTTERFIELD TRAIL VILLAGE): AN ORDINANCE TO APPROVE VAC 15-5161 SUBMITTED BY JOE PERME FOR PROPERTY LOCATED AT 2055 E. SIGNAL HILL DEPOT 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 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 a portion of a utility easement as described in Exhibit "B" attached hereto. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached hereto as Exhibit "A" shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval shall be subject to the condition that any costs associated with relocation of or damage to utilities and new easement dedication shall be at the expense of the owner or developer. PASSED and APPROVED on 10/6/2015 Page 1 Printed on 1017/15 ordi,ramv 5810 Attest: Sondra E. Smith, City Clerk Treasurer TR '■`�►►►►��ti iNN► s► � '`1� Page 2 Printed on 1017115 EXHIBIT 'A' 15-5161 VAC 15-5161 BUTTERFIELD TRAIL VILLAGE Close Up View R-0 P . W_ _ I v. R•1 Legend - Shared -Use Paved Trail ........ Neighborhood/Park TraikSF-4 Natural Surface Trail VAC 15-5161 �ej.IWayetteville City Limits ® Footprints 2010 Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet r 0 SUBJECT PROPERTY m T R•1 Legend - Shared -Use Paved Trail ........ Neighborhood/Park TraikSF-4 Natural Surface Trail VAC 15-5161 �ej.IWayetteville City Limits ® Footprints 2010 Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet r EXHIBIT 'B' 15-5161 LEGAL DESCRIPTION - PORTION OF EASEMENT TO BE VACATED PLAT RECORD 17-46): PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 25; THENCE S2°35'49"W 1531.34 FEET; THENCE N87°24'11"W 101.99 FEETTO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHEASTERLY LINE OF A 20 FOOT UTILITY EASEMENT AS SHOWN IN PLAT RECORD 17-46; THENCE LEAVING SAID SOUTHEASTERLY LINE N58°32'09"W 20.00 FEET TO THE SOUTHWESTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTHWESTERLY LINE N31°27'51"E 83.88 FEET TO THE NORTHWESTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID NORTHWESTERLY LINE N58°32'10"W 114.46 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE N22°14'21"E 20.26 FEET TO THE NORTHEASTERLY LINE OF A 20 FOOT UTILITY EASEMENT AS SHOWN IN PLAT RECORD 17-46; THENCE ALONG SAID NORTHEASTERLY LINE S58°32'10"E 137.71 FEET TO THE SOUTHEASTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTHEASTERLY LINE S31°27'51"W 103.88 FEET TO THE POINT OF BEGINNING, CONTAINING 0.10 ACRES MORE OR LESS. Washington County, AR 4 certify this instrument s filed on 10116/2015 02: :35 PM and recorded n Re p�9 t 4 File Num0e irc Kyle Sylve by - City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 M (479) 575-8323 Make Text File --- File Number: 2015-0436 Agenda Date: 10/6/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 14 VAC 15-5161 (2055 E. SIGNAL HILL DEPOTBUTTERFIELD TRAIL VILLAGE): AN ORDINANCE TO APPROVE VAC 15-5161 SUBMITTED BY JOE PERME FOR PROPERTY LOCATED AT 2055 E. SIGNAL HILL DEPOT 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 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 a portion of a utility easement as described in Exhibit `B" attached hereto. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached hereto as Exhibit "A" shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval shall be subject to the condition that any costs associated with relocation of or damage to utilities and new easement dedication shall be at the expense of the owner or developer. City of Fayetteville, Arkansas Page 1 Printed on 101712015 City of Fayetteville Staff Review Form 2015-0436 Legistar File ID 10/6/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pates 9/18/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 15-5161: Vacation (2055 E. SIGNAL HILL DEPOT/BUTTERFIELD TRAIL VILLAGE, 175/214): Submitted by JOE PERME for property located at 2055 E. SIGNAL HILL DEPOT. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 2.37 acres. The request is to vacate a portion of a utility easement. Budget Impact: Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ V20140710 Previous Ordinance or Resolution Original Contract Number: Comments: Approval Date: CITY OF FayV!e CITY COUNCIL AGENDA MEMO S MEETING OF OCTOBER 6, 2015 TO: Fayetteville City Council FROM: Jesse Fulcher, Senior Planner THRU: Andrew Garner, City Planning Director DATE: September 15, 2015 SUBJECT: VAC 15-5161: Vacation (2055 E. SIGNAL HILL DEPOT.IBUTTERFIELD TRAIL VILLAGE, 1751214): Submitted by JOE PERME for property located at 2055 E. SIGNAL HILL DEPOT. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 2.37 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to vacate a portion of an existing utility easement subject to the following condition: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. BACKGROUND: Butterfield Trail Village Retirement Community is located at the southwest corner of Old Missouri Road and Joyce Boulevard and is zoned RMF-24. The community is comprised of approximately 350 residential units and many amenities, including a dining hall, general store, pool, flower gardens, and art studio for the community residents. The applicant proposes to vacate a portion of an existing utility easement to allow for future development in the area. There are existing electrical lines within the easement that must be relocated and a new easement will need to be dedicated. AEP/SWEPCO has agreed to the relocation, provided the owner provides a new 20 -foot utility easement and pays to relocate the line. DISCUSSION: On September 14, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 7-0-1 (Commissioner Hoskins recused). BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Mailing Address: www.fayetteville-ar.gov 113 W. Mountain Street Fayetteville, AR 72701 Exhibit A Exhibit B Planning Commission Staff Report CITY OF • ayft4�—�Ile PLANNING COMMISSION MEMO ANAS TO: City of Fayetteville Planning Commission fHRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner IEETING DATE: Septmbei 14, 2015 Updated September 16, 2015 C i-'f3JECT: VAC 15-5161: Vacation (2055 E. SIGNAL HILL DEPOT./BUTTERFIELD TRAIL VILLAGE, 1751214): Submitted by JOE PERME for property located at 2055 E. SIGNAL HILL DEPOT. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 2.37 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 15-5161 with conditions of approval. BACKGROUND: Butterfield Trail Village Retirement Community is located at the southwest corner of Old Missouri Road and Joyce Boulevard and is zoned RMF-24- The community is comprised of approximately 350 residential units and many amenities, including a dining hall, general store, pool, flower gardens, and art studio for the community residents. Surrounding land use is listed in Table 1. Table I _ __ Surroundin Land Use and Zoning__ - Direction from Site Land Use - _ ___ _ - Zoning - North Office — R -O South Mud Creek/Residential RSF-4` East OfficelGolf Course R-O/R-A West Commercial _ C-i Proposal: The applicant proposes to vacate a portion of an existing utility easement to allow for future development in the area. There are existing electrical lines within the easement that must be relocated and a new easement will need to be dedicated. AEPISWEPCO has agreed to the relocation, provided the owner provides a new 20 -foot utility easement and pays to relocate the line. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: UTILITIES Cox Communications RESPONSE No objections with conditions Planning Commission Mailing Address: www.fa9@t4@41t-1h4(W6 113 W. Mountain Street Agenda Item 2 Fayetteville, AR 72701 15-5161 Butterfield Village Page 1 of 15 AEP/SWEPCO Source Gas AT&T Ozarks Electric CITY OF FAYETTEVILLE Water/Sewer Transportation Solid Waste Dedicate and new 20 -foot easement and pay for relocation. No objections No objections No objections RESPONSE No objections No objections No objections RECOMMENDATION: Staff recommends forwarding VAC 15-5161 with 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. Planning Commission Action: O Approved M For Meeting Date: September 14, 2015 Motion: Chesser Second: Cook Vote, 7-0-1 (Hoskins recused) BUDGET/STAFF IMPACT: None. Attachments: • Cover Letter ■ Petition to Vacate • Utility Approvals ■ Easement Vacation Exhibit ■ One Mile Map ■ Close Up Map Planning Commission September 14, 2015 G:\ETC\Development Services Review\2015\Development Review\15-5161 VAC (Butterfield Agenda Item 2 Trail)\03 Planning Commission\09-14-2015\Comments and Redlines 15-5161 Butterfield Village Page 2 of 15 Butterfield TRAIT. V1i.LACE. 7/28/2015 Planning Commission and City Council Butterfield Trail Village wants to vacate and relocate the easement as shown on the attachment. By relocating the easement as shown we can position the future Village Homes facing Overland Loop and utilize out remaining building sites efficiently. This would allow us to build 4 more Village Homes with aesthetically pleasing placement and landscaping. It will involve relocating the existing electric primary line into the new easement. We have already discussed this with SWEPCO and will begin as soon as the easement is approved. No other utilities will have to be moved. Any future utilities would go in the relocated easement. We have visited with each utility that might need access to the easement and they all have approved of the relocation. Thank you for considering this request. Joe Perme Director of Facility Service/Capital Projects Microsoft 1923 E. Joyce Blvd, I Fayetteville, AR 72703 (479) 442-7220 1 bulterrieldtrailvillage.org PETITION TO VACATE AN EASEMENT LOCATED IN LOT 19 BUTTERFIELD TRAIL VILLAGE, 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 lot 19, Butterfield Trail Village, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an which is described as follows: /I ee. - LEGAL DESCRIPTION — PORTION OF EASEMENT TO BE VACATED IPIAT RECORD 17-46h PARI OF THE NE 1/4 OF THE SW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 25; THENCE S2°35'49"W 1531.34 FEET; THENCE N87°24'11"W 101.99 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHEASTERLY LINE OF A 20 FOOT UTILITY EASEMENT AS SHOWN IN PLAT RECORD 17-46; THENCE LEAVING SAID SOUTHEASTERLY LINE N58°32'09"W 20.00 FEET TO THE SOUTHWESTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTHWESTERLY LINE N31°27'51"E 83.88 FEET TO THE NORTHWESTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID NORTHWESTERLY LINE N58°32'10"W 129.5715 FEETTO THE EAST LINE OF A PRIVATE STREET AND UTILITY EASEMENT KNOWN AS CUMBERLAND WAY AS SHOWN IN PLAT RECORD 17-46; THENCE ALONG SAID PRIVATE STREET AND UTILITY EASEMENT N22°14'21"E 20.26 FEET TO THE NORTHEASTERLY LINE OF A 20 FOOT UTILITY EASEMENT AS SHOWN IN PLAT RECORD 17-46; THENCE ALONG SAID NORTHEASTERLY LINE S58°32'10"E 152.82 FEET TO THE SOUTHEASTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTHEASTERLY LINE S31°27'51"W 103.88 FEETTO THE POINT OF BEGINNING, CONTAINING 0.11 ACRES MORE OR LESS. That the abutting real estate affected by said abandonment of the alley are lots 19 and 20, Butterfield Trail Village, 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, subject, however, to the existing utility easements and sewer 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 Fayetteville, Arkansas, 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 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. Dared this !S day of .>t 2O5 Printed Name , ��6 7 Signature Printed Name Signature UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: _' UTILITY COMPANY: 4 P-' �C7[s'',,.,. � J) APPLICANT NAME: tea€ APPLICANT PHONE: 'Y777 —1a_ 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 (alley, easement, right-of-way), described as follows: o�++ General location / Address l i# b v late ttJtii�' (4TTACHlegal description andgraphic representation of what is being vacated-SURYEI7 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.) I No ob'eetions provided the lb lowing conditions are met: u r >r � ne.1AJ 7A' G.C.__ z > larQte � ^l [mo t t Ctt5 ef4 Dibr fDco ca 1C Signatu Jtility iotnpn y t;c¢ar ntxt3vc December 2074 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: July 31, 2015 UTILITY COMPANY: Ozark Electric Cooperative APPLICANT NAME: Butterfield Trail APPLICANT PHONE: 479-409-1101 REQUESTED VACATION (applicant must check all that apply): x Utility Easement C Right -of -Way for alley or streets and all utility casements located within the vacated right- of- way. Alley Li 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 2055 E. Signal Hill Depot (ATTACH legal description and graphic representation of what is being vacated-SUR VEY) UTILITY COMPANY COMMENTS: - rX 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: nal of Utili Company Representative Lead Staking Tech Title December 2014 Page 5 UTILITY APPROVAL FORM 1rOR tt1GHT- OF WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DA IT: 05f 812015 UTILITY C'OMPAN'Y: AT&T -_ AI+I IAC \ IT 4AMI — -- — — \I PLtt'ANT f IIUNC: tZEi1[ lS'i I I7 VA{ A"C1ON (uppNcru+r ++++ezl rLtek rill rlrear rrt+pfy)' Ihility hilsCl'iWI11 IZis:ht-Pt•-%vay for alley Al' 5tie and all utiiily c.isemclics latcaicd within the vacsucd right- ot: gray. Alley 5lrvct siEhl-o1-way I have i+ecn n:otilictl oFIlie Iii iiIiun to v:tcx1. ate lolIowingIIdliti.. 'a't, rit;lrl-++1-+v++v1, dccrsii7ed:ss ki�lStnvx: (.c11C1•sl loe:illoll l Addrt•ss •__ .. — _-�_ -- --.-- -- . - -- — Ii (.l'rT,tC'11 lu;rrl slrrr•riplir+ir +iiii1 �riiphk rr:pye:cerr+ruio+r of i+•h+d Is heir+g yrrcurc+l•SURYE)) 31 E Il.I-E Y C O.MP:1NY ( ( IMLNTS: Ni ohjvCliu:lti l+1 Ihe acxaii+n{s] eicsct ib it anil no t )nttttt tuS. o al+jeetiUrs ti+ tI1C vilcr11iQi (i 1 ibz.l sbavc. pntvi1led follau•ing+.lrrse:riUeti eisc1 1CIII ,I1 c ici IineiI. (State the Eniilit+a_ dilncn;inn i and pw I,le e lsdosv) ..I++ Is1i :t'tlots- provi.lcd sloe 1tljtii tin'. C.iiiiiliii it arc Mot 4�1 al s. E I Elility [ t uil±uiV tLclnrsc tuati: MGR OSp Phxj&Engrg Deli I1 'I•itle T UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5/18/2015 UTILITY COMPANY: Cox Communications APPLICANT NAME: Butterfield Trail Village Joe Perme APPLICANT PHONE; 479-695-8038 REQUESTED VACATION (applleaut must check all that apply): X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-wuy), described as follows: General location I Address 20' UlE alonszSignal Hill Dcpot shown on plat. To be relocate as shown. i (-4TTACH legal descrlptlon and graphic representation of what is being vacated SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. i 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 couditiors are met: Any damage to or relocation of our existing facilities will he at the otti*Hers/rte vrla;�•:rs exense. Signature ofUtility Company Representative Oecemb,r 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 05/18/2015 UTILTTY COMPANY: SourceGas APPLICANT NAME: APPLICANT PHONE: 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 (alley, easement, right-of-way), described as follows: General location / Address ^ _ Li (ATT-ACfflegal description and o aphic representation of what Is being vacated- L RVEY) 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: Si [n3tutce of I'dliry Campany Itaprcp utsstivc Title � . °age 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: ,5 J 1 UTILITY COMPANY: , f l y� i S v, �C o + 1c1 "�N4s rC APPLICANT NAME: - APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (rdley, eusement, right-of-wuy), described as follows: Generalloeation/Address±✓NGlr C.Sti.ry� i f t!•-�q�t"�_ - (ATTACH legal description and graphic representation of what is being vaeuferi-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no cotnrnents. 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: _______1_. u:'i. of Ruin Company Represein/iatiive + t.1 �K t✓ r*i,., SA' (5 /e/ye _.._ i-aic: r L'eec'h^c• �., i-s n,,,•f- UTXLI'J'Y APPROVAL( FORM FOR KI(.TI'r- OF- WAV, ALLEY, AND UTILITY EASEMENT VACATIONS 1)ATF. uTiLrl'YCOMPANY: ( t •.'"1L �f r1 �►�! �_i'1�_�,t?�=— "} + APPLICANT Pf1ONI : z/;Ki !r APPLICANTNAME: _-- -.- t • _. _ . REQUESTED VACATION (appltrairs,,,ast aback all that apply Utility 13 asentent night -of -way fbraliey orstrects anal all utility casements toentctl within the vrtcuted right- of- way. Alley Street tight-ot=way I have been noti1iied orthe petition to vacate the fill lowing (alley, aaaarcir,el. right -v/ -tray), described os Follows: OenesnI locstti©n l M d t'>ss _ � e`h -) _ _ I 1 (AT'i 4Gl ingal ctasecipliwt ail graplria reprcscatcuiaa of i'Jicrt is being vacated -SURVEY) 1JTII,ITY COMPANY COMivf13NTS: No obje lions to ti1c vacation(s) ti ejibett above, and nn camntc:nts. No objections to the vacatioti(s) dcscribod above, provided rollowing desctihed casements are rotui ed. (State the location, climensions.:znd purpose below.) No objections provided the following coedit on e arc 1net: tii,at(t-e uft-?Filly Company Represent;cttvC Title r o.�•. ,�rh�•, in: r UTILITY APPROVAL FORM FOR RIGHT- OF'- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 13 3uL( 2V15 UTILITY COMPANY: C !77 Of, rA 1E V V IL W Al ER 4 S+E VU R APPLICANT NAME: 14DE PE r E APPLICANT PI{ONE: -(L t q) 4154M REQUESTED VACATION (applicant nrust check all that apply): %-" Utility Easement Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows; General location 1 Address mHILPT� '+11 L BLVD I"t (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: igmct ire of Utility Company Representative iii H.V* p D U71Ltll Title Deeen3her 2014 Puge 5 EXHIBIT II / 1 20 UTILITY EASEMENT SPF INKLEf VALVE--.__ PLAT RECORD 17-46) /I f�Wr 14 21'E 20.26' CO // / SPNKLER V4VF- � 4+'r / f --558° 32' 12'E 15.11. FF / / \ S43° 33 08'E 30.95' APU i }n RESIDENTIAL BUIEIIING }r SPRINKLER VALVE- NE CORNER SE 1/4 NW 1/4 SECTION 25 T -17-N, R -30-W PER PLAT 17-48) - EASEMENT AREA TO BE VACATED r r r / I' y'ti /� P,O.0. PRO!'OSED / / A EASEMENT / •I. 4'-S 5-5-'-S\/ // 'Ugh- ' P.0.8. VACATION AREA �CgTRCI�y A�2} ¢ N87° 24' 17" W x81.99' N58' 32' 09'W �— � 20.00' S31° 27' 51'W 20.00' GRAPHIC SCALE IN FEET 3t7' 0 30' CURVE TABU CURVE f LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH Cl 68.54' 176.60' 22°14'18 N35° 19' 41'E 68.11' C2 5242' 191.60' 15°40'34' S32° 3T 04'W 52.26' 901 N- 471h St-- Suite 200 F.ogers. Arkanws 72756 Crafton Tull 9J orch48clurej orgineerira I su, 13104003 1 KM I 06/17/2015 r-11 ccw. 479636.48:111 479.631-6224 t 1 OF 1 wwv cralicnhull con) VAC15-5161 BUTTERFIELD TRAIL VILLAGE one Mile View • Iti?ry -� 4r. y C_1 - • 1�+�� r .a�.4�n + t fl 1F-24: n r1 '7J.. •y. . fCl•°�'.�I •'r"ii \ • '�=z SUBJECT PROPERTY _ '} . i �_ :_'t�h lei . . -`- is _" r. ..1• .. tt Qi Yty ' Legend -- - --- .-.- Y:: •us _ •n_r. _s,,. _--11 --------- - _ �i}fi�:s i Sh Use Paved Trail - Neig orhood/Park Trail Nat ral Surface Trail 5- 1 1 Overview Legend Hills e -Hilltop Overlay District Sub]ect Property _• Desi n Overlay District Boundary _ _ _ Plan ing Area 1 Fay tteville 0 0.25 0.5 1 Mies AAAA 1 1 1 t�� t I .1 I ►d`N': o ��� i =' O. BOX 1000 FAYETTEVILLE. AR, 72702 - 479-442-1700 o- FAX: 479-5951i18 - WWW.NWADG.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5810 Was inserted in the Northwest Arkansas Democrat Gazette on: October 15, 2015 Publication Charges: $ 90.79 Cathy Wiles Subscribed and sworn to before me This 21 day of Qc t , 2015. Notary Public UZ�z5� My Commission Expires: --T **NOTE** Please do not pay from Affidavit. Invoice will be sent. ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 My Commission Expires Jul 2, 2025 RECEIVED 0CT 282815 CITY CLER(S OFFICE