HomeMy WebLinkAboutOrdinance 5595fllllllf ffflflfllllll[llllf IffIIIIIIIIIIIIIIfIIIIIffI��Rlllllllffllllllffff flll
Doc I0: 015300740003 Type: REL
Kind: ORDINANCE
Recorded: 07/19/2013 at 01:48:59 Phl
Fee AM: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2013-00024619
ORDINANCE NO.5595
AN ORDINANCE APPROVING VAC 13-4385 SUBMITTED BY CIVIL
DESIGN ENGINEERING FOR PROPERTY LOCATED AT 867 NORTH
COLLEGE AVENUE TO VACATE TWO UTILITY EASEMENTS, A TOTAL
OF 2,489 SQUARE FEET
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 portions 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 described utility easements in Exhibit B (attached).
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 Condition of Approval and shall
not be in effect until the condition is met.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this 2nd day of July, 2013.
A DDD CIA 7UTl.
ATTEST:
5 -
SONDRA E. SMITH, City Clerk/Trerouper
f���is►►►'��t
EXHIBIT "A"
PLJ
b.
FF *AM , w S8727'47'E S87'27'47-E POINT OF BEGINNING
�� 153.66' _ 16
.25'
S87"27.47"r N87.2 47"W
y
++1
'n N
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�10 NN a.
2 1 n UTILITY EASEkfENT VACATION I 'on a
N (*2,Q8'I S0, FT.; O.OS isC}
_ I
M Irk
n POINT OF BEGINNING TI ITY A T VACATIO n,
TO 8E VACATED
58726'5 (f402 SO, FT,) y
10. S87'27'47'E 50.23• S
/f/Jdgld2747'E
� b
r' ~ 2 aw .
ei,
N 72'38'44'W
,w y
I^'
1 I Q m• �-x�..
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' LEGEND o
(.T nav C—)
EXIST= 3 PROPOSED '
-- PROPERTY LINE --
------ EASEMENT LINE ------- yy
GRAPHIC SCALE
1 +R
i 11+ 30 0 15 30
y
10.36'
N87'27'47"yy
PS N87 27 47-W ' ( IN FEET )
106.47' 1 INCH = 30 FEET
^� �.,sn,nu,rp'4,
a 0vi DESIGN S _
ENGINEERS, '
INC. _
REVISION
SHEET:
EXHIBIT — EASEMENT VACATION
(CDE
CIVIL DESIGN ENGINEERS, INC.
4285 N. SHILOH DRIVE SUITE 110
FAYETTEVILLE, AR 72703
PHONE : (479) 856-6111
http://www.civilde.com
DRAWN BY: s:HECKED BY:
BEACON FLATS APARTMENTS FERDIFQllRIE FERDIFOURIE
DWG: 1065EASMENT.DWG
FAYETTEVILLE, AR SCALE: DATE:
1"=30' JUNE 3, 2013
EXHIBIT "B"
VAC 13-4385
LEGAL DESCRIPTION - UTILITY EASEMENT 1
A PART OF LOT NUMBERED ONE (1), A PART OF LOT NUMBERED TWO (2) AND A
PART OF LOT NUMBERED (3), ALL IN BLOCK NUMBERED TWELVE (12) OF A.L.
TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EXOFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER OF
SAID LOT ONE (1), SAID POINT BEING N87°27'47"W 5.00 FEET FROM THE ORIGINAL
NORTHWEST CORNER OF SAID LOT ONE (1); THENCE S87°27'47"E ALONG THE
NORTH LINE OF SAID LOT ONE (1) 153.66 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF COLLEGE AVENUE; THENCE ALONG SAID RIGHT OF WAY
S13007'30"W 8.14 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY N87027'47"W 10.17 FEET TO THE POINT OF BEGINNING; THENCE
S 13°07'30"W 14.54 FEET; THENCE S 16°57'34"W 38.10 FEET; THENCE S 17°37' 13 "W
156.07 FEET; THENCE N87°27'47"W 10.36 FEET; THENCE N17037'13"E 158.71 FEET;
THENCE N16057'34"E 37.71 FEET; THENCE N13007'30"E 12.34 FEET; THENCE
S87027'47"E 10.17 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.05-ACRE
OR 2,087 SQUARE FEET MORE OR LESS.
LEGAL DESCRIPTION - UTILITY EASEMENT 2
A PART OF LOT NUMBERED ONE (1), A PART OF LOT NUMBERED TWO (2) AND A
PART OF LOT NUMBERED (3), ALL IN BLOCK NUMBERED TWELVE (12) OF A.L.
TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EXOFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER OF
SAID LOT ONE (1), SAID POINT BEING N87°27'47"W 5.00 FEET FROM THE ORIGINAL
NORTHWEST CORNER OF SAID LOT ONE (1); THENCE ALONG
THE WEST PROPERTY LINE OF LOT ONE (1) S02033'05"W 75.39 FEET TO A POINT ON
THE WEST PROPERTY LINE OF LOT TWO (2); THENCE LEAVING SAID PROPERTY
LINE S87026'55"E 10.00 FEET TO THE POINT OF BEGINNING;
THENCE S87027'47"E 50.23 FEET; THENCE S02°32'13"W 8.00 FEET; THENCE
N87027'47"W 50.23 FEET; THENCE NO2°33'05"E 8.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.01 ACRE OR 402 SQUARE FEET MORE OR
LESS.
Washington County, AR
l cetfy this instrument was filed on
07/19/2013 01:48:59 PM
and recorded in Real Estate
File Number 2013-00024619
Kyle Syivkstpy circuit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/2/2013
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance
Budgeted Item Budget Adjustment Attached
k,ay wtiorney
Fund Name
p ALVY, Previous Ordinance or Resolution #
Date
r Original Contract Date:
Original Contract Number:
Date
Finance and Internal Services Director Date
Date
e
Comments:
Received in City
Clerk's Office
EN ER
Received in !� f
Mayor's Office
Revised January 15, 2009
a
Lqi.
ov iille
ARKANSAS�
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director D`
From: Jesse Fulcher, Current Planner
Date: June 11, 2013
Subject: VAC 13-4385 (867 N. COLLEGE AVE./PINE TREE/BEACON FLATS)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate two utility easements.
BACKGROUND
The subject property is located at the southwest corner of N. College and E. Cleburn. A Planned Zoning District
(Beacon Flats) was approved on the property in 2004, but was never constructed. However, the easement plat
document was recorded, platting two easements that were specific to the development proposal. Since that time
the project has expired and the property has been rezoned to Downtown General. Consequently, the owner
would like to vacate the easements to allow for an alternative site design.
The applicant's original request was to vacate an 8 foot utility easement (Vacation #2) perpendicular to Pollard
Avenue and a 20 foot utility easement (Vacation #1) parallel to College Avenue. AT&T, however, is only
willing to vacate 10 feet of the existing 20 foot easement. The applicant has revised the request and legal
descriptions and is requesting to vacate the 8 foot easement and the western 10 feet of the 20 foot easement (see
attached).
DISCUSSION
On June 10, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of
approval with a vote of 7-0-0.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 13-4385 SUBMITTED
BY CIVIL DESIGN ENGINEERING FOR PROPERTY
LOCATED AT 867 NORTH COLLEGE AVENUE TO VACATE
TWO UTILITY EASEMENTS, A TOTAL OF 2,489 SQUARE
FEET
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 portions 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 described utility easements in Exhibit B (attached).
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 Condition of Approval and shall
not be in effect until the condition is met.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this
APPROVED:
IN
LIONELD JORDAN, Mayor
day of , 2013.
ATTEST:
IM
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
wn r�xtan
Y
IPF den rete S87'27'47"E 587'27'47-E POINT OF i3EGINMING
16 .25'
S87.27'47"EN87'2 47'pyy
l 0. i 7' 10.17' a. qj ti r
V � O
p
CN 7
CA Z r'7•- VI
w
0�
,n n
o �
I W y)
M
LL C�
OIo rvh
III.1ITY WEA EMfENTI VACAi10N I
�Ln (t2.087 So, FT.; 0.05 Ap) _ ��"� ►
!
I
I
I
I
z
LEGEND
EXISTING
PROPERTY LINE
------- EASEMENT LINE
c ENGINEERS,
INC.
9$642 Z SHEET
>r
in
'41 A
O
V7'27'47"E
O v
►
rnh .
2 y r
N72'�s44"w
6,00 r;
Y
/ � Q]•
�a ay
a
PROPOSED ,
r�
GRAPHIC SCALE
30 0 15 31
1p.36'�
N87'27'47'jy
REVISION
EXHIBIT - EASEMENT VACATION
( IN FEET )
1 INCH = 30 FEET
CIVIL DESIGN ENGINEERS, INC.
4285 N. SHILOH DRIVE SUITE 110
FAYSHIMETTEVILLE, AR 72703
PHONE : (479) 856-6111
http://www.civilde.com
DRAWN BY: CHECKED BY:
BEACON FLATS APARTMENTS FERDI FOURIE j FERDI FOURIE
DWG: 106SEASMENT.DWG
SCALE: DATE:
FAYETTEVILLE, AR 1 1"=30' JUNE 3, 2013
EXHIBIT "B"
VAC 13-4385
LEGAL DESCRIPTION - UTILITY EASEMENT 1
A PART OF LOT NUMBERED ONE (1), A PART OF LOT NUMBERED TWO (2) AND A
PART OF LOT NUMBERED (3), ALL IN BLOCK NUMBERED TWELVE (12) OF A.L.
TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EXOFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER
OF SAID LOT ONE (1), SAID POINT BEING N87027'47"W 5.00 FEET FROM THE
ORIGINAL NORTHWEST CORNER OF SAID LOT ONE (1); THENCE S87°27'47"E
ALONG THE NORTH LINE OF SAID LOT ONE (1) 153.66 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF COLLEGE AVENUE; THENCE ALONG SAID RIGHT
OF WAY S13007'30"W 8.14 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY N87027'47"W 10.17 FEET TO THE POINT OF BEGINNING; THENCE
S13007'30"W 14.54 FEET; THENCE S16057'34"W 38.10 FEET; THENCE S17°37'13"W
156.07 FEET; THENCE N87027'47"W 10.36 FEET; THENCE N17037'13"E 158.71
FEET; THENCE N16057'34"E 37.71 FEET; THENCE N13°07'30"E 12.34 FEET;
THENCE S87027'47"E 10.17 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.05-ACRE OR 2,087 SQUARE FEET MORE OR LESS.
LEGAL DESCRIPTION - UTILITY EASEMENT 2
A PART OF LOT NUMBERED ONE (1), A PART OF LOT NUMBERED TWO (2) AND A
PART OF LOT NUMBERED (3), ALL IN BLOCK NUMBERED TWELVE (12) OF A.L.
TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EXOFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER
OF SAID LOT ONE (1), SAID POINT BEING N87°27'47"W 5.00 FEET FROM THE
ORIGINAL NORTHWEST CORNER OF SAID LOT ONE (1); THENCE ALONG
THE WEST PROPERTY LINE OF LOT ONE (1) S02°33'05"W 75.39 FEET TO A
POINT ON THE WEST PROPERTY LINE OF LOT TWO (2); THENCE LEAVING SAID
PROPERTY LINE S87026'55"E 10.00 FEET TO THE POINT OF BEGINNING;
THENCE S87027'47"E 50.23 FEET; THENCE S02032'13"W 8.00 FEET; THENCE
N87027'47"W 50.23 FEET; THENCE NO2°33'05"E 8.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.01 ACRE OR 402 SQUARE FEET MORE OR
LESS.
Tayve e-i� e PC Meeting of June 10, 2013
ARKANSAS
I HE CITY OF FAY I TTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: jun ^u�r Updated June 11, 2013
VAC 13-4385: Vacation (867 N. COLLEGE AVE./PINE TREE/BEACON FLATS,
445/446): Submitted by CIVIL DESIGN ENGINEERING for properties located around
867 NORTH COLLEGE AVENUE. The property is zoned DG, DOWNTOWN
GENERAL. The request is to vacate two utility easements. Planner: Jesse Fulcher
Findings:
Property: The subject property is located at the southwest corner of N. College and E.
Cleburn. A Planned Zoning District (Beacon Flats) was approved on the property in
2004, but was never constructed. However, the easement plat document was recorded,
platting two easements that were specific to the development proposal. Since that time
the project has expired and the property has been rezoned to Downtown General.
Consequently, the owner would like to vacate the easements to allow for an alternative
site design. Surrounding land use and zoning is depicted in Table 1.
Table 1
Surroundina Land Use and Zonina
Direction from Site
Land Use
Zoning
North
Commercial
C2, Thoroughfare Commercial
South
Commercial
R-O, Residential Office
East
Commercial
C2, Thoroughfare Commercial
West
Residential
RSF-4, Residential Single-famil
Request: The applicant's original request was to vacate an 8 foot utility easement
(Vacation #2) perpendicular to Pollard Avenue and a 20 foot utility easement (Vacation
#1) parallel to College Avenue. AT&T, however, is only willing to vacate 10 feet of the
existing 20 foot easement. The applicant has revised the request and legal descriptions
and is requesting to vacate the 8 foot easement and the western 10 feet of the 20 foot
easement (see attached).
Easement Vacation Approval: The applicant has submitted the required easement
vacation forms to the City Utilities Department, franchise utilities, and adjacent private
property owners, with no objections, except as noted by AT&T.
GA\ETC\Development services Review\2013\Development Review\13-4385 VAC Beacon Flats/867 College\09 Planning
Comm ission\06-10-2013\Comments and Redlines
Ozarks Electric
Cox Communications
Southwestern Electric Power Company
Source Gas
AT&T
CITY OF FAYETTEVILLE:
Water/Sewer
Transportation
Solid Waste
RESPONSE
No objections
No objections
No objections
No objections
No objections to vacating western 10
feet of existing 20 foot easement.
RESPONSE
No objections
No objections
No objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 13-4385 to the City Council with
a recommendation for approval.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: Q Forwarded O Denied O Tabled
Date: June 10, 2013
Motion: Winston
Second: Cook
Vote: 7-0-0
Notes:
GAETC\Development Services Review\2013\Development Review\13-4385 VAC Beacon Flats/867 College\09 Planning
Commission\06-10-2013\Comments and Redlines
gyp,= CIVIL DESIGN ENGINEERS, INC
;, 3 N. I.Who l.mr,•. Fem,citei,ille, Ali ?7t11 !'boric r•l 918SO-6111 /cci ; 1%9l856-610
Jtine 3. 2013
City of Fayetteville Planning! Commission
125 W. Mountain Street
Fayetteville. AID 72701
Phone (179) 575-3267
Fax (479) 575-8202
Re, Revision for request to Vacate Existing Easemeni
Beacon Flats, Fayetteville, AR
Fayetteville, AR
CDE Project No. 1065
Dear Planning Commission,
Included is a revised exhibit showing the area for the easement vacation along College Avenue across 867 N.
College Avenue, 807 N. College Avenue and 805 N. College Avenue
This revision is based on comments received from AT&T requesting, that a 10400t easement area be maintained
along College Avenue.
Please let me know if you have any questions.
Sincerely,
n
Ferdi Fotrrie, P.E.
Project Engineer
FF/FF
COE= C / V / L
DESIGN ENGINEERS, 11V C.
72.3 N. L.vllar Lane, Fmietteville, Al? 72701 Phow (479) 856-6111 F(r.c: t•179)856-611?
April 29, 2013
City of Fayetteville Planning Commission
125 W. Mountain Street
Fayetteville, AR 72701
Phone (419) 575-8267
Fax (479) 575-8202
Re: Request to 'Vacate Existing Easement
Beacon Flats, Fayetteville, AR
Fayetteville, AR
CDE Project No. 1O65
Dear Planning Commission,
A request is hereby made to vacate an existing utility easement located across 867 N. College Avenue, 807 N.
College Avenue and 805 N. College Avenue.
A previous Large Scale Development was proposed and approved, and a Grading Permit #15957 dated August 25
2005 issued for construction. Although construction was not completed, an Easement Plat was recorded for the
proposed easements based on this design (File No. 023A-00000256)
Currently plans are begin designed for a revised project at the site. Vacating these recorded easements will allow the
design team to move forward with a revised layout that will be proposed under a new Large Scale Development.
New easements based on the new design will then be recorded as required.
Please let me know if you have any questions.
Sincerely,
Ferdi Fourie, P.E.
Project Engineer
FF/FF
w.. „A"
587'27'47"E 587;17'd'1"E Y POINF OF k31:GINNING
S87'27'47'• N87'2
10,1 710 v ry '
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z L1rILITY EnSEISENT VACATION F'o
7v O 13E VgCA ❑
N (12,087 So. FT; 0.05 AC) 2 7
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POINT OF BEGIN14ING 11,1_ry EA 3�fcNr vnraTlON ,V7_ cps
TO BE VACAFEO 4 ti
5810?6'5 (t407 so, F1-) vi
587'27'47"E 50.23' jar" 7'47"E
.14
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0 50-23{
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' LEGEND Q
EXISTING j PROPC}SED /
-- PROPERTY LINE -- I
------•- EASEMENT LINE $
F r�
GRAPHIC
r7` 30 0
h
10,36'
N87'27'47"W
� Ne'rzr•s7--�__ —
1
OF qvr
a =CIVIL [7ESiGN`',�.a
v = ENGINEERS. p
- INC. -
9 4E642 ,r^:
REVISION
SHEET:
EXHIBIT - EASEMENT VACATION
f-
SCALE
( IN FEET )
1 INCH = 30 FEET
T CIVIL DESIGN ENGINEERS, INC.
C ■ L ■E 4285 N. SHILOH DRIVE SUITE 110
FAYETTEVILLE, AR 72703
PHONE : (479) 856-6111
http://www.civilde.com
DRAWN BY: CHECKED BY:
BEACON FLATS APARTMENTS EERDI FOURIE I FERDI FOURIE
DWG: 1065EASMENT.DWG
SCALE: I DATE:
FAYETTEVILLE, AR 1 1"=30' 1 IUNE 3, 2013
LEGAL DESCRIPTION - UTILITY EASEMENT 1
A PART OF LOT NUMBERED ONE (1), A PART OF LOT NUMBERED TWO (2) AND A PART OF LOT NUMBERED (3), ALL
IN BLOCK NUMBERED TWELVE (12) OF A.L. TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER OF SAID LOT ONE (1), SAID POINT
BEING N87°27'47"W 5.00 FEET FROM THE ORIGINAL NORTHWEST CORNER OF SAID LOT ONE (1); THENCE
S87°27'47"E ALONG THE NORTH LINE OF SAID LOT ONE (1) 153.66 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY OF COLLEGE AVENUE; THENCE ALONG SAID RIGHT OF WAY S13°07'30"W 8.14 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY N87°27'47"W 10.17 FEET TO THE POINT OF BEGINNING; THENCE S13°07'30"W 14.54 FEET; THENCE
S16°57'34"W 38.10 FEET; THENCE S17°37'13"W 156.07 FEET; THENCE N87°27'47"W 10.36 FEET; THENCE
N17°37'13"E 158.71 FEET; THENCE N16°57'34"E 37.71 FEET; THENCE N13°07'30"E 12.34 FEET; THENCE S87°27'47"E
10.17 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.05-ACRE OR 2,087 SQUARE FEET MORE OR LESS.
LEGAL DESCRIPTION - UTILITY EASEMENT 2
A PART OF LOT NUMBERED ONE (1), A PART OF LOT NUMBERED TWO (2) AND A PART OF LOT NUMBERED (3), ALL
IN BLOCK NUMBERED TWELVE (12) OF A.L. TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER OF SAID LOT ONE (1), SAID POINT
BEING N87°27'47"W 5.00 FEET FROM THE ORIGINAL NORTHWEST CORNER OF SAID LOT ONE (1); THENCE ALONG
THE WEST PROPERTY LINE OF LOT ONE (1) S02°33'05"W 75.39 FEET TO A POINT ON THE WEST PROPERTY LINE OF
LOT TWO (2); THENCE LEAVING SAID PROPERTY LINE S87°26'55"E 10.00 FEET TO THE POINT OF BEGINNING;
THENCE S87°27'47"E 50.23 FEET; THENCE S02°32'13"W 8.00 FEET; THENCE N87°27'47"W 50.23 FEET; THENCE
NO2°33'05"E 8.00 FEETTO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRE OR 402 SQUARE FEET MORE OR
LESS.
PETITION TO VACATE AN EASEMENT LOCATED AT 867,807 and 805 N. COLLEGE AVENUE, 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 867, 807 and 805 N. College Avenue, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
10' UTILITY EASEMENT BOOK AND PAGE: 23A, PAGE 256
A PART OF LOT NUMBERED ONE (1), A PART OF LOT NUMBERED TWO (2) AND A PART OF LOT NUMBERED (3), ALL
IN BLOCK NUMBERED TWELVE (12) OF A.L. TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER OF SAID LOT ONE (1), SAID POINT
BEING N87°27'47"W 5.00 FEET FROM THE ORIGINAL NORTHWEST CORNER OF SAID LOT ONE (1); THENCE
S87°27'47"E ALONG THE NORTH LINE OF SAID LOT ONE (1) 153.66 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY OF COLLEGE AVENUE; THENCE ALONG SAID RIGHT OF WAY S13°07'30"W 8.14 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY N87°27'47"W 10.17 FEETTO THE POINT OF BEGINNING; THENCE S13°07'30"W 14.54 FEET; THENCE
S16°57'34"W 38.10 FEET; THENCE S17°37'13"W 156.07 FEET; THENCE N87°27'47"W 10.36 FEET; THENCE
N17°37'13"E 158.71 FEET; THENCE N16°57'34"E 37.71 FEET; THENCE N13°07'30"E 12.34 FEET; THENCE S87°27'47"E
10.17 FEETTO THE POINT OF BEGINNING AND CONTAINING 0.05-ACRE OR 2,087 SQUARE FEET MORE OR LESS.
8' UTILITY EASEMENT BOOK AND PAGE: 23A, PAGE 256
A PART OF LOT NUMBERED ONE (1), A PART OF LOT NUMBERED TWO (2) AND A PART OF LOT NUMBERED (3), ALL
IN BLOCK NUMBERED TWELVE (12) OF A.L. TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER OF SAID LOT ONE (1), SAID POINT
BEING N87°27'47"W 5.00 FEET FROM THE ORIGINAL NORTHWEST CORNER OF SAID LOT ONE (1); THENCE ALONG
THE WEST PROPERTY LINE OF LOT ONE (1) S02°33'05"W 75.39 FEET TO A POINT ON THE WEST PROPERTY LINE OF
LOT TWO (2); THENCE LEAVING SAID PROPERTY LINE S87°26'55"E 10.00 FEET TO THE POINT OF BEGINNING;
THENCE S87°27'47"E 50.23 FEET; THENCE S02°32'13"W 8.00 FEET; THENCE N87°27'47"W 50.23 FEET; THENCE
NO2°33'05"E 8.00 FEETTO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRE OR 402 SQUARE FEET MORE OR
LESS.
The petitionerspray that the City of Fayetteville. Arkansas, abandon and vacate the above described real estate,
Subject, however, to the existing utility casements 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 titrther pray that the above described real estate be vested in the abutting property owners as
provided by lave.
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 cascinents of the public For the use of said alley.
Dated this Lday of May, 2Q 13.
MORGAN HOOKER
Printed Nance
V �J�I�Ililttll'C`.
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: June 3, 2013
UTILITY COMPANY: AT&T
APPLICANTNAME: Civil Design Engineers, Inc APPLICANT PHONE:479-856-6111
REQUESTED VACATION (applicant 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-way), described as follows:
General location / Address (referring to attached document- must be completed")
867 N. College Avenue; 807 N. College Avenue; 805 N. College Avenue
(ATTACH legal description and graphic representation of what is being vacated-SUR VE 1)
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
1 Dr ADIAMMI -1 15 To t E J n] �gO
10' Of m AS1=MsMT "C d t5F- v A r, efl
❑ No objections provided the following conditions are met:
, JM64� *
Signature of Utility Company Representative r
asp ��51 bN C�6►NEG12-
Title
August2012
Page 5
UTILITY .APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: April 29, 2013
UTILITY COMPANY: Sourcegas
APPLICANTNAME: Civil Design Engineers, Inc APPLICANT PHONE: 479-856-6111
REQUESTED VACATION (applicant mast 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-way), described as follows:
General location / Address (referring to attached document- must be completed")
867 N. College Avenue; 807 N. College Avenue; 805 N. College Avenue
(ATTACH legal description andgraphic representation of what is heing vacated-SUR VE 19
UTILITY COMPANY COMMENTS:
X\ No objections to the vacation(s) described above_
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:
for ;_ 5�'�
S�"�"5!
Si ahfue of Utility Company Representative
Feld
"I'itic
August2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: April 29, 2013
UTILITY COMPANY: Ozarks Electric
APPLICANT NAME: Civil Design Engineers, Inc 'APPLICANT PHONE: 479-856-6111
REQUESTED VACATION (applicant 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-way), described as follows:
General location / Address (referring to attached document- must be completed")
867 N. College Avenue; 807 N. College Avenue; 805 N. College Avenue
(ATTACH legal description and graphic representation of what is being vacated-SURVEI)
UTILITY COMPANY COMMENTS:
IX No objections to the vacation(s) described above.
❑ 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:
Greg McGee
Signature of Utility Company Representative
I Pad Stakong Tech
Title
August 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: April 29, 2013
UTILITYCOMPANY: Cox Communications
APPLICANTNAME: Civil Design Engineers, Inc APPLICANT PHONE:479-856-6111
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
C Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
C Alley
C 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 (referring to attached document- must be completed")
867 N. College Avenue; 807 N. College Avenue; 805 N. College Avenue
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
iJ No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
IX No objections provided the following conditions are met:
Any damage to or relocation of any of our existing facilities will be at the owners /develperexpense.
Signature of Utility Company Re esentative
Construction Planner NWA
Title
AugusP2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: April 29, 2013
UTILITY COMPANY: AEP/SWEPCO
APPLICANTNAME: Civil Design Engineers, Inc APPLICANT PHONE:479-856-6111
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-ivay), described as follows:
General location / Address (referring to attached document- must be completed")
s�
867 N. College Avenue; 807 N. College Avenue; 805 N. College Avenue
(ATTACH legal description and graphic representation of what is being vacated-S'URVE19
UTILITY COMPANY COMMENTS:
MIr No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
11 No objections provided the following conditions are met:
9 ig4gture of Utility Contp y Repre scnta tive
(215 � - Clnr-'E y%ze i —
Title
Augusr2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: April 29, 2013
UTILITY COMPANY: City of Fayetteville - Solid Waste
APPLICANTNAME: Civil Design Engineers, Inc. 479-856-6111
APPLICANT PIIONE:
REQUESTED VACATION (applicant 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
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 (refening to attached document- must be completed")
867 N. College Avenue; 807 N. College Avenue; 805 N. College Avenue
(ATTACH legal description amid graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
L 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:
i
Signatur�offflity Compau Represcntativc
Title
dugusr 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: ST I.2j,r y
UTILITY COMPANY: City of Fayetteville - Water and Sewer
APPLICANTNAME: Civil Design Engineers, Inc APPLICANT PHONE:479-856-6111
REQUESTED VACATION (applicant 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
1 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 (referring to attached document- must be completed")
867 N. College Avenue; 807 N. College Avenue; 805 N. College Avenue
(ATTACH legal description and graphic representation of what is being vacated-SURVE19
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
-< 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:
Platting of easements for water and sewer to serve the proposed development as required.
Signalure of Utility Cgnipany Representative
Title
August2012
Page 5
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NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
NEWS-P-M- E16LLC
THE MORNING NEWS OF ROGERS
NORTHWEST ARKANSAS TIMES
BENTON GOUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETfEVILL.E, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479-442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Holly Andrews, 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 5595
Was inserted in the Regular Editions on:
July 11, 2013
Publication Charges: $ 90,79
W-6 V0 1
Holly"Andrews
Subscribed and sworn to before me
This 27- day of � , 2013.
CI�4L
Notary Public
My Commission Expires:�Z� rl�
;w''0W% CATHYJ. WILES
' �• Benton County
My Commission Expires
J; a February 20.2014
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
ORDINANCE NO. 5595
AN SUBMITTED
ORDINANCE APPROVING VAC ENGINEERING
5
SUBMITTED BY CIVIL DESIGN ENGINEERING
FOR PROPERTY LOCATED AT 867 NORTH
COLLEGE AVENUE TO VACATE TWO UTILITY ARxA H5A5
EASEMENTS, A TOTAL OF 2,489 SQUARE
FEET
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 portions
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 described utility easements in Exhibit B
(attached),
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: Thai this vacation approval is subject to the Condition of Approval and
shall not be in effect until the condition is met.
"Any relocation of existing utilities shall be at the owner/devetopePs expense."
PASSED and APPROVED this 2nd day of July, 2013.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMfTH, City Clerk(Treasurer
Exhibits for this ordinance may be viewed in the office of the City Clerk/Treasurer.
