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HomeMy WebLinkAboutORDINANCE 5851113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5851 File Number: 2016-0064 VAC 15-5280 (5 W. APPLEBY RD./WRMC OFFICES): Doc ID: 016761290004 Type: REL Kind: ORDINANCE Recorded: 03/08/2016 at 09:15:05 AM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00006021 AN ORDINANCE TO APPROVE VAC 15-5280 SUBMITTED BY USI CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 5 W. APPLEBY ROAD TO VACATE PORTIONS OF SEWER AND DRAINAGE EASEMENTS 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 tha the following described sewer and drainage 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 portions of the sewer and drainage easements as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Vacation of the sewer and drainage easements shall not be valid until such time that new easements have been filed of record covering the new utility locations. 2. Any costs associated with relocation of or damage to the sewer and drainage and new easement dedication shall be at the owner/developer's expense. Page 1 Printed on 2/17/16 File Number., 2016-0064 PASSED and APPROVED on 2/16/2016 Approved V ` Attest: Jordan, r Sondra E. Smith, City Clerk Treasurer �����ttrrrrrlr�r�f �=O FAYETTE_VILL.t Page 2 Printed on 2/17/16 VAC 15-5280 Close Up View APPLESYRO EXHIBIT 'A' 15-5280 WRMC OFFICES ui su '•. ,-, . MONTE MONTE PAINTER OR !s 140 PAINTER DR . RT -12 16 Overview Legend VAGI 5-5280 L Fayetteville City ^..�! Design Overlay R-0 41NUT DR CD I^ SUBJECT PROPERTY �11 i APPLEBY Ro LEBY RD CYDNSE ST 0 125 250 500 750 1,000 Planning Area I Pe JASON OR 1 I' AP�LESY RID APPLEBY EXHIBIT 'B' 15-5280 LEGAL DESCRIPTION (VACATED DRAINAGE EASEMENT 11 PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF THE S1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF SAID 20 ACRE TRACT S87023'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02031'13"W 33.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD; THENCE S02030'44"W 282.46 FEET; THENCE S87°14'19"E 87.13 FEET TO THE POINT OF BEGINNING; THENCE NO2033'10"E 183.69 FEET; THENCE N25026'38"E 28.00 -FEET; THENCE S88029'11"E 21.88 -FEET; THENCE S25026'38"W 32.83 -FEET; THENCE S02°33'10"W 154.70 - FEET; THENCE S87013'36"E 94.12 -FEET; THENCE S02045'41"W 25.00 -FEET; THENCE N87014'19"W 114.03 FEET TO THE POINT OF BEGINNING, CONTAINING 0.15 ACRES OR 6,595 SQUARE FEET, MORE OR LESS AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. LEGAL DESCRIPTION (VACATED DRAINAGE EASEMENT 2) PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF THE S1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF SAID 20 ACRE TRACT S87023'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02°31'13"W 33.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD S87032'07"E 61.15 -FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE S02027'53"W 20.00 -FEET TO THE POINT OF BEGINNING; THENCE S87032'07"E 171.58 -FEET; THENCE S02009'19"W 72.61 -FEET; THENCE N87055'34"W 45.50 -FEET; THENCE S02004'26"W 20.35 -FEET; THENCE N87°54'08"W 101.27 -FEET; THENCE NO2047'44"E 81.86 -FEET; THENCE N62°29'59"W 28.50 -FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES OR 12,894 SQUARE FEET MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 03/0812016 09:15:05 AM and recorded in Real Estat� File Number 2016-00006 Kyle Sylvester - Cirou (Z by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2016-0064 Agenda Date: 2/16/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 4 VAC 15-5280 (5 W. APPLEBY RD./WRMC OFFICES): AN ORDINANCE TO APPROVE VAC 15-5280 SUBMITTED BY USI CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 5 W. APPLEBY ROAD TO VACATE PORTIONS OF SEWER AND DRAINAGE EASEMENTS 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 sewer and drainage 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 portions of the sewer and drainage easements as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Vacation of the sewer and drainage easements shall not be valid until such time that new easements have been filed of record covering the new utility locations. 2. Any costs associated with relocation of or damage to the sewer and drainage and new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 211712016 City of Fayetteville Staff Review Form 2016-0064 Legistar File ID 2/16/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 1/29/2016 City Planning / Development Services Department Submitted By Submitted Date Division/ Department Action Recommendation: VAC 15-5280: Vacation (5 W. APPLEBY RD./WRMC OFFICES, 251): Submitted by USI CONSULTING ENGINEERS, INC. for properties located at 5 W. APPLEBY RD. The properties are zoned R-0, RESIDENTIAL OFFICE, and contain approximately 4.80 acres. The request is to vacate portions of sewer and drainage easements. 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 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF ARKANSAS MEETING OF FEBRUARY 16, 2016 TO Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner DATE: January 29, 2016 SUBJECT: VAC 15-5280: Vacation (5 W. APPLEBY RD.IWRMC OFFICES, 251): Submitted by USI CONSULTING ENGINEERS, INC. for properties located at 5 W. APPLEBY RD. The properties are zoned R -O, RESIDENTIAL OFFICE, and contain approximately 4.80 acres. The request is to vacate portions of sewer and drainage easements. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 15-5280 with the following conditions: 1. Vacation of the sewer and drainage easements shall not be valid until such time that a new easements have been filed of record, covering the new utility locations. 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. BACKGROUND: The subject property is located at the southeast corner of Appleby Road and Bob Younkin Drive. A large scale development for Washington Regional Hospital was recently approved for the property. The applicant proposes to vacate an existing sewer easement and drainage easement as shown in Exhibit "A" and described in Exhibit "B" attached hereto. The applicant has approval through the large scale development application to relocate the sewer line and reconfigure the existing drainage utilities on the property. DISCUSSION: On January 25, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0 as a consent item. BUDGETISTAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Exhibit B Application Planning Commission Staff Report EXHIBIT 'A' 15-5280 Overview Legend VAC15-5280 L - - - Fayetteville City Design Overlay ------ Planning Area BISHOP DR RD CYDNEE ST 0 125 250 500 750 1,000 Ff (0 a JASON DR .•.N d z QOr 0M Overview Legend VAC15-5280 L - - - Fayetteville City Design Overlay ------ Planning Area BISHOP DR RD CYDNEE ST 0 125 250 500 750 1,000 Ff (0 a JASON DR EXHIBIT 'B' 15-5280 LEGAL DESCRIPTION (VACATED DRAINAGE EASEMENT 1) PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF THE S1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF SAID 20 ACRE TRACT S87023'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02°31'13"W 33.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD; THENCE S02030'44"W 282.46 FEET; THENCE S87014'19"E 87.13 FEET TO THE POINT OF BEGINNING; THENCE NO2033'10"E 183.69 FEET; THENCE N25°26'38"E 28.00 -FEET; THENCE S88°29'11"E 21.88 -FEET; THENCE S25026'38"W 32.83 -FEET; THENCE S02033'1 0"W 154.70 - FEET; THENCE S87°13'36"E 94.12 -FEET; THENCE S02°45'41"W 25.00 -FEET; THENCE N87014'19"W 114.03 FEET TO THE POINT OF BEGINNING, CONTAINING 0.15 ACRES OR 6,595 SQUARE FEET, MORE OR LESS AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. LEGAL DESCRIPTION (VACATED DRAINAGE EASEMENT 2) PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF THE S1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF SAID 20 ACRE TRACT S87023'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02°31'13"W 33.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD S87032'07"E 61.15 -FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE S02027'53"W 20.00 -FEET TO THE POINT OF BEGINNING; THENCE S87032'07"E 171.58 -FEET; THENCE S02°09'19"W 72.61 -FEET; THENCE N87055'34"W 45.50 -FEET; THENCE S02004'26"W 20.35 -FEET; THENCE N87054'08"W 101.27 -FEET; THENCE NO2047'44"E 81.86 -FEET; THENCE N62°29'59"W 28.50 -FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES OR 12,894 SQUARE FEET MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. LEGAL DESCRIPTION (VACATED SEWER EASEMENT 1) PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF THE S1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF SAID 20 ACRE TRACT S87023'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02°31'13"W 33.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD; THENCE S02030'44"W 282.46 FEET; THENCE S87014'19"E 255.75 -FEET TO THE POINT OF BEGINNING; THENCE N70041'40"W 72.85 -FEET; THENCE N76°22'03"W 157.87 -FEET; THENCE N87034'32"W 9.02 -FEET; THENCE NO2025'28"E 20.00 -FEET; THENCE S87°34'32"E 10.96 - FEET; THENCE S76°22'03"E 160.83 -FEET; THENCE S70041'40"E 79.80 -FEET; THENCE S02054'23"W 17.47 -FEET; THENCE N87°14'19"W 11.34 -FEET TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES OR 5,011 SQUARE FEET MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. . % > . Via.. -' F e , „4 t'� Right -of -Way, ley VACATION FOR STAFF USE ONL y T�T FEE: 5200, 00 - — Dene .'application SublWllerk Sign Fee: 55.00 Clete rf ccep/ell ac C'omplele S -T -R Prgjvet Yawber: PP#: Public liearinv ] ale, LUlle: Please tiU oto thiti form complctcly. supplyutg all necessal.N< tnl'umiationand dQC[nllelllatiott to support yuw'requetit Your tpplivation will irw be placed Ott the Plulming conn 1i1sion agenda 11111H /his flift rmation is, furrrislred. Application: Indicate one contact person for this request: Applicant (Person making request): Name: Washington Regional Medical System Address: 3215 N. North Wills Blvd Fayetteville, AR 72703 Applicant X Representative Representative (engineer, sumeyur, realtor, elej. Name: USI Consulting Engineers, Inc. Address: 4847 Kaylee Avenue Springdale, AR 72762 Phone: ( 479 ) 463-5003 Phone: ( 479 ) 872-7115 Finan: ishackelford wre ional.com @ g Email: ffourie usi-ce.com Fax: { } Fax: { ) Site Address! Location: 5 W. and 21 W. Appleby Road Legal description ofarca to be vacated (attach separate sheet if necessary): Attached Current Zonin.0 District: R -O Assessors Parcel Numbers) for subject property: 765-15950-002 FIA-ANCIAL INTERESTS The roilowinQ entities and 1 or people have financial interest in this project: Washington Regional Medical System Urroull"r ?ora Pomd 1 ,I R111110:>a, :1 I1)i1, I,.ctt}I+ :rtl<1 uill:ut. o1II:r:EI', lai;t})II, ta, 'tk '1'a'.: �fii l.'11It'i11�• nil dirt, l:t cl; 11r ;utttk all ;}}: nllr•In)aslrtin..i€)c ,'t?Fii 1I lit)t't'tIIh ,illlnlw eti ar, lit )III ;e`s,l:•t l•, ls: 1 iu >: „f rin t,nn;t.lc l"t ;lilt? l�:'11 t' l)4tt':I llil , ottt't? t U)I I'latill th;l1 Nui1dlttal of i1 't91:1t:I ,t} 1)11011'.I:autl) 1:. )i I'Millik ln1 )n\ ;1)10a11,1 t:, :1! a)1)lnl)C4r t)t Ili t't%n)l ±leti)trti�: docriminat011. of a1)pro':al t nilt'Utai d IiIN (lit` ( it, n'lighl lift? atl)1 YI's?tt 44 -hat 1 a!at altpi', ua>> tt)1 vt lnlitlll ,rl rOlntltiois on al>pru�;il Na)ni: lvrintcd); Ferdinand Fourie. P.E '12-1- 2015 I etc ecrtilj tuldrr pt malty viperjury that t ant ,tie are, !ht M%Uell s) oI'[lie pioperl\ that is the subject ofthis application and tbal I we have read this application incl tronxeut it io, filing (ifsigilte! bi, the authorizeal agent, as letter f.tLul eacl_j)ranertl, ausner must be nrovirlerl inrlic-afin.t Ilia! the Agm Ps aatkoj'.&&d toact oar hle/her behalf.) Owners faltarh additional mfi, jj MC'CtSsaa;p).` Name (pruned): LARRY SHACKELFORD Nance (printed): Sis:nature: Date: Address:. 3215 iib. North Hills Blvd Fayetteville, AR 72703 Phone: ( 479 ) 463-5003 Address: Phone: ( } Vacation Cheelciist: Jttach Me ftllmring items to this applicalion: ( I ) Payment in lull of applicable fees liar processing the application: 5200.00 application fee S5.00 public notification sign fee (2) Jvletes and bounds legal description or the area to be vacated, not the entire property (Illi~ may be included on the survey plat). (3) Survey ofthe site depicting the perimeter property lines and area within the property to be vacated, (41) CD containing a copy of the legal description in IMS Word and PDF copies of the signed application and all other items submitted with this project. (-5) A surveyor should stake the area oil the site to be vacated foI utility company re+iei+ on their site visit. (6) A letter addressed to the Planning Conunission and City Council describing the scope, nature, and intent of the request. (7) Abstructor's Certificate of Ownership stating names of all owners of property adkjacent to the street right-of-tvay, alley, or casement to be vacated (this document is obtained from a title company), (S 1 A copy of the county parcel nk`tp li'cain tllc Washington C'omily Assessor's office or from the Washington County %vebsile (1ttt4t eu.+ttiatlus~tttlt.:ar.0 ). The subject property and all adjacent parcels should be identiiic) on this parcel map. Tlic owner's name. Official mailing address. and the parcel nun)bcr for every adjacent properly shall be shown on this map. i),i•tn1ho 21114 Aw, CITY OF 04'*4l ay . I 4AN0 SAS TO: THRU: FROM: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Jesse Fulcher, Senior Planner MEETING DATE: danuary 25, 26% Updated January 28, 2016 SUBJECT: VAC 15-5280: Vacation (5 W. APPLEBY RD./WRMC OFFICES, 251): Submitted by USI CONSULTING ENGINEERS, INC. for properties located at 5 W. APPLEBY RD. The properties are zoned R -O, RESIDENTIAL OFFICE, and contain approximately 4.80 acres. The request is to vacate portions of sewer and drainage easements. RECOMMENDATION: Staff recommends forwarding VAC 15-5280 with conditions of approval. BACKGROUND: The subject property is located at the southeast comer of Appleby Road and Bob Younkin Drive. A large scale development for Washington Regional Hospital was recently approved for the property. Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundina Land Use and Zoning Direction from Site Land Use Zoning North Washington Regional Campus P-1, Institutional South Undeveloped R-0, Residential Office East Single-family Attached Townhouses & North Hills Life Care and Rehab RMF -24, Residential Multi -family & R -A, Residential Agricultural West Medical Office R -O, Residential Office Proposal: The applicant proposes to vacate an existing sewer easement and drainage easement. The applicant has approval through the large scale development application to relocate the sewer line and reconfigure the existing drainage utilities on the property. 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 AEA/SWEPCO RESPONSE NA NA Mailing Address: Planning Commission 113 W. Mountain Street www.fayei-t6 Fayetteville, AR 72701 gena Ite 4 15-5280 WRMC Offices Page 1 of 11 Source Gas AT&T Ozarks Electric CITY OF FAYETTEVILLE Water/Sewer Trash & Recycling Transportation Public Comment: No public comment has been received. NA NA NA RESPONSE No objections with conditions No objections No objections RECOMMENDATION: Staff recommends forwarding VAC 15-5280 with the following conditions: Conditions of Approval: 1. Vacation of the sewer and drainage easements shall not -be valid until such time that a new easements have been filed of record, covering the new utility locations. 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Vote: 8-0-0 (Consent) BUDGET/STAFF IMPACT: None. Attachments: • Petition to Vacate ■ Utility Approvals • Easement Vacation Exhibit ■ One Mile Map • Close Up Map - Ct Denied Planning Commission WETC\Development Services Revlew\20160evelopment Review\15-5280 VAC (WRMC/Sob January 25, 2016 Younkin)\03 Planning Commission\01-25-2065\Comments and Redlines Agenda Item 4 15-5280 WRMC Offices Page 2 of 11 DOCC-1rrrber 2, 201 Jesse Fulcher Senior Planner City of Fayetteviik; 1.13 West Mountain Street Fayetteville, AR 72701 Phone : (479) 575••8262 Re, Easement Vacation Request Washington Regional Medical System Appleby Landing Medical Office Buildings Dear Mr. Futcher; Please find enclosed submittal items as a request to vacate existing Drainage and Sewer Easement on the property for the proposed Appleby Landing Medical Office Buildings at the southeast corner of the Appleby Road and Bob Younkin Drive intersection. The Large Scale Development for this project was approved at the November 9, 2015 Planning Commission meeting as LSD 15- 5184. The request is for vacating easement along the existing 36 -inch reinforced concrete drainage pipe and detention pond, as well as a sewer easement provided for a future connection under a previous project. The existing concrete drainage pipe will be relocated and the detention pond has been redesigned and will be reconstructed. Drainage easement will be recorded for the proposed relocated drainage pipe and detention pond under this project. Proposed sewer lines under this project will be private service lines. Please let me know if you have any questions. Sincerely, Ferdi Fourie, P.E. Project Manager PETITION TO VACATE AN EASEMENT LOCATED AT 5. WEST AND 21 WEST APPLEBY ROAD CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and 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 5 West Appleby and 21 West Appleby Road, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: 20 -FEET AND 25 -FEET DRAINAGE EASEMENT: FILE N00023-00000263 PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF THE S1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF SAID 20 ACRE TRACT S87°23'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02°31'13"W 33.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD; THENCE S02°30'44"W 282.46 FEET; THENCE S87°14'19"E 87.13 FEET TO THE POINT OF BEGINNING; THENCE NO2°33'10"E 183.69 FEET; THENCE N25°26'38"E 28.00 -FEET; THENCE S88°29'11"E 21.88 - FEET; THENCE S25026'38"W 32.83 -FEET; THENCE S02°33'10"W 154.70 -FEET; THENCE S87°13'36"E 94.12 -FEET; THENCE S02°45'41"W 25.00 -FEET; THENCE N87014'19"W 114.03 FEET TO THE POINT OF BEGINNING, CONTAINING 0.15 ACRES OR 6,595 SQUARE FEET, MORE OR LESS AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. VARIABLE WIDTH DRAINAGE EASEMENT : FILE NO 0023-00000263 PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF THE S1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF SAID 20 ACRE TRACT S87°23'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02°31'13"W 33.97 FEET 70 A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD S87032'07"E 61.15 -FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE S02027'53"W 20.00 -FEET TO THE POINT OF BEGINNING; THENCE S87°32'07"E 171.58 -FEET; THENCE S02°09'19"W 72.61 -FEET; THENCE N87°55'34"W 45.50 - FEET; THENCE S02°04'26"W 20.35 -FEET; THENCE N87°54'08"W 101.27 -FEET; THENCE NO2*47'44"E 81.86 -FEET; THENCE N62°29'59"W 28.50 -FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES OR 12,894 SQUARE FEET MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. 20 -FEET SEWER EASEMENT: FILE NO 0023-00000263 PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS; COMMENCING AT THE NW CORNER OF THE S1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF SAID 20 ACRE TRACT S87°23'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02°31'13"W 33.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF APPLEBY ROAD; THENCE S02°30'44"W 282.46 FEET; THENCE S87°14'19"E 255.75 -FEET TO THE POINT OF BEGINNING; THENCE N70°41'40"W 72.85 -FEET; THENCE N76°22'03"W 157.87 -FEET; THENCE N87°34'32"W 9.02 - FEET; THENCE NO2°25'28"E 20.00 -FEET; THENCE S87°34'32"EE 10.96 -FEET; THENCE S76°22'03"E 160.83 -FEET; THENCE S70°41'40"E 79.80 -FEET; THENCE S02°54'23"W 17.47 -FEET; THENCE N87°14'19"W 11.34 -FEET TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES OR 5,011 SQUARE FEET MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. That the abutting real estate affected by said abandonment of the alley are at 5 West Appleby and 21 West Appleby Road, 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 taw. 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. Dated this 2`1 day of December, 2015. LARRY SHACKELFORD Printed Name �f 4idnature `" UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: December 2, 2015 - CM t'p0 fzM'n,a" UTILITY COMPANY: City of Fayetteville - USI Consulting Engineers, Inc. 479-872-7115 APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): N Utility Easement Drainage Easement and Sewer Easement 1i Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. tl Alley 0 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") 5.W and 21 W. Appleby Rd(SE of Appleby&Bob Younkin intersection, Fayetteville, AR 72703 (AITA CHlegal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 'Y No objections to the vacation(s) described above. I No objections to the vocation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signat r'ftWUtiti Company Representatives Title Augus12012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: December 2, 2015 UTILITY COMPANY: City of Fayetteville - Solid Waste USI Consulting Engineers, Inc. 479-872-7115 APPLICANT NAME:_ APPLICANT PHONE: REQUESTED VACATION (appllcant must check all that apply): M �M .0 Utility Easement Sewer and Drainage Easement n Right-of-way for alley or streets and all utility easements located within the vacated right- of- way, L1 Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location I Address (referring to attached document- must be completed") "* 5.W and 21 W. Appleby Rd(SE of Appleby&Bob Younkin intersection, Fayetteville, AR 72703 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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,) Cl No objections provided the following conditions are met: of Utility Company Representative fJ u tiw•kert, 4 St des �e t9 - I� �� _ Title August 2012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: December 2, 2015 UTILITY COMPANY: City of Fayetteville - Water and Sewer USI Consulting Engineers, Inc. 479-872-7115 APPLICANT NAME:. e... __.. _ _...... _. _..__. _,..._� _ .m.. APPLICANT PHONE: �, - --.: REQUESTED VACATION (applicant must check all that apply): Utility Easement Drainage and Sewer Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location I Address (referring to attached document -must be completed ") •� 5.W and 21 W. Appleby Rd(SE of Appleby&Bob Younkin intersection, Fayetteville, AR 72703 (ATTACH legal description and graphic representation of what is being vacated -SUR YE 1) 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: Signalufk of Utility Come om Representative `litre August 2012 Page S ------ _ N4V CORNER SECTION 35-- T-17—N R--30—W__ f _ , S87 2:i' 29"E V383.8` 2' sal 3z 07"e S2.2T__5 7 ._ WAINAOE'EAS EMCt1T 2 _sal 32 07"E---------- 171,58, ..-- r- - 5��. I7t58 I — �$9 4 t pp �a88 29 11 E- �•,• �- • ��,I uy � 2188 i "� 04 f rV)- (N N87' S5' 34'W t 10121__ { : 0' J( N87' 54 08'W� VACATED DRAINAGE EASMEh< 1 < 1 - 0.30 ACRES: 2, 1.894 SQ. O I ft m O 1 R w 0t PARCEL #765-1596 t `11Cr .ED DRAINAGE EASEMENT4-21OIn" 2,? 38 ACRES ±0,15 Ai ?EJ 6,595 5O.' --I. 34' 32"E !; l _ t:.• N2 2S' 2 }i 10 96 ., x.02' ?6. 22. 03. S2' 45' •st'Pt N87- 34 32"W 780 - 25. 0' $ j S2' 54' 23"W 17,41 7' VACATED SEWER EASEMENT 1s�o1 4j =0.12 ACRS; 5,011 SO. FT.g 40'� 10, I�587 t p 9"c 1•! C/ 8 f - 87.13' it4.03' S87' i4' tg'�_ �1/J/�j// I P.O. R — N87' i d' i9"W 255.75' t DF IMAGE EASEMENT" t R ft i.*:W R' r iE�R( N' , ! N87' , SEWER EASEMENT GRAPHIC SCALE [! DRAINAGE EASEMENT 50 tl 25 SD 1 E EASEMENT DRAWING ONLY -NOT A SURVEY PLAT WASHINGTON REGIONAL MEDICAL SYSTEM Wastdrglen Co:m�v Arkarsas ( IN FEET) , rte+ MBER Consulting Springdale, Arkansas PARCEL NUDRAWN CKD SHEET 1 INCH = 50 FEET � Engineers ©,o,;USJC­. aE�g­ 76515960-002 1 FF CRN yy� CYDNEE ST i -.. Overview Legend VAC 15-5280 - - - Fayetteville City U its Design Overlay Di trict 0 125 250 500 750 1,000 ------ Planning Area Fe NoRTHWESTARKANsAs �).R . .lir.FA E ":.ti1[i AR,�I�J! �i I- ..-,'iii I-H},.;�i%y•L?y:;-��1� V. ��t'V`,��t'.e�h,!�cCr, MI 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 County 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. NO 5851 Was inserted in the Regular Edition on: February 25, 2016 Publication Charges $ 102.70 (�ttLu)SS'm Cathy Wiles Subscribed and sworn to before me This If day of A&r , 2016. Notary Public My Commission Expires. ZI vs- ASHLEY S ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 My Commission Expires Jul 2, 2025 * *NOTE* Please do not pay from Affidavit. Invoice will be sent. --rkN Do�5ng37 Ordinance: Ordinance # 5851 File Number: 2016-0064 VAC 15-5280 (5 W. APPLEBY RD./WRMC OFFICES): AN ORDINANCE TO APPROVE VAC 15-5280 SUBMITTED BY USI CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 5 W. APPLEBY ROAD TO VACATE PORTIONS OF SEWER AND DRAINAGE EASEMENTS 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 tha the following described sewer and drainage 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 portions of the sewer and drainage easements as described in Exhibit 6 attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Vacation of the sewer and drainage easements shall not be valid until such time that new easements have been filed of record covering the new utility locations. 2. Any costs associated with relocation of or damage to the sewer and drainage and new easement dedication shall be at the owner/developer's expense PASSED and APPROVED on 2/16/2016 Approved: Lioneld Jordan, Mayorj Attest: Sondra E. Smith, City Clerk Treasurer 73585416 Feb. 25, 2016