HomeMy WebLinkAboutORDINANCE 5852113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5852
File Number: 2016-0060
i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ilii
Doc ID: 016761280004 Type: REL
Kind: ORDINANCE
Recorded: 03/08/2016 at 09:14:31 AM
Fee Amt: $30.00 Pape 1 of 4
Washington County, AR
Kyle Sylveisteer Circuit CleClerkFile2016-00006020
VAC 15-5287 (SW CORNER OF PERSIMMON & MTN.RANCH BLVD./PARK HILL
MTN. RANCH):
AN ORDINANCE TO APPROVE VAC 15-5287 SUBMITTED BY JORGENSEN AND ASSOCIATES,
INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PERSIMMON AND
MOUNTAIN RANCH BOULEVARD TO VACATE PORTIONS OF UTILITY 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 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 portions of utility
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 fled in the office of the Washington County Circuit Clerk.
Section 3. This vacation approval is subject to the following condition:
1. Any costs associated with relocation of or damage to utilities and new easement dedication shall
be at the owner/developer's expense.
Page 1 Printed on 2117116
File Number: 2016-0060
PASSED and APPROVED on 2/16/2016
Approved;,/ Attest:
Sondra E. Smith, City Clerk Treasurer
`- • `r.
FAYETTEVILL i�
fA� rrirN
Page 2 Printed on 2117116
EXHIBIT 'A'
15-5287
EXHIBIT 'B'
15-5287
Legal Description:
A portion of an existing utility easement along the east side of Lots 118, 94, 95, and 96, and the east and
south side of Lot 97: also the 16' utility easement situated between Lots 96 and 97 of Mountain Ranch
Subdivision, Phase I as per plat on file in the Circuit Clerk's Office of Washington County, Arkansas.
Washington County, AR
I certify this instrument was filed on
03/08/2016 09:14:31 AM
and recordedin eal Estate
File Numbe 0-00 6020
Kyle Syly" to i it I
by
_ City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
® (479) 575-8323
Text File
File Number: 2016-0060
Agenda Date: 2/16/2016 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: D. 5
File Type: Ordinance
VAC 15-5287 (SW CORNER OF PERSIMMON & MTN.RANCH BLVD./PARK HILL MTN.
RANCH):
AN ORDINANCE TO APPROVE VAC 15-5287 SUBMITTED BY JORGENSEN AND
ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
PERSIMMON AND MOUNTAIN RANCH BOULEVARD TO VACATE PORTIONS OF UTILITY
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 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 portions of utility
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 condition:
1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be
at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 211712016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2016-0060
Legistar File ID
2/16/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/29/2016
Submitted Date
Action Recommendation:
City Planning/
Development Services Department
Division / Department
VAC 15-5287: Vacation (SW CORNER OF PERSIMMON & MTN. RANCH BLVD./PARK HILL AT MTN. RANCH SD, 479):
Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at the SW CORNER OF PERMISSON & MTN.
RANCH BLVD. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain
approximately 1.80 acres. The request is to vacate portions of utility 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
Tay •
ARKANSA5
MEETING OF FEBRUARY 16, 2016
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO!
FROM: Andrew Garner, City Planning Director
DATE: January 29, 2016
SUBJECT: VAC 15-5287: Vacation (SW CORNER OF PERSIMMNON & MTN.
RANCH BLVD./PARK HILL AT MTN. RANCH SD, 479): Submitted by
JORGENSEN & ASSOCIATES, INC. for properties located at the SW
CORNER OF PERMISSON & MTN. RANCH BLVD. The properties are
zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain
approximately 1.80 acres. The request is to vacate portions of utility
easements.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 15-5287 with the following
condition:
1. Any relocation or damage to utilities and associated new easement dedication shall be
at the owner/developer's expense.
BACKGROUND:
The property is located at the southwest corner of Mountain Ranch Boulevard and Persimmon
Street. The Park Hill at Mountain Ranch Residential Planned Zoning District for development of
10 single family homes was approved for this property in 2013 (R-PZD 12-4284). Construction of
homes has not yet begun. The applicant proposes vacation of portions of platted utility easements
as shown in Exhibit "A" and described in Exhibit "B". This vacation would allow construction of
homes closer to the public street in accordance with the concept in the approved PZD. The
approved PZD has a 5 -foot front building setback, however there is an existing 20 -foot utility
easement that was platted with the original Mountain Ranch Subdivision. There is also an
unnecessary utility easement that was platted on the side property lines between two lots.
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.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Application
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Planning Commission Staff Report
EXHIBIT 'A'
15-5287
EXHIBIT 'B'
15-5287
Legal Description:
A portion of an existing utility easement along the east side of Lots 118, 94, 95, and 96, and the east and
south side of Lot 97: also the 16' utility easement situated between Lots 96 and 97 of Mountain Ranch
Subdivision, Phase I as per plat on file in the Circuit Clerk's Office of Washington County, Arkansas.
CITY OF FAYETTEVILLE, ARKANSAS
Righti .,41
FOR STAFF USE ONLY
Date Application Submitted:
Date Accepted as Complete:
Project Number:
Public Hearing Date:
FEE: $200.00
Sign Fee: $5.00
S -T -R:
PP#.
Zone.
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished.
Application:
Indicate one contact person for this request:
Applicant (person making request):
Name:L�
Address:0 d 1Z
`t ojirri� �-7zq- ib'
Applicant '/Representative
Representative (engineer, surveyor, realtor, etc.):
Name:
JORGENSEN & ASSOCIATES, INC.
r 1VLaIlVr-r—Mo 6c ' lOunV G T Vito
Address: 124 W. SUNBRIDGE DRIVE, SUITE
HETI EVI 1 r_ n n ; n2i E) -,
3
T ,
Phone: ( ) Phone:
Email: Email:
Fax: ( ) Fax: (
Site Address /Location: - �g� (.��-ZAW 4 1's.-r'VL
Legal description of area to be vacated (attaco separate sheet if necessary):
Min- �Jxc
Current Zoning District:'
Assessors Parcel Number(s) for subject property:
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
December 2014
Page I
APPLICANT /REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval.
Name (printed): i(Bo, ,- ti a �- _ Date: i1 /i f i
PROPERTY OWNER(S) /AUTHORIZED AGENT: l/we certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed by the authorized agent a letter from each property owner must be Provided indicating that
the agent is authorized to act on his/her behalf.)
Owners (attach additional info if necessary):
Name (printed): ':�-Z <\/36244 x` s /�
Signature:
Date: i I 4J9
Name (printed):
Signature:
Date:
Address:
Phone:
Address:
Phone: ( )
Vacation Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
$200.00 application fee
$5.00 public notification sign fee
(2) Metes and bounds legal description of the area to be vacated, not the entire property (this
may be included on the survey plat).
(3) Survey of the site depicting the perimeter property lines and area within the property to
be vacated.
(4) CD containing a copy of the legal description in MS Word and PDF copies of the signed
application and all other items submitted with this project.
(5) A surveyor should stake the area on the site to be vacated for utility company review on
their site visit.
(G) A letter addressed to the Planning Commission and City Council describing the scope,
nature, and intent of the request.
(7) Abstractor's Certificate of Ownership stating names of all owners of property adkjacent
to the street right-of-way, alley, or easement to be vacated (this document is obtained
from a title company).
(8) A copy of the county parcel map from the Washington County Assessor's office or from the
Washington County website (�vww.co.wasltin&,ton.ar.us). The subject property and all
adjacent parcels should be identified on this parcel map. The owner's name, official mailing
address, and the parcel number for every adjacent property shall be shown on this map.
December 2014
Page 2
CITY OF
'OrayV1 le
ARKANSAS
TO:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
January 25, 2016
SUBJECT: VAC 15-5287: Vacation (SW CORNER OF PERSIMMNON & MTN.
RANCH BLVD./PARK HILL AT MTN. RANCH SD, 479): Submitted by
JORGENSEN & ASSOCIATES, INC. for properties located at the SW
CORNER OF PERMISSON & MTN. RANCH BLVD. The properties are
zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain
approximately 1.80 acres. The request is to vacate portions of utility
easements.
RECOMMENDATION:
Staff recommends forwarding VAC 15-5287 with conditions of approval.
BACKGROUND:
The property is located at the southwest corner of Mountain Ranch Boulevard and Persimmon
Street. The Park Hill at Mountain Ranch Residential Planned Zoning District for development of
10 single family homes was approved for this property in 2013 (R-PZD 12-4284). Construction of
homes has not yet begun. The surrounding zoning and land uses are depicted in Table 1.
Table 1
Surroundinq Land Use and Zoning
Direction
Land Use.
Zoning
North
Vacant
R -A, Residential Agricultural,_ C-PZD Forest Hills)
South and West
Single family residential
RSF-4, Residential Single Family, 4 units/acre
East
Mountain Ranch:
Apartments
RMF -24, Residential Multi -Family, 24 units/acre
Proposal: The applicant proposes vacation of portions of platted utility easements to allow
construction of homes closer to the public street in accordance with the concept in the approved
PZD. The approved PZD has a 5 -foot front building setback, however there is an existing 20 -foot
utility easement that was platted with the original Mountain Ranch Subdivision. There is also an
unnecessary utility easement that was platted on the side property lines between two lots.
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
Mailing Address: Planning Commission
113 W. Mountain Street ww ie a e� �'tl rmif %ngov
g
Favetteville. AR 72701 1C_C7Q7 D—L, Will n+nn+., ate.
AEP/SWEPCO
Source Gas
AT&T
Ozarks Electric
CITY OF FAYETTEVILLE
Water/Sewer
Trash & Recycling
Transportation
Public Comment:
No public comment has been received.
No objections
No objections
No objections with conditions
No objections with conditions
RESPONSE
No objections
No objections
No objections
RECOMMENDATION: Staff recommends forwarding VAC 15-5287 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: 0 Approved xi Forwarded CJ Denied
Meeting Date: January 25, 2016
Motion: Cook
Second: Autry
Vote: 8-0-0 (on consent agenda)
BUDGET/STAFF IMPACT:
None.
Attachments:
• Request Letter
■ Petition to Vacate
■ Utility Approvals
■ Easement Vacation Exhibit
• One Mile Map
• Close Up Map
Planning Commission
WETCOevelopment Services Review\2015\Development Review\
.January
15-5287 VAC SW Corner of Persimmon & Mtn. Ranch Blvd. (Park Hill @ Mtn. Ranch)\03 Planning Commission Item
5
m 5
\01-25-2016\Comments and Redlines Agenda te
15-5287 Park Hill at Mtn. Rar
124 etsuntireDsu,tes
JORGENSEN Fayetteville, AR 72703
Ofte:47 442,9127
+ASSOCIATES fax 479582.4807
Cavil Erg!neenng + Surveying
November 17, 2015
City of Fayetteville
1.13 W. Mountain
Fayetteville, AR. 72701
Att: Planning Dept.
Re: Easement Vacation Parkhill @ Mountain Ranch
Attached please find information pertaining to an easement vacation. This is for Parkhill at Mt. Ranch a PZD.
Please call concerning any questions you may have.
Thank You.
Sincerely;
4Da14L.lorgeneri, P.E.
Planning Commission
January 25, 2016
Agenda Item 5
PETITION TO VACATE a portion of a utility easement
LOCATED IN the CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being the owners of the real estate sought to be vacated as shown on attached
easement vacation plat, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said
portion of an easement as shown,
( SE€ ATTACHED)
That the abutting real estate affected by said vacation would not be adversely affected.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate said portion of
easement, and that the above described real estate be used for their respective benefit and purpose as
now approved 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, 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 right of way.
Dated this % day of 20� 57
Printed Name
Signature
Printed Name
Signature
Planning Commission
January 25, 2016
Agenda Item 5
15-5287 Park Hill at Mtn. Rat
UTILITY APPROVAL FORM
FOR RIGHT- OF- 14'Ay, ALLEY, AND
UTILITY EASEMENT' VACATIONS
DATE: 12/16/2015
UTILITY COMPANY:
APPLICANT NAME- � ij,.�,('j Qr je APPLICANT PHONE: 'J r
Rtility'Eascment
P-D VACATION (applicant must check ail thatapplyJ: 4+ -- Z Z-
-cl b
7
Right -of way for alley or streets and all utility easements located within the vacated right- 4f- way.
Alley
street right-of-way
I have been notified: of the petitions to ,vacate the following (alley, easement, right -of -wary), described as follows: f
General location / Address
Cir (ATTACK legal deseription and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
x No objections provided the following conditions are met:
Previous vacate on this property must be addressed before we can grant any further vacates on this
property. Once other vacate has been paid and relocated, we will grant this vacate.
.Representative
Construction & Planning Manager
Title
December ?Old
r se s
Planning Commission
January 25, 2016
Agenda Item 5
1 1;-F9R7 Port` Will o+ Mon P—
UTILITY APPROVAL FORM
F0,111RIGHT- OF- WAY, ALLEMAND
UTILITY EASEINIENTVACATIONS
1) A V--: 12- 5 - 1,S-
1,.'T1I,ITY COMPANY:
APPLIC ANT NANIE:
0,A APPLICANTPHONF,
REQUESTED VACATION (apP110111 amst Check all that OPPIM tZ, 7
i"�wilitYEOS=Ojlt
Right-of-way for alley or streets and all utility casements locawd%vithiji the vacated right- of -array.
Alley
Street ri.ght-of-wAy
I have been notified of die petition to vacate tjje,101jowijjg (Ojk�,righf-q�-wqy), described as follows:
General location / AddressOlAdl
(,-17*7ACIIte�,Oalde$ACrip.tiO)ja; gr4p)jicrepresentation qfwhat is being
UTILITY COMPANY C(7NWENITS:
kNo objections to the vacation(s) descrihcd above% and no comments,
7: ,.;o objections to the vacmion(s) described r-bove, provided followkqqdegci,ibed asctnertts art retained,
(Stare tilt; Joe-ation, dfinuits;ions,and purpose below,)
N I I Met:
o objcclions ptovided the Following ecnidit,011S arc
fifity Compijrty lkrt)rcsentXIVC
z�42t,7eelz-
A,,
JON
Planning Commission
January 25, 2016
Agenda Item 5
15-5287 Park Hill at Mtn. Rar
UTiLTTY APPROVAL FOPM
FOR RIGHT 0& WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:'%
UTILITY COW- ANY. +r r4C& ca��a �^
APPLICANT NAME: l J. i SVaJa �� APPLICAN'T PHOl*IE:
REQUE5Tfil3 VAt;ATTON (hp
P&ant must checka#1 brat aFPt3'}:
G Utility Easement
Right of -way .for alley or streets and all utility easements located within the vacated Tight- cf- -%v.
C Alley
i I
Street riglit of=way
1 have been notified of the petition to vacate the follotiAA9 (a11ey, easement, right -of -�vcry), described as follows:
.? a
Cenerallocation/Address Lpws)+�`�`
C3 (ATTACH /egad des—ptlon a, -,d graphic repnesMtation nfwhlam beistg vaeaW-SU)1YEF)
UTILITY COMPANY COWWNI'S:
Y No objections to the -vacations) described above, and no comznw s -
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
U No objections provided the following conditions are met:
Signature of Utility Company
Supervisor- Division Operations
Title
1Jecembei-20 d
Page i
Planning Commission
January 25, 2016
Agenda Item 5
1 r,_A,7A7 Dort WRI + RA+.. D.,.
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: IZ 7
U rlLl l'Y t:QNIPAN ',
APPLICANT NAME: 9n APPLICANT PHONE:
�REQUE ED VACATION (applicant must check all that apply):
.44-2-
9 Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
D 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 6�
l -y"' (ATTACH legal description and graphic representation of what is being vacated-SURVE19
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:
Signaturel'AUtilityC:�nnpiur}yftr ristritvtive
WOCSK
Title
Deccmber 1014
Page 5
Planning Commission
January 25, 2016
Agenda Item 5
15-5287 Park Hill at Mtn. Rar
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 12/15/2015
UTILITY COMPANY:
APPLICANT NAME: l APPLICANT PHONE: _ f {T t?_ J,
REQUESTED VACATION (applicant must check all that apply): 44,2' --q 1, Z7
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
i (ATTACH legal description and graphic representation of what is being vacated-SURY'L39
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:
iF ANY AT&T FACILITIES ARE REQUIRED TO BE RELOCATED OR
ARE DAMAGED WILL BE THE RESPONSIBILITY OF THE OWNER/DEVELOPER
0.~m-•-�
Sigttattre ofliidity Cotnpany Representative
MGR OSP PLNG & ENGRG DESIGN
I•iti::
Planning Commission
January 25, 2016
Agenda Item 5
15-5287 Park Hill at Mtn_ Rar
UTILITY APPROVAL FORM
FOR RIGIIT- OIC'- WAY, ALLEY, AND
UTILITY EASENIENI' VACATIONS
DATE. 12-9-2015
UTILITY COMPANY:,
APPLICANT NAME:t'C'
__---� _� APPLICANT PHONE: E� "".`- J
RES
V ' ED VACATION (applicant must check all that apply): i� 44'2 --qb 7Z-?
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
'
(A TTA CH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
There is a street light at the corner Providence Drive and M.R Blvd. which might need to be
relocated into the new easement. Any relocation of existing facilities will be at owners expense.
natt•cofUtilit 'ornpanyRepresentative
Lead Staking Tech
Title
i0ecre,ntber 2011
Pala ' i
Planning Commission
January 25, 2016
Agenda Item 5
15-5287 Park Hill at Mtn. Rar
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: /'d°t-"
APPLICANT NAME: ' _ APPLICANT PHONE: -e J,
�7ility
` EA VACATION (applicant must check all that apply). 4-2- --qL Z%
Easement
a Right-of-way foralley 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 _ .___. t: .f7� .? r i YL..._... l t 1181 :
(ATTACH legal description and graphic representation of what is being vacated-SVRVE19
UTILITY COMPANY COMMENTS:
r;80 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.)
Title
Jacn,be; ZOid
Page- 5
Planning Commission
January 25, 2016
Agenda Item 5
1 F_r,9R7 Park Hill at KAfn Pnr
DATE:
UTILITY COMPANY;
APPLICANT NAME:
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
.J,
REQUES ED VACATION (applicant rnast check all that apply):
Uti liry Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
_t 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
t5 (ATTACFI legal description and graphic representation of what is being vacated -,SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following desr6bed casements are retained.
(State the location, dimensions, and purpose below.)
lio objections provided the following conditions are met:
Siunatt �rof� Uti,1y
'l' Company Represcntative
!-//5S'r-:l"-1/) i -lt�ri 7�'3 /��r�,�r, �c t
Title
December 2014
Page 3
Planning Commission
January 25, 2016
Agenda Item 5
15-5287 Park Hill at Mtn. Rar
Dc -
q ocu `
t�a+rannaae � ' n � a n x e-airaveyx " �
C a
J""'•""err, r.Yjt�'iiyE`�'AtM," a1tIIY1 H?YOlQC4/tttl'1I11A +> / ^"!• ^j'„ C t(
.w
<n
r <
x i
s',s, r!'8 �,:'Zrit"Yi`X?aF.� t✓ v..,....:.a'`.�' .�, V ��\ { 'a +/{ ? � 4.j a. r .. ..
',^"'�. .• '� C�,�< 'i,� i,. �\,. n: \ / 8l , / \\��.. i r'/ 4jt �, re c+. a ., r »
s .r "'1k . Y� ��a�- r.,u ,/re.c. ,.� C1, I ! `r \ /t rr+ 1` �J. � y'•. assr a�-.' x) a �t tts crt.r
..>.o,e ....« a..`�.�f` {{ � � ry .y s {'�' \ } - y Z� .+.rr<.r a x J -q . ,,,rr.^< s.+.>r r n:r a �r.n+� xmw r•
'S � / .\'• a«\ C «e ::::e mxf }.. � rsxt> 'WrM�, � r�r:
t i- i- .� ,* fa'" /\ i InMtA ` lv°�'`4 \ \.X.t'+e4wTmW z4)fY.'l'UV. e..!•z Dr ctM� 45 T1R
e 'Sl
xortrod rzdaodr
aea r k a x _ oma. \+' ,.rarr ! *Y + r-:,.,« 1 cr sxnn •nu,..
wrs "` "'• ' g" ° ` n '�'- \ .....^... _.. .s
a s nae t u3 �\ r ! ` y.* n.✓= 1 'f \ »p'` 4\ " r.r ..nwe• .,r/ ,� y ss i•,.a
F z t' 9NLYDZ 01SQdOtldlz
i ,k ��' b � l J f t ' �o F �,�? r t i �'� � � r ., s ♦ter `r \r _
cc
J
=f
s.. n l., 1. o \ \.., r+ki, c>=.iH i i * n , \ w f•� y ,� `
rt s s r,.s ,asa.,s
s l
s ) A* tom... t -lV �»• /s'. �r fi.,�/ � � -a': A V .' �
rv«t+= aa'Kiwea ? p ,i e sv. �, .. "' .✓"~:?'F �\�,�'� i}� \ a {:
A erJ.:x n wub
3 M
:.v. r=oano.. x » f K,:. / l 1 �"g%"" �ro k:. i \S.� \ ,n�•.�' 'r+
94 WE
'qm►
+
N ENV
ti —
N '
AS
Z
4
l 1 1 < ±n x
_ inumixn. :33e„'a �!fi•iVi{F)
ENGINEER:
°-" JORGENSEN 8, ASSOCIATES
°iRTJ011'OF EASEMENT TO BE VACAf<?
AF 160 NEW UTILITIES ARE RELOCA TED. CONSULTING ENGINEERS, INC..
124 WEST SUNBRIDGE SUITE 5
FAYETTEVILLE, AR. 72703
(479) 442-9127
,..y, ., r �• -
____ OWNER/DEVELOPER:
r rr TOB YA ti I4Y
,• � COBBLESTONE HOMES
"' • + PO BOX 180428
,rrr ORIGINAL LOT 118 I ; ; FORT SMITH, AR. 72918
N
ORIGINAL LOT 94 ;.
r i 20' OF U E 1 r `., C
er TO BE V SCATEO \ '� •i G
A S
i LEGEND
ORIGINAL LOT 95 ri ` X CALCULATED POINT
• POUND IRON PIN
�` 0 SET IRON PIN & CAP
r is
UTILITY EASEMENT
ORIGINAL LOT 96
GENTERUNE STREET
rr r TO BEE vacATEo \\\ 'IC EASEMENT TO BE VACATED
r r - TO 99 VACATED �
R NEW UrUTIES �y
RELOCri E'J..f.
ORIGINAL LOT 97
W OF U.E. �s� !•�•
...:.:. r
LEGAL DESCRIPTION 1>,
A PORTION OF AN EXISTING UTILITY
EASEMENT ALONG THE EAST SIDE OF y/ S-
LOTS 118, 94,95 AND 96, AND THE EAST'S
AND SOUTH SIDE OF LOT 97, ALSO
THE 16' UTILITY EASEMENT SITUATED J
BETWEEN LOTS 96 AND 97 OF „> r
MOUNTAIN RANCH SUBDIVISION PHASE
I AS PER PLAT ON FILE IN THE CIRCUIT „
CLERK'S OFFICE OF WASHINGTON �}
COUNTY, ARKANSAS.
J124 r $� � � � w' 124 W Sunbridge Drive, Suite 5
V e IM ' V Fayetteville, AR 72703
+ASSOCIATES Fax: 479582.48077
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 FAX (479) 582-4807
SCALE: 1"=100' DATE REVISED CHECKED BY: DRAWN BY: PMM
DATE: 09DEC15 DLJ Z:\SUED\2008135\UEVACATI0N
EASEMENT VACATION
Planning Commission
January 25, 2016
Agenda Item 5
15-5287 Park Hill at Mtn. Rar
1ri_F7R7 Park Hill at Mtn Rar
15-5287 Park Hill at Mtn. Rar
NoRTHWESTARKANsAs
Democrat IF Ic'mutte
! BOX607. f itTTE. i:' F Ak. 7)702', 4 FA"f 479.695-11111: > ihftir W.NWADG, 01,'
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 5852
Was inserted in the Regular Edition on:
February 25, 2016
Publication Charges $ 94.90
O&L M/10
Cathy Wiles
Subscribed and sworn to before me
This I day of /�I , 2016.
A�, I
W, - 00,�,s
Notary Public
My Commission pires:7'Z/Z5--
ASHLEY:DAVISArkansas - Washunty
Notary Public -Co94247My Commission Ex, 2025
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
_TX N C0 15 �Il�37
Ordinance: Ordinance # 5852
File Number: 2016-0060
VAC 15-5287 (SW CORNER OF
PERSIMMON & MTN.RANCH
BLVD./PARK HILL MTN. RANCH):
AN ORDINANCE TO APPROVE VAC
15-5287 SUBMITTED BY JORGENSEN
AND ASSOCIATES, INC. FOR
PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF
PERSIMMON AND MOUNTAIN RANCH
BOULEVARD TO VACATE PORTIONS
OF UTILITY 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
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 portions of utility 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 condition:
1. Any costs associated with relocation
of or damage to utilities and new
easement dedication shall be at the
owner/developer's expense.
PASSED and APPROVED on 2/16/2016
Approved:
Lioneld Jordan, MayorI
Attest:
Sondra E. Smith, City Clerk Treasurer
73585425 Feb. 25, 2016