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Home My WebLink AboutORDINANCE 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 . 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"' .✓"~:?'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