HomeMy WebLinkAboutORDINANCE 5853113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5853
File Number: 2016-0062
VAC 16-5303 (4200 W. MAHOGANY DR./BRADFORD):
i ii iii ii � iii iii�i i i iii i 11111 i i ilii 11111 11111 ii i 11111 ilii i ii ilii
Doc ID: 016761270004 Type: REL
Kind: ORDINANCE
Recorded: 03/08/2016 at 09:14:09 AM
Fee Amt: $30.00 Paqe 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2016-00006019
AN ORDINANCE TO APPROVE VAC 16-5303 SUBMITTED BY REID AND ASSOCIATES, INC.
FOR PROPERTY LOCATED AT 4200 WEST MAHOGANY TO VACATE A PORTION OF UTILITY
EASEMENT
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described utility easement is not required
for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of utility
easement 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. Any costs associated with relocation of or damage to utilities and new easement dedication shall
be at the owner/developer's expense.
2. Owner is responsible for any damage to existing AT&T facilities.
Page 1 Printed on 2117116
File Number 2016-0062
PASSED and APPROVED on 2/16/2016
Attest:
7
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 2117116
EXHIBIT 'A'
EXHIBIT 'B'
16-5303
DESCRIPTION OF EASEMENT ENCROACHMENT
A PART OF LOT NUMBERED 219, CLABBER CREEK, PHASE 5, FAYETTEVILLE, ARKANSAS, AS SHOWN
ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 270, PLAT RECORDS OF WASHINGTON COUNTY,
ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 219, SAID POINT BEING AN EXISTING IRON REBAR; THENCE
NO2036'16"E 29.88 FEET ALONG THE EAST LINE OF SAID LOT 219 TO A POINT; THENCE LEAVING THE
EAST LINE OF SAID LOT 219, N87023'44"W 12.60 FEET TO THE INTERSECTION OF THE SOUTH AND
EAST ROOF OVERHANGS OF AN EXISTING HOUSE FOR THE TRUE POINT OF BEGINNING; THENCE
N87 ° 25'26"W 2.40 FEET ALONG THE SOUTH ROOF OVERHANG TO A POINT ON THE WEST LINE OF A
FIFTEEN FOOT WIDE UTILITY EASEMENT; THENCE NO2°36'16"E 53.15 FEET ALONG SAID WEST
EASEMENT LINE TO A POINT ON THE NORTH ROOF OVERHANG OF SAID HOUSE; THENCE
S87031'44"E 2.34 FEET ALONG SAID NORTH ROOF OVERHANG TO THE INTERSECTION OF THE
NORTH AND EAST ROOF OVERHANGS; THENCE S02°32'16"W 53.15 FEET ALONG SAID EAST ROOF
OVERHANG TO THE POINT OF BEGINNING, CONTAINING 126.0 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
03/08/2016 09:14:09 AM
and recorded in Real Estate
File Numberf2016-00006019
Kyle Sylvester
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0062
Agenda Date: 2/16/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 6
VAC 16-5303 (4200 W. MAHOGANY DR./BRADFORD):
AN ORDINANCE TO APPROVE VAC 16-5303 SUBMITTED BY REID AND ASSOCIATES, INC.
FOR PROPERTY LOCATED AT 4200 WEST MAHOGANY TO VACATE A PORTION OF
UTILITY EASEMENT
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described utility easement is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of utility
easement 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. Any costs associated with relocation of or damage to utilities and new easement dedication shall be
at the owner/developer's expense.
2. Owner is responsible for any damage to existing AT&T facilities.
City of Fayetteville, Arkansas Page 1 Printed on 211712016
City of Fayetteville Staff Review Form
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 16-5303: Vacation (4200 W. MAHOGANY DR./BRADFORD, 283): Submitted by REID & ASSOCIATES, INC. for
property located at 4200 W. MAHOGANY. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE, and contains approximately 0.21 acres. The request is to vacate a portion of a utility easement.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance IS
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
Tays
ARKANSAS
MEETING OF FEBRUARY 16, 2016
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Planner
DATE: January 29, 2016
SUBJECT: VAC 16-5303: Vacation (4200 W. MAHOGANY DR./BRADFORD, 283):
Submitted by REID & ASSOCIATES, INC. for property located at 4200 W.
MAHOGANY. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE, and contains approximately 0.21 acres. The
request is to vacate a portion of a utility easement.
RECOMMENDATION: Planning staff and the Planning Commission recommend approval of VAC
16-5303 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.
2. Owner is responsible for any damage to existing AT&T facilities.
BACKGROUND:
The property is located at 4200 W. Mahogany Drive. The property is currently developed with a
single-family home that was built in 2009 and contains approximately 1,694 square feet. The
home was partially built within a platted utility easement along the east side, encroaching
approximately 1.2 feet into the easement.
The applicant proposes vacation of a portion of utility easement (comprising 126 square feet) as
depicted in Exhibit `A' and described in Exhibit 'B' to bring the residence into compliance with
code.
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:
CC Ordinance, Exhibit A, Exhibit B, Application, Planning Commission Staff Report
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Gawat-toVIIIP aR 777(19
EXHIBIT 'A'
0
VAC16-5303 BRADFORD
Close Up View
LU
a
a
W
z
w
W -
Shared -Use Paved Trail
..... Neighborhood/Park Trail
SPRING HOUSE DR ....,
- Natural Surface Trail
16-5303
Hillside -Hilltop OvgM
- - - Fayetteville City LI
�Footprints 2010
Design Overlay Di
------ Planning Area
ay District
its
0 37.5 75 150 225 300
Feet
EXHIBIT 'B'
16-5303
DESCRIPTION OF EASEMENT ENCROACHMENT
A PART OF LOT NUMBERED 219, CLABBER CREEK, PHASE 5, FAYETTEVILLE, ARKANSAS, AS SHOWN
ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 270, PLAT RECORDS OF WASHINGTON COUNTY,
ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 219, SAID POINT BEING AN EXISTING IRON REBAR; THENCE
NO2°36'16"E 29.88 FEET ALONG THE EAST LINE OF SAID LOT 219 TO A POINT; THENCE LEAVING THE
EAST LINE OF SAID LOT 219, N87023'44"W 12.60 FEET TO THE INTERSECTION OF THE SOUTH AND
EAST ROOF OVERHANGS OF AN EXISTING HOUSE FOR THE TRUE POINT OF BEGINNING; THENCE
N87 ° 25'26"W 2.40 FEET ALONG THE SOUTH ROOF OVERHANG TO A POINT ON THE WEST LINE OF A
FIFTEEN FOOT WIDE UTILITY EASEMENT; THENCE NO2°36'16"E 53.15 FEET ALONG SAID WEST
EASEMENT LINE TO A POINT ON THE NORTH ROOF OVERHANG OF SAID HOUSE; THENCE
S87031'44"E 2.34 FEET ALONG SAID NORTH ROOF OVERHANG TO THE INTERSECTION OF THE
NORTH AND EAST ROOF OVERHANGS; THENCE S02°32'16"W 53.15 FEET ALONG SAID EAST ROOF
OVERHANG TO THE POINT OF BEGINNING, CONTAINING 126.0 SQUARE FEET, MORE OR LESS.
CITY OF
•
ARKANSAS
TO:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, Planning Director
FROM: Quin Thompson, Current Planner
MEETING DATE: Januaf) 1- ... UPDATED JANUARY 28, 2016
SUBJECT: VAC 16-5303: Vacation (4200 W. MAHOGANY DR./BRADFORD, 283):
Submitted by REID & ASSOCIATES, INC. for property located at 42001 W.
MAHOGANY. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE, and contains approximately 0.21 acres. The
request is to vacate a portion of a utility easement_
RECOMMENDATION:
Staff recommends forwarding VAC 16-5303 with conditions of approval.
BACKGROUND:
The property is located at 4200 W. Mahogany Drive. The property is currently developed with a
single-family home that was built in 2009 and contains approximately 1,694 square feet. The
home was partially built within a platted utility easement along the east side, encroaching
approximately 1.2 feet into the easement.
The surrounding zoning and land uses are depicted in Table 1.
Table 1 - Surrounding Z ning and Land Use
Direction
from Site
Land Use
Zoning
North
Sin le-famil Residential
RSF-4, Single-family Residential
South
Single-family Residential
RSF-4, Sin le-fiamily Residential
East
Single family Residential
RSF-4, Single-family Residential
West
Sin le-famil Residential
RSF 4, Single-family Residential
Proposal: The applicant proposes vacation of a portion of utility easement as described above
and depicted in an exhibit provided by the applicant (comprising 126 square feet) to bring the
residence into compliance with code.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments and applicable franchise utilities, with the following responses:
Mailing Address: Planning Com16s
113 W. Mountain Street wwtiv.fayettAgend'a �� 6
Favetteville, AR 72701 16-5303 Bradford
Utility
Cox Communications
AEP/SWEPCO
Source Gas
AT&T
Ozarks Electric
City of Fayetteville
Water/Sewer
Public Comment:
No public comment has been received.
Response
No objections with conditions
No objections
No objections
No objections
No objections
Response
No objections
RECOMMENDATION: Staff recommends forwarding VAC 16-5303 with the following conditions:
Conditions of Approval:
1. Any relocation or damage to utilities and associated new easement dedication shall beat
the owner/developer's expense.
2. Owner is responsible for any damage to existing AT&T facilities.
BUDGET/STAFF IMPACT:
None.
Attachments:
■ Request Letter
• Petition to Vacate
• Utility Approvals
• Easement Vacation Exhibit
■ One Mile Map
• Close Up Map
Planning Commiss
G:1EMDevelopment Services Review120161Development Review116-5303 VAC 4200 w. January 25, 2016
_ _ Aaenda Item 6
INTENT OF REQUEST
January 6, 2016
Planning Commission / City Council
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
Re: Easement Vacation
Dear Commissioners / Council Members,
& ASSOCIATES
PROFESSIONAL
LAND
SURVEYORS
On behalf of my client, James Bradford, I am submitting for your approval the vacation
of a portion of an existing Utility Easement of the property located at 4200 W. Mahogany
Drive. Due to the incorrect placement of the structure at the time of construction, a
portion of the House encroaches onto a fifteen (15) foot wide utility easement along and
inside the East boundary of Lot 219, Clabber Creek, Phase 5 Subdivision to the City of
Fayetteville, Arkansas. Mr. Bradford seeks approval of the vacation of that portion of
easement where the house encroachment exists.
Respectfully,
an Reid
Professional Land Surveyor
118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 arssurveying@sbcglobal.net
Planning Commiss
January 25, 2016
Agenda Item 6
1 R-rAWA Rrarlfnrd
PETITION TO VACATE A PORTION OFA FIFTEEN (15) FOOT WIDE Ui'IUTY EASEMENT ALONG THE EAST
BOUNDARY IN LOT219, CLABBER CREEK, PHASE 6 TO THE CITY OF FAYETTEVILLE, ARKANSAS.
To: The Fayetteville City Planning Commission and
The Fayetteville Qty Council
We. the undersigned, being all the owners of the real estate abutting the utility easement hereinafter
sought to be abandoned and vacated, lying Lot 218, Clabber Creek, Phase 5. City of Fayetteville.
Arkansas, a municipal corporation, petition to vacate a portion of sold eatsementwhich Is described as
folk%vs:
BMW OF
APART OF LOT NUMBERED 219. CLABBER GREEK, PHASE 6, FAYETTEMLLF, ARKANSAS. AS SHOWN
ON PIAT OF RECORD IN PLAT BOOK 23AAT PAGE 270, PLAT RECORDS OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DEWRI13ED As FOLLOWS: COMMENCING AT THE
SOUTHEAST OOPoaIER OF SAID LOT 219. SAID POINT BEING AN EXISTING IRON RMW THENCE
NO20361WE 29.88 FEETALONG THE FAST UNE OF SAID LOT219 TOA POINT, THENCE LEWING THE
EAST UNE OF SAID LOT 219, N87023-44' W 12.60 FEET TO THE INTERSECTION OF THE SOUTH AND
EAST ROOF OVERHANGS OF AN DUSTING HOUSE FOR THE TRUE POINT OF BEGINNING; THENCE
N87.2526'W 2.40 FEET ALONG THE SOUTH ROOF OVERHANG TO A POINT ON THE WEST UNE OF A
FIFTEEN FOOT WIDE UTILITY EASEMENT; THENCE N0203V 16'E 53.15 FEET ALONG SAID WEST
EASE MI ENT UNE TO A POINT ON THE NORTH ROOF OVERHANG OF SAI D HOUSE;THENCE S87.31'44'E
2.34 FEETALONG SAD NORTH ROOF OVERHANG TO THE INTERSECTION OF THE NORTH AND EAST
ROOF OVERHANGS: THENCE $02' 3216'W 53.1B FEET ALONG SAID EAST ROOF OVERHANG TO THE
POINT OF BEGINNING, CONTAINING 126.0 SQUARE FEET, MORE OR LESS.
That no other abutting real astute Is affectedby said abandonment of the general utility easement and
that the public interest and welfare would not be adversely of e<:ted by the abandonmentofthe sbcw
described Portion of the utility easement
WHEREFORE, the undersigned Petitioners respectfully pray that the ,goveming body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, and as to that particular
land the owners be free from the easements of the public for the use of said utility easement.
Dated this 6 day of January, 2016
,�l►Vt ''� it.��.r�i1 �'O�
Printed name
s� ,
Signe.
Printed name
Signature
Planning Commiss
January 25, 2016
Agenda Item 6
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BRICK HOUSE
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iPRo.ED t B.
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MAHOGANY DRIVE
(ASPHALT, 50 R/W)
T.o'
s}
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LOT 22C
LOT 219
CLABBER CREEK
PHASE 5
0.22t ACRES
S_ULpV.L,Y QL5slEIPTQ,:s:
1.0T 219 CIAH'iER CREEK PHASE S 1`0 AHF CI"Y OF
FAYE71tV#LLE, ARKANSAS. AS PER PLAT ON FII_[ IN
OFFICE. OF THE C#RCkAr MFRK ANO iX-UhIICIt) NaCCl2"s;ER
OF WASHINGTON COO` IY, ARKANSAS.
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EXCEPT AS SPE:CWMA3LY yTA?:r) C'R SHfjWN U4 IKIS PLAT. TN,S SURVEY (TOES
NO U FCW T,0 FIE 1. CT AN. 0v "..V.?itC�
E FO:LQNING i WAY e APPLIC:Eik.£
70 _E SU *'CRL ESTA
EASEVENi S. O 4 Ell T -N PCSSI '"Sr VENTS WHICH HERE VIVE,E AT THE
Mr- OF VAXINU Or 146 SUnv'Ev. RESTRICTIVE CCV<NANTS; SUODPAS#:ill
RE5M'rTIONS CR C,'AER LUNO UR
SE _L`UTATIONS; AND ANY C7HER FACTS
.""H AN ACCURATE VILE SEARC4 IA,NY DISCLOSE.
'HIS SURVIEY IS la.13 CN..! - ORAVIIVG INC:.;DEO 7HE SFA: AND
OF THE SURVEXW
tl5 sywzy maTs OR ;X E a TH£ Cf<'RRw 'ARKANSAS V.INaHiom
ST..,* RDS FOR PROPERTY 9 NNRY SUW4YS AND PLATS`.
OECIAPAMON IS VAv ;;} t`T.v€:NAI_ PURCHASER OF 7HE SURVEY, IT 'c
N?r -,RkNSreRA..LE TO k:0 MiL iNSTIT r,01 S OR UBS£OUE%' O'NNVE S.
°1,13 S. FACE Ars ENu ^NaEN-A_ C0u0MONS WERE NOT EXA -rte 3 OR
O.. D,.NED AS A PAA7 CF S 5.TzsEX,
S' SRV Y
A PART OF LOT 2'9 CtABCER CRz-yK ?HASE 5, FAYEREVILLE. ARKANSAS,
AS SHCW'N 0', FLAT OF RECORD IN PLAT 800K 23A AT PAGE 270, PLAT
R:CORDS OF WASHNGTON COUNTY, ARKANSAS, BEING MOIRE PARTICVLARLY
QESCR#RED AS FO OWS; COMMENCING AT THE SOUTHEAST CORNER OF
SAHs LOT 2'9, SAID POINT BE€NG AN EXISTING IRON REBAR; THENCE
NO2 36'16"E 29.28 FEET ALONG '"HE EAST LINE OF SAID LOT 219 TO A
POINT: THENCE :.i:A'++€NG CHE '_".`.S`- LINE OF SAIL' LOi 219, N$7'25'44'Vi
1260 :EET TO T -:E IWERSECTiON OF HE SOUTH R\0 _AST ROOF
OV RKiNGS Or AN Ex S.-�'NG HOUSE ash 'r+ RUE MX- OF BEGINNING;
nc3vC N+) 2S cE, W < AJ FEET AI Uh Yc SOW.4 ROOF OVERHANG -0 A
P0114T ON THE WEST LINE OF A FIFTEEN F307 WIDE UTILITY EASEMENT;
THthCE N02361G r Sz 5 FE.T A VhC SATO 6c.S CASEMENT LINE TO A
POINT ON THE NCPTr< ROU CV( HANG OF CA [CJSE; 7HENCE
A� R4 E 7 34 FE7 ALONG AZ NORTH ROUr Ov'ERIIANC TO THE.
1\7RsIJ*N OF NcR H AND rA kO -HENCE
S k'S2 '6W 53 F A._CNG SAID EAST 'qQCr OVFR{ANG TO THE.
POINT OF T ( I NI N.:, CON AI,NSNG I 6 5 UA._ FEET !BORE OF LESS
f1Y R: DEAL, ANCY
5A'L,�R BRAD: ICRC, JAMES CASEY Py..
z_RA 3FORD, JAMES C,
ADDRESS 4200 W. VM-OGA.NY DR.
FAY- EV€ -LE, ARKANSAS
kon Reid & Associates
I iF SaiJh ^.::;eqe Avenue
:'eyv'lavi e, A:rk u OS /7,101
(479) 444-8764
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f
EXISTING IRON RESAR
0
GAS MFER
-AMP POST
*
SANITARY SEVER MANHO„ E
d
SE7 1/2" IRON RI BAR
ev
WATER M TER
- -
CENTERI 'NE ROAD
- - - - -
RIGHT-OF-WAY LINE
-� --
PRIVACY FENCE
BUILDING LINE
- — -
EASEMENT LINE
— - _ --
BUILDING SETBACK L'NE
PROPERTY LINE
O'
30' 60' 90'
1 ' - 30'
WE: 12/07175 � REVISED: 1 PROJECT NO.
SCALE: 1 .T.O' DRAWN BY: jr I!Bili
JAMES BRADFORD
DATR:
UTILITY APPROVAL FORM
FOR RIGHT-OFWAY, ALILEY, AND
UTILITY ISASEMEW VACATIONS
0 16
APPLICANT NAME: JMM Bradittiti APPLICANT PHONE: 47'9-283-7935
REQUIM'8I') VACATION (O"Na mt mot check MI that appigj:
U4'li�' ia�aratsxt
17 FtiglWof vraay for alley or sbub aad all taly t m* loaWA within the vara" rigor of- wxy.
T! Aiiay
D Sued right-of-wmy
I have bee# noti'fitd of the pctitioa to vauge the fbHowi»g (alley, atxmm right4%",3 dcxnW •s follows:
Geed location t Arras 4200 West Mah D dvfa Ate. Arkansas 72704
O (AMW hr"Merwon as 9whk Mrrwaeartitti'an of"hot is bring 1*0"d-$VRVBV
COMPANY CON04SM:
No objatioras to the v&cx6 a(s) dcsaibcd above, and no comms atL -
0 No objoaions to the vacation(s) described Mme, provided ibllowingdescribed c&wmcots arc Maained.
(State the lo+ edm dine oras, vW pwpoc below)
C No objaxio= pravWed the Mlowiins eoa.4 :.:.. wi=
4
e.
r a
sigtrt of Utility Ccs:>pa tiva
Yt5"}Yaj7a3'�'1Ot~ '1.:.1,�R►�1t!i`✓
TWO -
0
X1AVather2014
PaoJ
Planning Commiss
January 25, 2016
Agenda Item 6
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UT1UTY EASEMENT VACATIONS
DATE: 12118/2015
unwy COMPANY: AT&T
APPLICANT NAME: . 00*S Bradford APPWCANT PHONE: 479-285-7935
REQUESTED VACATION (gw1kaxr artxurhock agtkoapply):
I/ Utility fitment
RIBM-4way for alley or strecu and all taility easements located within the vacated rift- or- way.
Alley
Street riot -or -way
I have been nodfled of the petition to vacate the following (alley, easement right-of-way), described as follows.
General 1oc tine ►Address 4200 West Mahogany Drive, Fayetteville, Arkanim 72704
t'3 (�f 7TaCH ftgaf descripriaa awd gnaphdr reprearnwtian orf rrirar ►s belttg mutwtrd�S'1"1R 1rL'Y)
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 casements arc retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are mer.
The property owner is responsible for any damage to AT&T facilities currently present.
Layne Rhodes
EngLu�c..nat.H sv �a++v oro, o -us
aas 20IS.1271 oa ft H -0croc
Signature of Utility Company Representative
Manager-EngineerinDesign
Title
Uecemur aols
Page S
Planning Commiss
January 25, 2016
Agenda Item 6
UTILITY APPROVAL FORM
FOR RIGB'r- OF WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1211rlrM6
UTILITY COMPANY: Cox Communications
APPLICANT NAME: James Bradford APPLICANT PHONE: 47"83.7935
II UBSTEO VACATION (irpomw mrw t cAwk jItbat sWpty):
''!r Util�y' Faa�nnutt
U Right -Of -WAY for Xlky of t$ aW all tuiliry aasMMU lc"W Wifta tine vaWad right- Of- way.
U Alley
street rigid-ofway
1 have bei notifed ordw peddon to vacate the following (allay. ewertteat, right-v;eAW1 detrribed es follows:
Gen" location / Addy 4200 West M2Lwony Drive, FayetbMft, Arkanws 72704
0 (AFT-4CJS►kgat cloaca 00, awed gr**k apramis tlan of what ft being rataterl,SVAF W9
UTILITY COMPANY COMMENTS:
€3 No objections to tha vacation(s) dc=bed above, inti no comracats.
C No objections to tha vacation(s) dasarlbed above, provided following da gibed easetnnnts aro TeWned.
(State the locatiots, dimmions, and pugmc below.)
7t No objections provided the following conditions are tnet:
No objection to vacating the pqxjion of easement where the enchroac.hment is.
Andarnagg to gr e ovation of existing facilities will be at the o+►vtte mole ers arise.
S' ince of Utility Company Rcgwm=ntative
Construction and PLvnnine Manager
Title
Da.wbw2a 4
Pgst J
Planning Commiss
January 25, 2016
Agenda Item 6
UTILITY APPROVAL FORM
FOR RICHT- Or- WAY, ALLEY, AND
uTILITY EASEMENT VACATIONS
DATE: 12MEi2D)5
LMUTYCOMPANY.
APPLICANT NAME: Jsrnars Bt tlCtrrd APPUCAN( PNWMe 479-283-M5
REQUESTED VACATION (aW*wl rtiX0 dwc* 9900 0WAY).
llT• utility swpstrt:t
a Rt*.Gr way fora#ley or slrcets and an utility easerata►ts located widtin lbs vatatcd eqm- or voy.
U Abay
a strw yw"f--way
I bavt: bee notllied orft peffm to vacate tate ibl (alley, eas owl, rot-of--tiry), deKnibed'as (allows:
Cetteral laeatia� / Attdrt s 4200 West MeLpMetM Fa Aftmas 72704
a,OtG /6" L 8, h` j Lrr —did GO7� . l f
MITAW19rrt6sr0lp0001n+ 9nokrPxerrAW"ofw4tw&ieafNsP"Oud•StRn"
UTILI[ Y•COMPANYCOMMENTS:
No objwdm to the vxadoas) described above. cad no coirivwxts.
0 No objections to tht vRestioos) desu lied above, provided fallowing described easemcots we retamEl.
(State the location, di wmfotts, and potpose below:)
No objedim provided the following cors gow *M mct:
—M * d4w /;z -;;?I
sisna lwc orwitity Cz&Amy Representative
c.
THIe
0aVx0&r =4
A'3
Planning Commiss
January 25, 2016
Agenda Item 6
1 R_SnflQ P—Af-4
I
UTYLM APPROVAL FORM
FOR RIGIFFT OF- WAY, ALW AND
fFrt[. WRASEM1NTVACA770NS
i21181Zit1S
COMPANY: �,.3[[""O(_A-t "6th
NI` NAME: JWM 9na ftW APPLICANT r1fo fs. 479.283-7W5
rED VACATION (spplmWstaddwka'tAraarapply):
U ty EWAMOmt
RW-ofvraY ib Ocy or ski end aU ub"iity amnxnts Ilocakd min ibc vamed rio of- sway.
Alky
st�tri�t-of-way
N . cen wdficd oftha pion to varato the ti►iloaimg (may, detafm d as folio
se laea t n / Ada esa4200 WeM M F , A* sw 72704
CI 1(.4 ITAGWflat davijiraiaurmCknrpJa<k rriawYxat odon of WW b bdAW ro+aORU*SiTRV"
COMPANY COMMENTS:
>e,_ No objections to the vaczd*s) dcwnW above, sad no =m=w.
No objCWDM to the - cafi*s) descnW above, pmveded Mvwing d¢scsibed ==beEb arc Mitred.
(State the kxt &1'4 d`mtmwns, and purpose Wow)
Tsde
objections provided the fatiovwmg cartoons arc met
o..ota
Pager 3
Planning Commiss
January 25, 2016
Agenda Item 6
UTILITY APPROVAL FORM
FOR RIGHT- OF WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 12hBM16
UtiikM COMPANY- ^kY 9rT0y1 "-
APPLWANTNAME: JVM Sraftd APPLICANT PHONE+179.203-7M
REQilESTED VACATION {alrppvW a,wYxr clAftk off thaw spply}:
"1/ �Jthr�rF,
11%10-oC-way far alley or sb=b sad all *60ty waueratw )oOW wits in the vae" rigid- of way.
AOq
sucet sighs- ",sy
I bane been unti ed oftbe petition to vacTac de M wing (alley; comes ,t, Hzht-*w qdewnba a Wows:
(;ettersI Iocat1s>,tAdarm 42b0'WeM Drive. Fe davit. Arkwims 7'2']"04
(A7r-4CHkz#1 mmW" gEj vwkknpaa xcfWksthr*clogva f.J`t FE I)
No objections to the vatat;*s) descnbcd above, and no coamTeats.
Poo' No objections to the vgc*6*s) described about, povUW foNowing descnl cd asemants are MAMA
A
(State the kacsda% dkmen3iorsi and purpose below.) A4
No objved srs provided tits fin W*,Tag conditions are tact+
sipauv4of utility cfmtww Repraeotstive
Title,
rA=wtbrr2Q14
por,
Planning Commiss
January 25, 2016
Agenda Item 6
1R-c;*In't Rrarlfnrd
16-53(13 6r;gdfnrri
NORTHWEST ARKANSAS
Democrat Voazc&
a�.,
1-....r;, .ui.G iIEIILIE AR. ,u< 417-9-449-17009.FAVI' o..r., i11h �✓ v„ �t Al[)G._.�r.
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 5853
Was inserted in the Regular Edition on:
February 25, 2016
Publication Charges $ 92.30
ONL tol,
Cathy Wiles
Subscribed and sworn to before me
This I day of MW, 2016.
&)OU�4 a)Js
Notary Public
My Commission Expires: `1 /Z ZS
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.
-rx N on e)r-rga'7
Ordinance: Ordinance # 5853
File Number: 2016-0062
VAC 16-5303 (4200 W. MAHOGANY
DR./BRADFORD):
AN ORDINANCE TO APPROVE VAC
16-5303 SUBMITTED BY REID AND
ASSOCIATES, INC. FOR PROPERTY
LOCATED AT 4200 WEST MAHOGANY
TO VACATE A PORTION OF UTILITY
EASEMENT
WHEREAS, the City Council has the
authority under A.C.A. § 14-54-104 to
vacate public grounds or portions
thereof which are not required for
corporate purposes; and
WHEREAS, the City Council has
determined that the following described
utility easement is not required for
corporate purposes.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the
City of Fayetteville, Arkansas hereby
vacates a portion of utility easement 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. Any costs associated with
relocation of or damage to utilities and
new easement dedication shall be at
the owner/developer's expense.
2. Owner is responsible for any
damage to existing AT&T facilities.
PASSED and APPROVED on 2/16/2016
Approved:
Lioneld Jordan, Mayorj
Attest:
Sondra E. Smith, City Clerk Treasurer
73585428 Feb. 25, 2016