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HomeMy WebLinkAboutORDINANCE 5863113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5863 File Number: 2016-0144 Doc ID: 017025730004 Type: REL Kind: ORDINANCE Recorded: 08/23/2016 at 09:57:46 AM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk Flle2016-00024305 VAC 16-5324 (NE CORNER OF DRAKE & MCCONNELL/NELMS CLIMBING GYM): AN ORDINANCE TO APPROVE VAC 16-5324 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF DRAKE AND MCCONNELL TO VACATE PORTIONS OF A 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 portions of a utility easement 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 a 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. The existing water line shall be cut and capped and hydrant removed per the approved plans at the owner/developer's expense. Page 1 Printed on 416116 File 1Uumber: 2016-01 44 Ordinance: 5863 PASSED and APPROVED on 4/5/2016 Attest: Sondra E. Smith, City Clerk Treasurer � ;FAYETTEVILLE;� CD 14- i i ON Page 2 Printed on 416116 16-5324 EXHIBIT'A' EXHIBITS' 16-5324 LEGAL DESCRIPTION: EASEMENT TO BE VACATED COMMENCING AT THE SE CORNER OF THE SE 1/4, NE 1/4 OF SECTION 33, T-17-N, R-30- W THENCE WEST 818.38 FEET, THENCE NORTH 30.00 FEET, THENCE S88°17'56"W 151.57 FEET, THENCE N78°20'42"W 38.71 FEET, THENCE N69°11'16"W 37.21 FEET, THENCE N52000'45"W 40.53 FEET, THENCE N36°22'04"W 38.27 FEET TO THE POINT OF BEGINNING, THENCE N25°41'08"W 39.42 FEET, THENCE NO2-20-01"E 225.75 FEET, THENCE N67042'05"E 27.50 FEET, THENCE S02020'01 "E 230.97 FEET, THENCE S25041'08"E 30.85 FEET, THENCE S58058'24"W 25.11 FEET TO THE POINT OF BEGINNING, CONTAINING 6,587 SQUARE FEET. Washington County, AR I certify this instrument was filed on 08/23/2016 09:57:46 AM and recorded in,Real,Estate File Number 2(616-0 2 05 Kyle Sylvester - Ci t Cl by City of Fayetteville, Arkansas 113 West Mountain Street / Fayetteville, AR 72701 (479) 575-8323 ` 1 Text File File Number: 2016-0144 Agenda Date: 4/5/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 VAC 16-5324 (NE CORNER OF DRAKE & MCCONNELL/NELMS CLIMBING GYM): AN ORDINANCE TO APPROVE VAC 16-5324 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF DRAKE AND MCCONNELL TO VACATE PORTIONS OF A 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 portions of a utility easement 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 a 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. The existing water line shall be cut and capped and hydrant removed per the approved plans at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 41612016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0144 Legistar File ID 4/5/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/18/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5324: Vacation (NE CORNER OF DRAKE & MCCONNELL/NELMS CLIMBING GYM, 248): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at the NE CORNER OF DRAKE AND MCCONNELL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.97 acres. The request is to vacate portions of a utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: V20140710 CITY OF a C e��le ARKANSAS MEETING OF APRIL 5, 2016 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: March 18, 2016 SUBJECT: VAC 16-5324: Vacation (NE CORNER OF DRAKE & MCCONNELL/NELMS CLIMBING GYM, 248): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at the NE CORNER OF DRAKE AND MCCONNELL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.97 acres. The request is to vacate portions of a utility easement. RECOMMENDATION: Planning staff and the Planning Commission recommend approval of VAC 16-5334 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. The existing water line to be cut and capped and hydrant removed per the approved plans at the owner/developer's expense. BACKGROUND: The subject property is an undeveloped parcel located at the northeast corner of Drake Street and McConnell Avenue and contains approximately 3.55 acres in the C-2 zoning district. Surrounding land use and zoning is depicted on Table 1. On February 22, 2016 the Planning Commission approved LSD 16-5313, an indoor climbing gym on the site with a 19,500 square foot building and associated parking lot. The applicant proposes vacation of a portion of utility easement (comprising 6,587 square feet) as depicted in Exhibit 'A' and described in Exhibit 'B' to allow development on the site. DISCUSSION: On March 14, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 6-0-2 as a consent item, with Commissioners Autry and Hoffman recused. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: • Exhibit A • Exhibit B • Application • Planning Commission Staff Report 16-5324 EXHIBIT 'A' EXHIBITS' 16-5324 LEGAL DESCRIPTION: EASEMENT TO BE VACATED COMMENCING AT THE SE CORNER OF THE SE 1/4, NE 1/4 OF SECTION 33, T-17-N, R-30- W THENCE WEST 818.38 FEET, THENCE NORTH 30.00 FEET, THENCE S8801715611W 151.57 FEET, THENCE N78020'42"W 38.71 FEET, THENCE N69-11'16"W 37.21 FEET, THENCE N52°00'45"W 40.53 FEET, THENCE N36°22'04"W 38.27 FEET TO THE POINT OF BEGINNING, THENCE N25°41'08"W 39.42 FEET, THENCE NO2°20'01"E 225.75 FEET, THENCE N67042'05"E 27.50 FEET, THENCE S02020'01"E 230.97 FEET, THENCE S25°41'08"E 30.85 FEET, THENCE S58058'24"W 25.11 FEET TO THE POINT OF BEGINNING, CONTAINING 6,587 SQUARE FEET. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONL Y FEE. $200. 00 Date Application Submitted: Sign Fee: $5.00 Date Accepter! as Complete: S-T-R: Project Number: PP#: Public Hearing Date: 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: Vertical LLC Dennis Nelms Applicant X Representative Representative (engineer, surveyor, realtor, etc.): Name:Jorgensen & Associates Justin Jorgensen Address: 2780 Crossover Rd Address:124 West Sunbridge, Suite 5 Fayetteville, AR. 72703 Fayetteville, AR. 72703 Phone: ( ) Phone: (4 7 9) 442 - 912 7 Email: adventure.dnelms@gmail.com Email:justin@jorgensenassoc.com Fax:( 1 Fax:( ) Site Address / Location. NE corner of Drake and McConnel Legal descri tion of area to be vacated (attach separate sheet if necessary): See at ached Current Zoning District: C - 2 Assessors Pareet Number(s) for subject property: 765-15846-000 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: December 2014 Page 1 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)" IIV�ltit; ' t e Ak M s Date. Z A zd�� PROPERTY OWNER(S) /AUTHORIZED AGENT: Uwe 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. f si rued b + the authorized a ent, a letter fronr each ro ert , owner tnrrst be Erna idert r'�ac/icatin tlrrrt the anent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name (printed): Date: Nance ( rinted)• signature: Date: - - Address: Phone: 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. (6) 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 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 • a, L`� L PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: 6 UPDATED MARCH 16, 2016 SUBJECT: VAC 16-5324: Vacation (NE CORNER OF DRAKE & MCCONNELL/NELMS CLIMBING GYM, 248): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at the NE CORNER OF DRAKE AND MCCONNELL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.97 acres. The request is to vacate portions of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5324 with conditions of approval. BACKGROUND: The subject property is an undeveloped parcel located at the northeast corner of Drake Street and McConnell Avenue and contains approximately 3.55 acres in the C-2 zoning district. Surrounding land use and zoning is depicted on Table 1. On February 22, 2016 the Planning Commission approved LSD 16-5313 for the Nelms Climbing gym on the site for a new 19,500 sq. ft. building and parking lot. Table 1 Surrounding Land Use and Zoning_ Direction from Site Land Use Zoning North Interstate 49 N/A South UARK/Agricultural R-A, Residential -Agricultural East _ Commercial Retail C-2, Thoroughfare Commercial C� West Equipment Rental C-2, Thoroughfare Commercial Proposal: The applicant proposes vacation of a portion of utility easement to allow for development of the previously approved Nelms Climbing Gym (LSD 16-5313). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: ission Mailing Address: March 14, 2016 113 W. Mountain Street www.fayetteviile-bra Item 2 Fayetteville, AR 72701 16-5324 Climbing Gym Page 1 of 14 Utility Response Cox Communications No objections AEP/SWEPCO No objections Source Gas No objections AT&T No objections Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections with conditions Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5324 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. The existing waterline to be cut and capped and hydrant removed per the approved plans at the owner/developer's expense. Planning Commission Action: © Approved Meeting Date: March 14, 2016 Motion: COOK Second: SELBY )C7 Forwarded O Denied Vote: 6-0-2, ON CONSENT. AUTRY AND HOFFMAN BUDGET/STAFF IMPACT: None. ,attachments: ■ Request Letter • Petition to Vacate ■ Utility Approvals ■ Easement Vacation Exhibit • One Mile Map • Close Up Map Planning Commission March 14, 2016 G:\ETC\Development Services Review\2016\Development Review\16-5324 VAC NE Corner of Drake & McConnell Agenda Item 2 (Nelms Climbing Gym) 248\03 Planning Commission\03-14-2016\Comments and Redlines 16-5324 Climbing Gym Page 2 of 14 124 W Sunt)ridge D, ive, Suite 5 JORGENSEN Fayerc lie. AR 127c1� I'N Office 47�3.n 42.9127 �. : J /�C �_A J J Q CIATES Fax: 479 5€i2AB07 = - January 14, 2016 City of Fayetteville 113 W Mountain Fayetteville, AR. 72i01 Att: Planning Re: U.E. Vacation (N McConnel Ave.) Attached please find information pertaining to a vacation of a utility easement East of the North end of McConnell Ave. A proposed building is planned and we would like to vacate this easement after the waterline is abandoned. Please place this on the Planning commission agenda. Thank you. Sincerely: David L. Jorgensen, P-E- Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 3 of 14 PETITION PETITION TO VACATE A UTILITY EASEMENT EAST OF NORTH McCONNEL AVENUE, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the Utility Easement hereinafter sought to be abandoned and vacated, lying in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said Utility Easement which is described as follows: (SEE ATTACHMENT — EXHIBIT `A') That the abutting real estate affected by said abandonment would not be adversely affected by this abandonment. The petitioners request 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 law. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully request 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 public for the use of said Utility Easement. Dated this 3 day of - 20A'_. JV, /'4 Printed Name Signature Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 4 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01 /15/2016 UTILITY COMPANY: AT&T APPLICANT NAME: _ APPLICANT PHONE: REQUESTED VACATION (applicanttnust check —all that apply): Utility Easement l Rigbt-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street tight-nf-way I have been notified of the petitionto vacate the following (alley, easement, right-of-way), described as follows: Gcnzral location/ Address . .2t2___d_)� .._...�� --- 10 (ATTACH legal description and graphic representallon of what is being vacated SURIVEl? UTILITY COMPANY COMMENTs: No objections to the vacation(s) described above, and no comments. J No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) k No objections provided the following conditions are met: If atlV AT&T farplities aEa required to ha rnlnrated nr qrp finmagerl Will he the -- 1 siitEtttirrof Utility Company Representative MGR OSP Ping & Engrg Design Title Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 5 of 14 UTILITY APPROVAL FORMI FOR RIGHT- OF- WAY, ALLEY, AND UTILITV EASEMENT VACATIONS DATE: 1 /15/20I6 UTILITY COMPANY-. Cox Communications APPLICANT NAME- APPLICANT PI9QNE: �t-�t'2.� Q :Zi% REQUESTED VACATION (applicant nowt cheek rill. that apply): 1)AVi _ UtilityEnsement Right-of-way for alley or streets and ail utility easements located within the vacated right- of- way. O Alley 0 Street right -of --way I have been notified of the petitionto vacate the following (alley, easement, right-of-iwy), described as follows: General location / Address L lE4;;' .Or V (ATTACH legal description a lid graphic representation of what k being va cated-SUR YE Y) UTILITY COMPANY COlvlhENTS: 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.) ?1 No objections provided the following conditions are met: We have lines close to the proposed vacated section that are not shown on the survey. Any dntr)ni;e to or rekx:ation of our exisfing lines will be al the atiut Si MUTQ Of Utility Compmny Represeatetive Planning �r__Csi a inn Ivlanr -- Title Decamber 2014 pngeS Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 6 of 14 UT EMY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND 1JT1L> f`Y EASEMENT VACATIONS DATE; 01/15/2016 UTILITY COMPANY, SourceGas APpi1CAl+lrNAME: aL.,_. APpucANTPHoNE: RXQUESTEDVACATICN(appgcantowrcheekAgrfeanapgh)- opo— -6e4awe0i Utility Easement El *fd&-of-wny for alley or streets and all utility easements located wifbiu the vacaW right- of way. Ailey 0 5tmetri&-of-way I have been notified of the petition to vacate the following (ally, easements right -Of -way), described as follows: General location I Address z� A T l✓ it lO RT7 i t- r 4 .. _ -..-- V (ATTACH legal dear ticn an d graphic represeetallon of wha, is being vacate" 17RVEI) UTILITY COMPANY COMA ENTS: No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described ebovo, provided following described easements are retained. (State the location, dimensions, and propose below.) D No objections provided the following conditions are met: Si 1111RC-- Of Utility CGrnpany Rerprescntativo jccJ 4 (jr'S J'-- D;t"l S� Cis.,±-- ,�'�y {i' �i✓3 RRIF Aemmcer2014 Fage 5 Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 7 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WA'Y, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1-15-2016 UTHATY COMPANY: Ozarks Electric APPi,ICANT NAIME: APPLICA �"i PHONE: REQUESTED VACATION (applicant must check all that apply): (� Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified .of the petition to vacate the following (allei-, easement, fight-of-jray), described as follows: General location / Address Zdl mcCq-nlz,P A 0 mTTfiCHlegal description andgrapltic represelet(Itlon oft hal is being vacated-SURYE'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 easements :ue retained. (State the location, dimensions, and purpose below.) tiv )bjWc 'ous providF,:d the foiicwing conditions a- a met ,rt%Ir. -- ----- y�,rlatt+it n�64F,201tnpr�tsyRepresc+ntalive Lead-5lakinci€ch Title Dweniber 1014 Page i Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 8 of 14 UT.ILI.TY APPROVAL FARM FOR Rl(;H'T- OF- WAY, ALLEY, AND UTILITY EASENIEN'T VACATIONS DATC: , , UTILITY COMPANY: A PPLICANT NIAME. . _�p�ani 1 V icLMS - _ APPLICANT PHONi:: =_Q REQUESTFI) VACATIOAI (applicant must check all Mal app y): Rom' Utility Easement 1 Right-of-way for alley or streets and all utility easements located witbin the vacated might- of v.-ay. Alley Street right-of-viay i have been notified of the petition to vacate the following (alky, easement, right-of-way), described as follows: Geaerallocation IAaldr4ms t (,yl ii _4-r Oev� V (ATTACH legal desc]' gpd0n.1)')d grrrplirc represvideaian of what is being vacated-SURVE,T.) UTILITY COMPANTY CONINIE-1-ITS: No objections to the vacation(&) described above, and no comments, to objections to tile vacation(s) described above, provided following described easements are retained_ (State the location, dimensions, and Pzaapose below.) "ua objections Provided the following conditions are met: Sigaaaturc of Wility Company P prvsenta'itae Title December'trt:l page S Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 9 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: �� �� L) UTILITY COMPANY: _� • `, [?C ki i s% • (t?�l{� / d �(� !C'f i 4s a'1.� n APPLICANT NAME: T)p,." ir,_M APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): i)Ave UtililyEasement Right-of-way for alley or streets and all utility easements located within the vacated right- or- way. i Alley ri Street right-of-way 1 have been notified of the petition to vacate the following (alley, easemeni, right-of-way), described as follows: GcnernI Ideation l Address 7 41 L 1V (ATTACHlegal description and graphic representadon of wkai is tieing vncaied-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 casements arc retained. (State the location, dimensions, and purpose below.) _} No objections provided the following conditions are mct: :5ig,nnt i�cofUt�l�ryCoinpanygepresentatiue t'h/14 rf ';` 'lD:.�,s% =fitrn / tlr•i k Title December20J4 Paige S Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 10 of 14 UTIIdTY APPROVAL FORM FOR RIGHT- OF WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATB- UTILITY COMPANY: d l �Y ot,`ydm, G �� 0, sf�/.s� •' APPLICANTNAME: � }t7+ S 'V �L APPLICANT PHONE: +Y- 4--2 a lZ'9 I F QUESTED VACATION (appJleanl must cheek all that apply): 1)'W e � �� j1y Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley O Streetrigbt+of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Generallocation/Address—ZAf _Ul~ eAtT l-�% d V (ATTACH legal description grr¢graphlc represenlatMn of w/ral is being vacated-SURYE39 UTILITY COMPANY C©MIvIENTS; 0 No objections to the vacation(s) described above, and no continents. 0 No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) obzj"Ihn,s pra«acd the followins conditions arc met. r No -- --. ,1r`c� 4C,t/T Signature 'Title Dodo b'dr2014 Page 3 Planning Commission March 14, 2016 Agenda Item 2 16-5324 Climbing Gym Page 11 of 14 N _C S P. 49 0?? RPM? ° zo 0 Mro R/w f,,,zr}-� � AM JOB 61*044 f_ J� tp•}" T' 37'W.E fit LINC 9EaSEN'fNr PDON 1 UNE BEARING DISTANCE Ll N7r2O'42'W 38.71' L2 N69'11'16"W 37.21' L3 NSrOO'45"W 4053' L4 N36'22'+74"W 38.27' LS N25-41Y18"W 39.42' L8 N67'42t75"E 27.5W L7 S25'41'0&'E 30.85, Le 5581S8'24"w ry,'AI$EWER 11MC EAS"ENY 200K OW1, P44E 9" fro ej� VA CA Y Lv\ �F\ f�f �"'1 �� a"S'wATERl3f;YfAlfRE fdiEllENI ORbd�TfiEET' d�� n a LEGAL DESCRIPTION: EASEMENT TO BE VACATED ci COMMENCING AT THE SE CORNER OF THE SE I/4, NE I/4 OF SECTION 33, T-17-N, R-30-W THENCE WEST 818.38 FEEL THENCE NORTH 30.00 FEET, THENCE S88 17'56'W 151.57 FEET, THENCE N78°F0'42'W JS.71 FEET. THENCE N6901I46'W 37.21 FEET, THENCE N52°00'45'W 40.53 FEET THENCE N56022'04'W 38.07 FEET TO THE POINT OF BEGINNING, THENCE N25°4V08'W 39.42 FEET, THENCE N02020'01'E 225.75 FEET, THENCE N67°42'05 E 27.50 FEET. THENCE S02020'01'I 230.97 FEET. THENCE S25°41'08'E 30.85 FEET, THENCE S5805874'W 25.11 FEET TO THE POINT OF BEGINNING, CONTAINING 6.587 SOUAlRE FEET. LEGEND x CALCULAIED POV4 • FOUND IRON PIN m SEWER MANHOLE .a kREFWDRANT r FOUND IRON AhN POM FOIE WA] Ef! i','IEIER GAS hwrER �. TELEPHONE PEDESTAL *rr CABLE PEDESTAL UTILITY EASEMENI M:U _ %i,kt l Llh'E 8V4,iLINE CAS -1Nr _ T1t'ERHEAD ELECTF40 ASPHALT MEME1ITVACATION ' A `rJSEN 7. � :`v _Irt r:a;`EIi✓_, Alt" JORGE1 £T� ie I 1 F l: Off Cr. 479.442,'�127 124 (NEST SUNBRID6E, SUITE 5 FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 FAX (479) 582-4807 SCALE: 1"=100' DATE REVISED CHECKED BY: DRAWN BY: PMM DATE: 12-8-15 DLJ ZALSD\2014020\1LIE-ABANDON EASEMENT VACATION EEC H I E3 1 TT "A" Planning Commission March 14. 2016 Agenda Item 2 16-5324 Climbing Gym Page 12 of 14 VAC 16-5324 NELMS CLIMBING GYM One Mile View D AVAL NO2 t :YC4 S 0 E m 1i4 U R aEYLN � ' D 4 E E33PR15E SALEIYIF+DDE SA4E DR 1 . PRIVATE: A L L O W � 9 c IR ?� ttYLl} 1 5vr11 r 0 RSF-a T l R1iF-1_ m C-2 I" G Psum ' L.N r� TRUCKERS D DODO D SUBJECT PROPERTY .. 11 IXF_ DR 0 N{t� CPZt7 -- - -- - Y it-0 w FL � I QUX z PH{ its .1 I <, O rrµ `fi P -- - - LU42! SST i7RP%f%=ST¢ ` z RAKE co MEADEST Q W a- p� ci 2F;p ST D' w m n 3 {PRINCE 00 U W w d� St 4 OAK DfiLIVE' e( ST . w 1 ANC3t] LORI MOORE Z P SATE ? CASSA7T ST � ChSSATT s DR LIV MgORE u, � STRANGE DR o STRANGE DR 14 ;r v REYNOLDS ST ftEYqJ i D5 QUAIL}z " KNAPPOR yJISE ggT DQVEC2-rZ6Sd w WIS�c�L v .. Z. DR Z7y�1ffi 1oH DR �a�~ su 7 o T`t a 2t a ry n �uTTOR � F 4 O:. +, GARRE DRr� AUTER J LN ¢ Q? K A 1- ^N. ARRETT 1X Overview .;`'10-0 �•L l - r PRIV.A� Legend Subject Properly Boundary 0 0.25 0.5 q F PRIVAT EL 1 2117 ELM PRt Q $T Lld ® VAC 6-5324 Desi n Overlay District Plan iing Area r r FaYE Reville 1 Miles Planning Co mission INar�h 4, 2016 Agenda Item 2 16-5324 Climbing Gym Page 13 of 14 16-5324 Climbing Gym Page 14 of 14 RECEIVE Ordinance: 5863 APR 2 7 20i6 NoRTHwESTARKANsAs File Number:2016-0144 VAC 1 (NE CORNER OF DRAKE & MCCONNONNELL/NELMS CLIMBING CITY OF FAYETTEVILLE CITY CLERK'S OFFICE GYM): AN ORDINANCE TO APPROVE VAC 16-JIf`"`.Ild`,®�.. ', ��"') Democ � 5324 SUBMITTED BY JORGENSEN .,Cvj '� v AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE F .. ,;, � :n0.,'' P 7F l It F..rak_ 72 02 + . �9? 2-1 C)t) • PAX:47P-69S-118 - ir1W1 A_NWA'.)�, k_�� 1 NORTHEAST CORNER OF DRAKE AND MCCONNELL TO VACATE PORTIONS OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof AFFIDAVIT OF PUBLICATION which are not required For corporate purposes; and WHEREAS, the City Council has I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the determined that the following described portions of a utility easement are not Northwest Arkansas Democrat -Gazette, and in required for corporate purposes. printed published P 1� NOW, THEREFORE, BE IT ORDAINED Washington County and Benton County, Arkansas, and of bona fide BY THE CITY COUNCIL OF THE CITY circulation, that from my own personal knowledge and reference OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City to the files of said the advertisement of Fayetteville, Arkansas hereby vacates publication, of: portions of utility easement as described in Exhibit B attached to the Planning Department's memo. CITY OF FAYETTEVILLE Section 2. A copy of this Ordinance duly Ord 5863 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 Was inserted in the Regular Edition on: clerk. April 14, 2016 Section 3. This vacation approval is subject to the following conditions: 1. Any costs associated with relocation of or damage to utilities and new Publication Charges $102.70 easement dedication shall be at the owner/developer's expense. 2. The existing water line shall be cut and capped and hydrant removed per the approved plans at the owner/developer's Cath Wile y expense. PASSED and APPROVED on 4/5/2016 Approved: Lioneld Jordan, Mayor Attest: Subscribed and sworn to before me Sondra E. Smith, City Clerk Treasurer This 25day ofAP61, 2016. 73655788 April 14, 2016 Aylu,A L=�s Notary Publi My Commission Expires.` IZlzs- 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.