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Home My WebLink AboutORDINANCE 5864Doc ID: 017025720004 Type: REL �_ ^• Kind: ORDINANCE Recorded: 08/23/2016 at 09:57:17 AM Fee Amt: $30.00 Paqe 1 of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File2016-00024304 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5864 File Number: 2016-0145 VAC 16-5323 (4030 N. COLLEGE AVE./WHATABURGER): AN ORDINANCE TO APPROVE VAC 16-5323 SUBMITTED BY CRAFTON TULL, INC. FOR PROPERTY LOCATED AT 4030 NORTH COLLEGE AVENUE TO VACATE A PORTION 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 portion of a 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 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 condition: 1. Any costs associated with relocation of or damage to utilities and the required new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED on 4/5/2016 Page 1 Printed on 416116 File Number: 2016-0145 Ordinance: 5864 Attest: Sondra E. Smith, City Clerk Treasurer e� Y T •N 4, =' G of '�✓�*•� .fir FAYE- EVILLE;�� Page 2 Printed on 416116 16-5323 EXHIBIT 'A' VAC 16-5323 Close Up View rnIVA`E'() PRIVATE 049 GEORGETOwNE SQUARE DR Uj a w 0 w J J O U WHATABURGER SHEPHERDLN 41 SUBJECT PROPERTY JOYCE RCV17F � � t Legend Shared -Use Paved Trail ......... Neighborhood/ParcTFO Lic3887 k c)verure►aNatural Surface Trail VAC16-5323 - - - Fayetteville City Li its M Footprints 2010 Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area iiiiiWOMMOMMOMMOT Feet C 'I op �h c•i SHEPHERDLN RPZD STEARNS ST 13 EXHIBIT B 16-5323 LEGAL DESCRIPTION FOR A 10' EASEMENT TO BE VACATED APART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23 IN TOWNSHIP 17 NORTH OF RANGE 30 WEST, DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO. 71, SAID POINT OF BEGINNING BEING 1263.3 FEET WEST AND NORTH 0 DEGREES 24 MINUTES WEST 37.5 FEET FROM A STONE MARKING THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT, THENCE NORTH 0 DEGREES 24 MINUTES WEST ALONG SAID RIGHT-OF-WAY 160.0 FEET; THENCE EAST 167.0 FEET; THENCE SOUTH 0 DEGREES 24 MINUTES EAST 160.0 FEET; THENCE WEST 167.0 FEETTO THE POINT OF BEGINNING. PREPARED BY: CRAFTON & TULL PROJECT # 15103100 DATE: 03/15/2016 Washington County, AR I certify this instrument was filed on 08/23/2016 09:57:17 AM and recorded in Real Estate File Number 2016400 24304 Kyle Sylvester- Circ i rk` City of Fayetteville, Arkansas 113WestMoun727 Fayetteville, ARR 72701 (479) 575-8323 Text File File Number: 2016-0145 Agenda Date: 4/5/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 VAC 16-5323 (4030 N. COLLEGE AVE./WHATABURGER): AN ORDINANCE TO APPROVE VAC 16-5323 SUBMITTED BY CRAFTON TULL, INC. FOR PROPERTY LOCATED AT 4030 NORTH COLLEGE AVENUE TO VACATE A PORTION 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 portion of a 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 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 condition: 1. Any costs associated with relocation of or damage to utilities and the required new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 41612016 City of Fayetteville Staff Review Form 2016-0145 Legistar File ID 4/5/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item City Planning / Jeremy Pate 3/18/2016 Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 16-5323: Vacation (4030 N. COLLEGE AVE./WHATABURGER, 135): Submitted by CRAFTON TULL, INC. for properties located at 4030 N. COLLEGE AVE. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain approximately 1.99 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$ - J Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF T w Ile aya ARKANSAS MEETING OF APRIL 5, 2016 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner DATE: March 18, 2016 SUBJECT: VAC 16-5323: Vacation (4030 N. COLLEGE AVE./WHATABURGER, 135): Submitted by CRAFTON TULL, INC. for properties located at 4030 N. COLLEGE AVE. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain approximately 1.99 acres. The request is to vacate a portion of utility easement RECOMMENDATION: Planning staff and the Planning Commission recommend approval of VAC 16-5323 with the following conditions: Condition of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. BACKGROUND: The subject property is located on the northeast corner of Joyce Boulevard and College Avenue. The property is a through lot and has frontage on both College Avenue and Frontage Road. The property contains approximately 2 acres and is currently being developed with a Whataburger restaurant. An existing 10 foot wide utility easement has been discovered on the site, a portion of which is covered by the newly built restaurant. In this case, the easement is an agreement between Ozarks Electric and the property owner and did not appear on legal plats of the property. The Development Code (UDC 166.12) does not allow structures over easements. The applicant proposes vacation of a portion of utility easement as depicted in Exhibit 'A' and described in Exhibit 'B' to bring the development into compliance with code. DISCUSSION: On March 16, 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; Commissioners Autry and Hoffman recused from the vote. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: CC Ordinance, Exhibit A, Exhibit B, Application, Planning Commission Staff Report 16-5323 EXHIBIT 'A' EXHIBIT B 16-5323 LEGAL DESCRIPTION FOR A 10' EASEMENT TO BE VACATED A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23 IN TOWNSHIP 17 NORTH OF RANGE 30 WEST, DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT POINT ON THE EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO.71, SAID POINT OF BEGINNING BEING 1263.3 FEET WEST AND NORTH 0 DEGREES 24 MINUTES WEST37.5 FEET FROM A STONE MARKING THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT, THENCE NORTH 0 DEGREES 24 MINUTES WEST ALONG SAID RIGHT-OF-WAY 160.0 FEET; THENCE EAST 167.0 FEET; THENCE SOUTH 0 DEGREES 24 MINUTES EAST 160.0 FEET; THENCE WEST 167.0 FEET TO THE POINT OF BEGINNING. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY FEE: $200.00 Date Application Submitted: Sign Fee: $5.00 Date Accepted 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: Robert C. Nolan Managing Member Address: 200 North Jefferson, Suite 308 El Dorado, AR 71730 Phone:( 870) 863-7118 Email: Fax: ( ) Applicant X Representative Site Address / Location: 4030 N. College Avenue Representative (engineer, surveyor, realtor, etc.): Name: Daniel Ellis, P.E. Crafton Tull Address: 901 N. 47th Street, Suite 200 Rogers, AR 72756 Phone: ( 479) 878-2463 Email: daniel.ellis@craftontull.com Fax: ( ) Legal description of area to be vacated (attach separate sheet if necessary): Current Zoning District: C-2 Assessors Parcel Number(s) for subject property: 765-15587-000, 765-02563-000, 765-02562-000 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): Date: Signal re y�r f�& Javu�y .2 R, 2016 PROPERTY OWNER(S) /AUTHORIZED AGENT: I/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. (1(s�tter! bt the antlaorized aeerrl, r� lefler front eocft nrotrertt, olioner mtr.st be nrur ruler! irfrfic rrtrrr l Mal the agent is authorized to act out Iris/Irer behalf.) Owners (attach additional info if necessary): Name(printed); MAnagIng Member Address: 9nn Nnrtlh .1Pffar.cnn1 SiiirP '40A Signature: F.t Dorado, AR 71730 Date: 1/6/16 Phone:( 674 ) 80-7118 G M ai Vacation Checklist: ,ttoch the following itents 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 ofthe county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washington,anus). 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 (9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached). (10) For applications to vacate an access easement, alley or right-of-way only: Written consent is required from all adjacent property owners and is required to be submitted with the application (example form is attached). (11) Comments from all utility companies concerning the street right-of-way, alley, or easement to be vacated and its relationship to existing or planned utilities with recommendations as to what action should be taken (an example comment form is attached) is required at application submittal. (12) The applicant is responsible for meeting the public notification requirements for a Vacation listed on the Notification Requirements pages in this application. Utility Representatives for a Vacation Request * Name Company Telephone Email Jeff Hamilton AT&T 442-1967 jh5430@att.com att.com Chad Hodge Cox Communications 365-2402 Chad.Hodge tot cox.com Josh Barger AEP/SWEPCO 973-2411 jpbargera aep.com Scott Stokes Source Gas 435-0229 Scott. Stokes@)sourcegas.com Greg McGee Ozarks Electric 684-4634 gmcgee a ozarksecc.com Or Mike Phipps 684-4696 mphipps.a ozarksecc.com City Divisions: Mark Rogers Water and Sewer 575-8392 mrogers a fayetteville-ar.gov Maury Nelson Solid Waste 575-8397 mnelson a fayetteville-ar.gov Terry Gulley Transportation 444-3491 tgulley na fayetteville-ar.gov *Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage Easement Vacation is being requested. December 2014 Page 3 CITY OF Ta%y� II e ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Quin Thompson, Planner UPDATED MARCH 16, 2016 SUBJECT: VAC 16-5323: Vacation (4030 N. COLLEGE AVE.MHATABURGER, 135): Submitted by CRAFTON TULL, INC. for properties located at 4030 N. COLLEGE AVE. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain approximately 1.99 acres. The request is to vacate portions of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5323 with conditions of approval. BACKGROUND: The subject property is located on the northeastt corner of Joyce Boulevard and College Avenue. The property is a through lot and has frontage on both College Avenue and Frontage Road. The property contains approximately 2 acres and is currently being developed with a Whataburger restaurant. An existing 10 foot wide utility easement has been found on the site, a portion of which is covered by the newly built restaurant. The Development Code (UDC 166.12) does not allow structures over easements. The surrounding zoning and land uses are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial/Retail C-2 South _ Undevel�qpgLIHighway ROW _ NA East Undeveloped C-2 _ West Undeveloped/Highway ROW NA Proposal: The applicant proposes vacation of a portion of utility easement as depicted in an exhibit provided by the applicant (comprising approximately 3,049 square feet) to allow construction of a new single-family residence on the property. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevilL4af V. b42016 Fayetteville, AR 72701 Agenda Item 4 16-5323 Whataburger Page 1 of 18 Utility Response Cox Communications No objections with conditions AEP/SWEPCO No objections Source Gas No objections AT&T No objections Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections Trash & Recycling No objections Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5323 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 V Forwarded 13 Denied Meeting Date: March 14, 2016 Motion: COOK I Second: SELBY Vote: 6-0-2,_ON CONSENT. AUTRY AND HOFFMAN_RECUSED BUDGET/STAFF IMPACT: None. Attachments: ■ Request Letter ■ Petition to Vacate ■ Utility Approvals ■ Easement Vacation Exhibit Planning Commission WETC\Development Services Review\2016\Development Review\16-5323 VAC 4030 N. College March 14, 2016 Ave. (Whataburger North) 135\03 Planning Commission\03-14-2016\Comments and Redlines Agenda Item 4 16-5323 Whataburger Page 2 of 18 • Plat Detail • One Mile Map ■ Close Up Map Planning Commission G:\ETC\Development Services Review\2016\13evelopment Review\16-5323 VAC 4030 N. College March 14, 2016 Ave. (Whataburger North) 135\03 Planning Commission\03-14-2016\Comments and Redlines Agenda Item 4 16-5323 Whataburger Page 3 of 18 aCrafton Tu I I architecture I engineering I surveying January 5, 2016 Planning Division City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Re: LSD 15-5098 Whataburger Joyce & College Easement Vacation Request Fayetteville, AR CTA Job No. 15103100 901 N 47th Street, Suite 200 Rogers, AR 72756 479.636.4838 (ph) 479,631,6224 (fax) This is the letter for the formal Easement Vacation Request for the proposed Whataburger restaurant. The project is located on the northeast corner of E. Joyce Boulevard and N. College Avenue (4030 N. College Avenue). A vacation of an existing 10' Ozarks Electric easement is requested for this project because of the new development. Should you have any questions or require any additional information, please feel free to contact us at your convenience. Sincerely, Crafton Tull Ronald Watkins, Jr., E.I. Project Engineer 2016 tem 4 4 16-5323 Whataburger Page 4 of 18 PETITION FOR EASEMENT VACATION PETITION TO VACATE AN EASEMENT LOCATED IN LOTS 1 AND 2 OF BASSETT PLACE, 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 easement hereinafter sought to be abandoned and vacated lying in Lots 1 and 2 of Bassett Place, Ctty of Fayetteville, Arkansas, a, municipal corporation, petition to vacate an easement which is described as follows: LEGAL DESCRIPTION FOR A 10' EASEMENTTO BE VACATED APART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23 IN TOWNSHIP 17 NORTH OF RANGE 30 WEST, DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO. 71, SAID POINT OF BEGINNING BEING 1263.3 FEET WEST AND NORTH 0 DEGREES 24 MINUTES WEST 37.5 FEET FROM A STONE MARKING THE SOUTHEAST CORNER OF SAID 40 ACRES TRACT, THENCE NORTH 0 DEGREES 24 MINUTES WEST ALONG SAID RIGHT-OF-WAY 160.0 FEET; THENCE WEST 167.0 FEETTO THE POINT OF BEGINNING. That the abutting real estate affected by said abandonment of the easement are Lots 1 and 2 of Bassett Place, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray thatthe 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 Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 5 of 18 property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 8th day of February , 2016. Robert C. Noun Managing Member Printed Name Signature Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 6 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 02-03-2016 UTILITYCOMPANY: AEP/SWEPOO APPLICANT NAME: Robert C. Nolan APPLICANT PHONE: (870) 863-7118 REQUESTED VACATION (applicant must cleeck all that apply): x Utility Easement D Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. D 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 locationlAddress 4030 N. College Avenue x1 (ATTACH legal description ar:d graphic representation of what is being vacated-SURVF.X} UTILITY COMPANY COMMENTS: X. No objections to the vacation(s) described above, and no comments. C 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: Signatures"¢ tility Cornpsuty 51 resentalive Title December 2014 Page 5 Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 7 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01-07-2016 UTILITY COMPANY: AT&T APPLICANTNAME: Robert C. Nolan APPLICANT PHONE: (870) 863-71 18 REQUESTED VACATION (applicant must check all that apply): Di 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 4030 N. College Avenue x (ATTACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: EX 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: rrSn:'ifu -of Utility Company Representative MGR OSP Planning & Engrg Design Title necember 2014 page 5 Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 8 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01-07-2016 UTILITY COMPANY: Cox Communications APPLICANT NAME: Robert C. Nolan APPLICANT PRONE: (870) 863-7118 REQUESTED VACATION (applicant m use check all that apply): X Utility Easement l Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. E 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 4030 N. College Avenue M (ATTACH legal description and graphic representation of what is being vacated-SURYEI) UTILITY COMPANY COMMENTS: -1 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: A ny doma a to or relocation of our existing facilities will lie at the ownershlevclo ers ex erase. nature of Utility Company Representative Construction and Planning Manager Title December 2014 Page 5 Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 9 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01-07-2016 UTILITY COMPANY: Qzarks Electric APPLICANT NAME; Robert C. Nolan APPLICANT PHONE: (870) 863-7118 REQUESTED VACATION (applicant must check alllhat apply): X UtilityEasement i 1 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. C t Alley 0 Street right -of --way I have been notified of the petition to vacate the fallowing (alley, easement right-of-way), described as follows: General location/Address 4030 N. CollI a Avenue r,. (A7TACHlegal description and graphic representation of what11 being vacated-SURVI;Iq UTILITY COMPANY COMMENTS: XNo objections to the vacation(s) described above, and no comments, G No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) 4 : No objections provided the following conditions are met: siguotwe of Utility Compan resentativc 1�I A✓q 1 �•�. Title Demnber 2014 Page 5 Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 10 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01-07-2016 UTILITY COMPANY: Solid Waste APPLICANT NAME: Robert C. Nolan APPLICANT PHONE: (870) 863-7118 REQUESTED VACATION (applicant must check Athat apply): 19 Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Streetright-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address 4030 N. College Avenue x (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.) i No objections provided the following conditions are met: Sign t'c of Utility Company Representative ,,pp ow-Vv %er c:wt Set frjl'1eS e� 1-TvaS Titla December 2014 Page 5 Planning Commis con Marct, 14, 16 Age.da I19m 4 16.5323 Wnataburcger Page 11 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01-07-2016 UTILITY COMPANY: Transportation APPLICANT NAME: Robert C. Nolan APPLICANT PHONE: (870) 863-7118 REQUESTED VACATION (applicant naust check all that apply): IS UtilityEasement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. s, 1 Alley t_1 Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address 4030 N. College Avenue r"I (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. I I No objections to the vacation(S) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) I No objections provided the following conditions are met: Si} sf•1� rna ❑f slity CS}anpo+sy�[`tepres€:astalivc { y��'jr� f [�37!_r"C'A'4. � 1 i� � t�3rst7t Tit t•CA rt __ Y f 1 y11��s�E11 for December 2014 Page S Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 12 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01-07-2016 UTILITY COMPANY: Water and Sewer APPLICANT NAME: Robert C. Nolan APPLICANT PHONE: (870) 863-7118 REQUESTED VACATION (applicant must check all that apply): Ix 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 4030 N. College Avenue W (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. I i No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) I ] No objections provided the following conditions are met: Signature i'Mulility ('(rrn b, Representative cJ 01 S Title December 2014 Page S Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 13 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01-07-2016 UTILITY COMPANY: Source Gas ,WPLICANT NAivir: Robert C. Nolan APPLICANT PHONE: (870) 863-7118 REQUESTED VACATION (applicant must check all that apply): Q4 UtiliiyEasemenl r Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. i' Alley lJ 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 1 Address 4030 N. College Avenue x (ATTACH legal description and graphic representation of „ghat is being vacated- U)ZVEY) 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: ell, Of Sign �t of Utility Company itepr mnitative Depo'"ber 10N Page J Planning Commission March 14, 2016 Agenda Item 4 16-5323 Whataburger Page 14 of 18 Lj- y- £OL8 W ,4111r131.1.3AW 3AV 39311pLj - 3 d�! 1-� WnId 0N10ling own] u u 3]j S I � i !! � pp II w � 40 a x bd' s 6 3 � 4 •�+ 84 W 3� 3�Y Y i . 9 M � . P "' .'� :. ��''s ?3 '^ eff asa � � � a ea s as 4 ? i$ •.la � 4 n� U _ .. 4 .. .,.. .. r - _- - ` - " o v s g=3Rgs �,a_�c Y R L ! J r ." I ; Nt WWII, * x tY � s � y +aa��paa�R 114 ITY lHnM Of a°xG x�4itb "s__gffi k $ Ra - pz v I : 9•r 7 .� � I f fO �.` Li _ Q Itannln - rch 14, 2016 Agenda Item 4 16-5323 Whataburger Page 15 of 18 69OOd-lfOlM 83d 3-rl ,SZ 5Nllsw N' D A.,8 � N I � r'1 S NJ r G' N ey R� J f+l U In 3 1 � O { J M 0 Z W ? V I J �I 031VOVA 38 01 i 96ZOd-ONN8 83d Tn .01 ONI151X3 r NOI1VWd3S i N- v �)J l�+ z �w r g ^ o Planning Commission March 14, 2016 da Item 4 16-5323 Whataburger Page 16 of 18 r 16-5323 Whataburger Page 18 of 18 RECEIVED NORTHWESTARKANSAS APR 2 7 2016 Democrat azette CITY CLERK' OFFICE L .. a�.._I._ ,... r; -.�� !;.. rt ; �'t' 1F..;K. iJ i !r C;y�.-`. v..k,Gy_ n. _�-.w; � �Izl, �J�a�. vur)c�'0i'1! 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 5864 Was inserted in the Regular Edition on: April 14, 2016 Publication Charges $91.00 (" ta, Cathy Wiles Subscribed and sworn to before me This day offipl1j , 2016. Y\ Notary Public My Commission Expires:% 12,I 2.'5- 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. Ordinance: 5864 File Number: 2016-0145 VAC 16-5323 (4030 N. COLLEGE AVE./WHATABURGER): AN ORDINANCE TO APPROVE VAC 16- 5323 SUBMITTED BY CRAFTON TULL, INC. FOR PROPERTY LOCATED AT 4030 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A UTILITY 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 portion of a 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 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 condition: 1. Any costs associated with relocation of or damage to utilities and the required new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED on 4/5/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73655830 April 14, 2016