HomeMy WebLinkAboutORDINANCE 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�
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FAYE- EVILLE;��
Page 2 Printed on 416116
16-5323
EXHIBIT 'A'
VAC 16-5323
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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�
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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
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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
