HomeMy WebLinkAboutORDINANCE 5865113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5865
File Number: 2016-0150
VAC 16-5322 (2011 W. FOXGLOVE DR./CRAIN VOLKSWAGON):
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Doc ID: 017025750004 Type: REL
Kind: 4RDIhiANCE
ReGorrded; 08/23/2016 at 09:58;17 Aft
Fee Amt: $30.00 Pape 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
Ft1e2016_0002430 /
AN ORDINANCE TO APPROVE VAC 16-5322 SUBMITTED BY CRAFTON TULL, INC. FOR
PROPERTY LOCATED AT 2011 WEST FOXGLOVE DRIVE TO VACATE PORTIONS OF ACCESS
AND UTILITY EASEMENTS
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portions of access and utility
easements are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates portions of access
and utility easements as described in Exhibit B attached to the Planning Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3. This vacation approval is subject to the following condition:
1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at
the owner/developer's expense.
PASSED and APPROVED on 4/5/2016
Page 1 Printed on 416116
'File Number: 2016-0150
Ordinance: 5865
Attest:
Sondra E. Smith, City Clerk
Treasurer `'11`wr+I i i* IIf f/ j/
0*00
TO
Page 2 Printed on 416116
16-5322
EXHIBIT 'A'
VAC16-5322 CRAIN VOLKSWAGON
Close Up View
i
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i
0
O
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10
Legend
Pam'
— Shared -Use Paved Trail
........ Neighborhood/Park Trai
over►,,e,,,Natural Surface Tr iil
VAC16-5322
- - - Fayetteville City Li nits
Footprints 2010
Design Overlay Di trict
------ Planning Area
0 75 150 300 450 600
Feet
RMF.24
EXHIBIT'B'
VAC 16-5322
LEGAL DESCRIPTION FOR PORTION OF A 20' EASEMENTTO BE VACATED
APART OF AN EXISTING 20' EASEMENT TO BE VACATED, BEING PART OF LOTS 15,16 AND 19 OF THE
FINAL PLAT OF MEADOW FIELD COMMERCIAL SUBDIVISION, IN FAYETTEVILLE, ARKANSAS AS SHOWN
ON FINAL PLAT 0023-00000234 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 16; THENCE SOUTH 02°26'52" WEST A
DISTANCE OF 43.29 FEET; THENCE NORTH 87°33'08" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH
2°32'26" EAST A DISTANCE OF 231.89 FEET; THENCE NORTH 00°33'51" EAST A DISTANCE OF 140.58
FEET; THENCE SOUTH 89°05'36" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°34'07" WEST A
DISTANCE OF 141.12 FEET; THENCE SOUTH 02°33'43" WEST A DISTANCE OF 188.60 FEET TO THE POINT
OF BEGINNING. CONTAINING 0.17 ACRES MORE OR LESS OR 7445.75 SQ. FT.
Access Easement #5 To be Vacated
(as shown on the Final plat of Meadow Field Commercial Subdivisions]
A part of Lot 15 and a part of Lot 16 of Meadow Field Commercial Subdivision
in Fayetteville, Washington County, Arkansas, more precisely described as follows:
Starting at the SW Comer of Lot 15 forthe POINT OF BEGINNING;
thence North 02 degrees 02 minutes 07 seconds East, 20.65 feet; thence along a non
tangent curve to the Left, with a radius of 30 feet, an arc length of 20.36 feet,
and a chord of South 68 degrees 06 minutes 37 seconds East, 19.97 feet;
thence South 87 degrees 33 minutes 08 seconds East, 81.22 feet;
thence South 02 degrees 02 minutes 07 seconds West, 28.00 feet; thence North 87
degrees, 33 minutes, 08 seconds West, 80.79 feet; thence along a curve to the left
having a radius of 30.00 feet, an Arc length of 20.79 feet, and a chord of South 72 degrees,
35 minutes, 36 seconds West, 20.38 feet;
thence North 02 degrees 02 minutes 07 seconds East, 20.92 feet
to the true POINT OF BEGINNING containing 0.066 acres more or less.
Washington county, AR
1 certify this instrument was filed on
08/23/2016 09:59:1
and recorded in R161 Est e
File Number 201 000243 r
Kyle Sylvester - it
try
113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5865
File Number: 2016-0150
VAC 16-5322 (2011 W. FOXGLOVE DR/CRAIN VOLKSWAGON):
AN ORDINANCE TO APPROVE VAC 16-5322 SUBMITTED BY CRAFTON TULL, INC. FOR
PROPERTY LOCATED AT 2011 WEST FOXGLOVE DRIVE TO VACATE PORTIONS OF ACCESS
AND UTILITY EASEMENTS
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portions of access and utility
easements are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates portions of access
and utility easements as described in Exhibit B attached to the Planning Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3. This vacation approval is subject to the following condition:
1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at
the owner/developer's expense.
PASSED and APPROVED on 4/5/2016
Page 1 Printed on 416116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
1 (479) 575-8323
Text File
--- File Number: 2016-0150
Agenda Date: 4/5/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 6
VAC 16-5322 (2011 W. FOXGLOVE DR./CRAIN VOLKSWAGON):
AN ORDINANCE TO APPROVE VAC 16-5322 SUBMITTED BY CRAFTON TULL, INC. FOR
PROPERTY LOCATED AT 2011 WEST FOXGLOVE DRIVE TO VACATE PORTIONS OF
ACCESS AND UTILITY EASEMENTS
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portions of access and utility
easements are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates portions of access
and utility easements as described in Exhibit B attached to the Planning Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3. This vacation approval is subject to the following condition:
1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be
at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 41612016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2016-0150
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 16-5322: Vacation (2011 W. FOXGLOVE DR./CRAIN VOLKSWAGON, 286): Submitted by CRAFTON TULL, INC. for
properties located at 2011 W FOXGLOVE DR. The properties are zoned C-PZD, COMMERCIAL PLANNED ZONING
DISTRICT and contain approximately 4.79 acres. The request is to vacate portions of access and utility easements.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Fund
Project Title
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
7ay� r
le
ARKANSAS
MEETING OF APRIL 5, 2016
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
FROM: Andrew Garner, City Planning Director
DATE: March 18, 2016
SUBJECT: VAC 16-5322: Vacation (2011 W. FOXGLOVE DR./CRAIN
VOLKSWAGON, 286): Submitted by CRAFTON TULL, INC. for properties
located at 2011 W FOXGLOVE DR. The properties are zoned C-PZD,
COMMERCIAL PLANNED ZONING DISTRICT and contain approximately
4.79 acres. The request is to vacate portions of access and utility
easements.
RECOMMENDATION:
Planning staff and the Planning Commission recommend approval of VAC 16-5322 with the
following condition:
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 consists of three undeveloped parcels on Foxglove Drive that are zoned C-
PZD, being part of the Springwoods Commercial Planned District. The property contains
approximately 4.76 acres of primarily cleared fields with a platted tree preservation area located
on the southern portion of the property.
The applicant proposes to vacate access and utility easements as depicted in Exhibit 'A' and
described in Exhibit 'B' to allow for development of the previously approved Crain Volkswagon
(LSD 15-5275).
DISCUSSION:
On January 25, 2016 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 6-0-2 (Commissioners Autry and Hoffman recused)
as a consent agenda item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A, Exhibit B, Application, Planning Commission Staff Report
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
16-5322
I*AV :11=1kiI_1
EXHIBIT'B'
VAC 16-5322
LEGAL DESCRIPTION FOR PORTION OF A 20' EASEMENT TO BE VACATED
APART OF AN EXISTING 20' EASEMENT TO BE VACATED, BEING PART OF LOTS 15,16 AND 19 OF THE
FINAL PLAT OF MEADOW FIELD COMMERCIAL SUBDIVISION, IN FAYETTEVILLE, ARKANSAS AS SHOWN
ON FINAL PLAT 0023-00000234 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 16; THENCE SOUTH 02°26'52" WEST A
DISTANCE OF 43.29 FEET; THENCE NORTH 87°33'08" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH
2°32'26" EAST A DISTANCE OF 231.89 FEET; THENCE NORTH 00°33'51" EAST A DISTANCE OF 140.58
FEET; THENCE SOUTH 89°05'36" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°34'07" WEST A
DISTANCE OF 141.12 FEET; THENCE SOUTH 02°33'43" WEST DISTANCE OF 188.60 FEET TO THE POINT
OF BEGINNING. CONTAINING 0.17 ACRES MORE OR LESS OR 7445.75 SQ. FT.
Access Easement #5 To be Vacated
(as shown on the Final plat of Meadow Field Commercial Subdivisions)
A part of Lot 15 and a part of Lot 16 of Meadow Field Commercial Subdivision
in Fayetteville, Washington County, Arkansas, more precisely described as follows:
Starting at the SW Comer of Lot 15 for the POINT OF BEGINNING;
thence North 02 degrees 02 minutes 07 seconds East, 20.65 feet; thence along a non
tangent curve to the Left, with a radius of 30 feet, an arc length of 20.36 feet,
and a chord of South 68 degrees 06 minutes 37 seconds East, 19.97 feet;
thence South 87 degrees 33 minutes 08 seconds East, 81.22 feet;
thence South 02 degrees 02 minutes 07 seconds West, 28.00 feet; thence North 87
degrees, 33 minutes, 08 seconds West, 80.79 feet; thence along a curve to the left
having a radius of 30.00 feet, an Arc length of 20.79 feet, and a chord of South 72 degrees,
35 minutes, 36 seconds West, 20.38 feet;
thence North 02 degrees 02 minutes 07 seconds East, 20.92 feet
to the true POINT OF BEGINNING containing 0.066 acres more or less.
CITY OF FAYETTEVILLE, ARKANSAS
Right -of -Way, Easement or Alley
VACATION
FOR STAFF USE ONLY 1 EE: 5200.00
Date Application Submitted: Sign Fee: S5.00
Date Accepted as Complete: S-T R:
Project Number: PPn:
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: Crain Automotive Group
Chris Crain
Address: 810 South Amity Road
Conway, AR 72034
Applicant X Representative
Representative (engineer, surveyor, realtor, etc.):
Name: Grafton Tull
Tom Hennellv. P.E.
Address: 901 N. 47th Street
Rogers, AR 72756
Phone: ( 501) 470-7001 Phone: ( 479) 878-2419
Email: chriscrain(cD_crainteam.net Email: thomas.hennelly a_craftontull.com
Fax:( 501) 542-6107 Fax: ( 479) 631-6224
Site Address / Location: 2011 W. Foxglove Drive, due west of Crain Hyundai
Legal description of area to be vacated (attach separate sheet if necessary):
See attached
Current Zoning District: C-PZD
Assessors Parcel Number(s) for subject property: 765-25759-000, 765-25760-000, 765-25763-000
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
December 2014
Page t
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.
Nance (printed): Thnaw;-A. Henneify, P.E. Daly:
MI5
PROPERTYOWNER(S) /AUTHORIZEAAGENT- I/we certify tinder penalty of petjuty that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If sigiferl bt> the 11111horizerf agent, a letter from eorh nronertr oiswer must be In-orldetillidicallne that
the went is authorized to act on his/her behalf)
Owners (attach additional info if necessary):
Name (printed). Chris Crain
Sir�naturc:
Dater —8-
0.
Name ( printed)• '1 CJ 6
Date: W/46
Address: 810 South Amity Road
Conway, AR 72034
Phone: ( 501) 470-7001
Address:
Phone: ( )
Vacation Checklist:
, lltach the followiaq items to this application:
(1) Payment in frill of applicable fees for processing the application:
S200.00 application fee
S5.00 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) Abstractors 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 front the Washington County Assessor's office or from the
Washington County website (wwNv_c(i,washinLton:ar.us). The subject property and all
adjacent parcels should be identified on this parcel map. The owner's name, official mailing
address, and the parcel number for every adjacent property shall be shown on this map.
perember gala
Page 2
CITY OF
7ayv**e'"te-v—i
ARKANSAS
TO:
FROM
MEETING DATE
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
March 14, 2016 Updated with Planning Commission results
SUBJECT: VAC 16-5322: Vacation (2011 W. FOXGLOVE DR.ICRAIN
VOLKSWAGON, 286): Submitted by CRAFTON TULL, INC. for properties
located at 2011 W FOXGLOVE DR. The properties are zoned C-PZD,
COMMERCIAL PLANNED ZONING DISTRICT and contain approximately
4.79 acres. The request is to vacate portions of access and utility
easements.
RECOMMENDATION:
Staff recommends forwarding VAC 16-5322 with conditions of approval.
BACKGROUND:
The subject property consists of three undeveloped parcels on Foxglove Drive that are zoned C-
PZD, being part of the Springwoods Commercial Planned District. The property contains
approximately 4.76 acres of primarily cleared fields with a platted tree preservation area located
on the southern portion of the property. The property is located within the 1-540 Design Overlay
District which applies only to signage. Surrounding land use and zoning is depicted on Table 1.
Surround
Direction Land Use
from Site __
North Undeveloped
South_ ^f Undeveloped
East Crain Automotive
West Undeveloped
Table 1
Land Use and Zonin
Springwoods C-PZD
Springwoods C-PZD
Springwoods C-PZD
Zoning
Proposal: The applicant proposes vacate access and utility easements to allow for development
of the previously approved Crain Volkswagon (LSD 15-5275).
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.fayetteville��4, 2016
Fayetteville, AR 72701 a Item 3
16-5322 Crain VW
Page 1 of 16
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
Public Comment:
No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 16-5322 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 x Forwarded D Denied
Meeting Date: March 14, 2016
Motion: Cook
Second: Selby
Vote: 6-0-2 (Commissioners Autry and Hoffman recused) Note: on consent agenda
BUDGET/STAFF IMPACT:
None.
attachments:
• Request Letter
• Petition to Vacate
Utility Approvals
■ Easement Vacation Exhibit
■ One Mile Map
• Close Up Map
Planning Commission
March 14, 2016
G:\ETC\Development Services Review\2016\Development Review\16-5322 VAC 2011 W. Foxglove Dr. (Crain VW) 286\ Agenda Item 3
03 Planning Commission\03-14-2016\Comments and Redlines 16-5322 Crain VW
Page 2 of 16
Crafton Tu I I
a architecture I engineering I surtteying
January 11, 2016
Planning Division
City of Fayetteville
125 W. Mountain Street
Fayetteville, AR 72701
Re: LSD 15-5275 Crain Volkswagen Easement Vacation Requests
Fayetteville, AR
CTA Job No. 15105900
901 N 47th Street, Suite 200
Rogers, AR 72756
479 636 4838 (n!,;
479,631 6224 fax'
This is the letter for the formal Easement Vacation Requests for the proposed Crain Volkswagen
car dealership. The project is located at 2011 W. Foxglove Drive, due west of the Crain
Hyundai. A vacation of an existing 20' utility easement along the eastern boundary is requested
for this project. City of Fayetteville code prohibits the construction of retaining walls within
utility easements. It is required to abandon the full width of the easement anywhere retaining
wall is located.
A vacation of an existing 28' access easement on the western boundary of the site is also
requested. The proposed building is positioned on top of this existing access easement. The
existing driveway that will be removed currently straddles a property line. The proposed
driveway is approximately 50' north of the existing driveway. Please see the attached legal
descriptions and exhibits for details.
Should you have any questions or require any additional information, please feel free to contact
us at your convenience.
Sincerely,
Crafton Tull
111�/
Ronald Watkins, Jr., E.I.
Project Engineer
�16
Agenda Item 3
16-5322 Crain VW
Page 3 of 16
PETITION FOR EASEMENT VACATION
PETITION TO VACATE AN EASEMENT LOCATED IN LOTS 15,16 AND 19 OF THE FINAL PLAT OF
MEADOW FIELD COMMERCIAL SUBDIVISION, 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 15, 16 and 19 of the Final Plat of Meadow Field Commercial
Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement
which is described as follows:
LEGAL DESCRIPTION FOR PORTION OF A 20' EASEMENT TO BE VACATED
A PART OF AN EXISTING 20' EASEMENT TO BE VACATED, BEING PART OF LOTS 15, 16 AND 19 OF THE
FINAL PLAT OF MEADOW FIELD COMMERCIAL SUBDIVISION, IN FAYETTEVILLE, ARKANSAS AS SHOWN
ON FINAL PLAT 0023-00000234 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 16; THENCE SOUTH 02°26'52" WEST A
DISTANCE OF 43.29 FEET; THENCE NORTH 87°33'08" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH
2°32'26" EAST A DISTANCE OF 231.89 FEET; THENCE NORTH 00°33'51" EAST A DISTANCE OF 140.58
FEET; THENCE SOUTH 89°05'36" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°34'07" WEST A
DISTANCE OF 141.12 FEET; THENCE SOUTH 02°33'43" WEST A DISTANCE OF 188.60 FEETTO THE POINT
OF BEGINNING. CONTAINING 0.17 ACRES MORE OR LESS OR 7445.75 SQ. FT..
That the abutting real estate affected by said abandonment of the easement are Lots 14, 17 and 18 of
the Final Plat of Meadow Field Commercial Subdivision, 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 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
Planning Commission
March 14, 2016
Agenda Item 3
16-5322 Crain VW
Page 4 of 16
properly owners as provided by law, and as to that particular land the owners be free from the
easements of the
public forthe use of said alley.
Hated this day of 44 +l� . 2016.
--Ckri� C, ix
Printed Name
Planning Commission
March 14. 2016
Agenda Item 3
16-5322 Crain VW
Page 5 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 02-03-2016
UTILITY COMPANY: AEP/SWEPCO
APPLICANTNAME: Chris Crain APPLICANT PHONE: (501) 470-7001
REQUESTED VACATION (applicant must check aft that apply):
0 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 2011 W. Foxglove Drive, due west of Crain Hyundai
tr (ATTACHlegal description and graphic representation of what is being vacated-SURVE19
7�TY 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:
signa�iurrvt rulilily Company ltcpr scntative
Title ✓� v
December 2014
Page 5
Planning Commission
March 14, 2016
Agenda Item 3
16-5322 Crain VW
Page 6 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 01-08-2016
UTILITY COMPANY: AT&T
APPLICANT NAME: Chris Crain APPLICANT PHONE: (501) 470-7001
REQUESTED VACATION (applicant must check all that apply):
IN 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 2011 W. Foxglove Drive, due vest of Crain Hyundai
DO (ATTACH legal description and graphic representation oJ'what is being vacated-SURVE19
UTILITY COMPANY COMMENTS:
4 No objections to the vacation(s) described above, and no continents.
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:
A
k f'
- Signature of Utility Company Representative
MGR OSP Ping & Engrg Design
Title
Derrmbcr ZO!-.
Mlg,r 1
Planning Commission
March 14, 2016
Agenda Item 3
16-5322 Crain VW
Page 7 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 01-08-2016
UTILITY COMPANY: COX Communications
APPLICANT NAME: Chris Crain APPLICANT PHONE: (501) 470-7001
REQUESTED VACATION (applicant must check all that apply):
X Utility Easement
Q Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
❑ 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 2011 W. Foxglove Drive, due west of Crain Hyundai
1$ (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.)
1KI No objections provided the following conditions are met:
Any damage to or relocation of our existin facilities will be at the owners/developers ex ense.
nature of Utility Company Representative
PlaTining & Construction Manager
Title
December 2014
Page 5
Planning Commission
March 14, 2016
Agenda Item 3
16-5322 Crain VW
Page 8 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 01-08-2016
UTILITY COMPANY: Source Gas
APPLICANT NAME: Chris Crain APPLICANT PHONE: (501) 470-7001
REQUESTED VACATION (applicant must check all that apply):
X Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
f1 Alley
I Street right -of' way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address 2011 W. Foxglove Drive, due west of Crain Hyundai
(ATTACH legal description and graphic representation of wbut is being vacated-SUR VE 39
UTILTTY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacatidn(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
5ignaturc of Utility Company Rcpresentative/
�UI'�rc lllrcUlL "' �IV�' �l Un1 �J���"Tif�,S
Title -
Dece„rher 201
Page 5
Planning Commission
March 14, 2016
Agenda Item 3
16-5322 Crain VW
Page 9 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE. 01-08-2016
UTILITY coMPANY: Ozarks Electric
APPLICANT NAME: Chris Crain _ APPLICANT PRONE: (501) 470-7001
REQUESTED VACATION (applicant must check g(j that apply).
® Utility Easement
ri Right -of --way for alley or streets and all utility easements located within the vacated right- of- way,
FJ Alley
F. Street right-of-way
I have been notified of the petition to vacate the following (alley, eosemew, right-of-way), described as follows:
General location I Address 2011 W. Foxglove Drive, due west of Crain Hyundai
DO (A77ACIT legal description arrd graphic repmentatlon of what is bring vacated-SURYE19
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 Iocation, dimensions, and purpose below.)
CI No objections provided the following conditions are met:
Signature of Utility Company Ric esentative
��"/S' j t? � . 1/� IN /� G#
_ L
"title I - -
December 2014
Page S
Planning Commission
March 14, 2016
Agenda Item 3
16-5322 Crain VW
Page 10 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 01-08-2016
UTILITY COMPANY: Transportation
APPLICANT NAME: Chris Crain _ APPLICANT PHONE: _ (501 ) 470-7001
REQUESTED VACATION (applicant must check q/
I that apply):
�& Utility Easement
LI Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
i I 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 2011 W. Foxglove Drive, due west of Crain Hyundai
(ATTACH legal description and graphic representation of what is being vacated SURVE19
UTILITY COMPANY COMMENTS:
i 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 I No objections provided the following conditions are met:
SigiA! l e Iit U4jiity Company IZ.Ipr4scutative
Title j 'I V
December 2014
Page 5
Planning Commission
March 14, 2016
Agenda Item 3
16-5322 Crain VW
Page 11 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 01-08-2016
UTILITY COMPANY: 1!� t)y pZI '—'AYQ f V-,(4a ,w K Z
APPLICANT NAME: Chris Crain APPLICANT PHONE: (501) 470-7001
REQUESTED VACATION (applicant must check all that apply):
X 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 2011 W. Foxglove Drive, due west of Crain Hyundai
N (ATTACH legal description and graphic representation of what is being vacated- SURVE3)
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 i No objections provided the following conditions are met:
Signamnre I Utility Campa cprescntativc
Title
December 2014
Page S
Planning Commission
March 14, 2016
Agenda Item 3
16-5322 Crain VW
Page 12 of 16
Agenda Item 3
16-5322 Crain VW
Page 13 of 16
EXHIBIT "A"
THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SITE, SHAPE, AND
LOCATION OF THE EASEMENT TO 'MICH IT IS ATTACHED: THIS DRAWING IS
NOT A PLAT OF SURVEY
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15105900 it 01/11/2016 1 CIF 1
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A`.: f:N[3` % (AND DESLIiTGED1 D?•: 'FINA1 P; Al Ui
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Grafton Full
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il`d.Wb aA113'ni4l�.EifS.�'Iw� !
Ma_ rrh 141141 2016
Agenda Item 3
16-5322 Crain VW
Page 14 of 16
16-5322 Crain VW
Page 15 of 16
n'ission
1, 2016
Item 3
16-5322 Crain VW
Page 16 of 16
NoRTHwEsTARKANsAs RECEIVED
DeMoCratgl(gaZett
QAPR272016
� CITY OF FAYETTEVILLE
CI'i Y CLERKS OFFICE
P. '. li\ :,.,i. r; ,a'r Fmlt-t'I:. F ,R.. '?79> r 4.''., ar i r,�r�,'�� 1, v1
r - ltt� • FAX: J "-l; � 11b i�= i� V!�✓� u7� .
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 5865
Was inserted in the Regular Edition on:
April 14, 2016
Publication Charges $94.90
oit, Y, � � & ,
Cathy Wile
Subscribed and sworn to before me
This 25day of *i\, 2016.
1 `
Notary Public
My Commission Expires:-%12,'-157
ASHLEY DAVIS
Arkansas - WashinLJu12,
Notary Public - Comm47
My Commission Expir25
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5865
File Number: 2016-0150
VAC 16-5322 (2011 W. FOXGLOVE
DR./CRAIN VOLKSWAGON):
AN ORDINANCE TO APPROVE VAC 16-
5322 SUBMITTED BY CRAFTON TULL,
INC. FOR PROPERTY LOCATED AT
2011 WEST FOXGLOVE DRIVE TO
VACATE PORTIONS OF ACCESS AND
UTILITY EASEMENTS
WHEREAS, the City Council has the
authority under A.C.A. § 14-54-104 to
vacate public grounds or portions thereof
which are not required for corporate
purposes; and
WHEREAS, the City Council has
determined that the following described
portions of access and utility easements are
not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City
of Fayetteville, Arkansas hereby vacates
portions of access and utility easements as
described in Exhibit B attached to the
Planning Department's memo.
Section 2. A copy of this Ordinance duly
certified by the City Clerk along with the
map attached as Exhibit A to the Planning
Department's memo shall be filed in the
office of the Washington County Circuit
Clerk.
Section 3. This vacation approval is subject
to the following condition:
1. Any costs associated with relocation of or
damage to utilities and new easement
dedication shall be at the owner/developer's
expense.
PASSED and APPROVED on 4/5/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73655866 April 14, 2016