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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): Illff l�f III�I�rll[If if f f �il�l�lld�f f l �l�ll 1�1�1111�f if ff f �If f i �llll llllllllllll� 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 r i 0 O J Xr 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 llr } fifq r 1u a I t In I C 1d If ' '®dl _ t lM I I1L»a Aal I PRAWN htlUhf1• S.fffi: 15105900 it 01/11/2016 1 CIF 1 LOT 15 !{ CI a-S EASEMENT T() BE yACtifi—'D RI ( t)I A :('FSS F.A,`'iF%IFN- A`.: f:N[3` % (AND DESLIiTGED1 D?•: 'FINA1 P; Al Ui MEADOW FIFM f:('rlWFRIC"M %imDIVESION 002S 00t,('12:)4 WkI `I +:7111 S9. Sf•il*2"0 Grafton Full �`! •:f4 MI['l:IIAIR fi+lii'rv+p�rrir�45a3f4 t:}�'1 :� 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