HomeMy WebLinkAboutORDINANCE 5868I
- -�
Doc ID: 017025760004 Type: REL
Kind: ORDINANCE
Recorded: 08/23/2016 at 10:00:26 AM
Fee Amt: $30.00 Paqe 1 of 4
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File20i6-00024308
113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5868
File Number: 2016-0181
VAC 16-5375 (1924 E. CHARLEE STJ SEASIDE POOLS):
AN ORDINANCE TO APPROVE VAC 16-5375 SUBMITTED BY SEASIDE POOLS, INC. FOR
PROPERTY LOCATED AT 1924 EAST CHARLEE STREET 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 relocation or damage to utilities and associated new easement dedication shall be at the
owner/developer's expense.
PASSED and APPROVED on 4/19/2016
Page 1 Printed on 4120116
File Number: 2016-0181
Ordinance: 5868
Attest:
Sondra E. Smith, City Clerk
Treasurer
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Page 2 Printed on 4120116
16-5375
EXHIBIT'A'
VAC 16-5375
Close Up View
A]
u
W
a
ADELAIDE LN
Legend
-- Shared -Use Paved
Neighborh
O„ervieYNatural Surface T
VAC16-5375
- - - Fayetteville City L
- Footprints 2010
Design Overlay D
SEASIDE POOLS
FZ5F.4
SUBJECT PROPERTY
CHARLEE ST
0 37.5 75 150 225 300
------ Planning Area I Feet
16-5375
EXHIBIT 'B'
trf,m Z
A PART OF LOT NUMBERED TWENTY-SEVEN (27), COTTAGES AT OLD WIRE, A
SUBDIVISION TO THE CITY OF FAYETTEVILLE. ARKAN.SAS, AS PER THE LAND
RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT
TWENTY-SEVEN (27); THENCE SO3'07'10'W 10.00 FEET ALONG THE EAST LINE OF
SAID LOTTO THE TRUE POINT OF BEGINNING; THENCE 303007'10"W 10.00 FEETTO
A POINT; THENCE LEAVING THE EAST LINE OF SAID LOT, N87016'29'W 50.00 FEET
TO A POINT ON THE WEST LINE OF SAID LOT; THENCE NO3°07'10'E 10.00 FEET
ALONG THE WEST LINE OF SAID LOT TO A POINT; THENCE S87.16'29'E 50.00 FEET
TO THE POINT OF BEGINNING, CONTAINING 500 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
08/23/2016 10:00:26 AM
and recorded in Rea ate
File Number 2016. 0024
Kyle Sylvester- r ui
by
City of Fayetteville, Arkansas 113 West Mountain Streel
Fayetteville, AR 72701
(479) 575-8323
it,
I
Text File
File Number: 2016-0181
Agenda Date: 4/19/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 2
VAC 16-5375 (1924 E. CHARLEE ST./ SEASIDE POOLS):
AN ORDINANCE TO APPROVE VAC 16-5375 SUBMITTED BY SEASIDE POOLS, INC. FOR
PROPERTY LOCATED AT 1924 EAST CHARLEE STREET 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 relocation or damage to utilities and associated new easement dedication shall be at the
owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 4/20/2016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2016-0181
Legistar File ID
4/19/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/1/2016 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
................._.
VAC 16-5375: Vacation (1924 E. CHARLEE ST./SEASIDE POOLS, 369): Submitted by SEASIDE POOLS, INC. for property
located at 1924 E. CHARLEE ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.13 acres. The request is to vacate a portion of a utility easement.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Fay •
le
ARKANSAS
MEETING OF APRIL 19, 2016
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
FROM: Andrew Garner, City Planning Director
DATE: April 1, 2016
SUBJECT: VAC 16-5375: Vacation (1924 E. CHARLEE ST./SEASIDE POOLS, 369):
Submitted by SEASIDE POOLS, INC. for property located at 1924 E.
CHARLEE ST. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.13 acres. The request is
to vacate a portion of a utility easement
RECOMMENDATION: Planning staff and the Planning Commission recommend approval of VAC
16-5375 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 is the undeveloped Lot 27 located in the Cottages at Old Wire Subdivision
and contains approximately 0.13 acres in the NC zoning district. The applicant proposes vacation
of a portion of utility easement to allow for development of a pool in the backyard of a new home
planned on the property. The area to be vacated is depicted on Exhibits A and B attached to this
memo.
DISCUSSION:
On March 28, 2016 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 9-0-0 as a consent 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
16-5375
011 _y
16-5375
EXHIBIT -B'
APART OF LOT NUMBERED TWENTY-SEVEN (27), COTTAGES AT OLD WIRE, A
SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE LAND
RECORDS OF WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID LOT
TWENTY-SEVEN (27), THENCE S03007'10"W 10.00 FEET ALONG THE EAST LINE OF
SAID LOT TO THE TRUE POINTOF BEGINNING; THENCE S03"07'10"W 10.00 FEET TO
A POINT; THENCE. LEAVING THE EAST LINE OF SAID LOT, N87-16.29-W 50.00 FEET
TO A POINT ON THE WEST LINE OF SAID LOT; THENCE NO3°07'10'E 10.00 FEET
ALONG THE NEST LINE OF SAID LOT TO A POINT, THENCE S87-16.29-E 50.00 FEET
TO THE POINT OF BEGINNING. CONTAINING 500 SQUARE FEET, MORE OR LESS.
CITY OF FAYETTEVILLE, ARKANSAS
Right -of -Way, Easement or Alley
VACATION
FOR STAFF USE ONLY
Date Application Submitted.
Date Accepted as Complete:
Project Munber_-
Public Hearing Date:
FEE: $200.00
Sign Fee: $5.00
S-T-R:
PPff:
Zane:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Yorrr application will not be Placed on the Planning Conrnrission age►rda nntil this information is furnished.
Application:
Indicate one contact person for this request: _2�' Applicant Representative
Applicant (person ►nakhrg request): Representative (engineer, surveyor, realtor, eta):
Name: RyN
Address: F4 I(/_ �"l 1vy11Ps Gn1
-f r 10/2 tAl 6, c.F 1L 72 7rt 1
Phone: 0G
Email:
Name:
Address:
Phone: ( )
Email:
Fax: (% /',/) 7 5Z ^/w/� ? Fax:
Site Address / Location: 132 `/ F G//R 2 LSE ST
Legal description of area to be vacated (attach separate sheet if necessary):
?AIZ GILL Nv. r G'. r2 s- — d00 L 0 7-
A) 7— e W /A E -!T J-�)
Current Zoning District: a
Assessors Parcel Number(s) for subject property: 7laS Z iS - 2 —Ooo
FINANCL4L INTERESTS
The following entities and / or people have financial interest in this project:
December2014
Page I
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): b p/ f IU /i? ,r? % % Dme: -3 -7-1 p
a2;1 f1l.t.cvrnJ1,�
PROPERTY 0WNER(S) /AUTHORIZED AGENT: 1/we certify under penalty of perjury that I amhve are the
owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to
its filing. 6bLvlkued by the authorized rreent, a letter from each properip oiviter Burst baproyiderlindicating.that
the a,�eut is authorized to act on his/her behalf.)
Owners (attach additional info if necessary):
Name (printed): OVLC11�61--Ao,�= (- Oxws 0A AA,
Signature:
Date: 6,
Vacation Checklist:
Attach the following items to this application:
Address: ro • 2a`fi "V�1_1 9
Phone: (y79) a—"Sl l'/ 04
Phone• (499 nG1aa5
/(L) 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).
,r(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).
f (8) A copy ofthe county parcel map from the Washington County Assessor's office or from the
Washington County website (www.co.washington.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.
December 2014
Page 2
CITY OF
Fay
t-11c
ANSAS
TO:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
March 28, 2016 Updated with Planning Commission results
SUBJECT: VAC 16-5375: Vacation (1924 E. CHARLEE ST./SEASIDE POOLS, 369):
Submitted by SEASIDE POOLS, INC. for property located at 1924 E.
CHARLEE ST. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.13 acres. The request is
to vacate a portion of a utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 16-5375 with conditions of approval.
BACKGROUND:
The subject property is the undeveloped Lot 27 located in the Cottages at Old Wire Subdivision
and contains approximately 0.13 acres in the NC zoning district. Surrounding land use and zoning
is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use _ Zoning
North Single family residential RSF-4, Residential Single Family Four
Units per Acre
South, East, West Single family residential NC, Neighborhood Conservation
Proposal: The applicant proposes vacation of a portion of utility easement to allow for
development of a pool in the backyard of a new home planned 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:
Utility Response
Cox Communications No objections
AEP/SWEPCO No objections
Source Gas No objections
AT&T No objections
iss
Mailing Address: March 28, 2(
113 W. Mountain Street www.fayetteviJle-a$"a iter
Fayetteville, AR 72701 16-5375 Seaside Po
Ozarks Electric
City of Fayetteville
Water/Sewer
Not applicable
Response
No objections
Recycling/Trash No objections
Transportation No objections
Public Comment:
No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 16-5375 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: Cl Approved x Forwarded O Denied
Meeting Date: March 28, 2016
Motion: Cook
Second: Chesser
Vote: 9-0-0 Note: on consent agenda
BUDGET/STAFF IMPACT:
None.
attachments:
■ Petition to Vacate
■ Easement Vacation Exhibit
■ Utility Approvals
• One Mile Map
• Close Up Map
Planning Commiss
March 28, 2(
G:\ETC\Development Services Review\2016\Development Review\16-5375 VAC 1324 E. Charlee St. (Seaside Pools) 369\03 Agenda [ter
16-5375 Seaside Po
Planning Commission\03-28-2016\Comments and Redlines
y
4686N. Thompson
March 3, 2016
479-756-6543 P.O. Box 781
I,r'� 41 1
Springdale, Arkansas 72765
PETITION TO VACATE, A UTIL LITY EASEMENT LOCATED IN LOT 27 TBE
COTTAGES AT OLD WIRE SID, CITY OF FAYE,TTEVI LLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the utility easement hereinafter sought to be
abandoned and vacated, lying in Lot 27 The Cottages at Old Wire S/D, City of Fayetteville, Arkansas, a
municipal corporation, petition to vacate a utility easement which is described as follows:
(Parcell # 765-29562-000, Lot 27 of The Cottages At Old Wire S/D)
That the abutting real estate affected by said abandonment of the Utility Easement is Lot 28 #765-79563-000
and Lot 26 #765-29561-000 of The Cottages at Old Wire S/D and in the rear of the property Lot 18 4765-
17123-000 of Regency Estates S/D, 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 ofthe City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer
easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as
provided by law, and as to that particular land the owners be free from the easements of the public for the use of
said Utility easement.
Dated this 3`d day of March, 2016
Printed Name
Signature
Planning Commiss
March 28, 2(
Agenda Iter
16-5375 Seaside Po
50.00' P
vAcA-r)oN AIKEA
- a• __j -
i i -
----` PLAN- 1856LFB
_
ROOF i, - LOT _ - 5,951 SQ. FT.
OVERHANG I DIRT = 3,195 SQ. FT.
c, � =.
DAV = 634 SQ. FT.
CITY S/W =160 SQ. FT.
2,522 SQ. FT. I
L
50.00, t i
I^ SIDEI°TALK �s•
GREENSPACE
MSP G✓ CURS LINE !
R/W c/L
I
F. CHARLEE ST.
T_.— -----------_.—.
L- 3,-6„
r- 20'
SCALE 1" = 20' I i -
i
1324 E. Charlee st.
Lot 27
The Cottages at
Old Wire
PROPERTY LINE --- ---------
EKT. FOUNDATION LINE SUFFiNGTO�d HOMES
-_�.. BUILDTOLINE . .. .....,5A..-..•..•
OF ARKAN5
— - -- - — BUILDING SETBACK
- - -- — UTILITY EASEMENT --
Drawn by:
Joe Griffith
12/29/15
P[an 3 Commiss
arch 28,2(
Agenda [ter
16-5375 Seaside Po
UTILITY,,UPROVAL FORM
FOR RIGHT- 9r- WAY, ALLEY, AND
UTILITY F iSEtMENT VACATIONS
DATE:
f.
UTILITYCOrWAVY: �/l/lrj, i 111 G✓ f "% ! ,!i
APPLICANTN'A&IE: '?t),q
REQUESTED VACATION (upplicant mrdl check all thal apply):
A 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, righl-of-way), described as follows:
General location I address /-7Z c14 /
• 7- ig
i—
�1
.c !2%f-> 7.% 2
f'
row)
l
ir4'7 . t! i•. /� ' _ w _,i
J
to
CIO
ATTACH legal descr1 lion and ro hic re resenlaliou o whal is bein.- vacated-SURYEY)
i P aPP P I
J
UTILITY COMPANY CONILJENTS:
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.)
ix No objections provided the folloN\ing conditions aie met:
;;"titt�. cl�ttrtne I() fAT t'elUc�ti[]n of [?tti' CXlfiltl f�, ate%�� ti �1! i7c_�l the �n�r�r Y.�.�nner� eAn��t�se.
of Unity Company Representative
December 2014
Poge i
Planning Commiss
March 28, 2(
Agenda Iter
16-5375 Seaside Po
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY,;M
UTILITY EASEyIEyT VACATIONS
DATE: _ % J l
UTILITY COrNIPANY:
�' �-;4S/0P7 PPLICANT' PHO E: �%� f r' -``07 el
;IPPL[CA,,, I' i` ME: �t� n(� sa, r;a r
r-o/L �T14r�l�Gc STl/t�FS/C
REQUESTED VACATION (applicant nursl checks nil tlrat apply):
A 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
[ have been notified of the petition to vacate the following (alley, easerneirl, right-of-ivay), described as follows:
General location / Addr}ess y� �� !� / f 'R r 1 P t/CG
o�la DJ 1,t'e �t�r� .r) �CJ �1v'qy � �a ���ejrfi
607r
;� (AYTACH legal descriplion and graphic representation ofiv], I is bell; vncnlerl-SURYE1� 1
UTILITY COMPAIIY CON[MENTS:
J No objections to the vacation(s) described above, and no comments.
No objections to the vacations) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met.
5ignatur utility Company Rep° enlative
—Titic.
December2014
loge
Planning Commiss
March 28, 2(
Agenda Iter
16-5375 Seaside Pc
UTILITY APPROVAL FORM
FOR RfGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: _ r > f�p 14 e— G �! /rr` i z . /- e 1
APPLICANTNAME: r?a ,),A r- S'(-A'S 6,F APPL[CANT PHONE:._6
REQUESTED VACATION (uppllcanl must check all Thal apply);
A 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. easernenr, right-of-way), described as follows:
a r u r-..w J E~ 0 r` ? i f li�/r! G 1/6e
General location/ address /,�Z / ,� �� � � _
(ATTACH legal description and graphic represenlalion of what is being vacnled-SURVEY)
UTILITY COMPANY CO,j[NJENTS:
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 follo«ing conditions arc met'
,LU
Signature of Utility Company Representati e
Title
,j-Inbe 2014
Page S
Planning Commiss
March 28, 2(
Agenda Iter
16-5375 Seaside Po
UTILITY APPROVAL F0RM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: vim—/ /
UTILITY COR4PANY: /{ �� eel -(APPLICANT NAME: %?h nLsyt a /�91A r L SC S/D�Q APPLICANT PHONE: y %9 I/ 9
Fd2 J/}N(GE 5r/-fNFS/C
REQUESTED VACATION (applicant nuiR check all that apply):
Ai Utility Easement
0 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
CP Alley
0 Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, eight=of-ivay), described as follows:
General location I Address 7Z- c� Lf}-1A rZ!_ Ff= 7—G 0 7� r�I� T VA C
/.
!1 t' (= r � r1;'�'�•� ` � �n_� _ o �.� ��.1 l r! e !� a.4-1) f�� �15��, c :'v T ' _ j �l � <-'
ja= (ATTACH legal description and graphic representation of what is being vacated-SURYE19 f ��
UTILITY COMPANY COMMENTS:
n No objections to the vacation(s) described above, and no comments.
J No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions. and purpose below.)
X, No objections provided the following conditions are met:
If AT&T facilities are damaged or require relocation will be the responsibility of the
property owner/ developer.
`die ofUtility t'oirsparty'ReprLxc ntative
tl..?,mf-e-r—Q-$-e-ehLcL&—EngLa—D-gailgn—
Title
December 201.
Pogc S
Planning Commiss
March 28, 2(
Agenda Iter
16-5375 Seaside Po
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: Z—/—/
UTILITY COMPANY: e—,q Yz ,/ e v e If' i / Cad' � ��' �''C� �
rY' - <
APPLICANTNANIE: y( .-.y,�i.x r � r'1fS1r1¢ i�12 lP)'LICANTHIO E: Ay
02 J-
,4&!G .67 �Til/�iFSi
REQUESTED VACATION (applicant must check a l that apply):
A. Utility Easement
Ri.ght-of-xvay 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, righl-of-nay), described as follows:
General location I Address 1-72- '/
iC 0i 1 ter'_ E_ .r3 1 4 p % '
s f '' fr i
tlC�
% ? 7r-. f
f fo L .c? w
4, � '� ., r ,—
ePAI T7, ;/,1.��;�:��,;-1/i`-' �
�� , :a*;' , 0Cl,'= 1. ,. ','
�So % O�/
(ATTACH legal description and graphic representation ojtphal is being +,acaterl-SURVEY)
UTILITY COMPANY CONINJENTS:
ly No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided followin; described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
Signature if Utility Co gip. ny Representative
Title
December 2014
Page i
Planning Commiss
March 28, 2(
Agenda Iter
16-5375 Seaside Po
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASENIEtYT VACATIONS
DATE:
UTILITY COMPANY; � 7� fir// +'ram remu`/ / ` rIe!(
APPLICANT NA.IE: l3 t1�}t' .,Y1°•t r t^ L rr.'S/ r_:�Pi'L(CANT PRONE. _ V 7f
r o n_ �T/�/� (C � STi�• /��LS� �
REQUESTED VACATION(applicant mast check all Ula(apply)=
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- %va_v.
Allev
Street right -of way
I have been notified of the petition to vacate the following (alley, easement, riglir-of-way), described as Follows:
General location/ Address _/-'Z- V r, rlJi+' Wit-;: 6 L — % r
rJ t;• .a t,.t .• t r 7? %!i._' /} l.� �t): IC�'v�:`d ✓7�
1 j j _ i
h T°�.�''li4f r9l:"'T,/ tit r ' _�r11 ''�+: t)+.f( 4) ,i: 1. f :r= J �J
(ATTACH legal description and graphic representntion of what is being vacated-3VRVEY)
UTILITY COivIPANY CONINJENTS:
No objections to the vacation(s) described above, and no comments_
No objections to the vacations) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
_ i\'o ob�ions Prodcd the Collowinconditions are met:
Q-�
YL
5igt1¢'ure of Utility Company Representative �Q
�4 �:� vv4 " %6'17 , ct 1 U 1p . Lt/t 1 � �t I rr5 t `u 6 l� c 4 "O' 5
Title 17"-- �i
310 zo t
December 201 d
Page 5
Planning Commiss
March 28, 2(
Agenda Iter
16-5375 Seaside Po
UTILITY APPROVAL FORI!I
FOR RIGHT- OF- WAY, ALLEY, At`lD
UTILITY EASEMENT VACATIONS
DATE: i
UTILITYCONIPAcNY f P r ✓; r7_c ,':F.� I!r ��' !�„C
.kPPLICANTNA:LIE: rQr�.y4i !��'�:ar'!�S,:'S�4r APPLICANTPHONE: %/� %f�f' j 6
REQUESTED VACATIOi`i (applicant nuts[ check all Mal apply):
A Utility Easemant
Right-of-way Cora I I eyor sweets and all utility easements located within the vacated ri3ht- of- v,-ay.
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 /3Z'/ + 6AIA: ci r"� i + r r'f"fi= 7-i'= t/r_'=
=' !% -=- ''•'.1;'a' l�ti % ,ram' �/7 { � �.) i11 •' � `%C O�'.rj i �a ��� •_'�•, .`'I . / _ :r i ,� �^`:'��/ • - .
•� /tit ) ;'
5�� •i!'I/ /ir' /'�s`1
��! L^ `. ,
(ATTACH legal description anti.-rophic representation of what is being vacated-3UR VrYJ
UTILITY COMPANY C01,INJ6NTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following_ described easements are retaincd.
(State the location, dimensions, and purpose below.)
C No objections provided the Following conditions are met:
signs u ' of C4ity Company Representativc
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�,,,-- `"�r} s 5-4•c.��-: I. ""A C (a ,�I ,: `�. . , �i' U � t �Yti r t Ck
Title
December 2014
.1qr i
Planning Commiss
March 28, 2(
Agenda Iter
16-5375 Seaside Po
^--- .. -C
16-5375 Seaside Pc
RZ,
RECEIVED
NORTHWEST ARKANSAS MAY 0 2 2016
ocLatva�azetctcTy
LEKS FAYETTEVILLE
CRDemCl-,
,.
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kr°. ' I '-,'. t . ax 7,Y202 • :F;°aX: 179-69-1iifz +
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. 5868
Was inserted in the Regular Edition on:
April 28, 2016
Publicf tion Charges $ 85.20
(Ow" I,c)J_e_
Cathy Wiles
Subscribed and sworn to before me
This 2- day of Nvq , 2016.
4Q;=`" , gtAA %.X,
Notary Public
My Commission Expires: «I2412LL
,��tat� tt�ierr
0�,3?gd.' ¢ —
* *NOTE*
Please do not pay from Affidavill'-'5.1"..�:v'-
Invoice will be sent.
Ordinance: 5868
File Number: 2016-0181
VAC 16-5375 (1924 E. CHARLEE ST./
SEASIDE POOLS):
AN ORDINANCE TO APPROVE VAC 16-
5375 SUBMITTED BY SEASIDE POOLS,
INC. FOR PROPERTY LOCATED AT
1924 EAST CHARLEE STREET 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 relocation or damage to utilities and
associated new easement dedication shall be
at the owner/developer's expense.
PASSED and APPROVED on 4/19/2016
File Number: 2016-0181
Ordinance: 5868
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73668907 April 28, 2016
