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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 'r��11�k11IIft1/��r/ ti♦ ER K f +Ar err • q N S Nb •'��'�� ir.1ff' `ON' `D\ 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 /� } n �,,,-- `"�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-, ,. � z �,.� .,_ 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