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Home My WebLink AboutORDINANCE 587204 f�YFif6.. 4{ G fi v�kars5r•s 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5872 File Number: 2016-0194 VAC 16-5354 (1137 W. MLK BLVD./ARENA VILLAGE): Doc ID: 017054280004 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09:22:36 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00026320 AN ORDINANCE TO APPROVE VAC 16-5354 SUBMITTED BY STEVE FOWLER FOR PROPERTY LOCATED AT 1137 WEST MARTIN LUTHER KING BOULEVARD TO VACATE PORTIONS 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 portions of a utility easement 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 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. PASSED and APPROVED on 5/17/2016 Page 1 Printed on 5118116 File Number: 2016-0194 Ordinance: 5872 Attest: Sondra E. Smith, City Clerk Treasurer FAYETTEVILLE: '.s'S'••'9kANS5 * � Lei ii ii +t ►►�` Page 2 Printed on 5118116 16-5354 EXHIBIT 'A' VAC 16 5354 ARENA VILLAGE Close Up View PUBLIC 545 CARLS4N G 'O SUBJECT PROPERTY M 1N LUTHER KING BLVD cs c-x INf71A1'1 TRL R-O 1 I w �Q Y ROCHIER ST RMF-Z4 RW-O ve ew VAC 16-5354 - i Fayetteville City LI its - Footprints 2010 G_. _! Design Overlay Di 5trict 0 75 150 300 450 Soo ----- Planning Area Feet 16-5354 EXHIBIT 'B' 'e4:5em e"j -f ( Pro ert Descri Lion: A part of the S-k2 of the SE. of Section 17: Township 16 North. Range 34 West. Easement: A permanent easement 15 feet in widths said easement being 7.5 feet either side Of snd measured normal to a survey line more particularly described as follows. Beginning at a point on the North right-of-way line of the St. Louis & San Francisco RaiZrnad Spur Wrack, said point being approximately 1093 feet east and approximately 130 feet north of the SW corner of the SEA of the SEA of Section 17, Township 16 forth, Range 30 West, thence north 8" 411 West 183 fegt to a point on the south right-of-way line of U. S. Highway 62) said point hez. g approximately 1065 feet east and approximate�.y 311 feet north of the SW corner of the St j of the SE-1 of said Section 17. The survey line Is further identified as the centerline of the first sewer line as constructed. Also, a temporary easement of 60 feet width for construction purposes. .-Property and easement are shown on the attached plat. .. 1 I Washington County, AR I certify this instrument was filed on 09/09/2016 09:22:36 AM and recorded in Real Estate File Number 2 6320 Kyle Sy lve - Cir t erk by City of Fayetteville, Arkansas .i Text File File Number: 2016-0194 Agenda Date: 5/17/2016 Version: 1 In Control: City Council Meeting Agenda Number: B 2 VAC 16-5354 (1137 W. MLK BLVDJARENA VILLAGE): 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO APPROVE VAC 16-5354 SUBMITTED BY STEVE FOWLER FOR PROPERTY LOCATED AT 1137 WEST MARTIN LUTHER KING BOULEVARD TO VACATE PORTIONS OF A UTILITY EASEMENT (LEFT ON FIRST READING) 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 a utility easement 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 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. City of Fayetteville, Arkansas Page 1 Printed on 511812016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0194 Legistar File ID 5/3/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/15/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5354: Vacation (1137 W. MLK BLVD./ARENA VILLAGE, 521): Submitted by STEVE FOWLER for property located at 1137 W. MLK BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 3.42 acres. The request is to vacate portions of a utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution #1 Original Contract Number: Comments: Approval Date: CITY OF ■ p ARKANSAS MEETING OF MAY 3, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: April 15, 2016 SUBJECT: VAC 16-5354: Vacation (1137 W. MILK BLVD./ARENA VILLAGE, 521): Submitted by STEVE FOWLER for property located at 1137 W. MLK BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 3.42 acres. The request is to vacate portions of a utility easement. RECOMMENDATION: Planning staff and the Planning Commission recommend approval of VAC 16-5354. BACKGROUND: The subject property is located on the northeast corner of Stadium Drive and Martin Luther King Boulevard. The property is developed with a retail center with three buildings totaling approximately 17,775 square feet that was built in 1993. The property contains approximately 3.42 acres. An existing and unused 15 foot wide water/sewer easement is platted on the site, a portion of which is partially covered by the existing building. The Development Code (UDC 166.12) does not allow structures over easements. The applicant proposes to vacate access and utility easements as depicted in Exhibit 'A' and described in Exhibit 'B' to bring the existing building into conformance with City code. DISCUSSION: On April 11, 2016 the Planning Commission forwarded this item to the recommendation for approval with a vote of 9-0-0 as a consent agenda item. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A, Exhibit B, Application, Planning Commission Staff Report City Council with a Mailing Address: 113 W. Mountain Street www.fayetteviiie-ar.gov Fayetteville, AR 72701_ 16-5354 EXHIBIT 'A' VAC 16-5354 Close Up View 5d 5 �A] INDIAN T'RL MW RMF•24 VAC16-5354 - - - Fayetteville City Li nits Footprints 2010 Design Overlay Di ;trice ----- Planning Area ARENA VILLAGE CAR_SON D P-1 c-2 0 75 i50 SUBJECT PROPERTY LUTH�`G 13LVL1 ROCHIER ST 300 450 506 Feet RMF-40 Cs 16-5354 EXHIBIT 'B' e'j + �_ co'� ( Property Destrlption_ A part of the S2 of the S 1 of Section 17, Township 1.6 North. Range 30 West . Easement - - A permanent easement 15 feet in width, said easement being 7.5 feet either side of and measured normal to a survey line more particularly described as follows. Beginning at a point on the North right -of -gray line of the St. Loris & San Francisco Railroad. Spar Wrack, said poiat being app. orately 1093 Feet east and approximately 1JO feet north of the SW corner of the ��; o-f' t:�e 5�� o�' Section 17, Township 16 North, Range 30 West, thence north 8a 41 ` west 183 feet to a paint on the south right-of-way line of U. S. Righway 62, said point being approximately 1065 feet east and approximately 31.1 feet north of the SW corner of the SE- of the SEof ss.id Section 17. The survey sine is further identified as the centerline of the first sewer line as constructed. Also, a temporary easement of 60 feet width for construction purposes. --Property and easement are shown on the attached plat. ,. , CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STA FF USE ONL Y FEE. S200. 00 Date Application Subtnitled: Sign Fee: $S.00 Date Accepted as Complete:7=1i: j Project Number: l�� t PPI;: 1 Public Nearing Date: J ��Jjj 111 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 Representative Applicant (person making request): J Name: Mboroe N eN k h Address: i� f'2�1 �+ ! ? 1 Phone: V) ` �, ` �7 J 3 Email: 5 r t7q,(, 6 q in r COY°" Representative (engineer, surveyor, reallor, etc.): Name: Address: Phone: ( ) Email: johnhouston77@hotmail.com Fax: ( ) Fax: ( } Site Address / Location: Legal description of area to be vacated (attach separate sheet if necessary): Current Zoning District: f� x Assessors Parcel Number(s) for subject property: 7 '000' C) FINANCIAL INTERESTS The following entities and / or 5'-J 6 vG dhn have financial interest in this project: /ems December 2014 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 ,14)1&-- Date: L��H PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (l�slt�tictf by the itntltori�ed trileirt, ri letter lrotar early tarot�c�rt�� o►sRracrr iririst Ire nrtwideel indicatint, th(it the aeent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name (printed): - (ice Address: U t (l� Si=nature: Date: Phone: (W ip ) 6-V'5— S-,757- 3-3 Name ( rinlcd : Si gnat urc!--- -� Date: -iL14 A-o k n Address: -2— 7 4 ' f 4C 1 ve rl A zo Phone: (479) Vacation Cheddi t: Attach the followvit items to this application: (1) Payment in full of applicable fees for processing the application: $200.00 application fee $5.00 public notification sign fee (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may be included on the survey plat). (3) Survey of the site depicting the perimeter property lines and area within the property to be vacated. (4) CD containing a copy of the legal description in MS Word and PDF copies of the signed application and all other items submitted with this project. (5) A surveyor should stake the area on the site to be vacated for utility company review on their site visit. (6) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Abstractor's Certificate of Ownership stating names of all owners of property adkjacent to the street right-of-way, alley, or easement to be vacated (this document is obtained from a title company). (8) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co. wash ington.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 T 04 ay,e —Ile ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Quin Thompson, Planner prI UPDATED APRIL 12, 2016 SUBJECT: VAC 16-5354: Vacation (1137 W. MLK BLVD./ARENA VILLAGE, 521): Submitted by STEVE FOWLER for property located at 1137 W. MILK BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 3.42 acres. The request is to vacate a water/sewer easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5354 with conditions of approval. BACKGROUND: The subject property is located on the northeast corner of Stadium Drive and Martin Luther King Boulevard. The property is developed with a retail center with three buildings totaling approximately 17,77.5 square feet and was built in 1993. The property contains approximately 3.42 acres. An existing and unused 15 foot wide water/sewer easement is platted on the site, a portion of which is partially covered by the existing building. The Development Code (UDC 166.12) does not allow structures over easements. The surrounding zoning and land uses are depicted in Table 1. Table 1 Surrounding Land Use and Zon Direction from Site Land Use North South East West - - University of Arkansas Single-family residential Single-family residential Commercial Zoning P-1 RMF-24 RMF-24 C-2 Proposal: The applicant proposes vacation of a portion of water/sewer easement as depicted in an exhibit provided by the applicant (comprising approximately 2,600 square feet) to bring the existing building into conformance with City development code. 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 Commiss 113 W. Mountain Street www.fayetteville'W.66v. 2( Fayetteville, AR 72701 Agenda Iter 16-5354 Arena Vills ^--- . -° Utilit Response Cox Communications No objections with conditions AEP/SWEPCO No objections Source Gas No objections AT&T No objections Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections Trash & Recycling No objections Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5354 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. I Planning Commission Action: O Approved X7 Forwarded O Denied Meeting Date: April 11, 2016 I Motion: HOFFMAN Second: AUTRY Vote: 9-0-0, CONSENT AGENDA BUDGET/STAFF IMPACT: None. Attachments: ■ Petition to Vacate ■ Plat Detail ■ Utility Approvals ■ One Mile Map ■ Easement Vacation Exhibit ■ Close Up Map Planning Commiss G:\ETC\Development Services Review\2016\Development Review\16-5354 VAC 1137 W. MLK Blvd. April 11, 2( (Arena Village) 521\03 Planning Commission\04-11-2016\Submittal Documents Agenda Iter 16-5354 Arena Ville Petition to Vacate Easement Petition to Vacate an easement located in Arena Village Retail Center, City of Fayetteville, Arkansas. To: The City Planning Commission and The Fayetteville City Council Monroe Arena LLC being the owner of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in the City of Fayetteville, AR, a municipal corporation, petitions to vacate the easement which is described below and referenced in the attached ALTA Survey. The public's interest and welfare would not be affected by abandonment. The Petitioners is requesting that the City of Fayetteville, Arkansas abandon and vacate the described real estate easement below, and that the included described real estate be used for Monroe Arena LLC's benefits and purpose as now approved bylaw. The Petitioner's further request that the enclosed described real estate easement be vested in Monroe Arena LLC as owner as provided by law. Wherefore, the undersigned petitioner respectfully request of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate easement, and that the title to said real estate easement sought to be abandoned be vested in Monroe Arena LLC owner as provided by law, and as to that particular land Monroe Arena LLC be free from the easement of the public for the use by the City of Fayetteville. Dated this 17 day of February, 2016 Monroe Arena, I I'C Steve Fowler, Member Easement to be Vacated: Recorded on October 10, 1973Record Book 856 at Page 943 Property Description: A part of the S* of the SEw of Section 17, Township 16 North. Range 30 West. Easement A permanent easement 15 -feet Xn width,'said easement being 7.5 feet either side of and measured normal to a survey line more particularly described as follows. Beginning at a point on the Worth right-of-way line of the St. Louis & San Francisco pailrn,_cl Spur Track, said point being approximately 1093 feet cast and approximately 130 !Leet north of the N corner of the SE� of the SL� of Section 17, 1'oan+.hip 16 Horthr Range 30 West, thence north 8° 41' west 183 fejbt to a 'polnu on the noutli right -of -way Line of U. S. Highway 62, said point being approximately Lair' feet east and approximately 31L feet north of the SW corner o; the SE;• oil the SSJ of said Section 17. The survey line is further identified as the centerline of the first eeWer line a3 constructed. Also, a temporary easement of 60 feet width for construction Purposes- property and easement are shovn on the attached plat. Planning Commiss April 11, 2( Agenda Iter 16-5354 Arena Villz MAR TIN - L U THER_ DING JR BL VD (60' A.5PHALT K/W VAKIE5) 5e 176.60' ARENA VILLAGE LLC Lr. 1129 MLK BLVD ARENA VILLAGE LLC DarcelJ:765 14459-000 1129 MLK BLVD. � 8995 90 SO- FEET R ` y S Parcel 9.•76514459-000 0.21 ACRES ± CC 41 1 9053.85 SO FEET �p IILDING HEIGHT 18'-00' 0 21 ACRES ± Q0 BUILDING HEIGHT 18'.00' 201,26' COhJC��- x x X X W Right of Wav Grant., iu favor of the City of Fayette-ue, filed October 10; 19_� i1:1 Cn Record Book- 856 at Page 94�, records of Wasbiagton County, i ansas 3 Q =. p v , 3 �``I°TE _A.FFFCTS; PLOD AS SHOT) <w 3 A LTA/AC5 M LAND TITLE 5 U RVEY f ___o..-.-_..__�..........._.. ��.....��. �». "`" __—_�_—•--- `---.... ._..._.f�ir4l'aIx tt .7tiFR AJcC JJI 6L4'A ..`_—...._. 4� r� - _ 7-7 Q m o m m� 9..arap• w..s..'.s>. m srcAJsopesr,>urte+ LA>L�TL1'IL' 1'.ApJ:ANSw[]IIOJ w :e.ti�.u�we .�..puspnc ARENA %ILLAGE� LLC i N N N _ a E — (6 i O = C U a Q Q c Q v c `n C co @ L? n 2 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS BATE: -- - / ( x UTILITY COMPANY: 1'+'��i`f:+ a 'l, I le, M ( 0,+' �7p APPLICANTNAME:?'I!).rc� L fl..e:-L•:.1f Al'pI,ICAN'1' PIiONE:/ / ` `� y 'S RI;QUESTfi� VACA'I'i�)N +tpp/Ferrol nnrstrllerir r�J rJxal n/rrrlyjt mjUtility I ascment ❑ 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 ofthe petition to vacate the following (alley, easement, right-of-way), described as follows: / p r General location/Address f Cl (ATTACH legal description Arid graphic representnlion of what is being vacated-SURVEI7 UTILITY COMPANY COMMENTS: Y No objections to the vacations) described above, and no comments. 11 No objections to the vacation(s) described above, provided following described easements are retained. (Slate the location, dimensions, and purpose below,) t I No objections provided the following conditions are file[• .yr r � A. .�--.-�`k-- .yi M tyi . 1JliI ty I-omptml' Itct reti it lki: c 't'illc 1 3 December2014 Page S Planning Commiss April 11, 2( Agenda Iter 16-5354 Arena Vik ---.-- -f IJTrUTV APPROVAL FORM FOR R GhT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DAT& UTILITY COMPANY: 1- A e L V., APPLICANT. TAME: REQUESTCD Vr\c'AT"it)N (r+l+pHi'rUr1 oN++alcherk I,llllrn/nl�lrl�)= Q/ Utility Easement tt Right-of-way For alley or streets and all utility easements located within the vacated right- of- way. D Alley l Street right-oi way 1 have been notilled of the petition to vacate the following (alley, sasement. right-of-way), described as rollows: GAVierAl location /Address "V"'e. (ATTAC11legal descrlpliwa aw1graphiceepresenlolloit ofavhal is heltrg vacoleil.Sf 11M) Uill..lrYCOMPANY COMME. rS; iao uf3j,tc;ion.: to the vasation(s) Jescribed utwve, and no uo mrnL-wm_ No ubjeciiuns to fhe vacation(s) rlcacr lhid above, provided 15611owieig described cascnlcytts orb aelaitaed, (Sl aletlle loc..l ion, dimensiuns, and purpose below.) L- No oblc'thoja I IDrovi(1M) lk; lulle.Uglly CUIIdI604!, APf. 1110 latily Cnnapany Rcpl'Csen(nlive / a Planning Commiss April 11, 2( Agenda Iter 16-5354 Arena Ville UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: J I / �( UTILITYCOMPANY:._ Lt-e k--',ATW- > R g f/1 r APPLICANT NAME:i'r v, .'-�. (APPL1CnNT P1iONE: REQUESTED Vrlt;ATION (aplifkaer reutsl check rr�►`Mar 01,14y): r M Utility Easement 11 Alght-of-wny for alley or streets and all utility easements located within the vacated right- of- way. 0 AHey ❑ Street right-of-way l have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location/Address l/; ,:` (AYTACH legal description ondgraphic representation of what is being vacated41IRVE1) UTILITY COMPANY COMMENTS: K 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.) 1 No objections provided the following conditions arc met: •Y I sipj; more 1pfulility I ijj��'.+ Title Deseniber 2014 Page S Planning Commiss April 11, 2( Agenda Iter 16-5354 Arena Ville UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: APPLICANTNAME: '��i /}, ff� F'I�. l- ,Vt�i.tC';1�I'PHONE•7Qrc% REQUESTED VACATft iN twplaice wl inust check elf rhrrt apptv): lt1✓ Utility Easement O Right-of-way for alley orstreets 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, eosenreni, r•igbi-of-way), described as follows: General location/Address f� FI (ATTACH legal description and graphic representation of wlrai is being vacated -SURVEY} UTILITY COMPANY COMMENTS: XNo objections to the vacation(s) described above, and no comments. D 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: Signature ill t' [lily C:r,tnhan; Representative Decrn,bcr 2014 Pogo S Planning Commiss April 11, 2( Agenda Iter 16-5354 Arena Ville .-._—.. ,. -r UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASED7ENT VACATIONS DATE: X UTILITYCOMPANY: SourceGas APYLICA[VTNAiv1E: ;` j1,'', ' I )'r 'r7t._ L 11��r1PI'IJCANTPRONE: _ _ s it 'wlj �C REQUESTED VACATI(1N (applivara mini check aI that apply): i' Utility Easement 0 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. 0 Alley 7 Street right of -way I have been notified of the petition to vacate the following (alley, easement, right -of wa y), described as follows: General location /Address ff (A7TACHlegal dese4lion and graphic representadan ofwhaf is being vacated -SURVEY) UTILITY COMPANY COMMENTS: '{ No objections to the vacation(s) described above, and no comments. ❑ No objections to the vaealion(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: J Signature of Utility CompanyR,ita'us,fa � r Title Owemhrr 20) 4 Page S Planning Cornrniss April 11, 2( Agenda iter 16-5354 Arena Ville UTILITY APPROVAL FORM FOR RIGHT -OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE:.. UTILITY COMPANY: (,� t✓/�' 1, APPLICANTNAME:�t)� pTL�• G APPLICANT PHONE: REQUESTED VACATION (applicant must check gl( that npply): K"' Utility Easement 0 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. 0 Alley I I Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, ri ht-rf svny), described as follows: General location / Addressi . tt1 (AT7ACN legal description n graphic representation of what Is being vacated-SURV,Ei) UTILITY COMPANY COMMENTS: U,'- No objections to the vocation(s) described above, and no comments. [ l No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) C No objections provided the following conditions are met: yr+tt ric of IJtilily Company i2etsrese��t slivc — Title December 2014 page s Planning Commiss April 11, 2C Agenda Iter 16-5354 Arena Villz UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY,�%C APPLICANTNAME. �]�v PN �,t C APPLICANT PHONE:�� REQUESTED VACATION (applicant must check all that apply): I�l-' 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,feasemeni, night -of -way), described as follows: General location /Address B lU�,( r- 'F) tl?� #-64 Ie�4 I3 (AYTACH legal descrlptlon and graphic representation of what is being vacated-SUR 1VE1) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: .�Q��1�_.�r L�t�af�trn v-� GX%�2 -far �1°�--�/�r n.•l- 11�_. f t.Aility Company Representatives Title — December 2014 Page 5 Planning Commiss April 11, 2C Agenda Iter 16-5354 Arena Ville UTILITY APPROVAL FORM FOR RIGHT- OF WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: �� V_ X UTILITY COMPANY- re r APPLICANil—m its: f i % f r � r�x]_- a�-.--��F-.��•.�! �,'-�C;,r�tt�t.lcaa� a�t• la>�Ozalw .�'•7 � � � 1t1;QLlk ST'EI3 VAC`rlTlt TJ i ( 'naacrl check! r arrt rr r�e �•�' r i yk Utility Easement O Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley Q Street right-of-way I have been notified of the petition to vacate the following (alley eoseinenl, right-of-way), described as follows: General location !Address >I/I81. ❑ (ATTACH legal description and graphic representation of what is being vacated-SURVEt) UTILITY COMPANY COMMENTS: tX 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: • •;suu,ibile pD 1::44 t'omp-my Representativc a— y:._�11C�-�Si?.� lag_�Engrg_p�siglz 1 I itic ' W,e ,t-q _>U1 J P=%e S Planning Commiss April 11, 2( Agenda Iter 16-5354 Arena Ville st, � II A s �614 w� r i11111 ■e 401 VAC 16-5354 Close up View PU6LIC 545 P•1 fNQjAW TRL R-0 RMF-24 VAC16-5354 - - -; Fayetteville City L Footprints 2614 ^^ ! Design Overlay Di ------ Planning Area its C-2 ARENA VILLAGE CARLSON SUBJECT PROPERTY L11HI50 KING BLVj) GJ �4 ROGWER ST a 75 15a 300 450 600 Feet RMF-40 cs Planning Comms April i i 16-5354 Arena Ville NoRTHWESTARKANsAs Democrat IF One& -_ .. Ir IVL.I F. AR, 7"..02 °.. 9'.._. .; Ui` o F,',;;k 419Ci9`.7 1,8 14'WW .,V.-1 G.C. _ AFFIDAVIT OF PUBLICATION I Karen Caler, 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 5872 Was inserted in the Regular Edition on: May 26, 2016 Publication Charges $ 78.00 Karen Caler Subscribed and sworn to before me This .31 day of Aa. 2016. &04, W�1, Notary Public My Commission Expires: Z17-0 (?--L+ CATHY WILES Arkansas - Benton County NotaryPu%lic Cornrn:T 12397118 Ply Commission Expires Feb 20, 2024 Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5872 File Number: 2016-0194 VAC 16-5354 (1137 W. MLK BLVD./ARENA VILLAGE): AN ORDINANCE TO APPROVE VAC 16- 5354 SUBMITTED BY STEVE FOWLER FOR PROPERTY LOCATED AT 1137 WEST MARTIN LUTHER KING BOULEVARD TO VACATE PORTIONS 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 portions of a utility easement 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 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. PASSED and APPROVED on 5/17/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73708701 May 26, 2016 RECEIVED JUN 01 2016 CITY CLERKS OFFICE