HomeMy WebLinkAboutORDINANCE 587204 f�YFif6..
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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
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A LTA/AC5 M LAND TITLE 5 U RVEY
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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
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.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:
•
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y:._�11C�-�Si?.� lag_�Engrg_p�siglz
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W,e ,t-q _>U1 J
P=%e S
Planning Commiss
April 11, 2(
Agenda Iter
16-5354 Arena Ville
st,
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A s �614 w� r i11111
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VAC 16-5354
Close up View
PU6LIC 545
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VAC16-5354
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Footprints 2614
^^ ! Design Overlay Di
------ Planning Area
its
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ARENA VILLAGE
CARLSON
SUBJECT PROPERTY
L11HI50 KING BLVj)
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a 75 15a 300 450 600
Feet
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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