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Home My WebLink AboutORDINANCE 5890I I I I I I II IIIIII III I1I1I III II I � Ill I�IiI I If Il I Il1l IIIII 11IIf @ Illl Il 111 1IIII IIII IIII Doc ID: Oi7054340003 Type; R'EL Kind: ORDINANCE Recorded: 09/09/2016 at 09:24:54 AM Fee Amt: $25.00 Rare i of 3 Washington County, AR Kyle SV1Vester Cireult clerk F11e2016-00026326 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5890 File Number: 2016-0306 VAC 16-5440 (2514 N. NEW SCHOOL PLACE/THE NEW SCHOOL): AN ORDINANCE TO APPROVE VAC 16-5440 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2514 NORTH NEW SCHOOL PLACE 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. Section 3. This vacation approval is subject to the following conditions: 1. Any relocation or damage to utilities and the associated new easement dedication shall be at the owner/developer's expense. 2. After AEP/SWEPCO has located their underground utilities in the areas indicated, these areas shall be surveyed by the applicant. An easement shall be enlarged or provided by the applicant for any AEP/SWEPCO facilities that are not within the easements. Page 1 Printed on 716116 Ordinance: 5890 File Number: 2016-0306 PASSED and APPROVED on 7/5/2016 Attest: , 4 - " /' , � -. 4,- & Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 716116 EXHIBIT 'A' VAC 16-5440 THE NEW SCHOOL A& Close Up View NORTH RMF-21 LU 3 VILLAGE LAKE DR � yxj � � } a � C a a as MADRIO ST - J a .-VV11Qnjj-3d L7 Q W W t1C C7 ►'ri RSF-4 Legend M RMF-24 1-1 Heavy Commercial and Light Industrial Planning Area Feet Residential -Office - - C-1 L - Fayetteville City Limits M C-2 Hillside -Hilltop Overlay District 0 112.5 225 450 675 900 M Neighborhood Conservation - - Trail (Proposed) 1 inch = 300 feet Commercial, Industrial, Residential Building Footprint Washington County, AR I certify this instrument was filed on 09/09/2016 09:2 :54 AM and record e n Rea Estate File Numb Kyle Syl^ve by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0306 Agenda Date: 7/5/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 VAC 16-5440 (2514 N. NEW SCHOOL PLACE/THE NEW SCHOOL): AN ORDINANCE TO APPROVE VAC 16-5440 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2514 NORTH NEW SCHOOL PLACE 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. Section 3. This vacation approval is subject to the following conditions: 1. Any relocation or damage to utilities and the associated new easement dedication shall be at the owner/developer's expense. 2. After AEP/SWEPCO has located their underground utilities in the areas indicated, these areas shall be surveyed by the applicant. An easement shall be enlarged or provided by the applicant for any AEP/SWEPCO facilities that are not within the easements. City of Fayetteville, Arkansas Page 1 Printed on 7/6/2016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0306 Legistar File ID 7/5/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/17/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5440: Vacation (2514 N. NEW SCHOOL PLACE/THE NEW SCHOOL, 290): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at 2514 N. NEW SCHOOL PLACE. The properties are zoned R-O, RESIDENTIAL OFFICE and contain 19.49 acres. The request is to vacate portions of 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 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: V20140710 CITY OF Fay%i —Ile ARKANSAS MEETING OF JULY 5, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: June 17, 2016 SUBJECT: VAC 16-5440: Vacation (2514 N. NEW SCHOOL PLACE/THE NEW SCHOOL, 290): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at 2514 N. NEW SCHOOL PLACE. The properties are zoned R-O, RESIDENTIAL OFFICE and contain 19.49 acres. The request is to vacate portions of a utility easement. RECOMMENDATION: Planning Division staff and the Planning Commission recommend approval of VAC 16-5440 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. 2. After AEP/SWEPCO has located their underground utilities in the areas indicated, these areas shall be surveyed by the applicant. An easement shall be provided by the applicant for AEP/SWEPCO facilities that are not within easements. BACKGROUND: The subject property is the New School campus on the south side of Sunbridge Drive. The New School is a private school for preschool students through 7th grade that has been in operation since 1971 according to their website (www.thenewschool.org). The overall site contains approximately 19.23 acres and is zoned R-O, Residential Office and C-2, Thoroughfare Commercial. As depicted on the attached Exhibit 'A', the applicant proposes vacation of portions of various utility easements that traverse across the property to make room for planned expansions to the New School DISCUSSION: On June 13, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 7-0-0 as a consent agenda item. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Application • Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY FEE. $200.00 Date Application Submitted: Sign Fee: $5.00 Date Accepted as Complete: S-T-R: Project Number: PP#: Public Hearing Date: Zone: Please till out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application Indicate one contact person for this request: Applicant (person making request): Name: The New School (Dennis Chapman) Address: 2514 New School Place Fayetteville, AR 72703 Phone: ( 479 ) 521.7037 Email: dennis.chapman@thenewschool.org Fax:( ) Site Address / Location: 2514 New School Place Applicant Representative Representative (engineer, surveyor, realtor, etc.): Name:Jorgensen + Associates Address: 124 W Sunbridge Suite 5 Fayetteville, AR 72703 Phone:( ) Email: Fax: ( ) Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: R-O/C-2 Assessors Parcel Number(s) for subject property: 765-19424-000, 765-19423-000, 765-19423-001, 765-16026-000, 765-19419-000, 765-19471-000, 765-19416-000, 765-21473-000 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: The New School December 2014 Page 1 APPLICANT /REPRESENTATIVE: I certify under penalty of perury 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): Slake Jorgensen Date:4.11.16 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 Uwe have read this application and consent to its filing. f1f Efgned h E the authod ed a ettt a letter trom each gropern, owner nnrst he Provided irtrtr'c tttitr tlrttt the went is authorized to act on his/her breha jQ Owners (attach additional info if necessary): Name (printed): Dennis Chapman Signature: 1 `— gate.• `i ! t 3 l +Co Name (printed): Signature: Tate: Address:2514 New School Place Phone: (479 )521.7037 Address: Phone: ( Vacation Checklist: Attach the following 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-wav, alley, or easement to be vacated (this document is obtained (tuna a title company). (8) A copy orthe county parcel map prom the Washington County Assessor's office or from the Washington County website (s.�i i1�:vrr liirresc�n ar�tlg). The subject property and all adjacent parcels should be idea tiSed on this parcel map. The owner's name,oFlicial mailine address; and the parcel number for every adjacent property shall be shown on this map. v December 2014 Page 2 CITY OF i 7ay%4 e PLANNING COMMISSION MEMO RKANSAS TO: City of Fayetteville Planning Commission ,FROM: Andrew Garner, City Planning Director MEETING DATE: June 13, 2016 (Updated with Planning Commission results) SUBJECT:. VAC 16-5440: Vacation (2514 N. NEW SCHOOL PLACEITHE NEW SCHOOL, 290): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at 2514 N. NEW SCHOOL PLACE. The properties are zoned R-O, RESIDENTIAL OFFICE and contain 19.49 acres. The request is to vacate portions of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5440 with conditions of approval, BACKGROUND: The subject property is the New School campus on the south side of Sunbridge Drive, The New School is a private school for preschool students through 71h grade that has been in operation since 1971 according to their website (www.thenewschool.org). The overall site contains approximately 19.23 acres and is zoned R-O, Residential Office and C-2, Thoroughfare Commercial Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land_Use and Zoning Direction from Site � Land UseZon n[�_ _._ orth and West Office I—R:-:0:—ResidenbaI Office South bMixed commercial uses on Township Street C-2, Thoroughfare Commercial Undeveloped C-2, Thoroughfare I Commercial Proposal: The applicant proposes vacation of portions of various utility easements that traverse across the property to make room for planned expansions to the New School. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable utility companies, with the following responses: UtT lltty Cox Communications AEPISWEPCO Black Fulls Energy Response No objections No objections with conditions No objections fi�aifln hcldrss: Planning Commission 113 VV. Mountain Ste[ vr4v.;.fayeitevilic 3r.�}19w 13, 2016 ie -ayetteville, AR 72701 Agenda Item 2 16-5440 The New School Page 1 of 14 AT&T No objections Ozarks Electric No objections City of Fayetteville Response Water)Sewer No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5440 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. 2. After AEP/SWEPCO has located their underground utilities in the areas indicated, these areas shall be surveyed by the applicant. An easement shalt be provided by the applicant for AEP/SWEPCO facilities that are not within easements. I Planning Commission Action: O Approved x Forwarded Meeting Date: June 13, 2016 Motion: Autry Second: Hoskins Vote: 7-0-0 (on the consent agenda) Note: Recommend approval BUDGETiSTAFF IMPACT: None. Attachments: • Request Letter ■ Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map `1 Denied Planning Commission G 1E C, Developmenl Services Reviewt2016\Develogment RevieM16-c5410 VAC 2514 N New School PI June a I em 2 M)e New School) 2901,01 ManningCc3n inissi�ni06-t3 2Q1S;,C�rr,inei�fs and Redlines Agenda Item 2 16-5440 The New School Page 2 of 14 ;24etsue sure5 JORGENSEN Fayet[ev:de,AP72103 MAW+ASSOCIATES Office 4794429127 Fax 4795824807 April 14, 2016 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Attn: Planning Department Re: The New School VAC To Whom it May Concern: Please find the attached Vacation request for the New School. The main objective of this application is to vacate existing easements located on the New School's campus to make room for an anticipated expansion. An overview of this expansion has been included with this submittal. To the best of our knowledge, there are no known utilities lying within these easements. Any public utilities found within the site that are in conflict with the proposed development will be relocated and new easements will be dedicated. Please contact us with any questions or comments. We look forward to your assistance. Sincerely; aorgensen, P.E. Planning Commission June 13, 2016 Agenda Item 2 16-5440 The New School Page 3 of 14 PETITION TO VACATE EASEMENTS LOCATED IN THE CITY OF FAYETTEVILLE, AftKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the owners of the real estate found on the attached Easement Vacation Plat (Parcels 765-16026-000, 765-21473-000, 765-19416-000, 765-19417-000), we are requesting that the existing easements as called on the aforementioned plat, be abandoned and vacated; lying in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said Easements which are shown on the attached Easement Vacation Plat. The petitioners kindly ask that the City of Fayetteville, Arkansas, abandon and vacate the described real estate as called out on the Easement Vacation Plat, subject, however, to the existing utility easements as required, and that the described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further ask that the described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the described real estate, subject to said utility 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 alley. Dated this ')(�n day of /IAA , 12016 Dennis Chapman, President and Head of School Planning Commission June 13, 2016 Agenda Item 2 16-5440 The New School Page 4 of 14 UTILITY APPROVAL. FORM FOR RIGHT' - OF- IWAY, ALLEY, AND t.'TiLiTY F:ASDIEti 1' VACATIONS DA'il : 41- 17 -/;',' I IIt II! i'IAW1`.Y /t,-,"o ;4410`,&, WI'I.If°A 11AMF APPLIC:AN-'TPfl0Nj2E: REQUESTED VACATION (applieunt antsl check all Mat apply): , Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way :Alien Street right-of-way I have been notified of the petition to vacate the following (alley, eusetnem, right-qf-way). described as follows: General location 1 Address V (-1 fi'TACH legol description and graphic representrrlion of what is being vacated-.SL%%RVEI) is -I I LI`i' Y COM PA;4 Y Cow.-tENT-s: \cr objection, to the: vacmian(s) described above, and no comnteuts. No objections to the vaeationis; described above, provided fvltowing described casements are retained (State the location. dimensions. and purpose below,) ''"b No objections provided the following conditions are met r .r Si�.ttataueftfl tilit� C�h�nl�sn} ttcly:c+civati�< -F Title Planning Commission June 13, 2016 Agenda Item 2 16-5440 The New School Page 5 of 14 :Y + 5 � W 4R . .: .....r...�.r..a�.... «.. ..J. ... Off". �+ 9 Planning Commission June 13, 2016 Agenda Item 2 16-5440 The New School Page 6 of 14 DATE 04/i5/2C,16 ti-M.1TY CONT-AINY_ APPLICANT '4A'1•ffly_ UTILITY APPROVAL FORM FOR 1UGHT- OF- WAY, ALLEY, AND Ui1LI' y FA.SEM;EN' VACATIONS Black His <s Ener..a',Y FkPPI_.IC_A_VT PHONE: RE()CESTED VACATION (applicant must check Al that apply): 7. Utility F,asement Right-of-way for alley or streets and all utility easements located within the vacated right- of- may. Alley Street right-of-way l bave been notified of the petition to vacate the following (alley, easement, right-ofway), described a, follo+cs General location / Address New Scn oc; v- 14TTACH lekraT description and graphic reprerentativn of what is bring vacated .SURL'E7 UTILITY COMPANY C0'MMENM: No objections to the vacation(s) described above, and no comments. No objections to the vacations) described above, provided Following dewcribed easements are retained. (State. the location, dimensions, and purpose below) No objections provided the following conditions are mer. Signature of Citilit} Company R presantax vvei Title Deco. ber 2fil t aR Planning Commission June 13, 2016 Agenda Item 2 16-5440 The New School Page 7 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEN, AND UTILITY EASEMENT VACATIONS DATA;: �,+►G I UTILITYCOMPANY d l 7Y APPLICANT NAME: 944 APPI ICANT PHONE: "Z REQUESTED VACATION (applicant Hurst check all that appip- Utility Easen-tent Right-of-way for alley or streets and all Utility casements lacafeu withill the vacated right- ul= way. Alley Street right-of-way 1 have beet notified of the peti-ion to vacate the following (allev, ea,,emerat rt_ghl-cj-u-ao, described as follows: f enei-ul location s Address ? � NliV' Ste' is� E Sd faR/OGr Qom. (A TTACH legal description and graphic representation of what rr being vacates(-V RVEY) t'TlLl'FY COMPANY COMMENITS ,< No objections to the vacation(s) describedabove, and no comm..eats No oh_ieclions, to tiro vacaatictn(s) de>Crihcd :thole, provided folloccang described casernenls are retained. (State the location, dimensions, and M)MOse. beik)W ) �� No objections provided the following conditions are met �t��ri:acn of t'tility i'�3uFs Relaresentative r _ _J14S O •/WTJdI s` l��C� � F'iilc Planning Commission June 13. 2016 Agenda Item 2 16-5440 The New School Page 8 of 14 UTILITY APPROVAL FORM FOR RIGItT- OF- 1YAY, ALLEY, AND 1"TII,ITI FASENNIENT VA('ATIONS DA 1-1:. 05/02/2016 �l'PLIC'A 1" A�1I: APPLICA\1 I I'Iii)\tl R EO1_::S 1-1 1) VAC A I10.N (applicant must check all that applt°J- x kasement I�i�I�t-«i=tis�it liar allr� «r ztrc is an ! :Fll �i[il is� casema2ls i«c,atc l XkiEhin (tie � ucated 6�1ht- tit= :1ltc+ 5lyd�l Cisht-of-�tiak t hale bcen notifil"I o the petition uo --_irate the lullomnu faller-. easenirau_ ri ht-clj-}cur), described as IbllmV,: General location 'Address (ATTACH legal description and- raphic representatian of what is be ttg vacated -SURVEY) E l II_ITY CON COMM IS X Ace to the sae.ati«ttt>+ Icsc ribud atbo%Q- and rto iirrttrIIL:nLS, NO uhjCC-Liooto to the° kJCtjtidcscrihud at,ovc. piidcd folio%kinL klescrihed eascn3ents a:-C rel.linrd. I,Sttat=` €he locatin dimensions. ,old launc,lsc lino:,-1 \0 ohjCC60Ps j`)!MidCd the 10iloxv.11'�-W)diLi, trs afC lm:t 1 f ! 1 1 1� i I LT'\./ _g•.l�li., rq^ed bl':TO , i4:"i;.'., N4M1ETl- n-A-,,- _Lets;R 1-11'7,F�illEiFlNfi 1�• 20E4 CS p2 55 ?9.iJ � �0 Si=_nature (ll't'ti1it> ['bwIII hank Rep resCnttatire MGR 08P Ping & Engrg Design I;uC Decemb,r 3014 Alge C Planning Commission June 13, 2016 Agenda Item 2 16-5440 The New School Page 9 of 14 I UTUJTV APPROVAL FORM FOR RIGII 1'- OF- WAY, %%LEY : ND DATE-: 4/ 14l201(i ( III I I) COMPANti : Cox Communications AI'I'LIC N I <A%11:: Jorellselt & Associates _ PPLICAN 11'i lOtL: 479-442-9127 REED F.S I FD t :A(a 110\ topplit- u t nrusl check (1i1 dtrafrrpp(r): x t tilih Fasemena Ri lit-nl'-�ias For alley gar Arec[s wid all utilit) cawnictns locatcd within the sacawd right- al- s%a}. Mlle% Street ri hl-nl-��as hate hecn notified ol'the petition to vacate [he Iolfo"ia 01SCO10ul, ri 'hr-ui-trarl, €iestrihed a. follrn�, General 4walion T W(Ircrss 2514 New School Place 't (1l I F I( it ie,4ui (lowripfiurr oj'whu1 is hehig vucutrd-.SVIO A')) t 1I1,111 CONIIIA'O C()il\II:AIS: \o ohicilEUns to the 1aCatMini) (fc,crlhed aboNe. rind no of mncntti_ \t ohjeclik'115 [" the F-acatian(,) deacribcd abase, pro%ided IitilmN inu (lcseribed casement, ary retained (State Ilse ueaticu€. dint1:n1i0WS, and puilvNe belov%.I x \n obj"6kiu, Fro%idol [Ile c011lititut. are MCC Aliv darttair to or relocmion ot-existit7i" facilitites will be al the oW11ersl(lese1opt!!1ti exltvnsr. Sr^Ilaltiri �yf l snit} f lstrtlxut� i�clne,enla[�se Cotistructiitn aiid Ply iwitaag Malia fills Planning Commission June 13, 2016 Agenda Item 2 16-5440 The New School Page 10 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: �/-- l-5-- 1'r, �t //�� —7— UTILITY COMPANY: ZA OS (r l � l APPLICANT NAME: APPL[CANT PHONE; REQUESTED VACATION (applicant must check all that applj J: Utility Easement Right-of-way for alley or streets and all utility easements located whin the vacated right- of- ivay Alley Street right -of vvay I have been notified ofthe petition to vacate the follovving(alley, easement, right-qf-wav), described as follows. General location / Address (ATTACII legal description andgraphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS XNo objections io the vacation(s) described above, and no comments. No objections to die 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: P411 Signature ofUtility Company Y4resenlallve T3tIe Lkxcmher 20i4 h"Qc 3 Planning Commission June 13, 2016 Agenda Item 2 16-5440 The New School Page 11 of 14 MY w3lUAWABAO OAR ; -HUIlY'JUl VOWQ13d t 3 N r N SNP tj0r IUUHO8 Mam 3HA•—.— I I •' P ! �1 Plan�ing Commission -- - June 13, 2016 Agenda Item 2 16-5440 The New School Page 12 of 14 VAC16.5440 THE NEW SCHOOL Ak One Mile View ' NORTH 0 o ?2�i 045 0.9 Miles - -•tee t � - R-i? tQy ie n C-3 ',5*�' -: :31 4:,^.t•asi dj r;'S^�S 'L. 77 it-:► t Subject Praperry IRS -4 � GARRETr' a Ilk -_ r .RM N-2 Jos Legend -�� . - .. a , :, n p =l 6E 4l.q; SI .GIC.eALIIY F i FkA:; rat] •. �• � tO�+IC0.fVR4 4 �I PlannYng Area _ _1 Fayetteville City Lrmtls� Ar 1 n.>, _ r9nY ilAf[O Rh t F1t i} HIItSYde•1-111100OverrayQlsirlGi ... Snarea Use Pavea Trait +E 9¢EMr W. MpLRd�lVVP0.1r � r l a t Trait tPfoposefly i•___�QesgnOverlayDlstn�t • ;` PlannfngArea �w�'� 4VIyiPNW� o1nNrC®to44Gc nscrs raan�u ro n Building Footprint ,J Fayetteville Oily t:Yml[S--- r r^ .w . Planning Ga n,issia>1 June 3, 2016 Agenda Item 2 16-5440 The New School Page 13 of 14 VAC 16-5440 ("lose, UP 00W K`1F-24 Legend THE NEW SCHOOL w > C z Q C a v It 11V 0 z cc Ix UJ raj rna�r�lt; s r Subject Property CA SIINBRiL�-, Planning Area ee_ — . 4 Fayetteville City Limits Hillside -Hilltop Overlay District 0 112.5 225 450 675 Trail (Proposed) 1 inch = 300 feet Building Footprint NORTH RSr -4 RMF -24 1-1 Heavy Commercial and Laght industrial Res-denhal-Office ■ G1 C-2 goo NeiThe icCN Cwservatton Commercial, lndiastr�l Resideritial Planning Co mission 3, 2016 Agenda Item 2 16-5440 The New School Page 14 of 14 NoRTHWESTAmANsAs Democrat V azde 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. 5890 Was inserted in the Regular Edition on: July 14, 2016 Publication Charges $ 105.30 ea4k, ,J�& Cathy Wiles Subscribed and sworn to before me This ap day ofrJ 1, 2016. Notary Public 2�r NpTgRY My Commission Expires: �QIZt•{� _ pUBLIC #12401379N T " ti **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance:5890 File Number: 2016-0306 VAC 16-5440 (2514 N. NEW SCHOOL PLACE/THE NEW SCHOOL): AN ORDINANCE TO APPROVE VAC 16-5440 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2514 NORTH NEW SCHOOL PLACE 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. Section 3. This vacation approval is subject to the following conditions: 1. Any relocation or damage to utilities and the associated new easement dedication shall be at the owner/developer's expense. 2. After AEP/SWEPCO has located their underground utilities in the areas indicated, these areas shall be surveyed by the applicant. An easement shall be enlarged or provided by the applicant for any AEP/SWEPCO facilities that are not within the easements PASSED and APPROVED on 7/5/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73773774 July 14, 2016 RECEIVED JUL 2 7 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE