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HomeMy WebLinkAboutORDINANCE 5894113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5894 File Number: 2016-0346 Doc ID: 017054220004 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09:20:30 AM Fee Amt: $30.00 Pape 1 of 4 Washinpton County, AR Kyle Sylvester Circuit Clerk File2016-00026314 VAC 16-5494 (3641 W. WEDINGTON DR./OZARKS ELECTRIC CO-OP): AN ORDINANCE TO APPROVE VAC 16-5494 SUBMITTED BY CRAFTON-TULL ENGINEERS, INC. FOR PROPERTY LOCATED AT 3641 WEST WEDINGTON DRIVE 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: Any costs associated with relocation of or damage to utilities and the new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED on 8/2/2016 Page 1 Printed on 813116 Ordinance: 5894 File Number: 2016-0346 Approved: Attest: Sondra E. Smith, City Clerk Treasurer ��xr�4ari�rr� _� 50 FAYETTEVILLE;�U_ i TON �%% Page 2 Printed on 813116 16-5494 EXHIBIT 'A' VAC 16-5494 Close Up View Iao] Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint OZARKS ELEC CO-OP 0 m J U a O 0 NORTH N W CM W M a a ix a C-] T wEDlnrGrrti-________. MUM I Subject Property z J 0 z a J W m F- BLACK FOREST DR k-A Feet 0 75 150 300 450 600 1 inch = 200 feet RPZD R M Residential -Agricultural Residential -Office C-t Urban Thoroughfare Neighborhood Services Commercial, Industrial, Residential 16-5494 EXHIBIT 'B' DESCRIPTION EASEMENT VACATION AREA: PART OF LOT 2 LOT LINE ADJUSTMENT -COMBINATION PLAT OF PLAT RECORD 2007-12333, RECORDED IN PLAT RECORD BOOK 2007 AT PAGE 00029947, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT BRASS CAP MARKING THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, SAID POINT BEING ON THE NORTH LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT -COMBINATION PLAT OF PLAT RECORD 2007-12333; THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE COURSES: THENCE S87°24'03"E 346.74 FEET; THENCE NO2°48'56"E 9.17 FEET; THENCE S87'20'36"E 102.02 FEET; THENCE LEAVING SAID NORTH LINE S02°36'54"W 38.61 FEET TO THE EAST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 2002 AT PAGE 180083; THENCE ALONG SAID EAST LINE S02036'54"W 144.34 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S02`36'54"W 205.03 FEET TO THE SOUTH LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTH LINE THE FOLLOWING THREE COURSES: THENCE N87'23'54"W 88.03 FEET; THENCE S01039'46"W 15.84 FEET; THENCE N88*20'14"W 8.54 FEET TO THE EAST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 0023 AT PAGE 332; THENCE ALONG SAID EAST LINE S02°03'24"W 6.77 FEET; THENCE LEAVING SAID EAST LINE N87023'30"W 20.00 FEETTO THE WEST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 0023 AT PAGE 332; THENCE ALONG SAID WEST LINE N02003'24"E 42.75 FEET TO THE NORTH LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG THE NORTH LINE S87023'54"E 96.66 FEET TO THE WEST LINE OF A 20 FOOT UTILITY EASEMENTAS RECORDED IN PLAT RECORD BOOK 2002 AT PAGE 180083; THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE COURSES: THENCE N02036'54"E 122.60 FEET; THENCE N86'30'14"W 68.86 FEET; THENCE NO3°29'46"E 20.00 FEET; THENCE S86°30'14"E 68.55 FEET; THENCE NO2*36'54"E 62.43 FEET; THENCE LEAVING SAID WEST LINE S42°23'06"E 28.28 FEETTO THE POINT OF BEGINNING, CONTAINING 0.19 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 09/09/2016 09:20:30 AM and recorded in Real Estate File Number 201�6-Mg26314 Kyle Sylvester - OrcUl ICIrrk Y --' - City of Fayetteville, Arkansas 113 West Mountain Street f . Fayetteville, AR 72701 _- (479) 575-8323 i Text File -- File Number: 2016-0346 Agenda Date: 8/2/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 VAC 16-5494 (3641 W. WEDINGTON DRJOZARKS ELECTRIC CO-OP): AN ORDINANCE TO APPROVE VAC 16-5494 SUBMITTED BY CRAFTON-TULL ENGINEERS, INC. FOR PROPERTY LOCATED AT 3641 WEST WEDINGTON DRIVE 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: Any costs associated with relocation of or damage to utilities and the new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 8/3/2016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0346 Legistar File ID 8/2/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/15/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5494: Vacation (3641 W. WEDINGTON DR./OZARKS ELEC. CO-OP, 440): Submitted by CRAFTON-TULL ENGINEERS, INC. for property located at 3641 W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 10.90 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: Comments: Approval Date: CITY OF Fa yv4 eevie ARKANSA MEETING OF AUGUST 2, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: July 15, 2016 SUBJECT: VAC 16-5494: Vacation (3641 W. WEDINGTON DR./OZARKS ELEC. CO-OP, 440): Submitted by CRAFTON-TULL ENGINEERS, INC. for property located at 3641 W. WEDINGTON DR. The property is zoned R- A, RESIDENTIAL AGRICULTURAL and contains approximately 10.90 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Planning Division staff and the Planning Commission recommend approval of VAC 16-5494 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 contains several parcels totaling approximately 36 acres. The property is located at 3641 Wedington Drive. The Ozarks Electric office building and material storage area is located on the property. As depicted on the attached Exhibit 'A' and Exhibit 'B', the applicant proposes vacation of a portion of utility easement to allow for expansion of the Ozarks Electric building. DISCUSSION: On June 13, 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 agenda 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 16-5494 EXHIBIT W 16-5494 EXHIBIT 'B' DESCRIPTION EASEMENT VACATION AREA: PART OF LOT 2 LOT LINE ADJUSTMENT -COMBINATION PLAT OF PLAT RECORD 2007-12333, RECORDED IN PLAT RECORD BOOK 2007 AT PAGE 00029947, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, SAID POINT BEING ON THE NORTH LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT -COMBINATION PLAT OF PLAT RECORD 2007-12333; THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE COURSES: THENCE S87°24'03"E 346.74 FEET; THENCE NO2'48'56"E 9.17 FEET; THENCE S87°20'36"E 102.02 FEET; THENCE LEAVING SAID NORTH LINE S02°36'54"W 38.61 FEET TO THE EAST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 2002 AT PAGE 180083; THENCE ALONG SAID EAST LINE S02°36'54"W 144.34 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S02°36'54"W 205.03 FEET TO THE SOUTH LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTH LINE THE FOLLOWING THREE COURSES: THENCE N87°23'54"W 88.03 FEET; THENCE S01'39'46"W 15.84 FEET; THENCE N88°20'14"W 8.54 FEET TO THE EAST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 0023 AT PAGE 332; THENCE ALONG SAID EAST LINE S02°03'24"W 6.77 FEET; THENCE LEAVING SAID EAST LINE N87°23'30"W 20.00 FEET TO THE WEST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 0023 AT PAGE 332; THENCE ALONG SAID WEST LINE NO2°03'24"E 42.75 FEET TO THE NORTH LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG THE NORTH LINE S87°23'54"E 96.66 FEET TO THE WEST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 2002 AT PAGE 180083; THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE COURSES: THENCE NO2°36'54"E 122.60 FEET; THENCE N86°30'14"W 68.86 FEET; THENCE NO3*29'46"E 20.00 FEET; THENCE S86°30'14"E 68.55 FEET; THENCE NO2°36'54"E 62.43 FEET; THENCE LEAVING SAID WEST LINE S42°23'06"E 28.28 FEET TO THE POINT OF BEGINNING, CONTAINING 0.19 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. 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 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 (person making request): Name: OZARKS ELECTRIC COOP. Address: 3641 W. WEDINGTON DR. FAYETTEVILLE, AR 72704 Phone: ( 800) 521-6144 Email: Applicant VRepresentative Representative (engineer, surveyor, realtor, etc.): Name: TOM HENNELLY. P.E. Address: 901 N. 47TH ST. STE#200 ROGERS, AR 72756 Phone: ( 479) 878-2419 Email: THOMAS.HENNELLY@CRAFFONTULL.COM Fax:( ) Fax: Site Address / Location: 3641 W. WEDINGTON DR. FAYETTEVILLE, AR Legal description of area to be vacated (attach separate sheet if necessary): SEE ATTACHEIZ1=ESaPrI �?FaSS�EPTIS�N Current Zoning District: R-A & R-O Assessors Parcel Number(s) for subject property: 765-13729-0001 765-13744-000,765-16249-010, 765-16250-002 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: December 2014 Page t eiPPLIC,INTI REPRESENT: fTIVE: 1 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 hest crony 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 mi-lit not approve what 1 am applying for, or might set conditions on approval. Narne (prinw) TDJi iENNELLY, P.E. Date: �0 PROPERTY OWNER(S) IAL'TIIORIZED,JGE_VT: [hve certifyr ender penalty of perjury that 1 anvwe are the owner(s) of the property that is the subject of this application and that I/we have react this application and consent to its filing. f slarrrf h the rrrrtltari-rrf rrtear rr Itttca r^orrr cart: rn rer ntvtre+rrrrrrsrlr Provided irarficarirrn tlr(tt the anent is authori ed to act on his/her behalf) Owners (attach additional info ifnecessar_P): ;dame (prirntcd): Todd 17. Toi.msend Sit;natur f u�fl 11atP 6/17/16 Naive ( rintcd)- tC fi►" l $1 �t}attlr Date: 711 Address: PO Box 848 Fayetteville, AR 72702 Phone: ( 479) 684-4650 Address: Phone: ( ) Vacation Checklist: ,4ttach the fi)lkmlina ilenrs to r{ri.c application: (1) Payment in fall of applicable lee; for processing tine application: $200.00 application fee S5-00 public notification sign fee (2) N4etes and bounds legal description of the area to be vacated. not the entire property (this may be included ott 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 ofthe legal description in A,1S 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, Conunission and City COrmCil describing the scope, nature, and intent of the request. (7) Abstractor's C ertificatc of Ownership stating names of all owners of property adkjacent to the street right-of-%Vay, alley, or easement to he 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 (ww.�.co.washirr tc?_n.ar.u,). The subject property and all adjacent parcels should be identified on this parcel reap. The owner's name, official mailing address, and the parcel number for every adjacent property shall he shown on this snap. December 2074 s, CITY OF T *4 a, y Js I e ARKANSAS TO: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director July 11, 2016 Updated with Planning Commission results SUBJECT: VAC 16-5494: Vacation (3641 W. WEDINGTON DR./OZARKS ELEC. CO-OP, 440): Submitted by CRAFTON-TULL ENGINEERS, INC. for property located at 3641 W. WEDINGTON DR, The property is zoned R- A, RESIDENTIAL AGRICULTURAL and contains approximately 36 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5494 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject property contains several parcels containing totaling approximately 36 acres. The property is located at 3641 Wedington Drive. The Ozarks Electric office building and material storage area is located on the property. Surrounding land use and zoning is depicted in Table 1. Tabu 1 Surrounding Zoning and Land Use Direction Land Use Zoning A� North Slim Chicken's restaurant; undeveloped R-A; R-PZD (Links); C-1 South Mountain Ranch Residential Subdivision RSF-4 East Forest Mills mixed commercial-- C-PZD (Forest Hills) _ West First United Pentecostal Church; Undeveloped R-A; NS Proposal: The applicant proposes vacation of a portion of utility easement to allow for expansion of the Ozarks Electric building. 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 Planning ommission Mailing Address: July 11, 2016 11 W. Mountain '�(reej WWW ta4yetteviiAgdHA%m 2 F:]yf'tl 'J�ilfl. AR 1.7101 16-5494 Ozarks Elec. 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 16-5494 to the City Council with a recommendation for approval subject to 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: O Approved Meeting Date: July 11, 2016 Motion: Belden Second: Autry Vote: 9-0-0 Note: Recommend approval BUDGET/STAFF IMPACT: None Atta chill e nts : • Request Letter • Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map x Forwarded 11 Denied Planning Commission C :;ETCifJevelopment Services Rev evv=20161Develapment i?eviex116-5494 VAC 3641 W .VedrngtoiE Or July 11, 2016 Agenda Item 2 t0zarks Elec Co-op) 4401,03 Planning Commission:07-11-20161Comrnents and Redlines 16-5494 Ozarks Elec. Page 2 of 14 Craftan Tull arr,-i!arture I er3i ;� rim 4ufmj n4 June IT 2016 Planning Division City of Fayetteville 125 W. Mountain Street_ Fayetteville. AR 72701 Re: Ozarks Electric Easement Vacation Regtk4st Fayetteville, AR CTA Job No. 16105600 This is the letter for the formal Easement Vacation Requests for the proposed Ozarks Electric Coop. addition. The project is located at 3641 W. Wedington Drive. A vacation of an existing 20' utility easement is requested for this project. The proposed additions will be located on top of the location of an existing waterline and utility easement. We will be relocating the waterline to allow for the construction of the addition. The new alignment will allow more than adequate distance from the proposed building additions. Please see the attached legal descriptions and exhibits for details. Should you have any questions or require any additional information_ please feel free to contact Lis at Your convenience. Sincerely, Crafton Tull Moulic", Low, FA, Project Engineer 2016 rgen kern 2 16-5494 Ozarks Elec. Page 3 of 14 PETITION FOR EAS-NIENT VAC,ATlON PETITION TO VACATE AN EASEMENT LOCATED IN LOT 2 of 7-16-30 FAYETT'EVILLE OQTLOT5, OF F►3;YETTEVILLE, ARKANSAS TOThe Fayetteville City Planning; Curnmission and The Fayo tevil.e City Council We, the undersigned, tieing ali the owners ;of the real estate abutting the easennent hereinafter sought to be abandoned and via-ated lying in Lot 2 of 7.16-,30 Fayetteville i u€lots, Cite of Fa+y&tevilie, Arkansas, a municipa[ corporation,, petition to vacate an easement which -5 o2srrioed as follows_ DesctLat g[ Easement Vacation Area P L?T 3=' LOT 2 LOT L€NE AD LISTh'}ENT-CCt1flINAT ION "LAT Of P, AT RECORD 20O7-22333, RE(�,OROED 1N PL13T RECORD BOOK 2007 AT PAGE 00029947. CITY Of ?-AYFTTVVIILE, LOJASHINC,I OIL] COUNTY, AIWANSAS, MORE PAR? ICULARLY OESCRIMU AS I-01 UDWS: COfvlMENCING AT A BRASS CAP MARKING THE WEST QU4RTER CORNER OF SECTION 7, TOWNSHIP 16 NORTH, P,A- NGE 30 WEST, SAID PDN i BEIf-iC, ON T FIE NORTI k LINE OF IOT 'z OF SAID LOT LINE AMUSTMENT COIF"Bli`:A710N, AT OF Pi AT 3LC17Ki3 20071-123;. 7H fICL A€_C:ti ; A1I, V 3i--F UNIF, l HE FOLLOWING THREE COURSES: THENCE 587'24'03" F 346 74 FEFT- THLNCz NO2'48'56"E 9 11 'LET, r`14NCF 587'23'36'{ 102 02 FEET. TF;z:NCF LEAVi N G SARD NORTH L Nz S02-36'54'VI 38.61 F,- T TO ME F.ASI 1-411E (1F A20 1`00l UTILITY E45L.PO NT A5 RECORDED N PLAT Ri+CORD OOK 20Q AT PAGE 180U83, THENCE AI i_sN G _,AR) FAST € MF' 02`3G'' 4"W 144 3•a FEET TO THE POINT :Dr B£GINNIIN63; THENCE CCPII JNU{1`16 ALUN6 Sie€O EAa i LINE S(112'36-c,VW 21, s 03 F€FT „O THE °SCIA)TH LINE OF SAILi M FC307 L171 LIT`( _AS£ V ENT. >_,N E ALONG SAID SOIM LIV € E T'ir F€":l.'.c;u�,`'?'JL THREE CO IRS "r i ES TMNCE ?4?7"?3'54-',(J 88.11,33 .="EI-T, €SI N E S-01'39AC,"W t >. ;a t __ , i HII-NCE Nl88"2C3'ld" e`i .$4 -:E I 'Cl "iE _n1S LIB-1z Of A F,0, 1 UT 1,i7Y fASFe?,1FNT AS REC RIDE, IN P_AT FPr 7RIl BOOK 0023 Al PAGA, 332. '!=FvCE >~+LCTCiG SAlts` :°ASI iNt �(•?"0' ?;="`I'J ci sr' CfE-. ! NC:E LEAVING -Sx0 kr >. -P�t ids � �3`3�"�� 2?3 €is T 1 -€ eI :'.'T-ST I ltif OF A ?L t"OOi ; tT L€Tr ELlvfEn" ?ECU--RDIFD IN PLs-17 FiI PAGE 3�'JU2. il ` � �)W-- S"I` 1 F� A rril2`a,3'Z.S"E ,.12 ; - Ff. �T T,`y C i`lt1I�T{; L,rJ f t r L SAID 2_ FOOT -i"T "CY 'ESrji€v .'..L=i tay H NORTH Li=`:E rib; '3'5-1'F =9,6 fit)=FFT''i) F", 'AFeS€ °INF 0I A 40 tii € , -ILAT itfi:_7lii) BOOK 20G2 AT PAGE. 18€)cis3, _ �it,NCF <AUGING SA;0 'A Sl' UzJ I lH, ,=C?:_LC.I.h ltd+, Fi` E Ctl3t?yl S MENC-E NU3-29 46-- 201(10 rt.ET. THENCE S86¢3{a`z 1' E ki3.S3 T14INCF NO2°36'Sa"u 62 41 FEET; Planning Commission July 11, 2016 Agenda Item 2 16-5494 Ozarks Elec Page 4 of 14 THENCE LEAVING SAID',VF57 i N F S 203 60 lk ZS FEET F ,.- PI) INT O� BEt,;iNVING, CC)NTAINJl Ir' 1!9 A€:RED POORCE OR LESS A NOISUBjEU TO Ati. EASE MEN rS AN C MGM! S OF MY OF WORD OR FACT That the abutting real esote afQcte'ds by said aban:idoninent tot the easer rent is,,-,), 2 of 7 1 1.-�30 l'y'3ltc', Itl€ fjuLjQtS, 'y tr)t Fayette+l;l{t_ L!sed by the pubic for a pe od Glf manyo years, and that the o"Jb is interest and +Aleifare would not be adversely affected by the abandonment of ttte port;on of the above described easement. The peNioners pray t"t the QW Of Fayetteville, .Arkansas, abandon and vIle tfy move desertbed real estate, subject, how^ver, to€he exist Ifig utility, easements: and s ew �r edsern'n s as required, anc that the above oescr�bed real =estEale be- Dui ed fOr thel r esPective beneAt and pa_ipose as now approved by law_ I ne pef-Aionir;' irti ar' gran that The above described i2a elate be vested i;1 the ab;atzing property owners as krov'ced by law, WHEREFORE, th- tinder,iRmA petM,ners rt=si3rctfuoy Pray that the governing body of.the Qt'd of Fayetteville, .Arkanstas, aWn&n and =vacate the above de xvr bed real estate, subject to saia c;t lit .zr!Ct sewer easements, and goat t t,e €o sair reai estate soughr ro be=43andonr=d be vested jr: tho aborti, property oironer . as prav)de(, t3y Iasv, cl )d as to th;ar Prarticiriar land At owners be hee h am the easements at the Win tad the use of said Am, x Oate? t=,is ,r'. day rri .f• ___-yam---4'---•--�-i�L�_. --- Palled 6+%tlar l"' ��,, L ,%.ter �xF•.t.r-` Printen Namc- - - . 217I6 Planning Commission July 11, 2W6 Agenda Item 2 16-5494 Ozarks Elec. Page 5 of 14 S87' 24' 8RAS5 CAP W 1/4 CORNER 7-16-30 EXHIBIT 346, 74' :S87' 2O' 36 E 102.02' N2' 48' WE 9.17' PARCEL 765-13729--000 OZARK ELECTRIC COOPERATIVE CORP OR 653-81 LOT 2 PR 2007-29947 slfs' 30' i4 N86' 30' 14"W 68.86' S87' 23' 54"E 96 66' N2' 03' 24'E 42.75' �f S 52' 36' 54'W 38.61' r� I w w � r # Q P p .- S42' 23' WE 28.28' Y [4 {fi n 4 P O 6 U'I N87' 23' 54'W 88.03' — S1' 39' 46-W 15.84' 20' UTILITY EASEMENT` ,t N88' 20' 14'W 8 54' PR 0023-3321�� S2' 03' 24"W 6.77' N87' 23' 30"W 2000' NOTE: THIS EASEMENT VACATION EXHIBIT IS A GRAPHICAL REPRESENTATION OF THE EASEMENT VACATION DESCRIPTION, AND DOES NOT CONST[TUTE A BOUNDARY SURVEY. 06/14/2016 [ 1 OF 1 EASEMENT AREA TO BE VACATED Grafton Tull Planning Cohim] sign Jul .11 016 Agenda Item 2 16-5494 Ozarks Elec. Page 6 of 14 UTILITY APPROVAL FORM FOR RIGIIT-OF- WAY, ALLEY,Ai\D UTILITY EASEStENT VACATIONS DATE_ 06122/2016 UTILITY COMPANY: Gdx �QI7il11tll)iCd(�tit�5 APPLICANT NAME. CRAFTON TULI. APPLICANT PHONE: 479-878-2487 REQUESTED VACATION (applicant must check all that app4): Y 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 die petition to vacate the following (alley, casement. right -of -iv"), described as follows: Genera[ for ation I Address 3641 W , WE€ INGTON DR. FAYETTEVILLE AR 0 (It TTA CH legal description a d graphic representation of what is being vacated -SURVEY} 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 casements arc rciained_ (Stale the location, dimensions, and purpose below.) X No objections provided the following conditions are dnei: :ittl 11oma.ge ltr or rVIt1CMits11111titlr llg iati iVlll be itt tlt.c 11%Vvi-si,ieveiti leis er: %MNA: 5igr1a'tureof ldity Crimpany Represemativc Cmv,truction E'iannin �t lt�.t�sr __, Tali DW,fflbe 2014 'Rage S Planning Commission July 11, 2016 Agenda Item 2 16-5494 Ozarks Elec Page 7 of 14 UTILITY 41PPROVAL FOILM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE_ 06/221201 r3 UTILITYCOMPANY: AEPISWEPCO APPLIC.aNTPALv1E: F?1�F_C)N ,? IJLL APPLICANT PHONE: 479-878-248 UQUESTED VACATION (applicant must check all that apply): VUtility Easement Right-of-way for alley or streets and all Utility casements located within the vacated right- of- way Alley Street right -of --way I have been notified of the petition to vacate the £alloying (alley, ere.5ement, right-nf-tray), described as follows: General location )Address 3641 VV VIEDIA1CSTt:.iN U -, 1=fti' `f E'i Tf VII I-E AB t= (ATTACH legal description and graphic represe»rafion of what is being vacated -SURVEY) UTlLITYCOMPANY COO—N1ENTh5: X No objections to the vacation(s) described above, and no comments No objections to the vacation(s) described above, provided fallowing described easements are retained, fState the location, dimensions, and purpose below ) No objections provided the following conditions are met; 4igrt:it;ire of l.ttrLtty Company kepresentative Tide prcem&r :W J Page s Planning Commission July 11, 2016 Agenda Item 2 16-5494 Ozarks Elec Page 8 of 14 UTHATY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 06122 2016 UTILITY COMPANY., SOURCE GAS APPLICANT NAME: CRAFTON TULL APPLICANT PHONE; 479-878-2487 ,R-EQUESTED VACATION (applicant mast check all that apptyl: / V Uti I ity Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way_ Alley sneer ngat-or-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Geoeralloca#loa/Addrrss 3641 W. WEDINGT DR. FAYETTEVILLE Ali 11 (ATTACH legal descript#vm Wd 9raphic represenratloa of what it bring vacated -SURVEY) UTILITY COMPANY COMMENTS: X No objections to the vacations) described above, and no comments_ No objections to the vacation(s) described above, provided following described easements arc tcuincd. (State the location, dimensions, and purpose below,) No objections provided the following conditions are met Signattuc of ljjity om ny itepresrntative / Title Drecrabs Jtrll Pop S J Planning Commission July 11, 2016 Agenda Item 2 16-5494 Ozarks Elec. Page 9 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 06i 22/201 6 UTILITY COMPANY: AT&T APPLICANTNAME: C.RAFTON TULL APPLICANTPHONE: 479-878-2487 REQUESTED VACATION (applicant must check all that apply): VUtility Easement Rigbt-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, right-of-way), described as follows: General location I Address 3641 W. WEDINGTON DR. FAYETTEVILLE. AR ❑ (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments_ m No objections to the vacation(s) described above, provided following desenbed easements are retained. (State the location, dimensions, and purpose below.) X No ob"rcttons provided the following conditions are met' If an A&T facilities are damaged or re dire relocation wili be the responsibility_ of the owner/ developer. JEFF HAMILTC)N r�ANH eNL!idFiUNG v ".I <n.<t 3' -.i• F' +-I„ Signature of Utility Company Representative MGR ©SP Ping & Engrg Design Title December 2014 Page 5 Planning Commission July 11, 2016 Agenda Item 2 16-5494 Ozarks Elec Page 10 of 14 UTH TiY APPROVAL, FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS CRATE, 06122/2016 UTILITY COMPANY. OZARKS ELECTRIC APPLICANT NAME: CRAFTON TULL APPLICANT PHONE: 479-878-2487 REQUESTED VACATION (cpplirant must chtck all drat apply): y Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Allay Street right-of-way I have been notified of the petition to vacate the following (alley. casement right -of --Key), described as follows: Generallocation lAddreu 3641 W. WEQINQT,Q{! ❑R. FAYE € TEVfLLF_ 6R �T 0 (ATTACH legal descripWan al graphic representation of what is being wester(-SVRYEY) UTILITY COMPANY COMMENTS: xNo objections 10 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: / ' € r%% e - Signavure of Utifity Company 44rccssntutive Title r DeernDa 2014 Putt 3 Planning Commission July 11, 2016 Agenda Item 2 16-5494 Ozarks Elec.. Page 11 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE OW22 2fl16 UTILITYCOMPANY. FAYETTEVILLE WATER & SEWER APPLICANT NAME: C RAFTON TULL APPLICANT PHONE: 479-878-2 87 I-EQUESTED VACATION (appAmnl must check all that apply): V 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 (01/0' easement, right-of-way), described as follows: General location/ Address 364' b%t•'AEDIN ;TON DR FAYETTEVILLE AR ❑ ('4 rr ICH legal description and graphic rrpresenta[ian of what is bring vacated-SURYEV) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no commews. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) _ No objections provided tnt following conditions are met: �> r signatttle of Utility CornpanARepresentative Title Decrmber 2014 Page S Planning Commission July 11, 2016 Agenda Item 2 16-5494 Ozarks Elec. Page 12 of 14 sslon 2016 Agenda Item 2 16-5494 Ozarks Elec. Page 13 of 14 VAC 16-5494 OZARKS ELEC CO-OP One Mile view NORTH 0 0 125 025 0 5 Miles 41 r C, z CIS r...... ubaect Property I FfIIr1 ? �r •r 1iP!.t} IZ ►! it-?� ' •"••- � IVltl ................ lX!llr.... t.. .. .. •.. r .... ...Ir. A... ,..r Legend T rrd-r.OVAlnl. N,nu r"r;. r^ L Planning Area I L , , Fayetteville City 1. mils Q Iplr#Ox 5f 41 i1.sir :r: ...... Shared Use Paved Trail >wa-.• Y - to irrM Trail (Proposed.) L..r: Design overlay District nAM. (0Lar, tir 4=51rrrc rM1 P;anri ng area a„ Building Footprint rrnv� ltl Ai sm VnpvA ti. FayeyteviW Ciyy b is Planning Co mission 11, 2016 Agenda Item 2 16-5494 Ozarks Elec- Page 14 of 14 NORTHWESTAmANsAs Demomt V(I�axde ATEVII.L.F, A PAX: '0.VA i„ -ON' 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 Was inserted in the Regular Edition on: August 11, 2016 Publication Charges $ 96.20 ,vVvJ Cathy Wil Subscribed and sworn to before me ,.This /R day of- Q( - , 2016. ary Public My Commission Expires: *NOTE* Please1�/za;2?tiao. Please do not pay from Affidavit! r 2 'r 11`4 co� *, � Invoice will be sent. ' `11111110% Ordinance: 5894 File Number: 2016-0346 VAC 16-5494 (3641 W. WEDINGTON DR./OZARKS ELECTRIC CO-OP): AN ORDINANCE TO APPROVE VAC 16-5494 SUBMITTED BY CRAFTON- TULL ENGINEERS, INC. FOR PROPERTY LOCATED AT 3641 WEST WEDINGTON DRIVE 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 Section 3. This vacation approval is subject to the following condition: Any costs associated with relocation of or damage to utilities and the new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED on 8/2/2016 Ordinance: 5894 File Number: 2016-0346 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73806653 August 11, 2016