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HomeMy WebLinkAboutORDINANCE 5899113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5899 File Number: 2016-0376 ll�flltiN4ll�l�fIIIIIIIIf�Iftillltil�flVIIIIIIl�1��Illllllll�1f�111I1I1��1111�11MM1 Doc ID. """040004 Type: REL Kind: ORDINANCE Reccrded: 1Q/2412016 at 08:53:49 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle $Vlvester Circuit (j��Clerk ��}}([]] File2O16-00031298 VAC 16-5519 (INTERSECTION OF MCMILLAN DR. & WEDINGTON DR./FITNESS ONE GYM): AN ORDINANCE TO APPROVE VAC 16-5519 SUBMITTED BY MILHOLLAND AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE INTERSECTION OF MCMILLAN DRIVE AND 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: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Page 1 Printed on 917116 Ordinance: 5899 File Number: 2016-0376 PASSED and APPROVED on 9/6/2016 Approved: Lioncld ,lor , Wayor Attest: Lana _ _zt2a Sondra E. Smith. City Clerk �jAffhlfg • • CITY0; sue•,. _ ; FAY�T-rEVlLLje • '►i'' T' �1116 j Page 2 Printed on 917116 16-5519 EXHIBIT 'A' VAC 16-5519 FITNESS ONE Close Up View Proposed Easement Vacation MCMILLAN DR P-1. Legend Planning Area ' Fayetteville City Limits Trail (Proposed) I _ Design Overlay District Building Footprint C2 ¢ 'a z Subject Property Feet 0 75 150 300 450 1 inch = 200 feet RSF4 NORTH RS F-4 RMF-24 Residential -Office C-2 600 Urban Thoroughfare P-1 16-5519 EXHIBIT 'A' 5 FOOT EASEMENT VACATION DESCRIPTION: A part of Lots No. 3 & 5, Mc Millan Estates, Fayetteville, Washington County, Arkansas, more particularly described as commencing at the Southeast Corner of said Lot 5, and continuing thence along the common boundary of said Lots 3 & 5, N34013'31 "W 15.00 feet to the Point of Beginning of a 5 foot Easement Vacation; Thence parallel with the Northwestern ROW of W. McMillan Drive, S55046'29"W 180.00 feet, to the Southwest Corner of said 5 foot easement vacation; Thence N34° 13'31 "W 5.00 feet, to the Northwest corner of said 5 foot easement vacation; Thence parallel with said Northwestern ROW of said Mc Millan Drive. N55046'29"E 226.58 feet, to the Northeast corner of said 5 foot easement vacation; Thence S34° 13'31 "E 5.00 feet to the Southeast corner of said 5 foot easement vacation; and thence parallel with said Northwestern ROW of Mc Millan Drive, S55°46'29"W 46.58 feet to the Point of Beginning, containing, 1132.7 square feet, more or less. Washington County, AR I certify this instrument was filed on 10/24/201 B 08:53A9 AM and recorded in al Estate Fine Number 016-0 1 Kyle Sylvest t l rk by .. - . City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 { !' Text File File Number: 2016-0376 Agenda Date: 9/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 1 VAC 16-5519 (INTERSECTION OF MCMILLAN DR. & WEDINGTON DR./FITNESS ONE GYM): AN ORDINANCE TO APPROVE VAC 16-5519 SUBMITTED BY MILHOLLAND AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE INTERSECTION OF MCMILLAN DRIVE AND 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: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 91712016 File Number 2016-0377 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 2 Punted on 9M2016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0376 Legistar File ID 9/6/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/19/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5519: Vacation (INTERSECTION OF MCMILLAN DR. & WEDINGTON DR./FITNESS ONE GYM, 441): Submitted by MILHOLLAND & ASSOCIATES, INC. for property located at the INTERSECTION OF MCMILLAN DR. & WEDINGTON DR. The property is zoned UT -URBAN THOROUGHFARE and contains approximately 4.76 acres. The request is to vacate a portion of a utility easement Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF I1*1 AS MEETING OF SEPTEMBER 6, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: August 19, 2016 SUBJECT: VAC 16-5519: Vacation (INTERSECTION OF MCMILLAN DR. & WEDINGTON DR./FITNESS ONE GYM, 441): Submitted by MILHOLLAND & ASSOCIATES, INC. for property located at the INTERSECTION OF MCMILLAN DR. & WEDINGTON DR. The property is zoned UT -URBAN THOROUGHFARE and contains approximately 4.76 acres. The request is to vacate a portion of a utility easement RECOMMENDATION: Planning Division staff and the Planning Commission recommend approval of VAC 16-5519 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 4.76 acres that are located at the southeast corner of Wedington and Marinoni Drives. The property is currently undeveloped above grade, but has street and sewer/water infrastructure. The proposed Fitness One structure is proposed for the southwestern portion of the subject property, and will encroach on the existing easement as currently proposed. It is a requirement of the property's UT, Urban Thoroughfare zoning district that the proposed building be located no further than a 25 foot build -to -zone, which is unfeasible given the existing utility easement. Proposal: The applicant proposes vacation of a portion of utility easement to allow for construction of the proposed Fitness One structure closer to the street right-of-way in compliance with the requirements of the UT, Urban Thoroughfare zoning district. DISCUSSION: On August 8, 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. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report 16-5519 EXHIBIT 'A' VAC 16-5519 Close Up View Proposed Easement Vacation MGMILIAN DR Legend Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District Building Footprint a S u FITNESS ONE LU C_2 z LU Subject Property R'LO;-4 Feet 0 75 150 300 450 600 1 inch = 200 feet 1 1 R-0 v N W cr a_ RMFr-24. R S F-4 RM F-24 Residential -Office C-2 Urban Thoroughfare P-1 16-5519 EXHIBIT'A' 5 FOOT EASEMENT VACATION DESCRIPTION: A part of Lots No. 3 & 5, Me Millan Estates, Fayetteville, Washington County, Arkansas, more particularly described as commencing at the Southeast Corner of said Lot 5, and continuing thence along the common boundary of said Lots 3 & 5, N34013'31 "W 15.00 feet to the Point of Beginning of a 5 foot Easement Vacation; Thence parallel with the Northwestern ROW of W. McMillan Drive, S55046'29"W 180.00 feet, to the Southwest Corner of said 5 foot easement vacation; Thence N34013'31 "W 5.00 feet, to the Northwest corner of said 5 foot easement vacation; Thence parallel with said Northwestern ROW of said Mc Millan Drive. N55046'29"E 226.58 feet, to the Northeast corner of said 5 foot easement vacation; Thence S34° 13'31 "E 5.00 feet to the Southeast corner of said 5 foot easement vacation; and thence parallel with said Northwestern ROW of Mc Millan Drive, S55°46'29"W 46.58 feet to the Point of Beginning, containing, 1132.7 square feet, more or less. 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: X Applicant Representative Applicant (person making request): Name: WCG Wedington, LLC c/o Michael Wenzler Address: P.O. Box 271068 Ft. Collins, CO 80527 Phone: (Cell ) 970-599-1511 Email: michaelwQwoodcapitalgroup.com Representative (engineer, surveyor, realtor, etc,): Name: Milholland Enqineers $ Surveyors Address: 205 W. Center St. Fayetteville AR 72701 Phone:( 479 ) 443-4724 Email: milholand@aol.com Fax: ( ) Fax: (479 ) 443-4707 Site Address / Location: W_ McMillian Dr, Fayetteville, AR 72701 Legal description of area to be vacated (attach separate sheet if necessary): SEE ATTACHED DESCRIPTION Current Zoning District: UT Assessors Parcel Number(s) for subject property: 765-22526-000 / 765-22528-000 / 765-22530-000 FINANCLIL INTERESTS The following entities and / or people have financial interest in this project: Cross Church, Inc Fitness One December 2014 Page I APPLICANT /REPRESENTATIVE: T 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 ( rintedl): Michael Wenzler Date: _ ox 27 068, t. Collins, ' a 5 7, Phone: IJ7 - 99- 511 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 Sling. ilf.+ienrd bt'the attrharizrd agent it letter kon+ ea 111ro1rcrrt r++✓r+rr r+rrret lrr riraald+d irrdicatr"_n the agent is authorized to act an his/her behalf.) Owners (attach additional info if necessary): Name (printed): Cross Church, Inc Address: 1709 Johnson Rd. Springdale AR 72762 Date: 7`s- io l (a Phone:( 479 ) 751-4523 Name (printed):'] G14 Address: Si • lure: Date: 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-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.ca.waslsin�ton sr ns). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. December 2014 Page 2 CITY OF Fay%Z • le ARKANSAS TO: FROM: IihI=1*11Ili;[ON J_`1114 PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Jonathan Curth, Senior Planner August 8, 2016 Updated with Planning Commission Results SUBJECT: VAC 16-5519: Vacation (MARINONI DR. & WEDINGTON DR./FITNESS ONE, 441): Submitted by MILHOLLAND & ASSOCIATES, INC. for property located at MARINONI & WEDINGTON DRIVES. The property is zoned UT, URBAN THOROUGHFARE and contains approximately 6.42 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5519 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject property contains several parcels totaling approximately 4.76 acres. The property is located at the southeast corner of Wedington and Marinoni Drives. The property is currently undeveloped above grade, but has street and sewer/water infrastructure. The proposed Fitness One structure is proposed for the southwestern portion of the subject property, and will encroach on the existing easement as currently proposed. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Zoning and Land Use Direction Land Use Zoning North Undeveloped P-1, Institutional South Undeveloped UT, Urban Thoroughfare East Undeveloped R-O, Residential Office West Undeveloped P-1, Institutional Proposal: The applicant proposes vacation of a portion of utility easement to allow for construction of the proposed Fitness One structure closer to the street right-of-way in compliance with the requirements of the UT, Urban Thoroughfare zoning district. 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 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AEP/SWEPCO No objections Source Gas No objections 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 16-5519 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 M Forwarded Meeting Date: August 8, 2016 Motion: Hoffman To Forward with a recommendation of approval Second: Autry Vote: 8-0-0 .______.... . BUDGET/STAFF IMPACT: None. Attachments: ■ Request Letter ■ Petition to Vacate ■ Utility Approvals ■ Easement Vacation Exhibit ■ One Mile Map ■ Close Up Map O Denied GAETC\Development Services Review\2016\Development Review\16-5519 VAC McMillan & Wedington (Fitness One) 441\ 03 Planning Commission\08-22-2016 WMILIJ comp (frtgineerinq &Surueyincct Melvin L. Milholland, PE, PLS Fayetteville City Council, & Fayetteville Planning Commission ATTN: Jonathan Curth, City Planner 125 West Mountain Street Fayetteville, Arkansas 72701 479-575-8267 PROJECT: FITNESS ONE - LSIP REGISTRATIONS: ARKANSAS: PE, PLS July 11, 2016 MCO Project No. E-906 City Project #: LSIP 16-5475 SUBJECT: APPLICATION FOR 5' EASEMENT VACATION, McMillan Estates MATTER: LETTER DESCRIBING THE SCOPE, NATURE & INTENT, of request. DEVELOPER/OWNER: FITNESS ONE/ CROSS CHURCH Jonathan: The objective of this proposed 5' Easement Vacate is to remove and replat a part of a platted 20' easement, that is not required by any of the public service companies to provide services to McMillan Estates. Said Estates was Plats as a C-2 Zoned property, and was later re -zoned as UT. The vacated 5' will be replatted as land use outside of the Easement boundary, and will permit the proposed Fitness One structure to be constructed closer to the Street Right -of -Way. The intent by the developer is to design the Fitness One structure into this additional 5' for a "more effective and comprehensive use" of the entire Land Area of Lots 3 and 5, in accordance with the present Zoning UT. Respectfully Submitted, Melvin L. Milholland, P.E., P.L.S. Milholland Engineers & Surveyors 205 Wet Center St. Fayetteville, AR 72701 479-443-4724 Cc: file, Brent Allred, Zachary Wood, MCO Staff 205 West Center Street; Fayetteville, Arkansas 72701-5905; Phone: (479) 443-4724; Fax: (479) 443.4707; www.MCOenguom; E-mail: MCOeng Pswbell.net PETITION TO VACATE A(N) T of a 20' Utility Easement LOCATED IN Lots 3 & 5, of the MC Millian Estates Subdivision, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 3 &5 of McMillian Estates Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a(n) 5' of a 20' Utility Easement which is described as follows: SEE ATTACHED DESCRIPTION: That the abutting real estate affected by said abandonment of the 5' of a 20' Utility Easement are Lots 3 & 5 of McMillian Estates Subdivision, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easement as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said \casement, 5 �ttiL _ , 2016 Dated this day of Printed Name Name —/-7- uI6 Jordan Signature Z O p IL CO 0 Z O I— Q H Z 0 U i: c c o6 .o +� a� 4 -. 0 O cnN O O O C �U0>a�� -u? `'_ .L(D p 0 U U)J .LO L o 0 o �.., c cn = ,2 ca �--� a) c,00nc�-� 0 �� jai m �W�n �. a) �-� o 0 cu -0 O U p L- to 4-0 c O ►� i O O U F (0 O i O z• O Lo L U) U•� Q" . O� 4- C 'S 0 0 U o n a)E CD O O 'c Z 0 co 0 n c� U O .p tf O M co a) CD� m U) O Z � U')(� O� � O a)N �-' ?� p w O O� �? tf O O U N 0 0 0 _O C) Z O ?_ � }; O C)1, C) 7C) CV Co �� 2 L p��_O COO W LO C+r'�O M 0��� �Y) O CO oZj U 0- 4 N CO r M Lr-- Co U N N M U > M 0 0 I. > w o "t CO > 'L- CL O OCq M Z NZ M U) .� O E co = c o C a)C o M C N 2 J N r M O L LO Lo U M O L ch (U N� -c Lo U O-a CD U)�- U 0 n p ZY) U) > F— a)F— Z > -t C J o O_ M Fu Q Q cn Z UTILITY APPROVAL FORM FOR RIGHT- OIL- WAY, ALLEY, AND UTILITY EASELIENT VACATIONS DA'l E: 6/29/2016 UTILITY COMPANY: Cox Cable APPLICANT NAME: WCG Wedington, LLC APPLICANT P1i0-NE: 970-599-1511 a M c ae FWenz I er REQUESTED VACATION (applicant uttist check all that apply): X Utility Easement Right-of-way for alley or stretts rind all utility casements located within tht vacated right- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, ri,,hr-q --w av), described as follows: General location l Address W_ McMillan Dr. Fayetteville, AR 72701 IX (,iT7,-I Cil legtil ilt�,ceripriatt aitil graphic repr,,seakiriati of what is hehrg vacated-SURVE )) UTILITY COMPANY CONE'V1ENTS: No objections to the vatcation(s) described above, and no comments. No objections to the vacation(s) described above, ptavided fallowing described casements are retained. (State the location, dimensions, and purpose below,) X No objections provided the following conditions are met_ Ati X disn)a a to or relocation cif our existing facilities will beat the oxviiers/develo ers expense. of Utility Company Representative _Planning & Construction Manager -fill e UTILITY APPROVAL FORM FOIL R1CI1T- OF- WAY, ALLEY, AND UTILITY IiASI::V-IEN'i' VAC':>,'hIOtiS DATE: k-30- /'r U 11LI11' C'0�4PANY: AEP / SWEPCO APPLICANT NAME: WCG Wedin ton_LLCAPPLICANT PHONE: 970-599-1511 c/o Michael Wenzler R VQU BSTED VACATION (upplicant must check rill thur applvl: x Utility 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 [lie petition to vacate the following (rdlc_t••. errsemenr, rinJu-r3f-un}=), described as follows: Cencral location / Address W. McMillian Dr. Fayetteville, AR, 72701 Ix (ATTACH legal desc)-ipolnn arulgruplric reprrsent(iriou ajnvltal is heing vuculed-SURl•F}J UTILITY CON1PANY COMMENTS: KNo objeeuons to the vacation(s) described above, and no comments. No objections to the vacation(s) described alxrve, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following condition, are met: -'r Signature of Utj ty Company Representative �+•%1lnS�T/o �xv�E2 Title UTnJTY APPROVAL FORM FOR RIGHT -OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6 --13 - 16 UTILITY COMPANY: Source Gas APPLICANT NAME: —MtCc.G Wedin ton LLC APPLICANT PHONE: 970-599-1511 c/o Michael Wenzler REQUESTED VACATION (applicant mustchec*allthatgpply)- X Utility Easement Right -or -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 following (allc v. ea.remem. right-nf-ivav), described as Follows: General location / Address W Me,Millian Dr Fayetteville AR 72701 _ tX (ATTACH legal description and graphic representation of what is heing vacated -SURVEY) UTILITY COMPANY COMMENTS: X 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: 4 . Signal of Utility Company ftepresc:ttt tuc Title UTIiM AIQ'RROVAL FORM FOR RIGHT -OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: .tune 8, 2016 UTILITY COMPANY: AT&T APPLICANT NAME: WCG Wedin ton, LLC _ APPLICANT PHONE: 970-599-1511 c/olUlic ae enzer - � REQUESTED VACATION (applicant must check all that apply): x Utility Easement Right -of --way for alley or shreets 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 following (alley, easement, ,fight -of -luny), described as follows: General location / Address W. McMillan Dr. Fayetteville, AR 72701 Ix (ATTACH legal description and graphic representation of what is being vacared.SURVEY) UTILITY COMPANY COMMENTS: x 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: J E F F H A M I LTO N Di :--- sl0ned ME rrr —ATAON DN: cn=JEFf 1tRNf1l [Oi4o*ATA'E, Du•C©NSFPU471U+N ENGINEERING,email=jh5430€aatLwm, c IJS Date: 2016.06.0813:32:58 -05'00' Signature of Utility Company Representative MGR OSP Ping & Engrg Design 'Title UTQ.ITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: — / rf UTILITY COMPANY: Ozarks Electric Corporation APPLICANT NAME: WCG Wedington, LLC APPLICANT PHONE: 970-599-1511 do Michael Wenzler REQUESTED VACATION (appUeatrt trrtrst check awl thsa apply): X Utility Easement Right -or -way for alley or streets and all utility casements located within the vacated right- of- way Alley Street right-of-way I have been nonifted of the petition to vacate the following (alley, easement. right-of-way), described as follows General location / Address W. McMillian Dr., Fayetteville, AR 72701 lX (A77ACH legal description g►Ld graphic reprasemadon of what it belong vacated -SURVEY) UTILITY COMPANY COMMENTS: XNo objections to the vacatlon(s) described above, and no comments No objections to flit vacation(s) described above, provided following described easements are retained. (Stale the location, dimensions, and purpose below.) No objections provided the following conditions are met: W Sigrmture of Utility Casa presantetivc .� UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: June 8, 2016 UTILITY COMPANY: City of Fayetteville, Water & Sewer APPLICANT NAME: WCG Wedington, LLC APPLICANT PHONE: 970-599-1511 c/o Michael Wenzler REQUESTED VACATION (applicant must check SM that apply): x Utility Easement D Right-of-way for alley or streets and all utility easements located within the vacated right- of way. n Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location/Address W. McMillian Dr., Fayetteville, AR 72701 Ix (ATTACH ftal description grgd grgphic representation of what is being vocared-SURVEY) 1 UTILITY COMPANY COMMENTS: I I No objections to the vacation(s) described above, and no comments. tK No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) i No objections provided the following conditions are met: Signature o Utility conlf; �y Represemolive kv � Y ef' 7"7lj.N'.5 C-14N4 CEA— Title g 1 VAC 16-5519 FITNESS ONE A& One Mile View NORTH ' 0 0 125 4.25 0.5 Miles r 0 4r RNIF-6 ,a a TELLU E Df�x me RNIF-12 C-2 Subject Property r ' Proposed Easement V' — —� R-c Vacation , o¢ x D ri LINCg4- �� ROCKFORDrr bR 4 00 W' a RSF4 !a l.... . ........>,. I• 7 I YL 0- GO clr -------- 2-1l E%FW1GTIpN Legend FIESIMHTIlL&MGLLFAMILY S. e €OMIAVRCIAL Planning Area Fayetteville City Limits fORN RAS€00140116TS L _ _ l ® { �6—= ...... Shared Use Paved Trail Real NFOLMul PAIAILY lim+r<�rx ••nnre.e *.»,rc r..r s.x, '�c�r..•u.-..a Ii1Fii Trail {Proposed} wur+x �+rfmvoa....rn 1 Design Overlay District -- - ---- ;a rw«recxo+nwmass7xcTa Planning r .v u .•� Building Footprint Fayetteville City Llmils IlaouaTrslnL .•4 L4'41 Alrs IrreTIrlmLeML. •. VAC 16-5519 Close Up View Proposed Easement Vacation MCMILLAN DR Legend Planning Area t � Fayetteville City Limits Trail (Proposed) _ Design Overlay District Building Footprint FITNESS ONE � N W a W > C-2 a LL w [Subject Property W E102F Feet 0 75 150 300 450 600 1 inch = 200 feet NORTH R S F-4 RM F-24 Residential -Office C-2 Urban Thoroughfare P-1 NoRTHWESTARKANsAs Democrat vaazette �... ,vx 0 1 l`i.R, -2 . 4)-I 00 -A'X 4- i8 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 r,irculation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: - CITY OF FAYETTEVILLE Ordinance: 5899 Was inserted in the Regular Edition on: September 15, 2016 Publication Charge: $ 92.30 Karen Caler Subscribed and sworn to before me phis �� day of S(*. , 2016. No ary Public My Commission Expires: CT...AUBLICy . o� `.�12401379 **NOTE**ior20°� �.. .cease do not pay from AffidyN Invoice will be sent. RECEI\40 SEP 28 2M CITY CLERKS OFFICE Ordinance: 5899 File Number: 2016-0376 VAC 16-5519 (INTERSECTION OF MCMILLAN DR. & WEDINGTON DR./FITNESS ONE GYM): AN ORDINANCE TO APPROVE VAC 16-5519 SUBMITTED BY MILHOLLAND AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE INTERSECTION OF MCMILLAN DRIVE AND 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: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED on 9/6/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73847106 Sept l5, 2016