Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutORDINANCE 5907113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5907 File Number: 2016-0392 VAC 16-5536 (S. END OF MARKS MILL LN./SUMMIT PLACE S/D): III III IIIIII I II I III NIII I I IIIII IIIII IIIII IIIII II IIIII Iill IIII Doc ID: 017122930005 Type: REL Kind: ORDINANCE Recorded: 10/24/2016 at 08:48:41 AM Fee Amt: $35.00 Pape 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk File2016-0003 12 Q V AN ORDINANCE TO APPROVE VAC 16-5536 SUBMITTED BY MIKE BAUMANN FOR PROPERTY LOCATED AT THE SOUTH END OF MARKS MILL LANE TO VACATE PORTIONS OF A UTILITY, DRAINAGE AND ACCESS 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, drainage and access 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, drainage and access 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. The vacation is limited to retain the east 38 feet of the west 46 feet of the easement area as utility easement for the existing sanitary sewer (as requested by the City Water/ Sewer Department). 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. Page 1 Printed on 9121116 Ordinance: 5907 File Number 2016-0392 PASSED and APPROVED on 9/20/2016 Attest: lAvL fig-; IIIIIIw., I. TRe. Y OF • 96 sir _ •tip i E ': FAYETTEVILLE; � • el I GTO 1411111111110 Page 2 Printed on 9121116 16-5536 EXHIBIT W 16-5536 EXHIBIT 'B' LEGAL DESCRIPTION: EASEMENT VACATION - SUMMIT PLACE SUBDIVISION - ROTH A PART OF THE FRACTIONAL EAST ONE-HALF (E-1/2) OF THE NORTHWEST QUARTER (NWl/4) OF SECTION 3 (THREE), TOWNSHIP 16 (SIXTEEN) NORTH, RANGE 30 (THIRTY) WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALSO BEING PART OF SUMMIT PLACE SUBDIVISION, AS FILED FOR RECORD IN PLAT BOOK 23A, BOOK 321 OF THE WASHINGTON COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHEAST CORNER OF THE FRACTIONAL EAST ONE-HALF (E-1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 3 (THREE); THENCE NO2'3738"E A DISTANCE OF 15.78 FEET; THENCE ALONG THE SOUTH LINE OF SAID SUMMIT PLACE SUBDIVISION, THE FOLLOWING THREE CALLS: N87'02'18"W A DISTANCE OF 726.14 FEET; THENCE S03'28'21"W A DISTANCE OF 9.31 FEET; THENCE N86031'39W A DISTANCE OF 433.84 FEET TO THE SOUTHWEST CORNER OF SAID SUMMIT PLACE SUBDIVISION AND THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID SUMMIT PLACE SUBDIVISION N01052'25"E A DISTANCE OF 395.18 FEET TO A POINT; THENCE S79'47'01"E A DISTANCE OF 10.11 FEETTO A POINT; THENCE ON A LINE WHICH IS TEN FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SUMMIT PLACE SUBDIVISION, S01052'25"W A DISTANCE OF 393.99 FEET TO THE SOUTH LINE OF SAID SUMMIT PLACE SUBDIVISION; THENCE ALONG SAID SOUTH LINE N86'31'39"W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES (3,946 SQUARE FEET) MORE OR LESS. LEGAL DESCRIPTION: EASEMENT VACATION - SUMMIT PLACE SUBDIVISION - HENSON A PART OF THE FRACTIONAL EAST ONE-HALF (El/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 3 (THREE), TOWNSHIP 16 (SIXTEEN) NORTH, RANGE 30 (THIRTY) WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALSO BEING PART OF SUMMIT PLACE SUBDIVISION, AS FILED FOR RECORD IN PLAT BOOK 23A, BOOK 321 OF THE WASHINGTON COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE FRACTIONAL EAST ONE-HALF (E-1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 3; THENCE NO2'37'38"E A DISTANCE OF 15.78 FEET; THENCE ALONG THE SOUTH LINE OF SAID SUMMIT PLACE SUBDIVISION, AS FILED FOR RECORD IN PLAT BOOK 24A, PAGE 321 OF THE WASHINGTON COUNTY RECORDS, THE FOLLOWING THREE CALLS: N87'02'18"W A DISTANCE OF 726.14 FEET; THENCE S03-2821"W A DISTANCE OF 9.31 FEET; THENCE N86°31'39"W A DISTANCE OF 433.84 FEETTO THE SOUTHWEST CORNER OF SAID SUMMIT PLACE SUBDIVISION; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID SUMMIT PLACE SUBDIVISION N01*52'25"E A DISTANCE OF 395.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE N01052'25"E A DISTANCE OF 168.72 FEET TO A POINT; THENCE N57037'56"E A DISTANCE OF 11.93 FEET TO A POINT; THENCE S59'30'40"E A DISTANCE OF 0.16 FEET TO A POINT; THENCE ON A LINE WHICH IS TEN FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SUMMIT PLACE SUBDIVISION, S01°52'25"W A DISTANCE OF 176.82 FEET TO A POINT; THENCE N79°47'01"W A DISTANCE OF 10.11 FEET TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES (1,729 SQUARE FEET) MORE OR LESS. Washington County, AR I certify this instrument was filed on 10/24/2016 08:48:41 AM and recorded in Real Estate File Number 2016 U.287 Kyle Sylvester ircuit I by `` City of Fayetteville, Arkansas 113 West Mountain Street r , Fayetteville, AR 72701 1—E��' t, (479) 575-8323 Text File — File Number: 2016-0392 Agenda Date: 9/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 5 VAC 16-5536 (S. END OF MARKS MILL LNJSUMMIT PLACE S/D): AN ORDINANCE TO APPROVE VAC 16-5536 SUBMITTED BY MIKE BAUMANN FOR PROPERTY LOCATED AT THE SOUTH END OF MARKS MILL LANE TO VACATE PORTIONS OF A UTILITY, DRAINAGE AND ACCESS 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, drainage and access 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, drainage and access 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. The vacation is limited to retain the east 38 feet of the west 46 feet of the easement area as utility easement for the existing sanitary sewer (as requested by the City Water/Sewer Department). 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 9/21/2016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0392 Legistar File ID 9/20/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/2/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5536: Vacation (S. END OF MARKS MILL LN./SUMMIT PLACE S/D, 329): Submitted by MIKE BAUMANN for properties located at the SOUTH END OF MARKS MILL LN. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.09 acres. The request is to vacate portions of a utility, drainage, and access easement. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Fund Project Title i Remaining Budget I V201,;0710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Ta%y -Ile ARKANSAS MEETING OF SEPTEMBER 20, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: September 2, 2016 SUBJECT: VAC 16-5536: Vacation (S. END OF MARKS MILL LN./SUMMIT PLACE S/D, 329): Submitted by MIKE BAUMANN for properties located at the SOUTH END OF MARKS MILL LN. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.09 acres. The request is to vacate portions of a utility, drainage, and access easement. RECOMMENDATION: City Planning Division staff and the Planning Commission recommend approval of VAC 16-5536 subject to the following conditions: Conditions of Approval: 1. The vacation is limited to retain the east 38 feet of the west 46 feet of the easement area as utility easement for the existing sanitary sewer (as requested by the City Water/Sewer Department). 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. BACKGROUND: The Summit Place Subdivision is located on the south side of Township Road approximately 400 feet east of College Avenue. The subject property is a utility/drainage/access easement in the rear yards of six lots in the southwest portion of the Summit Place Subdivision. Proposal: The applicant proposes vacation of a portion of the utility/drainage/access easement as depicted in Exhibit `A' and described in Exhibit 'B' to allow for required tree mitigation planting in these areas. DISCUSSION: On August 22, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0 as a consent agenda item. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report 16-5536 EXHIBIT 'A' R-O Legend Planning Area �- Feet Fayetteville City Limits 0 75 150 300 450 Trail (Proposed) Building Footprint 1 inch = 200 feet ItSF-4 RSF-4 Residential -Office C-2 600 — Neighborhood Conservation 16-5536 EXHIBIT 'B' LEGAL DESCRIPTION: EASEMENT VACATION -- SUMMIT PLACE SUBDIVISION - ROTH A PART OF THE FRACTIONAL EAST ONE-HALF (E-1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 3 (THREE), TOWNSHIP 16 (SIXTEEN) NORTH, RANGE 30 (THIRTY) WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALSO BEING PART OF SUMMIT PLACE SUBDIVISION, AS FILED FOR RECORD IN PLAT BOOK 23A, BOOK 321 OF THE WASHINGTON COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE FRACTIONAL EAST ONE-HALF (E-1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 3 (THREE); THENCE NO2°37'38"E A DISTANCE OF 15.78 FEET; THENCE ALONG THE SOUTH LINE OF SAID SUMMIT PLACE SUBDIVISION, THE FOLLOWING THREE CALLS: N87°02'18"W A DISTANCE OF 726.14 FEET; THENCE S03°28'21"W A DISTANCE OF 9.31 FEET, THENCE N86°31'39"W A DISTANCE OF 433.84 FEETTO THE SOUTHWEST CORNER OF SAID SUMMIT PLACE SUBDIVISION AND THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID SUMMIT PLACE SUBDIVISION N01'52'25"E A DISTANCE OF 395.18 FEET TO A POINT; THENCE S79047'01"E A DISTANCE OF 10.11 FEETTO A POINT, THENCE ON A LINE WHICH IS TEN FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SUMMIT PLACE SUBDIVISION, S01'52'25"W A DISTANCE OF 393.99 FEET TO THE SOUTH LINE OF SAID SUMMIT PLACE SUBDIVISION; THENCE ALONG SAID SOUTH LINE N86°31'39"W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES (3,946 SQUARE FEET) MORE OR LESS. LEGAL DESCRIPTION: EASEMENT VACATION - SUMMIT PLACE SUBDIVISION - HENSON A PART OF THE FRACTIONAL EAST ONE-HALF (E1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 3 (THREE), TOWNSHIP 16 (SIXTEEN) NORTH, RANGE 30 (THIRTY) WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALSO BEING PART OF SUMMIT PLACE SUBDIVISION, AS FILED FOR RECORD IN PLAT BOOK23A, BOOK321 OF THE WASHINGTON COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE FRACTIONAL EAST ONE-HALF (E-1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 3; THENCE NO2°37'38"E A DISTANCE OF 15.78 FEET; THENCE ALONG THE SOUTH LINE OF SAID SUMMIT PLACE SUBDIVISION, AS FILED FOR RECORD IN PLAT BOOK 24A, PAGE 321 OF THE WASHINGTON COUNTY RECORDS, THE FOLLOWING THREE CALLS: N87°02'18"W A DISTANCE OF 726.14 FEET; THENCE S03°28'21"W A DISTANCE OF 9.31 FEET; THENCE N86°31'39"W A DISTANCE OF 433.84 FEET TO THE SOUTHWEST CORNER OF SAID SUMMIT PLACE SUBDIVISION; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID SUMMIT PLACE SUBDIVISION N01*52'25"E A DISTANCE OF 395.18 FEETTO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE N01°52'25"E A DISTANCE OF 168.72 FEETTO A POINT; THENCE N57°37'56"E A DISTANCE OF 11.93 FEET TO A POINT; THENCE S59°30'40"E A DISTANCE OF 0.16 FEET TO A POINT; THENCE ON A LINE WHICH IS TEN FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SUMMIT PLACE SUBDIVISION, S01°52'25"W A DISTANCE OF 176.82 FEET TO A POINT; THENCE N79°47'01"W A DISTANCE OF 10.11 FEET TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES (1,729 SQUARE FEET) MORE OR LESS. CITY OF T<AYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY � - FEE: S200.00 Dante fipplfcatiorr S�rhntitted: Sign Fee. S5.00 Date Accepted as Complete-: _ 5_T_R_ Project ,,,Vumber: Public Hearina Date: otte: 1— Please fill out this form completely, supplying all necessary information and documentation to support yonrrequest. Yor uapplication will not be placed on the Planning Commission agenda until this infor naation is furnished. Application: Indicate one contact person for this request: Applicant (person making request).- Na me: o1rll1CjZ-. Applicant__-_ Representative !'w -Y Phone: t-n I'll i1: 1&t !►tib..1 +v,.AysmJ c i d .C�lll� Representative (engineer, ,sumeyor, realtor, etc.): Name: Address: Phone: ['tnai h Fax: ( — ) Fax: i 1 Site Address / Location: Legal description ofarta to be vacated (attaell separate sheet it"n�ssar� 1; L R, Assessors Parcel Number(s) for subject property: L FTNA.YCIAL I,'VTFRES'T.I' The following entitles and; or people ]lave financial istt�rrCst in this project. 1`� /•s/;(_�eVR�]ioo 4o L.LC_l�c4 �o l December 2014 Prise "Pi i(' "-Vrl REFRESJUNT-j V J'E I ;mmt-vura:c�� penall"- f-.r A!md -n mz�m Ti" 'iiFm A!--:d e6dcnc! herewith +11)mmliml ao2 i'l dOlt rcst Z, '�-' c � I my knnwi'''.Jg"� tc, �h Mild.. 01'111;'.` WOO.- '."n inC fO?'. Mlil!hl sct oijldlurw., x In1: Dazv PROPERTY 04 � EMS, 1, -ILTYOULVED 61-IN-T 1 �_'Od tlizni I kz- v's "ark --I %q)et IV -no's "Cau'll aildirilmid illjo 'y LU A 7 1) aT I Mr�: CITY OF 7ay7 --Ile 1r ARKANSAS 1�$ FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director August 22, 2016 (Updated with Planning Commission results) SUBJECT: VAC 16-5536: Vacation (S. END OF MARKS MILL LN./SUMMIT PLACE S/D, 329): Submitted by MIKE BAUMANN for properties located at the SOUTH END OF MARKS MILL LN. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.09 acres. The request is to vacate portions of a utility, drainage, and access easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5536 to City Council with a recommendation for approval with conditions. BACKGROUND: The Summit Place Subdivision is located on the south side of Township Road approximately 400 feet east of College Avenue. The subject property is a utility/drainage/access easement in the rear yards of six lots in the southwest portion of the Summit Place Subdivision. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Zonint4`and Land Use Direction Land Use Zoning North, South, East Single family lots (Summit Place) _ _ _ NC South Mountain Ranch Residential Subdivision RSF-4 East Forest Hills mixed commercial C-PZD (Forest Hills) West Mixed commercial along College Avenue RSF-4; C-2 Proposal: The applicant proposes vacation of a portion of the utility/drainage/access easement to allow for required tree mitigation planting in these areas. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Cox Communications Response No objections MailingAddress: issio6 August 22, 2016 113 W. Mountain Street www.fayetteville-,Xd19a Item 3 Fayetteville, AR 72701 16-5536 Summit Place SD Page 1 of 15 AEP/SWEPCO No objections Source Gas No objections AT&T No objections Ozarks Electric No objections SWEPCO No objections City of Fayetteville Response Solid Waste No objections Transportation No objections provided the east 38 feet of the west 46 feet of the easement area be retained (no vacated) as utility easement for the existing sanitary sewer Water/Sewer No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5536 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. The vacation is limited to retain the east 38 feet of the west 46 feet of the easement area as utility easement for the existing sanitary sewer (as requested by the City Water/Sewer Department). 2. Any relocation or damage to utilities and associated new easement dedication shall be at the ownerldeveloper's expense. Planning Commission Action: x Approved Meeting Date: August 22, 2016 Motion: Autry Second: Selby Vote: 8-0-0 BUDGET/STAFF IMPACT: None. I, ) Forwarded O Denied i Planning Commission August 22, 2016 G:1ETC%Development Services Reviewt20160evelopment Review116-5536 VAC S End of Marks Mill Ln (Summit Place SO) Agenda Item 3 329"03 Planning Commission'A8-22-2016`Comments and Redlines 16-5536 Summit Place SD Page 2 of 15 Attachments: • Request Letter • Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map Planning Commission August 22, 2016 G IETC`,Development Services Reviev✓120161Devetopment Review116-5536 VAC S End of Marks Mill Ln (Summit Place SD) Agenda Item 3 329=103 Planning Commission108.22-20161,Criments and Redlines 16-5536 Summit Place SD Page 3 of 15 Baumann & Crosno Construction PO BOX 4072 Fayetteville, AR 72702 Petition to Vacat,, and Ailey, June 20" 2016 On behalf of the property -turners of Surrmit PIAC e Ove "Ori-r-,Alsy request the vacation portion no less than the length of each lot and no less than 8' in width of the 46- utilip", easement along the Western Side of lots 148, 117, 146, 145, 144, 143, 142, and 141 The utifity, drainage easernent, and access easement on these lots wiOl bi- Litihzed to oian and refori—r -he lots t-f) rne-� the design criteria set forth in the Hillside Hilltop Oveday Distnct, �,rh?ch these lot,, fak in LiPon; review of locates tailed in during Nlay of 20, 16 and observed JLM,� nf 2016, thp of-0y utility present is the sewi?r fin We I �ormally re,itiest that a oor-ljoei of thc, P'JSPYT-Ient be Vacated Sod to 0';J�T" vNee ormore hardwood 'i ees, oer tht. Urban PorrpstPrs rc-qu-s! on o.- -� , I . ii�h of flit iffected lots Re>peckfuhy, Wee Bawnartn 4 79-1799-4b 06 Planning Commission August 22, 2016 Agenda Item 3 16-5536 Summit Place 8D Page 4 of 15 0 -.4 CS Vq 1 94,- if -It 5.1 trip ry W, , -r tg•commisSion plan August 22, 2616 Agenda Rern 3 16-5536 Summit Place {SD Page 5 of 15 UTILITYAPPROVAL FORM FOR RIG,14 f- OF-IWAY, ALLFY, AND UTHATYEASEMEN7 VACAT(ONS !C A A 7,3'," —ngi'�ffetisa, ;-OV i Z- t . I x Ajiy,!Jt.km& Lt, it, or relocaliwi ofl,Llf C%klinil 1'16 111 it:,, kill .is the <}wo r vi;17dcv�t I ewpise. 111a 11 n i lig Ian: ger Planning Commission August 22, 2016 Agenda Item 3 16-55U Summit Place SD Page 6 of 15 Planning Commission August 22, 2016 gA enda item 3 16-553umm'�aceSD Page 7 of 15 If.. any _AT4T facilities are darriaged or are required to be relocated will be the responsibility of the owner/ developer. JEFF HAMILTON-,,,,.,,W,.,,, MGR OOP Ping & Engrg Design Planning Commission August 22, 2Q16 Arip. r —a-"- -1 3 16-5536 Summil Place SID Page 8 of 15 -Staxont Tech III Planning Commis ion August 22, 2916 Agenda Itt 3 16-5536 Summit Place SD Page 9 of 15 Planning Commission August 22, 2016 Agenda Item 3 16-5536 Summit Place SD Page 10 of 15 Planning Commission August 22, 2016 Agenda Item 3 16-5536 SummitPTa—ce SD Planning Commission August 22, 2016 Agenda Item 3 16-5536 Summit Place SD Page 12 of 15 Planning Commission August 22, 2016 Agenda Item 3 16-5536 Summit -Place -SD Page 13 of 15 VAC 16-5536 SUMMIT PLACE SD One Mile View 10.1 F '.141 0 0,125 0.25 0 5 Miles z RPZ 1) 0 LU ix, h, 3 DRID ST GI V R-0 .......... Subject Property 411 Legend Planning Area Fayetteville City Limits ...... Shared Use Paved Trail el: Trail (Proposed) Building Footprint Plannog Area Fayetteville City Linxim El NORTH RSF-4 z" EXTP GTIDN RESIDENTIAL SINGLE-FAMILY =, COMMENCE VQR. RMOINIIAL MULTWAVOLY '2 ft.11,1ED ZONWO NSIRIITS 4- "MAL ; ND.� INSrITUTIONAL Planning Coi 61-1-t 22,2016 Agenda Item 3 16-5536 Summit Place SD Page 14 of 15 VAC 1 6-5535 close up view E111 SUMMIT PLACE SD �?1 Q Subject Property 1 PRivarF z2pn Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint NORTH rtsv-a RSF-a Feet ReSrdentia [-Office C-2 0 75 150 300 450 600 W Neighborhood Conservation 1 inch = 200 feet Planning Co mission August 2.2016 get a Item 3 16-5536 Summit Place SD Page 15 of 15 NORTHWEST ARKANSAS Democrat*,-, )AZette 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. 5907 Was inserted in the Regular Edition on: September 29, 2016 Publication Charges $ 107.90 UR, Ax.—I Cathy Wiles Subscribed and sworn to before me This day of Oa , 2016. AAWS I UP tart' P6111c %, ►1 1 1 fill/ My Commission Expires:°° GQ NOTARY ' 0 PUBLIC 12401379� **NOTE** Please do not pay from Affidavit. Invoice will be sent. REGFlV� E- 0 C T 10 2016 ICI Y'Y CLERK'S OFFICE Ordinance: 5907 File Number: 2016-0392 VAC 16-5536 (S. END OF MARKS MILL LN./SUMMIT PLACE S/D): AN ORDINANCE TO APPROVE VAC 16-5536 SUBMITTED BY MIKE BAUMANN FOR PROPERTY LOCATED AT THE SOUTH END OF MARKS MILL LANE TO VACATE PORTIONS OF A UTILITY, DRAINAGE AND ACCESS 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, drainage and access 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, drainage and access 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. The vacation is limited to retain the east 38 feet of the west 46 feet of the easement area as utility easement for the existing sanitary sewer (as requested by the City Water/ Sewer Department). 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED on 9/20/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73867251 Sept. 29, 2016