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HomeMy WebLinkAboutORDINANCE 5935I 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5935 File Number: 2016-0525 VAC 16-5582 (41 E. NORTH ST./ANDONA PROPERTIES): 1111111 i i i ii 11111 11111 11111 11111 11111 11111 i iii ilii 11111 ii 11111 ilii ilii Doc ID: 017257480004 Type: REL Kind: ORDINANCE Recorded: 01/23/2017 at 08:57:01 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle SVlvesteer Circuit Clerk % File20 i 1 —000020 / 0 AN ORDINANCE TO APPROVE VAC 16-5582 SUBMITTED BY ANDREA FOURNET TO VACATE THE UNBUILT PIKE STREET RIGHT-OF-WAY BETWEEN HIGHLAND AND POLLARD AVENUE. 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 unbuilt street right-of-way 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 the unbuilt Pike street right-of-way between Highland and Pollard Avenues 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 associated new easement dedication shall be at the owner/developer's expense. Page 1 Printed on 12121116 Ordinance: 5935 File Number., 2016-0525 2. A minimum general utility easement of 20 feet wide, centered on the existing 6 inch water main, and a minimum of 25 feet wide centered on the existing 12 inch sewer main shall replace the street right-of- way. 3. A 30 foot wide drainage easement shall replace the street right-of-way located south of North Street; connecting Pollard Avenue and Highland Avenue. PASSED and APPROVED on 12/20/2016 Attest: Sondra E. Smith, City Clerk TreasuVWIIIIf rIIII fi GITYQ••�t15r�r ` AYErrEVII_f Ems, iII •.�•"y'`,� �\ frI ►Q N �C,(' i r Page 2 Printed on 12121116 VAC 16-5582 A N D p N A PROPERTIES 16-5582 Close Up view EXHIBIT 'A' PIKE ST 00 v LU J CLEBURN ST Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint RSF-4 PRIVATE 12Q6 P-1 LU 0 Z g 2 C9 2 Subject Property Feet 0 75 150 300 450 1 inch = 200 feet C-1 DOE R -O BAXTER LN CLEBURN ST NORTH RSF-4 Residential -Office C-1 C-2 Downtown General P-1 16-5582 EXHIBIT 'B' ARFAT-0 BE YACAY"ABA900NED ALL THAT PORTION OF PIKE STREET LYING SOUTH OF BLOCK NUMBERED EIGHT(S)AND NORTH OF BLOCK NUMBERED NINE (9) AND EXTENDING FROM THE EAST RIGHT-OF-WAY UNE OF HIGHLAND AVENUE. TO THE WEST RIGHT-OF-WAY LINE OF POLLARD AVENUE, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST OORNER OF SAID BLOCK EIGHT (8), SAID POINT BEING A SET 1,12° IRAN REBAR; THENCE S89" 54'38'E 360.06 FEET TO A SET 1/2' IRON REBAR AT THE SOUTHEAST CORNIER OF SAID BLOCK EIGHT (8); THENCE SOO ° 08'41'W 60.00 FEET ALONG THE WEST RIGHT-OF-WAY LIME OF POLLARD AVENUE TO A SET 1/7" IRON REBAR AT THE NORTHEAST CORNER OF SAID BLOCK NONE (9); THENCE LEAVING SAID DIGHT -OF -WAY LINE, N$9*54'38'W 380.08 FEET TO A SET 1,/2" IRON REBAR AT THE NORTHWEST CORDER OF SAID BLOCK NINE (9); THENCE NW*0947"E 60.00 FEEL ALONG THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE TO THE POJNT OF BEGINNING, Washington County, AR I certify this instrument was filed on 01/23/2017 08:57:01 AM and recorded in Real Estate File Number 2017,-00 0207Q Kyle Sylvester- irc - erlc by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 - (479) 575-8323 I ;lily Text File File Number: 2016-0525 Agenda Date: 12/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 3 VAC 16-5582 (41 E. NORTH ST./ANDONA PROPERTIES): AN ORDINANCE TO APPROVE VAC 16-5582 SUBMITTED BY ANDREA FOURNET TO VACATE THE UNBUILT PIKE STREET RIGHT-OF-WAY BETWEEN HIGHLAND AND POLLARD AVENUE (LEFT ON FIRST READING) WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described unbuilt street right-of-way 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 the unbuilt Pike street right-of-way between Highland and Pollard Avenues 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 associated new easement dedication shall be at the owner/developer's expense. 2. A minimum general utility easement of 20 feet wide, centered on the existing 6 inch water main, and a minimum of 25 feet wide centered on the existing 12 inch sewer main shall replace the street right-of-way. 3. A 30 foot wide drainage easement shall replace the street right-of-way located south of North Street; connecting Pollard Avenue and Highland Avenue. City of Fayetteville, Arkansas Page 1 Printed on 1212112016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0525 Legistar File ID 12/6/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/18/2016 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5582: Vacation (41 E. NORTH ST./ANDONA PROPERTIES, 445): Submitted by ANDREA FOURNET for property located at 41 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.74 acres. The request is to vacate a portion of a street right-of-way. Account Number Project Number Budgeted Item? NA Budget Impact: 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: Fund Project Title Approval Date: V20140710 CITY OF • le ARKANSAS MEETING OF DECEMBER 6, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner DATE: November 18, 2016 SUBJECT: VAC 16-5582: Vacation (41 E. NORTH STJANDONA PROPERTIES, 445): Submitted by ANDREA FOURNET for property located at 41 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.74 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: City Planning Division staff and the Planning Commission recommend approval of VAC 16-5582 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. 2. A minimum general utility easement of 20 feet wide, centered on the existing 6 -inch water main, and a minimum of 25 feet wide centered on the existing 12 -inch sewer main shall replace the right-of-way. 3. A 30 foot wide drainage easement shall replace the right-of-way over the southern portion of the property between Pollard Avenue and Highland Avenue BACKGROUND: The subject property is an unbuilt street right-of-way located south of North Street; connecting Pollard Avenue and Highland Avenue. The right-of-way was platted with the original subdivision and never constructed, likely due to steep topography on the eastern end. The right-of-way contains a natural drainage which catches stormwater from portions of Pollard Avenue and properties to the east. Proposal: The applicant proposes vacation of unbuilt street right-of-way as depicted in Exhibit 'A' and described in Exhibit 'B' . DISCUSSION: Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 On November 14, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 5-3-0 with Commissioners Brown, Quinlan, and Hoffman voting 'no'. The dissenting votes followed conversation about future planning for College Avenue, block length and pedestrian connectivity in the neighborhood, and the dollar value of the property being `given away' by the City. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A • Exhibit B ■ Application ■ Planning Commission Staff Report VAC 16-5582 ANDONA PROPERTIES 16-5582 EXHIBIT W Close up view nR/VATE 12Uy C-2 Subject Property PIKE ST N-0 �r W Q RA:XTER LN w CLEBURN ST ftSF4 q d J Q a CLESQRN ST Y � d 0 NORTH RS F-4 Legend Residential -Office Planning Area C-1 Feet C-2 Fayetteville City Limits 0 75 150 300 450 600 M Downtown General Trail (Proposed) P-1 Building Footprint 1 inch = 200 feet 16-5582 EXHIBIT 'B' ARIrA TO AE VACA101AIMNUONED ALL THAT PORTION OF PIKE STREET LYING SOUTH OF BLOCK NUMBERED EIGHT (8) AND NORTH OF BLOCK NUMBERED NINE (9) AND EXTENDING FROM THE EAST DIGHT -OF -WAY UNE OF HIGHLAND AVENUE TO THE WEST RIGHT -4F -WAY LINE OF POLLARD AVENUE, ALSO BEING DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK EIGHT (8). SAID POINT BEING A SET 1/2' IRON REBAR; THENCE S890 54'38'E 360.06 FEET TO A SET 1/2- IRON REBAR AT THE SOUTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE 50080&41"W 60.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF POLLARD AVENUE TO A SET 1/2" IRON RESAR AT THE NORTHEAST CORNER OF SAID BLOCK NIDE (9); THENCE LEAVING SAID RIGHT-OF-WAY LINE, N89 °54'38"IN 360.08 FEET TO A SET 1.,/2" IRON REBAR AT THE NORTHWEST CORNER OF SAID BLOCK NINE (9); THENCE N00009'47"E 60.00 FEET ALONG THE EAST RIGHT-OF4VAY LINE OF HIGHLAND AVENUE TO THE POINT OF BEGINNING. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY I'EE: $200.00 Date Application Submitted: Sign Fee: 55.00 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 wiAnot beplated on the Planning Commission agenda unfit this information is furnished Application: Indicate one contact person for this request: Applicant X Representative Applicant (person making request). Representative (engineer, surveyors realtor, eta). Name: A fl o+--� tL �� P G,2ri C4 � C . _Name: ALA A VE►'D � C- Address: I21 + W AX3'�i LIZ) Address: [, LLL- .L"� At•.F-- -1 -Li o:3 -7 —0 0 1 Phone: ( Phone: {tt`}�) L}'-i� < T Email: Entail: Fax: ( ) 1 I Fax: f 3 Site Address l Location: `T 1 (� . Q � 'S T `=-r Legal description of area to be vacated (attach separate sheet if necessary): Current Zoning District: �- Assessors Parcel Number(s) for subject property: }.# FINANCL4L INTERESTS The following entities and I or people have financial interest in this project: Derember 2014 Page I APPLICAIYTIREPRPSEMTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false inforina;tion is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, orghE set conditions on approval. 1 Name rinted l `� l� L `P (�*7 / Date-- L PROPERTY OWNER(S) /AUTf#ORIZED AGENT: Uwe certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. f si ned b -the auth,arf ed a ent a fetter from each roeowner mast be provided indicating that the anent is authorized to act on his/her behalf) Owners (attach additional info if necessary ): Name (printed)A1�D"-f-A Signatisre_ Dater `2,` L! 1 L Name Si naturc: Date: Address: Z �- Phone:— 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 i (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may be included on the survey plat). �t (3) Survey of the site depicting the periinetcr property lines and arca within the property to be vacated. (4) CD containing a copy of the legal description in M5 Word and PDP copies of the signed application and all other items submitted with this project. N (S) A surveyor should stake the area on the site to be vacated for utility .company review on their site visit. \4 (b) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Abstractor's Certificate ofOwnersbip stating names of all owners of property adkjacent to the street right-of-way, alley, or easement to be vacated (this document is obtained from a title company). (8) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washiny3ton.ar.us). The subject properly 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. Deeeember 2014 Page 2 CITY OF PLANNING COMMISSION MEMO 7ay74t—lle ANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director THRU: Quin Thompson, Planner MEETING DATE: --N-ovewber_14 2Q16 UPDATED NOVEEMBER 18, 2016 SUBJECT: VAC 16-5582: Vacation (41 E. NORTH STJANDONA PROPERTIES, 445): Submitted by ANDREA FOURNET for property located at 41 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.74 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC 16-5582 to the City Council. BACKGROUND: The subject property is an unbuilt street right-of-way located south of North Street, connecting Pollard Avenue and Highland Avenue. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Dirn on From Site Land Use Zonin _ tVflrth UAM1S P-1, Institutional South Frisco Railroad ROW RSF-4, Residential Single lainily East Office UT, Urban Thoroughfare Wesi VVashfngton County WAMIS parkin[g�L W-4, Residential Single-family Proposal: The applicant proposes vacation of unbuilt street right-of-way for and extension. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Adjacent Landowners Thomas Hecox Washington County Kimberly Johnson Response No objection to the vacation No objection to the vacation No objection to the vacation Mailing Address_ November 14, 2016 1'13 W. Mountain Street vovv., Fayetteville aAgOilida Item 4 l a er_tE vllle, AR. 11101 16-5582 Andona Properties Page 1 of 18 Utility Response Cox Communications No objections with conditions AEP/SWEPCO No objections Black Hills Gas No objections AT&T No objections with conditions Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections with conditions Transportation No objections with conditions Recycling and Solid Waste No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5582 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. A minimum easement of 20 feet wide, centered on the existing 6 -inch water main, and a minimum of 25' centered on the existing 12 -inch sewer main shall replace the right-of- way. 3. The Current right-of-way shall be converted into a drainage easement the extent of which shall be determined by the Transportation Department as needed to maintain drainage through this area. Planning Commission November 14, 2016 G' ETC\Deve€opment Services Reviem2016\Development Review\16.5582 VAC 41 E North Agenda Item 4 St (Andona Properties) 44510; Planning Cornmission111-14-2016\Comments and Redlines 16-5582 Andona Properties Page 2 of 18 f Planning Commission Action: © Approved 0 Forwarded O Denied Meeting Date: November 14, 2016 Motion: HOSKINS Second: SELBY Vote: 5-3-0, BROWN, QUINLAN, AND HOFFMAN VOTED 'NO` BUDGETISTAFF IMPACT: None. Attachments: ■ Request Letter ■ Petition to Vacate ■ Utility Approvals • Easement Vacation Exhibit ■ One Mile Map • Close Up Map Planning Commission November 14, 2016 G: 1ETC1Development Services Review120160evelopment Review116-5582 VAC 41 E North Agenda Item 4 5t (Andona Properties) 445103 Planning Commissionl11--14-20161Comments and Redlines 16-5582 Andona Properties Page 3 of 18 April 22, 2016 City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Street Vacation Dear Planning Commissioners and Councilors: On behalf of my client, Adona Properties LLC, 1 am submitting for your review, a request to vacate that portion of Pike Street lying between Blocks 8 and 9 of A. L. Trent's Revised Plat of City Park Addition. In the 93 years since this subdivision has been platted, this section of Pike Street has never been constructed. It remains a partially wooded tract of land with a natural North-South drainage channel nearly bisecting; the property. The property is currently maintained by the adjoining land owners. My client feels there is no practical use for this street and would like to see it vacated and the right- of-way reverted to the adjoining property owners. Respectfully, Alan Reid Professional Land Surveyor Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 4 of 18 BLOCK NINE Vii, A -L. TRENT'S RASED PIAT OF CITY PARK ADDf4`ION TO THE CITY OF EAYEITEVILLE, ARIKANSA i ;=w l aii t > Mile pity Manning CC_-mr',]is:sion 311d Tt>e Fayetteville City Council We, t1ne undersigned, E.eing all the awners.of the East half (E!/2.} of Lot 3 and all of Lots 4 & 5 in Bloc; 8 of said Addition, abuWng the street right-of-way hereinafter sought to be abandoned and vacate -u, itin,ig' L ;C�iu, , ia.e , _ _dock 8 ---ind Block 9 of sad A.L_ Trera's Revised Mat of City Park r�dditior., ,,34 er. Favettevilie, Mik aC sas, a rn(jj )ruipal cC3["fi,or3,1ioii, pefl-don to v&_j- t>e o ,,�e3id easement. wrtich is descdbed ALL T1` M PORTION! OF PIKE STREET LYING SOUTH CSF BLOCK NUMBERED EIGHT (3) AND NORTH OF �i'L {riCK NL.iili�BEREL 'VIN j`� AND {t".'�M—NU'41 I�" LL�a�,».} -1€- „�-') ? ;..>'�i" �'3��'? ,Vt�- {�^$ !- -, i�i 9�{ D !^ 1 r'a ice.: ii\•� C•. :+l F3j.. ":p 3Jf :7 o.s:7 t(Y� n. i- E.. 9.,�F. {.-�j4- L..f"•I''! AVENUE TO HE WE-' T �IIGOT-OF-WAY LI zE �f 3 LJ'3.s-' (fit AV .S�LIE, �#%i HF�.I�3�.:.f 1T -PF , 1R*8F'"D klS FOLLOWS: B GiNNlNG AT THE SOUTHWEST CORNER OF SAID BLOCK EIGHT (8), SAID POlf` T BEING A T.1/2" IRON RE BAH: THEN0 S89"54'394 E 360.06 FEElf IM A i<?ET -11/9 ` iFON REBAR µ T THE .SOUTHF-AST CORNER OF SAID BLOCK I i BHT ( ): THENCE 5�3a�Gt��' �� "�'u' �ti, FEET ALC3l`+e THE WEST RIGHT-OF-WAY LINE OF POLLARD AVENUE 10A SET 1.f2" MON REBARAT THE NORTirimn' CORNER 0E 3A[D BLOCK NINE (9); THENCE LEAVING SAID RIGHT -DF -WAY LINE, N89"54'38"W 360.08 FELi TOA SET 1/2" MON REi -R A4! THE NOPTHWEST CORI ER OF -qAl€) LOCK t INF (9l. THENCE NCP0" 09 7 `E 6 0.tND FLET AL0NG Tl -4E LAST -111G M T -Of- ` OALY LIiLJ E G-7 H1G�l iLAN D AVF. Nt,IF1. TO THE POif:,, f OF B-E,-G!,NfNiNG. That 0hit -e—Ita e a3ffe--t by Said. c`3bandoiwvle W CSS t iv int iusiiie, (if Block 8 and. (2): Lots 1 aind :1.4 of lock 9, A.L. Trent's revised Plat of city mark Addition, �jiI! j ti)all u iie pubii , ir�ter�est and welfare ��J l�tiel r�cst i� a v rb ply afte€Aed by the abandonmerii of the '{ rie petitioners Pray -that the City of a✓ayetteviiie, Afkasis6s, ai: si"idoii ai ld'dt cafe IU" -i : z3t:{34f'e '.` e-zcn uexJ y f �. n, ; e e cj,t-nea`3i. i is n�°�"`jibe%_ �anaf ff�ai estate, ;�i,:ri3j�iG liC1we1�e�', 3:�i ii1a rift :£:iii �ttlizrd ;��� .;lit- (tiff ci..i� 4�rf ::i. 3= i2d Ll' s�iiV'' ei�s:'r'ib�=� real x:St�.etie EaSP--€ f�3F?ir a+iii3il1 10 xjlbylailV. Ttte tei tii r�wr itit it ,,ay tl at the above described teasl estate be, vied ir�t tie abutting property £Jiknar-5 as Ni cf41det) ui i4;iw. 5 �rr E s ; rs M1 - a' #" �Q Vii:: :,��S�a: i, -�:• 'r'Ys E�?i..GRE, S. �i�,- i,f�[l�i;.'�"s.�f�.t9�'Ee �1''4i .Ltll :t:�l� fL`:_. �}'.%Lii i�rb s.vi Gt `v ;Fi.i Fayetevii1e, Arkansas, abandon and vacai:�: Liie i; ; •'.:'r ~i, �;Lt t ?ir e 9:is' '`r.',` J::��f'st;" r 20j- narne Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 5 of 18 UTILITY APPROVAL FORM FOR WGYff- OF WAY, ALLXY, AND UTHX]rY rASEPAMNT VACATIONS DATE?: I kq I (• UT LITY COWANY° �! APPLICANT NAME: A D MQ `� P, LL -6- APPL cANT PHONE(: ` *1 �Q t-4 4 —g -i e64 REQUESTED VACATION (applkwd muss ckwk fig dinar apply): 0 Utility Easement 0 Itiztd-of-way fa slky or streets and a!1 utility amts located within the vacated rigs- of- way. I') Alley xStreet nght•of-way I have been notified of the pefitioo to vacate the Hollowing (allay, ea€exenttright Of wayl inabed as follow: N (AITAt H kg4l Awr*d" and zjwpk rgwomtolon of wk,& is befi g vamted-SURM) UTH rPY COMPANY C064ENFS: 0 No objections to the vscation(s) dexos►bed above, azd no comments. C}( No objections to the vaattiou(s) desertbod above, provided following dwailmd eas:acms are retamed- (State the location, &mea wjw and purpose below.) Irany AT&T fablities are rw.c. Dred to be relocated or r; , r e , flie responsibility of the property owner/ developer. No objochow provided the following editions are met: JEFF HAMILTON b/!bft iWAl1UN�AT711.aFCWfi1E 7101U EMCiMff a�`7ignaustL of Utility Company Repyescuutive Deaarber 2014 s Planning Commission November 14, 2016 Agenda Item 4 16-5582 Ancona Properties Page 6 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTiLTPY EASEMENT VACATIONS DATE: 2z j_! (.. UTILITY COMPANY: CLOv' APPLICANT NAME:Dc7 P f!(1.4P LLL— APPLICANT'PHONE:0X40'3-11 REQUESTED VACATION -(applicant most chsck #I/ 1W apply): C Utility Easetnew 0 Right -of --way for alley ors CCU sad all utility Mernmts located within the vsniwl rrigm- of- way. 0 Alley xStreet right-of-way I have been notified of the petition ro va aic the following (alley, easement ght-of-wa ,described as fallowt: General Coca on 1 Address T 1 1-cJTZ=�•� 6 F71.�G�.�` � (ATTACH legal deuriptiene girdgraphk rgweseaia vn of what is bang vacated-SURVEI) UTILITY COMPANY COMMENTS: No objections to ihs vuation(s) described above, and no comwats. No objections to the vacations) described above, provided following described casements are retained.. (State the location, diramsiona, and purpose below.) N No objections provided the following Conditions are met: Any damage to or relaxation of uur existing Facilities will be at the owmrsldevelvyers exRensg. Si ah= of Utility Cwnpany RtprtsenWive Construction & Planning Manager Titte Lk'-«Mh'rr 1014 Part Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 7 of 18 U'TILI'TY APPROVAL FORM i f'4u l A I I�r. DATE: 1 l L UTMEW COMPANY: t-- 6 APPLICANT NAiF: A,oA _I'►kL LL(— Appuc.Aw p*joNt. - -vi 4 "QUES' M VACATION (Op Sewd m*W check ,ag twt awy): Utility Eapancut © R>3of-w!' fiw Wk7 or roods and ail util* ammcnb waded within the vacond right- of- vmy. O AI1cy XScrod risco-of--way I have been nDfiPspd of the pew to vsamse the fnllowiog (allry, ea*~ tt, f1d-*W,9b. deren W as kdo ws: t--� VDUL& f (4rrwCIT k&W dmcr4vdm oda rqw"wuW" of who k Mos "wor"MVIM UrHATY COMPANY COMMEM- XNo objecdAw to the vacad*s) dacribed above, and no conmucu. 11� No objectw= to the vacadoo(s) d wafted above, provided ioilov&S drsaibed "immo $n reiaiaed. (Stade the kwabon, dk=tuow, and potpoae below.) No objection provided the Mewiss condidow axe `c.,( 74/ o€ Utility('AtC�]J1tly r Title ,! DOCAN6 s 2014 1%s3 Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 8 of 18 lP clr ' ' l 1:1�'it) 9v I FOR RIGHT- OF- WAY, ALLEY, AND ii rn TY EASnIENT VACATIONS DATE: Lfh-111 1 1UTHITY COMPANY;v L, l ' APPLICANT NAME. ApaA P LLC, APPUC,ANT PHONF I4 `- �€gq REQUnTED VACATION (appAm et teem! Aff as apply): • Utility Eawment • Right -*f wv for &ley or sfteb aad all utility ziisemcots l COW wititn the routed right of- Way, Q Alky xStrut tight -of -pray I have buten notified of the petition to vacate the foUowins (uA*% easement, ghf-rrf- w . described as follrrws: © (ATTACH kad Ali ndsr**ie raw of wkAt is beirgl mcamilL.SURF" U'I ILriY COMPANY CObDAE3+TfS: No obit so tltc vacation(&) dm seal above. and no rn.wwW Q No oblectiow to the vacadoa(a) descssbed above, provided k4k wing daaet9bed weemerib are mftiu& (Shoo the lttcauioa, dimemim and ptapoae bduw.) 0 No objochow provided the following coudibini; wc met: I LI.; �,A � - SignYtwe of Utility C,O any.five _ -�-Vs efm S -rig bM� % GG77 Tula NJ A rsmd rw,AD14 PAWS Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 9 of 18 UTILITY APPROVAL FORM FOR RIGHT OF- WAY, ALLY, AND UTILITY EASEMENT VACATIONS DATE, 4 I- L, I l i. UTILITY COMPANY: APPLICANT NAME: kCtIIA�9A)E A L-1— APPLICANT PHONE: LM Qq��� l REQUESTED VACATION (applicant must check all that apply) G Utility Easement G Right-of-way for alley or strccLs and all utility casements located within the vacated right- of way. 0 Ailey ,, Street right-of-way I have been notified of the petition to vacate the following (alley, ememenl, "gbt af- , described as follows: General l -Mian / Address v�c- O (ATTACillegal deserfptlon jqAgraphie representation of what is being vweuttd-SURVEi) UTILITY COMPANY COMMENTS: )f No objections to the vacation(s) described above, and no comments. 0 No objections to the vacations) described above, provided following described ea wments ere rellbted. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met 'r -/z- /(. Siglul f Utility Coirrpsany Representative Title Dtzesiber 2014 Page 5 Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 10 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS HATE: Ii f --- / UTILITY COMPANY: ! �r %,�•�Dl�f�cS' APPLICANT NAMF: , L _APPLICANT PH(3NB: I7 "+ REQUCSTl;B VACATION (applicant must check all that apply): 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 tto vacate the following (alley, ea amen+ —1 rht-r fy.,u�tfn, 'd,,escrrii�bed asfofolllo/ws: J� General location I Address i .1_j.<e�,S�_._._._�eI �Jl.tj'rVV t+ Cf/ V.1.471/ar!/( ;Ir' (ATT.ACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMI-.NI TS: No oblections to the vacation(s) described above, and no comments_ No objections to tine vacation(s) described above, provident fbllawing deticribed easements are retained, (State the location, dimensions, and purpose below.) No obiections Provided the following conditions are met: i t :Signature of Utility Company Rr i xiltatrvc: Title ner,tnbe, 20Ilanning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 11 of 18 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTnJTY EASEMENT VACA1 IONS DATE::-�'(. UTILITY COMPANY: IEA 1E7--ill-7 + ! LLC -A -SJP 1z Tl APPLICANT NAME: 1 1 PnZ P C.. APPLICANT PHONE: L4 as REQUESTED VACATION (appUcant must check 9-U that APPIW t7 Utility Easement G Right-of-way for alley or streets and all utility casae located within the vacated right- of- way. 0 Alley Street right-of-way I have been notified of the petition to vacate tip- following (alley, ewemen4 ht of- , da3cribed as follows: Gtoerd locatlon I ddress 1 1 s Ill (ATTA CX legal deserlptlon and gnWhic reprssantadan of what !a being varata+l�URp'1-°3� UTILITY COMPANY COMMENTS: `0 No objections to the vacation(s) described above, and no commct&s I No objections to the vacations; described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) faIAi I+r►4 Aal V tt _ r• i No objections provided the fallowing coutlitions are erect• Si fUti CotnpanY Reprosenmtive -TIC el��CIL4L 01 Title Dtstmba 301 Pegs S Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 12 of 18 UTILITY APPROVAL FORM FOR RIGHT OF- WAY, ALLEY, AND UTdLrTY EASEMENT VACATIONS DATE: 14 /22J I �- i UTTLTI'Y COMPANY - APPLICANT NAMEX.PA Jl1 � - "PLICANT PHONE: �� 'iL4 ItEQUEST'M VACATION (vplfcane most check all Mat apply): Q Utility Latemerd 0 Right -of --way far alley or streets and all utility casements located within the vocated right- of way. D Alley l Street tight -of -way I have been notified of the petition to w" t: the following (alley, easement, 'ght f way descnbtd as Tallows: General Ioeatlas i Address Q I Ica C nAj (Zar4,, � tri 'f. CI (ArrACH legal deac4dion QW graphic rapratmkfion of whO it king vacmrd-SUJtVE1) UTILtTI' COMPANY COMMENT'S: El No objections to the vacations) desm1ed above, and nes corurnents. No objwtlous to ft vaenhon(s) described above, provided following deem ed casements are retuned. (Stats the location, dimewions, arid purpose below.) A ,,1W1 r fVA4 lY No objections provided the following conditions are met: Signature utility Com Representative Title R &qST4;g A to /2. s`' E i Tit DeCtwber 2074 PdgwS Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 13 of 18 ADJACENT PROPERTY OWNER NOTIFICATIONIAPPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: z Address I location of vacation: 311&!�' Adjacent property address, Block: L9 Subdivision: AL 7-ce)1-5- CyVt1,4�'2&1-k REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easente �wav), -scribed as follows: (Include legal description and graphic represenurtion of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS. r -y I have been notified of the requested vacation and decline to comment. " I- I do not object to the vacation described above. I do object to the requested vacation because: Project Name' ,45h,bWkk) N,mie f)1',AkIJacc*nt 11ropucty 64ner eprinted) e ofA4Zent Property CKvncr Applicant Name APPROVED AS TO FORM SEP 11 M� WASHINGTON =,X(A; (011 December 201 NNIanning Commission November 14, 2016 Agenda Item 4 16-5582 Ancona Properties Page 14 of 18 ADJACENT PROPERTY O'R-NEIt r���3I'�{ �8� . FORM I'0 -R RIGHT. OF. WAY, ALLEY, Al .. _. _ .._ L'-rr fir ` �..F:?.7ri: j �`�j a�-.-� �,__ '�, � �.!-� r'-��,�:=`�✓ x _ _ amu`=�av r•!e- ' - __ r` L I tt3ve isecn o. l tt e ;zati. ter, : vas, ne the fbilow�ng (alley, eassemnt, rigs;: -c wo ;l, tl�crberci:o8vs: fj;cciLie legal fte5cripdvp crudgraphic rgpraenWian ofthais &-ing vaeafed) ` Dj,kCE er PRGPE.2 i'Y O —HERS COMMENTS: hay,,� bee, not; fm- e`t v r--quzsted vacation and decline m curnmert. e M1 { 1 1 Y•.^,i oP,Fij,£+G! t;Qi2 va180dIIF 4#eS.ia3Eii &fTi;E. Planning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 15 of 18 ADJACENT PROPERTY OWNER NOTMCATIONIAPPROVAL FORM FOR RIGErr- OF. WAY, ALLEY, AND EASEMENT VACATION REQUESTS bate: Address I location of vacation, Adjacent property address: /V 1,01: 4k— Block: - Subdivision: 4L !L� L L REQUESTED VACATION: e I have been notified of the petition to vacate the following (alley. easement, right-of-way), Described as follows-. I--- -- - (Inchi& kgol desctiption and graphk represonladon of what is being vacated) ADJACENT PROPERTY OWNERS COMNIENTS' I have been notified of the requested vacation and -decline to comment - I do not object to the vacation described above. C I do object to the requested vacation because: L Project Name, Name of Adjacent Property Owner (printed) Signature of Adjacent Property Owrrer Applicant Name 0eca"bff 2014 P"llanning Commission November 14, 2016 Agenda Item 4 16-5582 Andona Properties Page 16 of 18 VAC 16-5582 ANDONA PROPERTIES One Mile View xN1 F -w5,: — RIAL DR Subject Property C===3 ww/ . Legend Planning Area J - Fayetteville City Limits Trail (Proposed) Building Footprint I ..... Fayetteville City Limils w�* go N1104 TM��S Planning Go mission Nlmamhel, 2016 *no»ua Item 16'558e^mumna pmpomou Page 17m10 VAC 16-5582 ANDONA PROPERTIES Close Up View pRIVATE 120 " :u Subject Property 1 PBKE ST Y It^t1 W rt LU uil BAXTER LN 4 -t } CLESURN ST tssra Q 0. !L ❑ CLEBURN Si a' z J rANORTH RSF-4 Legend Residential -Office Planning Area C-1 Feet Fayetteville City Limits C`2 Trail (Proposed) 0 75 150 300 450 600 Downtown General P-1 Building Footprint 1 inch = 200 feet Planning mission 4, 2016 Agenda Item 4 16-5582 Andona Properties Page 18 of 18 NoxsT ARKArsas vemomt fi,. 479-695-1'18 AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of. CITY OF FAYETTEVILLE Ord. 5935 Was inserted in the Regular Edition on: January 5, 2017 Publication Charges: $ 109.20 q1Y) X Kare Caler Subscribed and sworn to before me This (,�, day of '017. (,Eu, Notary Public My Commission Expires: CATHY VVI LES Mimsas Enon Co'Jniy N10 2 y Pu.'Aic - t 92397118 i3 (iCommission,; r.;, it Fob 20, 2024 *NOTE** - Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5935 File Number: 2016-0525 VAC 16-5582 (41 E. NORTH ST./ANDONA PROPERTIES): AN ORDINANCE TO APPROVE- VAC 16-5582 SUBMITTED BY ANDREA FOURNET TO VACATE THE UNBUILT PIKE STREET RIGHT-OF- WAY BETWEEN HIGHLAND AND POLLARD AVENUE. 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 unbuilt street right-of-way 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 the unbuilt Pike street right-of- way between Highland and Pollard Avenues as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy ofthis 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: I. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. A minimum general utility easement of 20 feet wide, centered on the existing 6 inch water main, and a minimum of 25 feet wide centered on the existing 12 inch sewer main shall replace the street right-of-way. 3. A 30 foot wide drainage easement shall replace the street right-of- way located south of North Street; connecting Pollard Avenue and Highland Avenue. PASSED and APPROVED on 12/20/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73983237 Jan. 5, 2017 RECEIV JAN 18 2017 CIOLRFFTYCESS O