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HomeMy WebLinkAboutORDINANCE 5953113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5953 File Number: 2017-0052 VAC 16-5687: (2790 N. SIGNET PLACE/BOWERS): 1 ti1�1�1f 1�I�Iti I�1 tillll II11I Il�llllllf lllllll��� 1111 Ill�l I�1il �I11i 1�I�11�llil�l Doc ID: 017$05020004 Type: REL Kind: ORDINANCE Recorded: 04/07/2017 at 10:02:24 AM Fee Amt: $301.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit j Clerk File2017+00010333 AN ORDINANCE TO APPROVE VAC 16-5687 FOR PROPERTY LOCATED AT 2790 N. SIGNET PLACE TO VACATE A PORTION OF A GENERAL 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 portion of the described general 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 general 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 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 2122117 ,Ordinance: 5953 File Number 2017-0052 PASSED and APPROVED on 2/21/2017 Page 2 Attest: Sondra E. Smith, City Clerk�e st�lw6VIII'l., r +moi FAYETTEVILLF kA T' 0�N Printed on 2/22/17 EXHIBIT'A' VAC 16-5687 z O u <—North 00 i as Signet Place Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 14 of 17 M o m Proposed vacation i 2 a area x --� z I 190. °1 F S7t7 Q I U x24 -__ ,"xisr.I;�7j;�1ll}LE TRI( M n y 3 LU &A SCJ I x ¢ Ld m r% Cn x J a W 0 0+ >! CO W r- N V) - O p Ucr J x -r �, �./" I h 1 �_ 40 r Q I O x H J O r�i ��� a Z Lq o I ! I O U x a �Q x V" J I W . m 9 + it �6 i I K La x I LL'^ iY Vn r X ^ x _ f Ln • 4 11s sI x II r tZ l Signet Place Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 14 of 17 EXHIBIT 'B` 16-5687 LOT H (PARCEL #765-29096-000): LOT 11, CRESTMONT ESTATES, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 11 AND RUNNING THENCE N86040'03 "W 139.76' TO THE EAST RIGHT-OF-WAY OF SIGNET PLACE, THENCE ALONG SAID RIGHT-OF- WAY NO3006'35"E 125.37' TO THE SOUTH RIGHT-OF-WAY OF SKILLERN ROAD, THENCE LEAVING SAID EAST RIGHT-OF-WAY OF SIGNET PLACE ALONG SAID SOUTH RIGHT-OF-WAY SKILLERN ROAD S86040'03"E 139.76', THENCE LEAVING SAID RIGHT-OF-WAY S03006'35"W 125.37', TO THE POINT OF BEGINNING, CONTAINING 0.40 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. DESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACATION: A PORTION OF AN EXISTING 20' UTILITY EASEMENT LOCATED ON LOT 11, CRESTMONT ESTATES, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, TO BE VACATED, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO3006'35"E 110.37' AND N86040'03"W 5.00' FROM THE SOUTHEAST CORNER OF SAID LOT 11 AND RUNNING THENCE N86040'03 "W 119.76', THENCE NO3006'35"E 4.10', THENCE S86040'03"E 119.76', THENCE S03006'35"W 4.10' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 0410712017 10;02.24 AM and recorded in Real Estate File Number 2017-00033 Kyle Sylvester - Circum by City of Fayetteville, Arkansas 113 West Mountain Street r Fayetteville, AR 72701 IJ F-51 L (479) 575-8323 Text File File Number: 2017-0052 Agenda Date: 2/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 VAC 16-5687: (2790 N. SIGNET PLACE/BOWERS): AN ORDINANCE TO APPROVE VAC 16-5687 FOR PROPERTY LOCATED AT 2790 N. SIGNET PLACE TO VACATE A PORTION OF A GENERAL 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 portion of the described general 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 general 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 costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED this 21 st day of February, 2017. City of Fayetteville, Arkansas Page 1 Printed on 2/22/2017 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 20.7-0052 Legistar File ID 2/2./2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/3/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 16-5687: Vacation (2790 N. SIGNET PLACE/BOWERS, 295): Submitted by BATES & ASSOCIATES, INC. for property located 2790 N. SIGNET PLACE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a general 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 V204ur1a Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF 81 T Tay% V lile ARKANSAS MEETING OF FEBRUARY 21, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner DATE: February 3, 2017 SUBJECT: VAC 16-5687: Vacation (2790 N. SIGNET PLACE/BOWERS, 295): Submitted by BATES & ASSOCIATES, INC. for property located 2790 N. SIGNET PLACE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Planning Division staff and the Planning Commission recommend approval of VAC 16-5687 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 property is located on the southeast corner of Skillern Road and Signet Place. The property is currently zoned as RSF-4, Residential Single-family, 4 Units Per Acre and contains approximately 0.30 acres. A general utility easement runs east -west along the northern property line that was dedicated on the final plat of the Crestmont Estates Subdivision. The applicant desires to build a pool in a portion of this easement. On January 9, 2017 the Fayetteville Board of Adjustment approved a variance to allow construction of a pool within this front building setback (BOA 16-5686). Proposal: The applicant proposes vacation of a portion of a utility easement as depicted in Exhibits 'A' and `B' attached to this report. The applicant intends on building a pool in the easement area. DISCUSSION: On January 23, 2017 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 7-0-0 as a consent agenda item. Commissioners Quinlan and Noble were absent. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayettevilie-ar.gov Fayetteville, AR 72701 Attachments: Exhibit A • Exhibit B • Application ■ Planning Commission Staff Report EXHIBIT'A' VAC 16-5687 <—North Proposed vacation area , t.. j 1S I 0 0 X f Cij I 2P LO 0— 0 0 X f Cij I LLJ + LO 0— Ui Ln 0 —J 0 —j LLJ 0 U j V . j V 4n t? Signet Place Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 14 of 17 EXHIBIT 'B' 16-5687 LOT 11 (PARCEL #765-29096-000): LOT 11, CRESTMONT ESTATES, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 11 AND RUNNING THENCE N86040'03"W 139.76' TO THE EAST RIGHT-OF-WAY OF SIGNET PLACE, THENCE ALONG SAID RIGHT-OF- WAY NO3006'35"E 125.37' TO THE SOUTH RIGHT-OF-WAY OF SKILLERN ROAD, THENCE LEAVING SAID EAST RIGHT-OF-WAY OF SIGNET PLACE ALONG SAID SOUTH RIGHT-OF-WAY SKILLERN ROAD S86°40'03"E 139.76', THENCE LEAVING SAID RIGHT-OF-WAY S03006'35"W 125.37', TO THE POINT OF BEGINNING, CONTAINING 0.40 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. ESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACA A PORTION'OF AN EXISTING 20' UTILITY EASEMENT LOCATED ON LOT 11, CRESTMONT ESTATES, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, TO BE VACATED, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO3006'35"E 110.37AND N86040'03"W 5.00' FROM THE SOUTHEAST CORNER OF SAID LOT 11 AND RUNNING THENCE N86040'03 "W 119.76', THENCE NO3006'35"E 4.10', THENCE S86°40'03"E 119.76', THENCE S03°06'35"W 4.10' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE, ARKANSAS Fight -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY FEE: $200.00 Date Applicalion Submitted: Sign Fee: S5.00 Dale 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 nor be placed on the Planning Commission agenda until this information is furnished Application: Indicate one contact person for this request: Applicant x Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: SAME Name: BATES $ ASSOCIATES, INC: Address: Address: 7230 S. PLEASANT RIDGE DRIVE FAYETTEVILLE, AR 72703 Phone: f ) Phone: ( ) 479-442-9350 Email: Email: JUSTIN@BATESNWA.COM Fax:( ) Fax:( ) Site Address? Location: 2790 N. SIGNET PLACE FAYETTEVILLE. AR 72703 Legal description of arca to be vacated (attach separate sheet if necessary): SEE ATTACHED EXHIBIT Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-29096-000 FINANCIAL INTERESTS The following entities and or people have financial interest in this project: NATHAN AND SHANNON BOWERS 0ecv,"&-r 2014 Page. I APPUCANT I REPRESENTATIVE: S ceruf} under pedally Of per3ary that fire foregoing statements and answcr5 heron made ali data, inforarrntran, and evidence: licrrwith submitted arc in all respecta, to the best of my knowledge aml belief, true and correct_ I understand that submittal of incorrect or fiilsc informaatlon 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 (pnnted) JUSTIN REID Date' L4 La RL PROPERTY OWNER(S) (AUTHORIZED AGENT: Ilwe certify under penalty of perjury that I am/we are the owncr(s) of the property that is the subject of this application and that Ihve have read this application and consent to its filing aLlimedby gleger from egOPM2Mst i e OC a yent by authariye tl ger ipn hisvirer hehalff) Owners (alrach adddonal info if reer.zssary): Name tnted :�� f Data. Naxinc (Printed): W �� Slianalm: N C1, D't'. rjpj� �q Vacation Checklist: Attach the followtng items to this application: Phonq: "'k Address: wT `'c Phone: ( 5 C5 (1) Payment in 6ti1! ofarppdicable fees for processing the application: $200.00 appl-icrati-an *c $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 incti:ded 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,kgal description in MS Word and PDF copies of the signed appUcattion and all other items stihmitW 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 an&City Council describing the scope, natta�, and infant ofthe request (7) Abstractor's Certificate Of OWT[trship stating names of all owners of prolrcrty tull,;j Oma to the street right -of -wary, alley, or cascmrut to be vacated (this doctunent is obtained from a title Company). (8) A copy of the county pared map fi am the Washington County Assessor's office or from the Wasli ton County website The subject property and all adjaeeniparcels sbaudd be identified on this parcel man, The owner's name, official mailing wkhcss, and the parcel number for every atdjacem property shall be shown on this map. Deceapbcr 2014 1'iap 2 CITY OF Tay i . 1 e ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Harry Davis, Manner January23, 2017 UPDATED WITH PC RESULTS SUBJECT: VAC 16-5687: Vacation (2790 N. Signet PI./Bowers, 295): Submitted by BATES & ASSOCIATES, INC. for property located 2790 N. SIGNET PLACE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION. Staff recommends forwarding VAC 16-5687 with conditions of approval. BACKGROUND: The property is located on the southeast corner of Skillern Road and Signet Place. The property is currently zoned as RSF-4, Residential Single-family, 4 Units Per Acre and contains approximately 0.30 acres. The surrounding zoning and land uses are depicted in Table 1. A general utility easement runs east -west -along the northern property line that was dedicated on the final plat of the Crestmont Estates Subdivision. The applicant desires to build a pool in a portion of this easement. On January 9, 2017 the Fayetteville Board of Adjustment approved a variance to allow construction of a pool within a -building setback (BOA 16-5686). Table I - Surrounding Zoning and Land Use Direction Land Use d Zoning from Site North _ Single-familResidential W South Single-family Residential East Single-family Residential West Single-family Residential Washington County RSF-4, Residential Single-family, 4 Units per Acre RSF-2, Residential Single-family, 2 Units per Acre RSFA, Residential Single-family, 4 Units per Acre Proposal: The applicant proposes vacation of a portion of a utility easement as described above and depicted in an exhibit provided by the applicant (see attached letter and exhibit). The applicant intends on building a pool in the easement area. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Planning mission Mading Address: January23, 2017 113 W. Mountain Street www.fayetteville-aA&*ga Item 2 Fayetteville, FSK 71701 16-5687 Bowers Page 1 of 17 Utility Response Cox Communications No objections with conditions AEP/SWEPCO No objections Black Mills Energy No objections AT&T No objections with conditions Ozarks Electric No objections _ CCS of Fayetteville Response Water/Sewer No objections Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5687 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities of existing facilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION: Required YES Date: January 23, 2017 0 Tabled )9, Forwarded O Denied Motion: Selby Approved as part of consent agenda Second: Autry CommissionersNode and Quinlan absent Vote: 7-0-0 BUDGETISTAFF IMPACT. None. ttachments: • Request Letter ■ Petition to Vacate ■ Utility Approvals Easement Vacation Exhibit • One Mile Map Close Up Map Planning Commission January 23, 2017 G:IETCIDevelopment Services Rev iew1201610eveiopment Review116-5667 VAC 2790 N. Signet PI, (Bowers) 295!03 Planning Agenda Item 2 Commiss ion 101-23-20171Comments and Redlines 16-5687 Bowers Page 2 of 17 Dr.cr.-'.Nu,n-.'R 9.20L6 CITY OF FA Y ETTF.V ILLE Bates Civil Eng1noodng,"Y Surveying 7230 S AR 72704 PH : 479-442-9350 " FAX: 479-521-9350 k'Vww.batesnWa.con1 'I'o the City offayetteville Planning Commission and City Council Our clients,, Nathan and Shannon flowers, arc requesting a partial vacation of an existing utility easement on property they own at 2790 North Signet Place (1(.)t 11. Crestmom Estates), on the north side of their property which fronts Skillern Road for the purpose of coristructirig aswimming pool, The Bowers would like to construct a 16' by 40' swimming pool. and in order to have adequate space beWcon the pool and their house they are requesting that 4.1 ` of the existing 15' Utility casenried be vacated, The new proposed casetnelut line would still be 10' oll'ofthe buried fiber optic cable in that arca. which was field located after the utilities were marked, Since the existing utility easement is alsou, building setback, a request for asetback reduction has been applied for 411so. Please see the attached building scibuck reduction Fxhibit 16v further inkvniation regarding this rcquest, and contact Bates & Associates with any questions Ur c0licet'lls. �inccre]N . Justin Reid }lutes & Associates, Inc. Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 3of`17 g j ft -fm ON TO VAzATE A UTf11TY EASE MEMT LOCATE❑ IN LOT 11, CRFMMONT ESTATES, CITY OF FAY{j'TE1 IUE, ARXAH SAS IO: Sha Faymwdja L7tyF*anrlP..g Cetnin#ukm and The faytttv4h ptyCaurKll Wt, thz Irr"k toned, b'4r* SII the ownem c4 the f"I eitate abvttirg tate (eBay, easement. 4ht-0-w7v1 hent meter "a Pt tn be sltzrrdon",3 M vxzted. Wr4:n (kg, block aubdMdw), 0 t cf Favatt Wee. Araam.r16 a MIJNd,IAzl.rtara-v v. €cy don to vacate a(nj (Cry, tar, -moot, it& o( -way) a filch h desoamd as fellows: A Pt'. MIOU of AN E 47inGo lir ifTlm EASEmjHT tOcAyE o ON LOT 1 t. C11ESTWbrT ESTATES, TD THE CM OF FAyd T TcYtllE WASKINGFON a)UNW. ARXAMSA.S, TA RE VACATED. MING MDRE PARTI MARLY DFSCRI0E9 AS Fi)U VN 5, Tf} WIT: @.Ewtt4WM AT A P01 NY wH1CH tS WWWWE 11037' AM0 MWkn rW S.UG' F ROM THE WUTIIEAST COfVj(Rl3F $A 10 toT I AH t1 RU KN Ilit NCE N86'40*QrW 119.76'. THENCE 80.3'06"3VE a.10; -nIE14CE 5f16'itl 'C 119.76. TIIEH{:E.501*13635'W A, 117' 10 THE POI N7OF f1.ECDINl NO, CONTALiHIG0.01 ACR I-% MOAT: OR LESS. Th --t t',o sbuttRat reaf cttaia altecied tyr iii abarxko *errt of the all ay art kra 1, '4 rrrd 141ofCmgrnant Enartaa, lot 1 of HwteflvW Add :i Ke, asad 9uerItJ*O1 155:1-01, 400[•15611 017, mi 11411-009 F]ty of Fay"I*,A3e uaod by the pub 1K for a pertod of many yex1. and Ihat the Vubficlntel=2 v4 W-01 an would MO be aclversr.Iy afiertt=a by the abandanmem of the port:atl of %R *buva eAsrr'lt"d 4..I ty rz7emmt- 1!4 petltfaru %p- ay that the (lty of F rer"wv1e, Artsrut. aba ZOn af,4 v8MI theafaose de°acs eo real n:atr, aub}c t, hr.vrcv . to the carsLnt utllaty eaw mts at,d seww ea'f"'s as'Qu Ifrd, and that dw above c4:e'•}-ted real estste be used lot Ovelr Itnptcdw brWt and purpsne n now approved bre taw - the petiUcew a +atuhes prav that the rb&n destatbed ftai WlAd be veatad In 11* 41"10% Property D*Twn as pi riled by law ;,�iEflfFL]iIE. the yr*d�rrs��+ortpesll#Dnata rri.Prctf .>r;.erxy &aL Lha Ctwrtnlnt bV*Of "GtV Of F,tytttt' "o ,pukansaa..ak+af 44x1 urease ifie aFrovC dncr,trrd rat r yxr sublsct to caid "V and "Wo ""Men% and I" title[ all to treal esUW savjht to be ab.nrdwr d lac .weed in lha aeu"L 19 Prrr�atty Lwaam as provklad by 1x+v. jad n to hat part/q Im land the ownan tet fare from ex easrn$oA s of tfaa PubVc for tie awof aakl aff" !lased kltt.[rnb'tr 4 29111 ��ar Printed H ame \J SIg75at4ttS 60, Pvir,Ie! Nameft` ,�a/ " "'fry � 9 try SFR,ratvre _ .... Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 4 of 17 urii.:1.1 V APPROVAL. FORM FORRIGHT- OF- WAY,AiL `t',A\U LTiLI1`i EAST NIu\, r VACATIONS DATE12=6-2016 t.='l ILITY COMPANY: CO 0Mh4QNIC.ATICIN(,' rAl'I'LI 'rANT ``MME: BATES & ASSOCIATES_ APPLICANT 11110M, 479-442.9350y Mi -QUESTED VACATION {applitaf+f oruJt check d that upp11): x Utility Casvnlow Right-of-way for coley yr sheets and aH tr{iiily ctsemcn(s located within the ��.tc.uerl right- 4,)]'- Alley Street rigbi-ofway ha' e been notified ol'the petition to vacatc the following (uf k:v efiscnrew. fight-uj-m qt ), described :ts follows: Generil location) Address -2790 N. SIGNET PLACE NATHAN & SHANNON BOWERS FAYETTEVILLE, AIS 72703 •(TT4(7111t,<alde criptr`urrn»rlklaAhdt reprhsenfrrtiotrof n4im3s heing racalvd-SURVEY) UTILITY C OMPA3N1' C'C)MMEN I'S: NO obiections stir thk: t duseribed abo%c, alit( uo comments. No Objections to lire .;xa titnl(s) desctibs d abC»C. provided roilow4lg dzscs•Ibcd casenscstls arc 1rtantrtl. (,Slate the location, disn. rasions. ;tn%1 ptuullosc bclow., x No till 'tic�o> irr=IV41Cil tilt tntlo%N i, ;e I:ksnditions arc itteC Anya$e to or r In atlnn Qj gay of nttr Pxisting farilitinc Will hp at The n) rnrtrslrlovnlopers Pxppn,;p - — �i a[ure utt!nlit� (Uttr)vinyRcpre •entatr��:� Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 5 of 17 MLITY APPROVAL FORM VOR RIGHT- CSF- WAY, ALLEY, AND UTILITY'EASEM ENT VACATIONS DATE_ 12-6-2016 I I ftl_]'i Y COMPANY; S". EPCO, APPLICANT NAME.: BATES & ASSOCIATES APPLICr1NT IIHONI1,. 479-442-9350 ItL"sQUNSTFD VACATION (alrpllcaot mast cheek Ell Thal apply): x Utility Easernerat Right-of-way for alley or streets and all utility casctncrits located within the vacated right -of of- c zy. .: Alley Street right -of wuy I. have been notified of the petition to vacate the following (alley, casement, nghl-oj-wcwv), described as follovvs: General loratiurr I Address 2790N, SIGNET PLACE -. — NATHAN & SHANNON BOWERS FAYETTEVILLE, AR 72703 KI (ATTACH legal devcription atulgraphic rrpreser119601: al`rvhal is hi4liX sacrrlrrl-SllkE#i l J Ul ILITY COMPANY (:C3NIMENTS: x� No oh)echons to the ti ication(s) described above, lad no eommews- No obijections w the vacwion(a) described above, provided follu�ving described eastme Sts are relai ted, (State the location, dimensions. and purpose below.) No ubaections provided the follmvino condition,"- same. met: ". ignatttrc of utility Cvn1Pany RepTesentntivc Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 6 of 17 LiTJUTY APPR©VAI. FORM FOR RI��■G�HTp��- (YF- AY, AL' T.1r'1r, at ND L711-I4p'F.ASFWNT VACATIONS DATP : 12-6-2016 UTILITY COMPANY, _BLACK HILLS GNERQY APPL:IC.ANT NAME, BATES &ASSOCIATES APPL1Cstt4T P1i01*iE: 479m42-9350 iiFQLJE5TEI) VACATION (Op ,plicarrr must check all thatnPPIY;' x L.ttiiity &asement Right -of' way for alley of streets and all utility eas=culs located Withi,-t the vacated right of way. -411ey Street right -ox way I h.^.vc been notified of the petition to vLcAte the follom�n. (alley, easement, 7tgh; of- ,'A desaribcd as follows - General location l Address 2790 N, SIGNET PLACE NATHAN & SHANNON BOWERS FAYETTEVILLE, AR 72703 � (.4�7R+Cflle{a! rlescri�tion QFr ar'aphlc repra,'et�tarinr� of xhnf is hPing racaterl-SL'RLE�'} UTILITY C:QVd`.VNYCOMMENTS: x No objections to dhc .•, eavun(e�dent ibed above; and no comments. No objections VP the Vacation(-%) do crWed aEwve, pravided followbig described Lascraanty are reuir;ed. (State the location, e' wnsions. and 1vorpo,%, hulmv,) %No objections pro-vided tFe foilowii:g conditioias arc nict: Signature of Utility Company Reprcceu tiv Title fkrrm5rx Irrr.� 4 Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 7 of 17 iS`YIJIN API'ROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY LASEM ENT 17ACATIONS DATE: 12-6-2016 UTILITY COMPANY: AT & T APPLICAN•l NAS f3: BATES & ASSOCIATES APPLICANT PIION F,: 479.442-9350 f2L(ZUUaEt) VACATION (opplicant must cheek rift that apptp): X Utility Easement Bight-ortivay for alley or streets raid all utility casements located within the vacated right- of way. Alley Street right-ot,way I havo been notified of the pctitiau to v,acate the bellowing (af ev, easument, riaJrt-o/ aa� v), described as folk)ws: General location / ,Address 2790 N. SIGNET PLACE NATHAN & SHANNON BOWERS FAYET`l'EVILLE, AR 72703 ;[_ l f fT,4C'iF le%rtl deserilatlnn rrrrsl;,eiraphic' rtprrsentctr}ern of what is hcinh vacrrrett-,S`LiR 6`hY) UTILI`l Y COMPANY CO. -MM UN] S5 No objections to [lie cac[rtiau(`sI deswribed 1111ove, and no coatilvcnts. No objections to this: vaca ion(.=,) dv�cribcd above, providiLd ffbflowin-described casements aie rel amcd, (Urate the location, dimcnsiow,. said pmpow below.) x No olliections providid the Rrlltiwhrg ,onditions are mel: II � nI 4 AM facililies are r Quired fry be relocatod all feu t %0 will be, thn responsibility of the property owner Si Mlftil 'Col'Utility Company ftcproentatisC MGR OSP PIng & Engrg Design Title Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 8 of 17 I UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE 12-6-2016 UTILITY COMPANY, RKS ELECTRIC APPLICANT NAMF- BATES & ASSOCIATES - _, APPLICANT PHONE: 479-442-9350 REQUESTED VACATION (applicant must cheek all that apply): Utilq Easement Rit)wl--of-way for alley or streets and all utility easements located wsthin the vacated right- of- way. Ailev Street riglit-of way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows - General location/ Address 2790 N. SIGNET PLACE -- — NATHAN & SHANNON BOWERS FAYETTEVILLE, AR 72743 Rt (rt i7ACH legal elescriprii)ji amt graphic representation ref what is being Vacated -SURVEY) UTILITY COMPANY COMMENTS - No objections to the vacation(S) dcscdbcd above, anti no comments. No objections to the vacation(s) described above, provided following; described casements are retained. (Slate file locution, dimensions, And purpose below.) No objections provided file fulloavinlg conditions are met: Signature of Utility Compaany A ^1011ve Tlife i necember 2014 1'ty a J Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 9 of 17 UTILITY APPROVAL FORM FOR RICHT- OF- WAY, ALLEY, AND UTILITY EASEMEN r VACATIONS DATE: 12-6-2016 UTILITYCOMPANY: F YETTEVILLE WATER AND SEWER APPLICANT NAME: BATES & ASSOCIATES APPLICANT PRONE: 479.442-9350 REQUESTED VACATION (applicanr most check atl char apply)= x Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street rigrtt-of, way I have been notified ofthe petition to vacate the following (alley, easement, right -of wajr), described as follows: General location/ Address 2790 N. SIGNET PLACE NATHAN & SHANNON BOWERS FAYETTEVILLE, AR 72703 X (A77rlC11 legal descriprian arced graphic represenrarion of what is heing vacated GSVRVEY) UTI T ITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no cornmcnls. 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 ibllowinll conditions are met: tiii•nnturofll(t'ilttyi'aarnpli 12epir_xt:nlative ��J l Title Dort ber 2014 Pp,,S Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 10 of 17 U UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY �ASEMENT VACATIONS DATE: 12-6-2016 U f ILL t Y COMPANY: FAYETTEVILLE TRANSPO TATIC) I CtEPARTMENT APPLICANT NAN416: BATES &ASSOCIATES APPLICANT P11ONB: 479-44.2-9350 REQUESTED VACATION rest ch"k 01 Dirtf lappW' x Utility Easement Right -of --way for Salley or street' ,and all aatility casements located within the vacated right- of way, Alley Street right-of-way I have, bceu notified of the petition to vaeate the following lzalirr3', euacemenl, deseriibc d as R"H w5' General location 1 AddTess 2790 N. SIGNET PLACE NATHAN & SHANNON BOWERS FAYETTEVILLE, AR 72703 (ATTACH lv�gul desrripliat and groplaic represetrlrilVaaat oy'what is being vactsled-SU"RG"E f) UT[ITIN CU�ll'ANY C'ONININNITS' y No objections w the vac ition(s) described above, ;and ao conunentS. No objections to thc vac.alion(s) desctibcd above, provided following described ea csnents nreretained- ('Stat'- [tic etained_{Stat'-t€ac iocaarm, difneusions, nand 1,1111•hnsc below.) No objectiow', provided the fbllowiaag conditions .are melt {'7 5i6at �t(t r51'I' i11t� Conaszany iZepreScaatative, }) )� ' �l..Y!' '��•. r. .R �t'•,71��, r•;al.�Y�%r! rN� 1. I,ta�• ! Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 11 of 17 UTILITY APPROVAL FORM FOR BIGHT- OF- WAY, ALLEY, AND UTILITY CASEMENT VACATIONS DA"TE: 12-6-2016 UTILITY C OMPANY: FAYF,TTEViLLE SOLID WASTE DIVISION APPLICANT NAME: BATES & ASSOCIATES APPLICANT PLIC NL+ ,,: 479.442-9350 nQUEs`TED VAC'ATION iappifcairtrriustrheek —a# thatapjrfO X Utility Easement Right-of-way for alley or streets and all utility casements located within the vacated right- u£ way. Alley Street right-ol'-way I havebeen notified of the petition to va(..uko iltc Ibllovving (eruct; easontent. right of way), described as follows: General location f Address 2790 N. SIGNET PLACE NATHAN & SHANNON BOWER FAYETTEVILLE, AR 72703 (tTTACtllegal desert'plrurtatsilgraphicrepreserrlalionofw1ra(ishein vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comnnenls. No objections to the vacation(s) describcd above, Provided iblluwing described easements arc :retained, (Staic the location, dimensions, and propose below.) No oblcenonn [tpwi(4-d rise follovvin6 conditions are ntct: Sit trixt e t I ii iiv 4 „1Fir.in) Re pi r,. rr;.9ir„ {'�1 ONn. w4 fJ `• Q'e _ �CYy.4.r} I "Yt%_ f itle Planning Commission January 23, 2017 Agenda Ilem 2 16-5687 Bowers Page 12 of 17 _ I I -9 41 F-.,3 ,int; mmission ` January 23, 2017 Agenda Item 2 16-5687 Bowers Page 13 of 17 Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 14 of 17 VAC 16-5687 Legend Planning Area Fayetteville City Limits Building Footprint BOWERS Subject Easement Feet 0 75 150 300 450 600 1 inch = 200 feet A& NORTH RSF-2 RSF-4 Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 15 of 17 VAC 16-5687 One Mile View ! 1 I r 1 1 I 1 1 1 T -MOT, M -Z 0 0,125 0.25 0.5 Miles I "% 2 3 RDM ORCHARD ryin pRlVAte 311721 f ! - - - - - - - - _ - - - ' i i_ — — — — — — — — • � PRIVATE 3502 Subject Easement 0 r z QINT BLVD Q s D �o m < Z Q PASO FYNO tYy Z II O Q m 0 Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 16 of 17 � RtiF_41 1 RRSF-a I PRIVATE 2680 I TROUGH 99 ! 1 I It. 1 I 7 J I RST LN 2 - I 0 071 h "e7 { % ���9b ARD BOR LN L I ca DR4 y ASHLEYLN f."' c.rrter.rw fr �eF S�uFti 1e1 � f.Y6T P ixNi�i Legend oW+n e�eeo aa, mele Planning Area �� -• •, . FE AiPE'nT µl 4.111 f I a FMII,T Fayetteville City Limits A IS 111! Trail (Proposed) MARNC O ION'"M MTM[l f. Building Footprint Planning Ama . '- wnuunut kIT1,Yl lhxi Fayetleuslle CRY Llrrtlts1 Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 16 of 17 Planning Commission January 23, 2017 Agenda Item 2 16-5687 Bowers Page 17 of 17 RECEIVED NORTHWEST ARKANSAS MAR 1 0 Cl Democrat IF azette 0 9 2017 FAYEJIEVi;_LE �Mjlj% a U` ance : :I File Number: ')017-0052 VAC 16-568"7: (2790 N. SIGNET AN ORDINANCE TO APPROVE VAC . .......PLACE/BOWERS): A X "'J - 6, 18, 'v"J `,Av, 7, 7,77, f-7-777,71 16-5687 FOR PROPERTY LOCATED AT 2790 N. SIGNET PLACE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT WHEREAS, the City Council has the AFFIDAVIT OF PUBLICATION authority tinder A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate I Karen Caler, do solemnly swear that I am the Legal Clerk of the purposes; and WHEREAS, the City Council has Northwest Arkansas Democrat -Gazette, printed and published in determined that the following portion of the described general utility easement is not Washington County and Benton County, Arkansas, and of bona fide required for corporate purposes. that from knowledge and reference NOW, THEREFORE, BE IT ORDAINED circulation, my own personal BY THE CITY COUNCIL OF THE CITY to the files of saidpublication, the advertisement of: OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a CITY OF FAYETTEVILLE portion of general utility easement as described in Exhibit B attached to the ORD. 5953 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 Was inserted in the Regular Edition ffi oce ofthe Washington County Circuit on: Clerk. March 2, 2017 Section 3. This vacation approval is subject to the following condition: 1. Any costs associated with relocation of Publication Charges: $ 9 1. 00 or damage to utilities and new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED this 21 st day of February, 2017. PASSED and APPROVED on 2/21/2017 Approved: Karen Caler Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74042766 March 2, 2017 Subscribed and sworn to before me This -7 day of,44- 1 2017. Notary Public My Commission Expires: 7_10,ql?_;� CATHY WILES Arkansas - Benton Notary Public - Goiilml 1239711- 8 My Goi—nmission Exphcs Fc -,,b 20, 2024 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent.