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HomeMy WebLinkAboutORDINANCE 5954113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5954 File Number: 2017-0053 VAC 16-5688: (3300 W. GROVE DR./PLANET FITNESS): 11�1111111hM11 liti I1I�111111 h14�1111111�111 X11111{11M �4k11 �I111 �I1h1 ��lll 11111{�l Doc ID: 017365030004 Type: REL Kind: ORDINANCE Recorded: o4/07/2017 at i0:02:49 AM Fee Amt: $30.00 Pape 1 of 4 Washington CountV, AR Kyle SVlvester Circuit clerk File201 I7" -00010334 AN ORDINANCE TO APPROVE VAC 16-5688 FOR PROPERTY LOCATED AT 3300 W. GROVE DRIVE TO VACATE A WATER/SEWER 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 water/sewer 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 water/sewer 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 2/22/17 Ordinance: 5954 File Number.' 2017-0053 PASSED and APPROVED on 2/21/2017 Page 2 Attest: �tisitri►r Sondra E. Smith, City Clerk`�ier 4 ' Far rive tf "'AJ ��■ �rJ • y 1 y■pts] �ryry QG,, tti Printed on 2/22/17 Exhibit MA' $87'04' 9" VAC 16-5688 15.00' .t'�'� :�--• 1111 � _ � N J X111 Grid North I f 1>�9 ° o Not To Scale In LO Planet Ftness /1 ° © 04 04 3t BrI Concrete Block 8 1 / / r Brick Veneer Building Ex. 20' Utlliky t?eserrlerlt • v � (3300 W. Grave Dr.) Plat # 2010-00001296 °� r- , . ^ Proposed Plat # 0024-00000007 p N x Lot 1 N --..� e � � rrlfll�rtl Ex. 15' Smitery Sewer Easement 1 ( Book 1231, Page 166 ' li © © (To Be Vacated) / Ex. 20' utility Easement "�.. POB / . Plat # 0024-DG=007 j • N87•Q4'19'1N 367.05' POC N87'04'1 9"W 15.00' ,% I 15'EasementVacated �� I n By Ordinance #5192 / File #2009-=313552 • i ` a I Easement Vacation Description: Part of the Northwest Quarter Southwest Quarter (NW1/4 SWI/4) of Section 7, Township 16 North, Range 30 West, of the Fifth Principal Meridian, being more particularly described as follows: Commencing at an existing one-half inch (1/2") rebar on the east line of said Northwest Quarter Southwest Quarter (NWI/4 SW1/4) of Section 7, from which the Southeast Corner of said Northwest Quarter Southwest Quarter (NW1/4 SW1/4) of Section 7 bears South 02.08'11" West, 799.8 feet, more or less. Thence from the commencing point and by bearing and distance (basis of bearing, Grid North), North 87°04'19" West a distance of 367.05 feet to the POINT OF BEGINNING; thence North 87'04'19" West a distance of 15 feet; thence North 02"07'41" East a distance of 215 feet; thence South 87004'19" East a distance 15 feet; thence South 02°07'41" West a distance of 215 feet to the Point of Beginning. MORRISON kol SHIPLEY ENGINEERS ■ SURVEYORS 7407 SE Cottonwood Smoot . SentonvllN, AR 77714 . 470.479.7709 . marA•on WPMy.aam t `Calculated Point SE Comer Easement Being Vacated Frac.,NW114 SW1/4 S7-T16N-R30W MORRISON- =F" ¢ SHIPLEY v = ENGINEERS, INC. `�. No. 281 '_RKANW ``��11111111f/f� Z. .�Q p�ESS.. 4 i' STATE OF % ARKAN t G • O. • '� i L) A • ♦r +ei11••arr7lis�1, ��•► EXHIBIT "A n JDr DOIEASEMENT VACATION 11,0.16 PP�.1 N., WAP -64 Fayetteville, Washington County, Arkansas anui*vN.vn. ESMT X-191 EXHIBIT 'B' 16-5688 Legal Description of Utility Easement to be Vacated Part of the Northwest Quarter Southwest Quarter (NWI/4 SWI/4) of Section 7, Township 16 North, Range 30 West, of the Fifth Principal Meridian, being more particularly described as follows: Commencing at an existing one-half inch (1/2") rebar on the east line of said Northwest Quarter Southwest QuartOr (NWI/4 SWI/4) of Section 7, from which the Southeast Corner of said Northwest Quarter Southwest Quarter (NWI/4 SWI/4) of Section 7 bears South 02°08'11" West, 799.8 feet, more or less. Thence from thE! commencing point and by bearing and distance (basis of bearing, Grid North), North 87°04'19" West a distance of 367.05 feet to the POINT OF BEGINNING; thence North 87°04'19" West a distance of 15 feet; thence North 02°07'41" West a distance of 215 feet; thence South 87°04'19" East a distance 15 feet; thence South 02°07'41" West a distance of 215 feet to the Point of Beginning. Washington County, AR I certify this instrument was filed on 04107!2017 10:02:49 AM and recorded in Real Estate File Number 201 0334 Kyle Sylvester CirCWi by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 n f Text File File Number: 2017-0053 Agenda Date: 2/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 VAC 16-5688: (3300 W. GROVE DR./PLANET FITNESS): AN ORDINANCE TO APPROVE VAC 16-5688 FOR PROPERTY LOCATED AT 3300 W. GROVE DRIVE TO VACATE A WATER/SEWER 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 water/sewer 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 water/sewer 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 2017-0053 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 16-5688: Vacation (3300 W. GROVE DR./PLANET FITNESS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3300 W. GROVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 9.81 acres. The request is to vacate a water/sewer easement. Budget Impact: Account Number Fund Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title Approval Date: V20140710 CITY OF ay U ARKANSAS MEETING OF FEBRUARY 21, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO) THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: February 3, 2017 SUBJECT: VAC 16-5688: Vacation (3300 W. GROVE DR./PLANET FITNESS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3300 W. GROVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 9.81 acres. The request is to vacate a water/sewer easement. RECOMMENDATION: Planning Division staff and the Planning Commission recommend approval of VAC 16-5688 with the following condition: Condition of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. BACKGROUND: The subject water/sewer easement is on the east side of Salem Road between Wedington Drive to the north and Jewell Road to the south. According to Washington County records, the easement was dedicated in May of 1987, but has never been used for the provision of any utility. Along with many of the surrounding properties, the lot in which the easement lies is a part of the Forest Hills Residential Planned Zoning District (R-PZD). Currently, the subject easement lies almost entirely under the 20,000 square foot Planet Fitness building approved by the Planning Commission as a Large Scale Development in May of 2012. Throughout the R-PZD's development several easements of varying types were platted, re -platted, and vacated as development necessitated. The easement which is the subject of this vacation request was not noted on the approved large scale development site plan or associated easement plat, and the building was subsequently built over it. When the applicant submitted a lot split proposal on the subject property in November of 2016, it became apparent that the easement is still on record, although no utilities have been identified in the location. Proposal: The applicant proposes vacation of a water and sewer easement as depicted on the attached Exhibit 'A' and Exhibit 'B'. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A • Exhibit B • Application • Planning Commission Staff Report Exhibit 'A' VAC 16-5688fjl ` Ex, 20' Utility EaSBment! Plat # 2010-00001296 Plat # 0024-00000007 Ex, 20 Utility Easement Plat # 9424-00NO007 1 + '0 M r i I S87'04'1 9"E 15.00' 011 O O -r� ",If 0 0 117 ui CV C'4 Planet Fitness LLI Ex, Concrete Block 8 Brick Veneer Building _ 1 y (3300 W, Grove Dr.) V r._ Proposed CN Lot its Ex, 15' Sanitary Sewor Easement Book 1231, Page 166 © (To Be Vacated) POB it .., , N87 oa��1 g , 19 Easerrlent Varate l s By Ordinance #5192 / File # 2008.00038b52 Grid North Not To Scale � 1 1 367.03',' POC ,ff // mac - - jar / = •�'` � -- >��" f� ��``� � 1nW _=� IAislt. Easement Vacation Description: Part of the Northwest Quarter Southwest Quarter (NW1/4 SW1/4) of Section 7, Township 16 North, Range 30 West, of the Fifth Principal Meridian, being more particularly described as follows: Commencing at an existing one-half inch (1/2") rebar on the east line of said Northwest Quarter Southwest Quarter (NW1/4 SW1/4) of Section 7, from which the Southeast Corner of said Northwest Quarter Southwest Quarter (NW1/4 SW1/4) of Section 7 bears South 02°08'11" West, 799.8 feet, more or less. Thence from the commencing point and by bearing and distance (basis of bearing, Grid North), North 87°04'19" West a distance of 367.05 feet to the POINT OF BEGINNING; thence North 87°04'19" West a distance of 15 feet; thence North 02°07'41" East a distance of 215 feet; thence South 87°04'19" East a distance 15 feet; thence South 02°07'41" West a distance of 215 feet to the Point of Beginning. MORRISON� SHIPLEY ENGINEERS - SURVEYORS 2107 SE Cott—wood Stre.t . 13—b—vkN, AR 72712 . 478,273,2209 - more nshlp1.Y•..m r �rrrR• :r OF 441% rr4 ZgorR pMORRISON- SHIPLEY W +0. V ENGINEERS, INC. z No. 281` ^rjlo,e Calculated Point SE Corner Frac., NW1/4 SWI/4 S7-T16N-R30W t\� r -y fyi �jJUI OJIr {/{ • .e q � ` STATE OF '*�tf] U&? ARKAN • — O. z'. •'r y .• It EXHIBIT nA n EASEMENT VA CA TION JD5 0.1.E 11,30.16 pr'".r N., Fayetteville, Washington County, Arkansas WAP -64 LYaw•p N.nw CSWIi E%NI@IT EXHIBIT 'B' 16-5688 Legal Description of Utility Easement to be Vacated Part of the Northwest Quarter Southwest Quarter (NWI/4 SWI/4) of Section 7, Township 16 North, Range 30 West, of the Fifth Principal Meridian, being more particularly described as follows: Commencing at an existing one-half inch (1/2") rebar on the east line of said Northwest Quarter Southwest QuartMr (NWI/4 SWI/4) of Section 7, from which the Southeast Corner of said Northwest Quarter Southwest Quarter (NWI/4 SWI/4) of Section 7 bears South 02°08'11" West, 799.8 feet, more or less. Thence from thE! commencing point and by bearing and distance (basis of bearing, Grid North), North 87°04'19" West a distance of 367.05 feet to the POINT OF BEGINNING; thence North 87°04'19" West a distance of 15 feet; thence North 02°07'41" West a distance of 215 feet; thence South 87°04'19" East a distance 15 feet; thence South 02°07'41" West a distance of 215 feet to the Point of Beginning. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement -or Ailey VACATION FOR STAFF USE ONL Y FEE. $200.00 Date Application Submilted: Sign Fee: $5.00 .Dale Accepted as Complete: S -7-R: Project Number: pph: Public Hearing Date: zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application. Indicate one contact person for this request: Applicant (person making request): Name: Forest Hiils Village, LLG Charles Palmer Address: P.C. Sox 10210 Fort Smith, AR 72917 Applicant V Representative Representative (engineer, surveyor, reallor, etc.): Name: Morrison -Shipley Engineers Patrick Fov Address: 2407 SE Cottonwood Street Bentonville AR 72712 Phone-( 479 ) 783-0209 Phone: ( 479 ) 273-2209 Email: office almer@me.com Email: p(oy2morrisonshipley.com Fax•( Fax:( } ^ Site Address / Location: Lot 5 of Forest Hills - W. Jewell Rd. and Satem. Rd Legal description of area to be vacated (attach separate sheet if necessary). Please see 51gached Current Zoning District: PZb Assessors Parcel Number(s) for subject property: 765-29415-000 FINANCIAL INTERESTS The following entities and /or people have financial interest in this project: Forest Hills Village, LLr4 ,_.. DGGelnber 2014 page 1 API'LIC,-T N?'/REPRESIsIVTATIVE: I certify under penally of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (pr;inted�,__Patrick Foy Date: 11-28-2( PROPERTYOWNfR(S) /A UTHORIZE D A GEA7: Uwe certify under penalty ofperjury that I aniAve 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. fIfsIgned hip the with rrireel aL ol. it lertr:r• from each moyern, rift wr rrutsf lie nrni+infer! irt(fiy aling flint rite agent is twrltnrrae d to rove on hisfher• finial{.) Owners (allach additional ilrfo if necessrrrp). Name ( rinted): Qharles Palmer Address: P.O. Box 10210 yy� Fort Smith. AR 72917 Date: f /— -2� 9—/ �, Phone: ( 479 ) 783-0209 Name (printed): Address: re: Date: Phone: Vacation Checklist: ,4twh the fbllowing dents to !Iris applicadon., (1) payment in full of applicable fees for processing the application: $200.00 application fee 55.00 public notification sign fee (2) Metes and bounds legal description ofthe area to be vacated, not the entire property (this may be included on the survey plat). (3) -Survey of the site depicting the perimeter property lines and area within the property to be vacated. (4) CD containing a copy of the legal description in MS Word and PDi' copies of the signed application and all outer ite1115 submitted with this project. (5) A surveyor should stake the area on the site to be vacated for utility company review on their site visit. (6) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Abstractor's Certificate of Ownership stating names of all owners of property adkjacent to the street right-of-way, alley, or easemettt 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 tram the Washington County website (wtivly.co.wasl)ir>gton.ar.LiS). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. December 2014 Pop 2 9 (9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached). (10) For applications to vacate an access easement, alley or right-of-way only: Written consent is required from all adjacent property owners and is required to be submitted with the application (example form is attached). (11) Comments from all utility companies concerning the street right-of-way, alley, or easement to be vacated and its relationship to existing or planned utilities with recommendations as to what action should be taken (an example comment form is attached) is required at application submittal, (12) The applicant is responsible for meeting the public notification requirements for a Vacation listed on the Notification Requirements pages in this application. Utility Representatives for a Vacation. Request * Dame Company Telephone Emall Jeff Hamilton AT&T 442-1967 jh5430@att.com Chad Hodge Cox Communications 365-2402 Chad.Hodge r,cox.00m John Le AEPISWEPC© 973-2426 ttle cQr aep.com Scott Stokes Source Gas 435-0229 Scott.Stokes@sourcegas.com sourcegas.com Wes Mahaffey Ozarks Electric 684-4649 wmahaffey@ozarkseec.com Or Mike Phipps 684-4696 mphipps@ozarksece.com City Divisions: Mark Rogers Water and Sewer 575-8392 mrogcrs@fayetteville-ar.gov Maury Nelson Solid Waste 575-8397 mnelson@fayemeville-ar.gov "Terry Gulley "transportation 444-3491 tguiley@fayeueville-ar.gov *Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage Easement Vacation is being requested. December 2014 Page 3 CITY OF �Tay%sI I C ARKANSAS I fel FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Jonathan Curth, Senior Planner January 23, 2017 (Updated with Planning Commission Results) SUBJECT: VAC 16-5688: Vacation (3300 W. GROVE DR./PLANET FITNESS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3300 W. GROVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 9.81 acres. The request _ is to vacate a water/sewer easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5688 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject water/sewer easement is on the east side of Salem Road between Wedington Drive to the north and Jewell Road to the south. According to Washington County records, the easement was dedicated in May of 1987, but has never been used for the provision of any utility. Along with many of the surrounding properties, the lot in which the easement lies is a part of the Forest Hills Residential Planned Zoning District (R-PZD). Currently, the subject easement lies almost entirely under the 20,000 square foot Planet Fitness building approved by the Planning Commission as a Large Scale Development in May of 2012. Throughout the R-PZD's development several easements of varying types were platted, re -platted, and vacated as development necessitated. The easement which is the subject of this vacation request was not noted on the approved large scale development site plan or associated easement plat, and the building was subsequently built over it. When the applicant submitted a lot split proposal on the subject property in November of 2016, it became apparent that the easement is still on record, although no utilities have been identified in the location. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Zoning and Land Use Direction Land Use Zoning North Undeveloped_ R-PZD, Residential Planned Zoning District Forest Hills South Undeveloped R-PZD, Residential Planned Zoning District Forest Hills East Multi -family residential R -O, Residential Office West Commercial retail/restaurants R-PZD, Residential Planned Zoning District Forest Hills Proposal: The applicant proposes vacation of a water and sewer easement that was previously not vacated during development on the subject property, and which was subsequently built over. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the applicable City utility department: City of Fayetteville Water/Sewer Response No objections Public Comment: No public comment has been received. There was not a requirement to notify adjacent property owners due to the easement's location entirely within the subject property. RECOMMENDATION: Staff recommends forwarding VAC 16-5688 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities or the adjacent existing structure shall be at the owner/developer's expense. Planning Commission Action: ® Approved O Forwarded Meeting Date: January 23, 2017 Motion: Selby . Second: Autry Vote: 7-0-0 BUDGET/STAFF IMPACT: None. Attachments: • Request Letter • Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map • Current Land Use Map O Denied GAETC\Development Services Review\2016\Development Review\16-5519 VAC McMillan & Wedington (Fitness One) 441\ 03 Planning Commission\08-22-2016 16-5688 Request Leger M RRISON SHIPLEY ENGINEERS � SURVEYORS December 14, 2016 City of Fayetteville Planning Commission 125 W. Mountain St. Fayetteville, AR 72701 Re: Utility Easement Vacation on Lot 5 of Forest Hills Dear Planning Commission, A Utility Easement Vacation is being requested for an existing utility easement on Lot 5 of Forest Hills. The subject property is located at the northeast corner of Salem and Jewell off Wedington. It was found while preparing a lot split of Lot 5 that a stranded Utility Easement is still in place and located partially under the existing Planet Fitness. It is our goal on behalf of Forest Hills Village, LLC to vacate the U/E to clean up the property. Attached, please find the U/E Vacation Exhibit with Legal Description, a map and list of adjacent owners, a petition from the owners, and com-rents from the water and sewer department. Comments from adjacent owners were not obtain since the easement is located within Lot 5. The petition from the owners will act as comments from adjacent owners if needed. If you have any questions or need additional information, please contact me at (479)273-2209. Sincerely, Morrison -Shipley Engineers, Inc. Patrick Foy, E.I. Project Manger 16-5688 Petition to Vacate PETITION TO VACATE A UTILITY EASEMENT LOCATED IN LOTS OF FOREST HILLS CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and City Council We, the undersigned, being all the owners of the real estate abutting the utility easement hereinafter sought to be abandoned and vacated, lying in Lots of Forest Hills, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility easement which is described as follows: Please see attached Exhibit for Legal Description and visual aid of Utility Easement to be Vacated. That the abutting real estate affected by said abandonment of the alley is Lots of Forest Hills, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described utility easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easepaents'and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by late_ WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 81 day of December . 20 16 r4 s2 r G � l Printed Name 11r14xiA,—rte sls ignatures rinted Name Signature r S 16-5688 Utility Approval FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: December 8, 2016 UTILITY COMPANY: City of Fayetteville - Water and Sewer Department APPLICANT NAME: Patrick to w/ Morrison -Shipley APPLICANT PHONE: 479-273-2209 REQUESTED 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 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address 3300 Grove Dr, Fayetteville, AR 72701 - Lot 5 of Forest Hills V (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location,, dimensions, and purpose below.) No objections provided the following conditions are met: Signature o ' Utility Coin lai y Representative G� � S' aP �Xq~T� o �s ,�-�✓� G� Title Decen+ber 2014 Page 5 16-5688 Easement Vacation `r,!i` Exhibit ,:,i`�• ,� � X11, W Y' Y Plat # 2010-00001296 / Plat # 0024.00000007 / % I Ex. 20' Utilify Easement j� Plat A 0024-013000007 i Easement Vacation Description:• J1 S87'04'19"E.-. •. g1 S ,r 15.00' `//ifs / C '��j�1111�rf('r I W, � \\ Planet Fitness 1 1 Ex. Concrete Block & J 111 l Brick Veneer Building ) (3300 W. Grove Dr. p1 r o Proposed .l 1 N Lf{��/l.. Lo! 21q 1 Ex, 15' SBntlary Sewer Easement �( Book 1231, Page 166 r (To Be Vacated) ! POB %f f \ -LN87°04 ig"V4 367.05' POC 15.00' r / %A %/f ✓� 15" Easement Vacated By Ordinance #5192 File # 2006.00 3f8/5552ff j j - 7— Part of the Northwest Quarter Southwest Quarter (NW1/4_SW1/4) of Section 7, Township 16 North, Range 30 West, of the Fifth Principal Meridian, being more particularly described as follows: Commencing at an existing one-half inch (1/2") rebar on the east line of said Northwest Quarter Southwest Quarter (NW1/4 SW1/4) of Section 7, from which the Southeast Corner of said Northwest Quarter Southwest Quarter (NW1/4 SWI/4) of Section 7 bears South 02°08'11" West, 799.8 feet, more or less. Thence from the commencing point and by bearing and distance (basis of bearing, Grid North), North 87°04'19" West a distance of 367.05 feet to the POINT OF BEGINNING; thence North 87°04'19" West a distance of 15 feet; thence North 02°07'41" East a distance of 215 feet; thence South 87°04'19" East a distance 15 feet; thence South 02°07'41" West a distance of 215 feet to the Point of Beginning. of k, y� r, ' (z MORRISON- Q SHIPLEY 0 U = ENGINEERS, INC.; z No. 281 ' Grid North Not To Scale Calculated Point SE Corner Frac., NW114 SW114 S7-T16N-R30W `**`���ittl�i�riii�r �yy�ESSIp 4 e STATE OF �f1 ARKANS • , f O. 5 7 3 r G A E • ' y" r J or-wn Bi^ . EXHIBIT "A" JOS MORRISON SHIPLEY EASEMENT VACATION 0.1.I1,]b.16 ENGINEERS ■ SURVEYORS P► -)-r N.' WAP -61 Fayetteville, Washington County, Arkansas .&w- 7407 SE Cottonwood onwd StrutB- - b -111o. AR 72712 . 479,973,2909 - morrl[ n hlvly. ESMT EXHIBIT VAC 16-5688 PLANET FITNESS One Mile View NORTH I- I 0 0-125 0.25 0.5 Miles "' '^••'�• � I � RSP' -I pZ t O k, O TELI.URIUE P7,� �a CHEVAUX DR Subject Easement R -O BLACK FOREST DR G OV�OR ,,q��OR JEWELL RD RPZD NS R -A ROCKF®{;D p, rq c RMV -24 t7 � O eeeaeanss 407 IiSF-4 . tr.. ..... ... ... .. �, gens Hasa.... ....... .............. � .... IIIC `� IL Zoning EXTRACTION Legend RESIDENTIALSINGLE-FAMILY =­ . ^I�°Eei COMMERCIAL ' � � 7 ��� RSF S nliai Olficc Planning Area 1 I i——, _.; _ _ Fayetteville City Limits ❑ R:R_a FORM BASED DISTRICTS W?4a�nim�n care "•i3° Shared Use Paved Trail 35F.e RESIDENTIAL MULTI -FAMILY t^b, res en ere — '1US RT 1 a zR ..1.lT.--Tree 1-1y�U°wm°rvn Gerierai a a tt Trail (Proposed) R" L_._. Design Overlay District A RMF 10 '�eigbb°ib°°tl Services �t�,=neyno°mooa c°^�rvai�°^ PLA NN EDZONINGDISTRICTS Planning Area raiR11R �°m 1Z ro,,a Re„tle^ ° Building Footprint INDUSTRIAL w °mme,°a a^tl gbI m° INSTITUTIONAL Fayetteville City Limits �.. !l� a a«.n Immrn VAC 16-5688 PLANET FITNESS Close Up View 0 0 a } C-2 fJ C L3 .r Q: Q J U L•� a2 tC of Subject Easement BLACK FOREST DR R/ t to R-0 ty a RP%il p 4 RMF -24 r. f�j f NORTH Legend RMF -24 ' 'Planning Area Residential -Office -_+ Feet c-1 Fayetteville Cit Limits Y Y C-2 =Trail (Proposed) 0 75 150 300 450 600 Commercial, Industrial, Residential Building Footprint 1 inch = 200 feet VAC 16-5688 Current Land Use PLANET FITNESS NORTH P St rC i ' ,I.�Mh � �� � � R ♦ Y;.� r � X80 . I . w--EErfRfC� # 79 •:--i�� 'e>1-- �rrr frrrs-rtr�rr�:rrzrrttrYTr JJ4Subject Easement t; 7 I FLACK All /Jfl k 7(1' AP F N' '• 7 sib 1 / 2' '' AF I J do " �' y I Multi Family r ff lmartghborhood Market r �� 7 r0�r �` -�, "... `.. '�'7 I~.�•i 1 l 7'3f.f-'7`y Street FEMA Flood Hazard Data COLLECTOR PRINCIPAL ARTERIAL IFro-year FI[3nrJlil yin r e r e Trail (Proposed) Feet Floodway VAC 16-5688 0 County Parcels 0 75 150 300 450 600 �r Planning Area 1 inch = 200 feet r Fayetteville City Limits NORTI-IWEST ARKANSAS vemocrat, 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. 5954 Was inserted in the Regular Edition on: March 2, 2017 Publication Charges: $ 91.00 aren Caler Subscribed and sworn to before me This --7 day ofxall—, 2017. &Z7a,l Notary Public , / My Commission Expires: 024. CAT C 1 Y WILES Ar4<ansas - h3el;:cn Coni^ty Notary Pub 1IC - Cm, 2 32 7118 My Cornrris<aor Expires F.1b 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. MAR 0 9 Z017 C6►n CLERK'S OFFICE Ordinance: 5954 Pile Number: 2017-0053 VAC 16-5688: (3300 W. GROVE DR./PLANET FITNESS): AN ORDINANCE TO APPROVE VAC 16-5688 FOR PROPERTY LOCATED AT 3300 W. GROVE DRIVE TO VACATE A WATER/SEWER EASEMENT WHEREAS, the City Council has the authority under A.C.A. j 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 water/sewer 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 water/sewer 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 21st day of February, 2017. PASSED and APPROVED on 2/21/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74042896 March 2, 2017