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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
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0 0-125 0.25 0.5 Miles "' '^••'�•
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CHEVAUX DR
Subject Easement
R -O BLACK FOREST DR
G OV�OR ,,q��OR
JEWELL RD
RPZD
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c RMV -24
t7 �
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eeeaeanss 407 IiSF-4
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Zoning
EXTRACTION
Legend
RESIDENTIALSINGLE-FAMILY
=
.
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COMMERCIAL
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RSF S
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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
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of
Subject Easement
BLACK FOREST DR
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to
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ty
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p
4
RMF -24
r.
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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