HomeMy WebLinkAboutORDINANCE 5978113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 5978
File Number: 2017-0238
VAC 17-5751 (1541 W. MLK BLVD./ MONROE EATON, LLC):
IIII III VIII IIIIIII I VIII VIII IIII VIII III II VIII VIII III III IIII
Doc ID: 017493560004 Type: REL
Kind: ORDINANCE
Recorded: 06/15/2017 at 02:21:41 PM
Fee Amt: $30.00 Page i of 4
Washington County, AR
Kyle SVlve11ster Circuit Clerk
File201 7 -00018073
AN ORDINANCE TO APPROVE VAC 17-5751 FOR PROPERTY LOCATED AT 1541 WEST MARTIN
LUTHER KING, JR. BOULEVARD TO VACATE A PORTION OF A STREET RIGHT OF WAY
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 street right-of-way is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of unbuilt
street right-of-way 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 condition that any relocation or damage to existing
utilities shall be at the owner/developer's expense.
PASSED and APPROVED on 5/16/2017
Page 1 Printed on 5/17/17
Ordinance: 5978
Re Number 2017-0238
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Sondra E. Smith, City Clerk Teas7er �I fim,
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VAC 17-5751 M O N RO E EATO N , LLC 17-5751
close up view EXHIBIT 'A'
MITCHELL ST
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VENUS ST
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FARMINGTON ST
Subject Easement
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Legend
Planning Area
1
Fayetteville City Limits
Feet
Shared Use Paved Trail
Trail (Proposed) 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
'J&
NORTH
RMF -24
1-1Heavy Commercial and Light Industrial
Residential -Office
C-2
Uman Thoroughfare
T,* Community Services
Commercial, Industrial, Residential
P-1
17-5751
EXHIBIT 'B'
March 1, 2017
RIGHT-OF-WAY VACATION
A TRACT OF LAND BEING LOCATED IN A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4
SE1/4) OF SECTION 17, BEING LOCATED IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, ALSO BEING A PART OF SUNSET ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS RECORDED IN
FILE NUMBER 4-00000046 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SW1/4 SE1/4 AND RUNNING THENCE S02°2012611W FOR A
DISTANCE OF 36.53 FEET, THENCE RUN S85°43'38"W FOR A DISTANCE OF 899.56 FEET; THENCE RUN N04°16'22"W
FOR A DISTANCE OF 23.06 FEET, THENCE RUN S85°42'45"W 100.17 FEET; THENCE NO2°25'39"E 143.89 FEETTO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, SAID POINT BEING ON THE SOUTH LINE OF SAID SECTION,
RUNNING THENCE NO2°25'39"E 30.00'; THENCE S86°47'27"E 278.41'; THENCE S00°12'40"W 30.04'; THENCE
N86°47'27"W 279.57' TO THE POINT OF BEGINNING.
524 W. SYCAMORE ST, SUITE 4 • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 47 9-5 8 2- 1 8 83
Washington County, AR
I certify this instrument was filed on
06/15/2017 02' PM
and recorde in
File Number 17-0 0180
Kyle Sylvest - rcuit Cle k
by
ORDINANCE NO.
AN ORDINANCE TO APPROVE VAC 17-5751 FOR PROPERTY LOCATED AT 1541 WEST
MARTIN LUTHER KING, JR. BOULEVARD TO VACATE A PORTION OF A STREET
RIGHT OF WAY
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 street right-of-way is
not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion
of unbuilt street right-of-way 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 condition that any relocation or damage to
existing utilities shall be at the owner/developer's expense.
PASSED and APPROVED this 16th day of May, 2017.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
F Text File
File Number: 2017-0238
Agenda Date: 5/16/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 5
VAC 17-5751 (1541 W. MLK BLVD./ MONROE EATON, LLC):
AN ORDINANCE TO APPROVE VAC 17-5751 FOR PROPERTY LOCATED AT 1541 WEST
MARTIN LUTHER KING, JR. BOULEVARD TO VACATE A PORTION OF A STREET RIGHT OF
WAY
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 street right-of-way is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of
unbuilt street right-of-way 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 condition that any relocation or damage to
existing utilities shall be at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 511712017
City of Fayetteville Staff Review Form
20.7-0238
Legistar File I3
5/16/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
City Planning/
Andrew Garner 4/28/2017 Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 17-5751: Vacation (1541 W. MLK BLVD./MONROE EATON, LLC., 521): Submitted by BLEW & ASSOCIATES, INC.
for property located at 1541 W. MLK BLVD. The property is zoned CS, COMMUNITY SERVICES and contains
approximately 1.80 acres. The request is to vacate a portion of a street right of way.
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
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
V20140710
CITY OF
T**4
1+
Ale
e
ARKANSAS
MEETING OF MAY 16, 2017
TO: Mayor and City Council
THRU: Andrew Garner, Planning Director
FROM: Quin Thompson, Current Planner
DATE:. April 28, 2017
CITY COUNCIL AGENDA MEMO
SUBJECT: VAC 17-5751: Vacation (1541 W. MILK BLVD./MONROE EATON, LLC.,
521): Submitted by BLEW & ASSOCIATES, INC. for property located at
1541 W. MLK BLVD. The property is zoned CS, COMMUNITY SERVICES
and contains approximately 1.80 acres. The request is to vacate a portion
of a street right of way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 17-5751 with the following
condition of approval:
1. Any relocation or damage to utilities of existing facilities shall be at the
owner/developer's expense
BACKGROUND:
The property is located on Martin Luther King Boulevard between Eastern Avenue and Arbuckle
Lane. The property is currently zoned as CS, Community Services, and contains approximately
1.8 acres. The property was the former site of Seven Hills Shelter and a car wash which have
both been demolished in recent months.
Proposal: The applicant proposes vacation of a portion of unbuilt street right-of-way as depicted
in Exhibit `A' and described in Exhibit `B' (comprising 13,030 square feet). The applicant is
preparing the site for redevelopment.
DISCUSSION:
On April 24, 2017 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 8-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
VAC 17-5751 M O N RO E EATON, LLC 17-5751
dose Up view EXHIBIT A.
VENI-Is ST
R-0
z
LU
LU
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'/1111 iFklilTrkfEEt:K- if -BLVD--
Subject Easement
r
FARMINGTON ST c
C�
m
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MITCHELL ST
RNIF-24
RPLD
Legend
' Planning Area
4
' Fayetteville City Limits
Feet
Shared Use Paved Trail
Trail (Proposed) 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
RMF -24
1-1Heavy Commercial and Light Industrial
Residential -Office
C-2
® Urban Thoroughfare
Community Services
Commercial, Industnal, Residential
P-1
17-5751
EXHIBIT 'B'
March 1, 2017
RIGHT-OF-WAY VACATION -
A TRACT OF LAND BEING LOCATED IN A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4
SE1/4) OF SECTION 17, BEING LOCATED IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, ALSO BEING A PART OF SUNSET ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS RECORDED IN
FILE NUMBER 4-00000046 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SW1/4 SE1/4 AND RUNNING THENCE S02°20'26"W FOR A
DISTANCE OF 36.53 FEET; THENCE RUN S85°43=38"W FOR A DISTANCE OF 899.56 FEET; THENCE RUN N04'16'22"W
FOR A DISTANCE OF 23.06 FEET; THENCE RUN S85°42'45"W 100.17 FEET; THENCE NO2°25'39"E 143.89 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, SAID POINT BEING ON THE SOUTH LINE OF SAID SECTION,
RUNNING THENCE NO2°25'39"E 30.00'; THENCE S86°47'27"E 278.41'; THENCE S00°12'40"W 30.04'; THENCE
N86°47'27"W 279.57' TO THE POINT OF BEGINNING.
524 W. SYCAMORE ST, SUITE 4 • FAYETT"EVILLE / ARKANSAS • 72703
PHONE: 47 9- 4 4 3- 4 5 0 6 FAX: 47 9- 5 8 2- 1 8 83
I I- y 0 F
T4"
y VioaC PLANNING COMMISSION MEMO
ARKANSAS
TO: City of Fayetteville Planning Commission
THRU: Andrew Garner, Planning Director
FROM: Quin Thompson, Planner
MEETING DATE: April--�Q!7, UPDA;�';D4126/2017
SUBJECT, VAC 17-5751: Vacation (1541 W. MLK BLVD.IMONROE EATON, LLC.,
521): Submitted by BLEW & ASSOUIATES. INC for Property lorated at
1541 W. MLK BLVD. The property is zoned CS, COMMUNITY SERVICES
and contains approximately 1,80 acres, The request is to vacate a portion
of a street right of way.
RECOMMENDATION:
Staff recommends forwarding VAC 17-5751 with conditions of approval.
BACKGROUND:
The property is located on Martin Luther King Boulevard between Eastern Avenue and Arbuckle
Lane The property is currently zoned as CS, Community Services, and contains approximately
1,8 acres, The property was the former site of Seven Hills Shelter and a car wash which have
both been demolished in recent months. The surrounding zoning and land uses are depicted in
Table 1,
Table I - Surrounding Zoning an -d Land Use
Direction Land Use zoning
from Site
North --Commerdal Retail/Restaurant C2, Thoroughfare Commercial
South U-ndevelopedlRai [road ROWUT, Urban Tborouqjhfare
East -
Commercial Retail/Restau rant C2, Noro69�fa —�Commercial
WestIndustrial 1-11, Heavy Commercial/Light Industrial
Proposal: The applicant proposes vacation of a portion of unbuilt street right-of-way depicted in
an exhibit provided by the applicant {comprising 13,030 square feet}. The applicant is preparing
the site for redevelopment.
DISCUSSION:
W7,ication Approval: The applicant has submitted the required vacation forms to the City utility
departments, with the following responses,
City of Fayetteville
Cox Cable
Mailing Address:
113 W. M;Juf)taio street
Fayetteville, AR /2101
Response
Relocation or damage of equipment will be at
the developer's expense,
W1 W. (a April 24, 201
vV
yettevi He- ar.(KWenda Item
17-5761 (Monroe Eaton, LLC
Page 1 of 1
AT&T
Black Hills Energy
AEPISWEPCO
Ozarks Electric
Recycling & Solid Waste
Water/Sewer
Transportation
Relocation or damage of equipment will be at
the developer's expense.
No objections
Provide easement around down guy wire
and anchor on the west side. Provide
easement along the east property line to
cover existing service
No objections
No objections
No objections
No objections
Adjacent Property Owner (►Nest)
Angela Stevens No objections
Public Comment: No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 17-5751 with the following conditions,
ConcUtions of Approval;
1. Any relocation or damage to utilities of existing facilities shall be at the owner/developer's
expense,
2. Easembnt shall be provided around down guy wire and anchor on the west side and along
the east property line to cover existing service.
PLANNING COMMISSION ACTION:
Date: April
24. 2017 71 Tabled
Motion:
BROWN
Second:
HOFFMAN
Vote:
8-0-0
BUDGETISTAFF IMPACT:
None.
Attachments:
4 Request Letter
Required YES
X Forwarded 1771 Denied
Planning Commission
i
April 24, 2017
G:TTODeveloprnent Serves ReviewV0170evelopment ReviewW-5751 VAC 1541 W, MILK Agenda Item 21
Blvd, Monroe Eaton, LLC) 521W Planning Commissiot)),04-I0-2017t(,omments and Redlines 17-57511 (Monroe Eaton, LLC)
Page 2 of 171
Petition to placate
Adjacent Property Owner Approval
Utility Approvals
Vacation Exhibit
One Mile Map
Close Up Map
Planning Commission
April 24, 2017
GAETC1Cevelopment Services Reviewt20170evelopmant RevieW7-5751 VAC 1541 w MLK Agenda Item 2
Blvd, (Monroe Eaton, LLC) 521W Planning Commissionl04-10-20171Cornmerxts and Redlines 17-5751 (Monroe Eaton, LLC)
Page 3 of 17
BLEW & ASSOCIATES, ISA
CIVIL ENGINEERS & LAND SURVEYORS
March 1, 2017
PETITION TO VACATE A right-of-way LOCATED IN Sunset Addition, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and The Fayetteville City Council
Our client, Monroe Eaton LLC, being the sole owner of all the real estate abutting the unused, platted right-of-way
hereinafter sought to be abandoned and vacated, lying in Sunset Addition, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate a right-of-way which is described as follows:
Right-of-way vacation
A tract of land being located in a part of the southwest quarter of the southeast quarter (sw1/4 set/4) of section 17,
being located in township 16 north, range 30 west, Washington county, Arkansas, also being a part of sunset addition
to the city of Fayetteville, Arkansas, as recorded in file number 4-00000046 of the records of Washington county,
Arkansas, and being more particularly described as follows, to -wit:
Commencing at the southeast corner of said sw1/4 set/4 and running thence s42"20'26"w for a distance of 36.53
feet; thence run s85"43'38"w for a distance of 899.56 feet; thence run N04'16'22"W for a distance of 23.06 feet;
thence run 585_°42'45"W 100.17 feet; thence n02°25'39"e 143.89 feet to the point of beginning of the herein
described tract, said point being on the south line of said section, running thence NO2"25'39"E 30.00'; thence
S86°47'27"E 278.41'; thence SOOe12'40"W 30.04'; thence n86°47'27"w 279.57' to the point of beginning.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject, however, to the existing utility easements 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 owner's as
provided by law.
Dated this V day of March, 2017.
Monroe Eaton LLC
John Davidson
Signature
32-I \EC.`. 11°`(: %N11 Eli". ;; 1', St 1'I 1'; 4 * 1,A)'1'.'l`"I'i:A'IL] A. i` _1RhANS \S . -72-703
P II () N 1', 4 7 9- 4 4 _] 1 ry 0 6 11 :1 4 7 1) _ 8 2 1 8 8 _s
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 4 of 17
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Planning Com nission
April -Al, 2017
Agend Item 2
n, LLC)
Page 5 of 17
i.
Planning Com nission
April -Al, 2017
Agend Item 2
n, LLC)
Page 5 of 17
ADJACENT PROPERTY ONER.NOTI.CICAT:ION/APPROVAL VORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION RE, QUESTS
rlcl[lress 1 Iocutsc�n of v:acatinn: ' ' '
A4jaccnt property address: ! 1,
t,ot: Block: Sobdivisiom
Itt:QUI-'.STI D VACATION:
have been notified of the petition to vacate the following (rrllr}; euse x aw, rigftt-r'rf s��ty), described as follows:
(Incierrle legal des°criplimr and grfrphlc representation of it -hat is being vacated)
ADJACENT PROPERTY C}Wf ERSC'C71VAENTS:
I have been notified of the requested vacation and deOine to cosrtment.
I do not uljecr to the vwttjon desctibcd above.
1 dry ubjew to the requestO vatcmion because':
C� C' rJ Itis J -e �/ Gj
Name �
ttiildj,tcettt I'roperiy (��vner (Itrir�tr,U..�� y
Applicant Name
g?rrriahrr 2#14
t `rtge d
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 6 of 17
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, AJUIEY, AND
UTII.ITY EASEMENT VACATIONS
DA,rE,= .2- cam- ,
UTILITY COMPANY.
,,VPLIC?kN'r NAME =� � t CArsTIr r�: ANr ISI toil ;
Rl,"QUIS'lTED VACATION (applicant roust cfreck nif that appty)-.
Utility Fase€hent
Rigia-crl` wtay for alley or streets and all utility easements Iovated tvithia the vacated right- of=way.
ij Ailey
J{. Street right-of-way
! have beery wtified of!he pctitin to vacate the following �;aJFe �, casemcnt, right-vI'?; qv), d€ eribod as follows:
General location I Adds -is
t? (it 77FIC71legal devcrtptivii undgraphic reprtweuladem oj"xhae is hcinA, vacafed-SUR IJ)
( !TI L.ITY t:f)(vIPAN Y ME
No,.)hjectis s to the vacation(s) described ahovc. anti no cc,^rntents.
No objections to the vasa lio€its) dcscrihed above, provided fbfiowing desc! ibed ea��enaants are rctainedd
(State t1w Jocation, dhonsicsna, and ntarposc balm• )
\o athponairN jutivieted tlsa lollowanb ";oIldition_, are. ua�'r:
Signature of Utility [ o€npcamiy R" p xi:ntaalive
6L.11" � � — '.6� -
'i'hle
r... �•m3er �t1l.t
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 7 of 17
UTILITY APPROVAL FORM
EOR RIGHT -Old- WAY, ALLEY, AND
U 111 VY E:ASFAIEiV'I VACATIONS
DA I'll:
I TILITYi C3Nf} ANY: AT Z T
APPL�ICAN'TNrllvtti: .�d_C AP1�L1C'ANT PIiID?F. - .
RE -QUESTED VACA-I ICON (upplicum must ebeck all that alaply):
util'itti Iia, emeatt
Right -,A -wad= for alley or streets, au d all utility easements Incated w4hin the vacmed right- of- way,
Alley
Street right-of-way
I have been jiotifiecl of the petitkm to vacate the following (aifey: e2semeni, described as fz klow'�:
General loration /Address ._ i�t�� �' :� �1-vNv.R_ G v/
f_,i'f%ACP &,gut rAw-ription and graphic eopreventellio n of what is heitkg varated SURVUj
ITII XI Y (_'0M1 'A',y CON'IN'll INTS:
No ob cctior to t}:e e-tcatiort(s) and no ct)nanieats.
Y 'No ob ectior to the vacation{,)dcscribed a€rove, provided remine d-
(Sunie, the Iocatioii, d mcosk)1, and pu pas bae;a,4k.7
f ✓�?r /�" s`.r—� .fir✓l',/ /� �jC`+ta
No objc6o, ns provided th, 1011mving cored€ti€ as:are nict:
r•
ase.,4:atur@ of' lt rtvv Company lic'{+tvr , m live -
i' it1 y
1)ec.'Pmbrr 201
Page f
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 8 of 17
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILI'T'Y TASEMRNT VACATIONS
DATE; 7—f 86J�� /
UTILITY l� x c rtrAArr: ss
APPLICANT NAM&- [fjMW �� _m AP)irl.ICi4l1T PiIOAll3: �� _.1�_.1�
R. iQUUTl31) VACATION (uppAvarrt nursl ehiwk ZU thatONZY).
* Utility>sasernord
❑ ltigbi-of--way for alley or streets and all utility easementa located within the vacated right- of- way.
G Alley
k( - Streetright-uf--way
I have been notified of the pctiiiou to vacate the following (alley, er+seroenr, right-of-way), described as foliows:
General tomtloufAddress
ti (AITAC II k94 dA-Vellpitan and graphk nr preserr NIVIn of Vhal Is haing u0r.4(ed-SURyEF)
i TILd rY COMPANY COMWM S:
.t3 No objections to ote vacations) descritr:d above, and no comments,
Cs No objections to the vscotiou(s) described above, provided following desedhed easements are retained.
(State the location, dimensions, and purpose Wow.)
CI No objr fions provided the following conditions arc met:
Sir�mluro sfUliiifyC.ssrt yRaprestntative
Title —•--
idruwhrl 201.4
Page S
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 9 of 17
UTILITY APPROVAL FORM
FOR RIGHT- 0Ir- WAY, ALLEY, AND
tfi MUTY EASEMENT VACATIONS
17AT13:0 02 1-7
CiTUAT'YCOMPANY; __nANSFPRRTtA__. _ _ t�_
APPLICANT NANIE: _17fW�T,clu �G _ kPPI.TC.ANT PHON1i: t � ' 1 " ..
REQUESTED VACATION (applic4nI »rust check rrt! 1hatOPPIW.
a Utility Pasement
13 Right -of -sway for alley or streets and all utility easements Iccated wilhin the Vacated right -of- wsy.
01 Alley
Street right -or -way
I have been notified ref the petition to vacate the follovying (alley, e`as"emeni, right-of-way), drscrilaed as foilo-ws-.
Genes) location f Address 15'gj Q j*J += 0a t+I�AC22 43LW
0 (1T`l'ACfflegal desertpllon and graphic represerdtiorr 0f )r'hat is trefng VBVI ed-SURKE'Y)
UFlt,l'I'Y COWANY CONNE`hl'1S:
1�J No objections to the vacation{N) desrHbed above, and no comments.
i1 No objcetions to p3•3vided following dtacribed easements are retaincdd
(State the location, dimertaions, and purpose below,)
£] l lq objecticros provided the following conditions are rnet,
$igon ut ul
ti "i 'rtr Company Rcpieserttativc
Title
❑rsambr 2014
Page 3
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 10 of 17
UTILITY APPR OVA], PORN11
FOR RIGHT- OF- WAY, A LLRY, AND
WILITY EAS&NIENT VACATIONS
DATE: 2-/.1- -4- / '- 0 1 �
UTILITY COMPANY� 5gL12
APPLICANT NAW'.- 11w.&k EproAt'LLC APPLICANITHOW LM -
REQUES17RD VkCAT(ON (appficam nuts! check vLl_l flint ayply)-
LJ Utility Faument
El Right -of -Amy for alley or streets and all uflfity "sanwits located within the vacated right- of way.
U Alley
Y-
Street right -01 -way
I hava been notified of the petition, to vacate. The following eusvne't)i, oghf-qf-way), described -.s follows
G,encrollocationlAddress jny'1� MON I -06R NO &�'v
D (A ITACH legal flesel ij)don and Kraphic rep, irsculation qfwhuf is being vui%r1cttV1JR FEY)
0 1 IIXTY rOMPANY COWM, NTS:
Ix No objcvtims tv the vacation(t,,) described above, and no cotnnivnts.
No ob J c 'tulorls to the. vacwion(s) degeribed ahovv provided iollnwmg dc�wiibcd usernewb ivrz rcllraiw�. , I
(Slate the location, dinicnsiODSI, and purpose
1*1 Nio objentioos, provided the followhig, umditiou,,i are met:
� S;ptni [Julay Composly Rciamsentiliw,
, '01
`vitic
1k,vtote, 1111q
Page ",
Planning Commi cion
April 24, 017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 11 of 17
UTILITY APPROVAL FORM
FOR RIGHT- Off'- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY;
APPLICANT NAW _ 1i9�i #:R ftf _�- APPIJCANT PHONii:
REQUESTED VACATION (applr'cacd iiursl check ZLI ►hal apply;):
lJ Iftil[iY�'senccnt
0 Right-of-way for alley or streets and all utility easements located withht the vacated right- of- way.
C Alley
X' Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, righl-of-i zqy), described as follows:
General location l Address L�.•t1 W f -lc J01-VMFA "6_L3-,LV,9
7 (4 TTACU legal lleserlplion and grrrphk repnesent4atlat vftvhm is being vacated -.SURVEY)
li PRATY t O'XPANY COMMENTS:
No objections to the vacation(s) described above, and no coinments,
y—
1 t No objections to the vacation(s) describer) alcove, provided fallo-wing desattbed oaacments are retained,
(State the location, dimensions, and purpose below.)
El No objections pr oviided the following conditions are ntet,
5ignawre of Utility Company 11eprascruativc
—&ANJ
I itle +—�------
00CAmbe" "M
Pogo Z
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 12 of 17
i
YOR RIGII`i°- O1=- WAY, ALLEY, AND
DATF: - r
3
UTILITY COMP3NY:�t- 1_`51,1� ( �.
aha
APPiJCANt"1-1dUM: `7N(11,.'t _f `_ % LL _. Al°1��iC.a'i�:TI'11(?iQ!?1 Lt; jr'� t i a{
E2EQU11STE4D VACATfON (applicaxztmust check uii thrtt rrpp€y,:
Utility Easewcut
LI light -of -way Por altey ale stre,as attci all utility easements located within the vacated right- cif way.
Y% Iley
Street Hight -Of -way
I have been nuLHied of tho petition to vaQate dee following, (af ey, easement, rift-ci m�n}j, ieseribed as foliows:
GencrM locadon ;Addreis e ( i, E7/XEl(a ?--Li
u (A1"TACH legal description and graphic representarion of what, is heing vacated ,fir RVE,1)
? .No ohdei;tion, to the vacation(s) descr]1 cd,above, and nO culnl i enN,
No tobjec;ions to the vucation(s) described above, provided roilowing �2�Gr€�7�� eiS�€Iletli5 3I'C rCt?.tf1ct ,
(State the [ocatiran, dimensions, and purpose below) -
. ,r' 1',l�id+t f i •+ r R� /r� g � ?-� � �1 � { �� i3 (-7v,`:� ��" t � � pt �.� „h' /C f // f f C f 1� z �7 : ,.
No objections provided the f �ilcavvit,g ctlydiiians are ttret:
r 7. fir"
`iign atna e of Ui it izy Company Reprusentqii ve
Title:
Fpl;r t
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 13 of 17
UTILITY APPROVAL FORIM
100 R 1UGHT- Or- WAY, ALLEV, AND
UTILI'I'Y BASEMENT VACATIONS
UTILITY COMPANY: 02AKS EIJEI.-ac'
APPLICANT NAME: )bjAae---. APPLICANT PHONE:
REQUESTED VACATION (applicant num cheek tILI Thal apply):
0 Utility Easement
Tj Right-of-way for alley or streets tend all utility easements located Within the Vacated right- of- my.
U Alley
;beet right-of-way
I have been notified of the petition to vacate the following (altey, easement, right-off'-4ay), described as follows:
General location/ Address 0' - - - ILi /" a-va - - -----
U'I1LITY COMPANY COMMENTS.,
VNo objections to the vaeatiori(s) described above, and no cuininents.
0 No objections to the vacation(s) described above, provided following described eascitionts are retained.
(State the location, dimuru0ons, and purpose below.)
U No objections Provided the following conditions are met,
W n-�" MA444f844
,Signature of UtiI4 Company RepreseMative
Staking Tech. III
Title
Ilecembo'.2414
1'0&v 5
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 14 of 17
VAC 17-5751 MONROE EATON, LLC
One Mile View NORTH
0 0.125 025 0.5 Miles
® r
K
x"
d•y.a r
1•'! Subject Easement
Lu �?i+
i es I. J
ur
`` li\1F--tea
M1
14 MW OR
l� RNli•!2
r1tiA
`I MW
Legend ,Itlk. .' TIE 51pk 1s ut 5+ r:L l 'ri l.*
Planning Area
€ _ Fayetteville City Limits rt� � gs
.6.st ant.,,,
L . rr
rf
'••••• Shared Use Paved Trail ® 4[1.neNlML ulll1YlRNly ^
leNtiet Trail (Proposed)
L-- _� Design Overlay District
n,n,xFa 7p1.TtiS dalaie,Tw
f%nning Area r gk0119TA R4
Building Footprint wxmunoua
Pay+rtlewllsCQyt,ImlLy •--'� � .�• .,
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
VAC 17-5751 MONROE EATON, LLC
Close Up View
MITCHELL ST
PERGA I :P C}t
0
L)
°u'I
m RI'/It
NORTH1 1
Legend
bill RSAF21,
�r r r1 �-� z!2:1`:V �3mrt?L'f�,et�i111^r ,�h'�i;�., ]'.i•i
Planning Area
F ResC�nta-'] =�o
Fayetteville City Limits 0-2
Feet me
Shared Use Paved Tran
Trail (Proposed)
75 150 000 450 600
Building Footprint 1 inch = 200 feet
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 16 of 17
VAC a MONROE EATON, LLC
CurreCurrenttLandLand Use
1 t ' IM
€ MITCHELL Sr
i
INV
i6
" aMf
VENUS Sr +" ! �`�" pr . w ..► •
UJ
LU
r � r
s �.�� Vin. � � _.I .�.� ;�� � � - — �t.•i � � $ P �€ ` 1
.. r ..Alf M A� 4.. "
_ � Subject Easement 's �-� � �= �.,r� ---�,
College Shoe Shop
.,
-
IAR
-APEL
!, ` MML_
ti
" w Beachwood Village
ue"
0-9
Cl a
" 7
1 w# '?
+ �� 1 ��a I a�3r,rl �, � • '�a.
Strut
PRINCIPAL ARTERIAL
. • • • Shared Use Paved Tra€I
e l € s Trail (Proposed)
C3VAC 17 -5751
County Parcels
A Planning Area
r rayettevilie C+ty L€m€ts
Feet
0 75 150 300 450
1 inch = 200 feet
#a
FEMA Flood Hazard Data
II.IU•. ?3d Flooklpl.ti'rl
r lo0may
Planning Commission
April 24, 2017
Agenda Item 2
17-5751 (Monroe Eaton, LLC)
Page 17 of 17
CITY OF FAYETTEVILLE, ARKANSAS
Right -of -Way, Easement or Alley
VACATION
FOR ST'AF'F USE OA'LY
Date Application Submitted:
Date Accepted as Cauplete:
Projecl Number.
Public Hearing Date:
�FEE: 5200.00
Sign fie. $5.00
S -T -R:
PP#.-
Zone:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not lie placed on the Planning Colrru►lssion agenda Until this informadon is fitrtrislred.
Application:
Indicate one contact person for this request:
Applicant (person making request):
Name: 4e'JJ 1 -. yo YL4 l - _t L
'VPN -- )1`M j 'a :x.)tA
Address: PC) f� < 1(02-7
Phone: (t~: 2 -
Phone:
Email:
Fax:
Site Address / Location; t ) I 1
Applicant -.y Representative
Representative (engineer, srtrvehor, realtor, etc.):
N arae: 1 r I, F K, .' It'`%l(') r','%
Address: c l _ rIr; : g 11- r
-11rr vII it i1. A 3
Phone:(al c�)
Email:
Fax: ( cq `)rr) . a : �k - I N"�'
Legal description of area to be vacated (attach separate sheet if necessary):
Current Zoning District: C S
Assessors Parcel Number(s) for subject property:
Flr' AiNC[AI INTERESTS
The follokvuig entities and / or people have financial interest in this project:
wl� go s r- lie (t G
December 2014
Page 1
Al'I'LIC•1NT/REI'RESENT,,1771,'E: I Certify under penalty of perjury that the foregoing statenients and answers
herein matte all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
mod 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 all,
applying for, or might set conditions on approval.
Name (trusted}: t !-,i j�(;jI(jh� Date:
Signature:
PROPERTY O1VNER(S)1AUT11ORIZEDA6ENT: Uwe certify under penalty of perjury that I anVwe are the
owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to
its filing. 1 .si nerl Gtr the withorizerl amens, a letter rurrt_each Uroperlp orNrrer ntllft fie nrovlrlerl inrlicaagg--hal
the g enf is (1111110fizell to act on hls/111Fr behret .
Owners (attach additional info lfnecessary).
Name (printed):
Signature:
Date:
Address: T4 v, ,'('
!y'�'rtr��ts
Phone:
Address:
Phone: ( 1
Vacation Checklist:
, floch the.following items lo this application:
(1) Payment hr full of applicahle fees for processing the application:
$200.00 application tee
$5,00 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 cotttainirrg a copy of the legal description in MS Word and PDP copies of the signed
application and all other items subrmitted 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 Platuling 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 adkiacenl
to the street right-of-way, alley, or easement to be vacates] (this document is obtained
F1.0111 a title company),
(8) A copy of the county parcel map from tine Washington County Assessor's office or li-om the
Washington County website (4vs►°tv.co.ssrashirgr�tn t. t'.ts). The subject property and all
, i ecttt parcels should be identified on this parcel tmap• The osvtter's ttattre, ofkicial mail ittg
address, and the parccl number for every adjacent property shall be shown on this snap.
December 201.1
Page 2
5/1/2017
John H Davidson
Monroe Eaton LLC
PO Box 10647
Fayetteville AR 72703
Fayetteville City Council
Attn: City Clerk
113 W Mountain St - Suite 302
Fayetteville AR
To whom it may concern:
RECEIVED
MAY 0-12017
CfTY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Please accept this letter requesting an appeal to the City Council of Fayetteville from the April
27th Planning Commission meeting. Monroe Eaton LLC, as applicant, requested a variance from
the Access Management Ordinance for a curb cut on MLK Blvd.
The property currently has four curb cuts long MLK. The new development would reduce that
number to one. Due to the fact that we have streets on both the East and West of the property,
there is not a location along MLK that would meet the spacing requirements of the Access
Management Code; therefore, we need a variance for the single curb cut.
In the design phase of the project, the former director of development services explained that
we would need the variance for the single curb cut, but that with almost 300 feet of frontage
along MLK and the fact we currently had four curb cuts, he could support the variance.
Additionally, the City Attorney's office assured the applicant that Arkansas law constitutionally
protected access to MLK.
The denial of the requested variance would result in our anchor tenant canceling its lease. The
tenant made clear when signing the lease that full access to MLK was a must. I spoke with the
tenant after the planning commission meeting and was assured the same.
I can be reached at 479-841-4296.
Regards,
ohn H Davidson
Monroe Eaton LLC
NOR-MWESTARKANSAS
"W -I& D
emoc .t a ette
X'60-1. _ t, 4i -E, KNE 7271fD2 47,? 442 _Ak 47`,'-ttzr L. , ,... ,i ..
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. 5978
Was inserted in the Regular Edition on:
May 25, 2017
Publication Charge . $ 84.50
Karen aler
Subscribed and sworn to before me
This 31 day of ��,,�/, 2017.
&to, V�
Notary Public
My Commission Expires: 4,4/1-02-V
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
JUN 0'5 2017
CCITY CLERK'S OFFICE
Ordinance: 5978
File Number: 2017-0238
VAC 17-5751 (1541 W. MLK BLVD./
MONROE EATON, LLC):
AN ORDINANCE TO APPROVE VAC
17-5751 FOR PROPERTY LOCATED AT
1541 WEST MARTIN LUTHER KING,
JR. BOULEVARD TO VACATE A
PORTION OF A STREET RIGHT OF
WAY
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
street right-of-way is not required for
corporate purposes.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City
of Fayetteville, Arkansas hereby vacates a
portion of unbuilt street right-of-way 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 condition that any relocation or
damage to existing utilities shall be at the
owner/developer's expense.
PASSED and APPROVED on 5/16/2017
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74144839 May 25, 2017