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HomeMy WebLinkAboutORDINANCE 6013e 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6013 File Number: 2017-0617 IIII II IIII III IIII III III VIII VIII VIII IIIIIIIIVIIIII II IIII III Doc ID: 017816890004 Type: REL Kind: ORDINANCE Recorded: 01/10/2018 at 08:50:48 AM Fee Amt: $30.00 Paqe 1 of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File2018-00000996 VAC 17-5960 (NORTH OF BARTON AVE. & HUNTSVILLE RD./MEEHAN): AN ORDINANCE TO APPROVE VAC 17-5960 FOR PROPERTY LOCATED EAST OF BARTON AVENUE AND NORTH OF HUNTSVILLE ROAD TO VACATE A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that about 2,178 square feet of the following described utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates about 2,178 square feet of a utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following condition: 1. Any costs associated with relocation of or damage to utilities shall be at the owner/developer's expense. Page 1 Printed on 11/27/17 Ordinance: 6013 File NOmber, 2017-4617 PASSED and APPROVED on 11/21/2017 Attest: L"� 6, 'L& Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 11/27/17 VAC 17-5960 M E E HA N 17-5960 Close up view EXHIBIT 'A' ROCK ST _J f i ,- J p Subject Property � .. 4TH ST Legend Hillside -Hilltop Overlay District L r I Planning Area L — 2 Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet Ksr�B NORTH RSF-4 RSF-8 RMF -24 i� Downtown General AN Neighborhood Conservation P-1 17-5960 EXHIBIT "Bo Legal Description — Meehan Utility Easement Vacation Portion of Existing Utility Easement to be Vacated: A PART OF LOT NUMBERED FOUR (4), R & W ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT FOUR (4), THENCE ALONG THE WEST LINE OF SAID LOT FOUR (4) SOUTH 23°59'00" WEST 10.31 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 80°00'00" EAST 105.52 FEET; THENCE NORTH 74°24'40" EAST 31.64 FEET; THENCE SOUTH 66°28'20" EAST 23.78 FEET; THENCE SOUTH 74°24'40" WEST 53.49 FEET, THENCE NORTH 80°00'00" WEST 112.66 FEETTO A POINT ON THE WEST LINE OF SAID LOT FOUR (4); THENCE ALONG THE WEST LINE OF SAID LOT FOUR (4) NORTH 23°59'00" EAST 15.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 01110/2018 08:50:48 AM and recorded in Real Estate Fite Number 2018rrc 0096 Kyle Sylvester _ Cit C! .rk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0617 Agenda Date: 11/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 VAC 17-5960 (NORTH OF BARTON AVE. & HUNTSVILLE RD./MEEHAN): AN ORDINANCE TO APPROVE VAC 17-5960 FOR PROPERTY LOCATED EAST OF BARTON AVENUE AND NORTH OF HUNTSVILLE ROAD TO VACATE A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that about 2,178 square feet of the following described utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates about 2,178 square feet of a utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following condition: 1. Any costs associated with relocation of or damage to utilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 1112712017 City of Fayetteville Staff Review Form 2017-0617 Legistar File ID 11/21/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Andrew Garner 11/3/2017 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 17-5960: Vacation (NORTH OF BARTON AVE. & HUNTSVILLE RD./MEEHAN, 524): Submitted by ENGINEERING SERVICES, INC. for property NORTH OF BARTON AVE. & HUNTSVILLE RD. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.66 acres. The request is to vacate a portion of a utility easement. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title C' Approval Date: V20140710 IVA CITY of FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 21, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner DATE: November 3, 2017 SUBJECT: VAC 17-5960: Vacation (NORTH OF BARTON AVE. & HUNTSVILLE RD./MEEHAN, 524): Submitted by ENGINEERING SERVICES, INC. for property NORTH OF BARTON AVE. & HUNTSVILLE RD. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.66 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of VAC 17-5960 with the following conditions of approval: 1. Any relocation or damage to utilities of existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is located on the south side of Mount Sequoyah, and has access to Walker Road and Barton Street, both unimproved two-lane streets. The property is a forested hillside parcel, within the Hillside -Hilltop Overlay District. A 25 -foot wide utility easement surrounds the property on three sides, but apparently contains no services. Proposal: The applicant proposes vacation of a portion of a utility easement depicted in Exhibit `A' and `B', comprising approximately 2,178 square feet. DISCUSSION: On October 23, 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 Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 Application Planning Commission Staff Report VAC17-5960 M EE HAN' 17-5960 Close Up View EXHIBIT 'A' ROCK ST �-7f-- .. r- t LU Q J J 1N LV CO Q N f Subject Property J J I -- a � 1 { 4 P1 ST Utit=4 LU x J I RSF-8 NORTH-' RSF-4 RSF-8 Legend RMF -24 Hillside -Hilltop Overlay District Feet j Downtown General _ Planning Area Neighborhood Conservation 0 75 150 300 450 600 — � Fayetteville City Limits P-1 L Building Footprint 1 inch = 200 feet 17-5960 EXHIBIT 'B" Legal Description — Meehan Utility Easement Vacation Portion of Existing Utility Easement to be Vacated: A PART OF LOT NUMBERED FOUR (4), R & W ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT FOUR (4), THENCE ALONG THE WEST LINE OF SAID LOT FOUR (4) SOUTH 23°59'00" WEST 10.31 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 80°00'00" EAST 105.52 FEET; THENCE NORTH 7424'40" EAST 31.64 FEET; THENCE SOUTH 66°28'20" EAST 23.78 FEET; THENCE SOUTH 7424'40" WEST 53.49 FEET, THENCE NORTH 80°00'00" WEST 112.66 FEETTO A POINT ON THE WEST LINE OF SAID LOT FOUR (4); THENCE ALONG THE WEST LINE OF SAID LOT FOUR (4) NORTH 23°59'00" EAST 15.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or ,Alley VACATION FOR STAFF' USE ©:W'LY Flzd. 2t1Pl.flfl Dole Application Sirbrnilfed: Mgn Ice: 55.00 Vali, Accepted as (romplele: S -T R: Prgject Number:J'l'dt; `— ) Priblic Hearing Bate: rrnie; Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placer/ on the Planning Commission agenda unfil Phis information is f ernished AMlication• Indicate one contact person for this request Applicant (person making request): Name: Stephen and Allison Meehan Address: 322 E. Huntsville Road, Unit B Fayetteville, AR 72701 Phone: ( 479 ) 751-4523 Email: Fax: ( ) Applicant V/ Representative Representative (engineer, surveyor, realtor, ele.): Name: Engineering Services, Inc. Attn: Daniel Lazenby Address:1207 S. Old Missouri Road (Physical)_ P.O. Box 282 Springdale, AR 72765-0282 (Mailing) Phone:( 479 ) 751-8733 Email: diazenby@engineeringservices.com Fax: ( 479 ) 751-8746 Site Address/ Location: Lot 4 of R & W Addition. Located along southeast side of Walker Street and the northwest side of Barton Avenue in Fayetteville, Arkansas. Legal description of area to be vacated (attach separate sheet if necessary): LOT NUMBERED FOUR (4), R & W ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. Current Zoning District: Residential Multi -family —Twenty -Four Units per Acre Assessors Parcel Number(s) for subject property: 765-09817-000 e � ,J F%NrINC1AL INTERESTS The following entities and / or people have financial interest in this project: Stephen and Allison Meehan December 2014 Page 1 Ll AI'd'lIf.,*AA'T°l fllif'fl .VENT -1 TI T: 1 certify under penalty of perjury that the foregoing statements and answers herein made all data, inforntation, and evidence herewith submitted are in all respecls, to the best of my knowledge and brlief, 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 (fie City might not approve what I am applying for, or thigh[ set conditions ort approval. Natrre (r)rinted): Date: PROPERTY OWNIRf.V) /A( TUORIMP AGENT: IAwe certify under penalty of perjury that I am/we are the owners) of the property that is the subject of this application and that U%ve have read this application and consent to its filling. 1-sh"Ile d h d , fide aratharize agent, adefter rr7rat cvai It )ru erlr' {+rswer tions[ laa �rrr, itictl irrrAlt'rldirr dfrur the anent Ix authorized to rarl on higher helaad() Owners (attach ardditional info if necesstrry): Name ( rinled ): �€ ! -A Date: l " (3 -- / Name (printed). if l ��}i t� 1 €� €��rt✓t t_§ Date: Vacation Checklist: eltiach thejollowing ifenns to this application Address:1," ,) V, r /t A 9,2 1 phone: Address: SzL E. 0wJsurI(,e (1) Payment in fill of applicable fees for processing the application: $200.00 application fie $5.00 public notification sign fee (2) I4fetes and bounds legal description of the area to be vacated, riot 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 PDF copies of the signed application and all other items 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 easement to be vacated (this document is obtained From a title company). (8) A copy of the county pat -eel map from the Washington County Assessor's office or from the Washington County website (wry}i_.co.washin (n.ar.us), 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. Dece cher 20N Page 2 I W;" CITY OF FAYETTEVIL LE ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Planner Otto — 23,-2W UPDATED 10-25-2017 SUBJECT: VAC 17-5960: Vacation (NORTH OF BARTON AVE. & HUNTSVILLE RD./MEEHAN, 524): Submitted by ENGINEERING SERVICES, INC. for property NORTH OF BARTON AVE. & HUNTSVILLE RD. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 4 UNITS PER ACRE and contains approximately 0.66 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 17-5960 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject property is located on the south side of Mount Sequoyah, and has access to Walker Road and Barton Street, both unimproved two-lane streets. The property is a forested hillside parcel, within the Hillside -Hilltop Overlay District. A 25 -foot wide utility easement surrounds the property on three sides, but apparently contains no services. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Zoning and Land Use Direction Land Use Zoning North Single-family Residential/Undeveloped RMF -24, Residential Multi -family South Single-family Residential/Two-family Residential RMF -24, Residential Multi-family/RSF-8, Residential Single-family East Single-family Residential RMF -24, Residential Multi -family West Single-family Residential RSF-8, Residential Single-family Proposal: The applicant proposes to vacate this unused utility easement in order to prepare the site for development. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, with the following responses: Mailing Address: Planning ommission ctober 23, 2017 113 W. Mountain Street www.fayettevi eA�69bYltem 2 Fayetteville, AR 72701 17-5960 Meehan Page 1 of 17 Utility Response Cox Communications No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. AEP/SWEPCO No objections and no comment. BlackHills Energy AR No objections and no comment. AT&T No objections and no comment. Ozarks Electric No objections and no comment. City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste & Recycling N/A Transportation N/A Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 17-5963 to the City Council with a recommendation for approval subject to the following conditions: - Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; Planning Commission Action: 04 Forwarded O Tabled ❑ Denied Meeting Date: October 23, 2017 Motion: HOFFMAN, MOTION TO FORWARD AS RECOMMENDED BY STAFF. Second: NOBLE Vote: 8_(}-0 BUDGET/STAFF IMPACT: None. Planning Commission October 23, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5960 VAC North of Barton Ave. & Agenda Item 2 Hunstville Rd. (Meehan) 524\03 Planning Commission\10-23-2017\Comments and Redlines 17-5960 Meehan Page 2 of 17 Attachments: • Request Letter ■ Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission October 23, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5960 VAC North of Barton Ave. & Agenda Item 2 Hunstville Rd. (Meehan) 524\03 Planning Commission\10-23-2017\Comments and Redlines 17-5960 Meehan Page 3 of 17 ENGINEERING SERVICES INC. 1. 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8746 September 19, 2017 Fayetteville Planning Division 125 W. Mountain Street Fayetteville, Arkansas 72701 RE: Walker Street Utility Easement Vacation Stephen and Allison Meehan Dear Sir or Ma'am, On behalf of our client, we are submitting application materials to vacate a portion of an existing twenty-five foot wide utility easement along the south side of Walker Street in Fayetteville, Arkansas. The property is zoned RMF -24, which includes a twenty-five foot build -to zone. There is also a twenty -foot wide utility easement. Client wishes to build a single family residence within the build -to zone in line with current zoning, which necessitates the vacation of part of the easement. No negative responses from utility companies have been received, and Cox, AT&T, and Black Hill Energy have approved the requested vacation. The following application materials are attached: • Check to City of Fayetteville in the amount of $205 ($200 plus $5 Sign Fee) • Signed Utility Easement Vacation application form • Three Page 11" x 17" Exhibit • Certified List of Adjacent Property Owners • Utility Approval Forms from AT&T, Cox Communications, and Black Hills Energy. Awaiting responses from AEP and Fayetteville Water so far. • PDF copies of all application materials, including drawings, and a .doc file of the Legal Description on CD Please contact me if you have any questions, or need additional information. Thank you, Daniel Lazenby Enclosures Brian J. Moore, RE. Tim J. Mays, P.E. Jason Appel, P.E. `I Jerry W. 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W J C7 N OO W7- A: w O Z_ O = Q Z Z VIZ O D S , O W o (:cc -,L -,o- z/ 17 O W m ON w p w W w U w Q ~ W D Z ' N z Z O w N O w O lwww =wSH 3oz�oZw S V 7 g O H i -W W N w N J W w 0ma0 `Y W z w - E w,ui. w O== I n u. w m J Z ~ 3= J F-Lnazwo rp O v p w U W o a Q w = Z p w of Z�p=r'i.D0 W U ~ ('V=OOVj W O W W to W O J W W QOpr�U 0 Q w w W Z J N Q PETITION TO VACATE A UTILITY EASEMENT LOCATED IN LOT 4 OF THE R & W ADDITION TO THE CITY OF FAYEMVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in lot 4 of the R & W Addition In the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility easement which is described as follows: A PART OF LOT NUMBERED FOUR (4), R & W ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT.- COMMENCING O-WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT FOUR (4), THENCE ALONG THE WEST LINE OF SAID LOT FOUR (4) SOUTH 23°59'00" WEST 10.31 FEET TO THE POINT Of BEGINNING, THENCE SOLMH 80'WW' EAST' 105.52 FEET; THENCE NORTH 74'24'40" EAST 31,64 FEET; THENCE SOUTH 56`28'20" EAST 23.78 FEET; THENCE SOUTH 74'24'40" WEST 53.49 FEET, THENCE NORTH 80"WCO" WEST 112.66 FEET TO A POINT ON THE WEST LINE OF $AID LOT FOUR (4); THENCE ALONG THE WEST LINE OF SAID LOT FOUR (4) NORTH 23'59'00" EAST 15.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS.. That the abutting real estate affected by said abandonment of the easement is Lot 4 in the R & W Addition to the City of Fayetteville owned by Stephen and Allison Meehan, that the utility easement has not been 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 above described utility easement. WHEREFORE, the undersigned petitioners respec2fuity pray that vie governing b*dy of the City of Fayetteville, Arkansas, abandon and vacate the above described utility easement, and that the owners of the above described real estate be free fracas the casements for the public use of said easement. Datedthls ]�dayof _ ai s_1•aLa•M' 2017, epi eas 1V aehan Allison Meehan Planning Commission October 23, 2017 Agenda Item 2 17-5960 Meehan Page 8 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 9/7/2017 UTILITY COMPANY: B1ackHills Energy APPLICANT NAME: Stephen & Allison Meehan APPLICANT PHONE: (479) 751-8733 (Dnfellazenby = ESI) REQUESTED VACATION (applicant must check aU that apply): Mi Utility Easement U Right-of-way for alley or streets and all utility easements located within the vacated right- of- way, Cl Alley I 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 15' of the existing 25' utility easement along the southeast edge of Walker Street right-of-way along frontage of Lot 4 of R & W Addition (parcel number 765-09817-000) *000' (ATTACH legal description an graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: N No objections to the vacation(s) described above, and no comments. U No objections to the vacation(s) described above, provided following described easements are retained, (State the location, dimensions, and purpose below.) 0 No objections provided the following conditions are met: Signatiirc of Utility Contpany Representative a Title December 2014 Page 5 Planning Commission October 23, 2017 Agenda Item 2 17-5960 Meehan Page 9 of 17 9/7/2017 BATF.: UTILITY APPROVAL FORM FOR RICHT-OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: Cox Communications APPLICANT NAME: Stephen & Allison Meehan APPLICANT PI ION F: (479) 751-8733 —(Daniel l.�E�n��l) REQUESTED VACATION (applicant must check all that applr): 71 Utility Easement _.I Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. J Ailey l Sireel right-of-way have been notified of the petition to vacate the following (edley, easeinenl. t i[�It1 rrJ=wqt-). described as follows: General location / Address 15' of the existing 25' utility easement along the southeast edge of Walker Street right-of-way .along frontage of Lot 4 of R & W Addition (parcel number 765-09817-000) TO/ (ATTAC11 legal descrlpllmr and grapple representation of what is being vacated -.SLIM fq) t )TI I,ITY COMPANY COMMENTS: l No objections to the vacation(s) described above, and no conunenls. No objections to the vacation(s) described above. provided following described casements are retained. (Slate the location, dimensions, and purpose below.) XJ No Whlections provided the rollowing conditions are met: Any damage to or relocation of -existing facilities will be at the owner's /developers expense. yi €tlurc a51` Utility Company Representative Construction and Planning Manager Title L)ec,ct0er 3tit # �tfiLf � Planning Commission October 23, 2017 Agenda Item 2 17-5960 Meehan Page 10 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: J1JqZ17 1 UTILITY COMPANY C t i r UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 09/2512017 UTILITY COMPANY_ Ozarks Electric Coop. APPLICANT NAME: Stephen & Allison Meehan APPLICANT PHONE: (479) 751-8733 "(baniel Lazenby ESI) REQUESTED VACATION (applicant must check all that apply): lei Utility Easement 1 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. I Alley 1 Street right-of-way I have been notified of the petition to vacate the i'ollowing (alley, easenient, righi-oflway), described as follows: General location / Address 15' of the existing 25' utility easement along the southeast edge of Walker Street right-of-way along frontage of Lot 4 of R & W Addition (parcel number 765-09817-000) V/ (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTI LITY COMPANYCOMMIENI'S: No objections to th.e vacation(s) described above, and no comments. I..1 No objections to the v acation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are rnct: We--q-ZYtAAaff- q Signature of. Utility Company Representative Staking Tech. III 1 itle ""age 3 Planning Commission October 23, 2017 Agenda Item 2 17-5960 Meehan Page 12 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASENIENT VACATIONS DATE. 1;7 UTILITY CONIP ANY: i % c )� ✓ / �' APPLICANT NAME: Stephen & Allison Meehan APPLICANT PHONE: (479) 751-5733 1asiiel'zenkiy- ESI) REQUESTED VACAT[ON (applicant must check till that apply;: Utility Ease€tlernt Right -of --way For alley or streets and all utility easemcTtts located within the vacated right- of way, Alley Street. right-ofway I have been notified of the petitloti to vacate the following (alley: easement, rrgllt-of-ivrry} described as follows: General location l Address 15' of the existing 25' utility easement along the southeast edge of Walker Street right-of-way along frontage of Lot 4 of R & W Addition (parcel number 765-09817-000) LA (AT ACH legal description mad gniphic repre.semaliorz of what is being Vacated -.4' fR Ekj VFTILITY COM PA"NY C(3PON14EN S: No objections to the vacation(s) described above, and no comments. No objections to the vocations) described above, provided fallowing described easernents are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are, met: -�w Sigrlatary oflJtiia.y Company Rcpresentativc; _Y ffi��FsfiUi Yxk.' r✓ f '(.t F�`�'C CYC" Title Decentb,, 20W Aage ,r Planning Commission October 23, 2017 Agenda Item 2 17-5960 Meehan Page 13 of 17 UTILITY APPROVAL FORAM FOR RIGHT- OF,- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 09/08/2017 UTILITY COMPANY: ATAT APPLICANT NAME: Stephen & Allison Meehan APPLICANT PHONE: (479) 751-8733 (Daniel Lazenfoy-ESI) REQUESTED VACATION (applicant must eheck all that apply): IM Utility Easement 1-1 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way, ❑ Alley ❑ Streetright-of-way 1 have been notified of.'the petition to vacate the following; (alley, easement, right -of -wiry), described as follows: General location / Address 15' of the existing 25' utility casement along the southeast edge of Walker Street right-of-way along frontage of Lot 4 of R & W Addition (parcel number 765-09817-000) (A7'7A(7H legal description and graphic° representation def what is being vacated! SLW VEY) UJILITY COMPANY COMM[ N'I'S: EX No objections to the vacation(s) described above, and no comments. ,l 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 rn.et: JEFF HAMILTON Dili ally signet M1 JEFF HAMILTON ON: cn=JEFF HAMA TON, —AT&T, ou=CONSTRUCTION/ ENGINEERING, email-jh5930hattcom, c -US Date: 2017 09,08 07:18:53 -05'00' Signature of Utility Company Representative MGR PLNG& ENGRGDESIGN Title Decemher2VIAnning Commission Page 5 October 23, 2017 Agenda Item 2 17-5960 Meehan Page 14 of 17 VAC 17-5960 M E E HAN One Mile View 64 M15C 1 0 0.125 0.25 i I Subject Property i Rst •8 1 tTTHEIR KING 8l N - *til i Pr II Legend 1-1 Planning Area '777 77 Fayetteville City Limits - — Shared Use Paved Trail Trail (Proposed) Building Footprint 0 0 7 R Planning Area _ Fayetteville City Limits LALIJ 0.5 Miles Ne. NORTH Its F -a r�- ZmAig Agenda Item 2 17-5960 Meehan Page 15 of 17 EXTRACTION NFSTURrtAL SINGLE• ANI LY r E-1 nrwgwr.�ary'sw.n COMMERCIAL R.s miaw_ wsv� � ca MY'f FORM BASED DISTRICTS R9ra 11111 oow�lo.� co,. �W'lA' � UAen TMrouBnlare q¢SNiNTIAL MUL11-VA11AILY ur. un.l cs+ln AR 2Recaem0—and--I-ly �I)OWn1oWn Gene�el .w.r.Tv R.�ennonooa s..��.: IAIN•11 Tc{"1layet..�„q C.w...rw PLANNED ZONING DISTRICTS !i Mllf.a com—_l Inau .-I RW—W es LIDU*-MPAL INSTITUTIONAL ,M�1�1.M' Planning Con mission W I2 Ge^ne al Intl .I OrAober 3, 2017 Agenda Item 2 17-5960 Meehan Page 15 of 17 VAC 17-5960 Close Up View P -I 11.1 ._..I ROCK ST MEEHAN 1� I{ 4IF-2•1 LU [V Q Subject Property Legend Hillside -Hilltop Overlay District Planning Area L — Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet RSF-4 ff RSF-8 A& NORTH RSF-4 RSF-8 RMF -24 Downtown General Neighborhood Conservation P-1 Planning Con mission 3, 2017 Agenda Item 2 17-5960 Meehan Page 16 of 17 RECEIVED Subscribed and sworn to before me This 4, day of Dtc- , 2017. atZ;L VVA Notary Public My Commission Expires: *0�4 CATHY WILES Arkansas • Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** - Please do not pay from Affidavit. Invoice will be sent. DEC 12 2017 NoRTHwESTARKANsAs LE CCT OF authority under A.C.A. § 14-54-104 to QFFi gAZA vacate public grounds or portions thereof Ordinance: 6013 File Number: 2017-0617 ]N� 711 Democrat� which are not required for corporate VAC 17-5960 (NORTH OF BARTON purposes; S, the City Council has AVE. & HUNTSVILLE RD./MEEHAN): determined that about 2,178 square feet of AN ORDINANCE TO APPROVE VAC the following described utility easement is 17-5960 FOR PROPERTY LOCATED not required for corporate purposes. EAST OF BARTON AVENUE AND NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY NORTH OF HUNTSVILLE ROAD TO FAYEThatthe it ARKANSAS: VACATE A PORTION OF A UTILITY Subscribed and sworn to before me This 4, day of Dtc- , 2017. atZ;L VVA Notary Public My Commission Expires: *0�4 CATHY WILES Arkansas • Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** - Please do not pay from Affidavit. Invoice will be sent. WHEREAS, the City Council has the AFFIDAVIT OF PUBLICATION authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate I Karen Caler, do solemnly swear that I am the Legal Clerk of the purposes; S, the City Council has Northwest Arkansas Democrat -Gazette, printed and published in determined that about 2,178 square feet of the following described utility easement is Washington County and Benton County, Arkansas, and of bona fide not required for corporate purposes. circulation, that from my own personal knowledge and reference NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY to the files of said publication the advertisement of: FAYEThatthe it ARKANSAS: � Se Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates CITY OF FAYETTEVILLE square feet of a utility easement about described as described in Exhibit B attached to the Ord. 6013 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 Was inserted in the Regular Edition on: Department's memo shall be Fled in the office of the Washington County Circuit Clerk. 30, 2017 vacation Pproval is subject Sction 3.November ethe toefollow ng condit onis 1. Any costs associated with Publication Charges: $ 91.00 relocation of or damage to utilities shall be at the owner/developer's expense. PASSED and APPROVED on 11/21/2017 Approved: Lioneld Jordan, Mayor L4<a Attest: u-,L(�ak- Sondra E. Smith, City Clerk Treasurer Karealer 74356949 Nov. 30, 2017 Subscribed and sworn to before me This 4, day of Dtc- , 2017. atZ;L VVA Notary Public My Commission Expires: *0�4 CATHY WILES Arkansas • Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** - Please do not pay from Affidavit. Invoice will be sent.