HomeMy WebLinkAboutORDINANCE 6021P; F 6Y ry"'F
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6021
File Number: 2017-0699
111111 I I III IIII IIIII IIII I IIII i IIIII IIII IIIII II II II II III III
Doc ID: 017816860004 Type: REL
Kind: ORDINANCE
Recorded: 01/10/2018 at 08:48:27 AM
Fee Amt: $30.00 Paqe 1 of 4
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2018_00000993
VAC 17-5995 (1100 W. 15TH ST./PINNACLE FOODS) STREET RIGHT-OF-WAY:
AN ORDINANCE TO APPROVE VAC 17-5995 FOR PROPERTY LOCATED AT 1100 WEST 15TH
STREET 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 about .28 of an acre of 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 about 0.28 of an
acre of a 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 costs associated with relocation
of or damage to utilities shall be at the owner/developer's expense.
PASSED and APPROVED on 12/19/2017
Page 1 Printed on 12120117
Ordinance: 6021
File Number. 2017-0699
Annrnved-
Attest:
" & X..' &
Sondra E. Smith, City Clerk Treasurer
: FAYETTEVILI_k_,
IIIA F1 t ` ti�44
Page 2 Printed on 12/20117
VAC 17-5995
Close Up View
PINNACLE FOODS STREET R -O -W
Legend
Hillside -Hilltop Overlay District
Planning Area
_ r Fayetteville City Limits
Shared Use Paved Trail
Building Footprint
1-2
F
P-1
17-5995
EXHIBIT 'A'
RPZD
W
a
z
a
U,
z
izlh ST
Feet
0 75 150 300 450 600
1 inch = 200 feet
NORTH
M RMF -24
1-2 General Industrial
C-2
Commercial, Industrial, Residential
P-1
17-5995
EXHIBIT 'B'
p�65CRIPTiON OE POR310N OF STREET TO BE VACATEIy:
A PORTION OF BUCHANNAN AVENUE AS SHOWN ON PLAT OF ANDERSON'S 2ND
ADDITION TO THE CITY OF FAYETTEVILLE ACCEPTED BY THE FAYETTEVILLE CITY
COUNCIL AUGUST 24, 1959 AND FILED IN PLAT BOOK 1 AT PAGE 47 OF THE
WASHINGTON COUNTY RECORDS, SAID ANDERSON'S 2ND ADDITION BEING A PART OF
THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF
SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 OF BLOCK 1 OF SAID ANDERSON'S
2ND ADDITION; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID
BUCHANNAN AVENUE, ALSO BEING ALONG THE EASTERLY LINES OF LOTS 8 AND 9 OF
SAID BLOCK 1, N00002'35"E A DISTANCE OF 203.10 FEET; THENCE LEAVING SAID
WESTERLY RIGHT OF WAY LINE, S89°57'07"E A DISTANCE OF 60.00 FEET TO THE
NORTHWEST CORNER OF LOT 6 OF SAID BLOCK 1; THENCE ALONG THE EASTERLY
RIGHT OF WAY LINE OF SAID BUCHANNAN AVENUE, ALSO BEING THE WESTERLY
LINES OF LOTS 6 AND 7 OF SAID BLOCK 1, S00°02'35"W A DISTANCE OF 198.71 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 7 AND THE SOUTHERLY LINE OF SAID
ANDERSON'S 2ND ADDITION; THENCE ALONG THE SOUTHERLY LINE OF SAID
ANDERSON'S 2ND ADDITION (ALSO BEING THE NORTHERLY LINE OF GARRIOTT
SUBDIVISION TO THE CITY OF FAYETTEVILLE, FILED IN PLAT BOOK 3 AT PAGE 321 OF
THE WASHINGTON, COUNTY RECORDS), S85°52'00"W A DISTANCE OF 60.16 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.28 ACRES (12,054 SQ.FT.), MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
01/10/2018 08:48:27 AM
and recorded in
File Number 18-0 00 93
Kyle Sylveste Cl rk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
NK =� Text File
File Number: 2017-0699
Agenda Date: 12/19/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 3
VAC 17-5995 (1100 W. 15TH ST./PINNACLE FOODS) STREET RIGHT-OF-WAY:
AN ORDINANCE TO APPROVE VAC 17-5995 FOR PROPERTY LOCATED AT 1100 WEST 15TH
STREET 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 about .28 of an acre of 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 about 0.28 of an acre of
a 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 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 12/20/2017
Andrew Garner
Submitted By
City of Fayetteville Staff Review Form
2017-0699
Legistar File ID
12/19/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2017 City Planning/
Development Services Department
Submitted Date Division / Department
Action Recommendation:
VAC 17-5995: Vacation (1100 W. 15TH ST./PINNACLE FOODS, 561): Submitted by ENGINEERING SERVICES, INC. for
property at 1100 W. 15TH ST. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 46.57
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 $
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
r,
CITY of
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 19, 2017
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, Planning Director
FROM: Quin Thompson, Current Planner
DATE: December 1, 2017
SUBJECT: VAC 17-5995: Vacation (1100 W. 15TH ST./PINNACLE FOODS, 561):
Submitted by ENGINEERING SERVICES, INC. for property at 1100 W.
15TH ST. The property is zoned 1-2, GENERAL INDUSTRIAL and contains
approximately 46.57 acres. The request is to vacate a portion of a street
right-of-way.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of VAC 17-5995 with the following
condition of approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
BACKGROUND:
The subject property is at 1100 W. 15th Street and is developed with a manufacturing facility. A
60 -foot wide right-of-way extends from the north property line for over 800 feet to the south with
a 60 -foot width containing 0.28 acres. Approximately 600 feet of this right-of-way contains a multi-
use trail connecting west 12th street with the multi -family development to the north. The portion of
right-of-way containing trail is not a part of the request.
Proposal: The applicant proposes to vacate a portion of unbuilt street right-of-way, as shown in
the attached Exhibits A and B.
DISCUSSION:
On November 27, 2017, the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 9-0-0.
BUDGET/STAFF IMPACT:
N/A
Mailing Address:
113 W. Mountain Street www.fayetteville-aLgov
Fayetteville, AR 72701
Attachments:
■ Exhibit A
■ Exhibit B
• Application
• Planning Commission Staff Report
VAC17-5995 PINNACLE FOODS STREET R -O -W 17-5995
Close up view EXHIBIT 'A'
RI'ZD
W
a
z
a
U
z
Subject R -O -W 4
I h, 12TH ST
l.v
RM F- 24
C-2
NORTH
Legend RMF -24
Hillside -Hilltop Overlay District 1-2 General Industrial
Feet C-2
L Planning Area Commercial, Industrial, Residential
L _ Fayetteville City Limits P-1
0 75 150 300 450 600
Shared Use Paved Trail
1 inch = 200 feet
Building Footprint
17-5995
EXHIBIT 'B'
Y,SCRIP71�?N OF PORTI[N OF S7REIr TO BE VACATED:
A pORTION OF BUCHANNAN AVENUE AS SHOWN ON PLAT OF ANDERSON'S 2N°
ADDITION TO THE CITY OF FAYETTEVILLE ACCEPTED BY THE FAYETTEVILLE CITY
COUNCIL AUGUST 24, 1959 AND FILED IN PLAT BOOK 1 AT PAGE 47 OF THE
WASHINGTON COUNTY RECORDS, SAID ANDERSON'S 2ND ADDITION BEING A PART OF
THE SOUTHWEST {QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 114) OF
SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 OF BLOCK 1 OF SAID ANDERSON'S
2ND ADDITION; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID
BUCHANNAN AVENUE, ALSO BEING ALONG THE EASTERLY LINES OF LOTS 8 AND 9 OF
SAID BLOCK 1, NOW02'35"E A DISTANCE OF 203.10 FEET; THENCE LEAVING SAID
WESTERLY RIGHT OF WAY LINE, S89°57'07"E A DISTANCE OF 60.00 FEET TO THE
NORTHWEST CORNER OF LOT 6 OF SAID BLOCK 1; THENCE ALONG THE EASTERLY
RIGHT OF WAY LINE OF SAID BUCHANNAN AVENUE, ALSO BEING THE WESTERLY
LINES OF LOTS 6 AND 7 OF SAID BLOCK 1, S00°02'35"W A DISTANCE OF 198.71 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 7 AND THE SOUTHERLY LINE OF SAID
ANDERSON'S 2ND ADDITION; THENCE ALONG THE SOUTHERLY LINE OF SAID
ANDERSON'S 2ND ADDITION (ALSO BEING THE NORTHERLY LINE OF GARRIOTT
SUBDIVISION TO THE CITY OF FAYETTEVILLE, FILED IN PLAT BOOK 3 AT PAGE 321 OF
THE WASHINGTON, COUNTY RECORDS), S85°52'00"W A DISTANCE OF 60.16 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.28 ACRES (12,054 SQ.FT.), MORE OR LESS.
CITY OF FAYI: TTEVILI E,ARKANSAS
Right -of -Way, Easement or ,Adley
VACATION-
'Alf,
,A CATION-
FFJD)ale
R STAFF USE ONLY
Application Submilted:
Dcae,4evepted as Complete:
I'; Ip I, t i�`atrtl�cer:
Public Hearing Date:
qqcAe5
FEE: $200.00
Sign Fee: $5.00
S -1-R:
PP#:
Zone:
Please fill out this Form completely, supplying all necessary information and documentation to support your request.
Your application will not he placed on the Planning Commission agenda until this infnrtnation is fnrnnished.
Antrlie:tti[rn:
Indicate one contact person for this request: Applicant x Representative
Applicant (person making request): Representative (engineer, surveyor, realror, etc.):
lsars� Pirmade Foods Name: En ineering Services Inc.
Address: 1100 W 15111 Street Address: 1207 South Qld Wi o ri R d
Fayetteville, AR 72701 P,O. Box 282
Springdale, AR 72765-0282
PI30110: (:179 ) gd 3 - 3451 Phone: ( 479 ) 751- 8733
l rtiail; Email: •a el@en ineerin service.corn
Fax: ( 479 ) 751- 8746
Site Address /)vocation: 1100 W 15`" Street Favetteville AR, 72701,
Legal description of area to be vacated (attach separate sheet if necessary):
Cur-ent Zoning District: 1-2 General industrial
Assessors Parcel Numbers) For subject property: 765-14979-000
FfNANCfAL 1NThRGSTS
The following entities and / or people have financial interest in this project:
Pinnacle Foods
Mi { :tt1t
a"
71,11 VNTI REPR�ESENTATI ME: 1 certify Under penalty of perjury that the foregoing statements and answers
Ill p 7 p J rY g
' herein n►acle all data, information, and evidence herewith submitted are in all respects, to the best of illy knowledge
rn►d belief, true and correct. T understand that submittal of incorrect or false inforu►ation is grounds ibr invalidation
of application completeness, determination, or approval. I understwnd that the City might not approve what I am
applying for, or might set conditions on approval, pgp,�
Name (116114:41). AmLms) t,� (-T4?tt"�"'"�' 1� Date:
PROPERTY OWNER(S) /A UT11ORIZFD AGENT: I/we certify Under penally of perjury that I am/we are the
owners) of the property that is the subject of this application and that l/we have read this application and consent to
its filing. (l( ivuled ht• fire to lel►er lrrarn eaacla tarrffacr►tt' n�irac7r aaatr.►t l,t�,larrauirlcrl itrtlic°rrt aa�t'tlaul
Me yawl` ft rartrlaarizarllrt art un LUVIter behirif)
omye y (ultach addilienal hifo if nevestvart):
Name t ►rnrt�204
L
;'.Ii:r.„it►1''•: 1 Q 'i ,
Date: M441
N�.n►e (f�rinteil};
SigiIattli•e..
13ate:
Address:
Phone:(,A ) -71 - 061
Address:
Phone: ( )
Vacation Checklist:
.lttach the following items to this application:
(I) Payment in full of applicable fees for processing the application:
$200.00 application fee
$5.00 public notification sign fee
(2) Metes and bounds legal description of the area to be vacated, not the entire property (this
may be 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 M5 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.
(G) 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 adjacent to
the street ri,gbf-orway, alley, or easctnent to be vacated (this doctunent is obtained from a
title company).
(8) A copy of the county parcel map from the Washington County Assessor's office or from the
Washington County website (www.co.ws tin an.ar,usl. Tho subject property and all
adjacent parcels should be identified on this parcel reap. The owner's name, official mailing
address, and the parcel nun►ber for revery adjacent property shall be shown on this map.
A*W 291'
Air
MR
IWA
CITY OF
FAYETTEVILLIE
ARKANSAS
TO:
THRU:
FROM:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Quin Thompson, Planner
MEETING DATE: o`veffib�er 27 2Q4-7 UPDATED 11-29-2017
SUBJECT: VAC 17-5995: Vacation (1100 W. 1511 St. /Pinnacle Foods, 561):
Submitted by ENGINEERING SERVICES, INC. for property located at
1100 W. 151h st.. The property is zoned 1-2, General Industrial and contains
approximately 46.57 acres. The request is to vacate a portion of street
right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC 17-5995 to City Council with a recommendation for approval
with conditions, finding that the existing right-of-way is not necessary, and will not provide useful
connectivity in the future.
BACKGROUND:
The subject property is at 1100 W. 151h Street and is developed with a manufacturing facility. A
60 -foot wide right-of-way extends from the north property line for over 800 feet to the south with
a 60 -foot width containing 0.28 acres. Approximately 600 feet of this right-of-way contains a multi-
use trail connecting west 12th street with the multi -family development to the north. The portion of
right-of-way containing trail is not a part of the request.
Table 1
Surrounding Zoning and Land Use
Direction
Land Use
Zoning
RMF -24, Residential Multi-family/R-PZD Hill Place
North
Multi -family Residential/Undeveloped
South
Single-family Residential/Two-family Residential
RMF -24, Residential Multi-family/RSF-8,
Residential Single-family
East
UARK RV Park/Single-family Residential
Railway
P-1, Institutional/RMF-24, Residential Multi -family
West
1-2, General Industrial
Proposal: The applicant proposes to vacate a portion of this street right-of-way, in order to prepare
the site for additional development.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments, with the following responses:
Mailing Address:
Planning commission
113 W Mountain Street v, rww.fayettev,Ile ,Rffltem 3
Fayetteville, AR 727031 17-5995 Pinnacle Foods ROW
Page 1 of 18
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments, with the following responses:
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
BlackHills Energy AR
AT&T
Ozarks Electric
City of Fayetteville
Water/Sewer
Solid Waste & Recycling
Transportation
No objections and no comment.
No objections and no comment.
No objections and no comment.
No objections and no comment.
Response
No objections and no comment.
N/A
N/A
Public Comment:
No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 17-5995 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: aForwarded O Tabled O Denied
Meeting Date: November 27, 2017
Motion: HOFFMAN, MOTION TO APPROVE AS RECOMMENDED BY STAFF.
Second: SCROGGIN
Vote: 94.0
BUDGET/STAFF IMPACT:
None.
Planning Commission
November 27, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5995 VAC 1100 W. 15th St. (Pinnace Agenda Item 3
Foods Street ROW) 561\03 Planning Commission\11-27-2017\Comments and Redlines 17-5995 Pinnacle Foods ROW
Page 2 of 18
Attachments:
• Request Letter
• Petition to Vacate
• Utility Approvals
• Easement Vacation Exhibit
• Vacation Exhibit Detail
• One Mile Map
• Close -Up Map
• Current Land Use Map
Planning Commission
November 27, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5995 VAC 1100 W. 15th St. (Pinnace Agenda Item 3
Foods Street ROW) 561\03 Planning Commission\11-27-2017\Comments and Redlines 17-5995 Pinnacle Foods ROW
Page 3 of 18
ENGINEERING SERVICES INC. .
1207 S. Old Missouri Rd. • P.O. Box 282 * Springdale, Arkansas 72765-0282
October 10, 2017
Fayetteville Planning Division
125 W. Mountain Street
Fayetteville, Arkansas 72701
RE: Pinnacle Foods Corp. Right -of -Way Vacation
To whom it may concern,
Ph: 479-751-8733 • Fax: 479-751-8746
On behalf of our client, we are submitting application materials to vacate a portion of an existing
sixty -foot -wide Right-of-way within the Parcel 765-14979-000 in Fayetteville, Arkansas. The
property is zoned 1-2 General industrial. There is a sixty -foot Right -of -Way from Plat book 1-47
Anderson 2nd subdivision existing on site that my client is requesting to be vacated. Our client
wishes to expand part of their business into this area within the current zoning, which
necessitates the vacation of a piece of this Right-of-way. The following application materials are
attached:
• Check to City of Fayetteville in the amount of $930 ($200 plus $5 Sign Fee)
• Signed Right -of -Way Vacation application form
• Vacation Exhibit
• Certified List of Adjacent Property Owners
• 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,
C .1�smi Appel
Enclosures
ENGINEERING SERVICES INC.
Brian J. Moore, P.E. I Tim J.Mays, P.E. Jason Appel, P.E. Jerry W. Martin
President Vice President Secretary / Treasurer ChairmRia r ir1§cQdmmission
2017
Page 4 of 18
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P ITION TO VACATE A RIGHT OF WAY LOCATED IN 'PLAT 1-47 ANDERSON 2"" SUBDIVISION TOr THE
CITY OF FAYETTEVILLE ARKANSAS
TO: The City of Fayetteville Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the right-of-way hereinafter
sought to be abandoned and vacated, lying in Plat 1-47 Anderson 2nd Subdivision, City of Fayetteville,
Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as follows:
DESCRIRTION OF PORTIO AFSTREET TO BE VACATED:
A PORTION OF BUCHANNAN AVENUE AS SHOWN ON PLAT OF ANDERSON'S 2ND ADDITION TO THE CITY OF
FAYETTEVILLE ACCEPTED BY THE FAYETTEVILLE CITY COUNCIL AUGUST 24, 1959 AND FILED IN PLAT
BOOK 1 AT PAGE 47 OF THE WASHINGTON COUNTY RECORDS, SAID ANDERSON'S 2ND ADDITION BEING A
PART OF THE SOUTHWEST QUARTER (SW 114) OF THE NORTHWEST QUARTER (NW 114) OF SECTION 21,
TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 OF BLOCK 1 OF SAID ANDERSON'S 2ND ADDITION;
THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID BUCHANNAN AVENUE, ALSO BEING ALONG
THE EASTERLY LINES OF LOTS 8 AND 9 OF SAID BLOCK 1, N00°02'35"E A DISTANCE OF 203.10 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, S89°57'07'E A DISTANCE OF 60.00 FEET TO THE
NORTHWEST CORNER OF LOT 6 OF SAID BLOCK 1; THENCE ALONG THE EASTERLY RIGHT OF WAY LINE
OF SAID BUCHANNAN AVENUE, ALSO BEING THE WESTERLY LINES OF LOTS 6 AND 7 OF SAID BLOCK 1,
S00°02'35"W A DISTANCE OF 198.71 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7 AND THE
SOUTHERLY LINE OF SAID ANDERSON'S 2ND ADDITION; THENCE ALONG THE SOUTHERLY LINE OF SAID
ANDERSON'S 2ND ADDITION (ALSO BEING THE NORTHERLY LINE OF GARRIOTT SUBDIVISION TO THE CITY
OF FAYETTEVILLE, FILED IN PLAT BOOK 3 AT PAGE 321 OF THE WASHINGTON, COUNTY RECORDS),
S85°52'00"W A DISTANCE OF 60.16 FEET TO THE POINT OF BEGINNING, CONTAINING 0.28 ACRES (12,054
SQ.FT.), MORE OR LESS.
That the abutting real estate affected by said abandonment of the right-of-way in Plat 1-47 Anderson 2nd
Subdivision to the 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 right-of-way.
The petitioners pray the above described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described right-of-way, and that the owners of
the above described real estate be free from the right-of-way for the public use of said right-of-way.
Dated this day of _ J iff 2017.
.I LL 01MLEQ
Printed name Signatureh,A��r+
IC4 � - (
Vji, $_
Printed name Signature
Planning Commission
November 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 7 of 18
ITTILITY APPROVAL FORINT
FOR RICHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10/14/2017
UTILITY COMPANY: AT&T
APPLICANT NA -ME: Pinnacle Foods
APPLICANT PHONE: (479)-751-8733
(Jason Appel — ESI)
REQUESTED VACATION (applicrnit anust check all that apps v):
f Utility Easement
_1 ftJtt-of-way for alley or streets and all utility casements located withiji the vacated right- oll way.
t AIley
x Stre:trifht-of=w-av
1 have been not [fled ofthe petition to vacate the following (alley, easewen(, ri hl-ol-i ov). described as follows:
General location l Address 1000'VV 15TH ST PINN=ACLE FOODS
N (ATTACH legal and graphic representation n/ what is being vacated-SUIR 14j)
UTILITY COMPANY COMMENTS,
_I No objections to the vacation(s) described above. and no continents.
I No objections to the vacatiou(,$) described above; provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are mer
//�� Digitally signed by JEFF HAMILTON
JEFF HA
V � I LTO N ee.afl jh5430@atLcomN, -AT&T, —CONSTRUCTION/ ENGINEERING,
Date: 20 17,10.16 12:21:39 -05'00'
Si. -nature of Utility Company Repi,e-sentative
(R OSP PI_IG ENGRG DESIGN
Title
,1/ay2j344nning Commission
rayoNovember 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 8 of 18
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
U"r1LITY EASEMENT VACATIONS
DATE: 10/16/20107
UTILITY COMPANY: BlackHills Energy
APPLICANT NAME: pinnacle Foods APPLICANT PHONE: (479)-751-8733
(Jason Appel — ESI)
REQUES'T'ED VACATION (applicant nrua7 check all that apply):
11 Utility Easement
u Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, righl-qf-wary), described as follows:
General location / Address
00 (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
x 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.)
.J No objections provided the following conditions are met:
Silnattir • of Utility Company Kepresvindive
6,7f r d2wtxn, �6ra
May 2017
Page 5
Planning Commission
November 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 9 of 18
DA 1'E: / C9 -:2- rT — f —1
UTILITY COMPANY.
UTILITY APPROVAL .FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
APPLICANT NAME: Pinnacle Foods ° APPLICANT PHONE; (479)-751-8733
(Jason Appel — ESI)
REQUESTED VACATION (applicant must cheek till May upply):
'1 Utility Easement
J Right-of-way for alley or streets and all atility casements located within the vacated right- of- way,
A Alley
N Street right-of-way
1 have been notified of the petition to vacate the foilowing (alley, e asemew, right -ref ivgj} ), described as follows
Ceaterzal location /.Address
CA (ATTAC'll legal det'eription and graphic representation of what A being vracated4URVEY)
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:
Sigulatow (d I jtihft t y fhanTlzrlarEwmaatire
Title
°anc
Manning Commission
November 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 10 of 18
C
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY fly OF .•lYlTScr'fLLBt/si7`G, 4'�JG
APPLICANT NAME: Pinnacle Foods APPLICANT PHONE: (479)-751-8733
(Jason Appel — ESI)
REQUESTED VACATION (applicant neust check all that apply):
.1 Utility Easement
J Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
7 Alley
' Street right-of-way
I have been notified of the petition to vacate the following (alley, ear emenl, righ(-of=uur). described as follows:
General location / Address
IN (ATTACH legal description amid graphic representation of what is being vacutecl-SURVEI)
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.)
i No objections provided the following conditions are met:
Signature f Utility [" t7 an) Representative
Title
,I Fin•' 2017
1'ag" 171anning Commission
November 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 11 of 18
UTILITY AITHOVAL FORM
F014 RIGHT-OF-WAY, ALL£1',AND
UTILITY EASEMENT VACATIONS
0A I I , 10/17/2017
i € 111,1 11' L't)Mlr:' NY: Cox Communications
\PPLICANI NANIF: Pinnacle Foods A11111.IC'ANI Pdioxri: (479)-751-8733
(Jason Appel — F51)
RI -Q1 Ha l 1 1) VAC A I ]ON WpIdiesiot trursf (•frrc•A aff that upf trp
I llilily Iris: nelll
141Ltfl i�l A�:a4' for sulci 11r arvevi and illi t7tllill eawndllls located ti illtill 111e VT caved fiuilf- ol- i4. a%,
Allev
�11'e('I l iw�itl-pal-��'il1'
111,rvc licell llr,lilied of llll pt!fltirnl 10 vnealc ldl4 or�.'>llvw, rte 1,P ,d•n'url, de-,eribed n5 lollow+
Crelrct'al Inealioll f Addrrss
X l•t 1'%: I t'1f 1c^girl tf��u^rJprfun r�rrf �=rnpfPfe� rc�rc^��^rtlrtrfnii rf"�l'll(Pf fc hc'iif�� ►rre�rtic�rl-.SCskl'frt"1
I l III 1 11' COMPANY ('01NINIF-s TS-.
No ob eclion'; to the vacalion(s) dcwridtcd ;flue c, avid no vommowi,
Nil ol)lvcthill`i to file vacation[.) dewr'ibed ab('b c. 111`006:d 1il11(mill L. fleaVfibed 01,01 Mils are rt:wiud.
6Ulle tlEc 1006011, di1ncn,'10f1s, �nld Ilur1)11,e belrM.d
x '40 C 1bJC,: i0lts hrovi&d the iollo trim, ctmditilxlrs ary fuel:
Any damage to or relocation of existing facilities will be at the owners/developers
expense.
yi atarre n1 lltilitq Coittpan% Repieretllalive
Construdon & Planning Manager
'I isle
Planning Commission
November 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 12 of 18
UTILITY M"PROVAL FORM
FOR RIGHT- OF- WAV, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: -- Ja, t 7
UTILITY COWAN Y: 6ZC,,, 1�- k- S
APPLICANT NAME: Pinnacle Foods APPLICkNTPHONE: (479)-751-8733
(Jason Appel — ESI)
RE-QUES-rED VACATION (applicant must cheek till that upp4v)-,
Utility Easement
Right-of-way foe alley or streets and all utidty easements located within the vacated flght- of- way.
'i Alley
Street right-of-way
I have been notified of tile petition to vacate der followi
Ing, . easumew, described as follows:
General location / Address
11 (A ITA CH legal description aW graphic representagan of what is being vacated-Stjl? VEY)
UTI LI TY COM PANY COMMENTS.
XrNo objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described. casements are retained.
(State the location, dimensions, and ptirpose below.)
-i No objections provided the following conditions are met:
Signalgft Utility E6!pw?y Repteselliat I've
Tille
Uoi 2017
JPlanning Commission
November 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 13 of 18
UTILITY APPROVAL F011M
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: j //0-019
UTILITY COMPANY: C :�y
APPLICANT NAME: PinnacleFoods APPLICANT PHONE: (479)-751-8733
(Jason Appel — ESI)
REQUESTED VACATION (applicant mast check rill that apply):
F] Utility Easement
U Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
x Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right -c# -way), described as follows:
General location / Address See attached
01 (ATTACH legal description and graphic representation oJ'what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no continents.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
i No objections provided the following conditions are met:
TitleF 02
Planning Commission
November 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 14 of 18
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
13ATE: fig - rk
UTILITY COMPANY;
APPLICANTNAME: pinnacle Foods APPLICANTPHONIC: (479)-751-8733
()ason Appel — ESI}
REQI ILST'f D VACATION (applievul must cheek crit that apply):
Utility Easement
1 ]v ,ht -of way for alley or streets mid all utility easements located within the vacated right -of- way.
i Alley
Street rinitt-of-way
I have been notiFted Of the petition to vactsle the following (alley, easemeou, right-rat-4ay), described as follows:
General location / Address
IN (,4T7AC11 legal rlescriprion and graphic representation of what is heing varatedl-S'€hRYEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comrnents-
i No objrctions to the vacations} described above, provided following described casements are retained.
(Slate the location, dimensions. and purpose below,)
�l :No objections provided the following conditions Lire nic.t:
Signature df Utility Company Representative
title
Afro 2O!?
Pa,gesPlanning Commission
November 27, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 15 of 18
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 16 of 18
VAC17-5995 PINNACLE FOODS STREET R -O -W
Close Up View
Legend
Hillside -Hilltop Oveday District
e
Planning Area
r — —
t Fayetteville City Limits
Shared Use Paved Trail
Building Footprint
P-1
U.1
a
z
a
9
z
-, M
Subject R -O -W ; o
- 12TH ST
1-2
RNI F-24
C-�
NORTH
Feet
0 75 150 300 450 600
1 inch = 200 feet
RMF -24
1-2 General Industrial
C-2
,4 r Commercial, Industrial, Residential
P-1
Planning Co mission
November 7, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 17 of 18
VAC 17-5995
Current Land Use
PINNACLE FOODS STREET R -O -W
e r
• � � Multi-Familysy
r
47
r
Multi -Family rte;,
.HERRYkQOD DR
` Subject R -O -W # I.
•�!}1t a0
-4 INQ
g
Pinnacle Foods Group
15TH STS — -
Streets Existing
MSP Class
COLLECTOR
PRINCIPAL ARTERIAL
Planning Area
- - -; Fayetteville City Limits
Single Family
Feet
0 112.5 225 450 675 900
1 inch = 300 feet
Im m
a
FEMA Flood Hazard Data
100 `rear Floodplain
Floodway
Planning Con mission
Novembner 7, 2017
Agenda Item 3
17-5995 Pinnacle Foods ROW
Page 18 of 18
f
JAN 0 2 2018
NORTHWEST ARKANSAS
Democrat(�azette
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. 6021
Was inserted in the Regular Edition on:
December 28, 2017
Publication Charges: $ 88.40
0 ffe—i'401, f,
Subscribed and sworn to before me
This Z day of �G , 2017.
Pz6a k,
Notary Public
My Commission Expires:
CATHY WILES
Arkansas - Benton County
I Public - Commt 12397118
My Commission Exnires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6021
File Number: 2017-0699
VAC 17-5995 (1100 W. 15TH
ST./PINNACLE FOODS) STREET
RIGHT-OF-WAY:
AN ORDINANCE TO APPROVE VAC
17-5995 FOR PROPERTY LOCATED AT
1100 WEST 15TH STREET 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 about .28 of an acre of 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
about 0.28 of an acre of a 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 costs associated
with relocation of or damage to utilities
shall be at the owner/developer's expense.
PASSED and APPROVED on 12/19/2017
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74381963 Dec. 28, 2017