HomeMy WebLinkAboutORDINANCE 6022113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6022
File Number: 2017-0696
Doc ID: 017816870004 Type: REL
Kind: ORDINANCE
Recorded: 01/10/2018 at 08:48:41 AM
Fee Amt: $30.00 Paqe 1 of 4
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2018-00000994
VAC 17-5994 (1100 W. 15TH ST./PINNACLE FOODS) UTILITY EASEMENT:
AN ORDINANCE TO APPROVE VAC 17-5994 FOR PROPERTY LOCATED AT 1100 WEST 15TH
STREET 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 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 a portion 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 condition that any relocation of or damage to existing
utilities or existing facilities shall be at the owner/developer's expense.
PASSED and APPROVED on 12/19/2017
Page 1 Printed on 12120117
Ordinance: 6022
ReNjimber 17-0696
Attest:
- kL'asa'5' i.,&.
Sondra E. Smith, City Clerk Treasurer
• wy..
0: F AYETTEVILLL:
w C' h
kA
Page 2 Printed on 12/20/17
17-5995
EXHIBIT 'B"
DESCRIPTION OF UTILITY EASEMENT TO BE VACATED:
A UTILITY EASEMENT 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 SOUTHWEST CORNER OF LOT 8 OF BLOCK 1 OF SAID
ANDERSON'S 2ND ADDITION; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 8,
ALSO BEING THE SOUTHERLY LINE OF SAID ANDERSON'S 2ND ADDITION, S85052100"W
A DISTANCE OF 5.01 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND PARALLEL
TO THE WESTERLY LINE OF SAID BLOCK 1, N00002'35"E A DISTANCE OF 819.74 FEET
TO THE NORTHERLY LINE OF SAID ANDERSON'S 2ND ADDITION; THENCE ALONG SAID
NORTHERLY LINE, S89°53'35"E A DISTANCE OF 5.00 FEET TO THE NORTHWEST
CORNER OF LOT 14 OF SAID BLOCK 1; THENCE CONTINUING ALONG THE NORTHERLY
LINE OF SAID ANDERSON'S 2ND ADDITION, S89053'35"E A DISTANCE OF 5.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE AND PARALLEL TO THE WESTERLY LINE OF
SAID BLOCK 1, S00002'35"W A DISTANCE OF 819.00 FEET TO THE SOUTHERLY LINE OF
SAID ANDERSON'S 2ND ADDITION; THENCE ALONG SAID SOUTHERLY LINE, S85052'00"W
A DISTANCE OF 5.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.19 ACRES
(8,194 SQ.FT.), MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
01!1012018 08:48:41 AM
and recorded in Real Estate
File Number -000
Kyle Sylvest rte- r a L'irk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0696
Agenda Date: 12/19/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 4
VAC 17-5994 (1100 W. 15TH ST./PINNACLE FOODS) UTILITY EASEMENT:
AN ORDINANCE TO APPROVE VAC 17-5994 FOR PROPERTY LOCATED AT 1100 WEST 15TH
STREET 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 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 a portion 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 condition that any relocation of or damage to existing utilities or
existing facilities shall be at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 1212012017
Andrew Garner
Submitted By
City of Fayetteville Staff Review Form
2017-0696
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 17-5994: Vacation (1100 W. 15TH ST./PINNACLE FOODS, 561): Submitted by ENGINEERING SERVICES, INC. for
property at 1100 W. 15TH ST. The property is zoned I-2, GENERAL INDUSTRIAL and contains approximately 46.57
acres. The request is to vacate a portion of a utility easement.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Fund
Project Title
Remaining Budget $ i
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
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 19, 2017
SUBJECT: VAC 17-5994: 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 utility
easement.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of VAC 17-5994 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. 151h Street and is developed with a manufacturing facility. A
platted but apparently unused utility easement extends from the north property line for over 800
feet to the south, is 10 -feet wide and contains 0.19 acres.
Proposal: The applicant proposes to vacate the entirety of this unused utility easement, as shown
in the attached Exhibits `A' and 'B', in order to prepare the site for additional development.
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
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
VAC17-5994
Close Up View
LIM
Legend
PINNACLE FOODS UTILITY EASEMENT
RNIF-2a
-�rvrry,
Hillside -Hilltop Overlay District
- Planning Area
r Fayetteville City Limits
Shared Use Paved Trail
Building Footprint
1.2
RN1! -40
cR
0
Uj 06
lli� 0
m4 �Qti
a
CHERRYWoOD DR
Feet
0 112.5 225 450 675 900
1 inch = 300 feet
17-5994
EXHIBIT 'A'
RPZD
NORTH` -
RMF -24
RMF40
1-1 Heavy Commercial and Light Industrial
1-2 General Industrial
C-2
Commercial, Industrial, Residential
P-1
17-5995
EXHIBIT 'B'
DESCRIPTION OF UTILITY EASEMENT TO BE VACATED:
A UTILITY EASEMENT 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 SOUTHWEST CORNER OF LOT 8 OF BLOCK 1 OF SAID
ANDERSON'S 2ND ADDITION; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 8,
ALSO BEING THE SOUTHERLY LINE OF SAID ANDERSON'S 2ND ADDITION, S85052100"W
A DISTANCE OF 5.01 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND PARALLEL
TO THE WESTERLY LINE OF SAID BLOCK 1, N00°02'35"E A DISTANCE OF 819.74 FEET
TO THE NORTHERLY LINE OF SAID ANDERSON'S 2ND ADDITION; THENCE ALONG SAID
NORTHERLY LINE, S89°53'35"E A DISTANCE OF 5.00 FEET TO THE NORTHWEST
CORNER OF LOT 14 OF SAID BLOCK 1; THENCE CONTINUING ALONG THE NORTHERLY
LINE OF SAID ANDERSON'S 2ND ADDITION, S89°53'35"E A DISTANCE OF 5.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE AND PARALLEL TO THE WESTERLY LINE OF
SAID BLOCK 1, S00°02'35"W A DISTANCE OF 819.00 FEET TO THE SOUTHERLY LINE OF
SAID ANDERSON'S 2ND ADDITION; THENCE ALONG SAID SOUTHERLY LINE, S85052'00"W
A DISTANCE OF 5.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.19 ACRES
(8,194 SQ.FT.), MORE OR LESS.
CITY OF FAYETTEVILLE, ARKANSAS
Right -of - may, 'Easement or Alley
VACATION
I -OR STA F, F (F -YE. ONLY_
Urate Applicafiotl
Date .4ccelm,u] us
' '"mplcfe!
Projec-IN14mber:
Public Ile aring L)afe:
I -LE.- 5200.0
Si gn fee: S.5.00
S- T -R:
Please fill out this form completely, supplyinp
gall necessary inforrnatio(iatiddOCLtinctitation tostipponyour reclutst.
Application:
Indicate one contact person for this request:
Applicam (person makingr request):
0
Name: Pinnacle Foods
Address: 1100 W 151h Street
Fayetteville, AR 72701
Phone. ( 479 ') 443 - 3451
Email:
Applicant X RepreseRtative
Representative (epigineer, surveyor, reallor, etc.):
Name: Engineering Services Inc.
Address: 1207 South Old Missouri Road
P.0, Box 282
Springdale, AR 72765-0282
Phoae: ( 479 ) 751 - 8733
Email. jappel@engineeringsenjice.com
Fax: ( Rax: ( 479 ) 751 - 8746
Site Address 1 Location: 1.100 W 151h Street Fayetteville AR, 72701.
Legal description of area to be vacated (attach separate sheet if necessary):
Current Zoning District. 1-2 General industrial
Assessors Parcel Number(s) for subject property: 765-14979-000
1 -TY 4 NC1. 4 L I N TER RV
The following entities and / or people have financial interest in this project-,
Pinnacle Foods
40- -'017
pasf I
APPLIC?.,tiYTIREPRF-,,'VF,tYT,4'Tll,'E: I certify onder penalty of perjff; that the foregoing statements and answers
herein made all data, inforniation, and evidence herewith subinitted are in all respects, to the best of my knowledge
and belief, true and correct, I understand that submittal ofincorivet or false infon-nation is grounds for invalidation
rel' application Completeness, determination, or approval. I undersuind that the City might not approve what I am
applying for, or might set conditions on approval.
R-MMU==1111 . �f-
PROPERTY 01VNIER(5) /A U1710RI7.ED AGEA-7- L"we certify= under penalty of perjury that I am/we art the
owners) of the property That is the subject oFthis applicalioji and that I/we have read this application and consent to
its filing. ffsigged by the authorized agiLM, a ,fetter Lr_0111errc�lr prriMHE apiwer must he providorl hidleatilig ffilit
the apent is aullootized (a ext on hislber behall )
04"Ien (attach ailditional info if neccmary).-
Name (printed): I L L (&D Li_: �+
S i U- n ; i ( t I r e:
Date:
Name (printed): A)Jrt,0QVI
Signature:
Date: 10/1(
I P
Vacation Checklist:
PI1.11�
Address: 00
Opk)VIe, A9.
Address:
Phone: (IL) 4-r11 —( '? (5—
Mtach theJbIlenving ito?ns to this ql)lkoation:
(1) Payment in Rall of applicable fees for processing; the application:
$200.00 application fee
$5.00 public notification sign fee
(2) Metes and hounds 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 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 adjacent to
the street right-of-way, alley, or easement to be vacated (this document is obtained from a
title conlpnny). 1
(8) A copy of the county parcel map from the Washington County Assessor's office or from the
Washington County website (NvWNY.-CLW—,Ilhair zLon.arLi.,,). 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 shad be shown on this map.
WP2017
Pop 2
t
(9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached).
(10) For applications to vacate an access easement, alley or right-of-way only- Written consent
is required fiom all adjacent properly owners and is required to be submitted with the
application (MU11ple, font) is attached).
(11) Cotrunents from all utility companies concerning the street right-of-way, alley, or
easement to be vacated aad its relationship to existing, or planned utilities with
recommendations as to what action SI)OLI]d be taken (an example comment form is
attached) is required at application. submittal.
(12) The applicant is responsible for meeting the public notification requirements for a
Vacation listed on the Notification Requirements pages in this application.
Utilit
.v Representatives for a Vacation Request
Name
Company
Telephone
Email
Jeff Hamilton
AT&T
442-1967'
jh5430(a
Chad Hodge
Cox Communications
871-0339
C had. Hodge@ cox, corn
John Le
AF[II'SWEPCO
9732426
ttle0a aep,corn
Scott Stokes
Black Hills Corp.
435-0229
Scol.t.StakesC&blackliil.lscorp.com
Wes Mahaffey
07orks 0ectric
684-4649
Nrnahaffey@ozarksecc,cotn
Or
Mike Phipps
684-4096
mphippj,9azarksecc.corn
City Divisions:
Mark Rogers
Water and Sewer
575-8392
iiirogcr,%@f4yefteville-aT.gov
Maury Nelson
Solid Waste
575-8397
rmlelson@fkvetteville-ar.gov
Terry Gulley
Transporta. tion
444-3491
tglulley(-,fayetteville-ar.gov
*Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage
Easement Vacation is being requested.
UqY 2017
per 3
IWA
CITY OF
FAXETTEVILLE
ARKANSAS
TO:
THRU:
FROM:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Quin Thompson, Planner
MEETING DATE: Nuvem6ef-2Z,2017 UPDATED 11-29-2017
SUBJECT: VAC 17-5994: 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 a utility
easement.
RECOMMENDATION:
Staff recommends forwarding VAC 17-5994 to City Council with a recommendation for approval
with conditions.
BACKGROUND:
The subject property is at 1100 W. 15th Street and is developed with a manufacturing facility. A
platted but apparently unused utility easement extends from the north property line for over 800
feet to the south, is 10 -feet wide and contains 0.19 acres.
Table 1
Surrounding Zoning and Land Use
Direction
Land Use
Zoning
North
Multi -family Residential/Undeveloped
RMF -24, Residential Multi-family/R-PZD Hill Place
South
Single-family Residential/Two-family Residential
RMF -24, Residential Multi-family/RSF-8,
Residential Single-family
East
UARK RV Park/Single-family Residential
P-1, Institutional/RMF-24, Residential Multi -family
West
Railway
1-2, General Industrial
Proposal: The applicant proposes to vacate the entirety of this unused utility easement, 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:
annmg ommission
Mailing Address: No ember 27, 2017
113 W. Mountain Stfeet www.fayettevll1eAt69ffltem 2
Fayetteville, AR 72701 17-5994 Pinnacle Foods Easement
Page 1 of 15
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 Responses
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 17-5994 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;
j Planning Commission Action: R Forwarded O Tabled O Denied
Meeting Date: November 27 2017
Motion: HOFFMAN, MOTION TO APPROVE AS RECOMMENDED BY STAFF.
Second: NIEDERMAN
Vete: 9-0-0
BUDGET/STAFF IMPACT:
None.
Planning Commission
November 27, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5994 VAC 1100 W. 15th St. (Pinnacle Agenda Item 2
Foods Util. Easement) 561\03 Planning Commission\11-27-2017\Comments and Redlines 17-5994 Pinnacle Foods Easement
Page 2 of 15
Attachments:
• Request Letter
• Petition to Vacate
• Utility Approvals
• Easement Vacation Exhibit
• One Mile Map
• Close -Up Map
• Current Land Use Map
Planning Commission
November 27, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5994 VAC 1100 W. 15th St. (Pinnacle Agenda Item 2
Foods Util. Easement) 561\03 Planning Commission\11-27-2017\Comments and Redlines 17-5994 Pinnacle Foods Easement
Page 3 of 15
ENGINEERING SERVICES INC.
1207 S. Old Missouri Rd. + P.Q. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8746
October 10, 2017
Fayetteville Planning Division
125 W. Mountain Street
Fayetteville, Arkansas 72701
RE: Pinnacle Foods Corp. Utility Easement Vacation
To whom it may concern,
On behalf of our client, we are submitting application materials to vacate a portion of an existing ten -
foot -wide utility easement along the Northwest side of Parcel 765-14979-000 in Fayetteville, Arkansas.
The property is zoned 1-2 General industrial. There is a ten -foot utility easement from Plat book 1-47
Anderson 211 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 this easement. All required utility companies have been contacted for approval to vacate
this portion of easement. The applicant is aware that this item will not be placed on planning
commission agenda until all utility companies have approved of the vacation and the required approval
forms will be submitted to the City of Fayetteville upon receival of the proper forms. Please find the
following application materials attached:
• Check to City of Fayetteville in the amount of $930 ($200 plus $5 Sign Fee)
• Signed Utility Easement 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,
Jason Appel
Enclosures
Brian J. Moore, P.E. I Tim J. Mays, P.E. Jason Appel, P.E. I Jerry W. Martin, P.E.
eag r - President VicePro4dent Secretaryrrreasurer l Chahmanoftpq&fflTAgCommission
1 27,
elft £NGIf�#l;ER1NG SEFMG� INC. s • Engineers • •Surveyors • - ■ Item em 2 2
17-5994 Pinnacle Foods Easement
Page 4 of 15
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1
PETITION TO VACATE A UTILITY EASMENT LOCATED IN PLAT 1-47 ANDERSON 2NO SUBDIVISION TO THE
CITY OF FAYMEVILLE ARKANSAS
TQ: The City ofFayet eviNePiannmgCommission and
The Fayetteville City Council
We, the undersigned, being all the owners ofthe real estate ubutdngthe utility easennpnthereinafter
sought to be abandoned and vacated, lying in Plat 1-47 Anderson 2'd Subdivision, City of Fayetteville,
Arkansas, a i-nunicipal corporation, petition to vacate a utility easement which is described as follows:
DESCRIPTION OF UTILITY EASEMENT TO BE VACATED:
AUTILITY EASEMENT ASSHOWN 0NPLAT OFANDERSON'S 2woAD 7lUNTOTHEC|rYDFF^Y[/TEVLL[
ACCEPTED BY THE FAYETTEVILLE CITY COUNCIL AUGUST 24,1959 �ND FILED IN PLAT BOOK 1 AT PA'3E
47 OF THE WASHINGTON' COUNTY RECORDS, SAID ANDERSOWS 2ND ADDITION BEING A PART OF THE
SOUTHWEST QUARTER (SVV1j4)OFTHE NORTHWEST QUARTER (NW ,/4)OFSECTION 21.TOWNSHIP 16 -
NORTH, RANG)E 30 WEST, FAYETTEVILLE, WASHINC3TON COUNTY. ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED ASFOLLOWS,,
BEGINNING AT THE SOUTHWEST CORNER OFLOT 8OFBLOCK 1OFSAID ANDERSON'S 211r' ADDITION;
THENCE ALONG THE SOUTHERLY LINE OFSAID LOT 8.ALSO BEING THE SOUTHERLY LINE ��FSAID
ANDERSON'S 2woAD0T0M.S85~52'0O''VVADISTANCE QF5,01FEET. THENCE LEAVING SAID SOUTHERLY
LINE AND PARALLEL TOTHE WESTERLY LINE UFSAID BLOCK 1.NO0^02'35~EADISTANCE OF818,74FEET
TOTHE NORTHERLY LINE DFSAID ANDERSON'S 2moADDITION; THENCE ALONG SAID NORTHERLY LINE.
S88^53'35^EADISTANCE OF5D0FEET TOTHE NORTHWEST CORNER OFLOT 14OFSAID BLOCK 1�
TUENCECDNT|NU(NGALONGrHENORTHERLYL1NEVFSA|DANDERSSOM'S2wo&DDmON,8O9~53`25^EA
DISTANCE OF 5,00 FEET, THENCE LEAVING SAID NORTHERLY LINE AND PARALLEL TO THE WESTERLY
LINE OF SAID BLOCK 1, S00'02'35"W A DISTANCE OF 819.00 FEET TO THE SOUTHERLY LINE OF SAID
ANDERSON'S z"oADDITION; THENCE ALONG SAID SOUTHERLY LINE, 885~52'OO"WADISTANCE 0F5.01
FEET TOTHE POINT OFBEGINNING, CONTAINING 0.19 ACRES (0.134S2-FT.).MORE (}RLES&
That the abutting real estate affected by said abandonment of the easement in Plat 1-47 Anderson 2 nd
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 poncion of the above
described utility easement.
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 Cityof
Fayetteville, Arkansas, abandon and vacate the above described utility easement, and that the owners
of the above described real estate be free from the easement for the public use of said easement.
Dated this /U d a y of 2017.
E')1LJj10X4_
PAed name
1�f _aw�Ll�
Printed name
Signature
-4
Planninguommission
November 27.201r
Agenda Item c
1r-5on«Pinnacle Foods Easement
Page om1n
UTILITY APPROVAL FOItM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1011612017
UTILITY COMPANY: =.. I
APPLICANT NAl11E: Pinnacle Foods
APPLICANT PHONE: (479)-751-8733
(Jason Appel — ESI)
REQUESTED VACATION (applicant must elreck all that apply):
x Utility Easement
A Right -of. -way for alley or streets and all utility easements located within. the vacated right- of- way.
_I Alley
'I Street right-of-%vay
I have been notified of the petition to vacate the following (allot°, eusentem, ri ht-of-'ivc t-), described as follows:
General location l Address See attached
Ix (ATT.4C11legal description g&g graphic representation of what is being vavitfed-SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.. and no comments.
-1 Na objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
.A No objections provided the following conditions are met:
//�� Digitally signed by JEFF HAMILTON
I LTO N ee--il jh543 @att �oON� UST&T, ou=CONSTRUCTION/ ENGINEERING,
JEFF H A � y �
Date, 2017,10.1612.1 a07 -05'00'
SigtIZ2ture of Utility Company Representative
MGR OSP PLNG & ENGR DESIGN
Title
d9cn, j Wning Commission
paneljovember 27, 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 7 of 15
C
DATE: 10/16/2017
UTILITY APPROVAL, FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
IJTILITYCOMPANY: BlackHills Energy
APPLICANT NAME: Pinnacle Foods APPLICANT PHONE: (479)-751-8733
(Jason Appel — ESI)
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
U Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
J Alley
I Street right-of-way
I have been notified ofthe petition to vacate the following (alley, easement, right-f#4vay), described as follows:
General location / Address See attached
ix (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS.
A No objections to the vacation(s) described above, and no comments.
I No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
U No objections provided the following conditions are met:
Signature of Utility Company6.04�0tc' Rcpresenta c
4,
Title
Alay 2017
Page 5
Planning Commission
November 27, 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 8 of 15
UTILITY APPROVAL FORM
FOR RICHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE; /c7//'eeJl
UTILITY COMPANY. j2j 7y (j,t✓ -Jya ✓I ",E i��- � S&7-.-WaW.
APPLICANT NAME: Pinnacle Foods APPLICANT PHONE: (479)-751-8733
(Jason Appel — ESI)
REQUESTED VACATION (applicant roust check all float app(y):
M Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
A Alley
Street rinht-of-wav
1 have been notified of the petition to vacate the following (nilev, eavemenl, right-oJ=a� ur), described as follows:
General location / Address See attached
01 (4TTACH legal description and graphic representation of what is being vacated--.SLIRVE1)
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.)
J No objections provided tate following conditions are met:
Signature if Utility' CIO
I t any Representative
Title
Afav 2017
Page Planning Commission
November 27, 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 9 of 15
UTILITY APPROVAL FORM
FOR 11WHT- €)F- WAY, ALLEY, AND
UTILITY FASPNIKIST VACATIONS
DA I l:: 10/17/2017
I i l Ila l l` t.Tlhlf'ANY: Cox Communications
t PPLICAN 1 NAN41' Pinnacle Foods APN1 ICAC I Isl OlNE— (479)-751«$733
(lawn Appel — ESI)
Rl;t�r 31:5 I ED VAl'A1 I It N rupplic alai Mali.+! check (III that
X IIfil'A 1';aseanvw
Muhl -of -a} liar nil« iap �trccl5 nitJ ;d# ulilil�• cawlItellIa hicaled �� illrin the sacs lead r�iebt- ol- vw%.
AlIq
Sireer rielik til w;r�
hake been 110611rd adf 1hi: p litioll tis v;iCate tine 1olhalaiti�!lul('T' �%4VVsiWW' ai�=1Fa��,/..t,�}•}, ri��,crilzc�i rt kiil9r��tiy:
f;cuvrj0 lunation l Acldre5s ice atlalched
X t. ITT It 11 legal 11VAc'rill iaalr rsl trhw A Jiehig
J! lit I IL), t'{IMIANY COVXIJ-TN `5:
No oblj clitan5 to the Nacatiolillq kwribed>llja1e. ;111(1 Ili, Volnnleltt5.
"dna olliecliuns to the racatiunls) clescrilted nbovv' prow ideal fssllo%N inu doNcrib d easumew,, ;s., reiaitred.
(Sl;rle file location, d me:nsioas, and pnrpwc below.)
X. °Jae objections provided the llolliwiinv conditions ore nact:
Any -d a a or �CZC� i�tin� f7ril tl � will be r ,kh. �n� r r Flu fo��ers
expense.
�nalaatc ief I Itilil) Company Rvpreseowrivcc
Construction & Planning Manager
ritIF
Planning Commission
November 27, 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 10 of 15
UTILITY APPROVAL FORM
FOR RIGHT. OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATION$
DATE: - Jo - le- 17 -
UTILITY COMPANY: —O—zr6e- � __s
APPLICANT N.,mr:,. Pinnacle Foods
APPLICANT PHONE: (479)-751-8733
oasankp—pel I ES -1)
REQUESTED VACATION (applivant must cbrcA all Mat eippto�):
X Utility Easement
J Rigbt-of-way for alley or streets and all utility casements located wilbin the vacated right- of- way.
C-1 Alley
Street right-of-way
I have been notified of the petition to vacate the following (al/ey, eaqemem, right-q--w4ry), described as follows:
General location Y Address See attached
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 casements are retained.
(State the location, dimensions, and purpose below.)
U No objections provided the following conditions are nict:
Swn4i4j'/of 1-hillry Corn (epresentativc
C,
Title,
kfav 2017
Page 5PIanning Commission
November 27, 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 11 of 15
UTILITY APPROVAL FORM
FOR RICHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
uA"rE: fry- d - /-7
UTILITY COMPANY: C , • .
APPLICANT NKMI-: Pionacle Foods APPLICANT PHONE- (479)-751-8733
(Jason Appel — ESI)
REQUESTED VACATION (applicant must check «11 that gpp�V):
A Utility Easement
I Right-of-way for alley or sweets and all ditility easements located within the vacated right- of- way.
Alley
Street right-of-way
have been notified of the petition to vacate the following (0*7 easement, right -ref wq), described as rollows:
General location /Address See attached
IN (ATTACH legal description and graphic representation of what is being vacated-SURI'L Y)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above. acid no comments.
f] No objections to the vacation(s) described above, provided folloving described easements are retained,
(State the location. dimensions, and purpose below.)
J No objections provided the following conditions are auct:
�aF
Sipnaitrre ol'Utility Company Representative
Ti l le
a
Afav 201
Prier .Planning Commission
November 27, 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 12 of 15
VAC17-5994 PINNACLE FOODS UTIL
One Mile View
-
0 0.125 0.25 0.5 Miles
1 _
I �
MARTIN LUTHER KIN � n.
c-2
I _
I I I
E
i
I I
GS
r 1
II
II
I
p_ 1-2
I +,
I Ic
P-1
C-1
fti I -2J
1 Subject Easemen
9LtiF`-d
Legend <ts
Planning Area Fayetteville City Limits
Shared Use Paved TradTrail (Proposed) ____--PlaBuilding FootprintFay
NORTH
4
VESC
tat j
EXTRACTION
RL 51DENTIALAIME-FAMILY
=E-,
dnA•gieJ4A
COMMERCIAL
M¢•s
PesiEenlial-pllice
apr.r
c
Rata
■IE c -a
,W•T
FORM RASED DISTRICTS
ASF -a
wR
-
�U arSTaorougM1lere
RESIDENTIAL MULTI -FAMILY
in heel ceNer
/9 RTA2 R -d -I..1 Twa antl Three-f—ly
......
-
RMF.tz
It —un seMces
A� PM
Meienaomooa semus
;� Meiaaaomooa ce„seryaoon
RMF -24
PLANNED XONINO DISTRICTS
, RMF -90
Commercial IMus- Resitlen1a1
INDUSTRIAL
INSTITUTIONAL
-, L,,111 --I :;�,-, Planning Co
9�Lat u..Fwmowl
mission
Novemb
7. 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 13 of 15
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 14 of 15
VAC 17-5994
Current Land Use
PINNACLE FOODS UTIL EASEMENT
LM
Pinnacle Foods Group -
K ? • i." ti
r •15Th
.r
r— _
Streets Existing
MSP Class
NORTH
210
t. P r <
r Mulfi Family
} o
CHEIRRI;WCJ(n)In 2 ' cc
Subject Easement'.°', ;
Single Family
COLLECTOR Feet
PRINCIPAL ARTERIAL
0 112.5 225 450 675 900
Planning Area
1 inch = 300 feet
Fayetteville City Limits
z
FEMA Flood Hazard Data
100 -Year Floodplain
Floodway
Planning Con mission
November 7, 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 15 of 15
1ACIUM 01p
Multi -Family
Nf7'�� O`
LM
Pinnacle Foods Group -
K ? • i." ti
r •15Th
.r
r— _
Streets Existing
MSP Class
NORTH
210
t. P r <
r Mulfi Family
} o
CHEIRRI;WCJ(n)In 2 ' cc
Subject Easement'.°', ;
Single Family
COLLECTOR Feet
PRINCIPAL ARTERIAL
0 112.5 225 450 675 900
Planning Area
1 inch = 300 feet
Fayetteville City Limits
z
FEMA Flood Hazard Data
100 -Year Floodplain
Floodway
Planning Con mission
November 7, 2017
Agenda Item 2
17-5994 Pinnacle Foods Easement
Page 15 of 15
NoRTHWESTARKANsAs
RECEINIF A
'JAN 0 2 2018
Democrat 9CITY tAazette
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. 6022
Was inserted in the Regular Edition on:
December 28, 2017
Publication Charges: $ 84.50
) aa�_�
Karen ealer
Subscribed and sworn to before me
This_.2-Q day of'L->1c_ , 2017.
Notary Public
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comb:# 12397138
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6022
File Number: 2017-0696
VAC 17-5994 (1100 W. 15TH
ST./PINNACLE FOODS) UTILITY
EASEMENT:
AN ORDINANCE TO APPROVE VAC
17-5994 FOR PROPERTY LOCATED AT
1100 WEST 15TH STREET 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 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 a
portion 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 condition that any relocation of or
damage to existing utilities or existing
facilities 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
74382618 Dec. 28, 2017