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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 $5 Sign Fee) • Signed Utility Easement Vacation application form • Vacation Exhibit • Certified List of Adjacent Property Owners • PDF copies of all application materials, including drawings, and a .doc file of the Legal Description on CD Please contact me if you have any questions, or need additional information. Thank you, Jason Appel Enclosures Brian J. Moore, P.E. I Tim J. Mays, P.E. Jason Appel, P.E. I Jerry W. Martin, P.E. eag r - President VicePro4dent Secretaryrrreasurer l Chahmanoftpq&fflTAgCommission 1 27, elft £NGIf�#l;ER1NG SEFMG� INC. s • Engineers • •Surveyors • - ■ Item em 2 2 17-5994 Pinnacle Foods Easement Page 4 of 15 I �$ ? g ca �g4 8g�g`:n �N'g8w i IF -1 — ��— tf h c ful' U C C ItIS P =. ! "Tla y. f+ Ii L _J i I I 1—_ f f � � f 4 g � r r i y. f � � g � r r i I I r I t I I I I I I I I f 'y 1 I f f f I 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