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Home My WebLink AboutOrdinance 4979 Doc ID : 010886250004 Tvoe : REL Recorded : 03/01/2007 at 11 : 14 : 02 AM Fee Amt : $17 . 00 Paae 1 of 4 Washlnaton Countv . AR Bette Stamps Circuit Clerk E Flle200740007494 ORDINANCE NO, 4979 AN ORDINANCE APPROVING VAC 06-2400 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE BELLAFONT DEVELOPMENT, NORTH OF JOYCE BOULEVARD AND WEST OF VANTAGE DRIVE 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 portion of the platted utility easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements: See Exhibit `B" attached hereto and made a part hereof. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . Relocation of any existing utilities shall be at the owner/developer' s expense. 2. New utility easements shall be dedicated throughout the Bellafont property as needed to serve the various buildings planned to be constructed. 3. Further development of this property shall not encroach within any existing easement. Page 2 Ord. 4979 G , . • . , . , �S ,, Ty 0,6 , G� PASSED and APPROVED this 6`� day of February, 2007. FAYETTEVILLE ; APPROVED: ATTEST: c., )nAAg' GTONBy: By: Ivunn�� DAK COOD , " ayor SONDRA SMITH, City ClerkfFreasurer r I ^ EXHIBIT "A" / J70 2 or 11 I b 1 an °oo - 20.1 .45 ' °00opppp r ° LU ZZ 0 o � �= / CL w > / uvszs:ewWJK,'9 VDUYMAktF %bvlMea3Mseo-smemoueoso o"d EXHIBIT `B" VAC 06-2400 LOCATED IN A PART OF THE NW 1/4 OF THE NW 1/4 AND IN A PART OF THE NE 1 /4 OF THE NWIA OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF THE NW 1 /4 OF THE NW 1/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 201 .45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 20.00 FEET; THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 129. 19 FEET; THENCE NORTH 51 DEGREES 21 MINUTES 32 SECONDS WEST, 24.73 FEET; THENCE NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 0.056 ACRES MORE OR LESS. Washington County, AR I certify this instrument was filed on p 03/01/2007 11 : 14:02 AM and recorded in Real Estate File Number 2007-0000749 Bette Stamps - Circuit I by 00 City of Fayetteville Z/// )O7 Staff Review Form if 97 ? City Council Agenda Items n or Contracts 6-Feb-07Q 1 T City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 06-2400: (Bellafont 11, 175): Submitted by H2 Engineering, Inc. for property located at the southwest corner of the Bellafont Development, north of Joyce Boulevard and west of Vantage Drive. The property is zoned C-3, Central Commercial and contains 0.056 acres. The request is to vacate a portion of a utility easement. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budge t Adjustment Attached vPrevious Ordinance or Resolution # n/a 12 'n�l Departm�ent/ ireDate Original Contract Date: n/a ( /J Original Contract Number: n/a City Attorney Received in ity ClerkN Office q TERE� — - � ' 2 -a -7 Id Finance and Internal Service Director Date Received in Mayor's Office 17 Mayor Date Comments: y City Council Meeting of February 6, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: January 11 , 2007 Subject: Easement Vacation for Bellafont (VAC 06-2400) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a 20' general utility easement located within the Bellafont property north of Joyce Boulevard and west of Vantage Drive. BACKGROUND The Bellafont Large Scale Development has been approved for development on the overall 26-acre site for a mixed use development with restaurant space, office space, and 99 residential units. The subject 20' utility easement traverses north-south along the southwestern property line of the Bellafont property as depicted on the attached exhibits. This easement is not needed for this development as other utility casements have been dedicated for the Bellafont project, currently under construction. The overall 20' easement was originally platted on this undeveloped property for general utility use. Utility representatives have no objections to the requested vacation. The request is to vacate approximately 0.056 acres of the existing utility easement. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission on January 8, 2007. The Planning Commission voted 9-0-0 to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2400 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER . OF THE BELLAFONT DEVELOPMENT, NORTH OF JOYCE BOULEVARD AND WEST OF VANTAGE DRIVE 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 portion of the platted utility easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements: See Exhibit `B" attached hereto and made a part hereof. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. New utility easements shall be dedicated throughout the Bellafont property as needed to serve the various buildings planned to be constructed. 3 . Further development of this property shall not encroach within any existing easement. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer e co EXHIBIT "A" / L i I � • I I I / 4 AD N, o �; Op 0000 - . 201 . 45 ' Opppp / OppO e T / %f LU ZZ / �l W Q OIL:: W � / lia 25'75:69W7/9U9 h10ILtl�Yn iMJ53'�wvlN3w35Y3540501�+D1560io15WZF nW PMd , . EXHIBIT `B" VAC 06-2400 LOCATED IN A PART OF THE NW %4 OF THE NW %4 AND IN A PART OF THE NE '/4 OF THE NW %4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW % OF THE NW '/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 201 .45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 20.00 FEET; THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 129. 19 FEET; THENCE NORTH 51 DEGREES 21 MINUTES 32 SECONDS WEST, 24.73 FEET; THENCE NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 0.056 ACRES MORE OR LESS. Taye PC Meeting of January 8, 2007 ARKANSAS THE CITY OF FAYETTEVI'LLE. ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Deee .> er 29 2006 Updated January 11, 2007 VAC 06-2400: (BELLAFONT, 175): Submitted by H2 ENGINEERING, INC. for property located at the SOUTHWEST CORNER OF THE BELLAFONT DEVELOPMENT, NORTH OF JOYCE BOULEVARD AND WEST OF VANTAGE DRIVE. The property is zoned C-3 , CENTRAL COMMERCIAL and contains approximately 0.056 acres. The request is to vacate a portion of a utility easement. Property Owner: The Barber Group Planner: Andrew Garner Findings: Staff finds that vacating the requested portion of easement would not adversely affect access to the utilities serving the property or any other adjacent property. Background/Property: The subject property is located northwest of Joyce Boulevard and Vantage Drive. The Bellafont I and II Large Scale Development projects were approved on this overall approximately 26-acre property in early 2006 by the Fayetteville Planning Commission. The approved LSD is a 26-acre mixed. use development with restaurant space, retail space, office space, and condominium towers to hold a maximum of 99 residential units. The subject 20' utility easement traverses north-south along the southwestern property line of the Bellafont property as depicted on the drawing attached to this report. - This easement is, not needed for this development as other utility easements have been dedicated for the Bellafont project, currently under construction. The overall 20' easement was originally platted on this undeveloped property for general utility use. Utility 'representatives have no objections to the requested vacation. Request: The request is to vacate 0.056 acres of the existing utility easement. The applicant has submitted the required notification forms to the utility companies and to the City. The results are, as follows: K:aeporls\2007\PC Reports\01-08-071VAC 06-2400 (Dellalont).DOC UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. AEP/SWEPCO No Objections. SBC Southwestern Bell/AT&T No Objections. Arkansas Western Gas No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Recommendation: Staff recommends approval of the proposed utility easement vacation 06-2400 with the following conditions: 1 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. New utility easements shall be dedicated throughout the Bellafont property as needed to serve the various buildings planned to be constructed. 3 . Further development of this property shall not encroach within any existing easement. PLANNING COMMISSION ACTION: yes Required Forwarded to City Council recommendation for approval Denied Motion: Graves Second: Ostner Vote: 9-0-0 Date: January 8, 2007 Comments: Approved on consent. The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date CITY COUNCIL ACTION: yes Required . Approved Denied Date: February 6, 2007 KAReports12007W Reports101-0"'AVAC 06-2400 (Bellafont).DOC