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HomeMy WebLinkAboutOrdinance 4141 FILED FOR RECORD ' 99 MRV 13 Aft 1109 WASHINGTON CO AR K . HARNESS ORDINANCE NO, 4141 AN ORDINANCE VACATING AND ABANDONING AN ACCESS EASEMENT LOCATED IN EMERALD SUBDMSION PHASE H AS REQUESTED BY DAVE JORGENSEN ON BEHALF OF J.B. HAYES. ( VA 98 - 11 ) WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof as may not for the time being be required for corporate purposes; and WHEREAS, the City Council has determined that the following described access 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 of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described access easement: See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. t )?tA ,ED AND APPROVED this I& day of February , 1999. Al APPROVED: r r. . to By: /W/Aw� Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City C e c 99043465 ord . 4141 EXHIBIT "A" Part of the NWl/4, SEI/4 of Section 35, T17N, R30W in Washington County, Arkansas and being more particularly described as follows: Commencing at the NE Corner of said NWl/4, SETA thence S 89'50' W 336.86 feet, thence S 00°36'E 656.21 feet, thence West 185.33 feet to the P.O.B.; thence West 100.00 feet, thence North 100.00 feet, thence East 100.00 feet, thence South 100.00 feet, to the P.O.B.; containing 0.23 acres more or less. 99043466 •Itt Khthldon Wdmoco, Glreult Clorli and rit-o sl® RF7€8F@af }df Woohirip%,n Ccimit)i Ark�MZL'.. Ud hch,ty ffcai� IN IhIN itiwvi.lm.mt t°rea tO 'm ta+ .aaard Itl fily cffice as ladiGcl:d I.jfii to t.:id I',o Limo lo nuy dttly r000rtled W4h thacdcnc;• -o=C:r7ont mid t:2;iiticato Thar§n In Flx.)ld ;toy4 a,+,l Pigda go II,t,IC'.dod thoraon. IN WITWsz �'."-IF;3Yr';;, I hava haWuoto sot my hand and ci,%14I"o uv;,l of aaid Goud on tho date indl- caivd h:dop, Fath„�oa E•Lmca^ Circuit C.ccb. 2^ , P.. W'.- 'o p �ordar FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning Secretary From: Heather Woodruff, City Clerk Date: February 22, 1999 Attached is a copy of the ordinance approving Vacation 98- 11 for your records. The original will be file marked with the County then microfilmed and filed with the City Clerk. CC. Clyde Randall, Engineering John Goddard, Data Processing &� , yp STATE OF ARKANSAS 777 County of Washington } SS. MICAb� TI' IEI� ORDINANCE NO. 4141 rMIANU GER I, JEFF JEFFUS, hereby certify that I am the publisher of THE AN ORDINANCE VACATING NORTHWEST ARKANSAS TIMES, a daily newspaper havin a second class 'AND ABANDONING AN VAC-ACATING Y9 CESS EASEMENT LOCATED mailing privilege, and being not less than four pages of five columns each, IN EMERALD SUBDIVISION ' PHASE II AS REQUESTED BY published at a fixed place of business and at fixed (daily) intervals DAVEJ RGENSE ON BE- ' F HALF J.B. HAVES.. y City y County g continuous) In the Ci of Fayetteville, Coun of Washington, Arkansas for WHEREAS, the City Council more than a period of twelve months, circulated and distributed from an has the authority under A.C.A. established place of business to subscribers and readers generally of all §14-54-104 to vacate public classes in the City and County for a definite price for each copy, or a fixed grounds or portions thereof as may not for the time being be price per annum, which price was fixed at what is considered the value of the required for corporate purpos- es; and I publication, based upon the news value and service value it contains, that at � WHEREAS, the City council least fifty percent of the subscribers thereto have paid for their subscriptions has determined that the follow- to the newspaper or its agents or through recognized news dealers over a Ing described access easement period of at least six months and that the said newspaper ublishes an is not required for corporate P er P P P Purposes. average of more than forty percent news matter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY I further certify that the legal notice attached in the matter of COUNCIL OF THE CITY OF (� FAYETTEVILLE, ARKANSAS: Section 1 . That the City of Fayetteville, Arkansas hereby / vacates and abandons all of its fights together with the rights of was published in the regular daily issue of said newspaper for the public generally, in and to consecutive insertions as fo lows: the following described access easement: - �} See Exhibit •A• attached here- The first insertion on th day of 19 to and made a part hereof. -Section rd�nce dilly tenni a of me the second insertion on the day of 19 — city Clerk shall be filed in the office of the Recorder of the the third insertion on the day of 19 — County and recorded in the j Deed Records of the County. PASSED AND APPROVED the fourth insertion on the ay of 19 -Nis 16th day of February 1999. APPROVED: er/General Manager By: Fred Hanna, Mayor ATTEST: Sworn to and subscribed before me n this day of By: Heather Woodruff, City / I Clerk �p 19 it !! Kltt!(!tt EXHIBIT 'A' C!!!!! !! - Part of the NW1/4, SEI/4 of tt cathelkilckallsaB I Section 35, T117N, R30W in 4) bltc Smtl: ot' A I Notary Public (Washington County, Arkansas )i NOtaV tplij offt}� 15I and being more particularly de- t WaSh1R� flxtllfT+lt U31`S'1fl scribed as follows: Comment- My Commission Expire S,t mm'I6g'svi,--�Crt- -� Ing at the NE Corner of said SSM"C,0<(`tS�����5(ShL«` NW1/4, 'SE1/4 thence S 89050' C( 'W 36'86 leer, thence S , West 18 .33 fee feet, thence Fees for Printing D ((� West 185.33 feet to the P.O.B.: . g............... .......................................$ thence West 100.00 feet. thence North 100.00 feet, thence East 100.00 feet, thence Cost of Proof.............................................................$ South 100A0 feet, to the P.O.B.; containing 0.23 acres UX moreor less. Total..........................................................................$ VA 98-11 1V1IAtRO1FI LMED 33.A.1 012,D 411W STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of February 16 , 1999 . FROM : Alett Little Planning Public Works Name Division Department ACTION REQUESTED : To approve VA98 -11 vacation submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J . B . Hayes for property located at the north end of Emerald Avenue . The property is zoned R-O , Residential Office . The request is to vacate a 100 square feet right of way at the north end of the property . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Acc tin. M ger DAte ADA Coordinator Date C3Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval subject to the applicant ' s getting documentation from Southwestern Bell and Fayetteville Water and Sewer which was received on January 25 , 1999 and the Planning Commission approved the vacation on November 9 , 1998 with a unanimous vote of 9- 0 -0 . ipill- /'e79 - 9 / Cross Reference i ' on Hea Date liK e Dir for Date _ � New Item : Yes No Admini ra iv Services Date Prev Ord/Res# : Dire r / Mayo a e Orig Contract Date : VA 98-11 Z,A,2 Planning Commission November 9, 1998 Page 19 VAC98- 11 : VACATION EMERALD SUBDIVISION. PH 11 This vacation request was submitted by Dave Jorgensen of Jorgensen & Associates on behalf of J.B . Hays for property located at the north end of Emerald Ave. The property is zoned R-O, Residential Office. The request is to vacate a 100 square foot right of way. Staff recommended approval of the vacation. Dave Jorgensen was present to appear before the Commission on behalf of this project. Discussion Conklin: There are no conditions of approval. Jorgensen: We are trying to vacate a 100 square foot easement because it was originally dedicated in the project to the south which was phase one and now we have phase two completed. So that is the reason for this. Public Discussion No one was present to address the Commission regarding the vacation request. Further Discussion Hoffman: Have we heard from Southwestern Bell and the Water Department? They are listed as pending. Jorgensen: We haven' t yet. I tried calling them Friday and they were out and I haven' t had a chance to call today. I tried to call Dave Jurgens and haven' t been able to make contact with him but I' m sure there' s no problem. MOTION Ms. Hoffman made a motion to approve the easement vacation subject to receipt of all utility approvals. Mr. Odom seconded the motion. Further Discussion VA 98-11 1LA.3 Planning Commission November 9, 1998 Page 20 Forney: We don't have an easement all the way through this property but only for the making of this cul dc' sac. Is that correct? We aren't giving up a potential connection beyond this property. Conklin: There was a preliminary plat that was approved by the Planning Commission that did create the cul de sac. There will not be a connection in the future. The cul de sac has been constructed. Forney: We don' t need the easement? Conklin: No. Roll Call Upon roll call, the motion passed with a unanimous vote of 9-0-0. VA 98-11 VAC 98=11, 00lI.A.4 Page t PC Meeting of 9 Nov 98 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Access Easement vacation 113 W. Mountain St. (Replaced with ROW) Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Alett S. Little, City Planner FROM: Jim Beavers, P.E. DATE: 5 Nov 98 Project: VAC 98.00-11 .00: Access easement vacation as requested by J . B . Hays for property within Emerald Subdivision Phase II . Prior to the final plat of Emerald Phase II , the developer had dedicated a square 100 ' x 100 ' access easement into the proposed Emerald phase II . Emerald Phase II has been completed and right-of-way dedicated for a cul de sac which replaces the previous access easement. Please refer to the attached map and legal description . . The applicant has submitted the required notification forms to the utility companies and to the City . The results are as follows : SWEPCO Electric - no objections . City of Fayetteville: Arkansas Western Gas - no objections . Water/Sewer - pending. SW Bell - pending . Street Department - no objections . TCA Cable - no objections . Solid Waste - no objections Recommendation: Approval of easement vacation . PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date: / / VA 98-11 ILA.5 ir = 80.00 79,461 y I f all I n d C � m g � I 90A0' NORTH 662 .48' 1= �t R- 4 Ic y ��„ * ( n� 1 `� s •-moi i n P i M ( P �. '� O c0. I Ol � Y11�yp 1 u � iz am n 80.00 79.45 r Coa 661. 35' P w _s to � da! i t JA 98-11 II.A.6 PETITION TO VACATE A 100' SQUARE RIGHT OF WAY EASEMENT LOCATED IN EMERALD SUBDIVISION PHASE I1, CITY OF FAYETTEVILLE, ARKANSAS To: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate which is presently a square parcel of property being used as an access easement and hereinafter sought to be abandoned and vacated and located in Emerald Subdivision Phase II in the City of Fayetteville, Arkansas, petition to vacate said easement which is described as follows: Part of the NWI/4, Sel/4 of Section 35, T17N, R30W in Washington County, Arkansas and being more particularly described as follows: Commencing at the NE Corner of said NWI/4, Sel/4 thence S 89°501W 336. 86 Feet, thence S 00036'E 656.21 Feet, thence WEST 185 . 33 Feet to the P. O. B. ; thence WEST 100.00 Feet, thence NORTH 100. 00 Feet, thence EAST 100. 00 Feet, thence SOUTH 100. 00 Feet, to the P. O. B. ; Containing 0. 23 Acres more or less. That the abutting real estate affected by said abandonment of this easement are Lots 8 & 9 of Emerald Subdivision Phase I to the City of Fayetteville, Arkansas, a certified copy of the original plat located in the Circuit Clerk's Office for the County of Washington, State of Arkansas, is attached hereto, marked Exhibit A, and made a part hereof. Petitioners state that the above described real estate as an access easement and is now occupied by a curb and gutter cul de sac and permanent turn around and will be dedicated as a permanent 100' diameter easement in Emerald Subdivision Phase II . WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate. Dated this 22 day of S 19 qa J % P), � rtYs Printed name signature Printed name signature VA 98-11 1I.A.7 NORPi I86.74• - - - r - - - SR - - - - al I a Y V Y7 I wti.oaee.00N � — ` u z n I € O rLI Ip I A I N Flit4I ` A 5• y I m e �Tk ° I, IOm I .SL'9E2 3..OQB6.0p5 amscaoc I I :u i IT I �n l t 4 ! > � •j L� i g ! , JORG EN & ASSOCIATE q�.» CONGULTNG ENGINEERS, INC. •��— EMERALD SUBDIVISION PHASE IIFINALPIAT I m�aw.enne.ea nw.o 1 VA 98-11 Q.A.8 VA98.00 -11.00 - Emerald Subdivision - Phase II- One Mile Diameter 5 jbJ E G-2 • R-1.5 1 7 ii • I w z 10 1000 0 1000 Feet I 1 - Ii SG•yo _ ORbItAtTCE NO. 4141 _.__ AN ORDINANCE VACATING i 9 AND ABANDONING AN AC- : EASEMENT LOCATED - CESS � _ ':.'IN EMERALD. SUBDIVISION .: PHASE II AS REQUESTED' BY i DAVE JORGENSEN ON BE- I HALF OF J B HAYES. WHEREAS _the ,City Council.1 - has the : authority under A.C.A. t - .I.. . §14-54-104 to vacate public - grounds or portions thereof as may, not for the time being be e 'I required for corporate purpose l ' es; and WHEREAS, the City Council i has determined that the follow- I 'log described access -easement I - „is,not required for corporate • purposes. NOW, THEREFORE, BE IT ORDAINED -BY -THE,CITY I1 .• ._ ;COUNCILOFTHECITYOF _ _ ...�_.._.. • , ' FAYEflEVILLE.ARKANSAS: i' � - - Section 1. That the City of 1 •Fayetteville, Arkansas. hereby. vacates and abandons all of its rights together with the rights of. the public generally, in and to. . ..?,� the following described access, - easement See Exhiblt'A' attached here- - : to and made a part hereof. •�-Section 2. That a copyof this ' 4- Ordinance duly certified by the City Clerk shall be: filed in the office of the Recorder of the I County and recorded.in the •- Deed Records of the County. PASSED AND APPROVED -this -'16th day of February •' x1999.. . APPROVED: ' By: Fred Hanna, Mayor . - ATTEST. ... I By: Heather Woodruff. City Clerk. EXHIBrr'A' I Part of the,NW1/4;- SE1/4 of 'Section 35, T17N, R30W in i, iWashinglon County, Arkansas �a'nd being more particularly de-', scribed as follows: Comment- I © - hng at the NE Comer of said NW1/4,•SE114 thence S 89.50' IW -338:86 feet. thence S i 00'36'E 656.21 feet, thence West 185.33 feet to the P.O.B.; , thence West 100.00 feet, thence North 100.00 feet, ,thence East 100.00 feet, thence j _.. ..,South -.100.O0: feet,- to the, P.O.B.; containing 0;23 acres B. more or less. lTP- 7 STATE OF ARKANSAS / FEB25 5 1999 County of Washington ss. 9)(�ANCE DEPT. I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class. mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals 11 Continuously in the City of Fayetteville, County of Washington. Arkansas for more than a period of twelve months, circulated and distributed from an -- `--established place -of business to' subscribers and readers generally of all - --• --"'- 7 classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice attached in the matter of was published in the regular daily issue of said newspaper for consecutive insertions as to ows: The first insertion th day 19 on of the second insertion on the day of 19 - the third insertion on the day of 19 - the fourth insertion on the ay of 19 • er/General Manager Sworn to and subscribed before me n this Aq- day of 19 �ur�rrtu ` rvat a State of Atkltt1tlt19 Notary Public Notary publics Washing WnCowity 15 n.xttlraK t ____t My Commission Expire om, CCCCCGG(CCC� T �t_„T �CCCCm Fees for Printing ................ ... .$ Cost of Proof ......... ....... ........ ...... $ Total.. ....... ....... ....... .......: ........$ • .......................................... . . .11 • . . .. . . • • .. _, . - . ' . '- .T .• .. - •. ..'. ..,... STATE OF ARKANSAS ' TI FEB 2 5 1999 County of Washington SS. OthbINANCENO 4141 f lt�AWCE DEPT. I, JEFF JEFFUS, hereby certify that I am the publisher of THE AN ORDINANCE. VACATING"I - AND ABANDONING AN AC- NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class LESS EASEMENT LOCATED I mailing privilege, being pages IN EMERALD SUBDIVISION ( P g , and not less than four of five columns each, PHASE II AS REQUESTED BY I published at a fixed place of business and at fixed (daily) intervals I D;HAV OFJ.B. NSE . ON BE - ' continuously in the City of Fa etteville, County of Washington, Arkansas for HALFOFJ.B.HAYES , :. ,I Y g I more than a. period of twelve months,, circulated and distributed from an, i. WHEREAa.. the City Council.1 _ . ties the authodly. under A.C.A. { .".- " - - . - fsiaoiished place -of business to subscribers- and readers generally of at..... -� --� g14-54-104 ro.vacafe punnc classes in the City and County for a definite price for each copy, or a fixed grounds or portions thereof es 1 may not for the time being be l price per annum, which price was fixed at what is considered the value of the required for corporate purpose I P publication, based upon the news value and service value it contains, that at es; and, WHEREAS, the City council 1 least fifty percent of the subscribers thereto have paid for their subscriptions has determined that the follow- to the newspaper or its agents or through recognized news dealers over a '- • Ing described access easement I an period of at least six months and that the said newspaper Is nol,requfred for corporate. publishes purposesaverage of more than forty percent news matter. - ' ' . • NOW, THEREFORE. BE IT ORDAINED BY.`THE CITY I I further certify that he legal notice attached in the matter of COUNCILOFTHECITYOF tg `FAYETTEVILLE, ARKANSAS: l - ^/ i Section 1. That the city of \ Fayetteville, Arkansas hereby. vacates and abandons all of its - rights together . with the rights of ; was published in the regular daily issue of sai/ d newspaper for the public generally In and to. consecutive insertions as IO'IOWs: the"following described access :4 easement: (� See Exhibit •A•'attachedhere- The first insertion on thk7 day of 19 to and made a part hereof. . r 5acg1en 2. mat copy of this the second insertion on the day of 19 •. Ordinance duly certified by the Citcyy Clerk shall be filed. In the ofo fic- e of the Recorder f the the third insertion on the day of 19- County and recorded. In the Deed Records of the County. this PASSED1tla D APPROVED the fourth insertion on the -/-day ay of 19 y of February,. APPROVED: er/General Manager By: Fred Hanna, Mayor j Arresr Sworn to and subscribed before me n this '` day of By: Heather Woodruff, City Clerk 191 F�CHIBIT'A" ! C a' h1,CI( Part -of 1he_NW1/4, SE1/4 of I - Cate (Section 35, T17N, R30W In ststc° 4it1l9tt9 i Notary Public iWashington County, Arkansas -b1IC, and being more particularly de- rlotaTYWashillgtOA COtit14�3,1$41tt'�' scrlbed as follows: comment- I My Commission Expire mmjgeloIt P' °x--��I�,�t �4c ` ling at the NE corner of said My CD ,(C4 NW1/4,•SE1/4 thence S 89'50' • W .336.86 feet, thence S I ccc«<«(t4CCtC(Ct4S �� �D 00"36'E,656.21 feet, thence West 185.33 feet to the P.O.B.; , Fees for Printing.......................................................$ thence West 100.00 feet , thence North 100.00 feet thence East 100.00 feet, thence - Cost of Proof __.. South 100.00 feet, to,the _ p.O.B.;-containing 0.23 acres .... .... .. _. .... X , ^ more_or less. Total V (0 VA 98-11 ILA.9 VA98.00-11.00 - Emerald Subdivision - Phase II - Close Up _ L7 O O O 0 O 100.00• 0 O O 0 O O C-2 CO N 200 0 200 Feet E S