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Home My WebLink AboutOrdinance 4170 • ORDINANCE NO. 4170 FILED FOR RECORD AN ORDINANCE VACATING AND ABANDON N�G1N 24 Pn 1 31 PORTION OF AN UTILITY EASEMENT LOCATEDA�ICTON CO CHARLESTON PLACE SUBDIVISION, CITY (tOT GTON g AR FAYETTEVILLE, ARKANSAS, AS REQUESTED BY MTM OF EL DORADO LLC., IN VA 99-7.00 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 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 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 utility easement: See Exhibit "A" attached hereto and made a part hereof. Section 2. That vacation of the easement in Section 1 . above is conditioned upon the following: A. Any of the foundation on the house located at 1569 E. Cypress Lane which encroaches the platted utility easement shall be cut and removed from the easement. B. No portion of the roof on the house located at 1569 E. Cypress Lane may over hang the platted easement. Section 3 . 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. f 4 :. rEItF . r P� D APPROVED this 15`' day of _.lune._, 1999. � ,� 3Ky •fir.. Ij APPROVED- By:- Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City� 99057328 ord . 417 EXHIBIT "A" Part of the NW1 /4 of the SWI/4 of Section 2, T16N of Section 2, T16N, R30W of the Fifth Principle Meridian in Washington County, Arkansas and being more particularly described as follows: Commencing at the SE Comer of Section 3, T16N, R30W, thence NORTH 1402.66 Feet, thence EAST 201 .03 Feet to the POINT OF BEGINNING said P.O.B. being in the center of a 20'wide utility easement; thence N44°55'12" E 122.81 Feet, thence N 58°32' 59" E 323 .63 Feet, thence S 31 ° 16' 01 " E 174.08 Feet, said easement being ten feet either side of the previously described line. 99057329 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To : Janet Strain, Planning File Clerk From: Heather Woodruff, City Clerk Date: June 22, 1999 Attached is a copy of the ordinance approving VA 99-7 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 Ed Connell, Engineering 99057330 RGOd'e"rPBr Waslimg�on co4'nry, &Vwanggi, do hereby 0@rti� thpt this Instrument was filed for record in my office as Indicated hereon and the same is now duly recordeA vjlth the acbnowled9ement and Certificate ther006 In R4GOrd Book and, nags ps indicated thereon. IN WITNEB5 WHERFOR I have hnreunfa set my hand dnd afted the 6081 Of said Court on the date mdi- catnd hereon. _ Kwhlaen Hamesp Circuit C/lef�_. a�nd�ty,81a10 R4pnrdor byEyZ�� __ 1 STAFF REVIEW FORM X Agenda Request Contract Review Grant Review D For the Fayetteville City Council meeting of June 15 , 1999 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for VA 99-7 . 00 as submitted by Laura Kelly of Rob Sharp Architect on behalf of MTM of El Dorado LLC for property located at 1586 Amber Drive . The property is zoned R-1 , Low Density Residential . The request is to vacate a portion of a 20 foot utility easement within Charleston Place Subdivision . 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 : Accou ti Maa er Date ADA Coordinator Date Zv 5 City A y Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : This item was considered at the May 24 , 1999 Planning Commission meeting and they recommended approval of the utility easement vacation subject to conditions as set forth in the attached minutes with a unanimous vote 7 -0-1 . Mr./r .'' Shackelford abstained . S- :27 - 99 Cross Reference D ' ision H a Date tg�9 p X m ' rector ate New Item : Yes No dmini ratio Services Dat�Je/?/��/ Prev Ord/Res# : Dire r 1 6-��`. ' Mayo Da e Orig Contract Date : VA99 - 7 . 00 - MTM of EI Dorado - Close Up till c: Q _ ELM WOOD R1 R1 1p R-1 R-1 R-1 R-1 R1 R _ R1 </vf> ❑ 0 t aR1 R-1 Cl R-1 Q R1 ^ R-1 R-1 R-1 R-1 R-1 R-1 R-1 '1 R-1 R-1 R-1 R1 R1 �Fa WW Ra R-1 R-1 R-1 R-1 R 1 R-1 R-1 V a R-1 R.1 ASH N 200 0 200 Feet E Planning Commission Meeting May 24, 1999 VA99-7.00 MTM of El Dorado LLC S 4. 6 Planning Commission Minutes May 24, 1999 Page 8 VA99-7: VACATION MTM OF EL DORADO LLC, pp370 This item was submitted by Laura Kelly of Rob Sharp Architects on behalf of MTM of El Dorado LLC for property located at 1586 Amber Drive. The property is zoned R- 1 , Low Density Residential. The request is to vacate a portion of a 20 foot utility easement within Charleston Place Subdivision. Laura Kelly was present on behalf of the project. Staff Requirements 1 . The foundation which encroaches the easement must be cut and removed from the easement. 2. No portion of the roof may over hang the easement. Commission Discussion Johnson: At plat review, none of the utility companies had any objections. The only entity at plat review who reserved comments was water and sewer. Petrie: We have received comments from water and sewer. They are recorded above. This easement was requested to be vacated due to relocation of the sanitary sewer line. They started a house adjacent to the new sewer line and unfortunately, the footing is actually in the easement. Staff recommends approval contingent upon requirements of the Water & Sewer Superintendent. Shackelford: I will be abstaining from the vote. Johnson: Our action is a recommendation to the City Council who takes the final action on any vacation. Public Comment None. MOTION Mr. Odom made a motion to recommend approval of the vacation subject to the requirements as listed above. P.O. Box 3494 1 Fayetteville, AR 72702 POEM SHARP. AACMITECT 6 April, 1999 ]II WFST DICKS 1N STE 103 FAYETTEVIIIE AR OMON1, 101-411-0211 Fayetteville Planning commission fAY 101-442.4721 113 West Mountain Street Fayetteville, AR 72701 Fqfn To: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of all the real estate abutting the easement hereinafter sought to be abandoned and vacated and lying within Section 2, Township 16N, Range 30W of the Fifth Principle Meridian in Washington County, Arkansas, petition to vacate the portion of which is described as follows: Pan of the NW 1/4 of the SW 1/4 of Section 2, T16N, R30W of the Fifth Principle Meridian in Washington County, Arkansas and being more particularly described as follows: Commencing at the SE Comer of Section 3, T16N, R30W, thence NORTH 1402.66 Feet, thence EAST 201 .03 Feet to the POINT OF BEGINNING said P.O.B. being in the center of a 20' wide utility easement; thence N 44d 55' 12" E 122.81 Feet, thence N 58d 32' 59" E 323.63 Feet, thence S 31d 16' 01" E 174.08 Feet, said easement being ten feet either side of the previously described line. Petitioners state that the above described real estate is not open, and has no longer used by the utilities, and that the public interest and welfare would not be adversely affected by the abandonment of the above described easement. This petition conveys the request that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that easement to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from any use of said easement. Dated this day of 26TRIL 1999 gKE& F{OUSE� u QUC19 printed name signature Planning Commission-Meeting May 24, 1999 VA99-7. 00 MTMoJEl Dorado LLC 4.3 1t � RECE � .� c� l. � STATED ARK NSAS � DEC 29 1999 County of Washington } ss. ACCTG. 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 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 classes in the City and County for a definite price for each copy, or a fixed ORDINANCE NO 4170 price per annum, which price was fixed at what is considered the value of the AN ORDINANCE VACATING publication, based upon the news value and service value it contains, that at AND ABANDONING A POR- least fifty percent of the subscribers thereto have paid for their subscriptions MION OF AN UTILITY LOC TEDWI ENTWITHIN to the newspaper or its agents or through recognized news dealers over a CHARLESTON PLACE SUBDI- period of at least Six months and that the said newspaper publishes an VISION, CITY OF FAYETTE- .VILLE, ARKANSAS, AS RE- average Of more than forty percent news matter. OUESTED BY MTM OF EL DORADO LLC., IN VA 99-7.00 WHEREAS, the City Council. I further Certify that the legal notice attached In the /matter Of has the authority underA.C.A.§14-54-104 to vacate public ^ n/q'% grounds or portions thereof as may NOT for the time being be ps; arequired for corporate purpos- was published in the regular daily issue of said newspaper for WHEREAS, the City Council consecutive insertions as follows: ��JJ C has determined that the follow. l L Ing described utility easement The first insertion on the �C / day of 19 I is not required for corporate purposes. NOW, THEREFORE, BE IT the second insertion on the day of 19 ORDAINED BY THE CITY COUNCIL OF THE CITY OF the third insertion on the da of 19 — FAYETTEVILLE, ARKANSAS: Y Section 1 that the City of ^Fayetteville, Arkansas hereby the fourth insertion on the ay of 19 — vacates and abandons all of its rights together wit the rights of the public generally, in and to the following described utility easement: Publisher/General Manager See Exhibit "A" attached hereto /,7? and made a part hereof. Sworn to and subscried before me on this / da o SQI10n 2 That vacation of the 19 easement in Section 1 . above Is conditioned upon the follow- r ing: A. Any of the foundation on the house located at 1569 E. Cy- :«« « « eee` ee"( (t��( LI 'Z Notary Public � Press Lane which encroaches 1 Catherine Sall k the Platted utility easement ( „ 1{� c p.te Of Arkansas , shall be cut and removed from My Commission Expire �• r me easement. 'f Washington County B. us gonion of the roof on the >( i e ^ house located ate Mo W. Cy-the >, My Commission Cxpires OJ291001 C(r press Lane may over hang the >«eccccUcttcccccccttcfl cccccccccttc Platted easement. Fees for Printing......................................................$ Section 3 That a copy of this Ordinance duly certified by the Cost of Proof.............................................................$ city Clerk shall be filed in the of, / fice of the Recorder of the . County and recorded in the Total..........................................................................$ Deed Records of the County. PASSED AND APPROVED this 15th day of June, 1999. _ APPROVED: BY: Fred Hanna, Mayor ATTEST: ' By: Heather Woodruff, City Clerk