HomeMy WebLinkAboutOrdinance 4180 ORDINANCE NO, 4180
AN ORDINANCE VACATING AND ABANDONING A
TWENTY FOOT UTILITY EASEMENT LOCATED AT LOTS 1
AND 3, WEDINGTON PLACE ADDITION, AS REQUESTED
BY ROGER TROTTER OF DEVELOPMENT CONSULTANTS,
INC. ON BEHALF OF CLARY DEVELOPMENT
CORPORATION IN VA 99-9.
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 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 }SASSED AND APPROVED this 7h day of September , 1999.
APPROVED:
S (
,: .r IIII Y:
red Hanna, Mayor
.Q'Vf
By:
Heather Woodruff,City Jerk
l , •
r
'Ord . 4180
EXHIBIT "A"
Easement Abandonment Description:
A part of Lot 1 and 3, Wedington place Addition, City of Fayetteville, Washington
County, Arkansas more particularly described as follows:
Commencing at the NE Comer of said Lot 1 ; thence N 89°03'57" W, along the
North line of said Lot 1 , for a distance of 19.67 feet; thence S 00°59'29" E, 10.01
feet for the POINT OF BEGINNING; thence N 89°03'57" W, 218.79 feet; thence
N 00056103" E, 10.00 feet to the North line of said Lot 1 ; thence S 89°03'57" E,
along said North line 11 .00 feet; thence N 00°56'03 " E, 10.00 feet; thence S
89003157" E, 207. 11 feet; thence 00°S 00°59'29" E, 20.01 feet to the POINT OF
BEGINNING, containing 0. 100 Acres (4,259 sq. ft.) More or less.
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of September 7 , 1999 .
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for VA 99- 9 submitted by Roger Trotter
of Development Consultants , Inc . on behalf of Clary Development Corp . for
property located at Lots 1 & 3 , Wedington Place Addition . The property is zoned
C- 2 , Thoroughfare Commercial . The request is to vacate a 20 ' utility easement
between lots 1 & 3 .
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 :
Acco tin M -ager Date ADA Coordinator Date
C t At o Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommends approval of the easement vacation and the
Planning Commission approved the request with a vote of 5-0- 1 with Commissioner
Ward abstaining .
$- /q- Cross Reference
ivision He d Date
a t DiqWtor t New Item : Yes No
A ni ra v Services Det Prev Ord/Res# :
Dir aG/,g �
May Date Orig Contract Date :
VA 99-9. 00
Palle I
PC Meeting of 09 Aug 99
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Utility Easement Vacation
113 W. Mountain St Clary Development Corporation
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, P.E. , Staff Engineer
DATE: August 5, 1999
Project: VA 99.00-9.00: Utility Easement vacation as requested by Clary Development
Corporation for property located in the Wedington Place Subdivision, Lots 1 & 3 . The property
is zoned C-2, Thoroughfare Commercial. The request is to vacate an existing 20' utility easement
centered on the common lot line for Lots 1 & 3 . This easement will be relocated to the common
lot line for Lots lR & 5 as shown on the revised final plat that was approved by the Planning
Commission on April 8 , 1999. Please refer to the attached drawings for the exact location and
dimensions.
The applicant has submitted the required notification forms to the utility companies and to the
City . The results are as follows:
Ozarks Electric - No service.
Southwestern Electric Power Company - No objections.
Arkansas Western Gas - No objections.
SW Bell - No objections.
TCA Cable - No objections.
City of Fayetteville:
Water/Sewer - No objections.
Street Department - No objections.
Solid Waste - No objections.
Recommendation: Approval of the requested easement vacation.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
Planning Commission Meeting
August 9, 1999
VA 99-9 Clary Development
Page 10. 1
i
PETITION
PETITION TO VACATE A UTILITY EASEMENT LOCATED IN LOTS 1 & 3, WEDINGTON
PLACE ADDITION, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the utility easement
hereinafter sought to be abandoned and vacated, lying in Lots 1 & 3, Wedington Place Addition
to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility
easement which is described as follows:
Easement Abandonment Description
A part of Lot 1 and 3, Wedington Place Addition, City of Fayetteville, Washington
ounty, Arkansas more particularly described as follows:
Commencing at the NE Corner of said Lot 1 ; thence N 89003'57" W, along
the North line of said Lot 1 , for a distance of 19.67 feet; thence S 00059'29" E,
10.01 feet for the POINT OF BEGINNING; thence N 89003'57" W, 218.79 feet;
thence N 00056'03" E, 10.00 feet to the North line of said Lot 1 ; thence
S 89003'57" E, along said North line 11 .00 feet; thence N 00056'03" E, 10.00
feet; thence S 89003'57" E, 207. 11 feet; thence S 00059129" E, 20.01 feet to
the POINT OF BEGINNING, containing 0. 100 Acres (4,259 sq. ft.) more or less.
That the abutting real estate affected by said abandonment of the alley are Lots 1 & 31
Wedington Place Addition 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 as though set out herein word for
word.
Petitioners state that the above described real estate has never been used by utility companies
and that a new easement is provided with the relocated lot line. The public interest and welfare
would not be adversely affected by the abandonment of the above described easement area.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate all rights to the
above described utility easement, and that the above described easement area be used for their
respective benefit and purpose as now approved by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City
of Fayetteville, Arkansas, abandon and vacate all rights to the above described utility easement,
and as to that particular land the owners be free from the easements of the public for the use of
said easement area.
Dated this J�da f I 1999
By:
Rog S. Clary, President
Clary Development Corp lion
Planning Commission Meeting
August 9, 1999
VA 99-9 Clary Development
Page 10.3
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Planning Commission Meeting
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VA 99-9 Clary Development
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Minutes of Planning Commission Meeting
August 9, 1999
Page 12
VA99-9: UTILITY EASEMENT VACATION
CLARY DEVELOPMENT, PP401
This item was submitted by Roger Trotter of Development Consultants, Inc. on behalf of Clary
Development Corp. for property located at Lots 1 & 3, Wedington Place Addition. The property
is zoned C-2, Thoroughfare Commercial. The request is to vacate a 20 foot utility easement
between lots 1 and 3.
Roger Trotter was present on behalf of the request.
Staff Recommendation
Staff recommended approval of the requested easement vacation.
Committee Discussion
Johnson: Staff has recommended approval of the easement because this would be relocated
to a common lot line for lots 1R and 5.
Conklin: That is correct. When the revised final plat was brought through, that lot line was
moved further to the north and this relocates that easement further to the north.
Johnson: And there were no objections by any of the City departments or any of the utility
companies. Is that correct?
Conklin: That is correct.
Johnson: Is Mr. Trotter here?
Trotter: Yes, ma' am.
Johnson: Do the Commissioners have any questions of the applicant on this?
Ward: I'll have to abstain from this vote.
Johnson: All right. Thank you Commissioner. Any questions before I ask if there is
anyone in the audience who would address us.
Public Comment
None
Minutes of Planning Commission Meeting
August 9, 1999
Page 13
Further Discussion
Johnson : I would remind the applicant that our action is merely a recommendation to the
Council. I believe vacations also require 5 positive votes to go forward. Tim?
Conklin: No. It' s a simple majority.
Johnson: All right.
MOTION
Estes: I move that we approve utility easement vacation 99-9.
Shackelford: I'll second.
Johnson: We have a motion by Commissioner Estes and seconded by Commissioner
Shackelford that we approve vacation 99-9 and forward it to the Council for it' s final action. Is
there discussion on the motion to approve?
Roll Call
Upon roll call, the motion passed with a vote of 5-0- 1 . Mr. Ward abstained.
Johnson: The motion carries on a vote of 5-0- 1 and goes on to the Council for final action.
Thanks.
STAFF REVIEW FORM
X _ Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of September 7 , 1999 .
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for VA 99- 9 submitted by Roger Trotter
of Development Consultants , Inc . on behalf of Clary Development Corp . for
property located at Lots 1 5 3 , Wedington Place Addition . The property is zoned
C-2 , Thoroughfare Commercial . The request is to vacate a 20 ' utility easement
between lots 1 s 3 .
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 :
Accounting Manager Date ADA Coordinator Date
City Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommends approval of the easement vacation and the
Planning Commission approved the request with a vote of 5-0-1 with Commissioner
Ward abstaining .
_ _ !� • 9- /I- fg Cross Reference
Division Head Date
Department Director Date New Item : Yes No
Administrative Services Date Prev Ord/Res# :
Director
Mayor Date Orig Contract Date :
07/ 12/1999 09: 51 501575V CITY FAY 1ST FLIJ PAGE 01
CITY OF FAYETTEVA.LE
APPLICATION & CJdMCKLIST
FOR AN
EASEMENT/ALLEY VACATION
FOR STAFF USE ONLY
Date Application Submitted-' 7- j `� FEE: $200.00
Date Accepted as Complete:
Case /Appeal Number: Y PP#:
Public Hearing Date: _ q- q - qq� Zone'
A lt�tlun'
Please fill out this form completely, supplying all necessary information and documentation to support your request_
Your application will not be plated on the Planning Commission agenda until this information is furnished.
GENERAL INFORMATION
Applicant: Gt..Af2f rt-o1 Day Phone: (�1 1?2.5 -620µ
Address: 27GoIJ noul�avltstm`2d $210 Fax #: (So1IZZS_ S
L.IT-rIL 'Racy—AIZ. -7 17,
Representative: 'DE Q N CGtJSULTXffS / IWC, Day Phone: ( 501 1, 1-78 0
Address: 22� 9 ZZO Fax #: f,Sol )_ZZI 'L
LITrL46 V4=lLl Are- :7ZZIZ.
Property owner: Anja ap-y Day Phone: (_)
Address: — Fax
Indicate where correspondence should be sent:
✓ Applicant
,Z Representative
Owner
DESCRIBE PROPOSED PROJECT IN DETAIL (Attach to this application) L o'7 G/N� FO,F GUT / /2
1� CkAA1G-I� Uk)06R 7r#G GVERek)7' .OTri2 XD ;2 IA) 9 L 1�7. t.J
E�SEmEN7S GUEFZ� MOt/1E)C�7::> , l- 15 e4'56 ,91EN7-
!snlo�tJ unlEcCSs �2y
PROPERTYDESCRIPTION V /C /JV 7HE CEL L
Site Address: Z42n / �a r TGA( �
Current Zoning District: G—Z
Legal Description of Property: Maybe found on deed or current survey of property. (Attach to this application)
FINANCIAL INTERESTS
'flee following entities and / or people have financial interest in this project
cLaRY ✓Ea ti i P:Z; TloA�
Janmry 14. 1998
A:NVACATE WPD
Page J
