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Home My WebLink AboutOrdinance 4185 FILED FILU_EOR RECORD ' 99 NOU 3 Pfd 3 06 MARILYN EDWARDS ORDINANCE NO. 4185 ' 99 NOU 3 PM 2 56 CO. & PROBATE CLERK WASHINGTON CO AR WASH IN GTOIII (MAIFANCE VACATING AND ABANDONING A PORTIMRNESS OF A TWENTY (20) FOOT UTILITY EASEMENT LOCATED ALONG THE NORTH PROPERTY LINE OF 2922 WHIPPOORWILL LANE, AS REQUESTED BY CURTIS AND KATHRYN COLEMAN IN VA 99- 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 utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SgcSi�l. 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. PASSED AND APPROVED this 21st— day of September , 1999. APPROVED: By: red Hanna, Mayor ATTEST: By: , ' .''neather Woodruff,City C e k r r\ ' AWf \ ,� 990 4 1 9945(9 6r,C0Q` I` Ord . 4165 EXHIBIT "A" A PART OF LOT NUMBERED TEN (10), CROSSOVER HEIGHTS SUBDIVISION, PHASE II, FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID LOT (10); THENCE S89°58' 15"W ALONG THE NORTH LINE OF SAID LOT TEN (10) 68.29 FEET; THENCE S00°01 '45"E 17.38 FEET TO THE CORNER OF THE ROOF OVERHANG; THENCE S65 °25'47"E ALONG SAID ROOF OVERHANG 6.30 FEET TO A POINT ON THE SOUTH LINE OF A TWENTY (20) FOOT UTILITY EASEMENT; THENCE S89 °58' 15"W ALONG THE SOUTH LINE OF SAID EASEMENT 6.93 FEET TO A POINT ON THE ROOF OVERHANG; THENCE N24030' 14"E 2.88 FEET TO THE POINT OF BEGINNING, CONTAINING 9. 1 SQUARE FEET, MORE OR LESS. A PART OF LOT NUMBERED TEN (10), CROSSOVER HEIGHTS SUBDIVISION, PHASE II, FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID LOT (10); THENCE S89 '58' 1 511W ALONG THE NORTH LINE OF SAID LOT TEN (10) 109.86 FEET; THENCE S00°01 '45"E 15 .00 FEET TO THE CORNER OF THE ROOF OVERHANG; THENCE S65 ° 38'37"E ALONG SAID ROOF OVERHANG 12. 11 FEET TO A POINT ON THE SOUTH LINE OF A TWENTY (20) FOOT UTILITY EASEMENT; THENCE S89 °58' 15"W ALONG THE SOUTH LINE OF SAID EASEMENT 13.31 FEET TO A POINT ON THE ROOF OVERHANG, THENCE N2403212911E 5 .50 FEET TO THE POINT OF BEGINNING, CONTAINING 33 .3 SQUARE FEET, MORE OR LESS. 99099460 1, Kathloen Mhfneaa, g!rnutt Ctot% and Ex•orticio oRs �tharolhlSolnalf nenOt waoun , ArMhsasl do hereby htl ed of fdoord In my office as Indlaalcd h'!rt?oh and the GeMe is now duly r000ldad with Iho 10nowleagement and certificate thereon In R%otd Caul end Pone as Indloeted thereon. If7 WITNEEB wi ;CFiEOF, I have hereunto set my hp no end at'.1%ed the Boal of Bald Court on the date indi- ca+au naruan Ktmtaa', tiM1lnyas G,o`U��d-x L'rYS t %•o;t:;.in Recorder OYJ STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of September 21 , 1999 . FROM: Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for VA99- 11 as submitted by Curtis and Kathryn Coleman for property located at 2922 Whippoorwill Lane . The property is zoned R- 1 , Low Density Residential , and contains approximately . 29 acres . The request is to vacate a portion of a 20 foot utility easement along the north property line . 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 : Ac 2tM `agerADA Coordinator Date it Atto ey / Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission approved the request on the Consent Agenda with a unanimous vote of 9- 0 - 0 . �- - 3/ -9n! Cross Reference Di ion Hea Date e „7��ee�� a e t for t New Item : Yes No i strat ' ve Services Date Prev Ord/Res# : Di t0 �N Ma r ate�/ Orig Contract Date : VA 99-11.00 • o Page I PC Meeting of 23 Aug 99 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Utility Easement Vacation 113 W. Mountain St. Curtis & Kathryn Coleman Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, P.E., Staff Engineer DATE: August 23, 1999 Project: VA 99-11.00: Easement Vacation (Coleman, pp 411) was submitted by Curtis and Kathryn Coleman for property located at 2922 Whippoorwill Lane. The property is zoned R- 1 , Low Density Residential, and contains approximately .29 acres. The request is to vacate a portion of a 20' utility easement along the north property line. Please refer to the attached drawings for 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 objections. Southwestern Electric Power Company - No service. 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: 8 / 23 / 99 , II 4; VA99 - 11 . 00 - Coleman - Close Up Area to be Vacate 20 ft. Utility Easement and Setback 33.3 SQ 9.1 SQFT wM�Op� Cy7LL N 40 0 40 Feet %jkTE S Minutes of Planning Commission Meeting August 23, 1999 Page 2 CONSENT AGENDA Approval of August 9, 1999 minutes. VA99-11 : EASEMENT VACATION COLEMAN, PP401 This item was submitted by Curtis and Kathryn Coleman for property located at 2922 Whippoorwill Lane. The property is zoned R- 1 , Low Density Residential, and contains approximately .29 acres. The request is to vacate a portion of a 20 foot utility easement along the north property line. AD99-17: ADMINISTRATIVE ITEM WEDINGTON PLACE APTS, PP401 This item was submitted by Bruce Adams for property located at lot 4 of Wedington Place Addition. The property is zoned R-2, Medium Density Residential and contains approximately 7.73 acres. The request is for a waiver from Section 5.4.3 of the City's Drainage Criteria Manual to allow a building setback of less than 100 feet from a permanent water feature and also to accept the use of a permanent lake in lieu of the dry detention pond. AD99-18: ADMINISTRATIVE ITEM DOE'S EAT PLACE PP484 This item was submitted by Jim Huson for property located at 316 W. Dickson Street. The request is for a waiver of 4 parking spaces in the C-3 zoning district. AD99-19: ADMINISTRATIVE ITEM NELM'S AUTO PARK, PP248/249 This item was submitted by Audy Lack of Miller, Boskus, & Lack on behalf of Nelm's Auto Park for property located at the northeast comer of the I-540 and Hwy 112 intersection. The request is for a variance from Section 161 .21 (D)(7) of the Unified Development Ordinance concerning site lighting requirements for a development within the Design Overlay District. Committee Discussion Johnson: I will call to order the August 23, meeting of the Fayetteville Planning Commission. I see we have all Commissioners in their places tonight. We have several items on the Consent Agenda in addition to approval of the minutes. Is there anyone on the Commission who would like to pull from the Consent Agenda any of these items? Seeing none, is there Minutes of Planning Commission Meeting August 23, 1999 Page 3 anyone in audience who would request that we discuss any one of these items and pull it from the Consent Agenda. Seeing none then, we will vote on the Consent Agenda consisting of 5 items. Roll Call Upon roll call, the Consent Agenda was approved with a unanimous vote of 9-0-0. FAYETTEVILLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning From: Heather Woodruff, City Clerk Date: October 12, 1999 Attached is a copy of the ordinance approving vacation request VA 99- 11 . The original will be recorded with the County, then microfilmed and filed with the City Clerk. CC. Ed Connell, Engineering Tony Webb, Planning Scott Caldwell, Data Processing Clyde Randall, Engineering r, . STATE OF ARKANSAS F{ECE�V E� County of Washington } ss. DEC 2 8 1999 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 N0. 4185 price per annum, which price was fixed at what is considered the value of the AN OR61NANCE AND ABANDONING CAPINGTING publication, based upon the news value and service value it contains, that at TION OF A TWENTY eO) least fifty percent of the subscribers thereto have paid for their subscriptions FOOT UTILITY T LOCATED ALONGONG NTHE to the newspaper or its agents or through recognized news dealers over a NORTH PROPERTY LINE OF period of at least six months and that the said newspaper publishes an 2922 WHIPPOORWILL LANE, , AS REQUESTED BY CURTIS average of more than forty percent news matter. AND KATHRYN COLEMAN IN VA 99.11 1 further cert7fy that the legal notice attached in the matter of WHEREAS, the City Council has the authority antler A.G.A. §14-54-104 to vacate public grounds or portions thereof as / may not for the time being be required for corporate purpos- was published in the regular daily issue of said newspaper for es: and consecutive insertions as follows: WHEREAS, the city Council has determined that the follow- ing described utility easement The first insertion on the day of 19 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 — FAYEfrEVILLE, ARKANSAS: Y atf.,t on 1 That the City of Fayetteville; Arkansas hereby the fourth insertion on the ay of 19 — vacates and abandons all of its rights together with the rights of the public generally, In and to the following described utility er/General Manager easement: see Exhibit 'A' attached hereto Sworn to and subscribe before me on this da of and made a part hereof. y Section 2. That a copy of this ordinance duly certified by the r 19 City Clerk shall be filed in the office of the Recorder of the County and recorded in thecc Deed Records of the County. >, Notary Public PASSED. AND APPROVED �• �t 9 m 9.21st day September, 19My Commission Expires: 199 APPROVED: )� bl � l .�:'eru"�'� •p i? tp:r,:� lL '_' `' 'c By: Fred Hanna, Mayor ttuucc<n.uc.cc �cttttc:cc< ccc c<./l . //ll Fees for Printing................?.......... ..... ATTEST: .......................$ (�� ( J , By: Heather Woodruff. City Clerk Cost of Proof.............................................................$ Total..........................................................................$