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Home My WebLink AboutOrdinance 4200 FILED FOR RECORD 099 DEC 9 PM 1 35 WASHINGTON CO AR, ORDINANCE NO. K . HARNESS AN ORDINANCE VACATING AND ABANDONING A 2Y FOOT SEWER EASEMENT (VA99-14) LOCATED ON LOTS 40 AND 44 IN CANDLEWOOD DEVELOPMENT, SUBMITTED BY DAVE JORGENSEN AND ASSOCIATES ON BEHALF OF CANDLEWOOD DEVELOPMENT, LLC.- WHEREAS, LC: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 sewer easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Sectiol. 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 sewer 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 2nd day of November 1999. APPROVED: By: j/w/ Fred Hanna, Mayor ATTEST: :Heather Woodruff, City rk r�. 99:x. 09130 Ord . 4200 ord . 4200 EXHIBIT "A" Part of the SEI/4 of the SW 1/4 of Section 31 , T17N, R29W in Washington County Arkansas and being described as follows: Commencing at the SE comer of the SW 1 /4 of said Section 31 thence West 1251 .79 feet, thence North 26.64 feet to the P.O.B. thence N 60°31 '29" E 116.96 feet, thence N 38°44'54" E 357.92 feet, thence N 26046'55" E 117. 16 feet, thence S 38°50' 11 " W 46 7.74 feet, thence S 60°31 '29" W 119. 12 feet, thence S 050428" W 19.85 feet, thence N 85°54'03 " E 20.20 feet to the POB; containing 13,346.29 SF. 99� 09151 Hit loon Wemom amull ®tech and ta•oMlslo ft7af fHt �49zHIn BH 6eunly, AHtoneoo, do WAY Ep V 4t &! 117 i (natr Ment wQo �Iled lof rocard In FAY E(;rpp §e flr(h7et$d hefean and the same 16 n9w dd1Y r ,pfggg With tfWt @aknowled9ement and 00"Iflaets hfhEa In f9e0otd 6tfak and Page as (ndloatad tho!ooP. H� Nf N9@Q WW€14EQR I hove hefeNnl9 Net my hiin. h{P1, g1figBd 1110 4041 91 aeid Qovn on Me dela Inds- aatad��a�en ,:ngblg f3 wd, STATE OF ARKANSAS County of Washington } ss. 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 ORDINANCE NO. azoo - ExHIeIT A- more than a period of twelve months, circulated and distributed from an PART OF THE NORTH HALF 4 established place of business to subscribers and readers generally of all AN ORDINANCE VACATING OF THE SOUTHWEST GUAR- , CIBSSBS In the CI and County for a definite price for each AND ABANDONING A 25 TER OF ,THE SOUTHWEST City ty P • copy, or a fixed FOOT SEWER EASEMENT QUARTER, OF SECTION 21 , ' price per annum, which price was fixed at what is considered the value of the LOCATED ON TOWNSHIP 16 NORTH, LOTS 40 publication, based on the news value and service value it contains, that at LOTS 40 AND 44 IN CANDLE- RANGE 30 WEST; BEGIN- aseupon WOOD DEVELOPMENT, SUB= NING G AT SOUTHWEST least fifty percent of the subscribers thereto have paid for their subscriptions MITTED BY DAVE JORGEN- CORNER OF SAID TRACT; SEN AND ASSOCIATES ON THENCE NORTH 42 FEET to the newspaper or its agents or through recognized news dealers over a BEHALF OF CANDLEWOOD AND 8 INCHES; THENCE period of at least six months and that the said newspaper publishes an DEVELOPMENT, LLC. NORTH OF EAST 704 FEET; P er P P THENCE EAST OF SOUTH average of more than forty percent news matter. WHEREAS, the City Council 152 FEET TO A POINT 704 has 14-54-104 to vacate public FEET DUE EAST OF THE BE- grounds or portions thereof as GINNING; THENCE WEST I further ce that the legal notice attached in the matter of may not for the time being be 704 FEET TO THE BEGIN- requved to corporate purposes; NING. and AND / WHEREAS, the City Council (/ has determined that the follow- A part of'the South Half (S1/2) WBS published in the regular daily Issue of said newspaper for ing. described sewer easement of the Southwest Quarter P 9 y is not required for corporate (SW1 /4) of the Southwest Consecutive Insertions as follows: purposes. Quarter (SWI/4) of Section Twent"ne (21 ) Township Six- / NOW, THEREFORE, BE IT teen (16) North of Range Thirty : The first insertion on the // da of 19 ORDAINED BY THE CITY (30) West, described as fol- : y COUNCIL OF THE CITY OF lows: Beginning at a point 50 FAYETTEVILLE, ARKANSAS: feet South of the Northwest cor- ; ner of said 20 acre tract, and ; the second insertion on the day of 19 — Section 1 . That the City of running thence South 50 feel; ; Fayetteville, Arkansas hereby thence East 150 feet; thence vacates and abandons all of its North 50 feel; thence West 150 the third Insertion on the day of 19 — fights together with the fights of feet to the place of beginning. the public generally, in and to the following described sewer AND the fourth insertion on the ay of 19 easement: Part of the S12 of the SW 1/4 of See Exhibit 'A' attached hereto the SWI/4 of Section (21 ), and made a part hereof. Township (16) North of Range (30) West, more particulady de- • er/General Manager Section 2. That a copy of this scribed as beginning at the V u4f Ordinance duly certified by the Northwest corner of said 20 City Clerk shall be filed in the acre tract, and running thence Sworn to and subscribed before me on this 111 day of office of the Recorder of the south 50 feel; thence East 150 County and recorded in the feet; .thence north 50 feet; Deeds Records of the Count. thence West 150 feet to the 19 PASSED AND APPROVED point of beginning. this 2nd day of November, AND 1999. efeeeeeeeeee!!!t!(eeeeee!!!!!!!! PUuIIC Part of the South Half (312) of 1 a, y APPROVED: the Southwest Quarter (SE114) / Catherine Sall 1 By: Fred Hanna, Mayor of the Southwest quarter 1 Nota toU1)iiC S (SW114) of Section Twenty-one My Commission Expires: caDSBs , ATTEST: (21 ) in Township Sixteen (16) Z, Washington County ,s By Heather Woodruff, City North of Range Thirty (30). 1 My CommiSSiOn Expires 0 J >` Clerk West, and being -more particu- larly described as follows, to- R t ! wit: Beginning at a point which Fees for Printing.......................................................$ is 660 feet NortWand 150 feet East of the South West corner of said 20 acre tract, and run. Cost of Proof.............................................................$ ning, thence South 100 feet; thence East 150 feet; thence North 100 feet: thence West Total..........................................................................$ 150 feet to the point of begin- ning. STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of November 5 , 1999 . FROM: Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for VA 99- 14 . 00 submitted by Dave Jorgensen of Jorgensen and Associates on behalf of Candlewood Development , LLC for property located on lots 40 to 44 in Candlewood Development . The request is to vacate the 25 ' sewer easement . 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 nt ' g anager IUDatee q/ ADA Coordinator Date C ' At e Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission unanimously voted to approve the vacation request on the Consent Agenda . There was no discussion of the item ; however , minutes are attached . Renirector Cross Reference D sDate D New Item : Yes No A inServicesE Date Prev Ord/Res# : Dir r A Ma yur atOrig Contract Date : Planning Commission Minutes October 25, 1999 Page 2 CONSENT AGENDA Approval of Minutes - October 11, 1999 Johnson: The first item is the approval of the Minutes from the October 11 , 1999 meeting. Are there any changes or corrections? If not, then they' ll stand approved as distributed last week. AD99-25: ADMINISTRATIVE MASTER STREET PLAN AMENDMENT, PP168 This item was submitted by Dave Jorgensen of Jorgensen and Associates. The request is to remove a proposed minor arterial street from the Master Street Plan. The proposed street is located north of Howard Nickle Road and west of Highway 112. VA99-14: VACATION CANDLEWOOD DEVELOPMENT, LLC, PP294 This item was submitted by Dave Jorgensen of Jorgensen and Associates on behalf of David Chapman of Candlewood Development, LLC for property located on lots 40 to 44 in Candlewood Development. The request is to vacate the 25 foot sewer easement. Johnson: Is there any member of the Commission who would move to remove an item from the Consent Agenda? Is there anyone in the audience who would request that we remove either of these two items from the Consent Agenda? Seeing none and we will vote on the Consent Agenda. Roll Call Upon roll call, the consent agenda was passed with a vote of 7-0-0. Commissioner Hoover and Commissioner Odom were not present. VA 99-14.00 • • Page I PC Meeting of 25 Oct 99 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Utility Easement Vacation 113 W. Mountain Sl. Candlewood Development Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, P.E., Staff Engineer DATE: October 21, 1999 Project: VA 99-14.00: Vacation (Candlewood Development, LLC, pp 294) was submitted by Dave Jorgensen of Jorgensen and Associates on behalf of Candlewood Development, LLC for property located on lots 40 to 44 in Candlewood Development. The request is to vacate the 25 ' sewer easement. The easement only contains an existing sanitary sewer line that has been relocated with the construction of this subdivision. 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 provided that the approval is subject to following conditions: 1 . Final inspection and acceptance of the new sewer line. 2. Final Plat being recorded. 3 . Accurate record drawings submitted to the City. 4. A 20' minimum easement being provided for all new and existing water and sewer lines in or bordering the development. Street Department - No objections. Solid Waste - No objections. Recommendation: Approval of the requested easement vacation subject to the conditions as listed by the Water/Sewer Maintenance Superintendent. PETITION TO VACATE A PORTION OF A UTILITY AND DRAINAGE EASEMENT LOCATED ON LOTS 40-44 SPACE OF CANDLEWOOD SUBDIVISION, 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 abutting the easement hereinafter sought to be abandoned and vacated, on Lots 40-44 of Candlewood Subdivision to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: Part of the SE 1/4 of the SW 1/4 of Section 31 , T17N, R29W in Washington County Arkansas and being described as follows: Commencing at the SE comer of the SW 1/4 of said Section 31 thence West 1215.79 feet, thence North 26.64 feet to the P.O.B. thence N 60031129" E 116.96 feet, thence N38°44'54" E 357.92 feet, thence N 26°46'55" E 117. 16 feet, thence S 38°50' 11 " W 467.74 feet,` thence S 60°31 '29" W119. 12 feet, thence S 05004728" W 19. 85 feet, thence N 85054'031E 20.20 feet to the POB; containing 13,346.29 SF. The petitioners request that the City of Fayetteville, Arkansas abandon and vacate the above-described easement. The petitioner further request that the above described easement be vested in the abutting property owner as provided by law. WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate and that title to said real estate sought to be abandoned by vested in the abutting property owner as provided by law, and as to that particular land the owner be free from the easements of the public. Dated this r day of 117f'pY 19 29 . nt'A�L 9 y b D e 9 Z74 Tom Terminella Date VA99- 14 . 00 - Candlewood Development - Close Up 39 6 5 40 4 R-1 41 25 ' Sewer Easement to be 3 vacated O� 00 42 �o 20 U� 43 .. c a� d N 44 W �.� 45 F� U. LL 5� �a Township (under construction) i2 0 N 100 0 100 Feet E S i FAYETTEVILLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning From: Heather Woodruff, City Clerk Date: November 8, 1999 Attached is a copy of the ordinance approving Vacation request VA 99- 14 for your records. The original will be filed with the County, then microfilmed and filed with the City Clerk. CC. Tony Webb, Planning Clyde Randall, Engineering Ed Connell, Engineering