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HomeMy WebLinkAboutOrdinance 4210 ORDINANCE NO. 4210 FILED FOR RECORD//gy�pp AN ORDINANCE APPROVING VA99- 15 TO V A�C3ATE ' � " an 10 11 ABANDON APPROXIMATELY 0.280 ACRES OF AN EXIP 20 FOOT UTILITY EASEMENT AND APPROXIMATELY O% b" CTON CO AR ACRES OF AN EXISTING 15 FOOT DRAINAGE EASEM12 Iq NARNESS LOCATED AT LOTS 3R & 8 OF WEDINGTON PLACE, AS SUBMITTED BY STEVE CLARY OF CLARY DEVELOPMENT CORP. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS, the City Council has determined that the following described utility easement and drainage 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 and drainage 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 4`" day of January , 2000. fAYEjIek APPROVED: + e v »,_ By ! red Hanna, Mayor a"a ATTEST: By Heather Woodruff, City 4aferk 1/ v 2000-014745 Ordinance 4210 EXHIBIT A EXHIBIT "A" ENS - Utility Easement DescriptionRr A part of the SEI/4 of the NW1/4 of Section 7, T- 16-N, R-30-W, Washington County, Arkansas being more particularly described as follows: Commencing at the SW Corner of the SETA of the NW 1 /4 of said Section 7 thence N 00008'38" E, along the West line of SEI/4 of the NW 1/4 of said Section 7 for a distance of 342.25 feet; thence S 89051122" E, 347.74 feet for the POINT OF BEGINNING. Thence N 00°00'34" E, 608.99 feet; thence S89°59'26" E, 20.00 feet; thence S 00000'34" W, 609.31 feet; thence N 89°03'57" W, 20.00 feet to the POINT OF BEGINNING. Containing 0.280 Acres (12, 183 Sq. Ft.) more or less. Drainage Easement Description A part of the SEI/4 of the NW1/4 of Section 7, T- 16-N, R-30-W, Washington County, Arkansas being more particularly described as follows: Commencing at the SW Comer of the SETA of the NW 1/4 of said Section 7 thence N 00008'38" E, along the West line of SEI/4 of the NW 1/4 of said Section 7 for a distance of 685 .66 feet; thence S 89051122" E, 100.00 feet for the POINT OF BEGINNING. Thence N 00°08'38" E, 202.43 feet; thence N 81 ° 10'05" E, 15 . 19 feet; thence S 00008'38" W, 204.77 feet; thence N 89°59'26" W, 15.00 feet to the POINT OF BEGINNING. Containing 0.070 Acres (3,054 Sq. Ft.) more or less. X 2000013746 I, Kathleen Name60, Circuit Clerk and Ex-officio Recorder for Washington County. Arkansas, d0 hereby certify that this instrufnertt was filed for record in my office as Indioated harden and the same is now duly recorded with the acknowledgement and certificate thereon in Rdcard BOON dad Page as indicated thereon. IN WITN588 0498 OF, 1 have hereunto set my hand and aHixOd the aedl of said Court on the date indi- cated hereon. Kattila Hamsgtl Ci c it CI . rk and EXdMl01d flecoMBr NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials .4 zaz Z! Aug � v NAI- do r ORDINANCE NO, AN ORDINANCE APPROVING VA99- 15 TO VACATE AND ABANDON APPROXIMATELY 0.280 ACRES OF AN EXISTING 20 FOOT UTILITY EASEMENT AND APPROXIMATELY 0.070 ACRES OF AN EXISTING 15 FOOT DRAINAGE EASEMENT LOCATED AT LOTS 311 & 8 OF WEDINGTON PLACE, AS SUBMITTED BY ROGER TROTTER OF DCI ON BEHALF OF STEVE CLARY OF CLARY DEVELOPMENT CORP. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS, the City Council has determined that the following described utility easement and drainage easement are 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 and drainage 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 day of 2000. APPROVED: By Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" Utility Easement Description A part of the SETA of the NWI /4 of Section 7, T- 16-N, R-30-W, Washington County, Arkansas being more particularly described as follows: Commencing at the SW Corner of the SETA of the NWI /4 of said Section 7 thence N 00 ° 08'38" E, along the West line of SEIM of the NWI /4 of said Section 7 for a distance of 342.25 feet; thence S 89 ° 51 '22" E, 347.74 feet for the POINT OF BEGINNING. Thence N 00 °00'34" E, 608 .99 feet; thence S89 °59'26" E, 20.00 feet; thence S 00° 00'34" W, 609.31 feet; thence N 89003157" W, 20.00 feet to the POINT OF BEGINNING. Containing 0.280 Acres ( 12, 183 Sq. Ft.) more or less. Drainage Easement Description A part of the SEI /4 of the NWI /4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas being more particularly described as follows: Commencing at the SW Comer of the SEI /4 of the NW 1/4 of said Section 7 thence N 00 ' 08'38" E, along the West line of SETA of the NWI /4 of said Section 7 for a distance of 685 .66 feet; thence S 89 ° 51 '22" E, 100.00 feet for the POINT OF BEGINNING. Thence N 00 °08'38" E, 202.43 feet; thence N 81 ° 10'05" E, 15. 19 feet; thence S 00 °08'38" W, 204.77 feet; thence N 89059126" W, 15.00 feet to the POINT OF BEGINNING. Containing 0.070 Acres (3,054 Sq. Ft.) more or less. VA 99-15.00 • Page 1 PC Meeting of 13 Dec. 99 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Utility Easement Vacation 113 W. Mountain St. Clary Development Corp. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members „ / THRU: Tim Conklin, City Planner FROM: Ron Petrie, P.E., Staff Engineer DATE: December 9, 1999 Project: VA 99-15.00: Easement Vacation (Clary Development, pp 401) was submitted by Roger Trotter of Development Consultants, Inc. for Lots 3R & 8, Wedington Place Addition. The property is zoned C-2, Thoroughfare Commercial , and contains approximately 11 .8 acres. The request is to vacate a 20' utility easement located along the common lot line for Lots 3R & 8 and a portion of a 15 ' drainage easement located on the west side of Lot 8 . The utility easement is vacant and will not be needed since these lots are not being developed independently. The drainage easement contains a small detention pond that will be relocated as a part of the Lot 3R & 8 Large Scale Development. 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 service. Southwestern Electric Power Company - No objections. Arkansas Western Gas - No objections. SW Bell - No objections. Cox Communications - No objections. City of Fayetteville: Water/Sewer - No objections. Street Department - No objections. Solid Waste - No objections. Recommendation: Approval of the requested easement vacation subject to the relocation of the existing storm water detention storage. VA 99-15. 00 Page 1 PLANNING COMMISSION ACTION: yes Required Approved Denied Date: 12 / 13 / 99 Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date: / / VA99- 15 . 00 - Wedington Place Lots 3R & 8 - Close Up / / R-1.5 R-1.5 R-2 R-1 .5 J; / R-1.5 MULBERRY ' 15 /� -2 R-2 R-2 i R-1.5 / R-1.5 R-1 .5 \ � /�R-1 .5 R-1.5 R-1.5 R-1 .5 R-1 .5�ZS R-2 R-2 R-2 R-2 Lot 4B Lot 4A R-2 R-2 R-2 R-2 R-2 MICA -2 R-2 R-2 Wedington Place R-2 Lot 8 Lot 3R Lot 5 15 Drainage Easement ZY Utility Easement G2 G2 0 O m LUQ Lot 7 Lot 1R Lot 6 Lot 2 Imo- WEDINGTON G1 G1 G1 G1 G2 R-0 N 200 0 200 Feet W E S VA99 . 00- 15. 00 - Wedington Place Lots 3R & 8 - One Mile Radius R-1 z 1 0 I I I I A-7 R-7 R-1 Q A-1 a A-1 A-1 L I MEADOWLARK a A.1 I n MOUNT COMFORT i R-2 - P-1 R-1 1-1 IDLE I I T WEST LL P z I 2 I I 0 FAIRFAX AWAY R-2 �VC pry I R-7.5 R-1 M 1-1 A-1 I F -1 R-1.5 ^ ` DEANE ® -1.SWILD FLOW VCA SYCAMORE R-2E Z R-7.5 I A7 tl' 4` 5 h1 P,y - 1 R2 R f PRINL ON w N AR URLHgRT ON W R w O n j rc CORNELL u R-1 ¢ ME(� 0 -2 E A VA55AR R-1.5 m R-1 u P-1 P- R 21) OOROTHV JEANN R < a z R-2 m MICA I © R-1 R-1 LAW R-1 h1 G1 G1 R-0 a G2 1 VALLEY R-1 G1 �� ttz R-0 -0 R-0 WEDINGTON GG2 w 1 �P R-1 R-1 ¢ 5:-0a r R-0 Q o 0 z R-1 R-1 _p R-1 [�- -j 5 J G2 LOWER a > w R2 u O CLEVELAND L R-1 R wO LINCOLNWOOD HER G2 gu C 1 R1 m A-1 R-7 i Fr u PRATT 1400 0 1400 Feet N W E S Planning Commission Minutes December 13 , 1999 Page 2 Johnson: I will call to order the last meeting of the Fayetteville Planning Commission for the year. We will postpone until the next meeting the approval of the minutes. We don't have those with us this evening. Consent Agenda Pfg VA99-15: VACATION `mN , LOTS 311 & 8 WEDINGTON PLACE, pp401 This item was submitted by Roger Trotter of Development Consultants, Inc. on behalf of Steve Clary of Clary Development Corp. for property located at lots 3R and 8 of Wedington Place. The request is to vacate the 20 foot utility easement between lots 3R & 8 and a portion of a 15 foot drainage easement located within lot 8. Staff Recommendation Staff recommended approval subject to the relocation of the existing stormwater detention storage. Commission Discussion Johnson: Is there anyone on the Commission who would ask to remove this from the Consent Agenda? Is there anyone in the audience who would want to discuss this item? Seeing none, I would ask for the roll call on the consent agenda. Roll Call Upon roll call, the Consent Agenda was unanimously approved with a vote of 8-0-0. p2d/z1a RECEIVED STAFF REVIETR bry M 0 1999 X Agenda Request CITY OFFAYEfTEVILLE Contract Review CMCLBUCSOFFICE Grant Review For the Fayetteville City Council meeting of January 4 , 2000 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for VA 99 - 15 . 00 submitted by Roger Trotter of Development Consultants , Inc . on behalf of Steve Clary of Clary Development Corp . for property located at lots 3R & 8 of Wedington Place . The request is to vacate the 20 foot utility easement between lots 3R & 8 and a portion of a 15 foot drainage easement located within lot B . Ti¢ Cdr 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 nti g anager Date ADA Coordinator Date C ty Att Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission approved the vacation on the Consent Agenda with a unanimous vote of 8 - 0 - 0 . Cross Reference ' sion He d Date r etivevices r D e New Item : Yes No / J A ni rate Prev Ord/Res# : ire 12 /4 Mayo Date Orig Contract Date :