HomeMy WebLinkAboutOrdinance 4238 FILED FOR RECORD
ORDINANCE NO. 700 APR 5 AN 11 36
AN ORDINANCE APPROVING VAOO-01 TO VACAT6-Mb6TON CO AR
ABANDON APPROXIMATELY 75812 SQUARE FEET OFOAN ZtIESS
EXISTING 35 FOOT EASEMENT LOCATED AT 655 MILLSAP
ROAD, LOT 17, OF CMN PARK, PHASE I, AS SUBMITTED BY
HENRY KELLY, JR. OF MILSAP ROAD INVESTMENTS.
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 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
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.
Section 3. That the above is contingent upon receiving the following easements: an
additional 15' wide water/sewer easement adjacent to the existing 25' Utility Easement along the
east side of Lot 17; and, an additional 15' wide water/sewer easement adjacent to the existing 20'
utility easement on the south side of Lot 17.
PASSED AND APPROVED this 21 " day of March , 2000.
APPROVED-
By:
PPROVED:
By: ��
Fr6d Hanna, Mayor
ATTEST:
By: A,
"Heather Woodruff, City CCeffc
2000026117
0 EXH 19ifi l
EXff
,tear
EXHIBIT "A" besc
Legal Description for VA00-01 .00
A strip of land, 17.5 feet on both side of an abandoned water line, the centerline of which being
more particularly described as follows: Beginning at a point South 87° 12'25" West 222.73 feet
from the Southeast comer of Lot No. 17 of the CMN Business Park Subdivision to the City of
Fayetteville, Arkansas, located in the Northwest Quarter (NW 1/4) ofthe Southeast Quarter (SE 1/4)
of Section 26, Township 17 North, Range 30 West, thence running North 22°35'40" East 223 .20
feet to the North line of said Lot No. 17 and the end of this easement vacation, said endpoint being
South 87° 12'24" West 146.55 feet from the Northeast corner of said Lot No. 17 and containing
7,812 square feet, more or less.
The bearing and distances of the above description are based upon a survey for Fluke & Kelley
Management by Milholland Company Drawing No. E-558 with the last revision dated 01 - 12-2000.
M
X
2
00
2000026718
to Kathleen Morriss, CUcuil Cork and Ex.of iclo
Recorder for Washington County, Arkansas, do hereby
oerdly that this Instrument was filed for record In my
Office as Indicated hereon and the same Is now duly
recorded with the aoknowledgemem and certificate
maroon In Record Book and Page Ae Indicated thereon.
IN WITNBBB WlfpFoP, I haus hereunto aft MY
hand And affixed the sea: of said Court on the date indi.
cated hereon.
Kathleen Mansae
Circuit Clark a t£o@I to Reoordor
by___
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
� • •
VA 00-0I.00
• Pags
PC Meeting of 28 Feb 2000
FAYETTEVILLE
THE CITY OF FAYETTEVII LE ARKANSAS water Easement Vacation ��
113 W. Mountain St Mi7lsap Road Investment Co.,
Inc.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, P.E., Staff Engineer
DATE: February 24, 2000
Project: VA 00-01.00: Easement Vacation (Milsap Road Investment Co., Inc., pp 213)
was submitted by Henry Kelly, Jr. of Flake & Kelly Management, Inc. for property located within the
CMN Business Park. The property is zoned C-2, Thoroughfare Commercial, and contains
approximately 2.58 acres. The request is to vacate a portion of a 35' water easement across Lot 17.
The waterline in this easement was previously abandoned. 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 - Not applicable.
Southwestern Electric Power Company - Not applicable.
Arkansas Western Gas - Not applicable:
SW Bell - Not applicable.
TCA Cable - Not applicable.
City of Fayetteville:
Water/Sewer - No objections provided that the approval is subject to the following:
1 . Provide an additional 15' wide water/sewer easement adjacent to the existing 25'
Utility Easement along the east side of Lots 17.
2. Provide an additional 15' wide water/sewer easement adjacent to the existing 20'
utility easement on the south side of Lot 17.
Street Department - Not applicable.
Solid Waste - Not applicable.
Recommendation: Approval of the requested easement vacation subject to the Water/ Sewer
Superintendent's requests.
® • • '' • VA 0&01.00
Page 2
PLANNING COMMISSION ACTION: _des Required
Approved Denied
Date: 02 128100
Comments:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /
/A00- 1 . 00 - Millsap Road Investments Lot 17 - Close Up
Lot 18
G2
C-2
C-2
G
m
Lot 17 G2
C-2 G2
Water Easement to
be vacated
G2
100 0 100 Fed
E
S
I �
PETITION
PETITION TO VACATE AN EASEMENT LOCATED IN LOT 17 AND 19 OF CMN BUSINESS
PARK, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council j
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter
sought to be abandoned and vacated, lying in Lot 17 and 19, CMN Business Park, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is
described as follows:
Easeme which o i i I e an eg' 'ng ata of 5 feet North and 758
/3(Y1E11p feet We f t Fof a '/,- 1 -26 1 30, portion vacated by
( � �CN Ordina ce o 9re i ok 1 pa a 28 the distance of the
vacati n w 1841h ori ' al 22 , f et I a g t Southern 365 feet
AITPIC4 more or less remainin§� 35 foot wide easement.
That the abutting real estate affected by said abandonment of the easement are the office
building located on Lot 18, CMN Business Park, and on the south along the East boundary of the
property of Lewis Brothers Leasing Co., City of Fayetteville used by the public for a period of
many years, and that the public interest and welfare would not be adversely affected by the t
abandonment of the portion of the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas abandon and vacate the above I
described real estate subject, however, to the existing utility easements and sewer easements as
required, and that the above described real estate be used for their respective benefit and
purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting
property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City
of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said
utility and sewer easements, and that title 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 the easements of the public for the use of said easement.
Dated this 3 day of f� 2000.
Printed name
Signature �
Printed name
Signature
115242 3 •
EXHIBIT BAN
#legal
Part of the Southwest Quarter ( SW 1/4 ) of the Southeast Quarter (S8 1/4) of
Section 18 and part of the Northwest Quarter (NW 1/4 ) of the Northeast Quarter
(NE 1/4 ) of Section 19 , all being in Township 16 North, Range 30 West ,
Washington County, Arkansas , being more particularly described as follows :
Beginning at the Southeast corner of said SW 1/4 of the SE 1/4 of Section 18 ;
thence North 242 . 55 feet to a found iron pin ; thence West 274 . 94 feet to a
found iron pin ; thence South 337 . 76 feet to the North Right -of Way of Old
Farmington Road ; thence North 80 degrees 04 minutes 29 seconds East 279 . 12
feet along said Right-of -Way to the East line of said NW 1/4 of the NE 1/4 of
Section 19 ; thence North 47 . 10 feet to the POINT OF BEGINNING, containing 2 . 0
acres , more or less .
i
99115244
FEB-07-2600 I1 : 2% CO ABSTRACT 1 7 SB 'P. 05/105
Lot AY 17; CMN Business Park
Vacation of 1953 water line easement across Loot 017, being 35 fed in width, Baid easement
being a part of the original "Right of Way Grant" from Elo and LaBelle Michaelis and filed in
Book 451 , Page 600 in the office of the Circuit Clerk, Washington County, Arkansas.
Easement Vacation Descrintimn:
A strip of land, 17.5 fed on both sides of an abandoned water line, the centerline of which being
more particularly described as follows: Beginning at a point South 87" 12' 25" West 222.73
feet from the Southeast comer of Lot No. 17 of the CMN Business Park Subdivision to the City
of Fayetteville, Arkansas, located in the Northwest Quartet (NW'/4) of the Southeast Quarter
(SEK) of Section 26, Township 17 North, Range 30 West; thence running North 22" 35, 40" East
223.20 fed to the North line of said Lot No. 17 and the end of this easement vacation, said
endpoint being South 87" 12' 24' West 146.55 fat from the Northeast comer of said Lot No. 17
and containing 7,812 square feet, more or lees.
The bearings and distances of the above description are based upon a survey for Flake and Kelley
Management by Milholland Company . Drawing No. E-558 with the last revision dated 01-12-
2000.
New Water/Sewer Easement Daeriotlon — Preliminary
A permanent Water/Sewer Easement, being 25 feet of equal and uniform width Wed of and
parallel with a platted 25 foot General Utility Easement on the East side of Lot No. 17 of the
CMN Business Park Subdivision to the City of Fayetteville, Arkansas. Said Water/Sewa
easement contains 5250 square fat, mon or less.
TOTAL P.05
ORDINANCE NO,
AN ORDINANCE APPROVING VA00-1 TO VACATE AND
ABANDON APPROXIMATELY 7,812 SQUARE FEET OF
AN EXISTING 35 FOOT EASEMENT LOCATED AT
655 MILLSAP ROAD LOT 17 OF CMN PARK, PHASE II,
AS SUBMITTED BY HENRY KELLY, JR. OF MILLSAP
ROAD INVESTMENTS.
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 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 Record of the County.
PASSED AND APPROVED this day of 2000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
