HomeMy WebLinkAboutOrdinance 4250 V
FILED FOR RECORD
ORDINANCE NO. 4250
' 00 PUG 3 Pel 2 45
AN ORDINANCE APPROVING VA00-4.00 TO VACATE AND
ABANDON PORTIONS OF ABANDONED WATERIYIIl4BINGTON CO AR
EASEMENTS LOCATED ON LOT 19 OF CMN BUSINESS HARNESS
PARK, AS SUBMITTED BY HENRY KELLEY, 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
easements:
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: Dedication of a
15' water/sewer easement to be located adjacent to the existing 25' utility easement on the east side
of lot 19 from the south lot line to the north approximately 140 feet.
�f' 'ASND APPROVED this 5th day of July , 2000.
y I ;,
s• '" APPROVED:
�. . gy
IIVIA�-
tV" red Hanna, Mayor
ATTEST:
By
Heather WoodruTf, City Clerl
ord 4250
EX
�EfoQ
o�
EXHIBIT "A" EXHIBIT A V/
No. 1 Final Vacation of Easement filed as Bok 451 , Page 600:
A strip of land over a portion of Lot 19 of CMN Business Park, said strip being 17.5
feet on both sides of an abandoned water line, the centerline of which being more
particularly described as follows: Beginning at a point South 87° 12'24" West 136.55
feet from the Southeast comer of said Lot 19; thence North 24°40'33" East 161 .50
feet to the end of said easement vacation. This vacation, along with Ord. 2899 and
Ord. 4238 deletes all interest of the City of Fayetteville, Arkansas, in the original
easement, filed of record in Book 451 , Page 600, Washington County, Arkansas, as
granted by Elo Michaelis and LeBelle Michaelis.
No. 2 V" ation of a Portion Easement filed as Book 729, Page 295 :
A stip of land over a portion of Lot 19 of CMN Business Park, said strip being 15.0
feet on both sides of an abandoned water line, the centerline of which being more
particularly described as follows: Beginning at apoint which is North 02 °38' 19" East
135 .00 feet and North 87° 12'24" West 40.00 feet from the Southeast corner of Lot
19; thence North 87° 12'24" West 60.00 feet to the end of this easement vacation, said
point also being the West end of the easement as filed of record in Book 729 at Page
295, Washington County, Arkansas.
M
X
__
W
I, Kathleen Harness, Circuit Clerk and Ex-officio
Recorder for Washington County, Arkansas, do hereby
certify that this Instrumcnt Waa filed for record in my
office as Indicated horson and the flame is now duty
recorded with the acknowledgement and certificate
thereon In Record Book and Page as Indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the offal of said Court on the date Indi-
cated hereon.
Kathleen Harness
Circuit Clerk sag,E%•Oli 1 FB60ftle��f /
w o
NAME OF FILE: �///�/ix/J�drl ��/� • /�/ J~G
CROSS REFERENCE:
Date Contents of File Initials
r��KA7
/ dd
G'D
D
ORDINANCE NO.
AN ORDINANCE APPROVING VA00-4.00 TO VACATE
AND ABANDON PORTIONS OF ABANDONED WATER
LINE EASEMENTS LOCATED ON LOT 19 OF CMN
BUSINESS PARK, AS SUBMITTED BY HENRY KELLEY, 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
easements:
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: Dedication of a
15' water/sewer easement to be located adjacent to the existing 25' utility easement on the east
side of lot 19 from the south lot line to the north approximately 140 feet.
PASSED AND APPROVED this day of 2000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
No. I Final Vacation of Easement filed as Bok 451 , Page 600:
A strip of land over a portion of Lot 19 of CMN Business Park, said strip being 17.5 feet on both
sides of an abandoned water line, the centerline of which being more particularly described as
follows: Beginning at a point South 87° 12'24" West 136.55 feet from the Southeast corner of
said Lot 19; thence North 24°40'33" East 161 .50 feet to the end of said easement vacation. This
vacation, along with Ord. 2899 and Ord. 4238 deletes all interest of the City of Fayetteville,
Arkansas, in the original easement, filed of record in Book 451 , Page 600, Washington County,
Arkansas, as granted by Elo Michaelis and LeBelle Michaelis.
No. 2 Vaction of a Portion Easement filed as Book 729, Page 295 :
A stip of land over a portion of Lot 19 of CMN Business Park, said strip being 15.0 feet on both
sides of an abandoned water line, the centerline of which being more particularly described as
follows: Beginning at a point which is North 02°38' 19" East 135.00 feet and North 87° 12'24"
West 40.00 feet from the Southeast comer of Lot 19; thence North 87° 12'24" West 60.00 feet to
the end of this easement vacation, said point also being the West end of the easement as filed of
record in Book 729 at Page 295, Washington County, Arkansas.
Planning Commission Minutes
June 12, 2000 P�y �
Page 2 Com
Brut
CONSENT AGENDA:
Approval of minutes from the May 22, 2000 meeting.
AD 00-17.00: Administrative Item (Garroutte, pp 137) was submitted by Rick Garroutte for
property located at 2108 & 2110 Cinnamon Way, lot 11 Missouri Oaks Subdivision. The
property is zoned R-2, Medium Density Residential. The request is for a triplex on a lot that was
limited to a duplex by the final plat.
LSD 00-7.10: Large Scale Development/P.U.D. (Indian Springs phase 11, pp 372) was
submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Sweetser Properties for
. .property located south of Hwy 45 and west of Madison Drive. The property is zoned R- 1 , Low
Density Residential and contains approximately 3 .20 acres with 18 units proposed.
VA 004.00: Vacation (Millsap Road Investment, pp 213) was submitted by Henry Kelly, Jr.
of Millsap Road Investments for property located at 655 Millsap Road. Lot 19 of CMN Business
Park Phase I. The property is zoned C-2, Thoroughfare Commercial and contains approximately
2.58 acres. The request is to vacate a portion of an existing water line easement within lot 19.
VA 00-5.00: Vacation (Wiggins Memorial United Methodist Church, pp 523) was submitted
by Harvey Luttrell on behalf of Wiggins Memorial United Methodist Church for property located
at 205 W. 6'. The property is zoned R-2, Medium Density Residential and contains
approximately 0. 18 acres. The request is to vacate a portion of the City right of way.
VA 00-6.00: Vacation (Stevens, pp 521) was submitted by Joe and Angela Stevens for property
located on Old Farmington Road between Beechwood and Eastern. The property is zoned I- 1 ,
Heavy Commercial/Light Industrial and contains approximately 0.23 acres. The request is to
vacate a portion of Old Farmington Road.
Odom : Good evening and welcome to the June 12, 2000 meeting of the Fayetteville
Planning Commission. The first thing that needs to be brought to everyone's
attention is that at the Agenda Session, Item 6 that is on the agenda, AD 00- 19.00
Administrative Item appeal of the Floodplain Development Permit and Grading
Permit for LSD 00-5 Steele Crossing has been pulled from the agenda and will
instead be heard at a special Planning Commission Meeting a week from today,
June 19, 2000 at 5 :30 pm here in this room. We have five items on the consent
agenda today. The first item is the approval of the minutes of the May 22, 2000
meeting. The second is AD00-17 submitted by Rick Garroutte, and I apologize if
I pronounced that wrong, for property located at 2108 & 2110 Cinnamon Way, lot
11 Missouri Oaks Subdivision. The property is zoned R-2, Medium Density
Planning Commission Minutes
June 12, 2000
Page 3
Residential. The request is for a triplex on a lot that was limited to a duplex by
the final plat. Item two is LSD 00-7. 10 submitted by Dave Jorgensen of
Jorgensen & Associates on behalf of Sweetser Properties for property located
south of Hwy 45 and west of Madison Drive. The property is zoned R-1 , Low
Density Residential and contains approximately 3 .20 acres with 18 units
proposed. The third item is VA 00-4.00 submitted by Henry Kelly, Jr. of Millsap
Road Investments for property located at 755 Millsap Road. Lot 19 of CMN
Business Part, Phase I . The property is zoned C-2, Thoroughfare Commercial and
contains approximately 2.58 acres. The request is to vacate a portion of an
existing water line easement within lot 19. Item number 4 is VA 00-5.00
submitted by Harvey Luttrell on behalf of Wiggins Memorial United Methodist
Church for property located at 205 W. 61 . The property is zoned R-2, Medium
Density Residential and contains approximately 0. 18 acres. The request is to
vacate a portion of the city right-of-way. The fifth item on the consent agenda is
VA 00-6.00 submitted by Joe and Angela Stevens for property located on Old
Farmington Road between Beechwood and Eastern. The property is zoned I- 1 ,
Heavy Commercial/Light Industrial and contains approximately 0.23 acres. The
request is to vacate a portion of Old Farmington Road. These items on the
consent agenda will be approved by the Commission unless a member of the
Commission or the audience wishes to pull an item to discuss it individually.
PUBLIC COMMENT & COMMISSION DISCUSSION:
Odom: Does any member of the Commission or the audience wish to pull any of the
items on the consent agenda?
Marr: Mr. Chair, just a question. Is the only change on item three which we received a
revised copy?
Odom: Item three, there was a change by the staff and it is my understanding there was an
agreement by the applicant that that change was acceptable.
Conklin: That is correct. We do have signed conditions of approval on every consent item
on the agenda.
Odom: Any further questions? Call the Roll.
ROLL CALL:
Upon roll call the motion to approve the consent agenda carries unanimously 9-0-0.
VA 00-04.00
Page I
P.C. Meeting of 12 June 2000
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Waterline Easement Vacation
113 W. Mountain St. Millsap Road Investment Co.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, P.E. , Staff Engineer
DATE: June 12, 2000
Project: VA 00-04.00: Easement Vacation (Milsap Road Investment Co., Inc., pp 213) was
submitted by Henry Kelly, Jr. of Flake & Kelly Management, Inc. for property located at Lot 19,
CMN Business Park. The property is zoned C-2, Thoroughfare Commercial, and contains
approximately 1 . 857 acres. The request is to vacate a 30' and a 35' water easement located across
Lot 19.
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.
Cox Communications - Not applicable.
City of Fayetteville:
Water/Sewer - No objections provided that a 15 ' water & sewer easement be dedicated that is
adjacent to the existing 25 ' utility easement on the east side of Lot 19 from the south lot
line to the north approximately 140 feet.
Street Department - Not applicable.
Solid Waste - Not applicable.
Recommendation: Approval of the requested easement vacation subject to the dedication of
a 15 ' water/sewer easement to be located adjacent to the existing 25 ' utility easement on the
east side of Lot 19 from the south lot line to the north approximately 140 feet.
VA 00-04.00
Page 1
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: 06 / 12 / 00
Comments:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted
in total without exception by the entity requesting approval of this development item.
by
title
date
VA00-4. 00 . Millsap Road Investments Lot 19 . Close Up
C-2 G2 G2 G2
I
Lot 18 Lot 19 r^
C' G2
\ C-2
C-2
r Water Easement to
r
be vacated
G
Lot 17 G2
G2 G2
G2
G2
N 100 0 100 Feet
E
S
VA00-4 . 00 - Millsap Road Investments - One Mile Diamete
� A-1 ��i R-2 Al
HENORIX HEIGHT G \� G2 G2 � 1-2 >I A'1 R-1.5 R'2
II I\ w �-
CINNAIVR
ILI.,\ /^ HEPHER Ga
7 R-0 I 3 FRgZERH UC
PRIVATE
C-2 o z 3 R-2
JANE PR ATE = A-1 I I N m R-2 R-2
�`J X
' I GJ z 2 m 9 � O O
MARY r m
STEARNS I P
1 �w P2 ' \ G2 PARK SHO P.1
' F
R-0
� o
LL
R-0 C-2 R-0 / C-2 1 JOYCE 1
G1 VAN ASCHE ��j �\ R-0 i1 I
G7 ' i SAIN' 1-1 R-2 \ \ R-2 1
i G2
NIGHTINGR-1 i ' ' C7. -
G2 R-1 � \
RE[MItTG o
G2
SHbOH MILL R"1 N \
SW W ZN1G Py F�/ � G2 R-0 k m 1
G27`I -2 R 1 z R-1 G2 ALICE N MANCHES Ro R-
/J m R-1\ `�y_ I G2 f, ^ DEV NSHI a
K ` LONGVIEW s R-1
Al L
Glp J LONGVIEW NR'e'Y TH RNHI R-1 O
�.J R-0 3 A,1 R.1 R.1 w BERTHA AUTUMN �FLI 7 CR
RO J R-1 R-1 HAROLD R-1 D R CR
i I AA BRIARCLIFF
APPLEBY MARGAR G2 FCR
6 NUT R-1ERERROL
G SHAN N R-0 R-1 A-1
(�
QUAIL CREEK -2 g R-2 rc w R-1
R-1 I ! z E G2 y rc ETON
1 ll �- P R_7 w
' ; R-2 R-0 R-2 R-1 p FURMA 1
�E CREEK Z "` R-2 AYNE R
BISHOP 1 R-0 R•1 nawxa Hlus '1
w �PC+F`�( O ) (7 r SEN
w z 1 R-1 N R-1 O
L• �1`V j C , a z DAKCLIFF R-1 r7
R-1.5 m e R 2 2 MIMO G2 / NN'f R-1 R-1 R-1 ;n 9
Q�\O EVER EEN RI 2 P
� A 57 O > p(�`�.�f
Oa FORSYTH I W���U�II('Ij TESTASH
/ ER7'L R-1 W -1. ( 1C
R.2 \\ �2 `�'
Od
R-1 R-1
JOCELVN N ( / SII WENDARnnw
K R __-
1400 0 1400 Feet
N
W E
s