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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 . 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