HomeMy WebLinkAboutOrdinance 4301 ORDINANCE NO. 4301 ' Oj i' iLED FOR RECORD
fr1flY 8 P(7 2 44
AN ORDINANCE APPROVING VA01 -2.00 TO VACATE ����SS
AND ABANDON A PORTION OF AN EXISTING WATERL"1NE H 1 R C ' 01J C 0 A R
EASEMENT LOCATED AT 3725 S. MCCOLLUM, FAYETTEVALS,TAMPS
ARKANSAS, AS SUBMITTED BY AL HARRIS OF CRAFTON, TULL
& ASSOCIATES ON BEHALF OF SCURLOCK INDUSTRIES.
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
waterline 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 1 day of March, 2001 .
APPROVED:
Dan Coody,
MayKj
ATTEST:�J�/
By /�
Heather Woodruff, City Cl�cri�
2001 051 524
ord . 4301
• • Ex
EXHIBIT q De
EXHIBIT "A"
Utility Easement Description
The East 290.33 feet of the existing 25 feet wide Water Line Easement as recorded as Land'
Records Document Number 95-057681 from Tri-State Precast, being a part of the NEI/4 of the
SW'/4 of Section 33, Township 16 North, Range 30 West; being more particularly described as
follows:
Beginning at the NW corner of the SE1/4 of the SWI/4 of said Section 33; thence S88° 11 '39"E
660.43 feet; thence NI '52'12"E 191 .45 feet; thence East 40.0 feet to the True Point of Beginning
for that portion of the existing water line to be vacated; thence East 290.33 feet to the NE comer
of said easement; thence South 25 .0 feet; thence West 290.33 feet; thence North 25 .0 feet to the
True Point of Begimung, containing 7,258 square feet, more or less.
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11 Bette Stamps, ClrttUq dark §Rcl ix-cw° c'o Rcmrder
for Washington Uwml ', A!l,vsa�, O.q n✓aty certify
that this InstrWMA WEU ft'eO i�p r?t<yrJ t% fny Cf"ce es
Indicated harvon an$ tha std 1, n f w :;' b% rearoed
Wth the Ott OOPotrrftir,tia4 pnj isr, aayta t�aecn
In Reoad Mlt AA poo', aA thereon.
IN WITH yl'=iE as i hha@ llvn Oto tat Ty
hand and ai40 the zJW a towu L" 6rt or tree ceta iroi-
oated hereon.
Be y StamRa
Circuit Clark ey : f : �Y7^•b Accorder
by
NAME OF FILE: Ordinance No. 4301
CROSS REFERENCE:
03/20/01 Ordinance No. 4301
Exhibit "A" (Legal Description of Utility Easement)
02/22/01 Memo to Fay. Planning Commission Members from thru Tim Conklin
from Ron Petrie
02/26/01 Planning Commission Minutes
05/10/01 Letter to Al Harris from Heather Woodruff
03/20/01 Staff Review Form
03/22/01 Departmental Memo from City Clerk
04/ 16/01 Proof of Publication
NOTES :
ORDINANCE NO,
AN ORDINANCE APPROVING VA01 -2.00 TO VACATE
AND ABANDON A PORTION OF AN EXISTING WATERLINE
EASEMENT LOCATED AT 3725 S. MCCOLLUM, FAYETTEVILLE,
ARKANSAS, AS SUBMITTED BY AL HARRIS OF CRAFTON, TULL
& ASSOCIATES ON BEHALF OF SCURLOCK INDUSTRIES.
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 waterline
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 2001 .
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
Utility Easement Description
The East 290.33 feet of the existing 25 feet wide Water Line Easement as recorded as Land Records
Document Number 95-057681 from Tri-State Precast, being a part of the NE'/< of the S W%< of
Section 33, Township 16 North, Range 30 West; being more particularly described as follows:
Beginning at the NW corner of the SE'/< of the S W%< of said Section 33 ; thence S88° 11 '39"E 660.43
feet; thence N1 °52' 12"E 191 .45 feet; thence East 40.0 feet to the True Point of Beginning for that
portion of the existing water line to be vacated; thence East 290.33 feet to the NE corner of said
easement; thence South 25 .0 feet; thence West 290.33 feet; thence North 25 .0 feet to the True Point
of Beginning, containing 7,258 square feet, more or less.
• • VA 01-2. 00
Page 1
PC Meeting of February 26, 2001
M
PI
Co
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Waterline Easement Vacation
113 W. Mountain St. Scurlock Industries
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: February 22, 2001
Project: VA 01-2.00: Vacation (Scurlock, pp 756) was submitted by Al Harris of Crafton,
Tull & Associates on behalf of Scurlock Industries for property located at 3725 S. McCollum. The
property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 14.38 acres.
The request is to vacate a water line easement.
Findings: There is an existing waterline and fire hydrant located in the easement. The
applicant is proposing to relocate the waterline and the fire hydrant. The fire chief has no
objection to relocating the fire hydrant with the conditions that the new hydrant be placed
within 500 feet of the building and that a gravel access be provided to the new hydrant.
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
Street Department - Not applicable
Solid Waste - Not applicable
Recommendation: Approval of waterline easement vacation.
Conditions of Approval:
1 . The fire hydrant must be relocated within 500 feet of the building and a gravel access
shall be provided to the hydrant.
Planning Commission
February 26, 2000
VA01-2 Scurlock
Page 3. 1
VA 01-2, 00
Page 1
2. The waterline shall be abandoned and the hydrant shall be relocated prior to easement
vacation.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: February 26, 2001
Comments:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
Planning Commission
February 26, 2000
VA01-2 Scurlock
Page 3.2
Principals Associates
Danny L. Brown, P.E. EverettL. Balk, P.E.
Robert M. (Matt) Crafton, P.E. James B.
Geurin, P.E.
Thomas E. Hopper, P.E. At Harris, R.L.S.
J
Kurtis J. ones, P.E. James W. Kooistra, A.I.A.
Cline L. Mansur, P.E., R.L.S. dtd )a, Jerry J. Kelso, P.E.
R.E. (Gene) Reece, P.E. Kenneth R. Kuras, P.L.S.
David Swearingen, A.I.A. Tom Mansur, P.E.
James L. Tull, C.D.A. Robert C. Reece, P.E.
Rick G. Rose, P.L.S.
Principal Emeritus George G. Strella, P.E., D.E.E.
Lemuel H. Tull, P.E. Crafton, Tull & Associates, Inc. James P. Swearingen, A.I.A.
Bob H. Crafton, P.E. Architects, Engineers & Surveyors Richard Wright, R.L.S.
Harry G. Gray, P.E.
(1941 -1997)
February 2, 2001
Planning Department
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72702
Re: Existing Water Line Easement Vacation
Scurlock Industries of Fayetteville, Inc.
CTA Project No. 013003-00
Planning Department:
Attached is an application, legal description of easement to be vacated , and addition information
for the vacation request. The easement is located entirely on the Scurlock Industries site,
therefore mailing labels for the adjacent property owners are not required.
The vacation of the existing water line easement is being requested to allow expansion of the
existing building on the south side. The existing fire hydrant will be relocated west of the
building inside the remaining easement. This relocation was discussed with the fire chief,
Mickey Jackson, who approved the relocation with the stipulation that the hydrant be kept within
500' of the building and that there would be an adequate graveled access and turn-around
provided near the hydrant for access by fire trucks from the street.
Please contact our office if you have any questions on this easement vacation request.
Sincerely,
Crafton, Tull
& Associates, Inc.
A( Aeq�46
Al Harris, Project Manager
attachments
2345 N. Green Acres Rd. / Fayetteville, Arkansas 72703 / (501 ) 443-4535 / FAX (501 ) 442-6966
E-mail: cta@craftull.com Website: http://www.craftull.com
40
PETITION TO VACATE A portion of a water line easement LOCATED IN a part of the NE1/4 of
the SW1/4 of Section 33, Township 16 North, Range 30 West, as recorded in Land Record
Documents Number 95-057681 , CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter
sought to be abandoned and vacated, lying in a part of the NE1/4 of the SWIM of Section 33,
Township 16 North, of Range 30 West, City of Fayetteville, Arkansas, a municipal corporation,
petition to vacate a portion of a water line easement which is described as follows:
The East 290.33 feet of the existing 25 feet wide Water Line Easement as recorded as
Land Records Document Number 95-057681 from Tri-State Precast, being a part of the
NE1 /4 of the SW1/4 of Section 33, Township 16 North, Range 30 West; being more
particularly described as follows: Beginning at the N.W. comer of the SE1/4 of the
SWIM of said Section 33; thence S 88011 '39" E 660.43 feet; thence N 1052'12" E 191 .45
feet; thence East 40.0 feet to the True Point of Beginning for that portion of the existing
water line to be vacated; thence East 290.33 feet to the N.E. comer of said easement;
thence South 25.0 feet; thence West 290.33 feet; thence North 25.0 feet to the True Point
of Beginning, containing 7,258 square feet, more or less.
That the abutting real estate affected by said abandonment of the easement is only that property
owned by the petitioners and has been used solely by the petitioners since the easement was
created in 1995, and that the public interest and welfare would not be adversely affected by the
abandonment of the portion of the above described water line easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above
described real estate, 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, being the petitioners, 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, and that title to
said real estate sought to be abandoned be vested in the abutting property owners, being the
petitioners, 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 real estate.
Dated this 26 day of Jam, 2001 .
Scurlock Industries of Fayetteville. Inc.
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Fayetteville City Limits
Planning Commission
February 26, 2000
VA01-2 Scurlock
Page 3. 5
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Planning Commission
February 26, 2000
VA01-2 Scurlock
Page 3.6
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Planning Commission
February 26, 2001
Page 2
Consent Agenda:
Approval of minutes from the February 12, 2001 meeting.
VA 01-2.00: Vacation (Scurlock, pp 756) was submitted by Al Harris of Crafton, Tull & Associates
on behalf of Scurlock Industries for property located at 3725 S. McCollum. The property is zoned I-
1, Heavy Commercial/Light Industrial and contains approximately 14.38 acres. The request is to
vacate a water line easement.
Odom: Welcome to the February 26, 2001, meeting of the Fayetteville Planning Commission.
The first thing we are going to do tonight is the consent agenda which are items that the
Planning Commission will approve without discussion unless there is an item on the
consent that the audience or a member of the Planning Commission wishes to pull from
the consent for discussion. The two items we have on consent tonight are the approval
of the minutes of the February 12, 2001, meeting and what was previously marked as
item number three on the agenda which is a Vacation 01-2.00 submitted by Al Harris
of Crafton, Tull & Associates on behalf of Scurlock Industries for property located at
3725 S. McCollum. The property is zoned I-1, Heavy Commercial/Light Industrial
and contains approximately 14.38 acres. The request is to vacate a water line
easement. Does any member of the audience or Planning Commissioner wish to pull
either of those items for discussion? Seeing none, they will remain on the consent
agenda and I'll ask that you call the roll.
ROLL CALL:
Upon roll call, the consent agenda is approved by a unanimous vote of 7-0-0.
THE CITY OF FAYETTEVILLE, ARKANSAS
May 10, 2001
Al Harris
Crafton Tull and Associates
2345 Green Acres Road
Fayetteville, AR 72701
Re: Scurlock Industries Vacation Request
Dear Mr. Harris:
Enclosed you will
find the ordinance
approving the
vacation request
submitted by your firm on
behalf of Scurlock
Industries. I have
also enclosed
the minutes from
the City Council meeting.
If I can be of further assistance, please contact my office at 575-8323.
Sincerely,
Heather
City Clerk
113 WEST MOUNTAIN 72701 501 521-7700
PAY 501 575-8257
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of March 20, 2001.
FROM:
Tim Conklin Planning Public Works
Name Division Department
M1 LSWL\ L4]j[URJ181J. IL) CIPPLUVO as! ULU11la!!.C LUL Vt% U1—L.UU . UUllLLLLCU Uy ail RULLIJ
of Crafton, Tull & Associates on behalf of Scurlock Industries for property
located at 3725 S. McCollum. The property is zoned I-1, Heavy Commercial/Light
Industrial and contains approximately 14.38 acres. The request is to vacate a
water line easement.
COST TO CITY:
Cost of this request Category/Project Budget Category/Project Name
Account Number
Project Number
Funds used to date
Remaining balance
Program Name
Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
GRANTING AGENCY:
ADA Coordinator
Date
Acc ntin Manager
Date
3 i-a
City Atto ney
Date
Internal Auditor
Date
Purchasing Officer
Date
STAFF RECOMMENDATION:
Staff
recommends approval and
Planning Commission
recommended to forward
to City
Council for consideration on
a unanimous vote of
7-0-0.
Division Head
Department Director
Administrative Services
Director
Mayor
3-5--o(
Date
Date
Date
Date
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
FAYETTEVI ELE •
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Sherry Metheney, Planning
From: Heather Woodruff, City Clerk
Date: March 22, 2001
Attached is a copy of the ordinance approving VA 01-2.00. The original will be microfilmed and
filed with the City Clerk.
cc: John Goddard, Info. Techn
Scott Caldwell, Info. Techn
Ed Connell, Engineering
• RECEIVED
APR 18 2001
iIV;OEi`MT m "
AFFIDAVIT OF PUBLICATION ORDINANCE NO.4301
An Ordinance epprowng VA01.2.00 to 1
vacate and abandon a potion of an ex-
isfing watedine easement bated at
3725 S. McCollum, Fayeaevtlle, Arkan-�
eas, as submitted by AI Hams of Craf.
(lo solemnly , d s Tull
& Associates onbehalf ofScur-
lock Whereas, the City of Council has the
authority under A.C.A. 14.54.104 to va-
SWCat'that I am Legal Cleric 01't11C AI'1CanS1S care public grounds or portions thereof
which are not required for corporate
purposes, and
Whereas, the City Council has deter -
the Newspaper, printed and published at Lowell mined that, easement is not required for corpo-
rate purOoses.-
Now, Therefore be it Ordained by the
City Council of the City of Fayettewlle,
Arkansas and that from my own personal knowledge and Arlkx=:
Section 1. That the City of Fayetteville,
Arkansas hereby ng vacates aM abaa-
reference to the files of said Publication the advertisement of rights edo tepu*getogether
l in8M to
/AI l the folbxvig described waterrme ease-
/ V o . s01 East Water feet of the existing 25
feet wide Water Line Easement as.rec-
orded as Land. Records Document
Number 95-057681 pfran Tri-State Pro -
cast aadm
W s ierted in the regular editions on of Sectioon33, Taims p3o16 ora nsf
Range 30 West being more parscular-
/),, yBelgescnnnbggedas follows:
/� ( of Ores aaof said Section 33; thence S
t the 1W corner of the SE3
88 11'39' E 660.43 feet; thence N
i"12• F 191.45 feet: thence East
feet to the NE comer of said 25.0 feet; theWeeasement;
(31.
/ /,,., thence South nce st
Publication Charge 3 �. OV 290.33 feet; thence North 25.0 feet to
the True Point of Beginning, containing
7,258 square feet more or less.
Seclbn 2. That a wpy of this Ordinance
Purchase Order it duly certified by the City Cleric shalt be
filed in the office of the7lsee der of the
County and recorded in the Deeds Rec-
ords the County.
oPassed and proved this 20th day of
March, 2001.
Subscribed ooCy:o
and sworn to b ore me this B
By: Dan Gody. Mayor
Attest:
! By Heather Woodruff, Cy Clerk
day o f 2001. Ap612001
No42940
tary Public 72
My commission expires
OFFICIAL SEAL
CAROLYN COAKLEY
Notary Public - Arkansas
Wa hlniton County
Box 607, 212 N. Last Av nue, Faycucvilte, Arkansas 72701, (501)571-6467
04-27-01A09:14 RCVD