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Home My WebLink AboutOrdinance 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. M X 00 2001051525 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. Printed name (o er)D/ gnature (owner) '1(fi — fr,53Z NE SW th �y> ' 3 D z w Q t- .� t „, v - 15534 pro5 - T n . Wfc" of t-* eeMWr �� 3 a nC VACA-1 ev 3 3 i N I � Q � I a , sS3S C. SG,,,,G•Loc1L �(1 Ol N � l � Y i5 J cel/ c( Lip F"n jing Commis 'on )00 PROPERYY: :•:..'. .:.:•: . :.: ... :.:.: . .. . . . � . '. '.' LINE .:::'. : . .. . :. . . : .. . . . ., ., .• . .. . . ;. OI-2 VA Sc r ck Pa 4 VA01 - tcurlock Close Up e❑ 0E 0 i i 0 1-1 A-1 Subject Vacation I %X\ f � � N //V Structures (1998) Master Street Classifications 400 0 400 Feet w E N PRINCIPAL ARTERIAL S Fayetteville City Limits Planning Commission February 26, 2000 VA01-2 Scurlock Page 3. 5