HomeMy WebLinkAboutOrdinance 4324 • ` U rOR RECOriO
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ORDINANCE NO. 4324WA,SH1Nv-AX,y, T'r�,T ,T
. tsBa..STAMPS _ . .
AN ORDINANCE APPROVING VAO1 -4.00 TO VACATE
AND ABANDON A PORTION OF AN EXISTING 20' DRAINAGE
EASEMENT AND A PORTION OF AN EXISTING 20' UTILITY
EASEMENT LOCATED AT 3430 W. TELLURIDE, FAYETTEVILLE,
ARKANSAS, AS SUBMITTED BY ROBERT BROWN OF
DEVELOPMENT CONSULTANTS, INC.
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 (foody, M r
`-k:
ATT
By l�4�"07J1�,-✓I�
Heather Woodruff, City Clerk
F
2001149120
NAME OF FILE: Ordinance No.4324
CROSS REFERENCE:
06/19/01 Ordinance No. 4324
Exhibit "A" (Utility Easement Description)
05/29/01 Planning Commission Minutes (p. 3)
05/23/01 Memo to Fayetteville Planning Commission Members thru Tim Conklin,
City Planner, from Ron Petrie, Staff Engineer and two maps.
06/19/01 Staff Review Form
06/21/01 Departmental Correspondence to Tim Conklin, Planning Director, from
Heather Woodruff, City Clerk
07/13/01 Proof of Publication
NOTES:
ord . 4324
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uti
me
EXHIBIT "A"
Utility Easement Description
PART OF LOT 413, WEDINGTON PLACE ADDITION, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NW CORNER OF LOT 3R, WEDINGTON PLACE ADDITION;
THENCE S89059'26"E, ALONG THE SOUTH LINE OF SAID LOT 4B FOR A DISTANCE
OF 10. 12 FEET; THENCE N34°28'38"E 12.09 FEET FOR THE POINT OF BEGINNING;
THENCE N89051 '22"W 13 .57 FEET; THENCE N00°08'38"E 90.93 FEET; THENCE
NI 7013' 14"E 74.41 FEET; THENCE S72°46'46"E 20.00 FEET; THENCE S17°57'27"W 68.55
FEET; THENCE S00008'38"W 90.93 FEET; THENCE N89'5 1 '22"W 6.43 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.074 ACRES (3 , 125 SQ. FT.) MORE OR LESS.
Drainage Easement Description
PARTS OF LOT 4A AND 4B, WEDINGTON PLACE ADDITION, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE NW CORNER OF LOT 3R, WEDINGTON PLACE ADDITION;
THENCE S89059'26"E ALONG THE SOUTH LINE OF SAID LOT 4B FOR A DISTANCE OF
10. 12 FEET FOR THE POINT OF BEGINNING; THENCE N34°28'38"E 59. 18 FEET;
THENCE N86039'53"E 612.86 FEET TO THE WEST RIGHT-OF-WAY LINE OF
STEAMBOAT DRIVE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE ON A
CURVE TO THE RIGHT HAVING A RADIUS OF 124.00 FEET, AN ARC LENGTH OF
25 .09 FEET AND A CHORD BEARING AND DISTANCE OF S33040'29"W 25 .05 FEET;
THENCE S86039'53 "W 242.32 FEET; THENCE S34040'49"E 18.43 FEET; THENCE
N87029'26"W 25 . 11 FEET; THENCE N34°40'49"W 15 .44 FEET; THENCE S86039'53"W
322.25 FEET; THENCE S34°28'38"W 35 .66 FEET TO THE SOUTH LINE OF SAID LOT 413;
THENCE N89059'26"W ALONG THE SOUTH LINE OF SAID LOT 4B FOR A DISTANCE
OF 24.26 FEET TO THE POINT OF BEGINNING, CONTAINING 0.306 ACRES ( 13,306 SQ.
FT.) MORE OR LESS.
2001149 / 21
r> :
I, Bette Stamps, Circuit Clerk and Ex-officio Recorder
for Washington County, Ad;ansas, do hereby centd
that this instrument was fled for record in my office as
indicated hereon and the s
with the acknowledgeame is now duly recorded
ment and certificate thereon
in Record and Page as indicefed thereon,
*and
ESS y,'HEREOF, I have hareunto set my
6.e ;ea; of said Coun on the aasa indi-
officio Recorder
ORDINANCE NO,
AN ORDINANCE APPROVING VA01 -4.00 TO VACATE
AND ABANDON A PORTION OF AN EXISTING 20' DRAINAGE
EASEMENT AND A PORTION OF AN EXISTING 20' UTILITY
EASEMENT LOCATED AT 3430 W. TELLURIDE, FAYETTEVILLE,
ARKANSAS, AS SUBMITTED BY ROBERT BROWN OF
DEVELOPMENT CONSULTANTS, INC.
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
PART OF LOT 413, WEDINGTON PLACE ADDITION, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NW CORNER OF LOT 3R, WEDINGTON PLACE ADDITION;
THENCE S89059'26"E, ALONG THE SOUTH LINE OF SAID LOT 4B FOR A DISTANCE OF
10. 12 FEET; THENCE N34°28'38"E 12.09 FEET FOR THE POINT OF BEGINNING; THENCE
N89051 '22"W 13 .57 FEET; THENCE N00°08'38"E 90.93 FEET; THENCE N17° 13' 14"E 74.41
FEET; THENCE S72°46'46"E 20.00 FEET; THENCE S17°57'27"W 68.55 FEET; THENCE
S00008'38"W 90.93 FEET; THENCE N89°51 '22"W 6.43 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.074 ACRES (3, 125 SQ. FT.) MORE OR LESS.
Drainage Easement Description
PARTS OF LOT 4A AND 4B, WEDINGTON PLACE ADDITION, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NW CORNER OF LOT 3R, WEDINGTON PLACE ADDITION;
THENCE S89059'26"E ALONG THE SOUTH LINE OF SAID LOT 4B FOR A DISTANCE OF
10. 12 FEET FOR THE POINT OF BEGINNING; THENCE N34028'38"E 59. 18 FEET; THENCE
N86039'53"E 612. 86 FEET TO THE WEST RIGHT-OF-WAY LINE OF STEAMBOAT DRIVE;
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT
HAVING A RADIUS OF 124.00 FEET, AN ARC LENGTH OF 25 .09 FEET AND A CHORD
BEARING AND DISTANCE OF S33040'29"W 25 .05 FEET; THENCE S86°39'53 "W 242.32
FEET; THENCE S34040'49"E 18.43 FEET; THENCE N87029'26"W 25. 11 FEET; THENCE
N34040'49"W 15 .44 FEET; THENCE S86039'53 "W 322.25 FEET; THENCE S34°28'38"W 35 .66
FEET TO THE SOUTH LINE OF SAID LOT 413; THENCE N89059'26"W ALONG THE SOUTH
LINE OF SAID LOT 413 FOR A DISTANCE OF 24.26 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.306 ACRES ( 13,306 SQ. FT.) MORE OR LESS.
Planning Commission
May 29, 2001
Page 3
Consent Agenda:
VA O1-4.00: Vacation (Wedington Place Phase II, Lots 4A & 4B , pp 401) was submitted by
Robert Brown of Development Consultants, Inc., on behalf of Wedington Place Senior
Apartments, LLLP for property located on Lots 4A & 4B of Wedington Place Phase II. The
property to be vacated is zoned R-2, Medium Density Residential and contains approximately
0.74 acres. The request is to vacate one drainage easement and one utility easement.
Estes: The first item of business on the Consent Agenda is Vacation 01 -4.00 for
Wedington Place Phase II, Lots 4A and 4B submitted by Robert Brown of
Development Consultants, Inc., on behalf of Wedington Place Senior Apartments,
LLLP for property located on Lots 4A & 4B of Wedington Place Phase II. The
property to be vacated is zoned R-2, Medium Density Residential and contains
approximately 0.74 acres. The request is to vacate one drainage easement and one
utility easement. Any member of the audience and any member of the Planning
Commission may pull this item from the Consent Agenda if they desire to do so:
Does anyone in the audience or any member of the Commission attending wish to
pull this item from the Consent Agenda? Seeing none, will you call the roll
please?
ROLL CALL:
Upon roll call VA 01 -4.00 is approved by a unanimous vote of 6-0-0 and will be forwarded to
City Council for consideration.
• VA 01-04.00
Page I
PC Meeting of 29 May 01
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Easement Vacation
113 W. Mountain St. Wedington Place Senior Apartments, LLLP
Fayetteville, AR 72701
M
PI
TO: Fayetteville Planning Commission Members cc
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: May 23, 2001
Project: VA 01-04.00: Vacation (Wedington Place Senior Apartments, pp 401) was
submitted by Robert Brown of Development Consultants , Inc . for property located at 3430 W.
Telluride Drive, Lots 4A & 4B, Wedington Place Addition, Phase Il . The request is to vacate a
20' wide drainage easement and a 20' wide utility easement as shown and described on the attached
maps and legal descriptions .
The requested easement vacations are due to the building configuration that was approved for the
Wedington Place Senior Apartments Large Scale Development. The existing utilities will be
relocated to newly dedicated easements .
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 - No objections.
Arkansas Western Gas - No objections .
SW Bell - No objections .
Cox Communications - No objections .
City of Fayetteville:
Water/Sewer - No objections.
Street Department - No objections.
Solid Waste - No objections.
Recommendation: Approval of the proposed easement vacations.
PLANNING COMMISSION ACTION: _ Ps Required
Approved Denied
Date: / /
' VA 01-04. 00
Page I
Comments:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /
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STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of June 19 , 2001 .
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for VA01 - 9 , submitted by Robert Brown Su
for property located at 3430 W . Telluride Drive , Lots 4A and 9B , Wedington Place Fo
Addition , Phase II . The request is to vacate a 20 ' wide drainage easement and
a 20 ' wide utility easement .
COST TO CITY :
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY :
Accounting Manager D t ADA Coordinator Date
City Attorney ate Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and Planning Commission
unanimously voted 6- 0 -0 to recommend and forward the vacation to the City
Council.
Cross Reference
Divis ' n ad Date
Dep me irect'or New Item : Yes No
Aistrativ ervices D Prev Ord/Res# :
Di or
Mayor MA-6 / Orig Contract Date :