HomeMy WebLinkAboutOrdinance 4336 � ' I- ED 70R RECORD
1 SEP 12 PPI 2 08
ORDINANCE NO, 4336 WASHIMb v ;� i: 0 A ^
B. STAMPS
AN ORDINANCE APPROVING VA01 -6.00 TO VACATE
AND ABANDON A 15' WATER AND SEWER EASEMENT
AND ALSO A PORTION OF A 20' GENERAL UTILITY
EASEMENT ON LOT 17 OF CMN BUSINESS PARK PHASE I
AS REQUESTED BY ANDY FEINSTEIN OF ENGINEERING
DESIGN ASSOCIATES ON BEHALF OF MARRIOTT COURTYARD
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 right-of-way
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 right-
of-way:
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
25' utility easement along the northern and western sides of Lot 7 .
•
PASSED AND APPROVED this 4`h day of September, 2001 .
APPROVED :
By
DA COODY, Mayor
[F,
ATTEST:
By ZZ
By_
Woodruff, City Clerk
2001112573
E
. • Ord . 4336
EXHIBIT "A"
Description of Water, Sewer Easement and General Utility
A PERMANENT 15' WATER AND SEWER EASEMENT AS DESCRIBED IN DEED BOOK
2001 AT PAGE 58565 SITUATED ALONG AND CONTIGUOUS TO A 25' PERMANENT
DRAINAGE & UTILITY EASEMENT WHICH IS LOCATED ALONG AND CONTIGUOUS
TO THE EAST BOUNDARY OF LOT NO. 17 CMN BUSINESS PARK, CITY OF
FAYETTEVILLE, ARKANSAS EXCLUDING THE NORTHERNMOST 101. ALSO THE
NORTHERNMOST 15' OF THE 20' GENERAL UTILITY EASEMENT ALONG AND
CONTIGUOUS TO THE SOUTHERN LINE EXCLUDING THE WESTERNMOST 10' OF
SAID LOT NO. 17 LOCATED IN THE NORTHWEST QUARTER (NW 1/4 ) OF THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS AS SUCH UTILITY EASEMENTS ARE
MORE PARTICULARLY SHOWN ON THE PLAT OF SAID LOT FILED FOR RECORD
OCTOBER 8, 1993 IN BOOK 12, PAGE 92, IN THE OFFICE OF THE CIRCUIT CLERK
AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY ARKANSAS
2001112574
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by
NAME OF FILE: Ordinance No. 4336
CROSS REFERENCE:
09/04/01 Ordinance No. 4336
Exhibit "A" (Description of Water, Sewer Easement and General
Utility)(VA O1 -6.00)
08/21/01 Memo to Mayor Dan Coody and Fayetteville City Council from Hugh
Earnest, Urban Dev. Director
08/13/01 Planning Commission Minutes (Page 3)
08/09/01 Memo to Fayetteville Planning Commission Members thru Tim Conklin,
City Planner, from Ron Petrie, Staff Engineer
08/09/01 Petition to Vacate Easements located in Lot 17, CMN Business Park
09/04/01 Staff Review Form
09/13/01 Departmental Memo to Tim Conklin, Planning Division, from Heather
Woodruff, City Clerk
NOTES :
0
ORDINANCE NO.
AN ORDINANCE APPROVING VA01 -6.00 TO VACATE
AND ABANDON A 15' WATER AND SEWER EASEMENT AND ALSO A
PORTION OF A 20' GENERAL UTILITY EASEMENT ON LOT 17 OF CMN BUSINESS
PARK PHASE I AS REQUEST BY ANDY FEINSTEIN OF ENGINEERING DESIGN
ASSOCIATES ON BEHALF OF MARRIOTT COURTYARD.
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 right-of-way
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 right-
of-way:
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
25' utility easement along the northern and western sides of Lot 7.
PASSED AND APPROVED this day of 52001 .
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
Description of Water, Sewer Easement and General Utility
A PERMANENT 15' WATER AND SEWER EASEMENT AS DESCRIBED IN DEED BOOK
2001 AT PAGE 58565 SITUATED ALONG AND CONTIGUOUS TO A 25' PERMANENT
DRAINAGE & UTILITY EASEMENT WHICH IS LOCATED ALONG AND CONTIGUOUS
TO THE EAST BOUNDARY OF LOT NO. 17 CMN BUSINESS PARK, CITY OF
FAYETTEVILLE, ARKANSAS EXCLUDING THE NORTHERNMOST 101. ALSO THE
NORTHERNMOST 15' OF THE 20' GENERAL UTILITY EASEMENT ALONG AND
CONTIGUOUS TO THE SOUTHERN LINE EXCLUDING THE WESTERNMOST 10' OF
SAID LOT NO. 17 LOCATED IN THE NORTHWEST QUARTER (NW 1 /4 ) OF THE
SOUTHEAST QUARTER (SE 1 /4) OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS AS SUCH UTILITY EASEMENTS ARE
MORE PARTICULARLY SHOWN ON THE PLAT OF SAID LOT FILED FOR RECORD
OCTOBER 8, 1993 IN BOOK 12, PAGE 92, IN THE OFFICE OF THE CIRCUIT CLERK
AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY ARKANSAS
VAC 98-7. 00 . .
Page I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Easement Vacation
113 W. Mountain St. Marriot Courtyard
Fayetteville, AR 72701
TO: Mayor Dan Coolly
Fayetteville City Council
FROM: Hugh Earnest, Urban Development Director
DATE: August 21 , 2001
BACKGROUND
VAC 01 -6.00: Vacation was submitted by Andy Feinstein of Engineering Design Assoc. on behalf of
Marriott Courtyard for property located on lot 17 CMN Business Park. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 1 .95 acres. The request is to vacate a 15'
water and sewer easement and also a portion of a 20' general utility easement on lot 17 of CMN
Business Park Phase L.
The applicant is requesting to replace a portion of the existing easements on the south & east of this
lot to the north & west sides of the lot. All existing utility lines effected within these portions of the
easements are proposed to be relocated to the new easements in order to construct a Courtyard by
Marriot hotel on the property.
CURRENTSTATUS
Staff recommended approval and the Planning Commission voted 7-0-0 to approve the vaction
request.
RECOMMENDATION
Approval of the proposed easement vacations with the condition that a 25' utility easement be
dedicated along the northern and western sides of Lot 7 as part of the easement plat for the large
scale development.
Planning Commission
August 13, 2001
Page 3
P
Consent Agenda:
P
VAC 01 -6.00: Vacation ( Marriott Courtyard, pp 213) was submitted by Andy Feinstein of
Engineering Design Assoc. on behalf of Marriott Courtyard for property located on lot 17 CMN
Business Park. The property is zoned C-2, Thoroughfare Commercial and contains approximately
1 .95 acres. The request is to vacate a 15' water and sewer easement and also a portion of a 20'
general utility easement on lot 17 of CMN Business Park Phase I.
VAC O1-7.00: Vacation (Greg Brockman, pp 286) was submitted by Greg Brockman for property
located at 2483-2485 Jeremiah. The property is zoned R-2. Medium Density Residential and contains
approximately 0. 12 acres. The request is to vacate a portion of the utility .easement located along the
front property line adjacent to Jeremiah Court
Estes: The next item of business to come before your Commission is the Consent Agenda.
Vacation 01 -6.00 for Marriott Courtyard submitted by Andy Feinstein of Engineering
Design Assoc. on behalf of Marriott Courtyard for property located on lot 17 CMN
Business Park. The property is zoned C-2, Thoroughfare Commercial and contains
approximately 1 .95 acres. The request is to vacate a 15' water and sewer easement
and also a portion of a 20' general utility easement on lot 17 of CMN Business Park
Phase I . The second item on the consent agenda is also a Vacation request submitted
by Greg Brockman for property located at 2483-2485 Jeremiah. The property is
zoned R-2. Medium Density Residential and contains approximately 0. 12 acres. The
request is to vacate a portion of the utility easement located along the front property line
adjacent to Jeremiah Court. Either one of these items that are on the consent agenda
may be pulled by any member of the Commission or by anyone in attendance in the
audience this evening. Does anyone wish to pull either of these two items from the
Consent Agenda? Seeing that no one desires to pull these items, would you call the roll
Sheri?
ROLL CALL:
Upon roll call the Consent Agenda is approved by a vote of 7-0-0.
a 1
VAC 01-06. 0
Page /
PC Meeting of 13 Aug 01
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Easement Vacation
113 W. Mountain St. Marriot Courtyard
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: August 9, 2001
Project: VAC 01-6.00: Vacation ( Marriott Courtyard, pp 213) was submitted by Andy
Feinstein of Engineering Design Assoc. on behalf of Marriott Courtyard for property located on lot
17 CMN Business Park. The property is zoned C-2, Thoroughfare Commercial and contains
approximately 1 .95 acres. The request is to vacate a 15' water and sewer easement and also a portion
of a 20' general utility easement on lot 17 of CMN Business Park Phase I..
The applicant is requesting to replace a portion of the existing easements on the south & east of this
lot to the north & west sides of the lot. All existing utility lines effected within these portions of the
easements are proposed to be relocated to the new easements in order to construct a Courtyard by
Marriot hotel on the property.
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 provided that a 5' utility easement is
retained along the southern lot line and a 15' utility easement is retained along the eastern
lot line.
Arkansas Western Gas - No objections provided that a 25' utility easement is retained on the west
side of the property.
SW Bell - No objections provided that "all SWBT plant is to be moved at the owners/developers
expense, charges are to be paid in full prior to job start, if relocations are necessary a
minimum of eight weeks is required, and additional easements will need to be dedicated
to replace those being vacated."
Cox Communications - No objections provided the same easements and considerations are
given to them as the Electric Company.
City of Fayetteville:
Water/Sewer - No objections provided that a 25' utility easement is dedicated along the north and
west sides of the lot.
Street Department - No objections.
Solid Waste - No objections.
VAC 01-06.00
Page 2
Recommendation: Approval of the proposed easement vacations with the condition that a 25'
utility easement be dedicated along the northern and western sides of Lot 7.
PLANNING COMMISSION ACTION: _yes Required
Approved Denied
Date:
Comments:
CITY COUNCIL ACTION : yes Required
Approved Denied
Date: / /
YETEPION TO VACATE EASEMENTS LOCATED IN LOT 17, CMN BUSINESS PARK,
CITY OF FAYETTEVMLH, ARKANSAS
TO: The Fayetteville, City Planning Commission and
The Fayetteville City Council
We the undersigned, being the owner of the real estate containing the easements hereinafter sought to be
abandoucd and vacated, lying iniatly within Lot E7, CMN Business Park, City of Fayetteville, Arkansas, a
municiple corporation, petition to vacate the easements which are described as follows;
A permanent 15' Water and Sewer Easement as described in Deed Book 2001 at Page 58565
situated along and contiguous to a 25' permanent drainage & utility easement which is located v
along and contiguous to the coat boundary of Lot No. 17 CMN Busimas Park, City of
Fayetteville. Arlainsm excluding the northernmost 101. Also the northernmost 15' of the 20'
General Utility Easement along and contiguous to the southern line excluding the weatcritmost
10' of said Lot No. 17 located in the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE
1/4) of Section 26, Township 17 Nordh, Range 30 West, Washington County, Ari®asas as such
utllity easements aro more particularly shown on the plat of said lot filed for recordOctober S.
1993 in Book 12, Page 92, in -the office of the Circuit Clerk and Fx-Officio Recorder of
Washington county Adtausas
That the real estate ofbacd by said abandonment of the easement are indicated on the attached Exhibit
"A", City of Faycnc0le used bythe public for a period of many years. And that du public interest and
welfare would not be adversely a@'ected by the abandonment of the portion of the above described
easement
The petitioner prays that the City of Fayetlirnik, Arkansas, abandon and vacate the above described real
estate, subject, however, to the gmnd na of new easements as required, and that the above described real
estate be used far their respective benefit and purpose as now approved by law.
i •
WHEREPORE, the undersigned petitioner respectfully prays that tate governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real whose. subject to said granting
of new utility easements and that ride to said real estate sought to be abandoned be vestod in the
propoerty owner as provided by law, and as to that particular land owner be free from the
easements of the public for the use of said easements.
Dated this of /�d�� 2001
/OUT (/
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X Agenda Request
Contract Review
Grant Review
STAFF REVIEW FORM
For the Fayetteville City Council meeting of September 4, 2001.
FROM:
Tim Conklin
Planning
Division
Public Works
Department
ACTION REQUESTED: To approve an ordinance for VA01-6, submitted by Andy Feinstein
of Engineering Design Assoc. on behalf of Marriott Courtyard for property located
on lot 17 CMN Business Park Phase I, The property is zoned C-2, Thoroughfare
Commercial and contains approximately 1.95 acres. The request is to vacate a 15'
water and sewer easement and also a portion of a 20' general utility easement on
lot 17 of CMN Business Park Phase I.
COST TO CITY:
Cost of this request Category/Project Budget Category/Project Name
Account Number
Project Number
Funds used to date Program Name
Remaining balance Fund
BUDGET REVIEW: Budgeted Item
Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
c _AcQuQtang an. e Date
City attorney Date
Purchasing Officer Date
ADA Coordinator Date
Internal Auditor Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission
unanimously voted 8-0-0 to recommend and forward the vacation to the City
Council.
D 4 • --• •- -
i
:4'.
, : :
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
FAYETTEV1tLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Division
From: Heather Woodruff, City Clerk
Date: September 13, 2001
Attached is a copy of Ordinance No. 4336 approving VA 01-6.00 to vacate and abandon a 15'
water and sewer easement and also a portion of a 20' general utility easement on lot 17 of CMN
Business Park Phase I as requested by Andy Feinstein of Engineering Design Associates on
behalf of Marriott Courtyard. The original will be microfilmed and filed with the City Clerk.
A copy of Ordinance No. 4336 and the description of water, sewer easement and general utility
was mailed to: Andy Feinstein
Engineering Design Associates
134 West Emma
Springdale, AR 72764
cc: Ed Connell, Engineering
Scott Caldwell, Information Tech.
John Goddard, Information Tech.
C
/
FAYTTVI.LLE
City of Fayetteville
CITY CLERK'S.OFFICE
113 W. Mountain St.
Phone:(501) 575-8323
Fax Cover Sheet
To:
Fayetteville, AR 72701
Fax #: (501) 718-7695
Company: _E44z-46a Asso TAT
Fax #:
From:
Date:
Number of Pages (including cover sheet):
Notes: DRQ. 43310
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swear (hat I am Legal Clerk of the Arkansas
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