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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 I, Fktte $tamPF Gi cud thdl thig wash. g{. , C�U.lr . ;k';,, sed -uf, CiO Rer+•der tNthinoi6te lhe insivc;m rikaha I �.[y'� l is �dc inhmyCIeyofic��,s q hereon In aFknowlozT l+ nc§o d_I RECPFd C99k :.:. ma anp :o ' ;r; e ,,a IN WI7n . . e.j6p as lydic;;•ad thereon. hantl and { 'C85 "H«RFOF, I have here�r,;, cared hereo. �e `?'a' Gf said Court cn me ca,e � aiSCle Ps �d txrofryclo Recorder 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. 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