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Home My WebLink AboutOrdinance 4354 • ` iLED FOR RECOiEC' ' 02 AN 14 HM 11 36 ORDINANCE NO. 4354 WASHING i u ; i . .. :, , ; AN ORDINANCE APPROVING VAO1 -8.00 TO VACATE B. STAMPS AND ABANDON A 10' WIDE UTILITY EASEMENT LOCATED AT 2522 S. COLLEGE (LOT 12 OF TAYLOR ESTATES) AS SHOWN ON THE ATTACHED MAP AND SURVEY. 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. PASSED AND APPROVED this 4`h day of December, 2001 . APPROVED : pYETIF�i B v �• �•fit an Coody, Nlayoir Y� rri By Heather oodruff, City CI 2002006770 Exl r • Ord . 4354 VA VAO1-8 . 00 EXHIBIT "A" EXHIBIT A A 20' Utility Easement located in the SW 1 /4 of the NW 1/4 of Section 27, T16N, R30W in Washington County, Arkansas and being described as follows: Commencing at the NW Corner of said SW 1 /4;NW 1 /4 thence East 222.48 Feet, thence South 381 . 84 Feet thence N85°48'01 "W 15.00 Feet to the Point of Beginning which is a point on the center of a 20' UE thence N85°48'01 "W 139.88 Feet to the end of said easement; and said UE being along the property line between lot 15& 16 of the old plat of Country Club Estates. M x Mr 2002006771 forf, Bette Stamps, Circum Clerk and Ex-officio Recorder Washington County, Arkansas, do hereby ceru{y that this instrument was filed for record in my office as indicated hereon and the same is now duly recorded with the acknovAedgement and certificate thereon in Record Book and Page as indicated thereon. IN WITNESS WHEREOF, I have hereunto set my cahand and atfined the seal of said Court on the date t m ted hereon. ps I rk and EX-olficlo Recorder by ' r NAME OF FILE: Ordinance No. 4354 CROSS REFERENCE: 12/04/01 Ordinance No.4354 Exhibit "A" (legal description of VA01 -8 .00) 11 /08/01 Memo to Fay. Planning Commission Members thru Tim Conklin, City Planner, from Ron Petrie, Staff Engineer 11 /13/01 Planning Commission Minutes (Pgs. 2 & 3) 12/04/01 Staff Review Form 12/06/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO. AN ORDINANCE APPROVING VA01 -8.00 TO VACATE AND ABANDON A 10' WIDE UTILITY EASEMENT LOCATED AT 2522 S. COLLEGE (LOT 12 OF TAYLOR ESTATES) AS SHOWN ON THE ATTACHED MAP AND SURVEY. 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. PASSED AND APPROVED this day of 32001 . APPROVED: By Dan Coody, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" A 20' Utility Easement located in the SW 1 /4 of the N W 1/4 of Section 27, T 16N, R30 W in Washington County, Arkansas and being described as follows: Commencing at the N W Comer ofsaid SW 1 /4;NW 1 /4 thence East 222.48 Feet, thence South 381 .84 Feet thence N85°48'01 "W 15.00 Feet to the Point of Beginning which is a point on the center of 20' UE thence N85°48'01 "W 139.88 Feet to the end of said easement; and said UE being along the property line between lot 15& 16 of the old plat ofCountry Club Estates. I • 0 • ]VA 01-08.01 Page PC Meeting of 13 Nov. 01 FAYETTEVILLE b' THE CITY OF FAYETTEVILLE, ARKANSAS Easement Vacation 113 W. Mountain St. Gerald Tomlinson Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer DATE: November 8, 2001 Project: VA 01-08.00: Vacation (Gerald Tomlinson, pp 641) was submitted by Dave Fulton for property located at 2522 South College Drive, Lot 12, Taylor Estates . The request is to vacate a 15 ' wide utility easement through Lot 12 as shown and described on the attached maps and legal descriptions . This easement was shown on the original Country Club Estates for this property . Apparently , when this area was replatted for Taylor Estates, this easement was not formally vacated through the City . There are no known utilities located within this easement. 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 provided "any relocations of or damage to Cox facilities will be at the owner's expense. No known facilities existing . " City of Fayetteville: Water/Sewer - No objections . Street Department - Not applicable. Solid Waste - Not applicable. Recommendation: Approval of the proposed easement vacation. PLANNING COMMISSION ACTION: ves Required Approved Denied Date: / / WOMAN TOMLINSON Close Up View o w c a a G SUBJECT PROPERTY 0 ASKEW OR EAST Z6iN Glp � 1Ai.a s Ns n y G FOq Overview Legend r Subject Property Boundary Master Street Plan I`-�' 11 VAR01-7 NEW '"`�.�„ Planning Area �j Freeway/Expressway J ,--'' Streets Cc" o Overlay District r<+fig Principal Arterial ur o ooa �`-,� � I City LimitsMinor Arterial Existing L - - ♦ 0 Collector Planned 0 Outside City 000 0, Historic Collector p 0 80 160 320 480 640 Feet J HN�I�_mummmnm_ ' L Hills a�INf rr: - s :. ,. ..I �f111 /CM .- 1�uiun •- • r,.�r\� - IF 15�G.w - ill !!R. ■■ IS ZONE," NOW, g ITSIPWI Q Elm OWN L UN unnmmuIS mmmm Planning Commission November 13, 2001 Page 2 Roll call and approval of the minutes from October 22, 2001, P Estes: Welcome to the November 13, 2001 meeting of your Fayetteville Planning Commission, r. the first item of business will be the roll call, Renee, would you call the roll please? ROLL CALL: Upon the calling of roll eight Commissioners were present with Commissioner Shackelford being absent, Commissioner Bunch arrived at 5 :45p.m. Estes: A quorum being present, the next item of business is approval of the minutes from the October 22, 2001 meeting. Are there any changes, additions, comments or amendments to the minutes from the October 22, 2001 meeting? Seeing none they will be approved. VAC O1-8.00 Vacation (Tomlinson/Fulton, pp 641) was submitted by Dave Fulton on behalfofGerald Tomlinson forproperty located at 2522 S. College (lot 12 ofTaylor Estates). The property is zoned R-1 , Low Density Residential and contains approximately 0. 10 acres. The request is to vacate an existing utility easement. Estes: The first item of new business is a vacation request. This is a vacation submitted by Gerald Tomlinson. It is submitted by Dave Fulton for property located at 2522 S. College Dr., lot 12 Taylor Estates. The request is to vacate a 15' wide utility easement through lot 12 as shown and described on the maps and legal descriptions that are provided in your packet. The reason for this request is that this easement was shown on the original country club estates for this property. Apparently, when this area was replatted for Taylor Estates this easement was not formally vacated through the city, there are no known utilities located within this easement. Is the applicant present? Conklin: I encourage the Commission to move this forward. This is a utility easement that was platted a long time ago. The developer came back and replatted this land. This easement was never vacated. We are trying to clean up the situation. It has caused some delay already for the owner of the lot and it is something that, under ordinance, we bring to you and we encourage you to approve it tonight. . Ward: Seeing no opposition, did you open it up to the public yet? Estes: No, I have not requested public comment but before I do that, what is the sense of the Commission? Do you wish to hear this item without the applicant present? Would there be a motion to that effect? Marr: So moved. Planning Commission November 13, 2001 Page 3 Estes: We have a motion by Commissioner Marr to hear this vacation request in the applicant's absence, is there a second? Hoffman: Second. Estes: We have a second by Commissioner Hoffman, any discussion? Renee, would you call the roll on the motion please? Roll Call: Upon the completion of roll call, the motion to hear VAC 01 -8.00 passed by a vote of 7- 0-0. Estes: The motion to hear the vacation request without the applicant present passes unanimously. Is there any member of the audience that would like to comment on this vacation request, 01 -8.00? Seeing none, I' ll bring it back to the full Commission for motions, discussions and comments. MOTION Ward: Seeing that the findings are that this won't be anything that we are really giving away, I'll make a motion that we approve VAC 01 -8 .00 for a vacation for Gerald Tomlinson. Estes: We have a motion by Commissioner Ward to approve VAC 01 -8.00, is there a second? Hoffman: I'll second. Estes: We have a second by Commissioner Hoffman. Is there any discussion or comments? Seeing none, Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve VAC 01 -8.00 was approved by a vote of 7-0-0. Estes: The motion passes unanimously. • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of December 4 , 2001 . FROM : Tim Conklin Planning Urban Development Name Division Department ACTION REQUIRED : To approve an ordinance for VAC 01 - 8 . 00 as submitted by Dave Fulton on behalf of Gerald Tomlinson for property located at 2522 S . College ( lot 12 of Taylor Estates ) . The property is zoned R- 1 , Low Density Residential and contains s approximately 0 . 10 acres . The request is to vacate an existing utility easement . R F 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 Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Accounting Manager Date Internal Auditor Date City Atfoft�ey Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission unanimously voted 7 - 0 - 0 to forward the vacation to the City Council . //- / - �l Division Head Date Cross Reference /LS-0 --0 / New Item : Yes D6;rd&nt Director Date 0/ Prev Ord/Res # : Adm ' istrative 4ices Director Date Orig Contract Date : Mayor Date Orig Contract Number :