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HomeMy WebLinkAboutOrdinance 4419 r ORDINANCE NO. 4419 _ AN ORDINANCE APPROVING VA02-6.00 TO VACATE AND ABANDON AN .05 ACRE UTILITY EASEMENT WITHIN THE LANDERS AUTO PARK COMPLEX, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION 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 utility 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 the 17`h day of September, 2002. Lzi g N O C/J ry f- APPROVED: W -C � 8 m � m � � pvEfrfy By: � C `D o !! DAN COODY, Mayor ? Ln r � B ea er'Woodruff, City Clerk 20 71402 %rd . 4419 EXHIBIT "A" PART OF AN EXISTING UTILITY EASEMENT DEDICATED BY A PLAT RECORDED IN BOOK 16 AT PAGE 47 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, LOCATED IN THE NORTHEAST - OF THE NORTHEAST_ OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : FROM THE NORTHEAST CORNER OF SAID SECTION 33, RUN N90000900"W 549. 76 FEET; THENCE S 00°00'00" E 290.92 FEET TO A POINT ON A SOUTH LINE OF THE SAID EXISTING UTILITY EASEMENT FOR THE POINT OF BEGINNING; THENCE S72003 '03"W 91 . 71 FEET ALONG SAID SOUTH LINE TO AN ANGLE POINT TO THE LEFT; THENCE S 24°08 '05"E 61 .75 FEET ALONG AN EAST LINE OF SAID EASEMENT TO AN ANGLE POINT TO THE RIGHT; THENCE S65°51 '55"W 6.75 FEET ALONG A SOUTH LINE OF SAID EASEMENT; THENCE LEAVING SAID SOUTH EASEMENT LINE, RUN 24011 '28" W 74.93 FEET WITHIN SAID EASEMENT; THENCE CONTINUE N65048732"E 98 .01 FEET WITHIN SAID EASEMENT; THENCE CONTINUE S24005147"E 23 . 16 FEET WITHIN SAID EASEMENT TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES (2165 SQ. FT.) MORE OR LESS . 2000171 ,4 13 for Washington Circuit Clerk and Ex-offigo Reco.der that this Instrtrument°was', e, a,nsas, do hereby rartify indicated hereon Was Algid for record in my office as with and d+a Or is now duly recorded the aBook gnmera and certificate thereon in Record Book and Raga as indicated thereon. hand and affix WIiNE$g WHEREOF, I have he eunro set my ca ed hereon. ad the seal of Bald Court on the daze indi- Bette Stamps Circuit Clerk and ecorder by NAME OF FILE: Ordinance No. 4419 CROSS REFERENCE: Item # Date Document 1 09/17/02 10rdinance 4419 2 09/05/02 Staff review form 3 09/20/02 Letter from Heather Woodruff to Tim Conklin NOTES : i S ORDINANCE NO. AN ORDINANCE APPROVING VA02-6.00 TO VACATE AND ABANDON AN .05 ACRE UTILITY EASEMENT WITHIN THE LANDERS AUTO PARK COMPLEX, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 utility 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 12002. APPROVED: DR AFT By Dan Coody, Mayor ATTEST: DRAFT By Heather Woodruff, City Clerk 0 s EXHIBIT "A" PART OF AN EXISTING UTILITY EASEMENT DEDICATED BY A PLAT RECORDED IN BOOK 16 AT PAGE 47 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, LOCATED IN THE NORTHEAST _ OF THE NORTHEAST_ OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : FROM THE NORTHEAST CORNER OF SAID SECTION 33, RUN N90000'00"W 549.76 FEET; THENCE S 00°00'00" E 290.92 FEET TO A POINT ON A SOUTH LINE OF THE SAID EXISTING UTILITY EASEMENT FOR THE POINT OF BEGINNING; THENCE S72003 '03"W 91 .71 FEET ALONG SAID SOUTH LINE TO AN ANGLE POINT TO THE LEFT; THENCE S 24°08'05"E 61 .75 FEET ALONG AN EAST LINE OF SAID EASEMENT TO AN ANGLE POINT TO THE RIGHT; THENCE S65°51 ' 55"W 6.75 FEET ALONG A SOUTH LINE OF SAID EASEMENT; THENCE LEAVING SAID SOUTH EASEMENT LINE, RUN 240I1 '28" W 74.93 FEET WITHIN SAID EASEMENT; THENCE CONTINUE N65048132"E 98.01 FEET WITHIN SAID EASEMENT; THENCE CONTINUE S24°05 '47"E 23 . 16 FEET WITHIN SAID EASEMENT TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES (2165 SQ. FT.) MORE OR LESS. 0 STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of September 17 , 2002 . FROM : Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : To approve an ordinance for VA 02 - 6 . 00 as submitted by Brian Black of Black, Corley & Owens PA for property located at 1384 W . Showroom Drive , Fayetteville , Arkansas . The request is to vacate a portion of a utility easement containing 0 . 05 acres ( 2 , 165 sq . ft . ) more or less as shown and described on the attached map and legal description . COST TO CITY : $ 0 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 Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on August 26 , 2002 the Planning Commission voted 9-0-0 to recommend the vacation be approved by the City Council . --0. - Cross Reference Division Head Date Department Director Date New Item : Yes No Administrative Services Date Prev Ord/Res# : Director Mayor Date Orig Contract Date : • • VAC 02-06 & 07. 00 Page I PC Meeting of August 26,2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Utility Easement Vacation 113 W. Mountain St. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Matt Casey, Staff Engineer DATE: August 22, 2002 Project: VAC 02-06 & 07.00: Vacation (Don Nelms, pp248) was submitted by Phil Hagen of Crafton, Tull & Associates on behalf of Don Nelms for the Landers Auto Park property located at 1384 W. Showroom Drive. The request is to vacate two portions of a utility easement within the Auto Park Complex. See the attached maps and legal descriptions for the exact locations of the requested alley vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric - No objections. Southwestern Electric Power Company - Not applicable Arkansas Western Gas - No objections, "Existing 3" gas line may need to be relocated to accommodate building expansion. Landers Auto will be responsible to pay all costs of relocation and provide acceptable easement." SW Bell — No objections. Cox Communications - No objections. City of Fayetteville: Water/Sewer — "No objections. There is an existing 8" sanitary sewer in this easement. This easement can only be vacated after said sewer line is relocated following the proper design (by engineer), approval and construction/testing process. Once the new/relocated line is completed and accepted by the City and the old line is properly abandoned, then this easement can be vacated. A legal description must be attached." Street Department - No objections. Solid Waste - No objections. Engineering — No objections to vacation #1 (VAC 02-06.00). Vacation #2 (VAC 02-07.00) would leave less than three feet between the proposed building addition and the existing sewer line. Relocation of the sewer line is not recommended due to the additional utilities and the location of the gas pump. 0 • • 0 VAC O2-06 & 07.00 Page 2 Recommendation #1 : Approval of the proposed utility easement vacation 02-06.00 with the following conditions: 1 . Any relocation of existing utility lines and facilities will be at the property owner's expense. 2. Installation of the relocated sewer main must be completed prior to vacating the easement. Recommendation #2: Staff recommends denial of the vacation request 02-07.00 due to the location of the existing sanitary sewer line. PLANNING COMMISSION ACTION: Les Required Approved Denied Date: Comments: CITY COUNCIL ACTION: Les Required Approved Denied Date: / / PETITION TO VACATE A PORTIOP I OF AN UTILITY EASEMENT LOCATED IN NELMS AUTO PLAZA, CITY OF FAYETTEVILLE, ARKANSAS To: The Fayetteville City Planninj I Commission and The Fayetteville City Council I , Robert D. Nelms, General Partner in Nelms L. L.P. , the sole owners of the real estate containing the portions of the utility easement hereinafter sought to be abandoned and vacated, lying in N ms Auto Plaza Easement Plat, recorded in Book 16, Page 47 in the records of shington County, City of Fayetteville, Arkansas, a municipal corporation, tition to vacate portions of the utility easement which are described asf (lows: Vacation 1 Part of an existing utility eas ant dedicated by a plat recorded in Book 16 at Page 47 of the records f Washington County, Arkansas, located in the Northeast _ of the Northe st _ of Section 33, Township 17 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: From the Northeast Comer cf said Section 33, run N 90000'00" W 549.76 feet; thence S 00000'00' E A190,92 feet to a point on a South line of the said existing utility easement for the point of beginning; thence S 72003'03" W 91 .71 feet alonj said South line to an angle point to the left; thence S 24'08'05" E 61 .75 t along an East line of said easement to an angle point to the right; thenc a S 65051 '55' W6.75 feet along a South line of said easement; thence leaving said South easement line, run N Oj- - 24011128" W 74.93 feet within said easement;_ thence_._continue N - 6 48'32" E 98.01 Teet within said easement; thence continue S 24005'47" E 23. 16 feet within said ea ment to the point of beginning, containing 0.05 acres (2165 sq. ft.) mo or less. V tion 2 Part of an ting utility easement dedi by a plat recorded in Book 16 at Page 47 o e records of Was ' on County, Arkansas, located in the Northeast _ of Nortea _ of Section 33, Township 17 North, Range 30 West, Was n County, Arkansas, more particularly described as follows: From the Nort st Comer said Section run N 90000'00" W 266.70 feet; then 00°00'00' E 6 .23 feet to a point South line of the said existi ility easement forte point of beginning; th S 68043'45" W 5 feet along said South Ii ie; thence leaving said South ement line, 70 ' d 4072 173 SHHH WHT -I 'IIM Wd 95 : 79 Za - ZZ - 1nf PROPOSED MANHOLE /2-2 �.. It. IN 12&W EAST IL OUT 120v49W WEST I % � r ARE HYD. ASSY. N -65'48'3- '� X8.01 ` ' 18` 2 PROP IN \ / N 653517.7829 E 668954.0697 \ S/24005'4T E 23.16' LE /2-1 ; ', S 72'0303' W PROPOSED BUILDING ADDITI( :NST : ; 91.71 ' soon+ \ EwsnNc U.E. To BE VACATEDIt \ \� VACATION 01 \� ON!\ 4 � VAC 01 - 64 \ \ MH/MH o 241�1028' , � O CO 74.93' ; ; TRANSFORMER N 653430.4062 E 668885.9206 g5' W S 65451055' W \ / 9 655 6.75' ff� R \ mak k _ jr FAYETTEVI &E THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: September 20, 2002 Please find attached a copy of Ordinance No. 4419 approving VA 02-6.00 to vacate and abandon an .05 acre utility easement within the Landers Auto Park Complex. The original will be micro- filmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit