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