HomeMy WebLinkAboutOrdinance 4426 ORDINANCE NO. 4426
AN ORDINANCE APPROVING VAC 02-8.00 TO VACATE AND
ABANDON A PORTION OF UTILITY EASEMENT FOR PROPERTY
LOCATED AT 485 VINSON AVENUE, 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 15`h day of October, 2002.
t r ; APPROVED: �-
M
B
y
GOODY, Mayor coo c:
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AT � 1A � q a m
tjo n
0
M
By.
eather Woodruff, City Clerl
2C ^ 17141 2)
• � ord 4426
EXHIBIT "A"
A PART OF LOT 12 IN THE EAST MOUNTAIN ADDITION TO THE CITY OF
FAYETTEVILLE AND A PART OF LOTS 1 , 2 AND 3 OF MOUNTAIN VIEW ADDIITON TO
THE CITY OF FAYETTEVILLE AND A PART OF MAPLE STREET AS VACATED BY THE
CITY OF FAYETTEVILLE AS RECORDED IN THE RECORDS OF THE CIRCUIT CLERK,
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
FROM THE NE CORNER OF THE NW /40F THE NE 1/4 OF SECTION 15, T- 16N, R-30W,
THENCE WEST 551 .78 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
VINSON AVENUE, SAID POINT BEING THE NE CORNER OF SAID LOT 12 AS
ORIGINALLY PLATTED, THENCE SOUTH 2009 ' 10"EAST ALONG SAID RIGHT OF WAY
LINE A DISTANCE OF 7.07 FEET, THENCE LEAVING SAID RIGHT OF WAY LINE
NORTH 48052 ' 12"WEST - 18.66 FEET TO A POINT ON THE SOUTH LINE OF AN
EXISTING 20 FOOT UTILITY EASEMENT FOR THE POINT OF BEGINNING; THENCE
WEST ALONG SAID SOUTH LINE A DISTANCE OF 86.95 FEET; THENCE LEAVING SAID
SOUTH LINE NORTH 43050' 11 " WEST - 13 .86 FEET TO A POINT ON THE CENTERLINE
OF SAID EXISTING 20 FOOT EASEMENT; THENCE ALONG SAID CENTERLINE EAST -
36.01 FEET; THENCE LEAVING CENTERLINE NORTH - 5 .00 FEET; THENCE EAST -
16. 15 FEET; THENCE SOUTH 36016' 59"EAST - 4.96 FEET; THENCE EAST - 28.86 FEET;
THENCE SOUTH 48052112"EAST - 16.72 FEET TO THE POINT OF BEGINNING,
CONTAINING 979 SQUARE FEET, MORE OR LESS.
20 ,j ^_ 171413
I, Bolte Stamps, ClrouN Clmk and Ex•cf clo Recorder
for WahlnpQt�on County, Arkanoaa, do hereby cartfN
that thlo instrument was Alad for reoetd In my of loe as
Indicated hereon and tho same le nor duly rocorded
with the 80kI9Q Wodgamartt and Cant Wo thoreon
in Record Book and Rego eo Indioated thereon.
IN WITNESS WHEREOF, I have herounto set my
hand and affixed the a" of said Court on the date indi-
cated hereon.
Bette Stamps
Circuit Clerk -o do Recorder
by �
NAME OF FILE: Ordinance No. 4426
CROSS REFERENCE:
Item # Date Document
1 10/15/02 Ordinance # 4426
2 09/17/02 Staff Review Form
3 10/23/02 Letter from Heather Woodruff to Tim Conklin
NOTES :
r
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of October 1 , 2002
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for VA 02-8 . 00 as submitted by Carole
Jones of McClelland Engineers , Inc . on behalf of Ted Belden for property located
at 485 Vinson Avenue . The request is to vacate a portion of a utility easement .
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 :
Ac u tin Manager Date ADA Coordinator Date
!6 - O L
Cit orney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on September 9 , 2002 the
Planning Commission voted 8 -0-0 to recommend the vacation be approved by the City
Council .
—/3 D Cross Reference
Divi 'pn D to
� / 6-ate
Del:faftpreTit Director Date New Item : Yes No
Admi
strati Services Date Prev Ord/Res# :
Dir t&r
Mayor to Orig Contract Date :
0
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 02-8.00 TO VACATE AND ABANDON
A PORTION OF UTILITY EASEMENT FOR PROPERTY LOCATED AT 485
VINSON AVENUE, 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 2002.
APPROVED:
DRAFT
By
Dan Coody, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
• . VAC 02-08. 00
Page
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Utility Easement Vacation
113 W. Mountain St.
Fayetteville, AR 72701
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, City Planner, AICP
DATE: September 13, 2002
BACKGROUND
VAC 02-08 Vacation was submitted by Carole Jones of McClelland Consulting Engineers , Inc .
on behalf of Ted Belden for property located at 485 Vinson Avenue. The request is to vacate a
portion of a utility easement. See the attached maps and legal descriptions for the exact locations
of the requested easement 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 .
CURRENTSTATUS
Staff recommended approval and on September 9, 2002 the Planning Commission voted to
recommend the vacation to the City Council.
RECOMMENDATION
Approval of the proposed utility easement vacation 02-08.00 subject to the following
conditions :
1 . Any relocation of existing utility lines and facilities will be at the property owner's
expense .
2. Relocation of the water and sewer mains must be completed, inspected and approved
by the City of Fayetteville staff prior to vacating the easement.
EXHIBIT "A"
A PART OF LOT 12 IN THE EAST MOUNTAIN ADDITION TO THE CITY OF
FAYETTEVILLE AND A PART OF LOTS 19 2 AND 3 OF MOUNTAIN VIEW ADDIITON TO
THE CITY OF FAYETTEVILLE AND A PART OF MAPLE STREET AS VACATED BY THE
CITY OF FAYETTEVILLE AS RECORDED IN THE RECORDS OF THE CIRCUIT CLERK,
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
FROM THE NE CORNER OF THE NW '/4 OF THE NE 1 /4 OF SECTION 15, T- 16N, R-30W,
THENCE WEST 551 .78 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
VINSON AVENUE, SAID POINT BEING THE NE CORNER OF SAID LOT 12 AS
ORIGINALLY PLATTED, THENCE SOUTH 2009' 10"EAST ALONG SAID RIGHT OF WAY
LINE A DISTANCE OF 7.07 FEET, THENCE LEAVING SAID RIGHT OF WAY LINE
NORTH 48052' 12"WEST - 18.66 FEET TO A POINT ON THE SOUTH LINE OF AN
EXISTING 20 FOOT UTILITY EASEMENT FOR THE POINT OF BEGINNING; THENCE
WEST ALONG SAID SOUTH LINE A DISTANCE OF 86.95 FEET; THENCE LEAVING
SAID SOUTH LINE NORTH 43050' 11 " WEST - 13 .86 FEET TO A POINT ON THE
CENTERLINE OF SAID EXISTING 20 FOOT EASEMENT; THENCE ALONG SAID
CENTERLINE EAST - 36.01 FEET; THENCE LEAVING CENTERLINE NORTH - 5 .00
FEET; THENCE EAST - 16. 15 FEET; THENCE SOUTH 36016' 59"EAST - 4.96 FEET;
THENCE EAST - 28.86 FEET; THENCE SOUTH 48052' 12"EAST - 16.72 FEET TO THE
POINT OF BEGINNING, CONTAINING 979 SQUARE FEET, MORE OR LESS.
• • . • VAC 02-08. 00
Page 1
PC Meeting of September 9, 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: September 5, 2002
Project: VAC 02-08: Vacation (Belden, pp 486) was submitted by Carole Jones of
McClelland Consulting Engineers, Inc. on behalf of Ted Belden for property located at 485 Vinson
Avenue. The request is to vacate a portion of a utility easement. See the attached maps and legal
descriptions for the exact locations of the requested easement 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 - No objections
Arkansas Western Gas - No objections
SW Bell — No objections.
Cox Communications - No objections. "Any damage to or relocation of existing Cox facilities
will be at owner's expense."
City of Fayetteville:
Water/Sewer — No objections. "Approval contingent upon completion of relocation of water and
sewer mains as described on attached letter."
Street Department - No objections.
Solid Waste - No objections. .
Engineering — No objections.
Recommendation : Approval of the proposed utility easement vacation 02-08.00 with the
following conditions:
1 . Any relocation of existing utility lines and facilities will be at the property owner's
expense.
2. Relocation of the water and sewer mains must be completed, inspected and approved by
the City of Fayetteville staff prior to vacating the easement.
• • • • VA 02-08. 00
Page 2
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
Comments•
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /
PETITION
PETITION TO VACATE AN EASEMENT LOCATED IN LOT 12, EAST MOUNTAIN ADDITION AND
LOTS 11 2 AND 3, BLOCK 9, MOUNTAIN VIEW ADDITION, OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be
abandoned and vacated, lying in Lot 12, East Mountain Addition and Lots 1 , 2, and 3, Block 9, Mountain View
Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described
as follows:
A part of Lot 12 in the East Mountain Addition to the City of Fayetteville and a part of Lots 1 , 2 and 3 of the
Mountain View Addition to the City of Fayetteville and a part of Maple Street as vacated by the City of Fayetteville
as recorded in the records of the Circuit Clerk, Washington County, Arkansas, and being more particularly described
as follows:
From the NE comer of the NW '/4 of the NE '/4 of.Section 15, T- 16-N, R-30-W, thence West 551 .78 feet to a point
on the West Right-of-Way line of Vinson Avenue, said point being the NE comer of said Lot 12 as originally
platted, thence South 2009' 10" East along said Right-of-Way line a distance of 7.07 feet, thence leavmi g said Right-
of-Way line North 48°52' 12" West — 18.66 feet to a point on the South line of an existing 20 foot utility easement
for the Point of Beginning; thence West along said South line a distance of 86.95 feet; thence leaving said South line
North 4305011 " West — 13.86 feet to a point on the centerline of said existing 20 foot easement; thence along said
centerline East - 36.01 feet; thence leaving centerline North — 5.00 feet; thence East — 16. 15 feet ; thence South
36016'59" East — 4.96 feet; thence East — 28.86 feet; thence South 48°52' 12" East — 16.72 feet to the Point of
Beginning, containing 979 square feet, more or less (See attached drawing).
That the abutting real estate affected by said abandonment of the easement are Lot 12, East Mountain Addition and
Lots 1 , 2, and 3, Black 9, Mountain View Addition, City of Fayetteville, used by the public for a period of many
years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of
the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject, however, to the existing utility easements and sewer easements as required, and that the above described
real estate be used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above-described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that
title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as
to that particular land the owners be free from the easements of the public for the use of said easement.
Date this 9_0� day of S{ 20U .
Printed
Signature
Printed name
Signature
J:\2001\012125\E=itient VecationTctitionAm
EASEMENT VACATION REQUEST
MR. AND MRS. TED BELDEN
485 VINSON AVENUE
FAYETTEVILLE, ARKANSAS
In 2001 , Mr. and Mrs. Ted Belden attempted to sell their house located at 485 Vinson
Avenue. During the closing process, they found out that a portion of the house was
located within a 20' utility easement running east/west along the northern side of their
property. The easement contains a 6" sewer main , a 1 -1/2" water main and a 6" high-
pressure gas line. Additionally, the sewer line runs under the corner of the house, and
the water line is approximately five feet from the corner of the house at the closest point
(See attached drawing).
Per the City's request, the Owner hired a consulting engineer (McClelland Consulting
Engineers, Inc.) to design the water and sewer line relocations. The design for said
relocations has been completed . Approvals for the design have been obtained from the
Arkansas Department of Health and the City of Fayetteville. A Preconstruction
Conference was held on May 2, 2002 . The Owner, Engineer, Contractor and City Staff
Engineer were present at the Preconstruction Conference. The Owner requested that
the utility easement vacation request be made before construction begins. The City
Staff Engineer stated that the easement vacation request could be made before
construction, but recommended that the easement vacation be contingent upon the
completion of the construction of the relocated water and sewer lines.
In addition , the Owner entered into a Utility Construction/Relocation Agreement with
Arkansas Western Gas Company. The agreement authorized and paid for the
conversion of the existing 6" high-pressure gas line to an intermediate pressure line.
This conversion has been completed .
Based on the above, the Owner is requesting an easement vacation as shown on the
attached drawing . This easement vacation is contingent upon the completion of the
construction of the relocated water and sewer lines.
J:\2001\012125\Easement Vacation\Description.doc