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Home My WebLink AboutOrdinance 4432 r � ORDINANCE NO, 4432 AN ORDINANCE APPROVING VA 02-5 .00 TO VACATE AND ABANDON A SECTION OF UTILITY EASEMENT LOCATED AT 302 W. PROSPECT, 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 5`h day of November, 2002. APP VED: By: DAN COODY, Mayor ATTEST: II p I Illu II IIIIII III I IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII By. / Re : REL ecorded : 04/ 15/2009 atT01 : 31 : 30 PM ether Woodruff, City Clerk Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton County , AR Bette Stamoe Circuit Clerk F11e2003-00021981 04 • � ie • ' •� EXHIBIT "A" A UTILITY EASEMENT TEN ( 10) FEET IN WIDTH, BEING PARALLEL AND IN CONTIGUOUS TO THE EAST LOT LINE OF LOT 18, BLOCK 3, WILSON-ADAMS ADDITION, CITY OF FAYETTEVILLE, ARKANSAS, AND SITUATED FIVE (5) FEET EITHER SIDE OF SAID LOT LINE, AS SHOWN ON THE SUBDIVISION PLAT AS RECORDED IN PLAT BOOK 4 AT PAGE 167 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 04/15/2003 01 :31 :30 PM and LStamps al Estate File0002198 Bettcuit I k by NAME OF FILE: Ordinance No. 4432 CROSS REFERENCE: Item # Date Document 1 11 /05/02 Ordinance # 4432 2 10/24/02 Staff Review Form 3 12/05/02 Memo from Heather Woodruff, City Clerk to Tim Conklin, Planning 4 01 /06/03 Affidavit of Publication 5q 11 !5 03 I NOTES : 0 STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of November 5 , 2002 . FROM : _ Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : To approve an ordinance for VA 02-5 . 00 as submitted by The City of Fayetteville for property located at 302 W . Prospect , Fayetteville , Arkansas . The request is to vacate a section of the utility easement 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 : Ar,tin Manager Date ADA Coordinator Date /E - Z ! - oz Cit rney Date Internal Auditor Date Purchasing Officer - Date STAFF RECOMMENDATION : Staff recommended approval and on October 14 , 2002 the Planning Commission voted 7- 0-0 to recommend the vacation be approved by the City Council . GL Cross Reference Div ' ' onH ate I�-2 D it or Date New Item : Yes No dmi i tive ervi s Date Prev Ord/Res# : Dire c� o � May l ( UDate Orig Contract Date : ORDINANCE NO. AN ORDINANCE APPROVING VA02-5.00 TO VACATE AND ABANDON A SECTION OF UTILITY EASEMENT LOCATED AT 302 W. PROSPECT, 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. APPROVOR AFT By Dan Coody, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" A UTILITY EASEMENT TEN ( 10) FEET IN WIDTH, BEING PARALLEL AND IN CONTIGUOUS TO THE EAST LOT LINE OF LOT 18, BLOCK 3, WILSON-ADAMS ADDITION, CITY OF FAYETTEVILLE, ARKANSAS, AND SITUATED FIVE (5) FEET EITHER SIDE OF SAID LOT LINE, AS SHOWN ON THE SUBDIVISION PLAT AS RECORDED IN PLAT BOOK 4 AT PAGE 167 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. • Page 1 PC Meeting of October 14, 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: October 10, 2002 Project: VAC 02-05.00: (City of Fayetteville, pp 445) was submitted by the City of Fayetteville for property located at 302 W. Prospect. The request is to vacate a section of utility easement. The sanitary sewer line that occupied this easement has been relocated since 1984. At that time the easement was not vacated. No other utilities currently occupy this easement. Additional easement will be dedicated to replace the vacated 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. City of Fayetteville: Water/Sewer — No objections. "Approved on condition that "new" or replacement easement is provided. New easement will be recorded upon vacation of existing easement." Street Department - No objections. Solid Waste - No objections. Engineering — No objections. Recommendation : Approval of the proposed utility easement vacation 02-05 .00. • . VAC 02-05. 00 Page 2 PLANNING COMMISSION ACTION: yes Required Approved Denied Date• Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date• / / VACOMA0 302 W . PROSPECT Close Up View ❑ LFo o .i D tR 7 � S < o a > neeuary sr R-t HAWTHORN ST < w R-t � w cP /\\ CIEBURN ST p C5 < i < Rt i R-Y z p 4' 3 PROSPECT ST PROSPECT ST SUBJECT PROPERTY a P ❑ R-1 R1 El LI [R-2J LOUISE ST If Overview Legend - Subject Property Boundary Master Street Plan VACO2-5.00 r^�_� Planning Area '�/ FreewaYPressway °000__6 Ov rlay District Principal Arterial Streets CL I Ci Limits Minor Arterial cyy t �i Eristing L _ _ H . _ . .. _, Planned Outside City Collector �� •�aea Historic Collector `r 0 75 150 300 450 600 Feel un rl IlaMINE 1111 "I"M \1611111■�� IIJ■ .��. __ lul[<irt$mIrViO;111 , �■_. I - - 2. 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Roll Call: Upon the completion of roll call there were seven Commissioners present with Commissioners Estes and Ward absent. VAC 02-5.00: Vacation (City of Fayetteville) (Prospect, pp 445) was submitted by the City of Fayetteville for property located at 302 Prospect. The property is zoned R- 1 , Low Density Residential and contains approximately 0.28 acres. The request is to vacate the 10' utility easement. VAC 02-11 .00: Vacation (City of Fayetteville) (Sunbest), pp 176) was submitted by the City of Fayetteville for property located at 3868 N. Sunbest. The property is zoned R- 1 , Low Density Residential and contains approximately 0.25 acres. The request is to vacate the street- right-of-way. ADM 02-34.00: Administrative Item (NWA Pathology Associates, pp 212) Planning Commission consideration to amend conditions of approval requiring Final Plat of Brookstone Subdivision approval prior to an issuance of a building permit. Aviles: Thanks Renee. The first item of business tonight is not on the agenda. I would just like to wish Commissioner Hoover a very happy birthday. That shows her tremendous amount of dedication, she is here tonight. On the consent agenda we have four items, we have the approval of the minutes from the September 23rd meeting, we have two vacations, VAC 02-5 .00, which is a vacation for the City of Fayetteville at 302 Prospect, VAC 02- 11 .00 which is also for the City of Fayetteville for property at 3868 N. Sunbest and we have ADM 02-34.00, which is an administrative item for Northwest Arkansas Pathology Associates. That is waiving the requirement of an approval of the Final Plat of the Brookstone Subdivision prior to the issuance of a building permit for the Northwest Arkansas Pathology Associates. Does anybody wish to remove any of these items from the consent agenda on the Planning Commission? Does any member of the public wish to discuss these? Hearing no one, I will go ahead and consider a motion for approval of the consent agenda. MOTION: Shackelford: I will make a motion to approve the consent agenda as presented. Aviles: Thank you. Do I have a second? Allen: I will second. Aviles: Renee, would you call the roll please?