HomeMy WebLinkAboutOrdinance 4445 ORDINANCE NO. 4445
AN ORDINANCE APPROVING VA02- 14.00 TO VACATE AND
ABANDON A SECTION OF UTILITY EASEMENT LOCATED
AT LOT 27 OF SUMMERHILL SUBDIVISION, 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 3`d day of December, 2002.
� pYE /,
; APPROVED:
By:
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ATTEST: IIII
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Doc ID : 004486340002 Tvoe : REL
Recorded : 04/ 16/2003 at 01 : 33 : 08 PM
By: Fee Amt : $11 . 00 Pace 1 of 2
/fle�a&7P*oodruwff.-
City Clerk'/ Mashlnoton countv . AR
Bette Stamoe circuit clerk
F11e2003-00021987
4445
EXHIBIT "A"
A PORTION OF LOT NUMBERED TWENTY-SEVEN (27) IN SUMMERHILL, A PLANNED
UNIT DEVELOPMENT OF THE CITY OF FAYETTEVILLE, SITUATED IN WASHINGTON
COUNTY, STATE OF ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS.
AREA WITHIN LOT 27 OF SUMMERHILL TO BE VACATED IS REFERENCE FROM THE
SOUTHWEST MOST CORNER OF THE LOT IN A X-Y PLANE WITH THE SOUTH
PROPERTY LINE BEING THE X-AXIS. AREA IS BOUNDED BY POINTS (385 ,01), 13 ' ,25 ')5
(42 ' ,25 '), (42 ' 115 '), ( 120'1155) AND ( 1209 ,01) AS ILLUSTRATED BY ATTACHED
DRAWING.
Washington County , AR
I certify this instrument was filed on
0411512003 01 '•33:08 FM
and recorded in Real Estate
File Number 2003.000 CcuitC e8k
earls �� "
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in U
NAME OF FILE: Ordinance No. 4445
CROSS REFERENCE:
Item # Date Document
1 12/03/02 10rd. No. 4445 w/Ex. A
2 11/04/02 1 Staff Review Form w/attachments:
11 /15/02 memo to City Council
draft ordinance
11 /12/02 Planning Commission minutes
copy of Petition to Vacate
copy of legal description
copy of close-up view
copy of one mile view
3 12/09/02 memo to Tim Conklin
5 o3 f
NOTES :
FAYETTEVI LILE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin
From: Heather Woodruff, City Clerk
Date: December 9, 2002
Attached is a copy of Ordinance No. 4445 approving VA02- 14.00 to vacate and abandon
a section of utility easement located at Lot 27 of Summerhill Subdivision, City of
Fayetteville, Arkansas, as shown on the attached map and legal description.
The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
STAFF REVIEW FORM
X Agenda Request
_, Contract Review
Grant Review
For the Fayetteville City Council meeting of December 3 , 2002 .
FROM:
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for VA 02 - 14 . 00 as submitted by Karan
Sanders for property located at 1385 Wimbledon Place , 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 :
Ing M ger Date ADA Coordinator Date
Cit n Date Internal Auditor Date
Purchasing Officer Date -
STAFF RECOMMENDATION : Staff recommended approval and on November 12 , 2002 the
Planning Commission voted 8 -0-0 to recommend the vacation be approved by the City
Council .
Cross Reference
' Divisi He 3 / Ila tem
D Director /Date /1 New Item : Yes No
i� _ aC 0
Admi strative Services a t"e� Prev Ord/Res# :
Dir r
Mayor VDae".
Orig Contract Date :
• • VAC 02-14.00
Page I
CC Meeting of December 3, 2002
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Sanders Easement Vacation
113 W. Mountain St.
Fayetteville, AR 72701
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, City Planner, A.I.C.P.
DATE: November 15, 2002
Project: VAC 02-14.00 (1030): Vacation (Sanders, pp 214) was submitted by Lewis
Sanders on behalf of Kazan Sanders for property located at 1385 Wimbledon
Place. The property is zoned R- 1 , Low Density Residential and contains
approximately 0.29 acres. The request is to vacate a 15 ' utility easement.
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 - NA
Arkansas Western Gas — No Objections
SW Bell — No Objections
Cox Communications - No Objections
City of Fayetteville:
Water/Sewer — No Objections
Street Department - No Objections
Solid Waste - No Objections
Engineering ,— No objections.
Current Status:
On Nov. 12, 2002, the Planning Commission voted 7-0-0 to forward the Vacation to the City
Council with a recommendation for approval.
0
ORDINANCE NO.
AN ORDINANCE APPROVING VA02- 14.00 TO VACATE AND ABANDON
A SECTION OF UTILITY EASEMENT LOCATED AT LOT 27 OF
SUMMERHILL SUBDIVISION, 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 92002.
APPROVED:
DRpF
By
Dan Coody, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
A PORTION OF LOT NUMBERED TWENTY-SEVEN (27) IN SUMMERHILL, A PLANNED
UNIT DEVELOPMENT OF THE CITY OF FAYETTEVILLE, SITUATED IN WASHINGTON
COUNTY, STATE OF ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS .
AREA WITHIN LOT 27 OF SUMMERHILL TO BE VACATED IS REFERENCE FROM THE
SOUTHWEST MOST CORNER OF THE LOT IN A X-Y PLANE WITH THE SOUTH
PROPERTY LINE BEING THE X-AXIS. AREA IS BOUNDED BY POINTS (389 ,07), 13 ',25 '),
(42',25 '), (42' , 15 ')5 ( 120% 155) AND ( 1201 ,0') AS ILLUSTRATED BY ATTACHED
DRAWING.
Planning Commission • •
November 12, 2002
Page 3
Aviles: Welcome to the Tuesday, November 12, 2002 meeting of the Fayetteville
Planning Commission. Renee, would you call the roll please?
Roll Call: Upon the completion of roll call there were eight Commissioners present with
Commissioner Shackelford being absent.
Approval of Minutes:
Aviles: Thanks Renee. The approval of the minutes from the October 28`h meeting is
the next item on our agenda. Do I have a motion for approval of the minutes?
Ward: So moved.
Allen: Second.
Aviles: I have a motion and a second. Renee, would you call the roll please?
Roll Call: Upon the completion of roll call the minutes were approved by a vote of 8-0-0.
VAC 02-14.00 (1030): Vacation (Sanders, pp 214) was submitted by Lewis Sanders on
behalf of Kazan Sanders for property located at 1385 Wimbledon Place. The property is zoned
R- 1 , Low Density Residential and contains approximately 0.29 acres. The request is to vacate
a 15 ' utility easement.
LSP 02-44.00: Lot Split (Walgreens, pp 135) was submitted by James Koch of CEI
Engineering on behalf of Whiteco Interra Ventures, LLC for property located at 3939 N.
Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains
approximately 2.97 acres. The request is to split into two tracts of 1 .74 acres and 1 .23 acres.
Aviles: Thank you Renee. This evening the first two items on the agenda, VAC 02-
14.00 and LSP 02-44.00 have been placed on the consent agenda.
Commissioners, is there any Commissioner that would wish to pull this from
the consent agenda or is there any member of the audience wishing to do so?
Seeing none, we will go ahead and entertain a motion for the consent agenda.
Allen: I move for approval of the consent agenda.
Aviles: I have a motion by Commissioner Allen.
Hoover: I will second.
Aviles: A second by Commissioner Hoover. Renee, would you call the roll please?
Roll Call: Upon the completion of roll call the motion to approve the consent agenda was
approved by a vote of 8-0-0.
Aviles: Thanks. The consent agenda passes.
PETITION TO VACATE AN EASEMENT LOCATED IN LOT 27 OF
SUMMERHILL SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
I, the undersigned, being the sole owner of the real estate containing the easement
hereinafter sought to be abandoned and vacated, lying in Lot 27 of Summerhill
Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an
easement which is described as per the attached drawing (prepared by Lewis F. Sanders,
P.E., and dated October 4, 2002).
That the abutting real estate affected by said abandonment of the easement is Lot 26 and
27 of Summerhill Subdivision 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 petitioner prays that the City of Fayetteville, Arkansas, abandon and vacate the
above-described real estate and that the above-described real estate be used for their
respective benefit and purpose as now approved by law.
The petitioner further prays that the above-described real estate be vested to the property
owner as provided by law.
WHEREFORE, the undersigned petitioner respectfully prays that the governing body of
the City of Fayetteville, Arkansas, abandon and vacate the above described real estate and
that title to said real estate sought to be abandoned be vested to the property owner as
provided by law, and as to that particular land the owner be free from the easements of
the public.
Dated this /3 day of Oaf 20 Oz
aran Kaye S19tte Sanders
t
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No th
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28 87
Residence E 1385 Wimbledon Place i
UE „ _$(130,25') (42' 250) 15'
L
LU N
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M
H (42',15') UE (120',15'
25'UE b ) r Barn m r Aren to be Vacated
m m House
UtilityE C T —
_ —
Services H PL 139.10' Sere vat re _
Reference (0',0') I (38', ') PL 122.06' (120',0')
15' I 15'UE
21' \\This land owned by p
owner of lot 26. � us'UE
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26
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(,egol Description of Area being Vacated:
Area to have Utility Easement vacated as
illustrated by the hatched area above is a
portion of Lot Numbered Twenty-Seven (27) in 17
Summerhill, a Planned Unit Development to the City
of Fayetteville; situated in Washington County,
State of Arkansas, as per plat an File in the
office of the Circuit ClArk of Washington County,
Arkansas.
Area within Lot 27 of Summerhill to be vacated is
reference from the Southwest most corner of
. the lot in a x-y plane with the South Property
Line being the x-axis. Area is bounded by points
(38',0')4 . (13';25'), (42',25'), (42',15'), (1200,150) and Preoared by
(120',0') as illustrated by the hatched area above.
Lewis F. Sanders, P.E.
Note There are no Service Utilities within the 1385 Wimbledon Place
area being vacated as established by Arkansas Fayetteville, AR 72703
One Call. _ Pgr: 973-6457