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:
4DCOODV M
, ay
v rr •;y
ATTEST: IIII
I IIIIIII IIIIII ul VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
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 �� "
i ll
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
) b edon Plac
Serer
rl
No th
�mm
\ V
°D
28 87
Residence E 1385 Wimbledon Place i
UE „ _$(130,25') (42' 250) 15'
L
LU N
H
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
a
�, u_
26
iA = 'ty M
C2 Z
D k�
(,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
0
VACO2-14.00
Close Up View
0
SANDERS
c. F ^ MASONIC DI
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En
[�U SUBJECT PROPERTY v
u t a
BEgTXA ST BERTHA ST
l/fl1 flL1HiHt
Overview
�Ipl�l�l�l�la
Legend Boundary
Subject Property Master Street Plan
VAC02-14.00 &^%`, Planning Area
000 i� Freeway/Expressway
0 o Overlay District
000000
Streets L _ _1 City Limits 40 ,p Principal Medal
Minor Arterial
N—. ExistingOutside City 0 Planned S - Collector
V- 7
•e e„ Histark Collector
0 75 150 300 450 600
Feet
A011la:
I
AFFIDAVIT OF PUBLICATION
i, , do solemnly swear that I am
Lego Clerk of the Arkansas Democrat -Gazette newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, the advertisement of:
y rC€lr7Q/'JCC J 944<C was inserted in the regular editions on
** Publication Charge: $ ///
RECEIVED
Subscribed and sworn to before me this APR 2 1 2003
IL day of 2003. cmoF, A YC �.� LE
/ CITY CLERK'S 0FF(QE
otary Public
My Commission Expires: 5-I -n']
*" Please do not pay from Affidavit.
An invoice will be sent.
OFFICIAL SEAL
SHERI DENISE SUTTON
NOTARY PUBLIC . ARKANSAS
WASHINGTON COUNTY
COMMISSION EXP. 05/01/07
ORDINANCE NO. 4445
AN ORDINANCE APPROVING VA,02-14.00 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, City
WHEREAS, the CITY Council has the authority under A.C.A. 14- at FayelteWlle
54-104 to vacate public grounds a portions thereof which are not required for corporate pwposee, and
WHEREAS. Vie City Council has determined that the fdlowfng desaibed Wuty easement Is not required
for corporate Pu'Posea
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
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 1
COUNTY, ARKANSAS. 1
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.
A(IS. AREA IS BOUNDED BY POINTS (38,0), 13,25), (42',25'), (42,15), (120,15') AND (120,0) AS i
ILLUSTRATED BY ATTACHED DRAWING,
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
APR -14-2003 11:01
AR DEMO GAZ CLASS
•
•
501 442 1760 P.04/04
4445 4/14/03 10:57 AM R 1 .
44 52w
ORONNNCE NO. LMS -
AN OPLINANCE APPRDVNO VA 02.7 80 TO VACATE AND
LOT Z? OF SUM ER 4LL R15EMEM LOCATED AT
LOT 2T U. RKANSA . AS SUASEMESN, CAT OF — —
FAYEfI LIF. AR WISAS. AS 6HOVM ON TIE ATTIp1ED Y....
MAP AND LEGAL OL`CRIPTDN. C W of FAYBU �f�a
I5MIQE'v IIa CAy Cai+o' c.a aJNMh UtOI ACA. tA. ��i
54 tpt avxxe pAYk pwroAw podotc tivd.l:cn»rotrAo►ad Ax oopdua PlAPPsos.>d
WHEREAS. It. CM Carpi it slsNlted M to WOdn0 mbad tech ntfl a It M tiled
lot w "a 0 pwLOFOa.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COIAIC6 OF THE CITY OF FAYETTEVILLE
ARKANSAS
,tjj *n t, mm the CJy Of F@yMMb, AMmeF batty vfl 1 vdaC]Mdt al d ill t1 1, bgRtw
IM M1a5 d WI. ptCC"WWV.. 41 wmThe Id4M19 dw{tlb+d MbyONAtMq:
Ss taA A al. [1c41ve10 S d Ttl! &W wL«.
Saawl 2. Tt a wpy d nt OTNTwa aq cfl bytM CWCbh W be I n IN tarts
RKwcR d eb Cony Atd Iacwded in we Oeed RaOwda OL II. Cony
PASSED wro APPROYm ml1M Sd day of Dau,Eat. 2002.
WT 'K
LDT NO.WEI�D TWENTY' -SEVEN 127! N &JM.15144L . i
P TwE CRY D FAVETTEVAIE, SITUATED N WASHINGTON C
ER PUT ON FYE N THE OFFICE OF THE CIRCUIT CLERK
cAS.
•27 OF SUMMERHU TO BE VACATED IS REFERENCE FROM
IF T4: LOT IN A %-Y PLANE VRI11 THE SOUTH PROPERTY L
NINOEO BY POINTS (38.0).13.251. M7,2ST. N2'.IS1. (1201!
TOTAL P.04
APR -11-2003 14:12 AR DEMO GRZ CLASS 501 442 1760 P.07/07
•
4445 4/11/03 1:03 PM P l 5 2x4 444ORDwANCE NO. 444$
AN OADMNCE AFPPCfl G VA W -14n TO VAGTE AND _
ABANDON A SECAON OF LmLDV EASEMEM IDCATTD AT
LOT 27 OF SWMERHRL SOMONSION, CT' OA - -
FAvETEVLLE. APNANSAS.AS SNO*N ON TIIE ATTACHED
MAP AND LE04t oEscwPnDN My of FayeftS ife
WHEHES. Vii Ctry Co c t'asihi aieta4y ira' ACA•' la-
54104IPV m. PIMG gr.,n*v ponou Owed w.M1CN we nd mP/d Iv ccr Me{TIpate. YN
WMEAFAS. M• CA, Cwd HM StwAa 4am wewo" Oe4aled wily e4s011sa aASngdM
NOW. THEREFORE. BE R OP01R D BY THE CITY CQMCIL OF THE WY OF FAYETTEMLLE.
A{MANSAS:
Semm1. Tnesld CSy of Felenw . Mmtm AaVVy Ta®Vl c acdao al J a 4�3 WValhe
/y[ q n wP 14t1 a nPi emw. am w mw mo..gm in
dn....l.i.:
j%t� Sve 2. raaOO YW a OKIW md*Gw% dDY
Sedmn 2. Tflperopydp401Mro Vdy anl4d aylti Oly CNh 411daNdmwoMw dwe
AefA d& nine Caa4y ed 14d'060 n w Deaa A_.aa dw Canv
PASSED ed Awwv® US IT. YE ary d11--i r. 2T2.
,a1gT 'K
LOT M*IHERED TMENT$SEVEN cm IN
OF THE CDY OF FAYEflE`4l.LE. snlATEO w
PER PLAT ON FILE w THE OFFICE OF THE
13.nl. (42.25). (47.151.
1
TOTAL P.07