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HomeMy WebLinkAboutOrdinance 4486 ORDINANCE NO. 4481 AN ORDINANCE APPROVING VAC 03-7.00 TO VACATE AND ABANDON A DRAINAGE EASEMENT LOCATED ON PROPERTY AT THE NORTHEAST CORNER OF SIXTH STREET AND SOUTH SCHOOL AVENUE AS DEPICTED 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 casement 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 this Vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendation as described in Exhibit `B" attached hereto and made a part hereof. Section 3 . 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 20`h day of May, 2003. MY E int APPROVED: u ' � r• By. DAN COODY, Mayor . 10 �� IIIIIIIIIililllllllllllllllllllll�llllllll Doc t0 : 0 0 6 1 35400002 Tvpe : REL lllllllllllllllllllllllllll By .LVW FeeRecoAmt : $11. 00/2003 Paas 1tof 1228: 30 AM SONDRA SMITH, Cit Clerk Mashtnoton County . AR City Bette stamoe circuit Clerk F11e2003-00036024 EXHIBIT "A" VAC 03-7,00 A PART OF LOTS 5 AND 6, BLOCK 10 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; AS PER THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 4 AT PAGE 203 IN THE OFFICE OF THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 6 AND RUNNING NORTH 107 '58" EAST 25 .67 FEET TO THE POINT OF BEGINNING, SAID POINT BEING WHERE THE PROPOSED NORTH RIGHT OF WAY LINE OF 6T" STREET INTERSECTS THE WEST LINE OF LOT 6, THENCE LEAVING THE PROPOSED NORTH RIGHT OF WAY LINE OF 6T" STREET AND RUNNING ALONG THE WEST LINE OF LOTS 6 AND 5, NORTH 1007158" EAST - 40 FEET TO A POINT WHERE THE NORTH LINE OF THE PROPOSED PERMANENT DRAINAGE EASEMENT INTERSECTS THE WEST LINE OF LOT 5, THENCE LEAVING THE WEST LINE OF LOT 5 AND RUNNING ALONG THE PERMANENT DRAINAGE EASEMENT LINE, SOUTH 89032'44" EAST - 9.80 FEET; THENCE SOUTH 0027 ' 1699 WEST - 40.00 FEET TO A POINT ON THE PROPOSED NORTH RIGHT OF WAY LINE OF 6T" STREET; THENCE ALONG THE PROPOSED NORTH RIGHT OF WAY LINE OF 6T" STREET; NORTH 89°32 '44" WEST- 10.27 FEET TO THE POINT OF BEGINNING, CONTAINING APPROXIMATELY 401 SQ.FT. OR 0.009 ACRES, MORE OR LESS. ALSO: A PART OF LOTS 7 AND 8, BLOCK 10, OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION RECORDED IN BOOK 4 AT PAGE 203 IN THE OFFICE OF THE CIRCUIT CLERK OF WASHINGTON CONTY, ARKANSAS AND BIENG MORE PARTIUCLARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7 AND RUNNING NORTH O1007 ' 58" EAST - 25 .77 FEET TO THE POINT OF BEGINNING; THENCE LEAVING THE EAST LINE OF LOT 7 AND RUNNING NORTH 89032744" WEST-7.72 FEET; THENCE NORTH 00027' 1699 EAST - 40.00 FEET; THENCE SOUTH 89°32 '44" EAST 8. 19 FEET TO A POINT ON THE EAST LINE OF LOT 8; THENCE SOUTH 01 °07 ' 58" WEST - 40.00 FEET ALONG THE EAST LINES OF LOTS 7 AND 8 TO THE POINT OF BEGINNING AND CONTAINING 318FT SQUARED, MORE OR LESS, THE BEARINGS FOR THESE DESCRIPTIONS ARE BASED ON THE CITY OF FAYETTEVILLE GLOBAL POSITIONING SATELLITE SYSTEM, WHICH MAY VARY FROM THE BEARING SYSTEM PREVIOUSLY USED IN DESCRIBING THE SUBJECT PROPERTY. �m oa0 la�,o� iJ - d6�Ga�F. d FFO of G o�✓o. Go Gi O� CD m � A NAME OF FILE: Ord. No. 4486 CROSS REFERENCE: Item # Date Document 1 05/20/03 10rd. No. 4486 w/Ex. A 2 05/05/03 Staff Review Form w/attachments: draft ordinance memo to mayor/city council close up view- VAC03-07.00 one mile view-VAC03-07.00 3 05/24/03 Affidavit of Publication 4 05/28/03 memo to Dawn Warrick NOTES : STAFF MEW FORM - NON-FINANCIAL OPGATION 5/1��20d3 yg �Qye� Q� X AGENDA REQUEST For the Fayetteville City Council Meeting of: May 20, 2003 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval SUMMARY EXPLANATION: VAC 03-7.00 was submitted by Geoffrey Bates of Keystone Consultants on behalf of BENCOR for property located at the northeast corner of Sixth Street and South School Avenue. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate a drainage easement. STAFF RECOMMENDATION: Approval U6 LU1l� � . Z{�a «P� Received in Mayor's Office Di insioHead to Date 70 City Att ey e S-703 Cross Reference: �Department Director Date Previous Ord/Res#: S'8- o3 Fin nce & Internal Services Dir. Date Orig. Contract Date: _0 Orig. Contract Number: Chief inistr ' e Officer Dat 7New Item: Yes No d ayor Date ORDINANCE NO. AN ORDINANCE APPROVING VAC 03-7.00 TO VACATE AND ABANDON A DRAINAGE EASEMENT LOCATED ON PROPERTY AT THE NORTHEAST CORNER OF SIXTH STREET AND S. SCHOOL AVENUE AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION. WHEREAS, the City Council has the authority under A.C.A. §f454- 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 easement is not required for corporate purposes. 0 \\ NOW, THEREFORE, BE IT ORDAINED BY THE CITY%�UNCIL 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 an&to the following described utility easement: _ See Exhibit "A" attached hereto and made a-part hereof. Section 2. That.tlus Vacation app\ subject to'the conditions of approval listed in the staff report and Planning Commission recommendation as described in Exhibit `B" attached hereto and made a parhhereof. Section 3. That\py ofthis Ordinance duly certified by the City Clerk shall be filed in the,office-of Recorder of the County�and recorded in the Deed Records of the County. PASSED AND ARPROVED:th;s day of 92003 . APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 03-7.00 A PART OF LOTS 5 AND 6, BLOCK 10 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; AS PER THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 4 AT PAGE 203 IN THE OFFICE OF THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT�6 AND" RUNNING NORTH 107' 58" EAST 25.67 FEET TO THE POINT OF BEGINNING� SAID�POINT BEING WHERE THE PROPOSED NORTH RIGHT OF WAY LINE OF 6 STREET INTERSECTS THE WEST LINE OF LOT 6, THENCE LEAVING THE PROPOSED�NORTH RIGH \01F WAY LINE OF 6TH STREET AND RUNNING ALONG THE WEST'LINE OF LOTS\6 AND 5, NORTH 1 °07'58" EAST - 40 FEET TO A POINT WHERE�THE NORTH LINE OF\ThE PROPOSED PERMANENT DRAINAGE EASEMENT INTERSECTS THE WEST LINE OF LOT 59 THENCE LEAVING THE WEST LINE OF LOT\5 ALGID\RUNNING A'LONG THE PERMANENT DRAINAGE EASEMENT LINE, SOUTH<89032'44" EAST - 9.80 FEET; THENCE SOUTH 002711691 WEST - 40:00 FEET TO A POINT\ON THE PROPOSED NORTH RIGHT OF WAY LINE OF 6TH STREET;THENCE ALONG THE%PROPOSED NORTH RIGHT OF WAY LINE OF 6' STREET; NORTH\89°32144�WEST- 10:27 FEET TO THE POINT OF BEGINNING, CONTAINING APPROXIMATE, LY,401`SQ.FT. OR 0.009 ACRES, MORE OR LESS. ALSO: A PART OF LOTS 7 AND 8t BLOCK`, OF FERGUSON' S ADDITION TO THE CITY OF FAYETTEVILLE,_ARKANSASa AS,P.ER`PL--AT- OF SAID SUBDIVISION RECORDED IN BOOK 4 AT PAGE 203 INTHE,OFFICE`OF THE CIRCUIT CLERK OF WASHINGTON CONTY,�ARKANSAS,AND BIENG-MORE PARTIUCLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE�SO.UTHEAST/CORNER OF SAID LOT 7 AND RUNNING NORTH 01007'58 ' EAST - 25 .77 FEET TO THE POINT OF BEGINNING; THENCE LEAVING THE EAST LINE�OF\LOT 7 AND RUNNING NORTH 89032'44" WEST-7.72 FEET; THENCE NORTH 0002 R16'ZEAST - 40.00 FEET; THENCE SOUTH 8932'44" EAST 8. 19 FEET TO A POINT ON THINE ST LINE OF LOT 8; THENCE SOUTH 01007' 58" WEST - 40.00 FEET ALONG THE EAST�EINES OF LOTS 7 AND 8 TO THE POINT OF BEGINNING AND CONTAINING 318Fi SQUARED, MORE OR LESS, THE BEARINGS FOR THESE DESCRIPTIONS ARE BASED ON THE CITY OF FAYETTEVILLE GLOBAL POSITIONING SATELLITE SYSTEM, WHICH MAY VARY FROM THE BEARING SYSTEM PREVIOUSLY USED IN DESCRIBING THE SUBJECT PROPERTY. • CC Meele of May 20, 2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick, Zoning & Development Administrator, AICP THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: May 5, 2003 VAC 03-7.00: Vacation (BENCOR), pp 523 was submitted by Keystone Consultants on behalf of BENCOR for property located at the northeast corner of Sixth and School. The property is C-2. The request is to vacate a drainage easement. BACKGROUND The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES RESPONSE Ozarks Electric N/A AEP/SWEPCO No Objections — Any relocation of existing facilities will be at the owner's expense. 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 — A new drainage easement needs to be dedicated 10' on each side of the proposed storm sewer. CURRENTSTATUS On April 28, 2003, the Planning Commission voted 7-0-0 (consent agenda) to forward this item to the City Council with a recommendation for approval. RECOMMENDATION Staff recommends approval of the proposed drainage easement vacation 03-7.00 subject to the . following conditions: 1 . Any relocation of existing utilities will be at the owner's expense. 2. Dedication of a drainage easement a minimum of 10' on each side of the proposed storm sewer through the site. Planning Commission* • April 28, 2003 Page 3 VAC 03-08.00: Easement Vacation (Wallace, pp 295) was submitted by Johnny Hardcastle on behalf of Terry and Cindy Wallace for property located at 3704 Chatsworth Road. The property is zoned R- 1 , Low Density Residential and contains approximately 0.41 acres. The request is to vacate a portion of a utility easement along the eastern side property line for a swimming pool. VAC 03-07.00: Drainage Easement Vacation (Bencor, pp 523) was submitted by Geoffrey Bates of Keystone Consulting Engineers on behalf of BENCOR for property located at the northeast corner of 6t' Street and S. School Avenue. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate a 318 sq.ft. drainage easement. Hoover: Welcome to the Monday, April 28, 2003 meeting of the Fayetteville Planning Commission. Renee, would you call the roll? Roll Call: Upon the completion of roll call there were seven commissioners present with Commissioner Ostner and Commissioner Church absent. Hoover: On the consent agenda we have the approval of the minutes from the April 14° meeting and two items, VAC 03-08.00, an easement vacation and VAC 03-07.00, a drainage easement vacation. Is there any member of the audience or of the Planning Commission that would like to remove these from the consent agenda? Seeing none, do I have a motion? Allen: I move for approval of the consent agenda. Bunch: I will second. Hoover: Ok, there is a motion by Commissioner Allen and a second by Commissioner Bunch. Renee, will you call the roll? Roll Call: Upon the completion of roll call the motion to approve the consent agenda was approved by a vote of 7-0-0. Thomas: The motion carries by a vote of seven to zero. nl , . ,I !! 14 _—If c 4 y , 7 F: - h- i' 10 If to 14 to of 411 . 11 toi it to it O I of ; to It 11 if f of 11 00 of 0 Gr� , , ti � Pf / T., I. ' 1 S : . , ♦ ' ♦ LroiL._.- I It to it. \. _ 1 VAC03-07 . 00 B E N C. 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