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
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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.
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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.
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