HomeMy WebLinkAboutOrdinance 4560Corrected Ord. 4560
ORDINANCE NO.4560
AN ORDINANCE APPROVING VAC 04-08.00 TO VACATE
AND ABANDON A 20' UTILITY EASEMENT LOCATED
ALONG THE BOUNDARY OF LOTS 17E AND 17F OF THE
CMN BUSINESS PARK II, PHASE II AS DEPICTED ON THE
ATTACHED 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 the
following described utility easement, abandoning all of its rights together with the rights of the
public in general:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
legal description attached hereto and labeled Exhibit "A" 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 20a' day of April, 2004.
ATTEST: rr
By: &U44J &ZA�
SONDRA SMIT , City Clerk
By:
1 M11\
�G.•G\tY w•�G�1n
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,.%„ Recorded: 05/21/2004 at 08:18:34 AM
5� A.Fee Amt: $11.00 Paoe 1 of 2
VS q�QKANste J2y Vashlncton county. AR
i0N1cp;p� Otto Stamps Circuit Clerk
F
2004-00019667
EXHIBIT "A"
VAC 04-08,00
A PART OF THE SOUTHWEST QUARTER (SWl/4) OF THE NORTHEAST QUARTER
(NEl/4) OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING ALSO A PART OF LOT
17 OF THE CMN BUSINESS PARK II, PHASE II AS RECORDED AT DOCUMENT
NUMBER 2002064980 OF WASHINGTON COUNTY RECORDS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER FOR LOT 17 OF SAID CMN BUSINESS
PARK II, PHASE II; THENCE COINCIDENT WITH THE EASTERN LINE OF SAID LOT 17,
SOUTH 15017'54" WEST FOR A DISTANCE OF 313.03 FEET TO A POINT; THENCE
CONTINUING ALONG SAID EASTERN LINE, SOUTH 24027154" WEST FOR A DISTANCE
OF 102.43 FEET TO A POINT; THENCE CONTINUING ALONG SAID EASTERN LINE,
SOUTH 40018'52" WEST FOR A DISTANCE OF 97.88 FEET TO A POINT; THENCE
LEAVING SAID EASTERN LINE, NORTH 88030'27" WEST FOR A DISTANCE OF 25.67
FEET TO A POINT ON AN EXISTING 20' UTILITY EASEMENT PER THE PLAT FOR CMN
BUSINESS PARK II, PHASE II, AS RECORDED IN PLAT BOOK 17, PAGE 30 OF
WASHINGTON COUNTY RECORDS, SAID POINT BEING ALSO THE TRUE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED TRACT; THENCE ALONG THE
SOUTHERN LINE OF AN EXISTING 20' UTILITY EASEMENT AS SET FORTH IN
DOCUMENT NUMBER 0023-00000090 OF WASHINGTON COUNTY RECORDS, NORTH
88027'37" WEST FOR A DISTANCE OF 184.97 FEET TO A POINT; THENCE LEAVING
SAID SOUTHERN LINE, NORTH 53057110" WEST FOR A DISTANCE OF 35.26 FEET TO A
POINT ON THE NORTHERN LINE OF SAID EXISTING 20' UTILITY EASEMENT;
THENCE ALONG SAID NORTHERN LINE SOUTH 88030'27" EAST FOR A DISTANCE OF
230.10 FEET TO A POINT ON THE AFOREMENTIONED EXISTING 203 UTILITY
EASEMENT AS PER PLAT BOOK 17, PAGE 30; THENCE LEAVING SAID NORTHERN
LINE, COINCIDENT WITH THE WESTERN LINE OF SAID EXISTING 20' UTILITY
EASEMENT, SOUTH 40018152" WEST FOR A DISTANCE OF 25.67 FEET TO THE POINT
OF BEGINNING AND CONTAINING 4,151 SQUARE FEET OR 0.10 ACRES, MORE OR
LESS.
Washington County, AR
1 certify this instrument was filed on
05/2112004 08:18:34 AM
and recorded in Real Estate
File Number 2004-00019667
Bette Stamps - Circuit Clerk
by
ORDINANCE NO.4560
AN ORDINANCE APPROVING VAC 04-08.00 TO VACATE
AND ABANDON A 20' UTILITY EASEMENT LOCATED
ALONG THE BOUNDARY OF LOTS 17E AND 17F OF THE
CMN BUSINESS PARK 1I, PHASE II AS DEPICTED ON THE
ATTACHED 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 the
following described utility easement, abandoning all of its rights together with the rights of the
public in general:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
legal description attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder
of the County and recorded in the Deed Records of the County.
PASSED
;FAYETTEVILLE•
this 20'h day of April, 2004.
ATTEST: `6iqYGTON„0p`•
By:
S D SMITH, City Clerk
s (d loe C�r�'ec r�
D r.d �f-Slap
�-
�e,.rR,Ictwls
Q�
By:
COODY,
NAME OF FILE: Ordinance No. 4560
wlEx. A
CROSS REFERENCE:
Item # Date Document
1 04/20/04 memo to mayor & city council
2 draft ordinance
3 memo to Planning Commision & City Council
4 04/07/04 Staff Review Form
5 email to Renee Thomas
6 04/22/04 email to Clarice Pearman
7 04/30/04 memo to Dawn Warrick
8 05/04/04 Affidavit of Publication
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
05/21/04 Filed with Wash. Co. Circuit Court
• City Counciteting of April 20, 2004
Agenda Item Number
oe
�56d
CITY COUNCIL AGENDA MEMO Imp. oq-og,dol
To: Mayor and City Council /94fK /
Thru: Tim Conklin, Community Planning and Engineering Services Director �J•
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: April 02, 2004
Subject: Easement Vacation for Lot 17, CMN Business Park II Phase II (VAC 04-08.00)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of an existing
utility easement on the subject property. A 20-foot general utility easement was dedicated
along a proposed lot line between Lots 17E and 17F in Lot 17 of CMN Business Park.
The applicant recorded this easement with an easement plat, then requested an
adjustment, to better facilitate development on the subject lots.
The subject property is located at Lot 17 of CMN Business Park II, Phase II. The utility
easement vacation request results from the applicant's desire to "adjust" a utility
easement to follow the proposed lot line. A 20' general utility easement was dedicated
along the future lot line of lots 17E and 17F with an easement plat for Lot 17, filed on
February 23, 2004 (see attached exhibits). Subsequent to the fiing of this easement plat, a
Final Plat was submitted to the City of Fayetteville for approval of the creation of said
lots, in a different configuration. Though lot lines may be adjusted, utility easements may
not. Thus the applicant requests the vacation of a portion of the utility easement, and
intends to file the Final Plat for Lot 17, once approved by the Planning Commission, to
follow the new alignment of the proposed lot line between lots 17E and 17F.
DISCUSSION
Notification was provided to all utility representatives and adjoining property owners. No
objections were reported regarding this requested easement vacation.
The Planning Commission is scheduled to vote on this item on April 12, 2004, at it's next
regular meeting.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 04-08.00 TO VACATE AND ABANDON
A 20' UTILITY EASEMENT LOCATED ALONG THE BOUNDARY OF LOTS
17E AND 17F OF THE CMN BUSINESS PARK II, PHASE II AS DEPICTED ON
THE ATTACHED 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 the
following described utility easement, abandoning all of its rights together
with the rights of the public in general:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the
legal description attached hereto and labeled Exhibit "A" 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 32004.
ATTEST:
0
Sondra Smith, City Clerk
Dan Coody, Mayor
EXHIBIT "A"
VAC 04-08.00
A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER
(NE1/4) OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING ALSO A PART OF LOT
17 OF THE CMN BUSINESS PARK II, PHASE II AS RECORDED AT DOCUMENT
NUMBER 2002064980 OF WASHINGTON COUNTY RECORDS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER FOR LOT 17 OF SAID CMN BUSINESS
PARK II, PHASE II; THENCE COINCIDENT WITH THE EASTERN LINE OF SAID LOT 17,
SOUTH 1501754" WEST FOR A DISTANCE OF 313.03 FEET TO A POINT; THENCE
CONTINUING ALONG SAID EASTERN LINE, SOUTH 24027154" WEST FOR A DISTANCE
OF 102.43 FEET TO A POINT; THENCE CONTINUING ALONG SAID EASTERN LINE,
SOUTH 40018'52" WEST FOR A DISTANCE OF 97.88 FEET TO A POINT; THENCE
LEAVING SAID EASTERN LINE, NORTH 88030127" WEST FOR A DISTANCE OF 25.67
FEET TO A POINT ON AN EXISTING 20' UTILITY EASEMENT PER THE PLAT FOR CMN
BUSINESS PARK II, PHASE II, AS RECORDED IN PLAT BOOK 17, PAGE 30 OF
WASHINGTON COUNTY RECORDS, SAID POINT BEING ALSO THE TRUE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED TRACT; THENCE ALONG THE
SOUTHERN LINE OF AN EXISTING 20' UTILITY EASEMENT AS SET FORTH IN
DOCUMENT NUMBER 0023-00000090 OF WASHINGTON COUNTY RECORDS, NORTH
88027'37" WEST FOR A DISTANCE OF 184.97 FEET TO A POINT; THENCE LEAVING
SAID SOUTHERN LINE, NORTH 53057'10" WEST FOR A DISTANCE OF 35.26 FEET TO A
POINT ON THE NORTHERN LINE OF SAID EXISTING 20' UTILITY EASEMENT;
THENCE ALONG SAID NORTHERN LINE SOUTH 88030'27" EAST FOR A DISTANCE OF
230.10 FEET TO A POINT ON THE AFOREMENTIONED EXISTING 20' UTILITY
EASEMENT AS PER PLAT BOOK 17, PAGE 30; THENCE LEAVING SAID NORTHERN
LINE, COINCIDENT WITH THE WESTERN LINE OF SAID EXISTING 20' UTILITY
EASEMENT, SOUTH 40018952" WEST FOR A DISTANCE OF 25.67 FEET TO THE POINT
OF BEGINNING AND CONTAINING 4,151 SQUARE FEET OR 0.10 ACRES, MORE OR
LESS.
Petition to relocate easements p•ously conveyed by easement plat aloohe common boundary for
Lot 17E and Lot 17F in the Steele Crossing Subdivision at the cul-de-sac of Van Asche Drive East,
Washington County, City of Fayetteville, Arkansas
TO: The Fayetteville City Planning Commission and The Fayetteville City Council
We, the undersigned, being all the owners of the real estate for said easement, situated on the common
boundary for Lot 17E and Lot 17F, Washington County, City of Fayetteville, Arkansas, a municipal
corporation, petition to relocate the previously dedicated easements as depicted in the attached exhibits.
Exhibit "A" depicts the current easements and Exhibit "B" depicts the proposed adjustment:
(Please see last sheet of this petition for graphical representation of proposed adjustments)
That the abutting real estate affected by said abandonment of the easements are Lot 17E, Lot 17F in the
Steele Crossing Subdivision, Washington County, City of Fayetteville, Arkansas, and that the public interest
and welfare would not be adversely affected by the adjustment of the easements depicted.
The petitioners pray that the City of Fayetteville, Arkansas, allow the requested adjustments to said
easements location for 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 petitioners further pray that the above -described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray 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 in the abutting property owners as provided by law, and as to
that particular land the owners be free from the easements of the public for the use of the said existing
easements on the existing common boundary between Lot 17E and Lot 17F and allow the proposed common
boundary for Lot 17E and Lot 17F to convey the same easements hereto.
Dated this 10th day of March 2004.
Nancttar, Inc. - By: Charlotte Steele, Secretary
Printed name
Signature
MSB Properties, LLC - By: Dfarjorie S. Brooks,
Printed name
REC, t V ED
M,, R 1
Pl'N a .. • _J . ,��a
Van Asche Phase II • •
March 8, 2004
Page 2
Exhibit "A"
c;o \
7 20' unt/rr EASEMENT
I_L3i DEDICATED BY THIS PLAT
Eosemen// C6• _�L24 ------------- -- �ry
W35-6 OOQ0062 -
/ ) L25 ---L26 ---- — 1
/ 7 N883O27"W
313.6T
®Qm� 3UTILITY EASEMENT Pg�yQQPO�
DEDICA TED BY THIS PLAT
�\ 26' SHARED ACCESS
y /� \DEDICATED BY THIS PLAT 50 / tip GP0g0
20' U77LITY EASEMENT
DED/CITED BY
THIS PIA T
50" Building \�
/ Setback Line 4s\ \\
�9
79' cunocn
Exhibit "B"
EASEMENT / /f \ c� \ 26' SHARED ACCESS
'K I/• DEDlCA 7E0 BY THIS PLAT
-E 30 j C11 CIO \\
I
LUTILITY
20' UTY EASEMENT
I — LLJI Lao DED/CA FED BY THIS PLAT
-scope Eosemen))
nCH
L42 L24Ig
/ ) L25 \ \
ne
�,
®�30' UTILITY EASEMENT
.5 /tit 4,Pyy`'eQPG� DED/CA TED BY THIS PLA T { E 1
26' SHARED ACCESS /
PO4- Jgb0Jp0'�
r \ \\\ DED/CA FED BY THIS PLAT 5�S,gyp 0��,�0
\ P
20' UTILITY EASEMENT
DEDICATED BY
THIS PLAT
/ 50 M Bui/ding \ z�s \\ Q
/ Setback Line
17D
STAFF IWIEW FORM - NON -FINANCIAL OPGATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM:
Dawn Warrick Planning
Name Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
l'awz1z1zl
CP&E
Department
VAC 04-08.00: Vacation (CMN II, Phase II, pp 173/174) was submitted by James Koch of CEI Engineering
for property located on Lot 17 of the CMN Business Park Phase II. The property is zoned C-2, Thoroughfare
Commercial. The request is to vacate a 20' utility easement to allow for the easement to be centered upon a
new lot line.
STAFF RECOMMENDATION: Approval.
Department Director
,�� �"6 ,
mc F& Ir rrrnal Services Dir.
Received in Mayor's Office
ate
Date
- 6Z/ Cross Reference
Date /
Previous Ord/Res#:
Date Orig. Contract Date:
Al-7 %'U Orig. Contract Number:
Date
New Item:
Date
Date
Yes No
From: Clarice Pearman
To: Thomas, Renee
Subject: VAC 04-08.00
I need Exhibit B for this ordinance. Thanks.
From: Renee Thomas
To: Pearman, Clarice
Date: 4/22/04 4:49PM
Subject: Re: VAC 04-08.00
We didn't do an Exhibit "B" for this Vacation
Thanks,
Renee
Renee Thomas
City of Fayetteville
Planning Division
113 W. Mountain
Fayetteville, AR 72701
(479) 575-8268
rthomas@ci.fayetteville.ar.us
>>> Clarice Pearman 04/22/04 04:45PM >>>
I need Exhibit B for this ordinance. Thanks.
CC: Warrick, Dawn
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division AnD
From: Clarice Buffalohead-Pearman v
City Clerk Division
Date: April 30, 2004
Re: Ordinance No. 4560
Attached is an executed copy of the above ordinance passed by the City Council, April 20, 20049
approving VAC 04-08.00, vacating and abandoning a utility easement.
This ordinance will
be recorded in the city clerk's office,
microfilmed, published in a
newspaper of
general circulation
and filed at the county courthouse.
If anything else is needed
please let the
clerk's office know.
Attachment(s)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
NORTHWEST ARKANSASWDITION
Aikawas Demomt IV Oazc&
AFFIDAVIT OF PUBLICATION
I, LLI)u uJ� V\ JI V UO,( J,-) do solemnly swear that I am
Legal Clerk of the Arkansas Democrat-Gazette/Northwest • Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
() was inserted in the regular editions on
Po# 0
`* Publication Charge: $
Subscribed and sworn to before me this
day of /filch 2004.
My Commission Expires: ow.zVaoi3
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seal
SEAN-MICHAEL ARGO
Notary Public-Arkanaas
WASHINGTON COUNTY
My Commission Expires 07-25.2013
RECEIVED
MAY 0 5 2004
CITY OF FAYE7EVILL4
CITY CLERK'S CFFICC
212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
ORDINANCE NO. N{SEO
NNANCE APPROVING VAC N-08.00 TO VACATE AND
ON A 20' UTIUTV EASEMENT LOCATED ALONG THE
ARV OF LOTS 17E AND 17F OF THE CMN BUSINESS
loot —
PHASE II AS DEPICTED'. ON THE ATTACHED LEGAL y- !—_.
PRON - `� Fn
W, the City Courlal has ttg ee ty uI A.C.A. '14-54-104 to vacate public 9TovWe or
Thereof WMch ate not requiretl for coWMte purposes, Wd
LASS" City CouncN has clete nhw that the b6owYg dwAtecl ut*ty tItwtrent O m Tequ
orate puposes.
T KNEPORE, SE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF
TEII6LE.'ARKANSAS:
PASSED Ana APPROVED tNs 20th clay of AWN. 2004.
APPROVED:
By:
DAN COODYr Maya
ATTEST:
By:
SONDRA SMRX, CHY Chit
EXHIBIT NAN
VAC 04.W.00
A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHEAST OARTER (NEt/4) OF
SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS. BEING ALSO A PART OF LOT 17 OF THE CMN BUSINESS PARK II, PHASE II
AS RECORDED AT DOCUMENT NUMBER 2002064980 OF WASHINGTON COUNTY RECORDS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER FOR LOT 17 OF SAID CMN BUSINESS PARK II,
PHASE II; THENCE COINCIDENT WITH THE EASTERN LINE OF SAID LOT 17, SOUTH 151
WEST FOR A DISTANCE OF 313.03 FEET TO A POINT: THENCE CONTINUING ALONG SAID
EASTERN UNE, SOUTH 24°27'54' WEST FORA DISTANCE OF 102.43 FEET TO A POINT THENCE
CONTINUING ALONG SAID EASTERN UNE, SOUTH 40P18'52m WEST FOR A DISTANCE OF 97.88
FEET TO A POINT; THENCE LEAVING SAID EASTERN UNE, NORTH 88030'27- WEST FOR A
DISTANCE OF 25.67 FEET TO A POINT ON AN EXISTING 20' UTIUTY EASEMENT PER THE PLAT FOR
CMN BUSINESS PARK I, PHASE L AS RECORDED IN PAT BOOK 17, PAGE 30 OF WASHINGTON
COUNTY RECORDS, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED TRACT; THENCE ALONG THE SOUTHERN LINE OF AN EXISTING 20'
U ?UTY EASEMENT AS SET FORTH IN DOCUMENT NUMBER 0023AM00090 OF WASHINGTON
TXXINTV RECORDS. NORTH MN27'37- WEST FOR A DISTANCE OF 184.97 FEET TO A POINT:
POINT ON THE NORTHERN LINE OF
NORTHERN LINE SOUTH 88.3W27'
AFOREMENTIONED EXISTING 20' 1