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Home My WebLink AboutOrdinance 4571dL ORDINANCE NO. 4571 AN ORDINANCE APPROVING VAC 04-04.00 TO VACATE AND ABANDON A 35' DRAINAGE EASEMENT LOCATED ON LOT 8 OF THE WEDINGTON PLACE ADDITION PHASE II 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 drainage 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 drainage 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 4 h day of May, 2004. ATTEST: By: FAYETTEVILLE• SMITH, City Clerk I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc Ide 05/21/560002 TVDe: REL Recorded: 05/21/2004 at 08:25:09 AM Fee Amt: $11.00 Pace 1 of 2 Maehinoton County. AR Fi1e2004-010019674 EXHIBIT "A" VAC 04-04.00 COMMENCING AT THE NORTHWEST CORNER OF LOT 8, WEDINGTON PLACE ADDITION PHASE H, CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT BOOK 16 AT PAGE 30 OF THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE SOUTH 00008738" WEST-120.02 FEET; THENCE SOUTH 89058938" EAST-25.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°58'38" EAST-35.00 FEET; THENCE SOUTH 00°08'38" WEST-175.08 FEET; THENCE NORTH 89059'26" WEST-35.00 FEET; THENCE NORTH 00°04'52" EAST-174.76 FEET TO THE POINT OF ENDING, AND CONTAINING 6144.81 SQ.FT. OR 0.14 ACRES, MORE OR LESS. .6 0 Washington County, AR filed on I certify this instrument was ter t 12004 08:25:09 AM and recorded in Real Estate rite Numbers0Cio00luit erk 674 Bette Stamp by I NAME OF FILE: Ordinance No. 4571 wlEx. A CROSS REFERENCE: Item # Date Document 1 04/14/04 memo to mayor & city council 2 draft ordinance 3 03/29/04 memo to Planning Commission 4 copy of map 5 copy of Close Up View 5 copy of One Mile View 7 03/05/04 copy of petitiion g 04/20/04 Staff Review Form 9 05/13/04 Affidavit of Publication 10 11 12 13 NOTES: I 105/21/04 Ifiled wMash. Co. Circuit Clerk I I To: Mayor and City Council 5H /oz/ City Councoeeting of May 04, 2004 Y5w Agenda Item Number Omel-o xlUar y 'O.5 Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Iry Date: April 14, 2004 Subject: Drainage Easement Vacation for Clary Development/Harps (VAC 04-04.00) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a 35' platted drainage easement located in the northwest portion of the subject property. BACKGROUND The subject easement lies on the northwest portion of lot 8 of Wedington Place Subdivision Ph. II located north of Wedington Drive, east of Colorado Drive. A 35' drainage easement was platted with the final plat of the subdivision and is currently utilized for drainage purposes. The applicant proposes to vacate the designated portion of the 35' easement containing approximately 0.14 acres. A new 20' drainage easement shall be dedicated prior to building permit approval. The Planning Commission approved the development of a Harps grocery store on lot 8 of Wedington Place Subdivision. The large scale development was approved with a condition that the 35' drainage easement shall be vacated. DISCUSSION Notification was provided to all utility representatives and adjoining property owners. No objections were reported regarding this requested easement vacation. The Planning Commission voted in favor of this item on its Consent Agenda at the regular meeting of April 12, 2004. BUDGETIMPACT None. I ORDINANCE NO. AN ORDINANCE APPROVING VAC 04-04.00 TO VACATE AND ABANDON A 35' DRAINAGE EASEMENT LOCATED ON LOT 8 OF THE WEDINGTON PLACE ADDITION PHASE II 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 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 12004. APPROVED: By ATTEST: By Sondra Smith, City Clerk Dan Coody, Mayor 171 EXHIBIT "A" VAC 04-04,00 COMMENCING AT THE NORTHWEST CORNER OF LOT 8, WEDINGTON PLACE ADDITION PHASE II, CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT BOOK 16 AT PAGE 30 OF THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE SOUTH 00008138" WEST-120.02 FEET; THENCE SOUTH 89°58'38" EAST-25.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°58'38" EAST-35.00 FEET; THENCE SOUTH 00°08'38" WEST-175.08 FEET; THENCE NORTH 89059'26" WEST-35.00 FEET; THENCE NORTH 00°04'52" EAST-174.76 FEET TO THE POINT OF ENDING, AND CONTAINING 6144.81 SQ.FT. OR 0.14 ACRES, MORE OR LESS. L FAYETTEVILLE TFIE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of April 12, 2004 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8264 TO: Fayetteville Planning Commission Members THRU: Dawn Warrick, AICP. Zoning & Development Administrator FROM: Suzanne Morgan, Associate Planner Matt Casey P.E. Staff Engineer DATE: March 29, 2004 VAC 04-04.00: Vacation (Clary/Harps, pp 401) was submitted by Brian Moore of Engineering Services, Inc. on behalf of Clary Development for property located east of Colorado Drive and north of Wedington Drive. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 4.61 acres. The request is to vacate a 35' drainage easement. Planner: Suzanne Morgan Findings: See the attached maps and legal descriptions for the exact locations of the requested drainage easement vacation. Background: The drainage easement vacation request results from the approved large scale development for the Harp's grocery store. The store will also have gas station facilities located on the west side of the proposed building. There is an existing drainage swale that was constructed as part of the Wedington Place Addition in the location of the proposed gas pump islands. At that time, a 35' drainage easement was dedicated for this ditch. The proposal for this development is to vacate this drainage easement, dedicate a new drainage easement on the project's easement plat, fill in the ditch and install underground storm drains in the new easement that will carry the flow north to the detention pond. 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: UTILITIES Ozarks Electric N/A AEP/S WEPCO N/A Arkansas Western Gas N/A SW Bell N/A Cox Communications N/A CITY OF FAYETTEVILLE: Water/Sewer N/A Transportation No Objections Solid Waste N/A Engineering No Objections Recommendation: Approval of the proposed drainage easement vacation 04-04.00 subject to the following condition: Conditions of Approval: 1. The easement plat for the large scale development must be filed prior to City Council consideration of this request. PLANNING COMMISSION ACTION: ves Required Approved Denied Date: April 12, 2004 CITY COUNCIL ACTION: yes Required Approved Denied Date: Fayetteville, AR 72701 765-17645-000 ZONING RMF A Blandon Sullivan 905 SW Arrowhead Bentonville, AR 72712 TELE PAD. 765-17646-000 ZONING RMF-24 EXISTING 6' SIDEWALK - Gary Arlan and Kristin Page Dandy 5510 Bryant Place Springdale, AR 72064 765-18586-000 ZONING C-2 2-4" i UTILITY DUCTS I MODIFIED CURB AND GUTTER 3 i POWER POLE 1 4' SEWER 1 At I �- 1?d 19.OD' 2 --I►--+ I ., ttQ.oO'F RO?OSEq W 1 1:r:, t:{ METER o� I ,� I I l i N: :• :N I. 12611, EXISTING 6' SIDEWALK Grail L. Campbell, 7TEE EXISTING w GRATED {( QB P.O. Box 9741 DROP n.l : ^_ l o INLET7 Fayetteville, AR 72702 I INLET . k' Fr-ll'- - I 765-18587-000 �i_ 45IL pXC O ...:�' n zrtw' .{— rL ZONING C-2 BENCHMARK "A" 00 252}00 Al 00 .411 r 1 251.25!! O I, • 5 w: GRATED Q r 1 52.1i r1_ INLET 12 1.93 it o i r " rr 12 C 11 ' Ii r' 1251.93 POWER POLE Rapp. -1247 1� 30" RCP PROPOSED 1, TATTOPL EXISTNG FIRE HYDRANT 27.50' 11 R> di (STATIC PRESSURE = 139 PSI) �t2O9.OD " rr _r VAC04-04.00 CLARYMARPS Close Up mew - .__-- �I I � I blvv I s} i i k y I TIMBERLINE nR \ I I I l-- I i l' �\ !! old RMF-24 I Overview _--.._. SUBJECT PROPERTY Legend CP0000 m0008D YDI� eeeeeP&XIPlNblal—ROODWAY Maer Seen Plan 100YEAR M=WSeedMm Cdbtlp - -%*Y Ft WIE2e35 0000 IiSMic CNenar —_—. 4MIT OF STUDY l _I Gyllmi¢ _ _ _ DavliO ph =°i""°"Y ME VAC04-04.00 0 75 150 300 450 600 Feet C-2 3- 5-04: 9:14AM:LInGSeY and ASSOC. :479 527 8835 0 4/ 8 03/05/2004 10:03 14794 �97 MARVINS FAY OFFI(A PAGE 03 Ucf Av.wuv u�.co Mr.1144o ULAHN UtVLLOPMEN.PAGE 06 Feb-18-04 OB:l0o0 7-838 P.07/07 F•I98 PETITION TO VACAT$ f5 t LOCATED IN LOT 6 OS WFWA 0rmMq PLACE ADDITION, EAST OF C AND ROM OF 8W V 16IN FAYET rgVE LB, ARKAN9AS LEGAL DESC&IFgON - EASPI-NT: Plum a .:Cmuty,AlknagKlbal"Sao&1 ,: u ill • 08,, u it .�1.. ,. nh J U 1 u. 1No lefol Mil FR. Ionia i / 1 STAFF MEW FORM - NON -FINANCIAL OOGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: May 4, 2004 FROM: Dawn Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: 301 Department VAC 04-04.00: Vacation (Clary Development/Harps, pp 401) was submitted by Brian Moore of ESI on behalf of Clary Development for property located east of Colorado Drive and north of Wedington Drive. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate a 35' drainage easement located on Lot 8 of the Wedington Place Addition Phase II. STAFF RECOMMENDATION: Approval. Received in Mayor's Office 6 �,,,/ Date Y4i YllG,16 Date Cross Reference: Department Director Date Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: Orig. Contract Number: Chie dministrative Officer Date New Item: Mayor Date Yes No EST ARKANSAS#DITION AAQmas Democrat I1`' (f)azette AFFIDAVIT OF PUBLICATION '�/ do solemnly swear that I am Leg I 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: 15 #4J/1/ was inserted in the regular editions on PO#{, ** Publication Charge: $ Z49 / &q Subscribed and sworn to before me this 13 Notary Public day of /ua y , 2004. My Commission Expires: 22A. I_/a0(/� " Please do not pay from Affidavit. An invoice will be sent. RErFIV ED Official seal MAY 1 2004 SEAN-MICHAEL ARGO Notary Public -Arkansas CITY OF FAYETTEVILLE WASHINGTON COUNTY CITY CLERK'S OFFICE My Commission Expires 07.25.2013 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 - (501) 442-1700 ORMHANCE AN ORDINANCE APPROVING VAC 04-04.00 TO EDO N AND A13OF THE N A G DRNNAGE DDMONNf LOCATED DE LOTD OF THE ATfACGTON PLACE ADDITION PHASE II O DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, Ire City Carol has 9re aulhorllY Infer A.C.A. §14- c of fty : 5 -10410 vacate pVC*c 9roaiGs a pDni" Thereof wrkh ere ml - THIFWO� r ORDADCED EY THE CRY COMICLL HE Or TCRT me MORE OR LESS. EXHIBIT'A' VAC 04-04.00'