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HomeMy WebLinkAboutOrdinance 4572ORDINANCE NO. 4572 AN ORDINANCE APPROVING VAC 04-05.00 TO VACATE AND ABANDON A 10' UTILITY EASEMENT LOCATED ALONG THE BOUNDARY OF 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 41h day of May, 2004. ;FAYETTEVILLE: ATTEST: `01;1 RiT01A Zo%' a4auuuu By: SONBSMITH, City Clerk By: COODY, Mayor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIDoc ID: IIIIIIIIIIIIIIIIIIIIIIIIIII Recorded: 05/21/20T08 004at:25:29 AM Fee Amt: $11.00 Pace 1 of 2 4aehlnaton Countv. AR Bette StamoS Circuit Clerk FS1e2004-00019675 171 EXHIBIT "A" VAC 04-05,00 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 89059726"EAST-301.25 FEET; THENCE SOUTH 00°00'51" WEST - 118.20 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°00'51" WEST-198.58 FEET; THENCE NORTH 89°59'10" WEST-10.00 FEET; THENCE NORTH 00000'51" EAST-198.58 FEET; THENCE SOUTH 89°59'09" EAST-10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS. 0 Washington County, AR I certify this instrument was filed on 05/21/2004 08:25:29 AM and recorded in Real Estate File Number 2004-00019675 Bette Stamps - Circuit Clerk by NAME OF FILE: Ordinance No. 4572 wlEx. A CROSS REFERENCE: Item # Date Document 1 04/15/04 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 g copy of One Mile View 7 petition form 8 04/20/04 Staff Review Form 9 05/12/04 memo to Dawn Warrick 10 05/13/04 Affidavit of Publicatin I NOTES: 05/21/04 filed w/Wash. Co. Circuit Clerk • City Councoi sleeting of May 04, 2004 Agenda Item Number 6Pb fr/411a 4 CITY COUNCIL AGENDA MEMO �'��CD yam-, 01C fox y To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator}' Date: April 15, 2004 Subject: Utility Easement Vacation for Clary Development/Harps (VAC 04-05.00) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of an existing, platted utility easement located along the east property line of the subject property. The subject easement lies between lots 8 and 3RB of Wedington Place Subdivision Ph. II located north of Wedington Drive, east of Colorado Drive. The applicant proposes to vacate a 10' wide, 198.58' long portion along the east property line of lot 8, resulting in the vacation of approximately 0.05 acres. Lots 8 and 3RB are vacant with no existing utilities within this easement. The Planning Commission approved the development of a Harps grocery store on lot 8 of Wedington Place Subdivision. The building site was approved to be adjacent to the east property line with the condition that a 0' rear setback and the vacation of the 20' utility easement to allow the building to be built on the east lot line and provide for future development adjacent to Harps. The Board of Adjustment voted 7-0-0 to approve a 0' rear setback for the subject property on April 5, 2004. 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. ORDINANCE NO. AN ORDINANCE APPROVING VAC 04-05.00 TO VACATE AND ABANDON A 103 UTILITY EASEMENT LOCATED ALONG THE BOUNDARY OF LOT 8 OF THE WEDINGTON PLACE ADDITION PHASE 11 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 2004. ATTEST: so Sondra Smith, City Clerk APPROVED: :A Dan Coody, Mayor EXHIBIT "A" VAC 04-05,00 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 89059'26"EAST-301.25 FEET; THENCE SOUTH 00°00'51" WEST - 118.20 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°00'51" WEST-198.58 FEET; THENCE NORTH 89°59'10" WEST-10.00 FEET; THENCE NORTH 00000'51" EAST-198.58 FEET; THENCE SOUTH 89°59'09" EAST-10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS. F FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of April 12, 2004 113 W. Mountain S6 Fayetteville, AR 72701 Telephone: 501-575A264 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 04-05.00: 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 portion of a 20' utility easement. Planner: Suzanne Morgan Findings: See the attached maps and legal descriptions for the exact locations of the requested drainage easement vacation. Background: The utility easement vacation request results from the approved large scale development for the Harp's grocery store. The proposed building for the Harp's development will be located over the existing utility easement. The proposal for this development is to vacate the portion of utility easement that will be affected by the construction of the building. 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 No Objections AEP/SWEPCO No Objections Arkansas Western Gas No Objections SW Bell No Objections Cox Communications No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Recommendation: Approval of the proposed utility easement vacation 04-05.00 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: yes Required Approved Denied Date: April 12, 2004 CITY COUNCIL ACTION: ves Required Approved Denied Date: v n PETITION PETITION TO VACATE A 10' QTILITY EASEMENT LOCATED IN LOT 8 OF WEDINGTON PLACE ADDITION, EAST OF COLORADO DR AND NORTH OF HWY 16 IN FAYETTEVH,LE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the 10' utility easement hereinafter sought to be abandoned and vacated, lying Lot 8 of Wedngton Place Addition, East of Colorado Dr. and North of Hwy 16 in Fayetteville, Arkansas, a municipal corporation, petition to vacate an utility easement which is described as follows: LEGAL DESCRIPTION - EASEMENT: Commencing at the Northwest comer of Lot 8, Wedngton Place Addition Phase 11, 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 89°59'26" East - 301.25 feet; thence South 00°OU51" West - 118.20 feet to the POINT OF BEGINNING; thence South 00°00'51" West - 198.58 feet; thence North 89059110" West- 10.00 feet; thence North 00000'5 1" Bast - 198.58 feet; thence South 89059'09" East - 10.00 feet to the POINT OF BEGINNING, containing 0.05 acres, more or less. That the abutting real estate affected by said abandonment of the utility easement is Lot 8 of Wedington Place Addition, East of Colorado Dr. and North of Hwy 16 in Fayetteville, Arkansas„ a certified copy of the original plat located in the Circuit Clerk's Office for the County of Washington State of Arkansas, is attached hereto, marked Exhibit A, and made a part hereof as though set out herein word for word. Petitioners state that the above described real estate has not been used by the Utility Company 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 petitioners pray 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 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 free from the easements of the public for the owners as provided by law, and as to that particular land the owners be Owners of said drainage easement. Dated this day of 20 printed name signature printed name signature STAFF IWIEW FORM - NON -FINANCIAL OPGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick Planning Name Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: May 4, 2004 CP&E Department VAC 04-05.00: 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 10' of an existing utility easement located on Lot 8 of the Wedington Place Addition Phase II. STAFF RECOMMENDATION: Approval. Received in Mayor's Office A oq Date I (� `-iir6<Dy Date Department Director Date Z d� Finance & Internal Services Dir. Date Chi Administrative Officer Date Mayor Itt= Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yes No FAYETTEVILE THE CITY OF FAYETTEVIIEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division p\p From: Clarice Buffalohead-Pearman v City Clerk Division Date: May 12, 2004 Re: Ordinance No. 4572 Attached is an executed copy of the above ordinance passed by the City Council, May 4, 2004, vacating and abandoning a utility easement located along the boundary of Lot 8 in Wedington Place Addition Phase II. This ordinance will be recorded in the city clerk's office and microfilmed. 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 Aikansas amomt V05azcW AFFIDAVIT OF PUBLICATION I, A4 y=LMZ 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: 44? was inserted in the regular editions on PO# UY " 1409 * Publication Charge: $ � . 6,41 Subscribed and sworn to before me this day of mil , 2004. My Commission Expires: 07IaVdyj ** Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas WASHINGTor COUNTY My Commission Expires 07-25-2013 RECEIVED MAY 14 2004 CITY OF FA'CITY CLERK'S OFFICES 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 s +I ONDIKMCN NO.. 4672 RDINANC6APPROVING VAC D4-05.00 TO VACATE AND D AR A L T 8 OF EASE 11 Y OF LOT a OF THEE ATTACHEDEDINGTON PUKE ADLEGALE II AS DEPICTED ON THE ATTACHED MAP AND LEGALGyp k7o"o wRIPTION,. M4i fM�������"na� �i �•�fl h'eCjty �ia nnoot required for corPmter Ne�ses 1� -104 toyarale pubGC 9 A� °tpIIAs, Us Dry Council has deterrnrad that the fdbwbg desalbed tAllty a86001 as not requ'ked orporate Purposes. .. , THEREFOIIN, M ITOFOAIMNO.OTTNN CTTV COUNCIL OF TNN CITY OF ITTIYNiN, ANNAN6Afr tion 1:Thot the Cry Of Fayalte IO'Arkansas hereby v�atw and aband" Me 1dbw4ng described y easement, abandoning dI of Its hgns to9elner `Mth the dgtus d the Wdb N Barters: . E#tldt,K ansdned hereto and made a part hereofytion 2: That a copy 9f tiffs Ordssnca duty ced�fiedh'1V1,CINas* along wlth rbe legal descdpGa+ ched hereto end labeled EMedtA,shalbefiledInftoffice ofthe Recorder of Ina County andrdad in ale Deed Remade of the County., pASM MW AppROVED this 4th day of May. 2004. - APPROVED: BY: 'DAN COO=,, M"w ATTEST: WNDN► lMR11, CNT CIwA DMIRIT'A' VAC D4-05.00 COMMENCING AT THE NORTHWEST CORNER OF LOT 8, WEDINGTON PLACE ADDITION PHASE II, CrTY OF FAYETfEV1IL E, ARKANSAS, AS PER PLAT BOOK 16 AT PAGE 300E THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-0FFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS THENCE SOUTH 89 5926-EST301.25 FEET�THENCE SOUTH 00'OT51' WEST - 11820,FEETiTO�T Fi°POINR'OF�$�(''IfS,N,If�(i THENCE SOUTHj00°0051'vwEST-I98.59.iEET: THENCE top 8958ID* WFSi.1000 FEETI THE14CE NORTH°00°00'S1'. EAST-t9858 FEET f89°5909"EASlS116 tT O04,E' ROIN,TOFBEGINNING CONTAINING10.05 � OFfiE-OQ,I.ESR a dui 1 t