Loading...
HomeMy WebLinkAboutOrdinance 4669 ORDINANCE NO, 4669 AN ORDINANCE APPROVING VAC 04- 1324 SUBMITTED BY ENGINEERING SERVICES, INC. FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEDINGTON DRIVE WEST OF SALEM ROAD AS DESCRIBED 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 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 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 : At the cost of the developer, the overhead electric lines and Cox Communications lines shall be relocated underground. The existing utilities shall remain in service until the relocation is complete. Section 3 : That a copy of this Ordinance duly certified by the City Clerk along with the map 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 and APPROVED this 4`h day of January, 2005. APPROV Y •��''sGP'• =U • : FAYETTEVILLE : = By: �z•, c, DAN COODY, ay r ATTEST- By: SONDRA SMITH, TTEST:By: SONDRASMITH, City ClerkDoc IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIII Recorded : 02/01/2005 3 tT02 : 14:58 PM Fee Amt : 814 . 00 Paae 1 of 3 Waehlnaton County . AR Bette Btamoa circuit Clerk F11e2005-00004796 EXHIBIT "A" VAC 04-1324 A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE FRACTIONAL NORTHWEST QUARTER (NW 1/4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF THE SW 1 /4, FR NW 1 /4, OF SECTION SEVEN (7), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; THENCE WEST-496.05 FEET; THENCE SOUTH 00°08' 38" WEST-646.42 FEET; THENCE SOUTH -287.23 FEET; THENCE NORTH 89°48'47" WEST-684.63 FEET; THENCE NORTH 05056'48" WEST - 15 .09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89048'47" WEST - 19.82 FEET; THENCE NORTH 00°08 '38" EAST- 128.81 FEET; THENCE SOUTH 89051922" EAST-5.41 FEET; THENCE SOUTH 06° 14' 06" EAST- 129.63 FEET TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES, MORE OR LESS. VACSALEM TOWNHOUSES iew llfflw Close, UpUp V.,w j l -, j all 7 G - RMF2d_._ P ...� SF•1 _ � ��I I ��� Q �\ I / ®I R-A • SUBJECT PROPERTY � R•O �. I I i RI ct � I -�1 w ® R.A f I Overview LI m00%W'ssMY 04YY mPM1CIDN McAeI — ROODWAY — '.flOYEAR �,� Yabt Sbwt Pbn mMMttArMel IDD YEAR UMR OF Y " rs Ss Masbr 9peMRM cdb — _ . enaUne PmEb a='`s•,-sv. � + . . '- Fr &offiwassK+Y base wt«k taYctor VAC04-1324 s O Fayetteville •- � 0 75 150 300 450 8001 I 1 Feet 14 � 1 {- t Washington County, AR 1 certify this Instrument was filed on 02/01 /2005 02: 14:58 PM and recorded in Real Estate File Number 2005-00004796 Bette Stamps - Circuit by . &2 F City Council Meet of January 05, 2005 6 ;a R, Agenda Item Number �C � y X302 CITY COUNCIL AGENDA MEMO c�� r To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Interim Zoning and Development Administrator + Date: December 15, 2004 Subject: Easement Vacation for Elder/Salem Condos (VAC 04- 1324) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of an existing utility easement, as described and depicted herein. BACKGROUND The applicant has secured approval from the Planning Commission to construct a 58-unit multi-family condominium development located on 4.77 acres west of Salem Road, north of Highway 16 (Wedington Drive). One of the proposed buildings is to be located within an existing 20-foot utility easement, currently utilized by Ozarks Electric and Cox Communications. These overhead utilities are required to be relocated underground, and will be in a different location. A condition of approval of the Large Scale Development, approved by a vote of 8-0 by the Planning Commission, states that the subject easement shall be formally vacated, with overhead lines to be relocated underground. The request is to comply with this condition of approval. Request: The applicant requests to vacate a portion of an existing utility easement to allow for construction of a residential structure, as described and depicted in the attached documents. DISCUSSION Notification was provided to all utility representatives and adjoining property owners. No objections were submitted. Conditions as requested and pertinent to the subject request are included as a condition of approval. The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval of the vacation request at the regular meeting of December 13, 2004. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 04- 1324 SUBMITTED BY ENGINEERING SERVICES, INC. FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEDENIGTON DRIVE WEST OF SALEM ROAD AS DESCRIBED 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 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 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. At the cost of the developer, the overhead electric lines and Cox Communications lines shall be relocated underground. The existing utilities shall remain in service until the relocation is complete. Section 3. That a copy of this Ordinance duly certified by the City Clerk along with the map 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 AND APPROVED this day of 52004. APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE FRACTIONAL NORTHWEST QUARTER (NW %4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF THE SW 1 /4, FR NW '/<, OF SECTION SEVEN (7), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST; THENCE WEST-496.05 FEET; THENCE SOUTH 00°08' 38" WEST-646.42 FEET; THENCE SOUTH -287.23 FEET; THENCE NORTH 89048347" WEST-684.63 FEET; THENCE NORTH 05056'48" WEST - 15 .09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°48'47" WEST - 19.82 FEET; THENCE NORTH 00°08 '38" EAST- 128.81 FEET; THENCE SOUTH 89°51 '22" EAST-5 .41 FEET; THENCE SOUTH 06° 14'06" EAST- 129.63 FEET TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES, MORE OR LESS. s Taye evI 1e PC Meeting of December 13 , 2004 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Senior Planner Brent O'Neal, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: December 08, 2004 VAC 04-1324: Vacation (Elder/Salem Townhouses, pp 401) was submitted by C&K Properties for property located on the north side of Highway 16 and the west side of Salem Road. The property is zoned R-O, RESIDENTIAL OFFICE, and contains approximately 4.77 acres. The request is to vacate a portion of a utility easement on the subject property for the construction of a residential structure. Findings: Vacating the portion of the utility easement would not adversely affect access to the remainder of the easement. Background: In August of 2004, the Planning Commission granted approval of a Large Scale Development (LSD 04- 1149) for the subject property, consisting of a condominium-style development with 58 two-bedroom units. One of the buildings in the southwest corner is proposed to be situated within an existing 20' utility easement. This 20' utility easement is currently utilized by Ozarks Electric and Cox Communications and contains overhead power and television cable. A condition of approval of the Large Scale Development, approved by a vote of 8-0 by the Planning Commission, states that the subject easement shall be formally vacated, with overhead lines to be relocated underground. The subject request is to comply with this condition of approval. Request: The applicant requests to vacate a portion of an existing utility easement to allow for. construction of a residential structure. 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 Existing service will remain until such time services are relocated. Cox Communications Same as above. KA Reports\2004\PC Reports\12-13-04\VAC 04-1324 (Elder-Salem Townhouses).doc AEP/SWEPCO No Objections Arkansas Western Gas No Objections SW Bell No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer 'Developer shall extend the water main north to create a looped system. Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: The applicant has submitted the required notification forms to the adjacent property owners. One adjacent property owner has requested additional information regarding the relocation, especially with regard to the existing trees and how the utilities will be rerouted. No other adjacent property owners have responded with concerns. Water/Sewer Response: The requested vacation does not affect water and sewer lines, easements, or operations. The requested condition for looping the system is appropriate at the time of Large Scale Development review / development review, and has no bearing on the subject request. Recommendation: Staff recommends approval of the proposed utility easement vacation 04- 1324 with the following conditions: 1 . At the cost of the developer, the overhead electric lines and Cox Communications lines shall be relocated underground. The existing utilities shall remain in service until their relocation is complete. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: - Cone } 80-0 December 13, 2004 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. KAReports\2004\PC Reports\12-13-04\VAC 04-1324 (Elder-Salem Townhouses).dm By Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: KARcponsU004\PC Repons\12-13-04\VAC 04-1324 (Elder-Salcm Townhouses).doc Engteering Services, Inc 1207 S. Old Missouri Rd. P. O. Box 282 Springdale, Arkansas 72765-0282 Phone: 479-751 -8733 Fax: 479-751 -8746 October 29, 2004 Adjacent property owners RE: Elder Condominiums L.S.D. Fayetteville, AR To Whom It May Concern: Attached are easement vacation documents concerning the Elder Salem Road Condominiums. I have also attached a drawing showing the location of the proposed easement vacation. The developer is relocating the overhead power line on the west side of the subject property to underground directly west of the proposed apartment units. If you have further questions or concerns please let me know. Sincerely, Jason Appel, E.I. Project Engineer Consulting Engineers and Surveyors Jerry W. Martin, P.E. E. Walt LeFevre, RE: Philip C Flumbard, RE, RLS. Brian J. Moore, P.E. President senior Vice President Vice President Secretary / Treasurer 0 UTILITY APPROVAL FORM • FOR RIGIIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: REQUESTED VACATION: ❑ Street M Utility Easement ❑ Street and all the utility easements located within the vacated street ❑ Right of way for alley or street ❑ Right -of way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Alley and all utility easements located within the vacated alley. I have been notified of the petition to vacate the following_ described as follows: (please see list above) LEGAL DESCRIPTION - EASEMENT: A part of the Southwest Quarter (SW 1/4) of the Fractional Northwest Quarter (NW 1/4) of Section Seven (7), Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the NE Comer of the SW 1/4, FR NW I/4, of Section Seven (7), Township Sixteen (16) North, Range Thirty (30) West; thence West - 496.05 feet; thence South 00°08'38" West - 646.42 feet; thence South - 287.23 feet; thence North 89048'47" West - 684.63 feet; thence North 05056'48" West - 15.09 feet to the POINT OF BEGINNING; thence North 8904847" West - 19.82 feet; thence North 00°08'38" East— 128.81 feet; thence South 89°51 '22" East - 5.41 feet; thence South 06014'06" East - 129.63 feet to the POINT OF BEGINNING, containing or 0.04 acres, more or less. UTILITY COMPANY COMMENTS: ❑ No objections to the vacations described above. ❑ No objections to the vacations described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature of Utility Company Representative Title