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'•
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: FAYETTEVILLE : = By:
�z•, c, DAN COODY, ay r
ATTEST-
By:
SONDRA SMITH,
TTEST:By: SONDRASMITH, City ClerkDoc
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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
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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
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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