HomeMy WebLinkAboutOrdinance 4706 ORDINANCE NO. 4706
AN ORDINANCE APPROVING VAC 05- 1456 SUBMITTED BY
MANDY BUNCH FOR PROPERTY LOCATED AT 580 WEST
MEADOW VACATING TWO SEWER EASEMENTS AS
INDICATED 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 platted utility
easements are 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 easements:
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
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.
Section 3 : That all affected public mains shall be re-routed and accepted by the City of
Fayetteville in accordance with adopted ordinances.
PASSED and APPROVED this 17th day of May, 2005.
FR E9S'% APPROVED
Y •OF.G.p
• 1a ?
; FAYmEVILLE : ? By:
DAN COODY, Mayor
%9sy�RKANSP�J�,
ATTEST: GTON `
unuuua
By:
S NDRA SMITH, City ClerkDoc 1Q@ 008612800004 TVQ9 : REL
IIII
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIII
Recorded : 06/20/2005 at 02 . 38 . 38 PM
Fee Amt : $17 . 00 Paae 1 of 4
Mashlnaton County . AR
Bette stamps Olroult clerk
F11e2005-00026495
EXHIBIT "A"
VAC 05-1456
SUR VEYDESCRIPTION (SEWER EASEMENT VACATION "A ")
A PART OF THE SOUTHEAST QUARTER (SE1 /4) OF THE NORTHWEST QUARTER (NW 1 /4)
OF SECTION SIXTEEN (16), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
WASHINGTON COUNTY, ARKANSAS, AND A PART OF THE VACATED PORTION OF GREGG
AVENUE AS PER CITY ORDINANCE # 1070, RECORDED IN DEED BOOK 465 AT PAGE 275, ALL
IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK
EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS
DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS;
THENCE N87008' 11 "W 83 .92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO
AN EXISTING 1 /2" IRON REBAR; THENCE NO2152'55"E 60.45 FEET; THENCE N87106'39"W
77.68 FEET; THENCE N28°00'31 "W 37. 15 FEET; THENCE N70°40'52"W 13 .42 FEET; THENCE
N87013 '02"W 60.65 FEET; THENCE S85°34' 50"W 25.43 FEET; THENCE S68°44'55"W 49.99
FEET; THENCE S27°56'29"W 55.25 FEET; THENCE S35° 16'03"W 29.94 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE
ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS AND DISTANCES:
S28041 '28"W 53.40 FEET; S28041 '2814 64.27 FEET;
S27040'29"W 74.92 FEET; S25037'227'W 82.43 FEET;
S22049'06"W 78.66 FEET; S19028'33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87°45'31 "E 151 .62 FEET TO AN
EXISTING IRON FOR THE TRUE POINT OF BEGINNING; THENCE
N87045 '31 "W 2.33 FEET TO A POINT WHICH IS TEN ( 10) FEET SOUTHWEST OF AND
PERPENDICULAR TO AN EXISTING SEWER LINE; THENCE N38045 ' 54"W PARALLELL
WITH SAID SEWER LINE 126.39 FEET; THENCE N24001 '58"E 22.49 FEET TO A POINT
WHICH IS TEN ( 10) FEET NORTHEAST OF AND PERPENDICULAR TO SAID EXISTING
SEWER LINE; THENCE S38045 ' 54"E PARALLEL WITH SAID SEWER LINE 118.81 FEET;
THENCE S07007'41 "W 11 .68 FEET TO A CHISELED "X" IN CONCRETE; THENCE
S02026'02"W 14.96 FEET TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE
OR LESS.
SURVEY DESCRIPTION (SEWER EASEMENT VACATION `B")
A PART OF BLOCK EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, A PART OF THE VACATED PORTION OF SPRING STREET AS PER CITY
ORDINANCE # 1513, RECORDED IN DEED BOOK 689 AT PAGE 242, AND A PART OF THE
VACATED PORTION OF GREGG AVENUE AS PER CITY ORDINANCE # 1070, RECORDED IN
DEED BOOK 465 AT PAGE 275, ALL IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE
N87008' 11 "W 83.92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO AN
EXISTING 1/2" IRON REBAR; THENCE NO2°52'55"E 60.45 FEET; THENCE N87°06'39"W 77.68
FEET; THENCE N28°00'31 "W 37. 15 FEET; THENCE N70040' 52"W 13 .42 FEET; THENCE
N87013 '0259W 60.65 FEET; THENCE S85°34'50"W 25.43 FEET; THENCE S68°44'55"W 49.99
FEET; THENCE S27°56'29"W 55.25 FEET; THENCE S35° 16'03"W 29.94 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE
ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS AND DISTANCES :
S28041 '28"W 53.40 FEET; S28041128"W 64.27 FEET;
S27040'29"W 74.92 FEET; S25037122"W 82.43 FEET;
S22049'06"W 78.66 FEET; S19028'33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87°45 '31 "E 151 .62 FEET TO AN
EXISTING IRON; THENCE NO2°26'02"E 14.96 FEET; THENCE S87119' 52"E 21 .00 FEET;
THENCE NO204090891E 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING
TEN ( 10) FEET EAST OF AND PERPENDICULAR TO AN EXISTING SEWER LINE; THENCE
N87019153"W 20.00 FEET TO A POINT TEN ( 10) FEET WEST OF AND PERPENDICULAR TO
SAID EXISTING SEWER LINE; THENCE N04020'04"E PARALLEL WITH SAID SEWER LINE
11 .69 FEET; THENCE N15004'46"E PARALLEL WITH SAID SEWER LINE 324.94 FEET;
THENCE S79023512"E 20.06 FEET TO A POINT TEN ( 10) FEET EAST OF AND
PERPENDICULAR TO SAID EXISTING SEWER LINE; THENCE S15004'46"W PARALLEL
WITH SAID SEWER LINE 324.62 FEET; THENCE SO4°20'04"W 9.23 FEET TO THE POINT OF
BEGINNING, CONTAINING 0. 15 ACRES, MORE OR LESS.
I �
eq
y y
I
I � '
S g I
t
@
@
409
LU
litgg[[
s
Wastifyhington County AR
1 C2,012 this Instrument was filed cn
C)812,01200 Is
and recorded in Real
File Number 2005-
Bette Stamps 0Estate
0026485
by u , Clerk
D20
City Council
If of May 17, 2005 511 7165
Agenda Item Number cf7U(�
CITY COUNCIL AGENDA MEMO , i�c 05 �
To: Mayor and City Council �� 5fo/"/.Il dy
Thru : Gary Dumas, Director of Operations
From : Jeremy C. Pate, Director of Current Planning
Date: April 28, 2005
Subject: Easement Vacation for Reindl (VAC 05- 1456)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of two existing
utility easements, as described and depicted herein.
BACKGROUND
The applicant has secured approval from the Planning Commission to construct a 30-unit
multi-family condominium development located on 2 .40 acres in the downtown area,
west of Nadine Baum Center, along the railroad corridor. Existing sewer lines are located
underneath the warehouse buildings, which have since been razed. As part of the new
project, the old sewer lines within these easements are proposed to be rerouted around the
location of the new structures. Rerouting of the sewer lines has been reviewed and
received initial approval from the Water/Wastewater and Engineering Divisions, to
adequately serve the area in a fashion similar to that which currently exists. A condition
of approval of the Large Scale Development states that the subject easement shall be
formally vacated, prior to the issuance of building permits. The request is to comply with
this condition of approval .
Request: The applicant requests to vacate a portion of an existing utility easements 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 April 25, 2005.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 05- 1456 SUBMITTED BY MANDY
BUNCH FOR PROPERTY LOCATED AT 580 WEST MEADOW VACATING
TWO SEWER EASEMENTS AS INDICATED 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 platted 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:
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
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.
Section 3 . That all affected public mains shall be re-routed and accepted by the City of
Fayetteville in accordance with adopted ordinances.
PASSED AND APPROVED this day of 2005.
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 05- 1456
SURVEY DESCRIPTION (SEWER EASEMENT VACATION "A ")
A PART OF THE SOUTHEAST QUARTER (SEI /4) OF THE NORTHWEST QUARTER (NW 1 /4)
OF SECTION SIXTEEN ( 16), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST,
WASHINGTON COUNTY, ARKANSAS, AND A PART OF THE VACATED PORTION OF GREGG
AVENUE AS PER CITY ORDINANCE # 1070, RECORDED IN DEED BOOK 465 AT PAGE 275, ALL
IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK
EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS
DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS;
THENCE N87008' I 1 "W 83.92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO
AN EXISTING %" IRON REBAR; THENCE NO2°52' 55'E 60.45 FEET; THENCE N87°06'39"W
77.68 FEET; THENCE N28°00'31 "W 37. 15 FEET; THENCE N70°40' 52"W 13 .42 FEET; THENCE
N87013 '02"W 60.65 FEET; THENCE S85034'50"W 25 .43%FEET; THENCE S68044' 55"W 49.99
FEET; THENCE S27056'29"W 55 .25 FEET; THENCE S35° 16'03"W 29.94 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE
ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS AND DISTANCES:
S28041128"W 53.40 FEET ; S28041 '28"W 64.27 FEET;
S27040'29"W 74.92 FEET; S25037'22"W 82.43 FEET;
S22049'06"W 78.66 FEET; S19028'33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87045 '3 ] "E 151 .62 FEET TO AN
EXISTING IRON FOR THE TRUE POINT OF BEGINNING; THENCE
N87°45 `31 "W 2.33 FEET TO A POINT WHICH IS TEN ( 10) FEET SOUTHWEST OF AND
PERPENDICULAR TO AN EXISTING SEWER LINE; THENCE N38°45' 54"W PARALLELL
WITH SAID SEWER LINE 126.39 FEET; THENCE N24'01 ' 58"E 22.49 FEET TO A POINT
WHICH IS TEN ( 10) FEET NORTHEAST OF AND PERPENDICULAR TO SAID EXISTING
SEWER LINE; THENCE S38°45' 54"E PARALLEL WITH SAID SEWER LINE 118.81 FEET;
THENCE S07007'41 "W 11 .68 FEET TO A CHISELED "X" IN CONCRETE; THENCE
S02026'02"W 14.96 FEET TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE
OR LESS.
0 0
SURVEY DESCRIPTION (SEWER EASEMENT VACATION "B")
A PART OF BLOCK EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, A PART OF THE VACATED PORTION OF SPRING STREET AS PER CITY
ORDINANCE # 1513, RECORDED IN DEED BOOK 689 AT PAGE 242, AND A PART OF THE
VACATED PORTION OF GREGG AVENUE AS PER CITY ORDINANCE # 1070, RECORDED IN
DEED BOOK 465 AT PAGE 275, ALL IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND ALTOGETHER BEING MORE PARTICULARLY`DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE
N87°08 ` 1 1 "W 83 .92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO AN
EXISTING Y2" IRON REBAR; THENCE NO2°52' 55"E 60.45 FEET; THENCE N870C39"W 77.68
FEET; THENCE N28°00'3 FW 37. 15 FEET; THENCE N70°40' 52"W 13.42 FEET;THENCE
N87° IY02"W 60.65 FEET; THENCE S85°34' 50"W 25 .43 FEET; THENCE S68°44'55"W 49.99
FEET; THENCE S2756' 29"W 55.25 FEET; THENCE S35° 16'03"W 29.94 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE
ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS AND DISTANCES:
S28041 '28"W 53 .40 FEET ; S28041 '28"W 64.27 FEET;
S27040'29"W 74.92 FEET; S25037'22"W 82.43 FEET;
S22049'06"W 78.66 FEET; S19028' 33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87°45 '31 "E 151 .62 FEET TO AN
EXISTING IRON; THENCE NO2026'02"E 14:96,/FEET; THENCE S87019' 52"E 21 .00 FEET;
THENCE NO2040'08"E 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING
TEN ( 10) FEET EAST OF AND PERPENDICULAR TO AN EXISTING SEWER LINE; THENCE
N87019' 53"W 20.00 FEET TO A POINT TEN ( 10) FEET WEST OF AND PERPENDICULAR TO
SAID EXISTING SEWER LINE; THENCE N04020'04"E PARALLEL WITH SAID SEWER LINE
11 .69 FEET; THENCE N15004'46"E PARALLEL WITH SAID SEWER LINE 324.94 FEET;
THENCE S7902312"E 20.06 FEET TO A POINT TEN ( 10) FEET EAST OF AND
PERPENDICULAR TO SAID EXISTING SEWER LINE; THENCE S15°04'46"W PARALLEL
WITH SAID SEWER LINE 324.62 FEET; THENCE SO4020'04"W 9.23 FEET TO THE POINT OF
BEGINNING, CONTAINING 0. 15 ACRES, MORE OR LESS.
° 7ye [Leve
ill PC Meeting of April 25 , 2005
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, Director of Current Planning
DATE: April 19, 2005
VAC 05-1456: (REINDL, 484): Submitted by MANDY BUNCH for property located at 580 W
MEADOW. The property is zoned C-3 , CENTRAL COMMERCIAL and contains
approximately 2.40 acres. The request is to vacate two sewer easements on the subject property.
Property Owner: BRIAN REINDL Planner: JEREMY PATE
FINDINGS:
Background: A Large Scale Development was approved by the Subdivision Committee on
February 03 , 2005 for the construction of a three-story, 30-unit condominium development in
two buildings on property located west of the Nadine Baum Center, south of the Walton Arts
Center municipal parking lot in downtown Fayetteville. The two sewer easements to be vacated
are utilized for sanitary sewer mains. The mains were crossing under a building that formerly
occupied the property. The developer is proposing to construct a new building in approximately
the same area that the previous building was located. The sanitary sewer is to be re-routed
around the proposed building. Rerouting of the sewer lines has been reviewed and received
initial approval from the Water/Wastewater and Engineering Divisions, to adequately transfer
existing and future wastewater flow in a fashion similar to that which currently: exists. A
condition of approval of the Large Scale Development was the vacation of these easements that
are affected by the proposed development, which is the subject request.
Request: The request is to vacate two separate utility easements on the subject property,
described and depicted in the attached exhibits.
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 No Objections
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections.
SW Bell No Objections
K:\Report\2005\PC Report\04-25-05\VAC 05-1456 (Reindl).doc
• •
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. Water and Sewer
services must be re-routed prior to
vacation of the rights-of-way.
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. Adjacent property owners had no objections to the proposed vacation.
Recommendation: Vacating the easements will not adversely affect the property or access to
any easements on the property. Infrastructure improvements will correct problems with the
sewer mains that currently cross the subject property. Staff recommends approval of the
proposed right-of-way vacation VAC 05- 1456, with the following conditions:
1 . Affected public mains shall be re-routed and accepted by the City of Fayetteville prior to
vacation of the rights-of-way.
PLANNING COMMISSION ACTION: yes Required
�LApproved Denied
Date: April 25, 2005 ( vo lA ,4)
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.
By
Title
Date
KAReports\2005\PC Reports\04-25-05\VAC 05-1456 (Reindp.doc
EB LandWorks , Inc .
PO Box 3432 , Fayetteville, Arkansas 72702-3432
phone 479.444. 7769 fax 479.444.7793
March 17, 2005
Mr. Jeremy C. Pate
Director of Current Planning
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Phone (479)575-8267
RE: Proposed Utility Easement Vacation
Reindl Properties
Fayetteville, Arkansas
Dear Mr. Pate:
Please accept this correspondence as the scope, nature, and intent submittal required as part of
the easement vacation process. There are sanitary sewer lines that run under the existing
building on Mr. Reindl 's properties and within the proposed building envelope of our current
project. As a part of the Large Scale Development process, the lines and their associated
easements were required to be moved. We have coordinated with the Water and Sewer
Superintendent at length and have obtained his approval as well as approval of the routing from
the Engineering Department.
Thank you for your ongoing assistance with this project. If you need additional information, or
have any questions, please call me at (479)444- 7769.
Best Regard .
Mandy R. Bunch , PE