HomeMy WebLinkAboutOrdinance 4871 r
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Doc ID : 009992740002 Tvoe : REL
Recorded : 05/23/2006 at 11 : 24 : 16 AM
Fee Amt : $11 . 00 Paoe 1 of 2
4 Mashlnoton county . AR
Bette 600s circuit Clerk
Flle2 6-00020800
ORDINANCE NO, 4871
AN ORDINANCE APPROVING VAC 06-2044 SUBMITTED BY
BRYAN SMITH FOR PROPERTY LOCATED AT 1352 WEST
SHOWROOM DRIVE, VACATING A PORTION OF THE
UTILITY EASEMENT LOCATED WITHIN THE SUBJECT
PROPERTY
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 portion of the
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 Council of 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 this vacation approval is subject to the conditions of approval listed in the
staff report and Planning Commission recommendations for the City of Fayetteville, and shall not be
in effect until all conditions are met therein.
` •``�ERWTR %,,�
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PASSED and APPROVED this 2 day of May, 2006. ` , c a •,
na `��' • • \AY p ' • SG'i.
APPROVED• ATTEST: c ; FAYETTEVILLE ; 3
By: By: aatell ., NLtaA;vGTO
�uu,iwa
AN COODY, ayor SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2044
PART OF AN EXISTING 30' UTILITY EASEMENT IN THE NORTHEAST 1 /4 OF THE
NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN
WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33 , TOWNSHIP 17
NORTH, RANGE 30 WEST; THENCE NORTH 86°-56'- 19" WEST ALONG THE NORTH
LINE OF SAID SECTION 33 A DISTANCE OF 858.22 FEET; THENCE SOUTH 24°-08 '-05"
EAST A DISTANCE OF 605 .28 FEET TO THE POINT OF BEGINNING OF UTILITY
EASEMENT ABANDONMENT; THENCE CONTINUING ' SOUTH 240-08' -05" EAST A
DISTANCE OF 64.00 FEET; THENCE SOUTH 650-51 '-55" WEST A DISTANCE OF 19.00
FEET; THENCE NORTH 240-08 '-05" WEST DISTANCE OF 64.00 FEET; THENCE NORTH
650-51 '-55" EAST A DISTANCE OF 19.00 FEET RETURNING TO THE POINT OF
BEGINNING, CONTAINING 1 ,216 SQUARE FEET MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
05/23/2006 11 :24: 16 AM
and recorded in Real Estate
File Number 2006-00020800
Bette Stamps - Circuit le
by
City of Fayetteville
Staff Review Form8 � �
City Council Agenda Items
or / 3 �
Contracts
2-May-06
� Q City Council Meeting Date
Jeremy Pate - Planning Operations
Submitted By Division Department
Action Required:
VAC 06-2044: (Toyota of Fayetteville, 248): Submitted by Bryan Smith for property located at 1352 west Showroom Drive.
The property is zoned C-2, Thoroughfare Commercial. The request is to vacate the utility easement located within the subject
property.
N/A N/A N/A
Cost of this request Category/Project Budget Program Category / Project Name
N/A N/A N/A
Account Number Funds Used to Date Program / Project Category Name
N/A N/A N/A
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached Q
' 06 Previous Ordinance or Resolution # n/a
Department irector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received inpr ily Cler ' Office
EN RE
VllqLgkinane and Vernal Service Director Date
Received in Mayor's Office
Mayor Date
Comments:
City Council Meeting of May 2, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : . Gary Dumas, Director of Operations � P
From: Jeremy C. Pate, Director of Current Planningd`
Date: April 13 , 2006
Subject: Easement Vacation for Toyota of Fayetteville (VAC 06-2044)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a 30' utility
easement (approximately 19' x 64') located at Fayetteville Auto Park, as depicted herein.
BACKGROUND
Background: The 30' access easement is located in the Fayetteville Auto Park (formerly
Landers Auto Park), at 1352 Showroom Dr, There is currently a sewer line located in the
easement that will be relocated to the west, within a recorded utility easement.
The requested easement vacation is due to a building expansion, which will encroach into
the existing easement. The Toyota building expansion was approved by the Fayetteville
Planning Commission on April 10, 2006. As a condition of approval, the property
owners shall reroute the sewer line per City of Fayetteville and Arkansas Department of
Health approval and a new easement and final plat recorded.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners. The easement is located entirely within the Fayetteville Auto Park property.
The item is scheduled to be heard at the regular Planning Commission on April 24, 2006.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2044 SUBMITTED
BY BRYAN SMITH FOR PROPERTY LOCATED AT 1352 WEST SHOWROOM
DRIVE, VACATING A PORTION OF THE UTILITY EASEMENT LOCATED
WITHIN THE SUBJECT PROPERTY.
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 portion of the
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 Council of 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 tiled in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the conditions of approval listed in the
staff report and Planning Commission recommendations for the City of Fayetteville, and shall not be
in effect until all conditions are met therein.
PASSED and APPROVED this—day of 12006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2044
PART OF AN EXISTING 30' UTILITY EASEMENT IN THE NORTHEAST 1 /4 OF THE
NORTHEAST 1 /4 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN
WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, TOWNSHIP 17
NORTH, RANGE 30 WEST; THENCE NORTH 86°-56' - 19" WEST ALONG THE NORTH
LINE OF SAID SECTION 33 A DISTANCE OF 858 .22 FEET; THENCE SOUTH 240-08'-05"
EAST A DISTANCE OF 605.28 FEET TO THE POINT OF BEGINNING OF UTILITY
EASEMENT ABANDONMENT; THENCE CONTINUING SOUTH 240-08 '-05" EAST A
DISTANCE OF 64.00 FEET; THENCE SOUTH 65°-51 '-55" WEST A DISTANCE OF 19.00
FEET; THENCE NORTH 240-W-05" WEST DISTANCE OF 64.00 FEET; THENCE NORTH
650-51 '-5511 EAST A DISTANCE OF 19.00 FEET RETURNING TO THE POINT OF
BEGINNING, CONTAINING 12216 SQUARE FEET MORE OR LESS.
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aye PC Meeting of April 24, 2006
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: Jesse Fulcher, Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate., Director of Current Planning
DATE: April 13, 2006
VAC 06-2044 : Vacation (Toyota of Fayetteville, pp 248) Was submitted by BLACK,
CORLEY AND OWENS for property located at 1352 W. SHOWROOM DR. The
property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately
42.82 acres. The request is to vacate a portion of a 30' utility easement (approximately
19' x 64') located at Fayetteville Auto Park.
Findings :
Property description: The subject property is zoned C-2 and is within the Fayetteville
Auto Park, located north of I-540 and west of HWY 112. The 30' access easement is
located west of the Toyota building, at 1352 Showroom Dr. There is currently a sewer
line located in the easement that will be relocated to the west, within a recorded utility
easement.
The requested easement vacation is due to a building expansion, which will encroach into
the existing easement. The Toyota building expansion was approved by the Fayetteville
Planning Commission on April 10, 2006. As a condition of approval, the property
owners shall reroute the sewer line per City of Fayetteville and Arkansas Department of
Health approval and a new easement and final plat recorded.
Request: The request is to vacate approximately 1 ,216 sq. ft_ (approximately 19' x 64')
of the eastern portion of the utility easement.
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.
SW Bell No Objections.
Arkansas Western Gas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. See
conditions of approval.
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: Staff recommends approval of the proposed utility easement
vacation 06-2044.
Conditions of Approval:
1. Only the portion of the easement as depicted herein shall be vacated by this
request. The remaining easement shall continue for public utility use. Any
relocation of existing utilities shall be at the owner/developer's expense.
2. The property owners shall reroute the sewer line per City of Fayetteville and
Arkansas Department of Health approval and a new easement and final plat
recorded.
PLANNING COMMISSION ACTION: yes Required
yes Approved Denied
Date: April 24, 2006
Vote:
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
PETITION
PETITION TO VACATE AN EASEMENT, LOCATED WITHIN THE
FAYETTEVILLE AUTO PARK, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the teal estate abutting the easement hereinafter sought to be
abandoned and vacated, lying in Fayetteville Auto Park, City of Fayetteville, Arkansas, a municipal
corporation, petition to partially vacate an easement which is described as follows:
Part of an existing 30' Utility Easement in the Northease 1/4
of the Northeast 114 of Section 33, Township 17 North, Range
30 West in Washington County Arkansas, being more particularly
described as follows.
Commencing at the Northeast Comer of said Section 33, Township
17 North, Range 30 West; thence 86° 56' 19" East a distance of
618.91 feet to the Point of Beginning of Utility Easement Abandonment; thence
continuing South 24° 08' 05" East a distance of 64.00 feet; thence South 65' 51 '
55" West a distance of 19.00 feet; thence North 24` 08'05" West a distance of
64.00; thence North 65' 51 ' 55" East a distance of 19.00 feet returning to the
Point of Beginning, containing 1,216 Square Feet more or less.
That the abutting real estate affected by said abandonment of the alley are Fayetteville Auto Park, City of
Fayetteville used by the public 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 subject, however, to the existing utility easements and sewer easements as required, and that the
above described real estate to 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, subject to said utility and sewer
easements, and that tide to said real estate sought to be abandoned be vested in the abutting property
owners as provided by law, and as to that particular land owners be free from the easements of the public
for the use of said alley.
Dated this 14 day of March 20Q-E--.
Don Nelms
printed name
signed
Black, March 1 , 2006
Corley
Owens, P.A . Mr. Jeremy Pate
architects Director of Planning
City of Fayetteville
125 W. Mountain
Fayetteville, AR 72701
principals
Larry A. Black, AIA RE: Toyota of Fayetteville
John A. Corley, AIA Fayetteville, AR
Leslie A. Owens, AIA
Mr. Pate,
associates '
Bryan Smith As a part of the Toyota expansion project, the proposed building extends
Brian Black to the west approximately 3ft over an existing utility easement located
Michael Hughes, AIA within the auto park. I am submitting this application to vacate a portion of
Robert Black the existing easement to allow for the building expansion as currently
designed. The area of the easement to be vacated is 8ft lin wide by 83ft 5
in. long. There is an existing sanitary sewer directly on the eastern edge of
the easement that will require relocation. The Mehlburger firm has
designed the relocation of the sewer and those drawings are included in
the set with the Large Scale Development Application.. If you have any
questions or comments please do not hesitate to contact me.
incerre�ell�y,
Wt
Brya Smith
219 West South St.
Benton, AR 72015
Tel . 501 -315 -7686
Fax. 501 -315 -0487
mail@bcorleyo.com
c:
FR,
Om . FAX N0. : 5013150487 Mar. 032006 08 : 41AM P 1
'z
petition which accurately reflects dteir specific request.
UTILI'T'Y APPROVAL FORM
FOR RIGHT- OF• WAY, ALLEY, AND
viTILTTY EASEMENT VACATIONS
i
DATE: 3 / 3 / 06
UTILITY COMPANY: FaVetteviII A water A ApwpPr
APPLICANTNAMEa of Favaltot.illb /R Cm _ tflPPLICANTPHONE: �St��) 3aS— 686
REQUESTED VACATION (applitanl musi =,71%ckcck +±// prat apply):
•- UtilifyEaumen't
Right-of-way for alley or streets and all utilitycasements located within the vacated right- of- way. ,
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
i
General location / Address,(refetring'to attached document- must be completed*")
_ 1352 W - showroom Dr - 0 ARP 777Ae
• t
(A 77A(71 legal description and graphic representation of what is being vacated-SURYE19
UTILITY COMPANY COMMENTS:
No objections to the vacation(s)) described above.
No Objections to Ute vacaiion(s}described aliovq provided following descn'bed casements are retained.
(State the location; diimcasions,.and purpose below.)
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signature tility dompanyRepresentative
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