HomeMy WebLinkAboutOrdinance 4908 Doc ID :
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Washington Countv . AR
Bette Stews Circuit Clerk
Flle2006_00034955 .
ORDINANCE NO, 4908
AN ORDINANCE APPROVING VAC 06-2139 SUBMITTED
BY WASHINGTON REGIONAL MEDICAL CENTER FOR
PROPERTY LOCATED NORTH OF APPLEBY ROAD AND
WEST OF NORTH HILLS BOULEVARD, VACATING ALL
UTILITY EASEMENTS REFLECTED ON EASEMENT PLATS
FILED FOR RECORD ON APRIL 10, 2000 (BOOK 16, PAGE
72), NOVEMBER 29, 2001 (BOOK 17, PAGE 96) AND JUNE
033 2003 (BOOK 23A, PAGE 47) AND VACATING A
PORTION OF NORTH HILLS BOULEVARD RIGHT-OF-WAY
AS DESCRIBED ON EXHIBIT "A"
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 portions of
the platted utility easements and portion of city right-of--way 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 Council of the City of Fayeiteville, Arkansas hereby vacates all
easements as described and depicted on the 2000 Washington Regional Medical Center
Easement Plat filed for record on April 10, 2000 (Book 16, Page 72).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates all
easements as described and depicted on the 2001 Washington Regional Medical Center
Easement Plat filed for record on November 29, 2001 (Book 17, Page 96).
Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby vacates all
easements as described and depicted on the 2003 Washington Regional Medical Center
Easement Plat filed for record on June 03, 2003 (Book 23A, Page 47).
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby vacates a
portion of North Hills Boulevard right-of-way as described on Exhibit "A" and attached hereto.
Section 5 : That a copy of this Ordinance duly certified by the City Clerk along with an
easement plat approved by the City of Fayetteville to replace all necessary and required
easements for all utility company and city services shall be filed in the office of the Recorder of
the County and recorded in the Deed Records of the County.
Section 6: That this vacation approval is subject to all conditions of approval listed in the
Planning Commission staff report and shall not be in effect until all conditions are met therein.
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PASSED and APPROVED this 151 day of August, 2006.
; FAYETTEVILLE '
APPROVED- ATTEST:
�.y`NGr ON,�p `'�.
By: By:
DAN COODY, Mayor S NDRA SMITH, City Clerk
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EXHIBIT "A"
VAC 06-2139
RIGHT-OF-WAY TO BE VACATED:
A PART OF THE NW 1 /4 OF THE NW 1/4 OF SECTION 35, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID SECTION 35, RUN S 01000111 " E 362.02
FEET; THENCE EAST 709.09 FEET TO,THE TRUE POINT OF BEGINNING; THENCE S
79028'52" E 37.62 FEET; THENCE ALONG % A CURVE ' TO THE RIGHT HAVING A
RADIUS OF 340.00 FEET AND AN ARC LENGTH OF 31 .50 FEET (CHORD = S 07038'47"
E 31 .49 FEET); THENCE N 79028'52" W 36.39 FEET; THENCE N 09°45' 11 " W 31 .88 FEET
TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS, AS
SHOWN ON THE EASEMENT PLAT FOR WASHINGTON REGIONAL MEDICAL
CENTER 6/5/01 .
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City of Fayetteville $ f I I bb
Staff Review Form agpg
City Council Agenda Items r / a _� /
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1-Aug-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 06-2139: (WRMC, 211 /212): Submitted by USI-Arkansas, Inc. for property located at 3215 N. Northhills Boulevard.
The property is zoned R-O, Residential Office, and contains approximately 52.03 acres. The request is to vacate portions of
right-of-way and several utility easements within the subject property.
$0.00 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
I O 6 Previous Ordinance or Resolution # n/a
Department Director Date Original Contract Date: n/a
Original Contract Number: n/a
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Received in City Clerk's Off
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Received in Mayor's Office
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Comments:
City Council Meeting of August 01 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: July 14, 2006
Subject: Easement Vacation for Washington Regional Medical Center (VAC 06-2139)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating the utility easements filed
for record on easement plats filed in 2000, 2001 and 2003 for Washington Regional
Medical Center, as well as a portion of Northhills Boulevard right-of-way.
BACKGROUND
The subject property contains 52.03 acres, delineated by Appleby Road to the south,
Futrall Road to the north and Northhills Boulevard to the south. The property is zoned R-
O and developed for Washington Regional Medical Center. Numerous easement and
rights-of-way dedications have occurred on this property. Easement plats have been filed
in 2000, 2001 and 2003, respectively. The Planning Commission recently approved
significant building additions; several of the approved structures were proposed atop of
existing utilities and easements. Therefore, the large scale development was approved
with the condition that easements be vacated prior to issuance of a permit, and a new
easement plat be prepared and filed dedicating any additional or amended utility
easements.
The applicant requested the vacation of portions of easements on the subject property.
Because several conflicting easement plats in previous years have been filed, staff
recommends the following vacations:
1 . Vacate all utility easements on the 2000 Easement Plat (Book 16, Page 72):
2. Vacate all Utility easements on the 2001 Easement Plat (Book 17, Page 96).
3 . Vacate all utility easements on the 2003 Easement Plat (Book 23A, Page 47).
4. Vacate a portion of the Northhills Boulevard right-of-way that was dedicated
across the existing box culvert west of the street. The applicant shall dedicate
drainage/utility easement in place of the right-of-way.
The applicant shall file a new easement plat to replace all necessary easements to serve
all utility company and city services. Neither the utility representatives nor the city
service representatives had any objections to the requested vacations.
City Council Meeting of August 01 , 2006
Agenda Item Number
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City. This
item was heard on consent at the regular Planning Commission on July 10, 2006. The
Planning Commission voted 8-0-0 to recommend this vacation request to the City
Council. Staff finds the modified request to be a better way to facilitate additional
easement dedications.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2139 SUBMITTED
BY WASHINGTON REGIONAL MEDICAL CENTER FOR PROPERTY
LOCATED NORTH OF APPLEBY ROAD AND WEST OF NORTHHILLS
BOULEVARD, VACATING ALL UTILITY EASEMEI�TFS REFLECTED
ON EASEMENT PLATS FILED FOR�j&GO&D ON APRIL 10, 2000
(BOOK 16, PAGE 72), NOVEMBER 29;, 2001�(BOOK 17, PAG 6) AND
JUNE 03, 2003 (BOOK 23A, PAGE) AND VACATING A PORT ON OF
NORTHHILLS BOULEVARD RIGHT'OF-WAY AS DESCRIBED ON
EXHIBIT "A".
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public
grounds or portions thereof which are not rr q ired for corporate puu p ses; and
WHEREAS, the City Council has d--ermined that the following described portions of the
platted utility easements and portion of city right-o, , f-way'aare not-required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANrAS:
Section 1 : That the City Courecil of the City of Fayetteville, Arkansas hereby vacates all
easements as described and depiot d O the 2000 Washington Regional Medical Center Easement
Plat filed foASSe
F rec d ori April 102000 (Book 16, Page 72).
ion 2 : That the Gity Council of the City of Fayetteville, Arkansas hereby vacates all
easements as• described ands picted n�the 2001 Washington Regional Medical Center Easement
Plat filed for record on November 29, 2001 (Book 17, Page 96).
Section 3�NS: That the.4City Council of the City of Fayetteville, Arkansas hereby vacates all
easements as descnbeAand %epicted on the 2003 Washington Regional Medical Center Easement
Plat filed for record onne 03, 2003 (Book 23A, Page 47).
Section . 4: That the City Council of the City of Fayetteville, Arkansas hereby vacates a
portion ofNorthhills Boulevard right-of-way as described on Exhibit "A" and attached hereto.
Section 5 : That a copy of this Ordinance duly certified by the City Clerk along with an
easement plat approved by the City of Fayetteville to replace all necessary and required easements
for all utility company and city services shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 6: That this vacation approval is subject to all conditions of approval listed in the
Planning Commission staff report and shall not be in effect until all conditions are met therein.
PASSED and APPROVED this—day of 2006.
APPROVED:
By:
DAN COODYXMayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2139
RIGHT-OF-WAY TO BE VACATED:
A PART OF THE NW / OF THE NW '/A OF SECTION 35, TOWNSHIP 17 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING rORETARTICULARLY
DESCRIBED AS FOLLOWS :
FROM THE NORTHWEST CORNER OF SAID SECTIO`N '5\RUNS 11600' 11 " E 362.02
FEET; THENCE EAST 709.09 FEET TO THE TRU&i 6tT�OF BEGINNING, THENCE S
79028'52" E 37.62 FEET; THENCE ALONG A CURVE TO TVE RIGHT HAVING A
RADIUS OF 340.00 FEET AND AN ARC LENGr Ili 31 .5 X-EET (CHORD`�S,7°38'47"
E 31 .49 FEET); THENCE N 79°28'52" W 36.39 FEET;.tTHEN GEN,09°45'11 " W431 .88 FEET
TO THE POINT OF BEGINNING, CONTAINING 0.03 ' RES, MORE OR LESS, AS
SHOWN ON THE EASEMENT PLATfOR WASHfN TO REGIONAL MEDICAL
CENTER 6/5/01 .
�[f7)p� L 11 Lev le PC Meeting of July 10, 2006
e ARKANSAS
THE. CITY OF FAYETTEVI [_ L. E , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575.8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: July 5, 2006 Revised July 14, 2006
VAC 06-2139: (WRMC, 211/212): Submitted by USI-ARKANSAS, INC. for property
located at 3215 NORTH HILLS BLVD. The property is zoned R-0, RESIDENTIAL
OFFICE and contains approximately 52.03 acres. The request is to vacate a portion of
right-of-way and parts of several utility easements within the subject property.
Planner: Suzanne Morgan
Findings:
Property Description and Background: The subject property contains 52.03 acres,
delineated by Appleby Rd to the south, Futrall Road to the north and North Hills Blvd to
the south. The property is zoned R-0 and developed for Washington Region Medical
Center. Numerous easement and right-of-way dedications have occurred on this
property. Easement plats have been filed in 2000, 2001 and 2003 for the property. The
Planning Commission recently approved significant building additions to the property.
Several of the approved structures were proposed atop of existing utilities and easements;
therefore, the large scale development was approved with the condition that the
easements be vacated prior to issuance of a permit.
Request: The applicant requests the following vacations:
1 . Vacate all utility easements on the 2000 Easement Plat (Book 16, Page 72).
2. Vacate all utility easements on the 2001 Easement Plat (Book 17, Page 96).
3 : Vacate all utility easements on the 2003 Easement Plat (Book 23A, Page 47).
4. Vacate a portion of the Northhills Boulevard right-of-way that was dedicated
across the existing box culvert west of the street. The applicant shall dedicate
drainage/utility easement in place of the right-of-way.
KAReports\2006\PC Reports\07-10-OaVAC 06-2139 (WRMC)_Revised.doc
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections provided that the
existing facilities are relocated.
Southwestern Electric Power Company No Objections provided that the
existing facilities are relocated.
Arkansas Western Gas No Objections. Easements will be
retained for any existing facilities
within the vacated area.
Southwestern Bell Telephone No Objections provided that new
easements are dedicated .
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No objections.
Transportation No Objections
Solid Waste No Objections
Engineering No Objections provided that an
easement is dedicated in place of the
right-of-way to be vacated.
Public Comment: Staff has not received any written or verbal public comment against
the requested vacations.
Recommendation: Staff finds that this new easement would provide adequate easement
for the relocation of existing utilities. All of the utility companies have approved the
easement vacation. Staff recommends approval of the proposed right-of-way and utility
easement vacations associated with VAC 06-2139 with the following conditions:
Conditions of Approval:
1 . The vacated right-of-way shall be replaced with a drainage/utility easement, to be
dedicated by a filed easement plat.
2. Additional easements shall be recorded in which utilities may be relocated from
the abandoned easements.
KARcporls\2006\PC Reeports\07-10-06\VAC 06-2139 (WRMQ_Revised.dm
3 . The legal descriptions shall be approved by the GIS Division prior to City
Council consideration.
4. Any relocation of existing utilities shall be at the owner/developer's expense.
PLANNING COMMISSION ACTION: yes Required
Recommendation to be: ✓ Approved (on Consent) _Denied
Motion: Clark
Second: Lack
Vote: 8-0-0
Date: July 10, 2006
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
KARcpons\2006\PC Reports\07-10-06\VAC 06-2139 (WRMC)_Revised.doc
