HomeMy WebLinkAboutOrdinance 4921 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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ORDINANCE NO, 4921
AN ORDINANCE WAIVING CHAPTER 171 .05 (C) OF THE
UNIFIED DEVELOPMENT CODE AND APPROVING VAC 06-
2221 SUBMITTED BY KIRK ELSASS FOR PARADISE POINT
LOCATED ON LOTS 1 AND 2 OF SEXTON POINT FINAL
PLAT, VACATING 0.30 ACRE 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 hereto waives Chapter 171 .05
(C), Procedure for Closing Utility Easements and Street Rights-of-way, waiving the requirement
for a recommendation by the Fayetteville Planning Commission concerning said vacation.
Section 2 : 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 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.
Section 4: That this vacation approval is subject to the following conditions of approval
and shall not be in effect until all conditions are met therein:
1 . The vacation of said utility easement is subject to the
dedication of new easements to the City of Fayetteville for
future water and sewer use. New easement location and size
shall be determined by the City of Fayetteville and recorded
prior to issuance of a building permit.
2. Any relocation of existing utilities shall be at the ��o�•�RK%TR ''�.,,,�
owner/developers expense. �� , . • age *
SG
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PASSED and APPROVED this 5h day of September, 2006.
; FAYETTEVILLE :
APPROVED: ATTEST:
9s°9RkANSP.J=
By: AlYl By: Iic ti 1
DAN COODY, ayor S NDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2221
LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS 1
AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT):
A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD
13-23 , CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS : FROM THE NORTHWEST CORNER OF
SAID LOT 1 , RUN S 29 42140" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE
S 1304'59" E, 25 .32 FEET; N 8558 '47" W, 150.09 FEET; S 2804T33" E, 210. 17 FEET; S
1507'08" W, 25.59 FEET; N 86033120" W, 8.71 FEET; N 2845 ' 55" W, 240.08 FEET; N
85058147" W, 111 .85 FEET; N 02 25 '36" E, 25 .01 FEET; S 8558 '47" E, 296.37 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS.
1
}
City Council Meeting of September 05, 2006 �l�!
Agenda Item Number e-1
V//C 76 22621
CITY COUNCIL AGENDA MEMO �� �i5
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: August 30, 2006
Subject: Easement Vacation for Paradise Point (VAC 06-2221 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating the utility easements filed
for record on Lots I and 2 of Sexton Point final plat.
BACKGROUND
The subject property consists of Lots 1 and 2 of Sexton Point final plat and contains
approximately 1 .55 acres located west of Crossover Road. It is south of AHEC and
surrounded by a golf course to the west and south. On November 28, 2005, the Planning
Commission voted 9-0-0 to recommend forwarding a rezoning and large scale
development approval for a mixed use development within a unique R-PZD zoning
district to the City Council. The City Council approved the R-PZD on January 3, 2006
with all conditions and recommendations made by the Planning Commission and a
modification to the access was approved in March of 2006. The approval of the large
scale development was conditioned upon vacation of a utility easement on which the
structure was proposed.
The applicant is in the process of requesting building permit approval for this
development. Prior to receiving a permit the existing utility easement must be vacated,
for the building encroaches into the existing easement. Therefore, the applicant requests
to vacate the 25 ' utility easement that is located on the property.
The applicant shall file an easement plat prior to issuance of a building permit 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.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City.
Though submitted through the City's required vacation review process, this item was not
heard by the Planning Commission; thus, no discussion or vote has been forwarded.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE WAIVING CHAPTER 171 .05 (C) OF THE UNIFIED
DEVELOPMENT CODE AND APPROVING VAC 06-2221
SUBMITTED BY KIRK ELSASS FOR PARADISE POINT LOCATED
ON LOTS 1 AND 2 OF SEXTON POINT FINAL PLAT, VACATING
0.30 ACRE 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 hereto waives Chapter 171 .05
(C), Procedure for Closing Utility Easements and Street Rights-of-way, waiving the requirement
for a recommendation by the Fayetteville Planning Commission concerning said vacation.
Section 2: 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 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.
Section 4: That this vacation approval is subject to the following conditions of approval
and shall not be in effect until all conditions are met therein:
1 . The vacation of said utility easement is subject to the dedication of new
easements to the City of Fayetteville for future water and sewer use. New
easement location and sire shall be determined by the City of Fayetteville and
recorded prior to issuance of a building permit.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
EXHIBIT "A"
VAC 06-2221
LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS 1
AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT):
A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD
13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF
SAID LOT 1 , RUN S 29 42140" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE
S 1304'59" E, 25.32 FEET; N 8558'47" W, 150.09 FEET; S 28 47'33" E, 210. 17 FEET; S
15 07'08" W, 25.59 FEET; N 86 33720" W, 8.71 FEET; N 2845155" W, 240.08 FEET; N
8558947" W, 111 .85 FEET; N 02 25 '36" E, 25.01 FEET; S 8558147" E, 296.37 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS.
VAC06-2221 EXHIBIT " B "
Close Up View PARADISE POINT
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ENGINEERING, INC.
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Attn: Planning Staff
Re: Paradise Point Easement Vacation
Dear Staff,
This correspondence is a written description of the petition to vacate a portion of
an existing utility easement lying on Lots 1 and 2 of Sexton Point (Paradise Point) in
Fayetteville, Arkansas. The current owner of the property is Paradise Point LLC. A
residential / commercial PZD, currently in the city review process, will encompass lots 1
and 2 of Sexton Point. The presence of the utility easement splits this property in half
and creates some design challenges which could be resolved by rededicating utility
easement space further south, allowing a building to be placed in the easement to be
vacated. We have provided the utility companies with assurances that new utility
easements will be dedicated with the proposed development and the owner will incur the
cost of relocating any existing utilities within the easement.
Thank you for your consideration in this matter. If you should have any questions
or comments, please call me at 5824234.
Sincerely,
Jerem Th ps n, P.E.
Project)Engineer
H2 En 'neering, Inc.
,l t
PETITION TO VACATE A UTILITY EASEMENT
PETITION TO VACATE A UTILITY EASEMENT LOCATED ON LOTS 1 AND 2 OF SEXTON
POINT (PARADISE POINT) IN FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the utility easement hereinafter sought
to be abandoned and vacated, lying on Lots I and 2 of Sexton Point (Paradise Point) in Fayetteville,_
Arkansas, a municipal corporation, petition to vacate a utility easement which is described as follows:
SURVEY DESCRIPTION:
A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT
RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM
THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29042140" W,
79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13004159" E, 25.32
FEET; N 85058'47" W, 150.09 FEET; S 28047'33" E, 210. 17 FEET; S 15007'08"
W, 25.59 FEET; N 86033'20" W, 8.71 FEET; N 28045755" W, 240.08 FEET; N
85058147" W, 111.85 FEET; N 02025'36" E, 25.01 FEET; S 85058'47" E, 29637
FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR
LESS.
That the abutting real estate affected by said abandonment of the utility easement are adjacent to Lots I and
2 of Sexton Point (Paradise Point) in Fayetteville, Arkansas 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, and that the above described real estate 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, and that title 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 the owners be free from the easements of the public for the use of said utility easement.
Dated: l
Printed Name: 1 el'�
C.
Signature: Q1002��
Printed Name:
Signature:
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ENOINEERINUM Imcm
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Attn: Planning Staff
Re: Paradise Point Easement Vacation
Dear Staff,
This correspondence is a written description of the petition to vacate a portion of
an existing utility easement lying on Lots 1 and 2 of Sexton Point (Paradise Point) in
Fayetteville, Arkansas. The current owner of the property is Paradise Point LLC. A
residential / commercial PZD, currently in the city review process, will encompass lots 1
and 2 of.Sexton Point. The presence of the utility easement splits this property in half
and creates some design challenges which could be resolved by rededicating utility
easement space further south, allowing a building to be placed in the easement to be
• vacated. We have provided the utility companies with assurances that new utility
easements will be dedicated with the proposed development and the owner will incur the
cost of relocating any existing utilities within the easement.
Thank you for your consideration in this matter. If you should have any questions
or comments, please call me at 582-4234.
Sincerely,
t
ps n, P.E.
gineereering, Inc_
CITY OF FAYETTEVILLE, ARKANSAS
Right-of-Way, Easement or Alley
VACATION
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda wail this informa&n is furnished
Application '
Indicate one contact person for this request: Applicant X Representative
Applicant (person making request): Representative (engineer, surveyor, realtor,.ete.):
Name- Kirk Elsass Name- H2 Engineering, Inc.
E-mail- kirkelsass@aol.com E-mail-
•
Address- 3900 Front Street Address- 2758 Millennium Dr.
Fayetteville AR 72703 Suite I
Fayetteville, AR 72703
Phone- Phone-
_(479) 841A321 (479) 582A234
Fax-
. Fax-
(479) 527-8835 (479) 582-9254
Site Address / Location: Sexton Point Lots 1&2, (Paradise Point)
Current Zoning District: RMF-24
Assessor's Parcel Number(s) for subject property: 765- 17043-000 & 765-17044-000
Financial Interests -
The following entities and / or people have financial interest in this project:
Kirk Elsass
•