HomeMy WebLinkAboutOrdinance 4932 - , Doc ID : 010506670004 TvDe : REL
Recorded : 10/25/2006 at 01 : 55 : 22 PM
Fee Amt : $17 . 00 Pace 1 of 4
Nashlnaton Countv . AR
Bette Stamos Circuit Clerk
File2006-00043809 ,
i
ORDINANCE NO, 4932
AN ORDINANCE APPROVING VAC 06-2219 SUBMITTED BY
TIM PATTERSON FOR PROPERTY LOCATED AT LOT 53
BLOCK I OF THE NORTH POINT SUBDIVISION, VACATING
THE SOUTHERN 15 ' 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 as follows, and
shall not be in effect until all conditions are met herein.
1 . The vacation of said portion of the utility easement is
subject to the relocation of the water line, such that 10'
separation is maintained between the relocated water line
and the southeastern line of the easement. Said relocation
shall be completed within one year, or the vacation is
rendered null and void.
2. Any relocation of existing utilities shall be at the
owner/developer's expense.
{
AG
' Fn
PASSED and APPROVED this 3`d day of October, 2606. c um FAYETTEVILLE ;�
APPROVED: ATTEST: %,hj • 'p
''..AGTON G
"'�uwnu�uk.
By: By:
DRA OODY, ayor SO DRA SMITH, CiTy Clerk
EXHIBIT "A"
VAC 06-2219
FIFTEEN ( 15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND
RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING
FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED
FIVE (5) OF NORTH POINT SUBDIVISION TO "I-HE CITY OF FAYETTEVILLE,
ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS AT PLAT RECORD BOOK 11 , PAGE 74, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT AN EXISTING IRON
AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87028' 19"E 50.87
FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST
LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING;
THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE
OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND
DISTANCES: N13°08'14"E 43 .61 FEET; N26°08'27"E 103 .93 FEET; N33°48'09"E 42.58 FEET
TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE
LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE
NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23043'33 "W 17.78 FEET TO A POINT
ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING
THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST
LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES:
S33048'09"W 53. 13 FEET; S26°08'27"W 106.64 FEET; S13°08'14"W 48. 13 FEET TO A
POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28' 19"E 15.26 FEET
TO THE POINT OF BEGINNING.
EXHIBIT "Bus
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City of Fayetteville y93a
Staff Review Form
City Council Agenda Items
or �/ f Ant-
Contracts
3-Oct-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 06-2219: (North Point, 248): Submitted by Tim Patterson for property located at Lot 5 Block I of the North Point S/D.
The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.56 acres. The request is to vacate a
portion of a utility easement 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 Dale Program / Project Category Name
N/A N/A N/A
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department birector Date Original Contract Date: n/a
Original Contract Number: n/a
q- rs o�
City Attorney
n Received in City Clerk's Office
Q . �do �- a -t s -v ►5�°
Finance and Internal Service Director Date
Received in Mayor's Office ILKIWIlu
S/a
Mayor Date
Comments:
City Council Meeting of October 3 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations `Q
From: Jeremy C. Pate, Director of Current Planning a'
Date: September 14, 2006
Subject: Easement Vacation for North Point Subdivision (VAC 06-2219)
RECOMMENDATION
The Planning Commission recommends approval of an ordinance vacating 15 ' of a utility
easement located on Lot 5 Block 1 of the North Point Subdivision.
BACKGROUND
The subject property consists of Lot 5 Block 1 of the North Point Subdivision and
contains approximately 0.56 acres located immediately south of I-540 and north of Point
Circle. There is an existing 50' utility easement located along the north portion of the
property with multiple utility lines, although none of the utilities lie within the area to be
vacated. The utility line nearest the area to be vacated is a 6" water line, which is to be
relocated to the north, per City of Fayetteville requirements.
The applicant requests to vacate the southern 15 ' of an existing 50' utility easement that
is located on the subject property. The applicant has submitted the required notification
forms to the utility companies and to the City with the result summarized below.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City. This
item was heard on at the regular Planning Commission on September 11 , 2006. The
Planning Commission voted 6-0-2 to recommend this vacation request to the City
. Council . The vacation of said portion of the utility easement is subject to the relocation
of the water line, such that a 10' separation is maintained between the relocated water
line and the southeastern line of the easement. Said relocation shall be completed within
one year, or the vacation is rendered null and void.
BUDGETIMPACT
None.
r
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2219 SUBMITTED BY TIM PATTERSON FOR
PROPERTY LOCATED AT LOT 5 BLOCK I OF THE NORTH POINT SUBDIVISION,
VACATING THE SOUT14ERN I Y 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 as follows, and
shall not be in effect until all conditions are met herein.
1 . The vacation of said portion of the utility easement is subject to the relocation of the
water line, such that 10' separation is maintained between the relocated water line
and the southeastern line of the casement. Said relocation shall be completed within
one year, or the vacation is rendered null and void.
c
2. Any relocation of existing utilities shall be at the owner/developer's expense.
f PASSED and APPROVED this—day of , 2006.
i
APPROVED:
By:
t DAN COODY, Mayor
ATTEST:'
By: .
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2219
FIFTEEN ( 15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING
PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT
WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH
POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL
PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD BOOK
11 , PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE
S87028' 19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON
THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF
BEGINNING, THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE
EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND
DISTANCES: N13°08' 14"E 43.61 FEET; N26°08'27"E 103.93 FEET; N33°48'09"E 42.58 FEET
TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING
THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY
LINE OF SAID LOT FIVE (5) N23043'33"W 17. 78 FEET TO A POINT ON THE PROPOSED
EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE
OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT
THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53. 13 FEET; S26°08'27"W
106.64 FEET; S13°08' 14"W 48. 13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT
FIVE (5); THENCE S87°28' 19"E 15.26 FEET TO THE POINT OF BEGINNING.
Taye L 1 le
PC Meeting .of September H , 2006
ARKANSAS .
THE CITY OF FAYIiTTEVILLE , ARKANSAS
125 W. Mountain St. '
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU : Jeremy Pate, Director of Current Planning
DATE: September 6, 2006 ,
VAC 06-2219 : (NORTH POINT S/D, 248): Submitted by TIM PATTERSON for
property located at LOT 5 BLOCK 1 OF THE NORTH POINT S/D. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.56 acres.
The request is to vacate a portion of a utility easement within the subject property.
Planner: Jesse Fulcher
Findings :
Property Description and Background: The subject property consists of Lot 5 Block 1 of
the North Point Subdivision and contains approximately 0.56 acres located immediately
south of 1-540 and north of Point Circle. There is an existing 50' utility easement located
along the north portion of the property with multiple utility lines, although none of the
utilities lie within the area to be vacated. The utility line nearest the area to be vacated is
a 6" water line, which is to be relocated to the north, per City of Fayetteville
requirements.
Request: The applicant requests to vacate the southern 15 ' of an existing 50' utility
easement that is located on the subject property. The applicant has submitted the
required notification forms to the utility companies and to the City with the result
summarized below.
UTILITIES RESPONSE
Cox Communications No Objections
Ozarks Electric Coop. No Objections
Arkansas Western Gas No .Objections
AT&T/ Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE: RESPONSE
K:\Repons\2006\PC.ReWns\09-11 -06\VAC 06-2219 (North Point).dm
Water/Sewer Approval subject to the relocation of
the existing water line, such that a
minimum of 10' of easement on the
south side of the relocated water line
is maintained.
Engineering No Objections
Solid Waste No Objections
Transportation No Objections
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation : Staff recommends forwarding to the City Council a recommendation
of approval to vacate the utility easement VAC 06-2219 with the following condition:
Conditions of Approval:
1 . The vacation of said portion of the utility easement is subject to the relocation of
the water line, such that a 10' separation is maintained between the relocated
water line and the southeastern line of the easement. Said relocation shall be
completed within one year, or the vacation is rendered null and void.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
PLANNING COMMISSION ACTION : yes Required
Recommendation to be: Forwarded 0 Denied
Motion : Clark
Second : Myers
Vote: 6-0-2 (Commissioners Lack and Trumbo did not vote)
Date: September 11, 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
K:\Reports\2006\PC Reports\09-11-06\VAC 06-2219 (Noilh Poim).doc
.Moam m .Nolo J octet .C2e
4587 Cedar Ridge Drive
Springdale, Ar. 72764
City of Fayetteville
Planning
Fayetteville, Ar.
July 26, 2006
Dear Sirs,
Enclosed is our completed application for vacation of 15 ' of an existing 50' utility easement
contained in Lot 5 of North Point subdivision which is adjacent to the I -540 entrance ramp at the
intersection Ar. Hwy. 112 and I -540.
All utilities are within the first 25 ' south and east of the I-540 right-of-way fence except for the
water line. The water line has a portion on the south end of Lot 5 next to Lot 4 which is 5-6' past
the 25' mark. We propose to move this portion of the water line back to a line 25' from.the I-540
right of way. This will provide a 10' buffer between the water line and the easement line. The
easement will be 35' if our request is granted. All utilities and adjoining property owners have
agreed to the easement request. The Water Department consent is subject to the water line being
move back to the 25' mark.
As you can see on the attached survey, the easements on this .56 acre lot (24,394 sq. ft) greatly
reduce the build able space. We have tried numerous drafts of site plans in an attempt to place
our 3,000 sq. ft. pad with the required parking spaces on this lot, and none will work unless the
utility easement can be reduced by the 15' we are requesting.
Thank you for your consideration of our request.
Sincerely,
Steve Fowler
Monroe North Point, LLC.
Enc: Request for Vacation of Easement r