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Home My WebLink AboutOrdinance 4948 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Recorded : 01 705080003 T01e -. R01 PM Fee Amt : $14 . 00 200: 1 of 3 BettenSt11 amceoClrcultRClerk i F11e2006_000523041 I ORDINANCE NO. 4948 ' AN ORDINANCE APPROVING VAC 06-2290 SUBMITTED BY RICHARD L. GRUBBS FOR PROPERTY LOCATED AT LOT 6 BLOCK 1 OF THE NORTHPOINT SUBDIVISION ON POINT CIRCLE, VACATING A PORTION OF A UTILITY EASEMENT ON 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 maintaining 10' of easement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. 2. Any relocation of existing utilities shall be at the owner/developer's expense. ; ,�, S�� e G\ZYOc .Lp PASSED and APPROVED this 21 " day of November, 2006. eFAYETTEVILLE ; APPROVED: ATTEST: z ;gR� NSP5;2� By: G' ! By: DAN COOD , Mayor SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2290 A PORTION OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED SIX (6) IN BLOCK NUMBERED ONE ( 1 ) OF NORTHPOINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE NORTHWEST CORNER OF SAID LOT SIX (6); THENCE S23043'33"E 41 .49 FEET ALONG THE WEST LINE OF SAID LOT SIX (6) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT SIX (6) S23043'33"E 17.89 FEET TO A POINT ON THE SOUTH LINE OF SAID EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT; THENCE LEAVING THE WEST LINE OF SAID LOT SIX (6) ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N33038'20"E 56.43 FEET; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N68002'22"E 117.53 FEET TO A POINT ON THE EAST LINE OF SAID LOT SIX (6); THENCE NO2034'50"E 8.79 FEET ALONG THE EAST LINE OF SAID LOT SIX (6); THENCE LEAVING THE EAST LINE OF SAID LOT SIX (6) S66010115 "W 132.49 FEET; THENCE S41 °48'00"W 39.99 FEET TO THE POINT OF BEGINNING. 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Q Washington County, AR I certify this instrument was fled .on 12/2812006 01 :56:01 PM andirecorded in Real Estate , File Number 2006.00052304 Bette Stamps - Crcuit .0 e by 01rW City of Fayetteville Staff Review Form City Council Agenda Items rw U r 6rah165 Contracts 21 -Nov-06 City Council Meeting Date Jeremy Pate' Planning Operations Submitted By Division Department Action Required: VAC 06-2290: (Grubbs, 248): Submitted by Richard Grubbs for property located at Lot 6 Block 1 of the North Point S/D on Point Circle. The property is zoned C-2, Thoroughfare Commercial. 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 Date Program / Project Category Name N/A N/A N/A $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached ��Z v Previous Ordinance or Resolution # n/a Department Dir for Date Original Contract Date: n/a Original Contract Number: n/a City Atm Received ' ity GY@rk\ 's Office � a 1 d uM 10 -27 - 1004 Finance and Internal Service Director Date 30� Received in Mayor's Office Mayor / / Date Comments: City Council Meeting of November 21 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations ,A From: Jeremy C. Pate, Director of Current Planning ll Date: October 26, 2006 Subject: Easement Vacation for Lot 6/Block 1 , North Point Subdivision (VAC 06-2290) RECOMMENDATION The Planning Commission recommends approval of an ordinance vacating a portion of a utility easement located on Lot 6 Block 1 of the North Point Subdivision. BACKGROUND The subject property consists of Lot 6 Block 1 of the North Point Subdivision and contains approximately 0.72 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 if required shall be relocated to the north, per City of Fayetteville requirements to maintain a 10' separation between the water line and the edge of the utility easement. The applicant requests to vacate the southern portion 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 October 23 , 2006. The Planning Commission voted 8-0-0 to recommend this vacation request to the City Council . The vacation of said portion of the utility easement is subject to maintaining 10' of easement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2290 SUBMITTED BY RICHARD L. GRUBBS FOR PROPERTY LOCATED AT LOT 6 BLOCK I OF THE NORTHPOINT SUBDIVISION ON POINT CIRCLE, VACATING A PORTION OF A UTILITY EASEMENT ON 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 pdrposes. 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 maintaining 10' of easement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this—jay of_, 2006. APPROVED: ATTEST: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2290 A PORTION OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED SIX (6) IN BLOCK NUMBERED ONE ( 1 ) OF NORTHPOINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE NORTHWEST CORNER OF SAID LOT SIX (6); THENCE S23°43'33"E 41 .49 FEET ALONG THE WEST LINE OF SAID LOT SIX (6) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT SIX (6) S23043133"E 17.89 FEET TO A POINT ON THE SOUTH LINE OF SAID EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT; THENCE LEAVING THE WEST LINE OF SAID LOT SIX (6) ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N33038'20"E 56.43 FEET; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N68002'22"E 117.53 FEET TO A POINT ON THE EAST LINE OF SAID LOT SIX (6); THENCE NO2°34'50"E 8.79 FEET ALONG THE EAST LINE OF SAID LOT SIX (6); THENCE LEAVING THE EAST LINE OF SAID LOT SIX (6) S66010115"W 132.49 FEET; THENCE S41 °48'00"W 39.99 FEET TO THE POINT OF BEGINNING. Taye 1, le PC Meeting of October 23 , 2006 KANSAS THE CITY OF FAYETTEVILLE. ARKANSAS . 125 W. Mountain St. PLANNING DIVISION CORRESPONDENCE Fayetteville, AR 72701 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: October 16, 2006 VAC 06-2290: (NORTH POINT S/D, 248): Submitted by RICHARD L. GRUBBS for property located at LOT 6, BLOCK 1 OF THE NORTHPOINT S/D ON POINT CIRCLE. The property is zoned C-2, THOROUGHFARE COMMERCIAL. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property consists of Lot 6 Block I of the North Point Subdivision and contains approximately 0.72 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 if required shall be relocated to the north, per City of Fayetteville requirements to maintain a 10' separation between the water line and the edge of the utility easement. Request: The applicant requests to vacate the southern portion 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 * See attached utility approval fornn(s). -KAReportc\2006\PC RepoasU 0-23-06WAC 06-2290 (Grubbs_Nonh Point).doc CITY OF FAYETTEVILLE: RESPONSE Water/Sewer Approval subject to maintaining 10' of casement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. 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 06-2290 with the following conditions: Conditions of Approval: 1 . The vacation of said portion of the utility easement is subject to maintaining 10' of easement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION : yes Required Recommendation to be: J Forwarded ❑ Denied Motion: Clark Second: Ostner Vote: 8-0-0 Date: September 23, 2006 Comments: i 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:Tep01ts\20061PC Reports%10-23-06WAC 06-2290 (Gmbbs_Noah Poin().doc 1 PETITION TO VACATE EASEMENT PETITION TO VACATE an easement LOCATED IN Lot 6, Block 1, City of Fayetteville Arkansas. To: The Fayetteville City Planning Commission and The Fayetteville City Council I, the undersigned, being the owner of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 6, Block 1 of the Northpoint Subdivision, City of Fayetteville Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A portion of an existing fifty (50) foot wide utility easement which is part of lot numbered six (6) in Block numbered one ( 1 ) of Northpoint Subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, tieing more particularly described as follows: Commencing at an existing iron at the northwest corner of said lot six (6); Thence S23 43'33"E 41.48 feet along the west line of said lot six (6) to the true point of beginning; Thence continuing along the west line of said lot six (6) S21 43'33"E 17.89 feet to a point on the south line of said existing fifty (50) foot wide utility easement; Thence leaving the west line of said lot six (6) along the south line of said existing utility easement N337 38'20"E 56.43 feet; Thence continuing along the south line of said existing utility easement NW02'22"E 117.53 feet to a point on the east line of said lot six (6); Thence N0134'50"E 8.79 feet along the east line of said lot six (6); Thence leaving the east line of said lot six (6) 868002'22"W 123.66 feet; Thence S417 48'00"W 53.78 feet to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lot 5, Block 1 of the Northpoint Subdivision and 1308 Drake Street (Parcel # 765- 15840-000), 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 petitioner prays 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 be used for their respective benefit and purpose as now approved by law. The petitioner further prays that the above described real estate be vested in the abutting property owners as provided by law. Wherefore, the undersigned petitioner respectfully prays 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 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 owners be free from the easements of the public for the use of said alley. Dated this 12th day of September, 2006 Richard L Grubbs 09/11 /2006 13 : 32 4798728174 COX CONSTRUCTION PAGE 02/03 09/10/2006 23: 27 479 X959 ARKANSAS OnMMU •i NNCit 611UI U7IT ITY AYPROVA.L FORM FOA RIGHT- OF- WAY, ALLEY, AND UIRM RASEIe1AVT VACATIONS DATE: UT UM COWANY: _ e X GO�J.r�c. ..,c sS a J APPLICAM N : �61 APpL1CANT PHONE: t y 7 9 7 qd • I Z 2 REQUESTED VACATION (applkant most cheek am that apply}: t�b7ip Fmemont Wgbaof way for alley or sweets and all utility eu meM located within the vaeated iiaf- c f- way. Alley Street rightof-way I Lave been notified of the petition to vacate the following (allay, easement, right-gfway), described as follows: General location I Addrovt (referring to attached document- mwA be completed") '� / / VYMeiQf/• �� Ce„Igf (ATT4(W legal descn)7don and graphic mpresentatfon ajwhaf is being vacamd;SUlt UTY) U MM COMPANY COMMENTS: No objection to the vacatiom(a) dcso -bed above. No Objections to the vacatio*s) described above, provided following described Bente ax retained, (State the louatiou, dimensions, and purpose below.) K No objectiotu provided the following conditi ate met; I r7Ca tt ol S' eof�Uti�,d�YCo/�� Y_ Pseniative Title _•` - F¢brvnryldJb Page 3