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HomeMy WebLinkAboutOrdinance 4988 IIIIIIIIIIIIIIIIVIIIVIIIVIIIII IVIIIVIIIIII III VIIIVIIIVIII LIIII Doc ID : 010973260004 T02 : REL Recorded : 03/23/2007 at 02 : 02 : 39 PH Fee Amt : $17 . 00 Pace 1 of 4 Hashlnoton County . AR Bette Stamps Circuit Clerk File 685 ' t ORDINANCE NO, 4988 AN ORDINANCE APPROVING VAC 07-2439 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT 6 WEST DICKSON TO VACATE A UTILITY EASEMENT AND ALLEY 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 and alley 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 Fayetteville, Arkansas hereby vacates and abandons the following described utility easement and alley: See Exhibit `B" 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 "A" 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 . Any relocation of existing utilities shall be at the owner/developer' s expense. 2. An access easement shall be dedicated along the east-west drive aisle, south of the proposed parking garage and student ministry building, to provide public access between Highland Avenue and St. Charles Avenue. 3. The applicant shall dedicate a 20' utility easement adjacent to Lafayette Street. 4. A utility easement shall be dedicated in place of the north-south alley and the adjacent owner shall be notified of this vacation. Page 2 Ord. 4988 '• � ° �1Y o ° • & ': PASSED and APPROVED this 6th day of March, 2007. �. ,° � e <+ ° ` s' = ° FAYETTEVILLE ; APPROVED: ATTEST: $Isy�kANSP�Jam; 0000 eel GTW By: A4 1&2zlel By: , Motu DAN 60ODY, Mayor SONDRA E. SMITH, City Clerl reasurer X\N 4i Ia l ; carr` _ liN � pLf ' I r: t / I� r rh NNT — \. � o m?,dFryt::i:`h NMI i 1 &'q {f,I �~ �S�V► t� � �� t .it� j�� �II Iw1 � n I� YI Iyf�II/IlfII f�fIIIfI'NI AIq Il.'si �.. . � ,r t ��� 1��� ♦�1� s. r. \ I 'fit 1A: i �� �i+.. �i��II,1fIIf�II fly ■ N..�� SEN U.7 CIVIL ENGINEERS SURVEYORS Y! I I I �� AAA - � EXHIBIT "B" VAC 07-2439 PART OF BLOCK 9 OF THE COUNTY COURT ADDITION, ALSO IN THE PUBLIC SCHOOL ADDITION, AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NW CORNER OF LOT 6 OF SAID BLOCK 9 THENCE S02030' 19"W 128. 18 FEET, THENCE S88002' 15"E 12. 10 FEET, THENCE S0202913711W 24.35 FEET, THENCE S87021 '57"E 257.29 FEET, THENCE S02031120" 13.00 FEET, THENCE N8702115711W 269.31 FEET, THENCE S02026'00"W 156.81 FEET, THENCE N87015109"W 13 .00 FEET, THENCE NO2027'5311E 150.50 FEET, THENCE S31035'27"W 13 .26 FEET, THENCE N87032107"W 22.90 FEET, THENCE N31035'27"E 44.07 FEET, THENCE S87029'38"E 7.95 FEET, THENCE NO2027'53 "E 144.76 FEET, THENCE S87023'25 "E 13 .02 FEET TO THE P.O.B.; CONTAINING 83658.25 SQUARE FEET OR 0.20 ACRES MORE OR LESS. Washington County, AR I certify this instrument was filed on k 03/23/2007 02:02:39 PM and recorded in Real Estate File Number 2007-00010885 I Bette tamps - Circuit Clerk b City of Fayetteville 316W Staff Review Form City Council Agenda Items ��D7oZy3/� or / Contracts 6-Mar-07 / fit wdl City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division LDepartment Action Required: VAC 07-2439: (Central United Methodist Church, 484): Submitted by Jorgensen & Associates for property located at 6 West Dickson. The property is zoned Main Street Center and contains 6.02 acres. The request is to vacate a utility easement and alley on 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 nla $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached IBJ �� D Previous Ordinance or Resolution # n/a Department Di ector Date Original Contract Date: n/a Original Contract Number: n/a qK City Ate Received in Ci MIR, ce Q . Finance and Internal Service Director Date Received in Mayor's Office n7RE70 Mayr Date Comments: City Council Meeting of March 6, 2007 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: February 13, 2007 Subject: Alley and Utility Easement Vacation for Central United Methodist Church (VAC 07-2439) RECOMMENDATION The Planning Commisison and staff recommend approval of an ordinance. vacating an alley and utility easement located on a 6-acre tract south of Lafayette Street, between Highland Avenue and Saint Charles Avenue. BACKGROUND On January 22, 2006, the Planning Commission approved Large Scale Development 06- 2300 for Central United Methodist Church. The development included a parking garage which was to be constructed over a platted alley and utility easements. Conditions of approval for the development required the vacation of affected alleys and easements. The applicant requests vacation of a total 0.20. acres of alley and easement on the subject property, located south of Lafayette Street. For some time, the property owner has coordinated the relocation of the gas lines and other utilities from these alleys and easements. Staff recommends vacation of the alley and easements. The east-west alley which is proposed for vacation will be substituted by the existing drive aisle on the property, that provides vehicular connectivity between Highland Avenue and Saint Charles Avenue. Furthermore, the north-south alley that is located mid-block is not necessary to provide access to the proposed development and is, therefore, rendered obsolete. DISCUSSION The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval . Notification was provided to all appropriate utility representatives. Conditions of approval are recommended in order to satisfy the comments made by utility company representatives. A portion of the alley which is located between the Central Untied Methodist Church property and the post office was not originally included in the vacation petition which City Council Meeting of March 6, 2007 Agenda Item Number was reviewed by utility companies. Since this alley is adjacent to two property owners, notification is required to be given to all adjacent property owners. Because the development did not encroach upon this portion of the alley, it was not requested to be vacated. What would result is a landlocked 128' alley that will not be maintained by the city or utilized by the public. The Planning Commission determined in favor of staffs recommendation that the applicant modify the vacation petition to include this portion of the alley and the applicant was amenable to this change. An easement is recommended to be dedicated in its place should there be any existing or future utilities that locate in this area. The legal description has been updated accordingly. Prior to City Council consideration, the applicant is required by conditions of approval to notify the adjacent property owner to the west that the original vacation request has been expanded to incorporate the entire north-south alley. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2439 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT 6 WEST DICKSON TO VACATE A UTILITY EASEMENT AND ALLEY 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 and alley 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 Fayetteville, Arkansas hereby vacates and . abandons the following described utility easement and alley: See Exhibit `B" 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 "A" 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 . Any relocation of existing utilities shall be at the owner/developer's expense. 2. An access easement shall be dedicated along the east-west drive aisle, south of the proposed parking garage and student ministry building, to provide public access between Highland Avenue and St. Charles Avenue. 3 . The applicant shall dedicate a 20' utility easement adjacent to Lafayette Street. 4. A utility easement shall be dedicated in place of the north-south alley and the adjacent owner shall be notified of this vacation. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN GOODY, Mayor SONDRA SMITH, City Clerk/Treasurer i �nrill ak, :,.a af4; I. NLN �jL • �•� 'J7 's'« 7 M . Rfl. ti \ � �/4 ii t ♦ s ����� ,» Ill 1�1 '^ .flrl/IIlIIII`IIII/ IINNIIII�t�i .; ,' - _ W rk �WAF 61 ., ;iii , 1W74 EXHIBIT "B" VAC 07-2439 PART OF BLOCK 9 OF THE COUNTY COURT ADDITION , ALSO IN THE PUBLIC SCHOOL ADDITION, AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NW CORNER OF LOT 6 OF SAID BLOCK 9 THENCE S02030'19"W 128. 18 FEET, THENCE S88002' 15"E 12. 10 FEET, THENCE S02029'37"W 24.35 FEET, THENCE S87021 '57"E 257.29 FEET, THENCE S02031 '201113. 00 FEET, THENCE N87021157"W 269.31 FEET, THENCE S02026'00"W 156.81 FEET, THENCE N87015109"VV 13.00 FEET, THENCE NO2027'53"E 150.50 FEET, THENCE S31 °35'27"W 13.26 FEET, THENCE N87032'07"W 22.90 FEET, THENCE N31 °35'27"E 44.07 FEET, THENCE S87029'38"E 7.95 FEET, THENCE NO2027'53"E 144.76 FEET, THENCE S8702342511E 13.02 FEET TO THE P.O.B. ; CONTAINING 8,658.25 SQUARE FEET OR 0.20 ACRES MORE OR LESS. Taye e, I PC Meeting of February 12, 2007 APKANSAS THE CITY OF FAYETTEVIi.LE; ARKANSAS 125 W. Mountain St. PLANNING DIVISION CORRESPONDENCEFayetteville, AR 72701 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: February 7, 2007 Updated February 13, 2007 VAC 07-2439: (CENTRAL UNITED METHODIST CHURCH, 484): Submitted by JORGENSEN & ASSOCIATES for property located at 6 W. DICKSON. The property is zoned MAIN STREET CENTER and contains approximately 6.02 acres. The request is to vacate a utility easement and alley on the subject property. Planner: Suzanne Morgan Findings: Property Description and Background: On January 22, 2006, the Planning Commission approved Large Scale Development 06-2300 for' Central United Methodist Church. The development included a parking garage which was to be constructed over a platted alley and utility easements. Conditions of approval for the development included the following: The existing, unconstructed alleys and utility easements on the property, in which the proposed buildings encroach, shall be vacated prior to issuance of a building permit on the property. Request: The applicant requests vacation of a total 0. 13 acres of alley and easement on . the subject property, located south of Lafayette Street. For some time, the property owner has coordinated the relocation of the gas lines and other utilities from these alleys and easements. The applicant has not included a portion of the alley which is located between CUMC property and the post office. Since this alley is adjacent to two property owners, notification is required to be given to all adjacent property owners. According to the applicant, the adjacent owners have not been responsive; therefore, because the development did not encroach upon this portion of the alley, it was not requested to be vacated. What would result is a landlocked 128 ' alley that will not be maintained by the city or utilized by the public. Staff recommends that the applicant modify the vacation petition to include this portion of the alley. An easement can be dedicated in its place KARcpons4007\PC Reports\02-12-07\VAC 07-2439 (CUMC).doc should there be any existing or future utilities that locate in this area. Staff has discussed this recommendation with the applicant and the Church is willing to modify the legal description to include the remaining portion of alley.. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES Ozarks Electric Cox Communications Southwestern Electric Power Company Arkansas Western Gas Southwestern Bell Telephone CITY OF FAYETTEVILLE: Water/Sewer Transportation Solid Waste Engineering Not Applicable No objections with the dedication of a. 20' utility easement adjacent to Lafayette Street: No Objections No Objections No Objections RESPONSE No Objections provided that the applicant only vacate the shaded location on the site plan. No Objections No Objections. Solid Waste retains the right to collect from the existing dumpster, particularly since the dumpster location is to remain with the proposed additions. No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding (VAC 07-2439) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1. Any relocation of existing utilities shall be at the owner/developer's expense. K:\Reports\2007\PC Reports\02-12-07\VAC 07-2439 (CUMC).doc 2. An access easement shall be dedicated along the east -west drive aisle, south of the proposed parking garage and student ministry building, to provide public access between Highland Avenue and St. Charles Avenue. 3. The applicant shall dedicate a 20' utility easement adjacent to Lafayette Street. 4. If the Planning Commission determines in favor of staff's recommendation to vacate the remaining portion of the north -south alley, the applicant shall modify the legal description to include this portion of the alley. A utility easement shall be dedicated in its place and the adjacent owner shall be notified of this vacation. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ✓ Forwarded ❑ Denied 0 Tabled Date: February 12, 2007 Motion: Trumbo Second: Ostner Vote: 8-0-0 The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total .� without exception by the entity requesting approval of this development item. U;, Title Date K:'Rcports120071PC Reports102-12-MVAC 07-2439 (CUMC).doc JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYEITEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 DAVID L JORGENSEN, P.E., P.L.S. CHRISTOPHER B. BRACKETT, P.E. 12/19/06 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Planning Dept Re: Alley/Right of Way/Easement Vacation Central UMC Attached herewith please find the documents for the above referenced item. We have requested vacation of this alley/right of way/easement because we have a large scale development in progress. The gas line has been relocated and therefore the alley/easement is no longer required. I have attached a sketch of what we are vacating and the petition. Please call concerning any questions you may have. Thank you. Sincerely; . David L. Jorgensen, P.E. • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING• PETITION TO VACATE AN (alley/easemendright-of-way) LOCATED IN (Block 9 of the County Court Addition and also in the Public School Addition), CITY OF 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 (alley/easement/right-of- way) hereinafter sought to be abandoned and vacated, lying in (Block 9 ofthe County Court Addition and also in the Public School Addition), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the (alley/easement/right-of-way) which is described as follows: (See Attached) That the abutting real estate affected by said abandonment of the alley are (Lots 2, 3, 4,5.6,8 of the Public School Addition and Lot 9 & 10 of Block 9 of the County Court Addition) 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 (alley/easement/right-of-way). 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 easements of the public for the use of said alley. Dated this. Il)6day of �0AUdeI 2067. t'ign Sc, Adn,`ni-4;4mtw ('e/Abl l VMC. Printed name Signature Printed name Signature yEy i W pp Q < 0 b R ._i r.JtJ l I � J' 0o 1� YeM1' 26114 �BI< K t d o ) gam :a7 of LEGAL CESCIPTIORT PART OF BLOCK 9 OF THE COLNTY COIRT ADDITION, ALSO IN THE PLBLIC SCHOOL ADDITION. AND BEING DESCRIBED AS FOLLOWS BEGINNING AT THE NW CORNER OF LOT 6 OF SID BLOCK 9 THENCE SOT30'I91F 128.18 FEET. THENCE SS8.O2'15'F 12.10 FEET. THENCE SOY29•J7•W 24.35 FEET. THENCE 587.21'577 257.29 FEET. THENCE 502'31.20' 10.00 FEET. THENCE N87.21'Srw Y69.36 FEET. THENCE 50216'00•W 40.87 FEET. THENCE N$77O'421Y 12.97 FEET. THENCE NO277.53-E 31.67 FEET, THENCE 8771'57-W53fl5Z7v1 13.36 FEET THENCE NI73Y0711' 0.90 FEET TilE1'KE NJI•J5'Y7F £4.07 FEET. THENCE 387.29'38E 1.95 FEET, THENCE NOY77.53E 144.76 FEET. THENCE SIMS'251ISO? FEET TO THE P.O.B.; CONTAINING 5,622 SQUIRE FEET OR 0.15 ACRES MORE OR LESS. J: ILSD120050741UNC-I CHECKED BY• DLJ JORGENSEN & ASSOCIATES DATEREvisED: CIVIL ENGINEERS • SURVEYORS DATE: 18DEC06 IN WE TSUNBRIDGE. SUM 5 • FAYETTEVILLE ARKANSAS 71703 • (4791442-9127 • FAK(4N)N!2 101 DRAWN BY: BJR SCALE: VACATION OF ALLEY / ROW / EASEMENT Or@n&Q 4�u m lsske _. ti t 3.13.07 Clarice Pearman - Ords. 4986 4987& 4988 - Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 3.13.07 4:21 PM Subject: Ords. 4986, 4987 & 4988 Attachments: 4986 R-PZD 06-2196.pdf; 4987 RZN 07-2419.pdf; 4988 VAC 07 -2439 -Central Unit ed Methodist.pdf CC: Audit Jeremy: Attached are the above ordinances passed by City Council, March 6, 2007. Please let me know if there is anything else needed for these items. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us jNoERsAjITlawj Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: ORDINANCE NO, 4988 Was inserted in the Regular Editions: ORDINANCE NO. 4988: March 17, 2007 I 1.14-0RDINANCE APPROVING VAC 07-2439 SUB- r1 1+11 Publication Charge: $116.05 PROPERTY LOCATED STN 68 WEST DIICKSONFASSOCIATESTTO.i .TO .N ....w........... ... - - -- - Subscribed and sworn to efore me This/q day of/7j2'7 , 2007. Notary Publics&L �� o My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 II, UBJECT PROPERTY. - • ARKANSAS '!£ INEREAS, the City Council has the authority under A.C.A. § 14=54-10410 vacate public grounds r portions thereof v.Alch are not required for corporate purposes; and IREREAS, the CityCouncil has determined that the folbwing described portion of the planed utib f casement and alley are not required for corporate purposes; 1i OW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AYETTEVILLE, ARKANSAS, .. - ... • ... •. - a . 9diion I: Thal the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons e:following described utility easement and alley: - See Exhibit'Battached hereto and made a part hereof. xtion 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached vale and labeled Exhibit'A' shall be filed in the office of the Recorder of the County and record - pin the Deed Records of the County !often 3: That this vacation approval Is subject to the Conditions of Approval as lotlows, and shall ibe in effect until all conditions are met herein. Any rebcatien of existing utilities shall be at the owner/developers expense. An access easement shall be dedicated along the east -west drive aisle, south of the proposed eking garage and student ministry building, to provide public access between Highland Avenue EI d $t. Charles Avenue. I . . . ". r The applicant shall dedicate a 20' utility easement adjacent to Lafayette Street.', 5 A utility easement shall be dedicated in place of the norlhsouth alley and'the adjacent owner shall notified of this vacation. . ..� ',... te .1/V iSSED and APPROVED this 6th, day of March, 2007. PROVED: 4 ATTEST: •1 ... r By: in GOODY, Mayor. SONDRA E. SNITH, CIIy Clerk/Tpeeauror tit A is a map and may be viewed In the off Co of the city clerkAreasurer during normal business RECEIVED .VACDT2439 _ ' N) PART OF BLOCK 9 OF THE COUNTY COURT ADDITION, ALSO IN THE PUBLIC SCHOOL AUDI - MAR 21 2007 TION, AND BEING DESCRIBED AS FOLLOWS BEGINNING AT THE NW CORNER OF LOT 6 OF 1 SAID BLOCKS THENCE S02'30'1g'W 12818 FEET, THENCE S88°02.15E 12.10 FEET, THENCE .502°29375 24.35 FEET, THENCE S87"2157E 257.29 FEET, THENCE S02°3120' 13.00 FEET,. CITY OFFAYETTEVILLE THENCE N87°21'575.269.31 FEET. THENCE 302'26'005 156.81 FEET THENCE N87°15'095 CnVOFFAYS 'EVJI 13.00 FEET' THENCE NO2027.53 -E 15050 FEET,',THENCE S31°35275 13.26 FEET,:THENCE N87°32'07W 22.90 FEET, THENCE N31°35'2TE 44.07 FEE[ THENCE S87°29.38'E 7.95'FEET, 1 THENCE NO2°27'53E 144.76 FEET, THENCE S87°2325'E 13.02 FEET TO THE P.0.6.; CONTAINING 8,658.25 SQUARE FEET OR 0.20 ACRES MORE OR LESS.