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 '
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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
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PASSED and APPROVED this 6th day of March, 2007. �. ,° �
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APPROVED: ATTEST: $Isy�kANSP�Jam;
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DAN 60ODY, Mayor SONDRA E. SMITH, City Clerl reasurer
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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
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City of Fayetteville 316W
Staff Review Form
City Council Agenda Items ��D7oZy3/�
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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
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City Ate
Received in Ci MIR,
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Finance and Internal Service Director Date
Received in Mayor's Office
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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
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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