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
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PASSED and APPROVED this 6th day of March, 2007. �. ,° �
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FAYETTEVILLE ;
APPROVED: ATTEST: $Isy�kANSP�Jam;
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By: A4 1&2zlel By: , Motu
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/�
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
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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
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
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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
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
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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.