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HomeMy WebLinkAboutOrdinance 5014 Doc ID : 011158210004 TVDe : REL Recorded : 05/ 17/2007 at 02 : 44 : 59 PM Fee Amt : $17 . 00 Paoe 1 of 4 Washlnoton Countv , AR Bette Stamps Circuit Clerk ' I File 2007-000188121: I ORDINANCE NO. 5014 AN ORDINANCE APPROVING ADM 07-2565, FOR PROPERTY LOCATED AT LOT 5 BLOCK I OF THE NORTH POINT SUBDIVISION, REPEALING AND REPLACING ORDINANCE NO. 4932 TO ALLOW FOR A LESSER EASEMENT VACATION THAN PREVIOUSLY APPROVED AS INDICATED ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 repeals Ordinance No. 4932 in its entirety. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit "B" attached hereto and made a part hereof. Section 3 : 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 4 : 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 a 10' separation between the existing water line and the southeastern line of the easement. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this I " day of May, 2007. Page 2 Ord. 5014 APPROVED: ATTEST: -/ By: I By: � �=�✓ � DAN OOD ayor SONDRA SMITH, City Clerk/Treasurer 0&1Y 6; SGp�z : CJ c ; FAYETTEVILLE ; *A, ''•,9�!'y RKANSP�J�, EXHIBIT "A" .-SITE / � x fnsrwcaazuLox ^, / N / Q EASENGNIMMAINIC.NYI / � ' J. � ® SieANlAiLRAVMKIf /� ,I t. +Jj lI O W.iERxETER 'INmTY mAP / / / / ® suarwv4EWERIM„'ns . `•.L``'(% / / `• /`` 0 IELEPIp1E PE0ESTX aur V#M 12ID, —E—E— MERXELO RECIPICVBLE IV t BWiEO nBEwdRC —W—,v— "MOM MR LLE / 0/ / i e ��•� O 1j CHr1ERLNf C4 NM0 - 40 20 0 sN'=a IN FEET ) 1 inch = 40 ft. b W t J n t 1 r ;j LOT 5 I fm 24498.6± SQ. f7: g \ 0.56t ACRES ��. ' / / .p(°f ST28•f91i' 1$B.Ja' I x--_ IN �w law nw SCALE As As Shown DATE REVISED. CHECKED BY: DRAWN BY: lark DATE: 4/4107 -- JSC JSC onsulting Lot 5 North Point Subdivision CIVIL / ENVIRONMENTAL ENGINEERING - 371513LW sDAve, SUN- 202 Fayeltev&. AR72703 (479)/448171 Utility Easement Vacation EXHIBIT `B" Legal Description of Portion of Easement to be Vacated: Commencing at the Southwest corner of Lot Five of North Point Subdivision of Fayetteville, AR Washington County Arkansas, thence S87028' l9"E 41 .52 feet; thence N13°50'32"E 7.65 feet to the Point of Beginning, thence N13050'32"E 45 .98 feet; thence N17°06'07"E 28.69 feet, thence N29040'20"E 74.42 feet, thence N27°34' l7E 40.02 feet, thence S23°43 '03"E 17.78 feet, thence S33048'09"W 33 .69 feet, thence S26008'27"W 103 .93 feet, thence S13°08' 14"W 35 .98 feet, thence N87°28' 19"W 9.25 feet, to the point of beginning, containing .048 acres more or less. INas.Hington :County, AR I certify this instrument was fled on 05/17/2007 02:44:59 PM and IrOcord6d in Rea'I (Estate IFileINum,b X200,7;000118811 IB..00 (Stamps Circuit j I; 11 byr - - - f ti OVA City of Fayetteville ll 07 Staff Review Form 50�� City Council Agenda Items or T � k � � ContractsOCAJU uzt poll(\ 1 -May-07 �4 City Council Meeting Date Jeremy Pater Planning Operations Submitted By Division Department Action Required: ADM 07-2565: (North Point, 248): Submitted by Steve Clark for properly located at Lot 5 Block 1 of the North Point SID. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.56 acres. Approval of an ordinance amending Ordinance No. 4932 (VAC 06-2219), allowing for a smaller area to be vacated than previously approved. 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 NIA N/A $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Dep ment Date Original Contract Date: n/a 1 r 3 a Original Contract Number: n/a City Attorn Received in City CIWksO Q. `� . .V Finance and Internal Service Director Date Received in Mayor's Offi C Mayor Date Comments: City Council Meeting of May 1 , 2006 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 PlanningdQ Date: April 12, 2007 Subject: Amendment to Easement Vacation for North Point Subdivision (VAC 06-2219) RECOMMENDATION Planning Staff recommends approval of an ordinance amending Ordinance No. . 4932 (VAC 06-2219), allowing for a smaller area to be vacated than previously approved and referred to in Exhibit "A". 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 City Council on October 3, 2006 granted approval for the vacation of the southern 15 ' of the existing 50' utility easement. A specific condition of approval for the ordinance to be effective is that the existing water line be relocated such that a 10' separation is maintained between the relocated water line and the southeastern line of the easement. Due to the expense of relocating the existing water line the applicant has decided to request a lesser vacation of the easement such that the 10' separation between the existing water line and the southeastern line of the easement is maintained without relocating the water line. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING ADM 07-2565, FOR PROPERTY LOCATED AT LOT 5 BLOCK 1 OF THE NORTH POINT SUBDIVISION, REPEALING AND REPLACING ORDINANCE NO. 4932 TO ALLOW FOR A LESSER EASEMENT VACATION THAN PREVIOUSLY APPROVED AS INDICATED ON T14E ATTACHED MAP AND LEGAL DESCRIPTION. 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 repeals Ordinance No. 4932 in its entirety. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit `B" attached hereto and made a part hereof. Section 3 : 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 4 : 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. I . The vacation of said portion of the utility easement is subject to maintaining a 10' separation between the existing water line and the southeastern line of the easement. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: EXHIBIT "B" Legal Description of Portion of Easement to be Vacated: Commencing at the Southwest corner of Lot Five of North Point Subdivision of Fayetteville, AR Washington County Arkansas, thence S87°28'19"E 41 .52 feet; thence N1 3050'32"E 7.65 feet to the Point of Beginning , thence N13050'32"E 45.98 feet; thence N17°06'07"E 28.69 feet, thence N29040'20"E 74.42 feet, thence N27"34' 17"E 40.02 feet, thence S23°43'03"E 17.78 feet, thence S33048'09"W 33.69 feet, thence S26°08'27"W 103.93 feet, thence S13°08' 14"W 35.98 feet, thence N87'28' 19)W 9.25 feet, to the point of beginning, containing .048 acres more or less. UTILITY APPROVAL FORM FOR RIGIIT- OB- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: `i — \ _ y UTILITY COMPANY: APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") ' •s (ATTACII legal description and graphic representation of what is being vacated-SURVEI9 UT[L[TY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: �Jo O {7cwt t 1 Fo te \ucira � l ,_ ol_tiRy�� � �e �n ) ] AC 1t�r S Signature of Utility ompany Representative Wa�� ab� or �ar . Title February 7006 Page 5 \ / \ In /\ \ . § } \ ) ) \ - Z % s) f § � VI IZ - ` ! { / \ ) ) 2IZ 0 \0 ,0 _ © ® } } ) I ILI / \ x / ƒ \ \ { 0 ® - . - ` In } } : % 02 / < j o0 = ) / ) # f \ lo ; / { ORDINANCE NO. 4932 AN ORDINANCE APPROVING VAC 06-2219 SUBMITTED BY TIM PATTERSON FOR PROPERTY LOCATED AT LOT 51 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.