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HomeMy WebLinkAboutOrdinance 5027 1 IVI�I IIINI III IIIN IIIN IIIN IIIII IIIN IIIII IINI IINI INN I�ISI NN ISI Doc ID : 011348220003 TVDe : REL Recorded : 07/12/2007 at 11 : 16 : 36 AM Fee Amt : $14 . 00 Pace 1 of 3 Washlnoton Countv , AR Bette Stamos Circuit Clerk File 2007-00026717 ORDINANCE NO. 5027 AN ORDINANCE APPROVING VAC 07-2568 SUBMITTED BY CRAFTON, TULL, SPARKS AND ASSOCIATES FOR PROPERTY LOCATED AT 1267 NORTH STEAMBOAT DRIVE TO VACATE UTILITY EASEMENTS ACROSS THE SUBJECT PROPERTY AS THE UTILITIES HAVE BEEN RELOCATED TO ALLOW DEVELOPMENT ON THE SITE. 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 easements 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 easements, less and except utility easements dedicated by easement plat recorded as Document No. 023A-00000282 in Washington County, Arkansas: 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. 00`1%1111%TRrrf, k% 6X • S PASSED and APPROVED this 19th day of June, 2007. ; FAYETTEVILLE • APPROVED: ATTEST: = �• :� 's 5 G,ON„G,`�,. By: BY: (2AAALV D COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" Nil CMER _ ntW A — ' PAR 2 n I :101-511f am Md. 'r 16 tl11 IV F.W. I E/L 14 PD X' R:::DLN-CaC7D2.2_`I Ir— W UTI TY :AL > � I r � W. 17 K. '7 � I +x 11IS U]DLN.'JI) MiN 'r 19 1 N � � w LMY ewT. ^ %-H4lGE9 ARF71 IS Fyr_nLY-de Yn'7 1FE FASOM 10 BE VAIDAIM 'as shown on Plat 17-77 I TRACT A � I 6,46 ACRES +�— m 17 2r MUT. I PLAT 2311111220 T _ .... . 10l I W-31 VAuMM F.. •1 p:. ]D O x-Lg E511r. MAIM :413M.5v+ I mi.Jnm,F� r[ , 13 UtlTY Mi IY 71•VUILIY254L I w IR ?C :L_. I +` TRACT B I I i I PUT as-r10 I — I ]i.5' 4rurr SRT. T I Na�-MAUIU Y mr TPRI F x, auualN RFrrNL nsar- : 100 50 0 10U [ =LIS 7 3 -IFJYIC L :J! Ji 5 "'r '" JIA THIS IS NOT A PLAT L5NST68 N IS x � L MdlW' r a ; L7 'X 'b16t8' N 4A I IR M x-1 ' F usne' i Cr•�ffc�. TUI. Sa:Ara 'R Fs¢cciuta:, Inc- - 'V I N. U�6 �� . ;L��Jl�Y.uL•i . N! J'L!5 { A.'Y:YMIj1! lAY.Np11 d:$S ur x 71e�r TMI mrx.C .l I: 1�C_Gi�:.C4ii . , x.1�IFL nFI T: v,p F, Rk:IIR V1.". I�NJIx +uI:T�II ':ra+u ul!:Dlxal :xa!D Lulax Archltn . - s, En _. ' rccrs Sur : ovor ; r :R � n 'naY_Ys:aao- inns ms n ; ra;•as IrLm AID CrL :10FI, lull, SrrSrke 8 Asso:_icsICS. nc_ . ; mac EXHIBIT `B" VAC 07-2568 A PART OF TRACT A, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 23-220, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING FROM THE NORTHWEST CORNER OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF S02044'00"W 79.87 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S87016'29"E 46.65 FEET; THENCE S42°16'29"E 80.02 FEET; THENCE S68°23' 18"E 38.37 FEET; THENCE S87° 16'29"E 286. 15 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS SHOWN ON PLAT BOOK 16 AT PAGE 30; THENCE ALONG SAID WEST LINE 20.93 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 201 .00 FEET AND A CHORD OF S19046'45 "W 20.92 FEET; THENCE LEAVING SAID WEST LINE N87016'29"W 280.02 FEET; THENCE S54° 16'28"E 68.55 FEET; THENCE S35°43'32"W 20.00 FEET; THENCE N54016'28 "W 80.98 FEET; THENCE N87016'29"W 70.39 FEET; THENCE NO2043'31 "E 20.00 FEET; THENCE S87° 16'29"E 42.39 FEET; THENCE N63°04'41 "W 95. 15 FEET; THENCE N87° 16'29"W 3.42 FEET TO THE WEST LINE OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF NO2044'00"E 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 14198.0 SQUARE FEET OR 0.33 ACRES, MORE OR LESS. 01C'1. City of Fayetteville 5rd c>17 Staff Review Form City Council Agenda Items or Contracts 19-Jun-07 1p City Council Meeting Date Jeremy Pates Planning Operations Submitted By Division Department Action Required: VAC 07-2568 : (Mathias Shopping Centers, Inc., 401 ): Submitted by Crafton, Tull, Sparks and Associates for property located at 1267 North Steamboat Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 6.45 acres. The request is to vacate existing utility easements across the subject property as all utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. 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 $ F - I Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Dir ctor Date Original Contract Date: n/a U Original Contract Number: n/a City Attorney Received in i 's ffice TCkLA � 6 K - 67 Dth Finance and Internal Service Director Date Received in Mayor's Office EN G Mayor Date Comments: City Council Meeting of June 19, 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: June 1 , 2007 Subject: Utility Easement Vacation for Mathias Shopping Centers, Inc. (VAC 07-2568) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance vacating existing utility easements on the subject property to allow for development of the property as approved in LSD 06-2168. All utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. BACKGROUND The subject property is located at Lot 3RA of the Wedington Place Addition Phase II. The subject property consisted of Lots 3RA and 3RB, containing approximately 5.92 and 1 .25 acres respectively. A property line adjustment was approved on April 24, 2006, resulting in the Lots 3RA and 3RB containing approximately 6.45 and .73 acres respectively. A large scale development was approved by the Subdivision Committee on August 31 , 2006 for the 6.45 acre tract. The development will contain two separate retail buildings totaling 55,434 sq. ft. with 259 parking spaces. The development will complete a cross- access drive, connecting Steamboat Drive to Colorado Drive, allowing area residents to access multiple commercial sites, while avoiding the highly trafficked Wedington Drive. A building permit has been submitted for this addition; however, there is an existing utility easement that is located within the proposed building footprint. Although, there are no existing utility lines within the subject easement, the easement must be vacated prior to building permit approval. All utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. DISCUSSION The Planning Commission voted 6-0-0 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 city division and utility company representatives. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2568 SUBMITTED BY CRAFTON, TULL, SPARKS AND ASSOCIATES FOR PROPERTY LOCATED AT 1267 NORTH STEAMBOAT DRIVE TO VACATE UTILITY EASEMENTS ACROSS THE SUBJECT PROPERTY AS THE UTILITIES HAVE BEEN RELOCATED TO ALLOW DEVELOPMENT ON THE SITE. 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 easements 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 easements, less and except utility easements dedicated by easement plat recorded as Document No. 023A-00000282 in Washington County, Arkansas: 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. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" M CORNER TRACT A — 20 UiN11Y ESYT. -_ P.Q& Bic 16 P4 36 —� 7 EI + nM mry m' aeon M. 116 PW ENT.,30 a NECAM- 00607@� I ` e2V UMTY ew.. /) II ITO BIL 17 PC. 77$�' (1 /— —�• PERTNI1S DODII10 / 7 n 78415 1 W Oran mfr. ' 3 HATCHED AREA IS r I FEC.67u- 0000 4z THE EASEE71T To I BE YACATEA* +A'fl.s stioi..>n on �Iot' 1 '1 - 77 I I TRACT A 6.45 ACRES +/— 20 UMN Ma I PLAT 23-220 BK n P& n C J I � I 25 URSA AM K i 0 rSPACE AREA BIC 8 PG 30 0 m � 1a ualn ES BK it 16 PQ �,<1 �-- ACCESS ESOT. I 1MC:07JA-OOBOOQ82 15 A4 ESNL I RECBP3A-BOBOD7B2� C4 t I 7478' OW1Y MIT. j C. Billy ESNT. 05 �AEG62U-00600782 s' WL 16 Ps 30 TRACT B i jPLAT 23-220 27.5 O101n EM. m REc:03A-66666742 LONE TABLE UNW46400r r10 DISTANCE100 50 08' E 14 100 3'te E 34� 1 W 24ar THIS IS NOT A PLAT • w 70.39'• E 7040'> E 12.8'8 w 31Y 4400• E 40.00' Crafton, Tug, Sparks & Associates Inc. r p 901 N.47F'SRee1, Suite 210. Ro . AR 72756 m -+ 479.636.1636 FA%: 479.631.6274 CURVE TABLE www.wftontubpakrcom i WWo MR6ER IDELTA AN17E iRAg15 ARC IEN67N TANfA1T p10R0 OIRECININ CNOIp rER001N Architects. Engineers 8. Surveyors F CI 0357'88• 201.00 20.9) 10.47 S 19'46'6' M 2492 © 2007 ® Crafton, Tull, Sparks & Associates, Inc. EXHIBIT "B" VAC 07-2568 A PART OF TRACT A. AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 23-220, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF S02044'00"W 79.87 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S87016'29"E 46.65 FEET; THENCE S42016'29"E 80.02 FEET; THENCE S68°231811E 38.37 FEET; THENCE S87016'29"E 286. 15 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS SHOWN ON PLAT BOOK 16 AT PAGE 30; THENCE ALONG SAID WEST LINE 20.93 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 201 .00 FEET AND A CHORD OF S19046'45"W 20.92 FEET; THENCE LEAVING SAID WEST LINE N87016'29"W 280.02 FEET; THENCE S54016'28"E 68.55 FEET; THENCE S35°43'32"W 20.00 FEET; THENCE N54016'28"W 80.98 FEET; THENCE N87016'29"W 70.39 FEET; THENCE NO2043131 "E 20.00 FEET; THENCE S87016'29"E 42.39 FEET; THENCE N63°04'41 "W 95. 15 FEET; THENCE N87016'29"W 3.42 FEET TO THE WEST LINE OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF NO2044100"E 40.00 FEET TO THE POINT OF BEGINNING , CONTAINING 14198.0 SQUARE FEET OR 0.33 ACRES, MORE OR LESS. 0 �( ye 1 �Ve PC Meeting of May 29, 2007 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE 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: May : ',ter Updated June I, 2007 VAC 07-2568: (MATHIAS SHOPPING CENTERS, INC., 401): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at 1267 N. STEAMBOAT DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.45 acres. The request is to vacate a utility easement across the subject property as the utilities have been moved to allow development on the site. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located at Lot 3RA of the Wedington Place Addition Phase II. The subject property consisted of Lots 3RA and 3RB, containing approximately 5.92 and 1 .25 acres respectively. A property line adjustment was approved on April 24, 2006, resulting in the Lots 3RA and 3RB containing approximately 6.45 and .73 acres respectively. A large scale development was approved by the Subdivision Committee on August 31 , 2006 for the 6.45 acre tract. The development will contain two separate retail buildings totaling 55,434 sq. ft. with 259 parking spaces. The development will complete a cross- access drive, connecting Steamboat Drive to Colorado Drive, allowing area residents to access multiple commercial sites, while avoiding the highly trafficked Wedington Drive. A building permit has been submitted for this addition; however, there is an existing utility easement that is located within the proposed building footprint. Although, there are no existing utility lines within the subject easement, the easement must be vacated prior to building permit approval. All utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. Request: The applicant requests vacation of approximately 14, 198 sq. ft. of existing utility easement 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. KAReportst200TFC Reports\05-29-07%VAC 07-2568 (Mathias Shopping Centers)dm UTILITIES RESPONSE Ozarks Electric No objections. Cox Communications No objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections Solid Waste No Objections Engineering No objections. Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding (VAC 07-2568) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1 . Any relocation of existing utilities shall beat the owner/developer's expense. 2. The hatched area to be vacated (BK. 17 PG. 77) shall be less and except those easements dedicated by easement plat in association with LSD 06-2168. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: May 29, 200 Motion: Graves Second: Lack Vote: 6-0-0 Comments: 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:\Reports\2007\PC Reports\05-29-nVAC 07-2568 (Mathias Shopping Centm).doc Crofton , lull , Sparks & Associares , Inc . �OA) architects , engineers , landscape architects , interior designers & surveyors ® Public nohs 11 pwh &Iweahm April 5, 2007 m tw ■ commmml L'] Pamm"Offan ■ hudustdal Planning Commission WOO e City of Fayetteville sphhual 125 W. Mountain Street `d"° w • Fayetteville, AR 72701 heahh Dear Planning Commission: This letter shall accompany the Easement Vacation Submittal and application for vacating a utility easement located on Tract A of Wedington Place Addition, Phase II in o Fayetteville, AR. This Easement Vacation includes the vacating a 20' utility easement which extends from east to west across Tract A of Wedington Place Addition, Phase II. The reason for the request to vacate this easement is that the Large Scale Approved by m Planning Commission for this same site incorporates a commercial retail building which is located in die existing easement. The easement was originally dedicated to provide water and sewer access across the property. However, with the LSD that was approved c a by planning, which is now in construction, water and sewer access as well as other utility 3 access are provided by different means. The vacation of this easement shall not prevent any surrounding property from having access to any utility service. Please reference LSD 06-2168 — Wedington Place Commcrcial, for more information regarding the Large Scale o Development. o 0 _ a 0 m Sincerely, O _ cra c Jond an Ely, Civil Engineer Crafton Tull & Associates, Inc. — U Q. A O � T O 7 m G V _ t7 c _ rn i - m r W m yG C X L G _ lT _ N N lL L www . craftantolisparks . com