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Doc ID : 011432550003 Tvoe : REL
Recorded : 08/03/2007 at 02 : 59 : 35 PM
Fee Amt : $25 . 00 Pace 1 of 3
Mashinaton Countv . AR
Bette Stamos Circuit Clerk
File2007-00030175
ORDINANCE NO, 5039
AN ORDINANCE APPROVING VAC 07-2644 SUBMITTED
BY JIM HARRELSON WITH ENGINEERING SERVICES
INCORPORATED FOR PROPERTY LOCATED ON 6T"
STREET BETWEEN LEWIS AVENUE AND EASTERN
STREET TO VACATE A PORTION OF A UTILITY
EASEMENT 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 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:
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.
Gil Y SOF SGp
PASSED and APPROVED this 17th day of July, 2007.
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: FAY ETTEV I LLE :
APPROVED; ATTEST: N.
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By: By:
DAN COODY, May S NDRA SMITH, City erk/Treasurer
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EXHIBIT "B"
VAC 07-2644
A PORTION OF LOTS 1 ,2,3,4,5,6,7,8,9, 10, 11 , AND 12 OF BLOCK NO. 2 OF SUNSET
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS ACCORDING TO PLAT
RECORDED AT PLAT BOOK 5, PAGE 60A, RECORDS OF WASHINGTON COUNTY,
ARKANSAS AND IS FURTHER DESCRIBED AS THE VACATED ALLEY ACCORDING
TO FAYETTEVILLE CITY ORDINANCE NO. 2641 .
ALL BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS :
BEGINNING AT A FOUND 1 /2" REBAR AT THE SOUTHWEST CORNER OF SAID LOT
NO. 1 ; THENCE NORTH 02°55' 14"EAST, -7.50 FEET; THENCE SOUTH 87° 13 ' 11 "EAST, -
294.88 FEET; THENCE SOUTH 02°27'40"WEST, - 15 .00 FEET; THENCE NORTH
87013 ' 11 "WEST, -290.00 FEET; THENCE NORTH 8713 '28"WEST, -5 .00 FEET; THENCE
NORTH 02053 '40"EAST, 7.50 FEET TO THE POINT OF BEGINNING AND CONTAINING
4420.35 SQUARE FEET OR 0. 10 ACRES MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
08/03/2007 02:59:35 PM
and recorded in Real Estate
File Number 2007-00030175
Bette Stamps - Circuit C
by
City of Fayetteville
Staff Review Form Jv �G?
City Council Agenda Items J
or
Contracts
17-Jul-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2644: (Zaxby's, 521 ): Submitted by Jim Harrelson for property located on 6th Street between Lewis Avenue and
Eastern Street. The request is to vacate a portion of a utility easement within 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 n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
�— / 03 Previous Ordinance or Resolution # n/a
Department rec or 6 ate Original Contract Date: n/a
(� Original Contract Number: n/a
City Attorney
Received in Ci Clerk frice
ENTERED
Finance and Internal Service Director Date
Received in Mayor's Office
7� 2
d dW &f a
Mayor Def ate
Comments:
City Council Meeting of July 17, 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 28, 2007
Subject: Easement Vacation for Zaxby's (VAC 07-2644)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a 15' general
utility easement located within the Zaxby' s Restaurant development site on the north side
of 6`h Street between Lewis Avenue and Eastern Street.
BACKGROUND
The Zaxby' s development was approved by the Planning Commission in 2006 (LSD 05-
1736) for a 3,378 square foot restaurant and associated parking. As part of the building
permit review for this development, it was determined that a 15 ' alley that was vacated
by City Council in 1980 still contains a utility easement. The location of the approved
Zaxby' s restaurant is bisected by this 15' utility easement. This easement is not needed
for this development as a new easement plat is being processed dedicating new
easements. Utility representatives have no objections to the requested vacation.
The request is to vacate approximately 0. 10 acres of the existing utility easement.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City. This
item was heard on consent at the regular Planning Commission meeting on June 25,
2007. The Planning Commission voted 8-0-0 to recommend this vacation request to the
City Council.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 07-2644 SUBMITTED
BY JIM HARRELSON WITH ENGINEERING SERVICES
INCORPORATED FOR PROPERTY LOCATED ON 67"
STREET BETWEEN LEWIS AVENUE AND EASTERN
STREET TO VACATE A PORTION OF A UTILITY
EASEMENT 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 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:
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
I
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Ali
EXHIBIT "B"
VAC 07-2644
A PORTION OF LOTS 1 ,2,3,4,5,6,7,839, 10, 1 I , AND 12 OF BLOCK NO. 2 OF SUNSET
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS ACCORDING TO PLAT
RECORDED AT PLAT BOOK 5, PAGE 60A, RECORDS OF WASHINGTON COUNTY,
ARKANSAS AND IS FURTHER DESCRIBED AS THE VACATED ALLEY ACCORDING
TO FAYETTEVILLE CITY ORDINANCE NO. 2641 .
ALL BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 1 /2" REBAR AT THE SOUTHWEST CORNER OF SAID LOT
NO. 1 ; THENCE NORTH 02°55 ' 14"EAST, -7.50 FEET; THENCE SOUTH 87° 13 ' 1 I "EAST, -
294.88 FEET; THENCE SOUTH 02°27'40"WEST, - 15.00 FEET; THENCE NORTH
87013 ' 11 "WEST, -290.00 FEET; THENCE NORTH 87° 13 '28"WEST, -5 .00 FEET; THENCE
NORTH 02053 '40"EAST, -7.50 FEET TO THE POINT OF BEGINNING AND CONTAINING
4420.35 SQUARE FEET OR 0. 10 ACRES MORE OR LESS.
i
Taye �, 11 PC Meeting of June 25 , 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: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: tm e4 ,g-2200-7 Updated June 16, 1007
VAC 07-2644: VACATION (ZAXBY'S, 521): Submitted by JIM HARRELSON
(ESLINC.) for property located on 6th STREET BETWEEN LEWIS AVENUE AND
EASTERN STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL
AND R-O, RESIDENTIAL OFFICE and contains approximately 1 .96 acres. The request
is to vacate a portion of a utility easement on the subject property.
Property Owner: George Hokayem
Planner: Andrew Garner
Findings: Staff finds that vacating the requested portion of easement would not
adversely affect access to the utilities serving the property or any other adjacent property.
Background/Property: The subject property contains 1 .96 acres located at the northeast
comer of State Highway 62 (6th Street) and Lewis Street, south of Venus Street and west
of Eastern Avenue, and is split zoned C-2 and R-O. A large scale development was
approved by the Planning Commission in 2006 (LSD 05- 1736) for a 3 ,378 square foot
Zaxby's restaurant and associated parking.
As part of the building permit review for this development, it was determined that a 15 '
alley that was vacated by City Council in 1980 still contains a utility easement. The
location of the approved Zaxby' s restaurant is bisected by this 15 ' utility easement. This
easement is not needed for this development as a new easement plat is being processed
dedicating new easements. Utility representatives have no objections to the requested
vacation.
Request: The request is to vacate the 15' utility easement (0. 10 acre) bisecting the
property.
Public Comment: Staff has received one written comment from an adjacent property
owner in opposition to this request citing that he was denied the same request on his
property.
K-\Repom%2007\PC Repons\06-25-07\VAC 07-2644 (Zaxby's) DOC
Utility Provider Responses: The applicant has submitted the required notification forms
to the utility companies and to the City_ The results are as follows:
UTILITIES RESPONSE
Ozarks ElectricNo Objections.
Cox Communications No Objections.
AEP/SWEPCO No Objections.
SBC Southwestern Bell/AT&T No Objections.
Arkansas Western Gas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections.
Transportation No Objections.
Solid Waste No Objections.
Engineering No Objections.
Recommendation: Staff recommends approval of the proposed utility easement
vacation 06-2644 with the following condition:
1 . Relocation of any existing utilities shall beat the owner/developer's expense.
PLANNING COMMISSION ACTION: yes Required
X Forwarded to City Council recommendation for approval Denied
Motion: Trumbo
Second: Graves
Vote: 8-0-0
Date: June 25, 2007
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
CITY COUNCIL ACTION: ves Required
Approved Denied
Date: July 17, 2007
K:\Reports\2007'8C Repoiu\06-25-07\VAC 07-2644 (Zaebys).DOC
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT-OF-WAY, ALLEY, AND EASEMENT VACATION REQUESTS
DATE: June 14, 2007
ADDRESS / LOCATION of Vacation: 1600 West 6th Street
ADJACENT PROPERTY address: Lewis Avenue, Fayetteville Arkansas 72702
Lot: Block:
REQUEST VACATION:
I have been notified of the petition to vacate the following (easement) described as follows:
(Included legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
0 I have been notified of the requested vacation and decline to comment.
I do not object to the vacation described above.
I do object to the requested vacation because:
Ken E, and Kathie A. Marvin
Name of Adjacent Property Owner (printed)
Signature of Adjacent Property Owner
Engineering Service Inc - - - - - - -
Applicant Name
February 2006
Page 6
City Planning:
The rezoning request for VAC 07-2644 (Zaxby's) we have received should have been
taken care of prior to start of construction.
When I wanted to drive over an alley on my own property, the mayor (Coody), said there
would be no alleyway closures on his watch. So I was unable to build at that location.
I am totally opposed to this because I was denied this same request.
Ken Marvin
Kathie Marvin