Loading...
HomeMy WebLinkAboutOrdinance 5060 Doc ID : 011737030004 TVDe : REL Recorded : 11/08/2007 at 04 : 09 : 59 PM Fee Amt : $30 . 00 Pape 1 of 4 Mashington Countv . AR Bette Stamps Circuit Clerk I F11e2007-00041880 4 ORDINANCE NO. 5060 AN ORDINANCE APPROVING VAC 07-2688 SUBMITTED BY SPRINGFIELD HOLDING GROUP, LLC FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 6" STREET (HWY 62W) AND ONE MILE ROAD TO VACATE A UTILITY EASEMENT ON THE SUBJECT PROPERTY. . WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit `B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . The proposed easement vacation shall apply to the 15 ' utility easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developer' s ;j5kK/?Rfgf'',. expense. 4%% Qx %F CP Y O c PASSED and APPROVED this 18`s day of September, 2007. OFAYETTEVILLE ; APPROVED: ATTEST: y:0,11 5; %,s RKANSP.J� ��•'y//�'di GTON GO �,o By: By: DAN COODY, Mayor S NDRA SMITH, City Clerk/Treasurer 1 �, <"\� u ��'��.,Y `�\ < � C a{:hs�i�`� �"us:���` �$ \ � � sx2" '��� w\`�&s Y', �bt .. ,� .• 1 to - kit iz aM gm .+ All MENV> ty v Y�'S� F\'�" �` �• try "'3.45 ��.�� tF 'SMC: p y":'fiT� ^+111 c leg �a r E a ° '' � `Y It v It 37.5 75 150 k! 225 i L y 0 1 ' 1 • ii �. � � �^ t • ' 1 - " � dim S '. �•`.''�:al _ set ; UP— v r , I 4 A " . • . � ,` ,� . mss ...,_. %�"� ' ilk MI � P • . ems+ �i y II d _ rp N I.01 F L/4j .h ��.� �./+. _ { j444 N .. n000 1 r Nf rrlu41 al3P—r..'.Ja-31vvd_a-c1:= ��1 ` �.' \ � 1 ■ EXHIBIT "B" VAC 07-2688 AN EXISTING EASEMENT LOCATED OVER A PORTION OF THE NORTH AND EAST SIDES OF A TRACT OF LAND AS DESCRIBED ON AN ALTA/ACSM LAND TITLE SURVEY PLAT AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2006-18071 , BEING A PART OF THE SW 1 /4 OF THE NE 1 /4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING FROM A FOUND IRON PIN ON THE EAST SIDE OF ONE MILE ROAD AS SHOWN ON PLAT RECORDS 2004-24333 AND DR3- 153, THAT IS S02015 ' 33"W 1312.88 FEET FROM THE ALUMINUM MONUMENT MARKING THE NORTH QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF PLAT RECORD 2006- 18071 , S86017135"E 120.52 FEET; THENCE CONTINUING ALONG SAID NORTH LINE S87005500"E 11 .60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87005 ' 00"E 135 .00 FEET TO THE NORTHEAST CORNER OF PLAT RECORD 2006-18071 ; THENCE ALONG THE EAST LINE THEREROF S13002'49"E 129.40 FEET; THENCE LEAVING SAID EAST LINE S73006' 12"W 15 .03 FEET; THENCE N13002'49"W 119. 10 FEET; THENCE N87°05100"W 123 .69 FEET; THENCE NO2055 '00"E 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3804.0 SQUARE FEET OR 0.09 ACRES, MORE OR LESS . 82 /D l ?/o ? City City of Fayetteville 5o rO Staff Review Form fN City Council Agenda Items I /�C D7_ or V Contractst1din rl n 18-Sep-07 � GrP City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2688: (Walgreens, 558): Submitted by Springfield Holding Group, LLC for property located at the northeast corner of 6th Street (HWY 62W) and One Mile Road. The request is to vacate a utility easement on the subject property. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category 1 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 Previous Ordinance or Resolution # n/a b epa//rtmment Director Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in City Clerk's Office ENTERED 9 - 4 -07 3( �1 Finance and Internal Service Director Date �A� Received in Mayor's Office ZFATRE0 t Mayor Date Comments: City Council Meeting of September 18, 2007 Agenda ] tern Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations ��pp From: Jeremy C. Pate, Director of Current Planningo` Date: August 31 , 2007 Subject: Easement Vacation for Walgreens at One Mile Road (VAC 07-2688) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a utility easement located at the northeast corner of One Mile Road and 6`h Street. . BACKGROUND The subject property is located at the northeast corner of One Mile Road and 6`h Street. The Planning Commission approved a large scale development for Walgreens on August 13 , 2007. As a condition of approval, the applicants are required to vacate the subject utility easement so as to increase the percentage of preserved canopy on the property. Denial of the easement vacation will require the applicants to request a major modification to the approved large scale development. The applicant requests vacating a 15 ' utility easement to allow the existing canopy located within said easement to count as preserved canopy for purposes of the approved large scale development. 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 August 27, 2007. The Planning Commission voted 5-0-0 to recommend this vacation request to the City Council . BUDGETIMPACT None. t ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2688 SUBMITTED BY SPRINGFIELD HOLDING GROUP, LLC FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 6`h STREET (HWY 62W) AND ONE MILE ROAD TO VACATE 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 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 "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. I . The proposed easement vacation shall apply to the 15 ' utility easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall beat the owner/developers expense. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerkfrreasurer EXHIBIT A N0MBE8 .. gEAIONG:. . . . WSMCE j T1lW'cow IR _' S'I'73' Or- V -SV/44t/4 Ll N 021WV E I5 00' _ is�,s 30 :puts au-,sx - YOOi_,0 a 26-1881 S e877TSa:E71052 . $'BT05U8'. ;E ;IN 735;0p' d : vn �+ 15 ESNr Tb BE VACINFb AS-SRO ON PIAf'BY i DON IO:Mk' 0A1E0. 4�26J84 `'. �Rt aoNwen. m : 5: � �1 C �. , s:sDtTVAui EiN1.. lag ACRS +/= ¢. D IIIidsl -5.55 1 3 L4 J l S. Lu zTAXT 15' - b' '0 -D+E- ET1EWIE 7E .yam �.� DEEP IOSt-i1i': =OFED.86�-vu10�0,'. �, 3v svatit j4A1. _ �. n®naw-:as 30• AW_CWT: Soo 90 jL 8a z a ,a THIS IS NOT A PIAT FT t1z',,Eapp1�� GrdFtan Tall 2grks � � + ro,xm^uress Ute ;�j $0 30 D Fi0Rv .am F&WM zz+ Ao >t archLiecfi.ure� eng, rb rjng 9ASIS DF BEARINtiS :ARKANSAS _SfAIE usl 27, zo "W E. MORDI�IATE SYSTEM ;©20074 "M TuUj: al rks &6 Au dphlUrisSi g VAC 07-§688 Walgreens @ 6th/One Mile Page 4 of 18 EXHIBIT "B" VAC 07-2688 AN EXISTING EASEMENT LOCATED OVER A PORTION OF THE NORTH AND EAST SIDES OF A TRACT OF LAND AS DESCRIBED ON AN ALTA/ACSM LAND TITLE SURVEY PLAT AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2006- 18071 , BEING A PART OF THE SW Y OF THE NE V4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WAS14INGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM A FOUND IRON PIN ON THE EAST SIDE OF ONE MILE ROAD AS SHOWN ON PLAT RECORDS 2004-24333 AND DR3- 153, THAT IS S02015133"W 1312.88 FEET FROM THE ALUMINUM MONUMENT MARKING THE NORTH QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF PLAT RECORD 2006- 18071 , S86017' 35"E 120.52 FEET; THENCE CONTINUING ALONG SAID NORTH LINE S87005'00"E 11 .60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87005 '007'E 135.00 FEET TO THE NORTHEAST CORNER OF PLAT RECORD 2006- 18071 ; THENCE ALONG THE EAST LINE THEREROF S13002 '497'E 129.40 FEET; THENCE LEAVING SAID EAST LINE S73006112"W 15.03 FEET; THENCE N13°02'49"W 119. 10 FEET; THENCE N87°05 '00"W 123 .69 FEET; THENCE NO2°55' 00"E 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3804.0 SQUARE FEET OR 0.09 ACRES, MORE OR LESS. 7ay e e � Ie PC Meeting of August 27, 2007 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125W 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 Pale, Director of Current Planning DATE: ^ • .,...^` " 'nn' Updated August 31, 2007 VAC 07-2688: (WALGREENS @ 6TH & ONE MILE RD., 558): Submitted by SPRINGFIELD HOLDING GROUP, LLC for property located at NE CORNER OF HWY 62W AND ONE MILE ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1 .97 acres. The request is to vacate a utility easement on the subject property. Planner: JESSE FULCHER Findings: Property Description: The subject property is located at the northeast comer of One Mile Road and 6"' Street. The Planning Commission approved a large scale development for Walgreens on August 13 , 2007. As a condition of approval, the applicants are required to vacate the subject utility easement so as to increase the percentage of preserved canopy on the property. Denial of the easement vacation will require the applicants to request a major modification to the approved large scale development. Request: The applicant requests vacating a 15 ' utility easement to allow the existing canopy located within said easement to count as preserved canopy for purposes of the approved large scale development. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. Southwestern Electric Power Company No objections. Arkansas Western Gas No Objections. The existing utility KARepepons\2007\PC Relxtns\08-27-07WAC 07-2688 (Walgreens One Mile Road).doc easements along the south and west property lines shall remain. 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 07-2688) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1 . The proposed casement vacation shall apply to the 15' utility easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall beat the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: August 27, 2007 Motion : Graves Second: Cabe Vote: 5-0-0 Comments: K:\Repons\2007U'C Repoas\08-27-07wAC 07-2688 (Walgreens One Mile Road).doc ) Petition To Vacate Easement Petition to Vacate an easement located near the northeast corner of Sixth Street and One Mile Road, City of Fayetteville, Arkansas. To: The Fayetteville City Planning.Commission and The Fayetteville City Council We, the undersigned, being the authorized representative of the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in part of the SW X of the NE '/. of 19- 16-30 West, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows: (See attached Exhibit) That the easement has never been used for any public purpose and that the public interest and welfare would not be adversely affected by the abandonment and vacation of the easement, and that the abandonment and vacation of the easement will assist in protection and preservation of mature hardwoods. The petitioners ask that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate vesting all rights to the fee owner of the real estate. WHEREFORE, the undersigned petitioners respectfully ask that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that as to that particular land, the owners be free from the easements of the public for the use of said land. Dated this 151h day of lune, 2007 Jeff Nicholas, Springfield Holdings Group, LLC i