HomeMy WebLinkAboutOrdinance 5076 Doc ID : 011838130003 TVae : REL
Recorded : 12/17/2007 at 11 : 24 : 56 AM
Fee Amt : $25 . 00 Pace 1 of 3
Nashlnaton Countv . AR
Bette Stamos Circuit Clerk
F11i2007-00045813
ORDINANCE NO, 5076
AN ORDINANCE APPROVING VAC 07-2733 SUBMITTED
BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY
LOCATED AT 3873 NORTH PARKVIEW DRIVE TO VACATE
PORTIONS OF A UTILITY AND A DRAINAGE EASEMENT
ON THE SUBJECT PROPERTY, A TOTAL OF 0.06 ACRES.
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 portions of
platted utility/drainage easement 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/drainage 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. ,a1�K%TR1r,
SG
PASSED and APPROVED this 6'h day of November, 2007.
; FAYETfEVILLE • 3
APPROVED: ATTEST: ?If SP�;JtS
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By: By:
D N'COO , May SONDRA E, SMITH, City Clerk/Treasurer
nn!! EXHIBIT "A"
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EXHIBIT "B"
VAC 07-2733
PARTS OF LOTS 13 AND 14 OF VANTAGE SQUARE, UNIT 2, A SUBDIVISION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK 10 AT PAGE 79-80, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS :
BEGINNING AT THE NORTHEAST CORNER OF LOT 14 OF SAID SUBDIVISION;
THENCE SOUTH 02012'28" WEST ALONG THE EAST LINE OF LOT 14 A DISTANCE OF
10.00 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 87°44' 32" WEST
PARALLEL WITH THE NORTH LINE OF LOT 14 A DISTANCE OF 125 .07 FEET TO THE
EAST LINE OF AN EXISTING 25' UTILITY AND DRAINAGE EASEMENT ALSO
RECORED IN PLAT BOOK 10 AT PAGES 79-80; THENCE NORTH 02° 13 ' 30" EAST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF
LOT 14 ALSO BEING THE SOUTH LINE OF LOT 13 OF SAID SUBDIVISION; THENCE
CONTINUING NORTH 02013130" EAST ALONG THE EAST LINE OF SAID EXISTING
EASEMENT A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID EAST LINE RUN
SOUTH 87044132" EAST PARALLEL WITH THE SOUTH LINE OF LOT 13 A DISTANCE
OF 125.06 FEET TO THE EAST LINE OF LOT 13 ; THENCE SOUTH 02012'28" WEST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 0.06 ACRES OR 27501 SQUARE FEET MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
12/17/2047 11 :24:56 AM
and recorded in Real Estate
File Number 2007-0004581
Bette Stamps - Circuit le
by
o 12.17
City of Fayetteville 1116102
Staff Review Forth 50?
City Council Agenda Items V� /_AaJ1L. Me . `11
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Contracts phy51N4
6-Nov-07r y
City Council Meeting Datey� Y
Jeremy Pate Planning Operations
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Submitted By Division Department
Action Required:
VAC 07-2733 : (Physician's Surgery Center, 175): Submitted by CEI Engineering Associates, Inc. for property located at 3873
North Parkview Drive. The request is to vacate portions of a utility and a drainage easement on the subject property.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Pro ed Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$ :d
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
01CID-?
De m�ent Di Date Original Contract Date: Na
1 Original Contract Number: n/a
07
City Attom
nReceive Ci N Jerk's Office
Q , 964., 15,67
Finance and Internal Service Director Date
Received in Mayors OfficeLOA
EN
Mayor v/ Date
Comments:
City Council Meeting of November 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: October 10, 2007
Subject: Easement Vacation for Physician's Surgery Center (VAC 07-2733)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating 0.06 acres (2,501 sq. ft.)
of the utility and drainage easements that are located on the subject property.
BACKGROUND
The project site is located north of Joyce Boulevard on parts of Lots 13 and 14 of
Vantage Square, in the Physician's Surgery Center, between Parkview Drive and Park
Oaks Drive. There are two existing 10' utility and drainage easements where an existing
building was constructed. Currently, there are no utilities located within these easements.
On May 14, 2007 the Planning Commission approved a request for a conditional use
permit (CUP 07-2539) to allow for hospital use, Use Unit 4, within the R-O zoning
district on the property, and a conditional use permit (CUP 07-2540) for off-site parking
as part of an expansion for the Physician's Surgery Center. On May 17, 2007 the
Subdivision Committee approved a large scale development (LSD-2536) for a 20,506 sq.
ft. addition to the existing Physician's Surgery Center building.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested easement vacation. This item was heard at the regular
Planning Commission meeting on October 8, 2007 and forwarded by vote of 6-0-0 on the
consent agenda to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2733 SUBMITTED
BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY
LOCATED AT 3873 NORTH PARKVIEW DRIVE TO VACATE
PORTIONS OF A UTILITY AND A DRAINAGE EASEMENT
ON THE SUBJECT PROPERTY, A TOTAL OF 0.06 ACRES.
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 portions of
platted utility/drainage easement 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/drainage 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.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
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EXHIBIT `B"
VAC 07-2733
PARTS OF LOTS 13 AND 14 OF VANTAGE SQUARE, UNIT 2, A SUBDIVISION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK 10 AT PAGE 79-80, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 14 OF SAID SUBDIVISION;
THENCE SOUTH 02012928" WEST ALONG THE EAST LINE OF LOT 14 A DISTANCE OF
10.00 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 87°44'32" WEST
PARALLEL WITH THE NORTH LINE OF LOT 14 A DISTANCE OF 125 .07 FEET TO THE
EAST LINE OF AN EXISTING 25 ' UTILITY AND DRAINAGE EASEMENT ALSO
RECORED IN PLAT BOOK 10 AT PAGES 79-80; THENCE NORTH 02° 13 '30" EAST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF
LOT 14 ALSO BEING THE SOUTH LINE OF LOT 13 OF SAID SUBDIVISION; THENCE
CONTINUING NORTH 02013130" EAST ALONG THE EAST LINE OF SAID EXISTING
EASEMENT A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID EAST LINE RUN
SOUTH 87044132" EAST PARALLEL WITH THE SOUTH LINE OF LOT 13 A DISTANCE
OF 125 .06 FEET TO THE EAST LINE OF LOT 13; THENCE SOUTH 02° 12'28" WEST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 0.06 ACRES OR 21501 SQUARE FEET MORE OR LESS.
Taye •Rrv1 PC Meeting of October 8, 2007
ARKANSAS
THE CITY OF FAYETTEVILI, E . ARKANSAS
125 W. Mountain St
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Aeteber- , Undated October / l. 2007
VAC 07-2733: (PHYSICIAN'S SURGERY CENTER, 175): Submitted by CEI
ENGINEERING ASSOCIATES, INC. for property located at 3873 NORTH
PARKVIEW DRIVE. The property is zoned R-O, RESIDENTIAL OFFICE and
contains approximately 2.97 acres. The request is to vacate portions of a utility and a
drainage easement on the subject property. Planner: Andrew Gamer
Background/Properry: The project site is located north of Joyce Boulevard on parts of Lots
13 and 14, in the Physician's Surgery Center at Vantage Square, between Parkview Drive and
Park Oaks Drive. There are two existing 10' utility and drainage easements where an
existing building was constructed. Currently, there are no utilities located within these
easements.
On May 14, 2007 the Planning Commission approved a request for a conditional use
permit (CUP 07-2539) to allow for hospital use, Use Unit 4, within the R-O zoning
district and a conditional use permit (CUP 07-2540) for off-site parking. On May 17,
2007 the Subdivision Committee approved a large scale development (LSD 07-2536), a
20,506 sq. ft. addition to the existing Physician's Surgery Center building.
Request: The applicant requests to vacate 2,501 sq. ft. of the utility and drainage
easements that are located 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.
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
UTILITIES RESPONSE
Cox Communications No Objections
AEP/SWEPCO No Objections
K: Rqe ts\2007\PC Reports\I0-08-07\VAC 07-2733 (Physician's Surgery Ccnter).doc
Arkansas Western Gas No Objections
AT&T/ Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Engineering No Objections
Solid Waste No Objections
Transportation No Objections
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.
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation: Staff recommends forwarding to the City Council a recommendation
of approval to vacate the utility easement VAC 07-2733 with no conditions.
PLANNING COMMISSION ACTION: _} es Required
Recommendation to be: X Forwarded for approval , 17 . Denied
Motion: Ostner
Second: Winston
Vote: 6-0-0 (approved on consent a¢enda)
Date: October 8, 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
K:\Repons\2007\PC Reports\I0-0"7\VAC 07-2733 (Physician's Surgay C aa).doc
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CEI Engineering Assoclates, Inc.
3317 SW "I" Street • P.O. Box 1408 • Bentonville, AR 72712-1408 • (479) 273-9472 • (479) 273-0844
August 29, 2007 DISTRIBUTION:
RER/File
City of Fayetteville Planning Commission
113 W. Mountain St
Fayettevillee, AR 72701
(479) 271 -3126
Re: PHYSICIANS SPECIALTY HOSPITAL
(Formerly FAYETTEVILLE SURGRY CENTER)
3873 North Parkview Drive,
Fayetteville, Arkansas
CEI Project No. 23586.0
To Fayetteville Planning Commission:
This is a formal application for a utility and drainage easement vacation located in Lot 13 and Lot 14 of the Vantage
Square, Unit 2, a Subdivision to the City of Fayetteville, Arkansas. The purpose of this easement vacation is to vacate
the utility and drainage easement were the existing building was constructed in said easement, this vacation will also
allow the necessary planned building expansion. At present, no utilities exist within the easement.
We have obtained approval from all utility companies and city departments listed in the application check list. I am
certain that the public interest and welfare would not be adversely affected by the abandonment of the portion of the
above described 20 foot utility and drainage easement.
Your consideration in this matter will be greatly appreciated. If you have questions or concerns, please do not hesitate
to call.
Respectfully submitted,
Koh Siong Chai, P.E.
Project Engineer
Local Development(Public Works
Attached: 1) Vacation Fee of$200.
2) Easement exhibit with legal description
3) Abstractor's Certificate of Ownership
4) Tw sets of typed mailing labels
5) A copy of Plat
6) Peutian for easement vacation
7) Written of notification
8) Comments from all utility compaties and city department
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