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Home My WebLink AboutOrdinance 5110 Doc ID : 012148570004 TVDe : REL Recorded : 03/27/2008 at 01 : 09 : 04 PM Fee Amt : 830 . 00 Paae 1 of 4 Mashinaton Countv . AR Bette Stamps Circuit Clerk FL1e2008-00009963 3 ORDINANCE NO. 5110 AN ORDINANCE APPROVING VAC 07-2743 SUBMITTED BY FREELAND-KAUFFMAN AND FREDEEN, INC. FOR PROPERTY LOCATED AT SOUTH SCHOOL AVENUE, NST SOUTH OF O'REILLY'S AUTOMOTIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 2,419.62 SQUARE FEET. 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 easement shall not be vacated until the new sewer main is constructed, inspected, and approved, and a new easement dedicated prior to issuance of a building permit for the large scale development. 2. Solid waste dumpsters shall maintain a straight approach and access to service dumpster during sewer re-location. i Page 2 Ord. 5110 3. Relocation of any existing facilities will be at the owner/developer's expense. ,,.a, 9aG\SY O,0°SCi�% PASSED and APPROVED this 19th day of February, 2008. : ; FAYETTEVILLE ; APPROVED: ATTEST: -�4 a, By: By: q+u,uuna'� DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" SC 1400 AVMe 04W 70 I , 1011, I I I I b I � 1 i '02054'E 2. - _ -- V '02'54'W 12 ,540Jill d� 1 p , . . . . . . . . .: . ..:. : . . .: . .: : zog q 03 00 9s I y LOCUST AVEMM I I � 60' R.O.W. EXHIBIT `B" VAC 07-2743 COMMENCING AT THE SOUTHWEST CORNER OF LOT SEVEN (7) OF SAID BLOCK EIGHT (8), SAID POINT BEING A FOUND REBAR, THENCE S89029'0315E 144.07 FEET, THENCE N89° 18' 18"E 11 .78 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHEAST CORNER OF LOT SEVEN (7) OF SAID BLOCK EIGHT (8) AND ON THE WEST LINE OF SAID 20' WATER AND SEWER EASEMENT, THENCE ALONG SAID WEST LINE N00002' 547'E 121 .42 FEET, THENCE S87008' 32"E 20.02 FEET TO A POINT ON THE EAST LINE OF SAID 20' WATER AND SEWER EASEMENT, THENCE ALONG SAID EAST LINE S00002' 54"W 120.54 FEET, THENCE N89039'3831W 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2,419.62 S.F. OR 0.056 ACRES, MORE OR LESS. Washington County, AR 1 certify this instrument was filed on 03/27/2008 01 :09:04 PM and recorded in Real Esta File Number 2008-0000 6 Bette Stamps - Cir it er k by . D 21� City of Fayetteville 5 ! � Staff Review Form City Council Agenda Items or Contracts 19-Feb-08 � City Council Meeting Date Jeremy Pate K Planning Operations Submitted By Division Department Action Required: VAC 07-2743 : (Advance Auto Parts, 562): Submitted by Freeland-Kauffman & Fredeen, Inc. for property located at South School Avenue, south of O'Reilly's Automotive. The request is to vacate a portion of the utility easement that bisects the subject property. $0.00 n/a nla 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 n \ Previous Ordinance or Resolution # n/a Departtmmeen Director Dale Original Contract Date: n/a Original Contract Number: nla 2 - I - O�K Cit orney Received irytity Cler 's Office MDL Finance and Internal Service Director Date Received in Mayor's Office 0 0 Date Mayor Comments: City Council Meeting of February 19, 2008 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: January 31 , 2008 Subject: Utility Easement Vacation for Advance Auto Parts (VAC 07-2743) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a utility easement on the subject property containing approximately 2,419.62 square feet. BACKGROUND The subject property is located at 786 South -School Avenue (71 B), on the east side of the road. The property contains three single family detached homes. The overall site is bounded. by Locust Avenue on the east. The property :is zoned C-2,, Thoroughfare Commercial. The applicant is proposing to construct a. new: 6,776 square400t .Advance Auto Parts retail store on the property. There is an existing sewer line and associated 20-foot wide easement that bisects the subject property. In order to construct the Advanced Auto Parts store the. :applicant proposes to abandon the existing sewer line and construct a new sewer line outside of the footprint of the new store, vacate the easement and dedicate a new easement over the new sewer line. The applicant requests to vacate 2,419.62 square feet of the utility easement that bisects the subject property. The applicant has submitted the required notification forms to ,the utility companies and to the City with the results summarized below. 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 January 28, 2008 and forwarded by vote of 8-0-0 on the consent agenda to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2743 SUBMITTED BY FREELAND-KAUFFMAN AND FREDEEN, INC. FOR PROPERTY LOCATED AT SOUTH SCHOOL AVENUE, NST SOUTH OF O'REILLY'S AUTOMOTIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 2,419.62 SQUARE FEET. 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 easement shall not be vacated until the new sewer main is constructed, inspected, and approved, and a new easement dedicated prior to issuance of a building permit for the large scale development. 2. Solid waste dumpsters shall maintain a straight approach and access to service dumpster during sewer re-location. 3 . Relocation of any existing facilities will be at the owner/developer's expense. EXHIBIT OWN SC:140M AMWM G- WY 70 I 1 i 1 I r 3 , 1 W J , PY' N uu1 i N O i -i moo y yS33 602'S4E 42' - - - - - - 02054'W 1 .54 i ;!Op '6yy5 1 V i Cmr I y LOCUST AVBNLE 60' R.O.W. EXHIBIT "B" VAC 07-2743 COMMENCING AT THE SOUTHWEST CORNER OF LOT SEVEN (7) OF SAID BLOCK EIGHT (8), SAID POINT BEING A FOUND REBAR, THENCE S89029'0311E 144.07 FEET, THENCE N89018 ' 1 871E 11 .78 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHEAST CORNER OF LOT SEVEN (7) OF SAID BLOCK EIGHT (8) AND ON THE WEST LINE OF SAID 20' WATER AND SEWER EASEMENT, THENCE ALONG SAID WEST LINE N00002' 54"E 121 .42 FEET, THENCE S870081327'E 20.02 FEET TO A POINT ON THE EAST LINE OF SAID 20' WATER AND SEWER EASEMENT, THENCE ALONG SAID EAST LINE S00002'54"W 120.54 FEET, THENCE N89°39'3811W 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2,419.62 S.F. OR 0.056 ACRES, MORE OR LESS. TayeMgle PC Meeting of January 28, 2008 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: 32005 Updated January 31, 2008 VAC 07-2743: (ADVANCE AUTO PARTS, 523): Submitted by FREELAND- KAUFFMAN & FREDEEN, INC. for property located at S. SCHOOL AVENUE, JUST S OF O'REILLY'S AUTOMOTIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1 .20 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Andrew Garner Property Description & Background: The subject property is located at 786 South School Avenue (71B), on the east side of the road. The property contains three single family detached homes. The overall site is bounded by Locust Avenue on the east. The property is zoned C-2, Thoroughfare Commercial. The applicant is proposing to construct a new 6,776 square foot Advance Auto Parts retail store on the property. Surrounding land use and zoning is listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Land Use Zoning Site North South, West Mixed Commercial/Retail C-2 East Single Family Residential RMF-24 There is an existing sewer line and associated 20-foot wide easement that bisects the subject property. In order to construct the Advanced Auto Parts store the applicant proposes to abandon the existing sewer line and construct a new sewer line outside of the footprint of the new store, vacate the easement and dedicate a new easement over the new sewer line. Request: The applicant requests to vacate 2,419.62 square feet of the utility easement that bisects the subject property. The applicant has submitted the required notification forms to the utility companies and to the City with the results summarized below. KAReports\2008\PC Rcports\02-January 28\VAC 07-2743 (Advanced Auto Parts).doc UTILITIES RESPONSE Cox Communications No Objections Ozark Electric No Objections AEP/SWEPCO No Objections Arkansas Western Gas No Objections AT&T No Objections — provided that relocation of any existing facilities will be at the owner/developer's expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer and Engineering No Objections - provided that the easement shall not be vacated until the new sewer main is constructed, inspected, and approved, and a new easement dedicated prior to issuance of a building permit for the large scale development. Solid Waste No Objections — provided that solid waste dumpsters are allowed straight approach and access to service dumpster during sewer re-location. 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 given the applicant's proposal to relocate the existing sewer line and dedicate a new easement over the relocated sewer line. Public Comment: Staff has not received public opposition to this vacation request. Recommendation: Staff recommends forwarding this request to the City Council with a recommendation of approval to vacate the utility easement VAC 07-2743 with the following conditions of approval. 1 . The easement shall not be vacated until the new sewer main is constructed, inspected, and approved, and a new easement dedicated prior to issuance of a building permit for the large scale development. KAReports\2008\PC Repons\024muary 28\VAC 07-2743 (Advanced Auto Pam).doc 2. Solid waste dumpsters shall maintain a straight approach and access to service dumpster during sewer re-location. 3 . Relocation of any existing facilities will be at the owner/developer's expense. PLANNING COMMISSION ACTION: Recommendation to be: Forwarded for approval ❑ Denied ❑ Tabled Motion: Graves Second: Mvers Vote: 8-0-0 Date: January 28. 2008 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 KAReports\2008NC Reports\024muary 28\VAC 07-2743 (Advanced Auto Parts).doc