HomeMy WebLinkAboutOrdinance 5138 I Doc ID : 012274170003 TVDe : REL
!
Fee
oArde mt : 825/0/Paas IL Of 023: 29 : 33 PM
Washlnaton Countv . AR
Bette Stamos Circuit Clerk
File2008-00016416 .
ORDINANCE NO, 5138
AN ORDINANCE APPROVING VAC 08-2951 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS FOR
PROPERTY LOCATED WEST OF THE INTERSECTION OF
WEDINGTON DRIVE AND SALEM ROAD, TO VACATE A
UTILITY EASEMENT ON THE SUBJECT PROPERTY, A
TOTAL OF 5 ,997 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 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.
YfOc 06 �p
PASSED and APPROVED this 6t' day of May, 2008. s �; FHYETTEVILtE
Sze,
,•. 3
�q�,,-9Rr'jam�
APPROVED: ATTEST: 'oKANSp' o
` uuuwu "
By. By:
D -1GOOD , May r SONDkA SMITH, City Clerk/Tre'asurer
EXHIBIT "A"
.,�.il..e •.anLOT l
CIDER AFAR MINS
(SK. ]S FG )OJJ ----La— « --t°
•
ze jr
49
If
ip
J �O J ♦ ,i i . P
YS
c�Ft .. — —Nor..—P., — _� sy l _ -o �a .• s�5 I �P«` _
III y • fP ✓— — T_ E III
IT: I �f
AT yrI I P "'• P•9 n .W., ' ,f � I / s� ..
'0 e ` SS
�I ; � _- � _ F ,Si F• .J . 8�',dlj :`fit�,e �rl� I
I .- I
ELDER APARTMEN754 PC zoo)
P
I \ . 3.40ACRES f '
iN
try .`�N•.,',"D 'i o. .,' "
P —
•' lf8TOJ4p1N` , 195.$G'i• __ __
f
Yj!F • e«)�,. `Y� «I� •� �d�+P Y,d°A ,S'° «d' " R ,+`' «� +U+Ci Y'y
ARKANSAS STATE HIGHWAY 16 -
(WEDINGTON DRIVE)
Emsebme&* Vacation Arft
WAA AM 9WI.RIIC 4V 6 vfNtvE
CIE nDi QWIMy p (gI5C5Nlp ASA
O.N. MYlN51C00
ICAEO T[V "rm "vvy IIfPNAnw $11R6EY DF90pOIXf.
MD OAARM-IM MAI M IM9EIIpwIMJ
IYKnars
2 VOSSI&[ IImI WfMYAOgI
1IDrSOF 90FY /D/ArYFN'2A5
KmS➢WV %AT BWY,t, Ar Stn, SND
.Y LDC,,rSD iM wgAMry D r N Tl." PMT mvnETME SWV4 nInt; /1/I Op SCCSNN)•rIWMSIDI I6
US oll.r. MS SMNv p[o Npr DESOO MXGE O LOW&rvASMInG1pM(WIry.f6SAty5„yyQ pApilppMli
IE wrnL Aryl VO � VI: At Ln DBp166ED A5 RAl0Y!$:
F umEWI9 rmw N't 6 Am a rIE.
6M% IMS IRSfilnnkvANYR 6[WMnylrulppl nnlM9llr mf NWmW6T Np:6(6S1m Nrz:
SEAR� QAY AO A:O ANY OTq TSIpTF 9[l'DTSrE. 5 FEfr m A NYYD D1g9 Ma m SDYAIR
MITA In A1” Mq 6WND LN THE nGAm AGMQFWAr 1 oI, IILd WnrtaTp!
fmAl) AWUMSS9 STAR gOrvIAY 36(W MTWI DEMI AS DMIUECD q[G[If®)r An6grtOrwlm.MO01 N1l w19rIAr 6TM11➢d
lLUbA9516; TRNCE ALONG SAM NOM WLMQ-WAY ISNE NS)YMV1 M pA nyDp N,y,laOFtpw:rtpOrTlALY4ffi ulpN,pODp
F MAIOMDLSON pM:lllME MPMTVIG SAID NORTH R124T WYIPf. Wy VAyG'..lu,
6Ni4 PSII%I) NWWO)T,SD3U RFS M ME TM SECMING.mMTAD11Wr IoMA� mlAn. Am W¢vppwlrp VOAt
NDAEOR LESS 51"a 10 A)Ir FASFl41S, (xvTwVrSORROlRIn ot, My WfCR pI.1GT0
CMDWAIC SSTEIC AM0*1 NORM VNE. PL��SACr. AM®OAR:WiInA
EXHIBIT "B"
VAC 08-2951
A PART OF LOT 2 OF ELDER APARTMENTS AS RECORDED IN THE CIRCUIT CLERKS
OFFICE FOR WASHINGTON COUNTY, ARKANSAS, PLAT RECORD 23- 100 AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST
CORNER OF SAID LOT 2 THENCE ALONG THE SOUTH LINE OF SAID LOT 2 SOUTH
87015'30" EAST - 51 .99 FEET TO THE POINT OF BEGINNING, THENCE NORTH 2052'43"
WEST ALONG THE WEST LINE OF AN EXISTING 20 FOOT UTILITY EASEMENT AS
SHOWN ON SAID PLAT RECORD 23- 100 A DISTANCE OF 311 .94 FEET TO A POINT ON
THE NORTH LINE OF SAID LOT 2; THENCE ALONG SAID NORTH LINE SOUTH
87007' 18" EAST - 20. 10 FEET TO A POINT ON THE EAST LINE OF SAID EXISTING 20
FOOT UTILITY EASEMENT; THENCE ALONG SAID EAST LINE SOUTH 2052'43 " EAST
- 311 .89 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG
SAID SOUTH LINE NORTH 87015'30" WEST - 20. 10 FEET TO THE POINT OF
BEGINNING.
City of Fayetteville /l0/d
Staff Review Form S�
City Council Agenda Itemsor
Contracts
6-May-O8
s'�pp�s
�( City Council Meeting Date
Jeremy Pate U ' Planning Operations
Submitted By Division Department
Action Required:
VAC 08-2951 : (Shoppes at Wedington, 401 ): Submitted by McClelland Consulting Engineers for property located west of the
intersection of Wedington Drive and Salem Road. The request is to vacate 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 CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
1( - off
Department Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorne
p ,� Received in City Clerk's Office
: Doul. O - r `t - 0 - o8
Finance and Internal Service Director Date
Received 070ryors Office
E
Mayor Date
Comments:
k
City Council Meeting of May 06, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
IIIIIIIIIIIIIIIIIillillilliillillillillillillilI
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: April 16, 2008
Subject: Utility Easement Vacation for Shoppes at Wedington (VAC 08-2951 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a utility easement on the
subject property containing approximately 5,997 square feet.
BACKGROUND
The 2.24-acre property is located west of the intersection of Wedington Drive and Salem
Road. The applicant is proposing to develop a one-story retail building containing a total
of 15,750 square feet with 68 parking spaces on the property (Shoppes at Wedington LSD
08-2903).
There is a 20-foot wide utility easement that traverses north-south along the western portion
of the site that needs to be vacated in order to develop the property. The applicant is
requesting to vacate approximately 5,997 square feet of the existing 20-foot utility
easement in the western portion of the site in order to allow the development of the
Shoppes at Wedington on the property.
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 April 14, 2008 and forwarded by vote of 5-0-2 on the
consent agenda to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-2951 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS FOR
PROPERTY LOCATED WEST OF THE INTERSECTION OF
WEDINGTON DRIVE AND SALEM ROAD, TO VACATE A
UTILITY EASEMENT ON THE SUBJECT PROPERTY, A
TOTAL OF 5,997 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 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 l : 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.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
-,2
EXHIBIT "A"
,cr r
.ted i t �• i ,, , r —�
COCA APMTNLPITS
(ON. PA PC
Mf
15t ♦ I Ft
{ Il.F eN ! f1 f '^^"` f ! .`P.w_' _ :f� —J •9'3 I .
M
r1( n-- __ _'— __ —_—
. -r,- ,: rNr � P'o - ` RiC' I Pi —7
N. F s
lie
it wPr - . ,
Am
.a fa I� d Arl ! I I
I - - e%
N LOT P
ELDER APARTMENTS
w.. z3 rc loa) 4 {n- l
gra r N, �- 3.90 ACRES f ,N f�
to e
_-
i^ Peft
- - ♦ ..... aN i. rsD " ♦ . ; N9AOl♦OH" S , tAS.EP t
,f:�.Pt `f• ,fFe" .r �_t`� 1'�fi .<�r• f':,f .r,i< �t �i " � .it e0 < S'
ARKANSAS STATE HIGHWAY 16
(WEDINGTON DRIVE) \
EascMlht Vacati. n A� �
Re ml P,nxT ON com O[x[o ,.5 ,
VN. NYZZ,S1db
6rRrDxxpDamwa.ww WARIl AN m
1 . 4WINO! bNMAATcors AS PO [ 11yIpl p
vwnrersw�vnac
LOT t IN DDEp APRRRTI AS KUTNANO IN Are WN 13 Arrlw IM.sxO
.Y [M.1M be u•m[6aaM urun(S, LOT 2UUNG PMT OT TIR mv,a "MI OF secLIM 7. vmNseo 16
"I ^Nr. o SHIN. 4¢z Nm nQlm. WIDEAW .. WA51Nt51m[QIm.,AYANU. IAP£oNrgAAClr
,•a x.r IN Am nc 41 m SAIX0 OESS19EO r5 WIM2'
c EA9D[Yn Wm1 Nvrc NADC AT m -
JAAMUssI45WOnwcD "M A JNNFNGAT M IRON imc01WD,.r be OCRttxFSr RIW9InymlDr2;
-M xonnnwE. WO Aro D.rp MA'!Es¢lrona[.9L.os,[Cr ro ArwrlD SOrgx: rKn¢w2w rnw
: 5[ud x.. osays[. M73 R[r TOM K01 rm FANO ON ME NOUN NICHTK AY UM OF novAArvN�nR.
!MLLI AAJQM 5STAR NKNWAY 16(.4LINGr1N DUNE)As CUCIUSEJp DcCNfM
20 91IS; TM14r ALONG WD• ORM RIAUY-WAY UNE M r4OMA96H t6'�M14tl MIA uQfb&UA bMi,of M Axgb mp
K{ TO A HAND IRON PIN: MEQ o-PARnAci sIm NMIN MONO�Aj UM gsMC xorA.w,Mppp,Aup urz wrap�AOawnw
4Npa O2Rrl) N9'901)24N 14 MET iO M[PoPrI or wcwjmr.ANIAnIN.G ]AD A(O[5, mMr. xm w.nev lm WM.
r94 ORA &staxR 10 Wr ct EYWr UMWNr5ION USIRIET n
11LGV'O¢HKT. rA %MIbJF' u' o
r N.VU
NwOru4 MIT" xAp6; xulm 2OC.
EXHIBIT "B"
VAC 08-2951
A PART OF LOT 2 OF ELDER APARTMENTS AS RECORDED IN THE CIRCUIT CLERKS
OFFICE FOR WASHINGTON COUNTY, ARKANSAS, PLAT RECORD 23- 100 AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST
CORNER OF SAID LOT 2 THENCE ALONG THE SOUTH LINE OF SAID LOT 2 SOUTH
87015'30" EAST - 51 .99 FEET TO THE POINT OF BEGINNING, THENCE NORTH 2052'43"
WEST ALONG THE WEST LINE OF AN EXISTING 20 FOOT UTILITY EASEMENT AS
SHOWN ON SAID PLAT RECORD 23- 100 A DISTANCE OF 311 .94 FEET TO A POINT ON
THE NORTH LINE OF SAID LOT 2; THENCE ALONG SAID NORTH LINE SOUTH
87007' 18" EAST - 20. 10 FEET TO A POINT ON THE EAST LINE OF SAID EXISTING 20
FOOT UTILITY EASEMENT; THENCE ALONG SAID EAST LINE SOUTH 2°52'43 " EAST
. 311 .89 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG
SAID SOUTH LINE NORTH 87015'30" WEST - 20. 10 FEET TO T14E POINT OF
BEGINNING.
� 1 .
Ta �� PC Meeting of April 14, 2008
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: AV41- 8A8 Updated April 16, 2008
VAC 08-2951 : (SHOPPES AT WEDINGTON, 401): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located at N & W OF WEDINGTON AND
SALEM ROAD, W OF THE BANK OF THE OZARKS. The property is zoned C- 1 ,
NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The
request is to vacate a 5,997 square feet of a utility easement within the subject property.
Planner: Jesse Fulcher
Findings:
Property Description and Background: The 2.24-acre property is located west of the
intersection of Wedington Drive and Salem Road. The applicant is proposing to 'develop
a one-story retail building containing a total of 15,750 square feet with 68 parking Spaces on
the property (Shoppes at Wedington LSD 08-2903). There is a 20-foot wide utility easement
that traverses north-south along the western portion of the site that needs to :be vacated in
order to develop the property.
Request: The applicant is requesting to vacate 5,997 square feet of the existing 20-foot
utility easement in the western portion of the site in order to allow the development of the
Shoppes at Wedington on the property. An exhibit showing the proposed vacated area
has been provided by the applicant and is attached to this report.
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
K:\Reports12008V'C Report\07-April HVAC 08-2951 (Shoppes at Wedington).doc
Arkansas Western Gas No Objections
AT&T Arkansas No Objections. The signed
concurrence must be recorded at the
Washing County Circuit Clerk.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Recommendation: Staff recommends forwarding VAC 08-2951 to the City Council
with a recommendation of approval to vacate the easements as depicted herein with the
following condition:
1 . The utility easement vacation concurrence signed by AT&T must be recorded at
the Washington County Circuit Clerk. (ReceivedApril 15, 2008)
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission.Action: Forwarded ❑ Denied O . Tabled
Date: April 1.4, 2008
Motion: Graves
Second: Winston
Vote: 5-0-2 (Lack and Trumbo recused)
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
Date
KAReports\2008\PC Reports\07-April 14\VAC 08-2951 (Shopper at Wedington).doc
l
MCCLELLAND 1810 N. College Avenue
P.O. BOX 1229
MCECONSULTING Fayetteville, Arkansas 72703172702- 1229
ENGINEERS, INC. PHONE: 479-443-2377
o'eu:cH'en ;-r"o ,"tiuN,c :+ FAX.' 479-443-9241
March 4, 2008
City of Fayetteville
Planning Division
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: Lot 2 Elder Apartments, Wedington Drive
Easement Vacation Request
(LSD 00-2903, Wedington Retail Center)
Dear Planning Staff,
Submitted for your approval is an easement vacation request for the above-mentioned
project. Our client, Bank of the Ozarks is seeking to have the easement in question
vacated (please see attached supplemental information). In accordance with the easement
vacation application checklist, I have included the following with this submittal:
application fee, legal description of easement to be vacated and corresponding survey,
abstractor's certificate of ownership, two sets of mailing labels, copy of the plat of
record, and a petition to vacate. Notification of this request has been sent to the adjacent
property owners via certified mail.
As comments from the governing utility companies arrives, I will forward them along to
the Planning Division at my earliest available opportunity.
Please review the attached information and let me know if you have any
questions/concerns, or need any additional information at this time.
Sincerely,
Leslie Munzner
McClelland Consulting Engineers, Inc
443-2377
munznerCMcClell and-engrs.com
January 25, 2008
City of Fayetteville
Planning Commission and City Council
113 West Mountain Street
Fayetteville, Arkansas 72701
RE:
Petition to Vacate an Easement
Located in Lot 2 of Elder Apartments
City of Fayetteville, Arkansas
We, the undersigned, being all the owners of the real estate abutting the easement
hereinafter sought to be abandoned and vacated, lying in Lot 2 of Elder Apartments, City
of Fayetteville, Arkansas, a municipal corporation, petition o vacate an easement which is
described as follows:
A part of Lot 2 of Elder Apartments as recorded in the Circuit Clerks Office for
Washington County, Arkansas, Plat Record 23 - 100 and being more particularly described
as follows: From the Southwest Corner of said Lot 2 thence along the South line of said
Lot 2 South 87 degrees 15 ' 30" East — 51 .99 feet to the POINT OF BEGINNING, thence
North 2 degrees 52' 43" West along the West line of an existing 20 foot utility easement
as shown on said Plat Record 23- 100 a distance of 311 .94 feet to a point on the North line
of said Lot 2; thence along said North line South 87 degrees 07' 18" East — 20. 10 feet to a
point on the East line of said existing 20 foot utility easement; thence along said East line
South 2 degrees 52 ' 43 " East — 311 .89 feet to a point,on the South line of said Lot 2;
thence along said South line North 87 degrees 15 ' 30" West — 20. 10 feet to the POINT
OF BEGINNING.
That the abutting real estate most directly affected by the abandonment of the easement
are Lot 1 & 2 of Elder Apartments, City of Fayetteville used by the public for a period of
many years, and that the public interest and welfare would not be adversely affected by
the abandonment of the portion of the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas abandon and vacate the above
described real estate, subject, however, to the existing utility easements and sewer
easements as required, and that the above described real estate be used for their
respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting
property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of
the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject to said utility and sewer easements, and that title to said real estate sought to be