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HomeMy WebLinkAboutOrdinance 5144 Recorded : 06/03Doc ID : %20080atT11B43R56 AM Fee Amt : $30 . 00 Page 1 of 4 Nashln"ton County . AR Bette Stamps Clrcult Clerk Flle2008-00018291 ! ORDINANCE NO. 5144 AN ORDINANCE APPROVING VAC 08-2969 SUBMITTED BY CRAFTON, TULL, SPARKS & ASSOCIATES FOR PROPERTY LOCATED NORTHWEST OF QUALITY LANE AND GREGG AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT WITHIN 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 utility easement as depicted in 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 . This approval only vacates the rights of the City to utilize the subject easement, and does not in any way affect the rights of franchise utilities to install and maintain their utilities within the easement. 2. The City maintenance of the sewer line stops at manhole 1 -3 that is indicated on Exhibit "A"; from manhole 1 -3 to the west is private. Page 2 Ord. 5144 PASSED and APPROVED this 20th day of May, 2008. °���ERwTRCgSC ,, cc 000NO GUS • � : APPROVE ATTEST: c ; FAYETTEVILLE; 60 By By. , Mtt t ' f',%y�hGTON G�``�� DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer "" "" EXHIBIT O #r5 z y e- 1 9F'6Z1 M,FS.96,Z0 Skll t1iF � T �a%, o � : 0 xz - 5 ' I �I p > ELM \ \ _ 37 MANHOLES , � r I UffimA I � xamine oaoeam � { - I I n rA\ � wLOA i S N I I F a — n � ' Yri01x1a a150doaa � I w 1e8 sa"5c t1 5 Y :j I I i awwire a:rsnwaa � — - — I J L—J .m 3 s b — = oi 3 a �� e„�t - t- _ x 96'csot o3F:. �. ,£S't9Fl M.bt,SZ.ZO S n rbt ' munmwv.� �Sry y3 swuw m mrto svc�..v. o +Nrm . EXHIBIT `B" VAC 08-2969 COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW 1 /2 OF THE SE 1 /2) OF SECTION THIRTY-FOUR (34), TOWNSHIP SEVENTEEN NORTH (TWP. 17N.), RANGE THIRTY WEST (RNG. 30W.), WASHINGTON COUNTY, ARKANSAS, THENCE SOUTH 87034546"EAST 694.98 FEET; THENCE SOUTH 02025 ' 147'WEST 1381 .53 FEET TO THE NORTHWEST CORNER OF THE UTILITY AND ACCESS EASEMENT AS SHOWN ON THE EASEMENT DEDICATION PLAT RECORDED AS WASHINGTON COUNTY PLAT RECORD 0023- 00000296; THENCE NORTH 87° 13 '35"EAST 92.03 FEET ALONG THE NORTH LINE OF SAID UTILITY AND ACCESS EASEMENT TO THE POINT OF BEGINNING AND RUN THENCE SOUTH 87013 ' 35"EAST 334.41 FEET; ALONG SAID NORTH LINE OF THE UTILITY AND ACCESS EASEMENT TO THE WESTERLY RIGHT OF WAY LINE OF QUALITY LAND; THENCE SOUTH 07°04' 23"WEST 16.24 FEET; THENCE SOUTH 87013 ' 35"WEST 331 .63 FEET; THENCE NORTH 02°46'25"WEST 16.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5328 SQUARE FEET OR 0. 122 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 06/03/2008 11 :41 :56 AM and recorded in Real Estate File Number 2008-0001829 Bette Stamps - Circuit I by + w�o8 City of Fayetteville S//z o� L Staff Review Form 51 '7 City Council Agenda Items f/k7C or Contracts oualliy f uyl 20-May-08S• City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 08-2969: (Quality Lane Apartments, 289): Submitted by Crafton, Tull, Sparks, & Associates for property located northwest of Quality Lane and Gregg Avenue. The request is to vacate a portion of a utility easement on the subject property. $6.00 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 Previous Ordinance or Resolution # n/a De ent Di ec Date Original Contract Date: n/a Original Contract Number. d n/a City Attorney Received in City Clerk's i e Finance and Internal Service Director Date Received in Mayors Office ENT 7 v�� Mayo Date Comments: City Council Meeting of May 20, 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: April 29, 2008 Subject: Easement Vacation for Quality Lane Apartments (VAC 08-2969) RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance vacating a portion of a utility easement on the subject property containing approximately 0. 12 acre. BACKGROUND The subject property contains 6.43 acres, located west of Gregg Avenue, north of Sunbridge Drive, and is zoned RMF-24, Residential Multi Family. This site is developed with the Village at Scull Creek Apartments (LSD 05- 1799 Village Apartments) assisted living facility. There is a retaining wall on the site that was constructed over a section of public sanitary sewer pipe. To resolve this issue to the satisfaction of the City Engineering Division, the applicant proposes to make that section of sanitary sewer line a private line that the owner will be responsible to maintain. The Engineering Division has agreed to this resolution, and recommends approval of the vacation. However, other utility companies have requested to retain the rights for the utility easement. The applicant is requesting to vacate the City rights and maintenance to a 0. 12 acre portion of general utility easements dedicated as part of the Village at Scull Creek development, in order to allow the sanitary sewer line underneath the retaining wall to become a private sewer line under the maintenance of the property owner. This request does not vacate rights of franchise utilities to this utility easement, just the City. All other utilities would maintain rights of ingress/egress and maintenance or installation therein. DISCUSSION Notification was provided to the City with no objections to the requested utility easement vacation. This item was heard at the regular Planning Commission meeting on April 28, 2008 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 08-2969 SUBMITTED BY CRAFTON, TULL, SPARKS & ASSOCIATES FOR PROPERTY LOCATED NORTHWEST OF QUALITY LANE AND GREGG AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT WITHIN 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 utility easement as depicted in Exhibit `B" attached hereto and made apart 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 . This approval only vacates the rights of the City to utilize the subject easement, and does not in any way affect the rights of franchise utilities to install and maintain their utilities within the easement. 2. The City maintenance of the sewer line stops at manhole 1 -3 that is indicated on Exhibit "A"; from manhole 1 -3 to the west is private. EXHIBIT "B" VAC 08-2969 COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW %2 OF THE SE %2) OF SECTION THIRTY-FOUR (34), TOWNSHIP SEVENTEEN NORTH (TWP. 17N .), RANGE THIRTY WEST (RNG. 30W.), WASHINGTON COUNTY, ARKANSAS, THENCE SOUTH 87034'46"EAST 694.98 FEET; THENCE SOUTH 02025 ' 14"WEST 1381 .53 FEET TO THE NORTHWEST CORNER OF THE UTILITY AND ACCESS EASEMENT AS SHOWN ON THE EASEMENT DEDICATION PLAT RECORDED AS WASHINGTON COUNTY PLAT RECORD 0023- 00000296; THENCE NORTH 87013 '35"EAST 92 .03 FEET ALONG THE NORTH LINE OF SAID UTILITY AND ACCESS EASEMENT TO THE POINT OF BEGINNING AND RUN THENCE SOUTH 87013 ' 35"EAST 334.41 FEET; ALONG SAID NORTH LINE OF THE UTILITY AND ACCESS EASEMENT TO THE WESTERLY RIGHT OF WAY LINE OF QUALITY LAND; THENCE SOUTH 07°04'23"W EST 16.24 FEET; THENCE SOUTH 87013 '35"WEST 331 .63 FEET; THENCE NORTH 02°46'25"WEST 16.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5328 SQUARE FEET OR 0. 122 ACRES, MORE OR LESS . ayeL 11 PC Meeting of April 28, 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 : Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: �- '.-�P 'moo Updated April 29, 2008 VAC 08-2969: (QUALITY LANE APARTMENTS, 289): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located NW OF QUALITY LANE AND GREGG AVENUE. The property ' is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 6.43 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Gamer Findings: Properly and Background. The subject property contains 6.43 acres, located west of Gregg Avenue, north of Sunbridge Drive, and is zoned RMF-24, Residential Multi Family. This site is developed with the Village at Scull Creek Apartments (LSD 05- 1799 Village Apartments) assisted living facility. There is a retaining wall on the site that was constructed over a section of public sanitary sewer pipe. To resolve this issue to the satisfaction of the City Engineering Division, the applicant proposes to make that section of sanitary sewer line a private line that the owner will be responsible to maintain. The Engineering Division has agreed to this resolution, and recommends approval of the vacation. However, other utility companies have requested to retain the rights for the utility easement. Surrounding Land Use/Zoning Surrounding zoning and land use are depicted in Table I . . Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Vacant RMF-24 Residential Multi-Family Single Family HomeNacant C-2, Thoroughfare Commercial/1-1 South Heavy Commercial/Light Industrial East Apartment Complex RMF-24, Residential Multi-Family West Vacant-University Farm RA, Residential A dculture Requesl: The applicant is requesting to vacate the City rights and maintenance to a 0. 12 acre portion of general utility easements dedicated as part of the Village at Scull Creek development, in order to allow the sanitary sewer line underneath the retaining wall to become a private sewer line under the maintenance of the property owner. This request KURepons\2008\PC Reports108-April 28\VAC 08-2969 (Quality Lane).doc does not vacate rights of franchise utilities to this utility easement, just the City. All other utilities would maintain rights of ingress/egress and maintenance or installation therein. The applicant has submitted the required notification forms to the City with the results summarized below. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections. The City maintenance of the sewer line stops at manhole 1 -3 that is indicated on the prints; from manhole 1 -3 to the west is private. Transportation No Objections Solid Waste No Objections ' Recommendation: Staff recommends forwarding VAC 08-2969 to the City Council with a recommendation of approval to vacate the easement as depicted herein with the following condition: 1 . This approval only vacates the rights of the City to utilize the subject easement, and does not in any way affect the rights ,of franchise utilities to install and maintain their utilities within the easement. 2. The City maintenance of the sewer line stops at manhole .1 -3 that is indicated on the prints; from manhole I -3 to the west is private. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: April 28, 2008 Motion: Cabe Second: Winston Vote: 6-0-0 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 KARepunst2008%PC Repom=-April 28wAC 08-2969 (Quality Lvte).doc Craffon Tull Sparks March 20, 2008 arehifeaure I engineering Birmingham CWQY Roa Jesse Fulcher Ltl1e OkldMma City City of Fayetteville, Planning Department aagm„ ;,,e 113 W . Mountain Te62 WirhiU Fayetteville, AR 72701 RE: Village Apartments CTS Job No . 051098-00 Dear Mr. Fulcher: We are submitting the Easement Vacation Request for the Village at Scull Creek Apartments that we ' ve been discussing for some time . We are making this request to resolve the fact that a retaining wall on the site was constructed. over a section of sanitary sewer pipe. In resolving this with Engineering, they recommended that we make that section of sanitary sewer line a private line that the owner will be responsible to maintain . We ' ve noted our record drawings in this manner and have secured the concurrence of each of the affected City entities in order to process this request. I would like to remind you that this request is not vacating the rights to franchise utilities to install and maintain their facilities within this easement, but rather just the rights of the City to install and maintain water or sewer lines in the easement. If you have any questions or concerns, please feel free to call my direct number at (479) 878-2475. Since teven Beam, P .E. Project Manager PETITION TO VACATE PETITION TO VACATE Gl7T OI•: FAI FZIkt7LLE=S-RIOliTS TO ANEASEMENT LOCATEDIN TRACT I OF PLAT RECORD 30104-4340.1, KGVOIfW AS THE VlLLAGF, .41'ARTMENTS OR VILLAGE ,41"SCULL CREEK, CITY OF FAYETFVILLE, A"RKANSAS' TO. The Fayetteville Ci(y.Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easements hereinafter sought to be abandoned and vacated, lying in TRACT) OFPLAT RECORD 2004.-43405, .KNQWiV-AS THE VILLAGE APARMEM7S OR VILI.AGEATSCULL CREEK, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate rights to an easemenl wtitch.is described as follows: Commence at (tic northwest comer of the Nordiivest Quarter of the Southeast Quarter'0`IW V of the SE V) of :Section Thirty-four (34), Township Seventeen-North (.Teti: 17 N). Rang-e Thiry West(kuj- 30 W:), Washington. County, Arkansas, thence, South 87034'46" East 6,94.98 :fect; thence South 02°2514"- West 1381:33 feet to the. 'northwest comer of [lie Utility and. Access Easement as shown on the Easement DedicationPlatirecorded as Washington County Plat Record,0013-00000296, thence North 87°13'35" East.92'M feet along'the north line of said Utility and Access Easement to the Point Of Beguming and run. thence North 87°i 335" East 334:41 teet.aloug said north line of the Utility and 'Access Easement to the westerly right of way line ofQuality Lane' thence So ith 07004'23" West 1624 feet: thenceSouth87' 13 '35' tires[ 331.63 feet; thence North 02°462Y' West 16.00 .fc et to the Point Of Beginning, containing 5325. square feet or 0.122 acres, more or less:. That there is no abutting real estate. affected by said abandonment-of the easmicittyvithin the City of Fayeltevi(le. except that owned by Nie petitioner 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(be rights of the above described easement. The petitioners Bray that die City of Fayetteville, Arkansas. abandon and vacate the their rights to the above described easement, subject however, to the-existing utility easements as required, andNiat the-above described real estate be used for their respective benefit and. purpose as now approved by lain. Franchise Utility companies approved to operate within the City of Fayetteville will maintain .(licit.rights twft above describixl easement in order to protect their facilities located in the easement The pati ioners are making this request-due to resolve a conflict of having a privately oamed sewer line located within a public utility casement. WHEREFORE, the undersigned petitioners respectfully pray that the goveming,body,of the City:of Fayetteville, Arkansas, abandon and vacate die above described real estate; subject tosaidufilityand lsewereasemehts and.that title to said real estate sought to beabandoned:be vested in the abutting property owners as provided, bv.law, andas to that particular land the owners be free from the easements of die;public for the use of said alley. Dated AAthiss Iti"'day' ofVL,VC�-k, . 200 Yv1 • �� i�c��X .. Prinled :Name Signature Printed Name Signature Febmary 30(M Page 7