HomeMy WebLinkAboutOrdinance 5144 Recorded : 06/03Doc ID : %20080atT11B43R56 AM
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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 ,,
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APPROVE ATTEST: c ; FAYETTEVILLE;
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By
By. , Mtt t ' f',%y�hGTON G�``��
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer "" ""
EXHIBIT
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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
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