HomeMy WebLinkAboutOrdinance 5169 Doc 10
Recorded : 08/28%20080atr11B16R51 AM
Fee Amt : SS0. 00 Pace 1 of 4
Wa6l1noton Countv , AR
Bette Stamps Cl rcuit Clerk
Flle2008-00028644
ORDINANCE NO, 5169
AN ORDINANCE APPROVING VAC 08-3042 SUBMITTED
BY ALLEN JAY YOUNG DEVELOPMENT CONSULTANTS,
INC. FOR PROPERTY LOCATED NORTH OF RESEARCH
CENTER BOULEVARD AND WEST OF SOUTH SCHOOL
AVENUE TO VACATE A PORTION OF A WATER AND
SEWER EASEMENT AND A PORTION OF A DRAINAGE
EASEMENT.
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 water/sewer and drainage easements 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 water/sewer and drainage easements:
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 applicant shall coordinate with the Water and Sewer Division for installation of the
new waterline and shall dedicate an associated water and sewer easement prior to the
vacation of the existing water and sewer easement.
2. The applicant shall reroute the drainage on the subject property and dedicate an
associated drainage easement at the time of development.
Page 2
Ord. No. 5169
c`� a .\SY 0" •G�
PASSED and APPROVED this 19th day of August, 2008. �: FAYETTEVILLE
APPROVED: ATTEST: GTOtA
ys,q,QkANSP�:��
Af
"Jaumuw"
By: By:
DAN COODY, Mayor SO DRA E. SMITH, City Clerk/Treasurer
1C
Exhibit "A"
UA Research Center Vacation
VAC 08-3042
Drainage Easement
Subject F"roperty
Water and Sewer Easement
Legend
® VAC08-3042
_ EASEMENT
EXHIBIT `B"
VAC 08-3042
EASEMENT VACATION DESCRIPTION: (20' DRAINAGE EASEMENT, INST.#
97065793)
A PART OF THE SE1 /4 OF THE SWIA AND PART OF THE SWI/4 OF THE SETA OF SEC.
21 , T 16 N, R 30 W. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SEIA OF THE SWIA OF
SEC. 21 ; THENCE S 87020139" E, A DISTANCE OF 1075.61 FEET; THENCE N 02°39'21 " E,
A DISTANCE OF 589. 19 FEET SOUTHWEST CORNER OF A TRACT DESCRIBED AT
W.D.# 2006- 1012; THENCE N 09°33' 18" E ALONG THE WESTERLY LINE OF SAID
TRACT, A DISTANCE OF 236.49 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING N 09033' 18" E ALONG THE WESTERLY LINE OF SAID TRACT, A
DISTANCE OF 41 . 11 FEET; THENCE N 38°39'44" E, A DISTANCE OF 329.80 FEET TO
THE NORTHERLY LINE OF SAID TRACT; THENCE N 83°25' 18" E ALONG THE
NORTHERLY LINE OF SAID TRACT, A DISTANCE OF 28.40 FEET; THENCE S 38°39'44"
W, A DISTANCE OF 385.89 FEET TO THE POINT OF BEGINNING.
EASEMENT VACATION DESCRIPTION: (PART OF 20' WATER/SEWER
EASEMENT, BK 726, PG 451)
A PART OF THE SETA OF THE SWI /4 OF SEC. 21 , T 16 N, R 30 W. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SEI /4 OF THE SWIA OF
SEC. 21 ; THENCE S 87020'39" E, A DISTANCE OF 1075 .61 FEET; THENCE S 02°39'21 " E,
A DISTANCE OF 589. 19 FEET TO THE SOUTHEAST CORNER OF TRACT A, BK 1022,
PG736 WHICH IS THE POINT OF BEGINNING; THENCE S 86°59'23 " W ALONG THE
SOUTHERLY LINE OF SAID TRACT A. A DISTANCE OF 20. 13 FEET; THENCE N
09033118" E, A DISTANCE OF 203 .62 FEET; THENCE S 80°26'42" E, A DISTANCE OF
20.00 FEET TO THE EASTERLY LINE OF SAID TRACT A; THENCE S 09033' 18" W
ALONG THE EASTERLY LINE OF SAID TRACT A. A DISTANCE OF 201 .33 FEET TO
THE POINT OF BEGINNING.
Washington County, AR
I certify this instrument was filed on
08/29/2008 11 : 18:51 AM
and recorded in Real Estate
File Number 2008-000286 4
Bette Stamps - Circuit I
by
City of Fayetteville Staff Review Form SSI�9 �DQ$
City Council Agenda Items
and
Contracts, Leases or Agreements 7
6/19/2008 tall A5igamh
A
City Council Meeting Date C.41, 'r
�Q Agenda Items Only
Jeremy Patez§ Planning Operations
Submitted By Division Department
Action Required:
VAC 08-3042: (IJ of A Research Center, 600): Submitted by Allen Jay Young Development Consultants, Inc. for
property located north of Research Center Boulevard and west of South School Avenue. The request is to vacate a
portion of the water and sewer easement and a portion of the drainage easement on the subject property.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department ire r Date
�j Original Contract Date:
Original Contract Number:
ttorney Date
eeyr�, ity C� ` 1
4)..A 0. ,m a k •6e Jerk's Offia X I—rl X
Finance and Internal Service Director Date U lJ c�
Received in ENTERED
r° Mayor's Office
Mayor Date
Comments:
Revised April 16, 2007
�f
City Council Meeting of August 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: July 31 , 2008
Subject: Easement Vacation for UA Research Center (VAC 08-23042)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a water and sewer
easement and a portion of a drainage easement on the subject property.
BACKGROUND
The subject property is located on the University of Arkansas South Campus at the
Research Center Boulevard and South School Avenue intersection, north of Cato Springs
Road. The 20' drainage easement, located at the northwest corner of the 4.54-acre
property, contains a storm drain and drainage channel. The 20' water and sewer
easement, located along a portion of the western boundary of the property; was intended
for a waterline to serve a building located on the adjacent property, also owned by the
University of Arkansas; however, the waterline is not located within the existing
easement.
DISCUSSION
Notification was provided to the City with no objections to the requested water and sewer
easement and drain easement vacation. This item was heard at the regular Planning
Commission meeting on July 28, 2008 and forwarded by vote of 5-0-1 on the consent agenda
to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-3042 SUBMITTED
BY ALLEN JAY YOUNG DEVELOPMENT CONSULTANTS,
INC. FOR PROPERTY LOCATED NORTH OF RESEARCH
CENTER BOULEVARD AND WEST OF SOUTH SCHOOL
AVENUE TO VACATE A PORTION OF A WATER AND
SEWER EASEMENT AND A PORTION OF A DRAINAGE
EASEMENT.
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 water/sewer and drainage easements 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 water/sewer and drainage easements:
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 applicant shall coordinate with the Water and Sewer Division for installation of the
new waterline and shall dedicate an associated water and sewer easement prior to the
vacation of the existing water and sewer easement.
2. The applicant shall reroute the drainage on the subject property and dedicate an
associated drainage easement at the time of development.
Page 2
Ord.
PASSED and APPROVED this day of 2008 .
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH ; City Clerk/Treasurer
Exhibit "A "
UA Research Center Vacation
VAC 08-3042
Drainage Easement
Subject roperty
Water and Sewer Easement
-- RESCH-C-ENTE B V
Legend
VAC08-3042
EASEMENT
EXHIBIT `B"
VAC 08-3042
EASEMENT VACATION DESCRIPTION : (20' DRAINAGE EASEMENT, INST.#
97065793)
A PART OF THE SE1 /4 OF THE SW1 /4 AND PART OF THE SW1 /4 OF THE SE1 /4 OF
SEC . 21 , T 16 N , R 30 W , BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SE1 /4 OF THE SW1 /4
OF SEC. 21 ; THENCE S 87°20'39" E, A DISTANCE OF 1075 .61 FEET; THENCE N
02039'21 " E, A DISTANCE OF 589. 19 FEET SOUTHWEST CORNER OF A TRACT
DESCRIBED AT W. D.# 2006-1012 ; THENCE N 09°33' 18" W ALONG THE WESTERLY
LINE OF SAID TRACT, A DISTANCE OF 236.49 FEET TO THE POINT OF
BEGINNING ; THENCE CONTINUING N 09°33' 18" W ALONG THE WESTERLY LINE
OF SAID TRACT, A DISTANCE OF 41 . 11 FEET; THENCE N 38°39'44" E , A
DISTANCE OF 329 .80 FEET TO THE NORTHERLY LINE OF SAID TRACT; THENCE
N 83025'18" E ALONG THE NORTHERLY LINE OF SAID TRACT, A DISTANCE OF
28.40 FEET; THENCE S 38°39'44" W, A DISTANCE OF 385 .89 FEET TO THE POINT
OF BEGINNING .
EASEMENT VACATION DESCRIPTION : (PART OF 20' WATER/SEWER
EASEMENT, BK 726, PG 451 )
A PART OF THE SE1 /4 OF THE SW114 OF SEC. 21 , T 16 N , R 30 W , BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SEI /4 OF THE SW1 /4
OF SEC. 21 ; THENCE S 87°20'39" E, A DISTANCE OF 1075.61 FEET; THENCE N
02°39'21 " E, A DISTANCE OF 589. 19 FEET TO THE SOUTHEAST CORNER OF
TRACT A, BK 1022 , PG736 WHICH IS THE POINT OF BEGINNING ; THENCE S
86059'23" W ALONG THE SOUTHERLY LINE OF SAID TRACT A, A DISTANCE OF
20. 13 FEET; THENCE N 09°33' 18" W, A DISTANCE OF 203.62 FEET; THENCE S
80026'42" E, A DISTANCE OF 20.00 FEET TO THE EASTERLY LINE OF SAID TRACT
A; THENCE S 09°33' 18" W ALONG THE EASTERLY LINE OF SAID TRACT A, A
DISTANCE OF 201 . 33 FEET TO THE POINT OF BEGINNING .
I
\r [ PC Meeting of July 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: Dara Sanders, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: AA)L- 008 Updated July 29, 2008
VAC 08-3042: (U OF A RESEARCH CENTER, 600): Submitted by ALLEN JAY
YOUNG DEVELOPMENT CONSULTANTS, INC. for property located at N & W OF
RESEARCH CENTER BLVD. AND S. SCHOOL AVENUE. The property is zoned I-1 ,
HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 4.54 acres. The
request is to vacate portions of water/sewer and drainage easements.
Planner: Dara Sanders
Findings: _.
Property Description: The subject property is located on the University .of Arkansas
South Campus at the Research Center Boulevard and South School Avenue. intersection,
north of Cato Springs Road. The 20' drainage easement, located at the northwest comer
of the 4.54-acre property, contains a storm drain and drainage channel. The 20' water and
sewer easement, located along a portion of the western boundary of the property, was
intended for a waterline to serve a building located on the adjacent property, also owned
by the University of Arkansas; however, the waterline is not located within the existing
easement (see attached map).
Request: The applicant is requesting to vacate the existing drainage easement and reroute
the drainage to an alternative location. The applicant also requests to vacate the
water/sewer easement and to relocate a portion of the waterline. The required notification
forms have been submitted to the City with the result summarized below.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objection — Do not vacate until
the new water main is in service and
the new easement has been
dedicated.
Engineering No Objection
KAReports\2008TC Reports\14 - July 28\VAC 08-3042 (UA Research Center).doc
Public Comment: Staff has not received public comment.
Recommendation: Staff recommends forwarding VAC 08-3042 to the City Council
with a recommendation of approval with the following conditions of approval:
1 . The applicant shall coordinate with the Water and Sewer Division for relocation
of the waterline and shall dedicate an associated water and sewer easement prior
to the vacation of the existing water and sewer easement.
2. The applicant shall reroute the drainage on the subject property and dedicate an
associated drainage easement at the time of development.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled
Date: July 28, 2008
Motion: Graves
Second: Cabe
Vote: 5-0-1
K1Rcports\2008\PC Reports\14 - July 28\VAC 08-3042 (UA Research Center).doc