HomeMy WebLinkAboutOrdinance 5179 Recorded : I0%10%20080atoo, : 32R30 PM
Fee Amt : $30 . 00 Paoe 1 Of 4
Mashlnoton County , AR
Bette Stamoe Cl rcult Clerk
Flle2008-00033195
ORDINANCE NO. 5179
AN ORDINANCE APPROVING VAC 08-3099 SUBMITTED
BY CRAFTON, TULL, SPARKS & ASSOCIATES FOR
PROPERTY LOCATED IN THE VANTAGE CENTER (R-PZD
05- 1543) TO VACATE A WATER EASEMENT, A TOTAL OF
0.248 ACRES, IN ORDER TO DEVELOP THE VANTAGE
CENTER R-PZD.
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 . A City Inspector shall inspect all relocation activities of the 16-inch water main.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
1�
Page 2
Ord. 5179
o `,Ft,
I III
` K/TR (� z
PASSED and APPROVED this 16th day of September, 2008. ==�v.•��TY of °G9'',
�� • • 'P .
APPROVED ATTEST: FAYETTEVILLE ;
%9sy RXANsP�J?'
By: / BY: q _ / r vO;NGTON 0
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer """
r -.-F,�,";•._ . .. . .-, . . . �.,.a ... __-.. .�.� ' 11
o EXHIBIT ..Xv -
R0ITAGE ROAO �
x or4r48- E 72a,2• 50 EXISTING RAW
L Lw
IM
-
Iq l N 02'4r48- E 10282'
FI L
1 T � I
I I Y
1
fa f sw
-
i4 J 1X6I I
s
W
j ENBRx 23'4E —1
ml J 0
wzz � r�
Y
T¢ s ' M44f
a g TTii'�ln� $
IN bl w p III Z I IMP7 er
v
:3591 4749' wI Wtly �u1
a I tt Ree hull 1723 L R 3�i
7 Wmllvt Ori faFtlxia NAR
eI )2MS
14am'
t�� 23. 8olc sfleew
S 074 48 W Jza12 131 2'
ill
t _
7zr
R{CQq A7Jn-138 _
EXHIBIT `B"
VAC 08-3099
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE 1/4 OF
THE SE 1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN NORTH (T-
17-N), RANGE THIRTY WEST (R-30-W), WASHINGTON COUNTY, ARKANSAS.
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING
17.50 FEET ON EACH SIDE OF AN EXISTING WATER LINE AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST
CORNER OF SECTION 23, T- 17-N, R-30-W; THENCE NO2°47'48"EAST 808.50 FEET;
THENCE N87017' 11 "W 148.40 FEET; THENCE SOUTH 26°27'43"W 21 .85 FEET TO THE
POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC OF A NON-
TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD
BEARING S23033 ' 55"W 308.31 FEET; THENCE S87' 17' 1 1 "E 36.90 FEET; THENCE 308.87
FEET ALONG THE ARC OF A NON-TANGENT CURVE, SAID CURVE HAVING A
RADIUS 3505 .65 FEET AND A CHORD BEARING N23047302"E 308.77 FEET; THENCE
N87017111 "W 38. 16 FEET TO THE POINT OF BEGINNING, CONTAINING 10802
SQUARE FEET OR 0.248 ACRES, MORE OR LESS.
-,
Washington County, AR
I certify this instrument was filed on
10/1012008 01 :32:30 PM
and recorded in Real Estate
File Number 2008-000331
Bette Stamps - Circuit I
by
�9,fir g �- (�,�C� c�,A,u,•„ ��g
ALDERMAN AGENDA REQUEST FORM
79
V#c 6k-35(17
va" C Get`
FOR: COUNCIL MEETING OF September 16, 2008
FROM: Bobby Ferrell '
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
VAC 08-3099 (Vantage Center)
An ordinance to vacate a portion of a waterline easement associated with
the R-PZD 05-1543 (Vantage Center) project.
APPROVED FOR AGENDA:
Alderman Bobby Ferrell Date
Je JG rRaB -os
Y I&te Date
Director of Current Planning
J
City Council Meeting of September 16, 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: September 9, 2008
Subject: Easement Vacation for Vantage Center (VAC 08-3099)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a water easement on the
subject property.
BACKGROUND
The subject property contains approximately 4.68 acres, located at the end of Shepard Lane
between Frontage Road and Steams Street. The City Council adopted an ordinance granting
approval of a Planned Zoning District (R-PZD 05- 1543) on the site on October 4, 2005. The
combination zoning and development action allowed for the development of a mixed use
development consisting of four buildings. Each of the proposed buildings would contain
6,733 SF of non-residential space, twelve two-bedroom units, and seven one-bedroom units,
for a total of 26,932 SF of non-residential space and 76 residential units. The applicant is in
the process of obtaining construction and building permits for the development. In
accordance with City Council approval to waive the expiration of the project on November
20, 2007, all building permits must be obtained by October 4, 2008. There is a 16-inch water
main and associated 35-foot wide water easement that bisects the subject property and the
proposed Vantage Center buildings. This easement must be vacated and the waterline
relocated as part of the Vantage Center development. The vacation is required to be
approved prior to the City issuing building permits for the affected buildings. The applicant
proposes to vacate the 308-foot section of easement that bisects the property (approximately
0.25 acre) and relocate the water line.
DISCUSSION
Notification to adjacent property owners is not required as the waterline easement is located
internal to the property boundaries. The City Water and Sewer Operations Division signed
the utility approval form agreeing to vacate the easement. Staff recommends the following
conditions of approval with the vacation:
• A City Inspector shall inspect all relocation activities of the 16-inch water main.
• Any relocation of existing utilities shall be at the owner/developer's expense.
BUDGETIMPACT
None.
ORDINANCE. NO.
AN ORDINANCE APPROVING VAC 08-3099 SUBMITTED
BY CRAFTON, TULL, SPARKS & ASSOCIATES FOR
PROPERTY LOCATED IN THE VANTAGE CENTER (R-PZD
05- 1543) TO VACATE A WATER EASEMENT, A TOTAL OF
0.248 ACRES, IN ORDER TO DEVELOP THE VANTAGE
CENTER R-PZD.
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 . A City Inspector shall inspect all relocation activities of the 16-inch water main.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
' os4v EXHIBIT "A" a
° RON TA _
GE ROAD 4s=
Z S0 ' EXISTING
R/
frp `sT% < _ N 02.4Y4g' E 728.17 W Y '
�.,p zs Rie1NR; Ti79.06' �\
Cl
x arertg- E 102.02• C2
I91
OF `g�
S.
' � •• ¢�m NRC � f ��
Q K
�Y Tq TL Rb f`u .
O ti{b� tom+
-
I
I F
m
LAI
Rf V <r
'Le' LAN
- 4
i I r
nn' If
omALL'
r f y
N O m I y
I ., r o
A ni O z
a O w 9 I � \
u O �
m m y f.j�iJ I =1
ffrAy. L (— NMZP4s- E mIN V4Z4r
I \
4 IR_ u 11).SC — 1 f
�R19Ii5))
LILL �, t,� f s oz ry N
!' m — � :359i
u �I f oe EoRvuu) 3a1s
u.eni< L-r. 1.us1 -- 5 u'2'a7Z9' r
f Y C 0 a.0pce En n6p5 1215 Im Rcof
d — Imw umlfd 4:, __ EPF'•(He. 44 1220 - . .
- 148.Ut _ 1 Zmtl: a-I
ZmH C-15 1T @gpM1y -
g �g S 02.4 48'_W 320.12 Y18
#y"
(^5[C § 2 FpE5 �p 11
LLt
k m� A� i uU1 �iwtD Ana-IJB _
v 0
N
EXHIBIT "B"
VAC 08-3099
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE '/4 OF
THE SE 3/4 ) OF SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN NORTH (T- 17-
N), RANGE THIRTY WEST (R-30-W), WASHINGTON COUNTY, ARKANSAS .
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING
17.50 FEET ON EACH SIDE OF AN EXISTING WATER LINE AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTHEAST
CORNER OF SECTION 23, T- 17-N, R-30-W; THENCE NO2°47'48"EAST 808. 50 FEET;
THENCE N87017' 11 "W 148.40 FEET; THENCE SOUTH 26°27'43"W 21 .85 FEET TO THE
POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC OF A NON-
TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD
BEARING S23033 ' 55"W 308.31 FEET; THENCE S87° 17' 1 l "E 36.90 FEET; THENCE 308.87
FEET ALONG THE ARC OF A NON-TANGENT CURVE, SAID CURVE HAVING A
RADIUS 3505.65 FEET AND A CHORD BEARING N23047102"E 308. 77 FEET; THENCE
N87017 ' 11 "W 38. 16 FEET TO THE POINT OF BEGINNING, CONTAINING 10802
SQUARE FEET OR 0.248 ACRES, MORE OR LESS.
PETITION
PETITION TO VACATE A WATERLINE EASEMENT LOCATED IN VANTAGE CENTER MIXED USE
DEVELOPMENT (R-PZD 05-1543) AND AS SHOWN ON EASEMENT DEDICATION PLAT FILED FOR
RECORD #023A-00000308, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned
and vacated, lying in, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is
described as follows:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE '/. OF THE SE %) OF
SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN NORTH (T-1 7-N ), RANGE THIRTY WEST
(R-30-W ), WASHINGTON COUNTY, ARKANSAS.
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING 17.50 FEET ON
EACH SIDE OF AN EXISTING WATER LINE AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 23, T-17-N , R-30-W; THENCE
N 02047'48 EAST 808 .50 FEET; THENCE N87017' 1 VW 148.40 FEET; THENCE SOUTH 26°27'43" W
21 .85 FEET TO THE POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC OF A
NON-TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD
BEARING S 23033'55"W 308 .31 FEET; THENCE S 87017' 11 " E 36 .90 FEET; THENCE 308 .87 FEET
ALONG THE ARC OF A NON-TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3505.65 FEET
AND A CHORD BEARING N 23047'02" E 308.77 FEET; THENCE N 87° 17'11 "W 38. 16 FEET TO THE
POINT OF BEGINNING , CONTAINING 10802 SQUARE FEET OR 0.248 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are VANTAGE CENTER MIXED USE
DEVELOPMENT (R-PZD 05- 1543 ) AND AS S14OWN ON EASEMENT DEDICATION PLAT FILED FOR
RECORD #023A-00000308, 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 abandoned be vested in the abutting property owners as provided by law, and as
to that partiicpcuyll�a�-r land the owners be free front the easements of the public for the use of said alley.
Dated this - I dayof , 20 Dpj .
Vantage Center, A Limited Partnership
By: Vantage-Steams, LLC, Its
Ge er 1 Partner: James E. Linfty, Manager
Pr' ned ame
1/1
Sigr c
I
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 9/3/08
UTILITY COMPANY: City of Fayetteville
APPLICANT NAME: Vantage Center, A Limited Partnership
APPLICANT PHONE: 479-521-6686
REQUESTED VACATION (applicant must check all that apply):
X Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
** Waterline easement to be vacated as shown on the attached easement dedication plat and more particularly
. described below:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE % OF THE SE Y) OF SECTION TWENTY-
THREE (23), TOWNSHIP SEVENTEEN NORTH (T-17-N), RANGE THIRTY WEST (R-30-W), WASHINGTON COUNTY,
ARKANSAS.
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING 17.50 FEET ON EACH SIDE OF AN
EXISTING WATER LINE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST
CORNER OF SECTION 23, T-17-N, R-30-W; THENCE N 02047'48 EAST 808.50 FEET; THENCE N8701711'W 148.40 FEET;
THENCE SOUTH 26027'43' W 21.85 FEET TO THE POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC
OF A NON-TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD BEARING S 23033.55-W
308.31 FEET; THENCE S 87017'110 E 36.90 FEET; THENCE 308.87 FEET ALONG THE ARC OF A NON-TANGENT CURVE,
SAID CURVE HAVING A RADIUS OF 3505.65 FEET AND A CHORD BEARING N 23047'02' E 308.77 FEET; THENCE N
8701T11'W 38.16 FEET TO THE POINT OF BEGINNING, CONTAINING 10802 SQUARE FEET OR 0248 ACRES, MORE OR
LESS .
UTILITY COMPANY COMMENTS:
* No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
* No objections provided the following conditions are met:
The existing 16" waterline is relocated per plans prepare by Cmfton, Tull & Associates, Inc. labeled Vantage Center Mixed-
use and in accordance with City of Fayetteville Waterline Specifications. p
C;\y 11 5SpajE Musk he �wi e.vvv t -;)V'L^ COntttvjj lam*) b) x k lar Ila 2M VVV%
` )Na�
'Sign`ature of Utility pany Representative
�J` + St—
Title
a
0
241
230
A N
p O
N O
4
p O ~ -i V• A
N (rJ N p O
v , O 2� O
0 W N N
OS ~
m
D
O
C
✓ < i O $
� w
o O
N
C) w A
C m
A A '
N ! l�
N `
a
p O
f 241 F
' OW
Is
•
0