HomeMy WebLinkAboutOrdinance 5193 Doc ID : 012612320003 TVDe . REL
Recorded : 12/09/2008 at 11 : 42 : 43 AM
Fee Amt : 128 . 00 Face 1 of 3
Washlnot0 County . AR
Bette Stews Circuit Clerk
F11e200840038553
ORDINANCE NO, 5193
AN ORDINANCE APPROVING VAC 08-3109 SUBMITTED
BY MORRISON-SHIPLEY ENGINEERS, INC. FOR
PROPERTY LOCATED AT 3351 W WEDINGTON DRIVE TO
VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL
OF 0.08 ACRES.
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 . Any relocation or damage to existing facilities shall beat the owner/developers expense.
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PASSED and APPROVED this 6`h day of November, 2008. ,
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APPROVED: ATTEST: = ; FAYETTEVILLE ;
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By: By ��`'y.�t`GTON GAJ°.
DAN COODY, Mayor ,89 NQ /$])c# #�/, ,gi�/ �,{�rk/Yp@dgJrk/ `"' wrruu o,
Deputy City Clerk
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EX IBIT OWN
Commencing At The Soatrtdast Corner Of Tract
S; Thence North 841°20'01 ", 15.00 Feet To The
Point Of Beginning; Thence North 8a620'01 ",
246.05 Feet; Thence North 00006'00", East,
15.00 Feet; Thence South 8q020'01 ", East,
245.57 Feet; 'thence South 005258", 1 .49 Feet;
Thence South 00°08'00", West, 13.60 Feet To
The Point Of Beginning Containing 0.08 Acres 100 0 100
More Or Less .
Scale In Feet
NEDINOTON DRIVE
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VacationRequest I
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MOR
RISON SHIPLEY EASEMENT VACATION EXHIBIT „
i ENGINEERS SURVEYORS
W.Wb
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Fayetteville, Washington County, Arkansas ,
EXHIBIT `B"
VAC 08-3109
PART OF TRACT B OF THE LOT SPLIT TO THE CITY OF FAYETTEVILLE, ARKANSAS
RECORDED AS DOC. #96068085 IN THE CURCUIT CLERK'S OFFICE OF WASHINGTON
COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TRACT B NORTH 89°20'01 " WEST,
15 .00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89020'01 " WEST, 246.05
FEET; THENCE NORTH 00006'00" EAST, 15.00 FEET; THENCE SOUTH 89020'01 " EAST,
245 .57 FEET; THENCE SOUTH 18°52'58"EAST, 1 .49 FEET; THENCE SOUTH 00°08'00",
WEST, 13 .60 FEET TO THE POINT OF BEGINNING CONTAINING 0.08 ACRES MORE
OR LESS.
Washington County. AR
I certify this instrument was filed on
12/09/2008 11 :42:43 AM
and recorded in Real Estate
File Number 2008-000385 3
Bette Stamps - Circuit e
by
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City of Fayetteville Staff Review Form 16 �D�
City Council Agenda Items {/93
and J
Contracts, Leases or AgreementsU Gg-31 GQ
11/4/2008
City Council Meeting Date
Agenda Items Only
Jeremy PatePlanning Operations
Submitted By Division Department
Action Required:
VAC 08-3109: (FOREST HILLS PZD, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property
located at 3351 WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT
and contains approximately 0.08 acres. The request is to vacate a portion of a utility 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 #
i'=
rtment irector Date
) Original Contract Date:
- I 7 Original Contract Number:
City Attorney Date
Q Received in City
�ny
\ OA Q. td.a,.)..� 10 - Z4 - a$ Clerk's Office
Finance and Internal Service Director Date
Received in ENT
��� Mayor's Office °� o
Ma or Date
6
Comments:
Revised April 16, 2007
City Council Meeting of November 04, 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: October 14, 2008
Subject: Utility Easement Vacation for Forest Hills PZD (VAC 08-3109)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a utility easement on the
subject property.
BACKGROUND
The subject property is located south of the intersection of Wedington Drive and Salem
Road. The 0.08-acre utility easement is part of an approximately 82.39-acre property that
was rezoned to R-PZD 07-2793 Forest Hills by the City Council on June 03, 2008.
The 15 ' utility easement is located at the northeast corner of the overall Forest Hills
development and contains no existing utility lines.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested sewer easement vacation. This item was heard at the regular
Planning Commission meeting on October 13, 2008 and forwarded by vote of 6-0- 1 on the
consent agenda to recommend this vacation request to the City Council. Staff recommends
the following conditions of approval with the vacation:
1 . Any relocation or damage to existing facilities shall be at the owner/developers
expense.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 08-3109 SUBMITTED
BY MORRISON-SHIPLEY ENGINEERS, INC. FOR
PROPERTY LOCATED AT 3351 W WEDINGTON DRIVE TO
VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL
OF 0.08 ACRES.
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 . Any relocation or damage to existing facilities shall beat the owner/developers expense.
Page 2
Ord.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
i
EXHOBIT "Awl
Commencing At The Soutrl�ast Corner OF Tract
5; Thence North 89 °20'01 ", 15.00 Feet To The
Point OF Beginning; Thence North 89020'01 ",
246.05 Feet; Thence North 0000600", East,
15 .00 Feet; Thence South 89 °20'01 ", East,
245.51 Feet; Thence South 0052 '58", 1 .49 Feet;
Thence South 00°08'00", West, 15.60 Feet To
The Point Of Beginning Containing 0.08 Acres 100 0 100
More Or Less .
Scale in Feet
WEDINOTON DRIVE
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SidIlL. a 0\
i boc Aeh ��`\
960 8085\ 2 6
a
15Utility Easement \ N0
p Vacation Request -�
p 589020'01 "E 245 .57'
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in N89 °20'01 "W 246.05 '
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MORRISONSHIPLEY EASEMENT VACATION EXHIBIT ,
ENGINEERS • SURVEYORS
WM3
Fayetteville, Washington County, Arkansas
EXHIBIT "B"
VAC 08-3109
PART OF TRACT B OF THE LOT SPLIT TO THE CITY OF FAYETTEVILLE, ARKANSAS
RECORDED AS DOC. #96068085 IN THE CURCUIT CLERK'S OFFICE OF WASHINGTON
COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TRACT B NORTH 89°20'01 " WEST,
15.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°20'01 " WEST, 246.05
FEET; THENCE NORTH 00°06'00" EAST, 15.00 FEET; THENCE SOUTH 89°20'01 " EAST,
245.57 FEET; THENCE SOUTH 18°52'58"EAST, 1 .49 FEET; THENCE SOUTH 00°08'00",
WEST, 13 .60 FEET TO THE POINT OF BEGINNING CONTAINING 0.08 ACRES MORE
OR LESS.
1 1
0
TayeVI
PC Meeting of October 13, 2008
KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain SL
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: ^e'er '�W& Updated October 14, 2008
VAC 08-3109: (FOREST HILLS R-PZD, 440): Submitted by MORRISON-SHIPLEY
ENGINEERS, INC. for property located at 3351 WEDINGTON DRIVE. The property is
zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains
approximately 0.08 acres. The request is to vacate a portion of a utility easement on the
subject property.
Planner: Jesse Fulcher
Findings:
Property Description: The subject property is located south of the intersection of
Wedington Drive and Salem Road. The 0.08-acre easement is part of an approximately
82.39-acre property that was rezoned to R-PZD 07-2793 Forest Hills by the City Council
on June 03, 2008. As part of the large scale development plan submitted for Wal-Mart
Neighborhood Market, the applicants have submitted three vacation requests and a
property line adjustment. The subject 15 ' utility easement is located at the northeast
corner of the overall Forest Hills development and contains no existing utility lines.
Request: The applicant is requesting to vacate the existing 15 ' utility easement. The
applicant has submitted the required notification forms to the utility companies and to the
City with the results summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objection.
Arkansas Western Gas No Objections
AT&T Arkansas No Objections.
KARcports\2008\PC Reports\19October 13\VAC 08-3109 (Fomst Hills PZD_utility =crncnt).doc .
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Public Comment: Staff has not received public comment.
Recommendation: Staff recommends forwarding VAC 08-3109 to the City Council
with a recommendation of approval with the following conditions:
1 . Any relocation or damage to existing facilities shall be at the owner/developers
expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: Forwarded O Denied O Tabled
Date: October 13. 2008
Motion: Lack
Second: Graves
Vote: 6-0-1 (Trumbo recused)
KAReports\2008\PC Reports\19-October 13\VAC 08-3109 (Forest Hills PZD_utility emement).doc
MORRISON
SHIPLEY
ENGINEERS • SURVEYORS September 4, 2008
City of Fayetteville
Planning Division
125 W. Mountain St.
Fayetteville, AR 72701
Attn: Jeremy Pate
Re: Utility Easement Vacation Request
Forest Hills Development
Dear Jeremy,
On behalf of the property owner, Forest Hills Partners, LLC, we respectfully request to vacate a
15' utility easement located on the southern property line of Thetford Photography. This
easement was dedicated with a lot split filed in 1996. Forest Hills Partners is proposing to
reconfigure lot lines with a lot line adjustment. After speaking with the utility companies, it
appears that there are no existing utility lines in the easement. If lines do exist, the developer
will relocate them to serve his development and new easements will be granted.
According to the vacation application we are to send out a public notice to all owners adjacent
to the easement to be vacated. The utility easement is located internally in the subject property
which is owned by Forrest Hills Partners. The only property owner adjacent to the utility
easement is The City of Fayetteville. After talking with Jan Gamble we were told that
surrounding owners notifications do not need to be dispersed since the vacation is located
internally in the property.
If at all possible, we would like to keep the vacation request on the same schedule as the lot line
adjustment, large scale development plans, and public improvement plans which are being
submitting concurrently.
If you have any questions or need additional information, please do not hesitate to contact me
at (479)273-2209.
Sincerely,
Morrison-Shipley Engineers, Inc.
Heather 9. Robason,,P. .
Project Manger
2407 S. E. Cottonwood Street
Bentonville, AR • 72712
479. 273 .2209 • Fax 479 . 273. 2553
morrisonshipley. com