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Home My WebLink AboutOrdinance 5201 Doc ID : 012632830003 Tvoe : REL Recorded : 12/23/2008 at 02 : 30 : 52 PM Fee Amt : $25 . 00 Pace 1 of 3 Washinaton County . AR Bette Stamps Circuit Clerk File200840039831 ORDINANCE NO. 5201 AN ORDINANCE APPROVING VAC 08-3136 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS FOR PROPERTY LOCATED AT CMN BUSINESS PARK II, LOTS 8 AND 14, NORTHEAST CORNER OF STEELE BOULEVARD AND VAN ASCHE DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 0.61 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 be at the owner/developers expense. TR .` 00 \T Y •C • sG�% PASSED and APPROVED this 2nd day of December, 2008. r, : G ` • �'�'; APPROVED : ATTEST: _ : FAYETTEVILLE ; �z�• • , 9� %9Rkd NS c o Jam``: By: By: '` unuuu "` DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer IT,I 9 I � ) I I I EXHIBIT lvAvv -a W, ' ..� / 1 it gig i 50 6c l m mrA 6 EXHIBIT `B" VAC 08-3136 A PART OF LOTS 8 AND 14 OF CMN BUSINESS PARK II, PHASE I TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SAID LOT 8,THENCE NORTH 2000150" EAST ALONG THE EAST LOT LINE OF SAID LOT 8 A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, THENCE NORTH 87031 ' 14" WEST - 20.00 FEET TO A POINT ON THE WEST LINE OF AN EXISTING 20 FOOT PLATTED UTILITY EASEMENT; THENCE ALONG SAID WEST LINE NORTH 2014'58" EAST - 670.36 FEET TO A POINT ON THE SOUTH LINE OF A DEED RESTRICTION AREA AS SHOWN ON CMN BUSINESS PARK II, PHASE I SUBDIVISION PLAT; THENCE SOUTH 80° 16'49" EAST - 20. 17 FEET TO A POINT ON THE WEST LOT LINE OF SAID LOT 14; THENCE CONTINUING SOUTH 801649 EAST 20. 17 FEET TO A POINT ON THE EAST LINE OF AN EXISTING 20 FOOT PLATTED UTILITY EASEMENT, SAID POINT BEING ON THE SOUTH LINE OF A DEED RESTRICTION AREA AS SHOWN ON CMN BUSINESS PARK II, PHASE I SUBDIVISION PLAT; THENCE ALONG THE EAST LINE OF SAID EXISTING 20 FOOT PLATTED UTILITY EASEMENT SOUTH 2014'59" WEST - 665 .27 FEET; THENCE NORTH 873114 WEST 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.61 ACRES, MORE OR LESS. Washi� ngton County, AR I certify this instrument was filed on 12/23/2008 02:30:52 PM and recorded in Real Est File Number2008-0003 3 Bette Stamps - Circ it r by City of Fayetteville Staff Review F O feel &10 City Council Agenda Items 5� 0 and Contracts, Leases or Agreements V46 0- 3136 12/2/2008 eMN &*APti City Council Meeting Date i°ax'K Agenda Items Only Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 08-3136: (CMN Business Park II, 173): Submitted by McClelland Consulting Engineers for property located at CMN Business Park II, Lots 8 and 14, northeast corner of Steele Boulevard and Van Asche Drive. 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 Sin Previous Ordinance or Resolution # Department Director Date / r Original Contract Date: Original Contract Number: City-A rney Date Received in City "!W"' Clerk's Office Finance and Internal Service Director Date Received in QEKTErN � Mayor's Office8 /%�� rn & Mayor Date Comments: Revised April 16, 2007 City Council Meeting of December 02, 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 Datc: November 13 , 2008 Subject: Utility Easement Vacation for CMN Lots 8 & 14 (VAC 08-3136) RECOMMENDATION Staff recommends approval of an ordinance vacating a portion of a utility easement on the subject property. BACKGROUND The subject property consists of Lot 8 and Lot 14 of CMN II Phase I and II respectively. The lots are located at the northeast corner of Van Asche Drive and Steele Boulevard and are currently undeveloped. The 0.61 -acre easement is centered on the lot line between lots 8 and 14 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 easement vacation. This item was heard at the regular Planning Commission meeting on November 10, 2008 and forwarded by vote of 7-0-0 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 08-3136 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS FOR PROPERTY LOCATED AT CMN BUSINESS PARK II, LOTS 8 AND 14, NORTHEAST CORNER OF STEELE BOULEVARD AND VAN ASCHE DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 0.61 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 be at the owner/developers expense. PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIRIT "ART Ems; : I i m � I J b o NON ig nt i hm it c % r sR ;Eloo m � N $ P m J < N N EXHIBIT "B" VAC 08-3136 A PART OF LOTS 8 AND 14 OF CMN BUSINESS PARK II, PHASE I TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : FROM THE SOUTHEAST CORNER OF SAID LOT 8,THENCE NORTH 200150" EAST ALONG THE EAST LOT LINE OF SAID LOT 8 A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, THENCE NORTH 87°31 ' 14" WEST - 20.00 FEET TO A POINT ON THE WEST LINE OF AN EXISTING 20 FOOT PLATTED UTILITY EASEMENT; THENCE ALONG SAID WEST LINE NORTH 2014'58" EAST - 670.36 FEET TO A POINT ON THE SOUTH LINE OF A DEED RESTRICTION AREA AS SHOWN ON CMN BUSINESS PARK II , PHASE I SUBDIVISION PLAT; THENCE SOUTH 801649" EAST - 20. 17 FEET TO A POINT ON THE WEST LOT LINE OF SAID LOT 14; THENCE CONTINUING SOUTH 801649 EAST 20. 17 FEET TO A POINT ON THE EAST LINE OF AN EXISTING 20 FOOT PLATTED UTILITY EASEMENT, SAID POINT BEING ON THE SOUTH LINE OF A DEED RESTRICTION AREA AS SHOWN ON CMN BUSINESS PARK II, PHASE I SUBDIVISION PLAT; THENCE ALONG THE EAST LINE OF SAID EXISTING 20 FOOT PLATTED UTILITY EASEMENT SOUTH 214'59" WEST - 665 .27 FEET THENCE NORTH 873114 WEST 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.61 ACRES, MORE OR LESS. Faye LTev11 PC Meeting of November 10, 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: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Never ber4-2008 Updated November 13, 2008 VAC 08-3136: (CMN Business Park II, Lots 8 & 14): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at CMN BUSINESS PARK, LOTS 8 & 14, NE CORNER OF STEELE BLVD. AND VAN ASCHE DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 22.75 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 consists of Lot 8 and Lot 14 of CMN II Phase I and II respectively. The lots are located at the northeast comer of Van Asche Drive and Steele Boulevard and are currently undeveloped. The 0.61 -acre easement is centered on the lot line between lots 8 and 14 and contains no existing utility lines. Request: The applicant is requesting to vacate a portion of the existing 40' 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. CITY OF FAYETTEVILLE: RESPONSE K:%epom\2008U'C Reports\21- November IO\VAC 08-3136 (CMN Lots 8_14).doc Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: Staff has not received public comment. Recommendation: Staff recommends forwarding VAC 08-3136 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 D Tabled Date: October 13, 2008 Motion: Winston Second: Lack Vote: 7-0-0 (consent agenda) KAReports\2008TC Reports121- November 10\VAC 08-3136 (CMN Lots 8_14).doc Oct . 21 . 2008 3 : 01 PM No. 582.8 P. 2' IT HATY APPROVAL FORM FOR RIGAT- 0I6 WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Dates 091PSJo8 vtnilycom,party &mmm Applicant Name: K%e MWM (McCWUand ConsulUM Engineers) Apphcud Fhamc 478443,2377 REQUESTED VACATION (gTlimnt must ckuk aII that apply). Q 'UtilityEasemettt Rigldo€way for alley or street and allutility easements located w4dn the vacated right. of~ way. Sheet:igb� way I bavebeen notified of the petition to vacate the following (alley, easement, right-ohway), described as follow* General huaftu/Address (referring to attached doenmeo. most be completed") (ATI'Aaf kgal Amgphm andgraphie frptWWWiwr oJwhat is hffV q vacaead�MMVEY) UTX'(.ITYCOMPANY CObDdSN 5e No objections to the vacation(s) descnbed above CajoiVo objections to the vacation(s) desmbed above provided following described eattemeats are ret9ned. (State the location, dimeadons, and purpose below.) 5 ✓ No objections provided the toIIowutg cmulitlorn are met: AtQ: - time of UMftgZ6up&ny Representative ride w �S 09-. )G ; `, 2 : 12PM ; 0 ; 4796844617 # 2/ 2 UTELITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY,AND UTIIM EASEMENT VACATIONS Date: 0912 6 UtrlttyComparry -�? zKs ( EC`I"R 1 C. ApplicantName: Mlle Morgan (McClelland Consulting Engineers) Applicant Phone: 479443.2377 REQUESTED VACATION (9plicmdmast dmkalf rfiatapply): Utility Eateotmt Rig "i-way for alley or sheets and aU utility easements located within the vacated rlght- oF way. 0 fie' Sheet aghtmok"y I have been notified of the petition to vacate the following (alley, east nat4 rightaFway), described as follows: Gcuerai location/Address (referring to attached docameat` must be completed") (ATTACH legal descr"on and gnWhic rcpmwaahm of mlwt is being awated4 IRFM UTRM COMPANY CON045M; No objections to the vacation(s) described above. 'Th + % 15 I AJ Ac P Se �Vi t t lRC! 0 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, Sipq&MUtility Company Representative ,�- cqc( TStie Page3