HomeMy WebLinkAboutOrdinance 5223 Doc ID : 012754990003 Tvoe : REL
Recorded : 03/ 13/2009 at 01 : 51 : 25 PM
Fee Amt : $25 . 00 Paoe 1 of 3
Nashinoton Countv . AR
Bette Stamos Circuit Clerk
Fi1e2009-00007428
ORDINANCE NO, 5223
AN ORDINANCE APPROVING VAC 09-3197 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS FOR
PROPERTY LOCATED AT 1923 JOYCE BOULEVARD TO
VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL
OF 0.05 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 tlie County.
Section 3 : That this vacation approval is subject to the Condition of Approval as follows,
and shall not be in effect until such condition is met.
,�anrmm�prrr
Any relocation of existing utilities shall be at the owner/developer's expense.
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PASSED and APPROVED this 3rd d'ay of March, 2009. _yez oa
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APPROVED: 'ATTEST: ; G * 6060- . m .�3,�
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By By:
0 ELD JO N, Mayor SONDh A E. SMITH, City Clerk/Treasurer
} tee w ry 1"
IV
MAH 11 2009
CITY OF FAYETTEVILLE
•• CITY CLERK'S OfFIGS
A fkmsas Democrat 09azette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas , (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville Ordinance 5223
March 9, 2009
Publication Charge : $91 .46
Signed: __(� -w 1'-
Subscribed and sworn to before me
This /0 day of yj clt. 2009 .
Notary Public
My Commission Expires: ja y �� p /Z �GorHA^A�;•Jq_'
0 �{ TAR�to'7. N
Do not pay from Affidavit, an invoice will be sent
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PUBOC"
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RECEIVED
MAR 11 2009
CITY OF FAYMPIUA
MYCUM OFFICE
ORDINANCE NO. $223
AN ORDINANCE APPROVING VAC 09-3197 SUB-
MITTED BY MCCLELLAND CONSULTING ENGI-
NEERS
BOULEVARD
aye evl e
BOULEVARD TO VACATE A PORTION OF A UTILITY
EASEMENT, A TOTAL OF 0.05 ACRES
WHEREAS, the City Council has the authority Afl KANSAS
L
most A.C.A. § 14-54-104 to vacate public grounds
w portions thereof which are not required for corporate purposes: and
WHEREAS, the City Council has determined that the following described gonion of the planed utile
fry easement is not required for corporate purposes:
NOW, THEREFORE, RE IT ORDAINED ET 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: ,
Sea Exhibit 'S* attached hereto and made a part hared.
Section 2: Thet a copyof this Ordinance dulycandied by the Cry Clerk along win the map attached
hereto and labeled Exhibit *A4 shall be filed In the office dine Recorder of the County and record.
ed in the Deed Records of the County ,?. ,
Section 3: That this vacation appmvel is subject to the Condition of Approval as follows, and shall
rot be in effect until such condition is mt.
Any relocation of existing utilities shall be at the ownerldeveloper's expense.
PASSED and APPROVED this 3m day of March, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, NaYm SONDRA E. SMITH, City ClarkRraaaPrer
Exhibit A is a map and may be viewed In the office of the City Clerknimasurer during normal busk
ness tours.
EXHIBIT *B'
VAC 09-3197
A PART OF THE SE 1/4 OF THE NW 1/4 OF SECTION 25, T-17-N, R-30-W, BEING MORE "ARTICU-
LARLY DESCRIBED AS FOLLOWS, TO WIT. FROM THE NE CORNER OF THE SE 1/4 OF THE NW
1/4 OF SAID SECTION 25,THENCE S2437'31'W-900.40 FEET, THENCE N87009'49'W428.10 FEET,
THENCE S2050'11'W-107.27 FEET. THENCE S41052'10'W-324.91 FEET, THENCE N48907'so.W.
91.58 FEET, THENCE N49°39'19'W-171.51 . FEET TO THE POINT OF BEGINNING. THENCE
N49°39'19'W-20.00 FEET, THENCE N4062041-E-99.76 FEET, THENCE S49°3B'190W-20.00 FEET,
THENCE S4002041'W-99.76 FEET TO THE POINT.OF.BEGINNING, CONTAINING 1995 SO. FT.
(0.05 ACRES), MORE OR LESS:- -
oR� c
City of Fayetteville Staff Review Form
City Council Agenda Items 50 ? a3
and
Contracts, Leases or Agreements
3/3/2009
City Council Meeting Date
Agenda Items Only
Jeremy Pate O' Planning Operations
Submitted By Division Department
Action Required:
VAC 09-3197: (Butterfield Trail Village, 175): Submitted by McClelland Consulting Engineers for property located at
1923 Joyce Boulevard. 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 IBJ Budget Adjustment Attached Q
Previous Ordinance or Resolution #
Department Direct Dale .
Original Contract Date:
t
47�13- 0 1 Original Contract Number:
City Atterfl Date
l 3 -09
Finance and Internal Services Director Date Received in City
Clerk's
Office
hi f Sif Dhte
Received in
Mayors Office
a or
t Dat
Comments:
Revised January 15, 2009
City Council Meeting of March 3, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
From: Jeremy C. Pate, Director of Current Planning
Date: February 10, 2009
Subject: Vacation for Butterfield Trail Village (VAC 09-3197)
RECOMMENDATION
Staff and the Planning Commission recommend approval of an ordinance vacating a
portion of a utility easement on the subject property.
BACKGROUND
Butterfield Trail Village Retirement Community is located at 1923 E. Joyce Boulevard
and is zoned RMF-24. The facility consists of approximately 350 residential units and
many amenities, including a dining hall, general store, pool, flower gardens, and art
studio for the community residents.
The applicant's request is to vacate a portion of an existing utility easement to allow for
the construction of a new dining/lodge facility.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested utility easement vacation. This item was heard at the regular
Planning Commission meeting on February 9, 2009 and forwarded by vote of 7-0-1 on
the consent agenda to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 09-3197 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS FOR
PROPERTY LOCATED AT 1923 JOYCE BOULEVARD TO
VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL
OF 0.05 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 Condition of Approval as follows,
and shall not be in effect until such condition is met.
Any relocation of existing utilities shall be at the owner/developer' s expense.
Page 2
Ord.
PASSED and APPROVED this day of 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
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EXHIBIT "B"
VAC 09-3197
A PART OF THE SE '/< OF THE NW % OF SECTION 25, T- 17-N, R-30-W, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: FROM THE NE CORNER OF
THE SE '/< OF THE NW '/ OF SAID SECTION 25, THENCE S2037131 "W-900.40 FEET,
THENCE N87009149"W428. 10 FEET, THENCE S2050' 11 "W- 107.27 FEET, THENCE
S4105211017W-324.91 FEET, THENCE N48007' 50"W-91 .68 FEET, THENCE N49039' 19"W-
171 .51 FEET TO THE POINT OF BEGINNING, THENCE N4903911917W-20.00 FEET,
THENCE N40020'4117E-99.76 FEET, THENCE S49039119"W-20.00 FEET, THENCE
S40020'41 "W-99.76 FEET TO THE POINT OF BEGINNING, CONTAINING 1995 SQ. FT.
(0.05 ACRES), MORE OR LESS.
Faye YIPC Meeting of February 09, 2009
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: F 0 Updated February 10, 2009
VAC 09-3197: (BUTTERFIELD TRAIL VILLAGE, 175): Submitted by
MCCLELLAND CONSULTING ENGINEERS for property located at 1923 JOYCE
BOULEVARD. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE
and contains approximately 25.99 acres. The request is to vacate a portion of a utility
easement.
Planner: Jesse Fulcher
Findings:
Property Description: Butterfield Trail Village Retirement Community is located at
1923 E. Joyce Boulevard and is zoned RMF-24. The facility consists of approximately 350
residential units and many amenities, including a dining hall, general store, pool, flower
gardens, and art studio for the community residents.
Request: The applicant' s request is to vacate a portion of an existing utility easement to
allow for the construction of a new dining/lodge facility that is being requested through
CUP 08-3192.
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections.
Cox Communications No Objections. Relocation of any
existing facilities shall be at the
owner/developers expense
Southwestern Electric Power Company No Objections.
Arkansas Western Gas No Objections.
Southwestern Bell Telephone No Objections.
K:1Repons\2009\PC Reports\03 - February 9\VAC 09-3197 (Butterfield Trail Village).doe
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections.
Transportation No Objections.
Solid Waste No Objections.
Engineering No Objections.
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 09-3197 to the City Council
with a recommendation of approval with the following conditions:
Conditions of Approval:
1 . Any relocation of existing utilities shall be at the owner/developer's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: Forwarded ❑ Denied ❑ Tabled
Date: February 09, 2009
Motion: Graves
Second: Cabe
Vote: 7-0-1 (Lack recused-consent agenda)
Comments:
K9Reports\2009\PC Report003 - February 9\VAC 09-3197 (Butterfield Trail Village).dm
� J
1810N. College Avenue
McCLELLAND
MCECONSULTING Box 1229
ettev111e, Arkansas 72703 / 72702-1229
ENGINEERS, lNC. PHONE: 479-443-2377
iStl FSic N4U f10 fS ER VF FAX: 479-443-9241
To: The City of Fayetteville — Planning Staff
From: McClelland Consulting Engineers
Date: December 31 , 2008
Subject: Butterfield Trail Village
Easement Vacation Submittal
Submitted for your review are exhibits illustrating a 20' LIE, within Butterfield Trail Village that we
are seeking to have vacated. The easement in question is located upon the parcel of land
currently being reviewed by the City of Fayetteville for a conditional use permit (Parcel #765-
15683-000).
As per the requirements of the Easement/Alley Vacation application, comments regarding this
easement have been gathered by all of the local utility providers. Additional supplemental
information regarding this easement vacation request are enclosed.
Please contact me at any time to discuss any questions or concerns that you may have,
Sincerely,
6bi
Leslie Tabor
McClelland Consulting Engineers
479.443.2377
479.443.9241 f
LTabor@McClelland-engrs.com
