HomeMy WebLinkAboutOrdinance 5275 Doc ID : 013099160004 Type : REL
Kind : ORDINANCE
Recorded : 10/00
05/2008Pace at 08 : 45 : 47 A%
Fee Amt : $30 .
Nashinoton Countv . AR 1 of 4
Bette Stamps Circuit Clerk
F14009-00031834
ORDINANCE NO. 5275
AN ORDINANCE APPROVING VAC 09-3397 SUBMITTED BY
UNIVERSITY OF ARKANSAS FOR PROPERTY LOCATED AT 10 NORTH
GARLAND TO VACATE APPROXIMATELY 59663 SQUARE FEET OF
EXISTING UTILITY EASEMENT ON THE SUBJECT PROPERTY
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 5,663 square
foot 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 5,663 square feet of utility easement as described in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached 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.
1 . Any damage or relocation of existing utilities shall be at the owner/developer's
expense.
2. A new utility easement shall be dedicated along the property' s Garland Avenue
frontage, maintaining a minimum of 10-feet from the centerline of the existing
sewer line.
Page 2
Ordinance No. 5275
PASSED and APPROVED this 15'hday of September, 2009.
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APPROVED: ATTEST: = ; FAYETTEVILLE; 3
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N D JO , Mayor SONDRA E. SMITH, City lerOTreasurer
I I — — Page 3 _..._.,_.
BIT-i% — Ordinance 5275
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Page 4
Ordinance No. 5275
EXHIBIT "B"
VAC 09-3397
EASEMENT VACATION DESCRIPTION:
THE WESTERLY 15 FEET OF LOT 24 OF J.H. MCILROY'S UNIVERSITY SUBDIVISION,
BEING ADJACENT TO THE EASTERLY LINE OF GARLAND AVE; THE WESTERLY 15
FEET OF LOTS 400, 401 , & 402 OF THE REVISED OAK PARK PLACE ADDITION,
BEING ADJACENT TO THE EASTERLY LINE OF GARLAND AVE; AND THE
WESTERLY 15' OF THE VACATED PORTION OF WEST CENTER STREET FILED FOR
RECORD AT 2001 -098176 AND DEEDED TO THE UNIVERSITY OF ARKANSAS AS
FILED FOR RECORD AT 2002-043226, BEING ADJACENT TO THE EASTERLY LINE OF
GARLAND AVE, ALL BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID LOT 402; THENCE N 02°41 '08" E ALONG
THE EASTERLY LINE OF GARLAND AVE, A DISTANCE OF 401 .32 FEET TO THE NW
CORNER OF LOT 21 OF J.H. MCILROY'S UNIVERSITY SUBDIVISION; THENCE S
2101716" E ALONG THE WESTERLY LINE OF SAID LOT 21 , A DISTANCE OF 36.92
FEET; THENCE S 02°41 '08" W ALONG A LINE THAT IS PARALLEL WITH AND 15'
EASTERLY OF THE AFORESAID EASTERLY LINE OF GARLAND AVE, A DISTANCE
OF 359.46 FEET TO THE SOUTH LINE OF SAID LOT 402; THENCE S 64° 14'04" W
ALONG THE SOUTH LINE OF SAID LOT 402, A DISTANCE OF 17.06 FEET TO THE
POINT OF BEGINNING, CONTAINING 0. 13 ACRES, MORE OR LESS.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/15/2009
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
VAC 09-3397: (University of Arkansas, 483): Submitted by the University of Arkansas for property located at 10 North
Garland Avenue. The property is zoned P-1 , Institutional. The request is to vacate a portion of an existing 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 Q Budget Adjustment Attached
I,kvL 4 OLIA 0f Previous Ordinance or Resolution #
Department Dir t r Date
p Original Contract Date:
'ryl Original Contract Number:
City Attorneyp Date
Q . �.. }..� $ • 28 Zoog Lis
Fin ce and Internal Services Director Date Received in CityClerk's Office I 1 U
/,A / 1/4 '3! -Ori
f of tall Date
Received in Omit
Mayor's Office
r pw - 9///,99
ayor Date
Comments:
Revised January '15, 2009
City Council Meeting of September 15, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council �Q
Thru : Jeremy C. Pate, Director of Development Services U'
From : Andrew Garner, Senior Planner
Date: August 25, 2009
Subject: Vacation for University of Arkansas at 10 North Garland (VAC 09-3397)
RECOMMENDATION
Staff and the Planning Commission recommend approval of vacating a portion of an
existing utility easement on the subject property.
BACKGROUND
The subject property is located at 10 North Garland Avenue. The property contains the
Phi Gamma Delta fraternity house and a parking lot.
The applicant' s request is to vacate a portion of a utility easement for construction of a
new development on the property that may conflict with the easement.
DISCUSSION
This item was heard at the regular Planning Commission meeting on August 24, 2009.
The Planning Commission voted 9-0-0 on the consent agenda to forward this vacation
request to the City Council with a recommendation of approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 09-3397 SUBMITTED
BY UNIVERSITY OF ARKANSAS FOR PROPERTY
LOCATED AT 10 NORTH GARLAND TO VACATE
APPROXIMATELY 57663 SQUARE FEET OF EXISTING
UTILITY EASEMENT ON THE SUBJECT PROPERTY
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 5,663 square
foot 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 5,663 square feet of utility easement as described in Exhibit B (attached).
Section 2 : That a copy of this Ordinance duly certified by the City Clerk along with the
map attached 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.
I . Any damage or relocation of existing utilities shall beat the owner/developer's expense.
2. A new utility easement shall be dedicated along the property's Garland Avenue frontage,
maintaining a minimum of 10-feet from the centerline of the existing sewer line.
Page 2
Ord.
PASSED and APPROVED this day of 2009.
APPROVED : ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "B"
VAC 09-3397
EASEMENT VACATION DESCRIPTION :
THE WESTERLY 15 FEET OF LOT 24 OF J . H. MCILROY'S UNIVERSITY
SUBDIVISION , BEING ADJACENT TO THE EASTERLY LINE OF GARLAND AVE;
THE WESTERLY 15 FEET OF LOTS 400, 401 , & 402 OF THE REVISED OAK PARK
PLACE ADDITION , BEING ADJACENT TO THE EASTERLY LINE OF GARLAND AVE;
AND THE WESTERLY 15' OF THE VACATED PORTION OF WEST CENTER STREET
FILED FOR RECORD AT 2001 -098176 AND DEEDED TO THE UNIVERSITY OF
ARKANSAS AS FILED FOR RECORD AT 2002-043226, BEING ADJACENT TO THE
EASTERLY LINE OF GARLAND AVE , ALL BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID LOT 402 ; THENCE N 02°41 '08" E
ALONG THE EASTERLY LINE OF GARLAND AVE , A DISTANCE OF 401 . 32 FEET TO
THE NW CORNER OF LOT 21 OF J .H . MCILROY'S UNIVERSITY SUBDIVISION ;
THENCE S 21017'16" E ALONG THE WESTERLY LINE OF SAID LOT 21 , A
DISTANCE OF 36.92 FEET; THENCE S 02°41 '08" W ALONG A LINE THAT IS
PARALLEL WITH AND 15' EASTERLY OF THE AFORESAID EASTERLY LINE OF
GARLAND AVE , A DISTANCE OF 359.46 FEET TO THE SOUTH LINE OF SAID LOT
402; THENCE S 64014'04" W ALONG THE SOUTH LINE OF SAID LOT 4029 A
DISTANCE OF 17.06 FEET TO THE POINT OF BEGINNING , CONTAINING 0. 13
ACRES , MORE OR LESS .
Ta
ye evl e PC Meeting of August 24, 2009
AnKFlNSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: ^ 1 On'000 Updated August 25 2009
VAC 09-3397: (UNIVERSITY OF ARKANSAS, 483): Submitted by the U OF A for
property located at 10 N. GARLAND AVENUE. The property is zoned P- 1 ,
INSTITUTIONAL. The request is to vacate a portion of an existing utility easement.
Planner: Andrew Garner
Findings:
Property Description: The subject property is located at 10 North Garland Street and is
owned by the University of Arkansas. The property contains the Phi Gamma Delta
fraternity house and a parking lot. There is a 15-foot utility easement that runs parallel to
Garland along the property frontage.
Request: The applicant's request is to vacate a portion of a utility easement to allow for
construction of a new development on the property that may conflict with the easement.
The applicant has submitted the required notification forms to the utility companies and
the City with the result summarized below.
UTILITIES RESPONSE
AEP/SWEPCO No Objections
Cox Communications No Objections
Arkansas Western Gas No Objections
ATT No Objections
K:\Reports\2009TC Reports\I9-August 24\VAC 09-3397 (UAI ONGarland).doc
CITY OF FAYETTEVILLE : RESPONSE
Water/Sewer; Engineering No objections, provided a new
easement is provided, maintaining a
minimum of 10-feet from the:
centerline of the existing sewer line.
Solid Waste No Objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 09-3397 to the City Council
with a recommendation of approval with the following conditions:
Conditions of Approval:
1 . Any damage or relocation of existing utilities shall be at the owner/developer's
expense.
2. A new utility easement shall be dedicated along the property's Garland Avenue
frontage, maintaining a minimum of 10-feet from the centerline of the existing sewer
line.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action : X Forwarded ❑ Denied ❑ Tabled
Date: August 24, 2009
Motion: Graves
Second : Cabe
Vote: 9-0-0
Comments: On consent agenda.
KAReports\2009TC ReponsU 9-August 24wAC 09-3397 (UA I ONGarland).dm
VAC09-3397 UNIVERSITY OF ARKANSAS
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Overview Legend
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t • ® VAC09-3397
Boundary
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RECEIVED
r • {' • rS' & f j • I •
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYE I I EVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
0CT 02 2009
CITY OF FAYEITEVILLE
CITY CLERK'S OFFICE
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 5275
September 25 2009
Publication Charge : $ 118.36
Signed:
Subscribed and ysworn to before me
This3d day of 4.y;: -G-c�, , 2009.
Notary Public _tgA—L_
My Commission Expires: ` (o, 2o11
Do not pay from Affidavit, an invoice will be sent
RECEIVED
OCT 022009
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO. 5275
• AN I ORDINANCE APPROVING YVAC AS SUB-le
PROPERTY ED BY AlY ARKANSAS RFOR
ACATE LOCATED A 10 NORTH GARLAND TO
• VACATE APPROXIMATELY 5,663 SQUARE FEET OF
EXISTING UTILITY EASEMENT ON THE SUBJECT n
PROPERTY
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 5,663 square
foot partial of the platted utility easement Is not required for corporate purposes;
NOW, THEREFORE, SE IT ORDAINED SY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARNANSASi
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the 5,663 square feet of utility easement as described in Exhibit B (attached).
(Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map
attached 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 ci Approval as follows,
and shall not be in effect until all conditions are met.
1( Any damage or relocation of existing utilities shall be at the owner/developerexpense.
2-A new utility easement shall be dedicated along the property's Garland Avenue frontage,
maintaining a minimum of 10 -feet from the centerline of the existing sewer line.
PASSED and APPROVED this 15th day of September. 2009.
APPROVED: ATTEST:
By By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Cbrk/MPwnr
Exhibit A is a map that may be viewed in the office of the City ClerlQTreasurar during nor-
mal business hours.
EXHIBIT'S'
VAC 09-3397
EASEMENT VACATION DESCRIPTION:
THE WESTERLY 15 FEET OF LOT 24 OF J.H. MCILROY'S UNIVERSITY SUBDIVISION,
BEING ADJACENT TO THE EASTERLY LINE OF GARLAND AVE; THE WESTERLY 15 FEET
OF LOTS 400, 401, & 402 OF THE REVISED OAK PARK PLACE ADDITION, BEING ADJA-
CENT TO THE EASTERLY LINE OF GARLAND AVE; AND THE WESTERLY 15OF THE
VACATED PORTION OF WEST CENTER STREET FILED FOR RECORD AT 2001.098176
AND DEEDED TO THE UNIVERSITY OF ARKANSAS AS FILED FOR RECORD AT 2002-
043226. BEING ADJACENT TO THE EASTERLY LINE OF GARLAND AVE, ALL BEING
i MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1 BEGINNING AT THE SW CORNER OF SAID LOT 402; THENCE N 02°4V08 E ALONG THE
I EASTERLY LINE OF GARLAND AVE, A DISTANCE OF 401.32 FEET TO THE NW CORNER
I OF LOT 21 OF J.H. MCILROY'S UNIVERSITY SUBDIVISION: THENCE S 21°1716' E
I ALONG THE WESTERLY LINE OF SAID LOT 21, A DISTANCE OF 36.92 FEET; THENCE S
0204108' W ALONG A LINE THAT IS PARALLEL WITH AND 15' EASTERLY OF THE AFORE.
SAID EASTERLY LINE OF GARLAND AVE. A DISTANCE OF 359.46 FEET TO THE SOUTH
.I LINE OF SAID LOT 402; THENCE S 64°1404' W ALONG THE SOUTH LINE OF SAID LOT
402, A DISTANCE OF 11.06 FEET TO THE POINT OF BEGINNING, CONTAII,JING 0.13
'ACRES, MORE OR LESS. •r
I ,