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Home My WebLink AboutOrdinance 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. ;�� G�TYO,c•, .p % .U • i�-OZ APPROVED: ATTEST: = ; FAYETTEVILLE; 3 G ` ` " ;, TON N D JO , Mayor SONDRA E. SMITH, City lerOTreasurer I I — — Page 3 _..._.,_. BIT-i% — Ordinance 5275 I LEGEND + I I FOUND MONUMENT i O SET MONUMENT • WATER METER I Yn 1pf " TN WATER VALVE m TO-MOWPEDESTAL G45 O FIRS METER FIRE LfYDRANT Ta ATR COMMONNO I \ Y ELECTRIC METER I 9 I \ a ELEICTRIC Box wr xo �k, LmHT POLE AY POWER POLE i 9 ORNAMENTALLIGHT 7 SAM ARY SEWER g I g 3b 4 SIGN POLE �u9tt ayopmwMmixwo a .\ .� I Z4 \ — SAMTARY SEWER LME wa�mn �mmavf w.r h[a q WATER UNE aw.aca[m�m ouAvc'Kivn'a '� AS `.p,T' 9 \ ' ' GIBS UNE .vrwaas 0aOVERHEAD na ro aaU 0. A ELOMW UNE OVERmEAD IEIEALpFE INE OVERHEAD \ CABLE TV UNE tMERFRDUM TELEPHONE LM �4y ° UNDERGROUND "4hy ELECTRIC UNE I I \ VACATED EASEMENT / b I ® I y / bI qp 14'04' 17 RWd � EpI T3 BI LN D68FOTmm \ \ MARYIANO STREET TR rte enI � . 50 1100 GRAPHIC SCALE V +t) 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 f I . I r LEGEND I • / • FOUND MONUMENT O SET MONUMENT • WATER METER I I im x� W WATER VALVE m TBB410W PEDESTAL O CJS METER 9 ' ~ o- FIRE HYDRANT / 61 NR CONDITIONING ® ELECTRIC METER . 0 ELECTRIC RDx UGHT POLE sb b POWER POLE 'g?,54, 0 ORNAMENTAL11GHf SANRARY SEWER MANHOLE +Y, + ?5:,a - -L SKIN POLE g ® I - � -��. • TS —a— SANITARY SEWER UNE p .� d= o��P \ g $ aa; MI so+w d M •uL �.uoYS f� {9 \ I --M— WATER UNE +L'AOHI4 0: SLW M+ L1U➢ Al .m o Fka — GAS UNE K wBtC, oRm ro drtnvn or — �w wR.mu (ex Tea. a nx1 4, U cn ��, OVERHEAD ELECTRIC LOT 19 I OVERHEADLINE TELEPHONE UNE I OVERHEAD I{ \ CAME TV UNE UNDERGROUND TELEPHONE LINE • A° ° " 1,� '� ,� „ UNDERGTKRIND ELECTRIC UNE I I \ y VACATED IISE po as \ / \ r I wx ,a, I V•q+ i 1 I � � S '14'04' 17.06' >n EY 3s° �H RT M E9 toe X-C al LG LEF Py_F L \ \ a + o MARYLAND STREET � . 0 50 100 f h its 1�1 GRAPHIC SCALE 1 I 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