HomeMy WebLinkAboutOrdinance 5383 DocID: 013905500003 Type. REL
Kind: ORDINANCE
FeeoAM $25/0/Paae 1tof3319:58 PM
Nashinpton Countv. AR
Bette Stamps Circuit Clerk+ Q
F1192011-00006082
ORDINANCE NO. 5383
AN ORDINANCE APPROVING VAC 10-3707 SUBMITTED BY CEI
ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2396
NORTH COLLEGE AVENUE, TO VACATE AN EXISTING SEWER
EASEMENT ON THE PROPERTY,AS DESCRIBED HEREIN.
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 sewer 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 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 Condition of Approval as follows,
and shall not be in effect until such condition is met:
1. The vacation of the existing 10' sewer easement shall not be accepted until the
required 15' sewer easement is dedicated along the southern property line.
PASSED and APPROVED this 3`d day of February, 2011.
APPROVED: ATTEST:
;FAYEffE ILLF
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By-
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By: By:
jj�IONELDD J ,Mayor SONDRA E. SMITH, City Clerk/TreasRfO
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EXHIBIT "B"
VAC 10-3707
10' SEWER RIGHT-OF-WAY VACATION
A PORTION OF THE 10' SEWER RIGHT-OF-WAY DEDICATED TO THE CITY OF
FAYETTEVILLE AS RECORDED IN DEED BOOK 535, PAGE 287 IN THE PUBLIC
RECORDS OF WASHINGTON COUNTY, ARKANSAS, LYING IN THE E 1/2 OF THE
FRACTIONAL NW 1/4 OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST,
BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE CALCULATED NORTHWEST CORNER OF SAID E 1/2;
THENCE ALONG THE NORTH LINE OF SAID SECTION 16, SOUTH 86°21'47" EAST, A
DISTANCE OF 5.79 FEET TO THE NORTHWEST CORNER OF DEED DOCUMENT
42009-00025682; THENCE CONTINUING ALONG SAID LINE, SOUTH 86°21'47" EAST, A
DISTANCE OF 171.56 FEET TO THE NORTHWEST CORNER OF SAID 10' SEWER
RIGHT-OF-WAY FOR THE POINT OF BEGINNING;
THENCE CONTINUING ALONG AFOREMENTIONED NORTH LINE, SOUTH 86°21'47"
EAST, A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF SAID 10'
SEWER RIGHT-OF-WAY; THENCE, ALONG THE EASTERLY LINE OF SAID 10' SEWER
RIGHT-OF-WAY THE FOLLOWING THREE COURSES:
1. SOUTH 03037'09" WEST, A DISTANCE OF 98.82 FEET;
2. NORTH 86°22'51" WEST, A DISTANCE OF 17.93 FEET;
3. SOUTH 03010'06" WEST, PASSING THROUGH THE COMMON LINE OF SAID DEED
DOCUMENT#2009-00025682 AND DEED DOCUMENT#2009-00031355 AT A DISTANCE
OF 122.20 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 132.20 FEET;
THENCE NORTH 86°22'51" WEST, A DISTANCE OF 194.71 FEET; THENCE NORTH
13°30'15" EAST, A DISTANCE OF 10.15 FEET; THENCE ALONG AFOREMENTIONED
COMMON LINE, SOUTH 86°22'51" EAST, A DISTANCE OF 182.90 FEET, BEING 1.80
FEET WEST OF A CHISELED "X"; THENCE ALONG THE WESTERLY LINE OF
AFOREMENTIONED 10' SEWER RIGHT-OF-WAY THE FOLLOWING THREE COURSES:
1. NORTH 03012'09" EAST, A DISTANCE OF 132.20 FEET;
2. SOUTH 86°22'51" EAST, A DISTANCE OF 18.00 FEET;
3. NORTH 0303709" EAST, A DISTANCE OF 88.82 FEET TO TIIE POINT OF
BEGINNING, CONTAINING 4,333 SQUARE FEET OR 0.10 ACRES, MORE OR LESS,
AND BEING SUBJECT TO ANY COVENANTS, EASEMENTS, OR RIGHTS-OF-WAYS OF
RECORD OR PRESCRIPTION.
Washington County,AR
I certify this instrument was filed on
03/03/2011 03:19:58 PM
and recorded in Real Estate
File Number 2011 00006082
Bette Cl it Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/1/2011
City Council Meeting Date
Agenda Items Only
Data Sanders Planning Development Services
Submitted By Division Department
Action Required:
VAC 10-3707: (Kum & Go, 329): Submitted by CEI Engineering Associates, Inc. for property located at 2396 North
College Avenue. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate a sewer easement
on the 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
- &Ek. 2(•Dlo�It Previous Ordinance or Resolution#t
Department rector Date
Original Contract Date:
A� 1`j ' 1 Original Contract Number:
City Attorney Date
-Pa,A OL- t - 14 -2.oti
Finance and Internal Services Director Date Received in City 1-1 4-1 1 P 0 1 :3 S R C V 0
Clerk's Office (/��Pr�4%
Chief of Staff Date R{itl{IA)
Received in
Mayor's Office 1
h
M or Date
Comments:
Zayle2j,101C
THE CITYOF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
MINEENESEEMENNEW
CI'T'Y COUNCIL AGENDA. MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff p
Jeremy Pate, Development Services Director�\
From: Data Sanders, Current Planner
Date: January 6, 2011
Subject: VAC 10-3707 Kum and Go
RECOMMENDATION
Staff and Planning Commission reconvnend approval of an ordinance vacating a sewer easement on the subject
property(VAC 10-3707).
BACKGROUND
The subject project boundary is made up of three separate lots and is bound by three public streets - Township
Street, College Avenue, and Jane Avenue. On November 8, 2010, the Planning Commission approved the
applicant's Conditional Use Permit (CUP 10-3688) and Large Scale Development (LSD 09-3495) requests to
construct a 10-pump gas station and a 4,958 sq. ft. convenience store on the subject property. During staffs
review of the proposed development request, an existing sewer easement along the eastern and southern
portions of the subject property was discovered by the applicant, as this easement was not included in the City's
GIS database.
The applicant's request is to vacate an existing sewer easement on the subject property in order to allow for the
construction of the convenience store. This easement does not contain utilities, and the applicant is to dedicate
an easement along the southern property line that is adequate to serve the subject property and all adjacent
properties.
DISCUSSION
On December 20, 2010 the Planning Commission forwarded this request to the City Council with a recommendation
for approval with a vote of 6-0-1 (Commissioner Hoskins recused).
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 10-3707 SUBMITTED
BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY
LOCATED AT 2396 NORTH COLLEGE AVENUE, TO
VACATE AN EXISTING SEWER EASEMENT ON THE
PROPERTY, AS DESCRIBED HEREIN.
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 sewer 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 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 Condition of Approval as follows,
and shall not be in effect until such condition is met:
1. The vacation of the existing 10' sewer easement shall not be accepted until the required
15' sewer easement is dedicated along the southern property line.
PASSED and APPROVED this 18th day of January, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
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EXHIBIT "B"
VAC 10-3707
10' SEWER RIGHT-OF-WAY VACATION
A PORTION OF THE 10' SEWER RIGHT-OF-WAY DEDICATED TO THE CITY OF FAYETTEVILLE AS
RECORDED IN DEED BOOK 535, PAGE 287 IN THE PUBLIC RECORDS OF WASHINGTON COUNTY,
ARKANSAS, LYING IN THE E 1/2 OF THE FRACTIONAL NW 1/4 OF SECTION 16, TOWNSHIP 16
NORTH, RANGE 30 WEST, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE CALCULATED NORTHWEST CORNER OF SAID E 1/2; THENCE ALONG THE
NORTH LINE OF SAID SECTION 16, SOUTH 86°21'47" EAST, A DISTANCE OF 5.79 FEET TO THE
NORTHWEST CORNER OF DEED DOCUMENT#2009-00025682; THENCE CONTINUING ALONG
SAID LINE, SOUTH 86°21'47" EAST, A DISTANCE OF 171.56 FEET TO THE NORTHWEST CORNER
OF SAID 10' SEWER RIGHT-OF-WAY FOR THE POINT OF BEGINNING;
THENCE CONTINUING ALONG AFOREMENTIONED NORTH LINE, SOUTH 86021'47" EAST, A
DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF SAID 10' SEWER RIGHT-OF-WAY;
THENCE ALONG THE EASTERLY LINE OF SAID 10' SEWER RIGHT-OF-WAY THE FOLLOWING
THREE COURSES:
1. SOUTH 03037'09"WEST, A DISTANCE OF 98.82 FEET;
2. NORTH 86022'51"WEST, A DISTANCE OF 17.93 FEET;
3. SOUTH 03010'06"WEST, PASSING THROUGH THE COMMON LINE OF SAID DEED DOCUMENT
#2009-00025682 AND DEED DOCUMENT#2009-00031355 AT A DISTANCE OF 122.20 FEET, AND
CONTINUING FOR A TOTAL DISTANCE OF 132.20 FEET;
THENCE NORTH 86022'51"WEST, A DISTANCE OF 194.71 FEET; THENCE NORTH 13°30'15" EAST,
A DISTANCE OF 10.15 FEET; THENCE ALONG AFOREMENTIONED COMMON LINE, SOUTH
86°22'51" EAST, A DISTANCE OF 182.90 FEET, BEING 1.80 FEET WEST OF A CHISELED"X";
THENCE ALONG THE WESTERLY LINE OF AFOREMENTIONED 10' SEWER RIGHT-OF-WAY THE
FOLLOWING THREE COURSES:
1. NORTH 03012'09" EAST, A DISTANCE OF 132.20 FEET;
2. SOUTH 86022'51" EAST, A DISTANCE OF 18.00 FEET;
3. NORTH 03037'09" EAST, A DISTANCE OF 88.82 FEET TO THE POINT OF BEGINNING,
CONTAINING 4,333 SQUARE FEET OR 0.10 ACRES, MORE OR LESS, AND BEING SUBJECT TO
ANY COVENANTS, EASEMENTS, OR RIGHTS-OF-WAYS OF RECORD OR PRESCRIPTION.
IC
ARKANN SAaye e S PC Meeting of December 20, 2010
S
THE C11'Y OF FAY@TTEVILLL, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Data Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: December 8, 2010
VAC 10-3707: Vacation (SE CORNER COLLEGE & TOWNSHIP, 329): Submitted
by CEI ENGINEERING ASSOCIATES, INC. for property located at 2396 N.
COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL
and contains approximately 1.22 acres. The request is to vacate a utility easement within
the property. Planner: Dara Sandell
Findings:
Property Description: The subject project boundary is made up of three separate lots and
is bound by three public streets - Township Street, College Avenue, and Jane Avenue. On
November 8, 2010, the Planning Commission approved the applicant's Conditional Use
Pemlit (CUP 10-3688) and Large Scale Development (LSD 09-3495) requests to
construct a 10-pump gas station and a 4,958 convenience store on the subject property.
During staffs review of the proposed development request; an existing sewer easement
along the eastern and southern portions of the subject property was discovered by the
applicant, as this easement was not included in the City's GIS database.
Request: The applicant's request is to vacate an existing sewer easement on the subject
property in order to allow for the construction of the convenience store.
The applicant has submitted the required notification forms to the City Utilities
Department with the result summarized below.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections, granted that a 15'
easement is dedicated for an existing
sewer main located along the
southern property line of the project
boundary.
Public Comment: No public comment has been received.
Recommendation: Finding that the easement to be dedicated along the southern
property line is adequate to serve the subject property and all adjacent properties, staff
recommends forwarding VAC 10-3707 to the City Council with a recommendation of
approval with the following conditions:
Condition of Approval:
1. The vacation of the existing 10' sewer easement shall not be accepted until the
required 15' sewer easement is dedicated along the southern property line.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled
Date: December 13, 2010
Motion: Cabe
Second: Chesser
Vote: 6-0-1 (Hoskins recused)
Note:
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: �j 3 b ' (0
UTILITY COMPANY: CITY OF
APPLICANTNAME: NUM t (A.0 14 / 661 APPLICANTPHONE: �7f1Z�3'�y72
REQUESTED VACATION(applicant must Ghee all that apply):
✓Utility Easement
— Right-of-way for alley or streets and all utility easements located within the vacated right-of-way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following(alley,easement,right-of-way),described as follows:
General location I Address(referring to attached document-must be completed**)
N. cot.-�'64E AVE
(ATTACH legal descripn'a:and graphic representation of what is being vacated-SURYEI9
UTILITY COMPANY COMMENTS:
-• No objections to the vacation(s)described above.
I Y No objections to the vacations)described-bova,provided;ullo:rwg desc^bed easements are re.ained.(Star;;
the location,dimensions,and purpose below.) (l
Vau,t-2 PL,JEmsvct CSS S�'lb���pr,c��uln¢.c c}rrn6J2v�,�v� PXC.11 .v,r_�_ fL...'!or
• No objections provided the following conditions are met:
S^yignature of Utili ,y Representative
-d l.il')MCYV.U� �tVV2-0lr
Title
July 2009
Page 5
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NORTHWEST ARKANSAS
NEWSPAPERS=
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
RECEIVED
FEB 2.1 2011
CITY OF FAYETTEV ILLE
CITY CLERK'S OFFICE
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Washington & Benton
County, (Lowell), Arkansas and that from my own personal knowledge
and reference to the files of said publication, the advertisement of: City
of Fayetteville- Ordinance 5383
February 17, 2011
Publication Charge : $p64.85
Signed: '611v (�C-- —
Subscribed and sworn to before me
This al day of t-,t6my 2011.
LIO ELA"
Notary Public
Jim Mears
Washington County
My Commission Expires:FMotlaryPublicssion bArkansaser 47
MMISSi�n Expires Jan. 20, 2020
Do not pay from Affidavit, an invoice will be sent