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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 k44 By- ` 9s.9 kdl�t j �y By: By: jj�IONELDD J ,Mayor SONDRA E. SMITH, City Clerk/TreasRfO EXHIBIT "All URC lD-3'107 at Se 56 Y"dd � o x 6u as ::4 =- � ami „ 9a35 $ b3a4ee� @E '� bg:�d&3cEP"a$ �tu A k� A il ' III I � (1 eo q .�y .oagSes.e9oa^e®ooe>.6e,= I J � II �I i A d^ be It MT o$$ & 8 8 F R R c ME i,+!//ual4puuy /w�e6c- lt-SSV/ra. p/DWl a M W° I ! { #�R enuanV aUvfY «n.ql St 2 a {S Sxy.�y\r to M,taawi #SS Sao#:?. . 1�a8 gl�� }�- t ^A zt 32 int}�'-x fib: d oer, Z3 },: i+f4.A 38 I° h, W al K:O j ¢ ix I I }yr ti5°€S `nit ° SU V2- lb .. 4�h E a I F F eF rt d ?9 a wo pp _ ro S u hU04 .IN.1 AN ONVS ISVI!m Ix.tG Otl'JL 9!rY.nt r,t19[I L4' 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" Z W v J � i, f I r. 3 r r o h =, usi� 14 f 1 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 10k