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Home My WebLink AboutOrdinance 5394 IIIIIIUIIIIIIIIIIIIIIIIIIIIIIII IluIUIII IIIIIIIIIIINIIIIIIIIIIIIIIIIIIIilllll Kind: ORDINANCE Fer riled $04 202 00a0q10o 2 Pace10 1t 0 f2314:28 PM Washlnctan County. AR Bette Stamos Circuit Clerk File011.60611636 ORDINANCE NO. 5394 AN ORDINANCE APPROVING VAC 11-3764 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 152 EAST APPLEBY ROAD TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 436 SQUARE FEET. 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 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 following Condition of Approval and shall not be in effect until this condition is met: "Any relocation of existing utilities shall be at the owner/developer's expense." „„mrrrrrrr°° 0�.o6:x�RK/TR�°°.,,�� \ O •SGp PASSED and APPROVED this 5m •'`� •day of April, 2011. \; GSYF °• _U° ,FAYETTEVILLE° APPROVED: ATTEST: By: �'�X_. By: OI��vG*� Com. . Ory 1,16NELD JO ,Mayor SONDkA E. SMITH, City Clerk/Treasurer Aol NFA 7 ANMANER 8 ZONE: R-A N jZME EXHIBIT "A" APPLEBY ROAD Of ' 32 FOOT WIDE CONCRETE ROAD D O WTTN CURB AND GUTTER VI N 0 rD O m T7.'.0-7'4.9. —E 159.89 �— � NNYE 0 ,OE qNm [,N.0 c r s s� OD 3 4 T w 33 P 7 9' 70 �r 5 e .. 'NO g 5 /N z z v QI .p� v FR $ 22 N N °W.'w t^ O �d'E. ' smo SM W W Y%sr NZppn g Q `Q� c 6r EFt ,64�F� _1 �/ o;4 ^7imi �� t1'I.I �zom Sg � O A A\ i yy a f�t �. a\' A W D 0 oo1No �' � �i•� N Sd o y& .- v caRt+¢7c FASAN �••� f S � W m m o •'t o � moi• �. 9 '� / XV091 ADJOMER 3 M .bS.bT.L S M MNER 2 ^I AOJUNER f WF-21 RMF-]f m RHF-xf 4 a y a 3 Hit � 99H 5., R� 4R1 b R PRmu �pR 8 �FQSQ8988A`'c 'N� \ g' � • Y,�eP 7 � $ �,� t 3Rd��.i PTS WR `84ov 4 � n aQ € tgN � £off& - y8sg VA. H o°^^g$°g^ggkQo$ s 5��c ..e ^Ta°.N ma N9e ns3393'�' $ n Roc 38SS Sm:9988'm'g>!d: p an�o 12=s. 'ig 8 °8 �d Y e 800 o .'e3' ays� xm o�V SG ag9 ^$§_° ;�g ea Bgs�CteY�e:"gasa' mo 'q'og$ s°a s s�5 3 ass gesg sa g:s 3 it d =g oo mm A3 ;us b33333 4-M, - ^ �o S„c £ � 3.,' B:ym Ycc�c� 5'gr q8 lIp f� SF pp3gg+ °989 ¢g °$^g � ^z'g g° mF'-69�Ag ARS 3 9133 BRsb"S'SR�5IVA 7 p^q go gs93 EXHIBIT "B" VAC 11-3764 METES AND BOUNDS DESCRIPTION OF A PORTION OF THE 60 FOOT WIDE UTILITY EASEMENT TO BE VACATED A PORTION OF A 60 FOOT WIDE UTILITY EASEMENT, SAID EASEMENT CROSSING LOT 2 AND THE NORTH 30 FEET OF LOT 3, BLOCK 3, OF THE FINAL PLAT OF REGENCY NORTH, PHASE 2, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, PER THE PLAT ON FILE IN PLAT BOOK 8, PAGE 96 IN THE OFFICE OF THE CIRCUIT CLERK AND RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND SAID PORTION OF A UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS SOUTH 89 DEGREES 40 MINUTES 42 SECONDS EAST 24.92 FEET FROM THE SOUTHWEST CORNER OF LOT 6, BLOCK 2, OF THE FINAL PLAT OF REGENCY NORTH, PHASE 2; THENCE NORTH 39 DEGREES 14 MINUTES 06 SECONDS WEST A DISTANCE OF 227.48 FEET TO A POINT; THENCE NORTH 35 DEGREES 22 MINUTES 40 SECONDS WEST A DISTANCE OF 134.09 FEET TO A POINT; THENCE NORTH 28 DEGREES 37 MINUTES 58 SECONDS WEST A DISTANCE OF 136.92 FEET TO A POINT; THENCE NORTH 22 DEGREES 34 MINUTES 39 SECONDS WEST A DISTANCE OF 259.13 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 30 FEET OF SAID LOT 3, BLOCK 3 THENCE ALONG SAID SOUTH LINE NORTH 89 DEGREES 47 MINUTES 15 SECONDS WEST A DISTANCE OF 34.71 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE VACATED (P.O.B OF EASEMENT TO BE VACATED); THENCE CONTINUE NORTH 89 DEGREES 47 MINUTES 15 SECONDS WEST A DISTANCE OF 3.25 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE NORTH 22 DEGREES 34 MINUTES 39 SECONDS WEST A DISTANCE OF 173.49 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, BLOCK 3; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 52 MINUTES 06 SECONDS EAST A DISTANCE OF 3.25 FEET TO A POINT; THENCE LEAVING SAID NORTH LINE SOUTH 22 DEGREES 34 MINUTES 39 SECONDS EAST A DISTANCE OF 173.49 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE VACATED (P.O.B OF EASEMENT TO BE VACATED), CONTAINING 0.01 ACRES, AS SURVEYED. aahmgton'Count Wy,AR 0428 2 1'1 instrument PM s filed on and recorded in Real Estate File Number 2011-00011636 Bette Stampss--Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/5/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 11-3764: (Ozark Dermatology, 251): Submitted by Johnny Quinn for property located at 152 East Appleby Road. The property is zoned R-O, Residential Office. The request is to vacate a portion of a utility easement. 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 �wv4yhc - Previous Ordinance or Resolution# Department Dir for Date Original Contract Date: Original Contract Number: torney n Date Finance and Internal Services Director Date Received in City L3-1 -1-1 1 PO> 26 R CV D Clerk's Office40" 3-K-11 Chief fSt Date Received in p3iRdi Mayor's Office Ma or D Comments: Revised January 15,2009 aye Lde THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor and City Council p Thru: Jeremy Pate, Development Services Director O` From: Andrew Garner, Senior Planner Date: March 16, 2011 Subject: VAC 11-3764 (Ozark Dermatology Utility Easement Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating an alley on the subject property containing approximately 436 square feet. BACKGROUND The subject property is located at 152 East Appleby Road and contains a medical office and parking lot. There is a 60-foot utility easement that traverses diagonally across the site. It appears that this easement was originally designated as a general utility easement, but that the original purpose was to preserve the right of clear passage of two separate high pressure gas pipelines across the site. There do not appear to be any other utilities in the easement besides two gas pipelines that are located in the center of the easement, as shown on the submitted survey. The applicant's request is to vacate 3-foot strip of the 60-foot wide easement (436 square feet) as indicated on the submitted survey and legal description. DISCUSSION The applicant has submitted the required notification forms to the utility companies and to the City water, sewer, engineering, solid waste, and transportation divisions with no objections to the vacation of the easement. On March 14, 2011 the Planning Commission unanimously forwarded this request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3764 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 152 EAST APPLEBY ROAD TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 436 SQUARE FEET. 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 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 neap 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 following Condition of Approval and shall not be in effect until this condition is met: "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer I NM 7 ADMNER B ZML R A N Zoe OF V EXHIBIT "A" Ln APPLEBY ROAD yAL R-)3V} J 32 FOOT NIDE CONCRETE ROAD D O WTH CURB AND GUTTER (/r N. rFn O I •' 07'07'49' E _ . . _ . . — — 159,89' s ,oe CMgtR 50EW41% ^'� o 0 r " � w z 3 ' S m NNIh rJ w a o• Yi > 9 ,'�� 3 �i so SO 7 '• r b •6 d � W, .9 Sy0 A °°WY° ;od w m F, v w cax°rerz RMTIO ,,i.'\ .6 s t l I R b .•m� 0 22 J N An.roww 4 161,091 AUAMNFR 3 Q"NER 2 WF-24 RMF-24 R F-24 m ggys yygg q g p qq q $Jlr egg: � � � � pzp� s, $piaB 22gg _ C 9 � Xa 9 ' � T�^3�N$S 3v ro ag5b5 n g g as yy^s^� S�•'o S�So S�,y 333S! m° 3 93°3 ^339°i3 4'. 1 %67 -3 9°9a9°3 3sa9 m �Fo qq' ; $piy -�R '��BZu •= =3 i om Fg, 2a3° ;�E memos-8fr 8a�13tl4$o:Agd;So �� `�cq� age a $�,�gU��o �03� og� _ zy3 2g " ;iTmog g4 y 333 $xes � so uY 3P9 $ma�!� _ J • , 6 EXHIBIT "13" VAC 11-3764 METES AND BOUNDS DESCRIPTION OF A PORTION OF THE 60 FOOT WIDE UTILITY EASEMENT TO BE VACATED A PORTION OF A 60 FOOT WIDE UTILITY EASEMENT, SAID EASEMENT CROSSING LOT 2 AND THE NORTH 30 FEET OF LOT 3, BLOCK 3, OF THE FINAL PLAT OF REGENCY NORTH, PHASE 2, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, PER THE PLAT ON FILE IN PLAT BOOK 8, PAGE 96 IN THE OFFICE OF THE CIRCUIT CLERK AND RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND SAID PORTION OF A UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS SOUTH 89 DEGREES 40 MINUTES 42 SECONDS EAST 24.92 FEET FROM THE SOUTHWEST CORNER OF LOT 6, BLOCK 2, OF THE FINAL PLAT OF REGENCY NORTH, PHASE 2; THENCE NORTH 39 DEGREES 14 MINUTES 06 SECONDS WEST A DISTANCE OF 227.48 FEET TO A POINT; THENCE NORTH 35 DEGREES 22 MINUTES 40 SECONDS WEST A DISTANCE OF 134.09 FEET TO A POINT; THENCE NORTFI 28 DEGREES 37 MINUTES 58 SECONDS WEST A DISTANCE OF 136.92 FEET TO A POINT; THENCE NORTH 22 DEGREES 34 MINUTES 39 SECONDS WEST A DISTANCE OF 259.13 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 30 FEET OF SAID LOT 3, BLOCK 3 THENCE ALONG SAID SOUTH LINE NORTH 89 DEGREES 47 MINUTES 15 SECONDS WEST A DISTANCE OF 34.71 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE VACATED (P.O.B OF EASEMENT TO BE VACATED); THENCE CONTINUE NORTH 89 DEGREES 47 MINUTES 15 SECONDS WEST A DISTANCE OF 3.25 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE NORTH 22 DEGREES 34 MINUTES 39 SECONDS WEST A DISTANCE OF 173.49 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, BLOCK 3; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 52 MINUTES 06 SECONDS EAST A DISTANCE OF 3.25 FEET TO A POINT; THENCE LEAVING SAID NORTH LINE SOUTH 22 DEGREES 34 MINUTES 39 SECONDS EAST A DISTANCE OF 173.49 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE VACATED (P.O.B OF EASEMENT TO BE VACATED), CONTAINING 0.01 ACRES, AS SURVEYED. ale evi�le PC Meeting of March 14, 2011 Y 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: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: Updated March 16, 2011 VAC 11-3764: Vacation (152 E. APPLEBY RD./OZARK DERMATOLOGY, 251): Submitted by JOHNNY QUINN for property located at 152 EAST APPLEBY ROAD. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.51 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Findings: Property Description: The subject property is located at 152 East Appleby Road and contains a medical office and parking lot. There is a 60-foot utility easement that traverses diagonally across the site. It appears that this easement was originally designated as a general utility easement, but that the original purpose was to preserve the right of clear passage of two separate high pressure gas pipelines across the site. There do not appear to be any other utilities in the easement besides two gas pipelines that are located in the center of the easement, as shown on the submitted survey. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North and East Single-family RMF-24 South Undeveloped R-O East Undeveloped RSF-4 West Medical Office R-O Request: The applicant's request is to vacate 3-foot strip of the 60-foot wide easement (0.01 acres) as indicated on the submitted survey and legal description. 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 G:\ETC\Developmenl Services Review\201 I\Development Review\I 1-3764 VAC 152 E Appleby Rd(Ozark Dermatology Clinic)\03- Planning Conmmission\03-14-201 I\Comments&Redlines Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T/Southwestern Bell No Objections 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: Finding that adequate access exists for provision of utility service and vacation of the subject portion of the easement will have no adverse impacts, staff recommends forwarding VAC 11-3764 to the City Council with a recommendation of approval with the following condition: 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: X Forwarded ❑ Denied ❑ Tabled Date: March 14, 2011 Motion: Kennedy Second: Cabe Vote: 9-0-0 Note: On consent agenda. GAEMDevelopmem Services Review\201 I\Development Review\I 1-3764 VAC 152 E Appleby Rd(Ozark Dermatology Clinic)\03- Planning Conmiission\03-14-2011\Comments&Redlines McCLELLAND 18 1 ON.College Avenue P.O.Box 1229 FCONSULTING Foyetteville,AR 72703172702-1229 REENGINEERS INC. 479-443-237•F443-9241 ' mmmmm , www.mcclelland-elanA-engrs.com February 3, 2011 Fayetteville Planning Commission 125 West Mountain Street c/o Planning/Engineering Office Fayetteville, AR 72701 And Fayetteville City Council c/o City Hall 113 West Mountain Street Fayetteville, AR 72701 RE: Petition to Vacate a Portion of an Existing Utility Easement Across 152 E. Appleby Road, Fayetteville Ladies and Gentlemen: Please find attached to this letter supporting documentation for our request to vacate a three feet (3') wide strip of land off the northwestern side of a 60-feet wide existing utility easement across the property at 152 E. Appleby Road. While the approved Plat of Subdivision appears to designate this easement as a "general utility" easement, it is our understanding that the original purpose of the easement was to preserve the right of clear passage of two separate high pressure gas pipelines across the subject property. To our knowledge, the existing easement contains only those two gas pipelines; no other utilities are located within the subject easement. The pipelines are approximately in the center of the easement. The intent of this request is to vacate a narrow strip of the easement so that the building, its footings, and its overhang are completely outside of the limits of the 60-feet wide easement. The purpose of this request is to clear up the issue of encroachment of the building upon the easement so that the current property Owner can meet the Buyer's conditions of purchase of the property. Then, the Owner can close his negotiations to buy another piece of property to expand his practice in the City of Fayetteville. The gas company, as well as other utility owners and adjacent property owners, are agreeable to this action as verified by the enclosed documentation. J:\2010\102715-St.Clair Easement Adjustment\Correspondence\Petition to Vacate.docx