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Home My WebLink AboutOrdinance 5402 IIj11NIIIII40 IIIIIIIIIIaIIIII�IIIUINIIIIIIIIIIIIIIIIIIIIIIIAFllllllll Kind: ORDINANCE Fee Amt: 1,255 25/0/Paas it o10-43:24 f 343: 24 AM Nashlnaton County. AS Sclerk Bette Btamos Clrouit Flle2011-00012840 ORDINANCE NO. 5402 AN ORDINANCE APPROVING VAC 11-3793 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLAS STREET BETWEEN OAKLAND AND STORER AVENUES TO VACATE A 15-FOOT WIDE UTILITY EASEMENT. 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 damaged or relocation of existing utilities shall be at the owner/developer's expense." aararmnr '' PASSED and APPROVED this 19a'day of April, 2011. �RrRE9s°,, - &TY O,c•.(� =Q a ®e(nom APPROVED: ATTEST: :FAYETTEVILLE e 9 �+eTOuseo"O°gee By: By: �4n G�t.o� N r'LD JO , Mayor SONkA E. SMITH, ity lerk/Treasurer 1 0 1, t ` \ WasYimg`totl �ounLy,AR..,. ' I certify,,Ahis,^instrument was filed on 05/10/2011 " 1043:24 AM' and recorded in Real Estate File Number 2011-00 12840 Bette Stamp - ui Clerk b Ac 71.3793 NM�,.�nII�. ,.�Mllml w�.� �� llll °EXHIBIT „A„ ',��,1,1 I115.91' 110 .0'C I �gE i e 1 O ej I &� Ir& 1 1 I I g Iss � _^y I Ise x I dg _ y "I / 8 IQ al I8 oe s L902.55 9'w 99. 1— 2ros5' o� nmoc S 0 N F O 3m SA1, 3 an� 0mn = n m � " on - 0600 0 n m-c3 n Fu03.m 0 ° ° o Cr I°0 oaop ° IJ q N EASEMENT VACATION :1 I F P EXHIBIT O` EXHIBIT "B" VAC 11-3793 EASEMENT VACATION DESCRIPTION ALL OF THE 15' UTILITY EASEMENT RECORDED IN BOOK 458, PAGE 564 THAT LIES WITHIN LOTS 15, 16, 24, AND 25 OF BLOCK I OF OAKLAND PLACE ADDITION RECORDED IN PLAT BOOK 5 AT PAGE 62 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/19/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 11-3793: (U of A, 62): Submitted by H2 Engineering for property located on the north side of Douglas Street between Oakland and Storer Avenues. The property is zoned RMF-40, Residential Multi-Family, 40 units per acre. The request is to vacate a 15-foot wide 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 X1'1„ �, ;• .o x-r Previous Ordinance or Resolution# Department Dire r Date Original Contract Date: Original Contract Number: City Attorney Date To�j 0. • `d+.�v. � 4-t--4ott Finance and Internal Services Director Date Received in C%4-0 - 1 1 AO 1 : 18 R C V D Clerk's Office _ Chief of Staff Date EyR I' • Received in / Mayor's Office ate Comments: Revised January 15, 2009 Ta7ylct vlle THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: April 1, 2011 Subject: VAC 11-3793 (University of Arkansas Easement Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a 15-foot wide utility easement on the subject property. BACKGROUND The subject property is located on the north side of Douglas Street between Oakland and Storer Avenues, and is developed for a parking lot that is owned by the University of Arkansas. The surrounding land use consists of single and multi-family residences and surface parking lots. There is a 15-foot wide utility easement that is located on the northern portion of the site. Utilities that previously existed within this easement were removed with the recent development of the parking lot. This property is surrounded by street and utility easements on three sides and providing adequate service to the property. The applicant's request is to vacate the 15-foot utility easement as indicated on the attached survey. 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 utility easement. On March 28, 2011 the Planning Commission unanimously forwarded this request to the City Council with a recommendation for approval BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3793 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLAS STREET BETWEEN OAKLAND AND STORER AVENUES TO VACATE A 15-FOOT WIDE UTILITY EASEMENT. 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 damaged or 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 EXHIBIT "A" I:YN ne}a:MlTll[OI V a.YvnM11M1ewnx�.r r.n.M wl4 YYAII I�muw I..n I 125.9.' HO 4'40'C 99 3. �iS c I I I I [ 123.,,• _ ��$ 902.53 9'W 99. L— 29ose� o� amon o � S �NFO. nn nam � oc nn�_ u O N y n , fNo!.; a o vo n n oao_o n N EASEMENT VACATION ` 9 ;v • P El XfIIBIT Of. EXHIBIT "B" VAC 11-3793 EASEMENT VACATION DESCRIPTION ALL OF THE 15' UTILITY EASEMENT RECORDED IN BOOK 458, PAGE 564 THAT LIES WI'T'HIN LOTS 15, 16, 24, AND 25 OF BLOCK 1 OF OAKLAND PLACE ADDITION RECORDED IN PLAT BOOK 5 AT PAGE 62 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS. T*'*o aye � Y I le PC Meeting of March 28, 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: nye l- , T Updated April l 2011 VAC 11-3793: Vacation (BETWEEN OAKLAND AND STORER AVE./U OF A, 62): Submitted by H2 ENGINEERING for property located on the NORTH SIDE OF DOUGLAS STREET BETWEEN OAKLAND AND STORER AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 1.41 acres. The request is to vacate a 15-foot utility easement. Planner: Andrew Garner Findings: Property Description: The subject property is located on the north side of Douglas Street between Oakland and Storer Avenues, and is developed for parking lot that is owned by the University of Arkansas. The surrounding land use consists of single and multi-family residences and surface parking lots. There is a 15-foot wide utility easement that is located on the northern portion of the site. Utilities that previously existed within this easement were removed with the recent development of the parking lot. This property is surrounded by street and utility easements on three sides and providing adequate service to the property. Request: The applicant's request is to vacate the 15-foot utility easement as indicated on the attached survey. The applicant has submitted the required easement vacation 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 Southwestern Electric Power Company No Objections GAETC\Development Services Review\201 1\Development Review\11-3793 VAC N.side of Douglas St(U of A Easement)\03 Planning Commission\03-28-2011\Comments and Redlines Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: Two adjacent property owners inquired about the requested vacation but did not have any objection. Recommendation: Staff recommends forwarding VAC 11-3793 to the City Council with a recommendation for approval subject to the following conditions: 1. Any damage or relocation of utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded 0 Denied ❑ Tabled Date: March 28, 2011 Motion: Cabe Second: Chesser Vote: 8-0-1 (Lack recused) Note: On consent agenda GAETC\Development Services Review\2011\Development Review\t 1-3793 VAC N.side of Douglas St(U of A Easement)\03 Planning Commission\03-28-2011\Comments and Redlines V 2, ENGINEERING, INC. March 2, 201 1 City of Fayetteville Planning Commission 1 13 West Mountain St. Fayetteville,AR 72701 RE: UNIVERSITY OF ARAKSAS JEAN TYSON CHILD DEVELOPMENT STUDY CENTER UTILITY EASEMENT VACATION To Whom It May Concern: Please accept this letter as our official request for a Utility Easement Vacation in the center of the north half of the above referenced property. The property was recently converted into a parking lot, thereby removing the need for this utility easement to be in use. Utilities that existed within that easement at the time of parking lot development were removed at that time. We are proposing a new facility on this property which will further remove the need for a public utility easement in this location. The property is surrounded by street and utility easements on 3 sides which are more than adequate to service the proposed facility. All utility agencies and required city departments have granted their approval for the release of this easement area. Thank you for your consideration of this request. Respectfully, Jeremy Thompson, P.E. Vice President