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Home My WebLink AboutOrdinance 5422 DocID: 014157940003'.Yype..REL Kind: ORDINANCE Fee rdeAmtE 08 00 2011 1t 08352:57 PM Nashincton Countv.POCIAR Bette Stamcs Circuit Clerk File2011.00022956 ORDINANCE NO. 5422 AN ORDINANCE APPROVING VAC 11-3861 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT 1528 NORTH GARLAND AVENUE TO VACATE TWO PORTIONS OF A UTILITY EASEMENT, A TOTAL OF 190 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 portions 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 portions of one platted 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 and shall not be in effect until the condition is met herein. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 19th day of July, 2011. TR APPROVED: ATTEST: 'c ;FAYETTEVILLE; 3 s,�9s qRK NSpS.�'Z a By: By: �'y/NG A..oGOJsq� lY �LD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer °,r,,,,� au EXHIBIT "A" <N,M vmt.+a xmuioxr.r)vyyy,nvutotw.•um.,wt,Mwa*taxwTn.4i Nati iam�J W ter -- 0 GARLAND AVE./HWY. 112 --4.._�— 507'37'0/'W 760,3 ' _ NO2.37'01•r 1May' � NO2.32' 1-" YOZVS'rs"w 4— I 2; uF I ) W y p ICI I g ! 1 3 ' '- ' d% ill, pipe ' L Iti _ 'a s- �s ss eom f a14 Iy5°C 3' 2°S a 2i S 1 F �sL79 $t 3 . i a-•t U oUYOe fa° o ;4.: = 3a- jig 't $% All Pqj 10 I J a sfsF� . 0 IV :* Iffizas F �f�5at*l � [� }•" � I � £% �+� :` �o a �a��' a� Q 9 Valli �q` � s• � "aX i _ae ♦ ant° git�iq °�•� ; ;%%%R fi: � f L �� 49.63' f 18�%��?a t �e•si%;- t I502'32'04"W n SOTSZ'14'W � r - � pa 7as:' p v a a r t� s a= 13 GARLAND TO WNHOMES EASEMENT VA CA TION EXHIBIT EXHIBIT "B" VAC 11-3861 UTILITY EASEMENT VACATION "A" DESCRIPTION PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 16 NORTH,RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 BEING A FOUND MAG NAIL AT THE INTERSECTION OF WEST SYCAMORE STREET AND NORTH GARLAND AVENUE; THENCE S02°37'04"W,ALONG THE WEST LINE OF THE ABOVE SAID SECTION 9,A DISTANCE OF 760.34 FEET;THENCE S87°27'46"E, LEAVING THE ABOVE SAID WEST LINE,A DISTANCE OF 61.08 FEET;THENCE S02°32'14"W, A DISTANCE OF 52.64 FEET TO THE TRUE POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE FRONT ROOFLINE OF AN EXISTING BUILDING; THENCE S87°27'40"E,ALONG THE NORTH LINE OF THE ABOVE SAID ROOFLINE,A DISTANCE OF 145.63 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID ROOFLINE; THENCE S02°32'14"W,A DISTANCE OF 0.86 FEET TO A POINT ON THE SOUTH LINE OF A 30'UTILITY EASEMENT DESCRIBED IN FILE#23-367; THENCE N87°27'40"W, ALONG THE ABOVE SAID SOUTH LINE OF A 30' UTILITY EASEMENT,A DISTANCE OF 145.63 FEET; THENCE NO2°32'14"E,A DISTANCE OF 0.86 FEET TO THE POINT OF BEGINNING AND CONTAINING 125 SQUARE FEET,MORE OR LESS. UTILITY EASEMENT VACATION "B" DESCRIPTION PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9,TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WAS1IINGTON COUNTY,ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 BEING A FOUND MAG NAIL AT THE INTERSECTION OF WEST SYCAMORE STREET AND NORTH GARLAND AVENUE;THENCE S02°37'04"W,ALONG THE WEST LINE OF THE ABOVE SAID SECTION 9, A DISTANCE OF 760.34 FEET;THENCE S87°27'46"E,LEAVING THE ABOVE SAID WEST LINE,A DISTANCE OF 249.55 FEET; THENCE S02°32'14"W,A DISTANCE OF 23.51 FEET TO THE TRUE POINT OF BEGINNING BEING THE NORTHEAST CORNER OF THE 30' UTILITY EASEMENT DESCRIBED IN FILE#23-367; THENCE S02032'04"W,ALONG THE EAST LINE OF THE ABOVE SAID 30' UTILITY EASEMENT, A DISTANCE OF 49.63 FEET;THENCE N87°27'56"W, A DISTANCE OF 1.26 FEET TO A POINT ON THE WEST ROOFLINE OF AN EXISTING BUILDING; THENCE NO2°25'00"E, ALONG THE ABOVE SAID WEST ROOFLINE,A DISTANCE OF 49.63 FEET TO A POINT ON THE NORTH LINE OF THE ABOVE SAID 30'UTILITY EASEMENT; THENCE S87027'40"E, A DISTANCE OF 1.36 FEET TO THE POINT OF BEGINNING AND CONTAINING 65 SQUARE FEET,MORE OR LESS. 41`asni� gt�n�oui^,?y,AR I certifyy this instrument was filed on 08/15)2011 03:52:57 PM' and recorded in Real Estate File Number 2011-00022956 Bette Stamps- Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/19/2011 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 11-3861: Vacation (1528 North Garland Avenue, 405): Submitted by H2 ENGINEERING, INC. for property located at 1528 North Garland Avenue. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS/ACRE. The request is to vacate two separate portions 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 I.61 A.,<c.tfUlr- oll-u_gou Previous Ordinance or Resolution# Department D:; Original Dale /` ! Contract Date: _�_Z Original Contract Number: City Atlo ey Date JU 7-S-20 t ti Finance and Internal Services Director Date Received in City Clerk's Office Chief 4 Sta y Date EHf E Received in r/� Mayor's Office (/ M or94te Comments: Revised January 15,2009 Tay� evi THE CITY OFFAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE AflKA N5 A5 CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council �p Thru: Jeremy Pate, Development Services Director U` From: Dara Sanders, Current Planner Date: June 29, 2011 Subject: VAC 11-3861 (1528 North Garland Easement Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating two separate portions of a utility casement containing 125 square feet and 65 square feet. BACKGROUND The subject property is located on Garland Avenue, south of Sycamore Street, and contains approximately 0.73 acre. On June 2, 2009, the Planning Division approved a Site Improvement Plan application (SIP 09-3279) on the subject property for two multi-family structures containing a total of 11 dwelling units and associated parking, and a building permit was issued in August of 2009 for construction of the development. During its construction, the property was foreclosed and all work on the site ceased, leaving a majority of the infrastructure to be installed, the parking lot to be paved and striped, and the interior of the buildings to be completed. The property was recently purchased from the bank by the current property owner, and a new survey of the property shows that the two substantially completed buildings encroach into a utility easement located internal to the site, as indicated on the most recent survey included in this packet. DISCUSSION On June 27, 2011, the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 6-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3861 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT 1528 NORTH GARLAND AVENUE TO VACATE TWO PORTIONS OF A UTILITY EASEMENT, A TOTAL OF 190 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 portions 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 portions of one platted 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 and shall not be in effect until the condition is met herein. "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 EXHIBIT "A" c.Wmviajci.xmxUwnG�b JmYtI1LENamlk°v-M1Myq.pVAV.nON f.MI0l isn Vz011 IO:Ol:ll on,lam ,..... .- _:. _ ,.., UPLAND AVE./HWY. 112 i $01.37'04.w760,34 N01'37'04"f .H2' m e NO2 3 ` �• 2'14 aE`M O40. two �--_f 502,$2'14'W 4— J52.04' -132.60 wS I �F ! WIM3 J I /APag i�S�flens� �: .14•V.L i /7'J-Jas 3^��1Y_ :' $ - ?g PP z3�s3F.ft_ j.yc g=i< J'as,a g t4 C 'n 3.3� 48 '�33: �=6 8� S s� i St^ I aya 1 `T I y 1 i�� 9 IlL.te dyxy/ -21 94 1 a� ws4gP ag:��s; I H02-25'60"E ,I fi=g s'Yi Y low ro� S0232'04"W 7 i ~NI w i E qa ! EI k > z x r z p — 402.32'14'W 76.32' a r t� a GARLAND TOWNHOMES EASEMENT VA CA TION EXHIBIT EXHIBIT "B" VAC 11-3861 UTILITY EASEMENT VACATION "A" DESCRIPTION PART OF T14E NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9,TOWNSHIP 16 NORTH, RANGE 30 WEST,CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 BEING A FOUND MAG NAIL AT THE INTERSECTION OF WEST SYCAMORE STREET AND NORTH GARLAND AVENUE; THENCE S02°37'04"W, ALONG THE WEST LINE OF THE ABOVE SAID SECTION 9, A DISTANCE OF 760.34 FEET; THENCE S87°27'46"E,LEAVING THE ABOVE SAID WEST LINE,A DISTANCE OF 61.08 FEET; THENCE S02-32'14"W, A DISTANCE OF 52.64 FEET TO THE TRUE POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE FRONT ROOFLINE OF AN EXISTING BUILDING; THENCE S87°27'40"E,ALONG THE NORTH LINE OF THE ABOVE SAID ROOFLINE, A DISTANCE OF 145.63 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID ROOFLINE; THENCE S02°32'14"W,A DISTANCE OF 0.86 FEET TO A POINT ON THE SOUTH LINE OF A 30' UTILITY EASEMENT DESCRIBED IN FILE#23-367; THENCE N87°27'40"W, ALONG THE ABOVE SAID SOUTH LINE OF A 30'UTILITY EASEMENT, A DISTANCE OF 145.63 FEET; THENCE NO2°32'14"E,A DISTANCE OF 0.86 FEET TO THE POINT OF BEGINNING AND CONTAINING 125 SQUARE FEET,MORE OR LESS. UTILITY EASEMENT VACATION "B" DESCRD'TION PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 BEING A FOUND MAG NAIL AT THE INTERSECTION OF WEST SYCAMORE STREET AND NORTH GARLAND AVENUE; THENCE S02°37'04"W, ALONG THE WEST LINE OF THE ABOVE SAID SECTION 9,A DISTANCE OF 760.34 FEET; THENCE S87°27'46"E, LEAVING THE ABOVE SAID WEST LINE,A DISTANCE OF 249.55 FEET; THENCE S02°32'14"W, A DISTANCE OF 23.51 FEET TO THE TRUE POINT OF BEGINNING BEING THE NORTHEAST CORNER OF THE 30'UTILITY EASEMENT DESCRIBED IN FILE#23-367; THENCE S02032'04"W, ALONG THE EAST LINE OF THE ABOVE SAID 30' UTILITY EASEMENT,A DISTANCE OF 49.63 FEET; THENCE N87°27'56"W, A DISTANCE OF 1.26 FEET TO A POINT ON THE WEST ROOFLINE OF AN EXISTING BUILDING; THENCE NO2"25'00"E, ALONG THE ABOVE SAID WEST ROOFLINE, A DISTANCE OF 49.63 FEET TO A POINT ON THE NORTH LINE OF THE ABOVE SAID 30'UTILITY EASEMENT; THENCE S87°27'40"E, A DISTANCE OF 1.36 FEET TO THE POINT OF BEGINNING AND CONTAINING 65 SQUARE FEET, MORE OR LESS. Taye eve e PC Meeting of June 27, 2011 AFKANSRS THE CITY OF FAYETTEVILLE, 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: une '� ^� -ter Updated June 29, 2011 VAC 11-3861: Vacation (1528 N. GARLAND/GARLAND TOWNHOMES, 405): Submitted by H2 ENGINEERING, INC. for located at 1528 NORTH GARLAND AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE and contain approximately 0.73 acre. The request is to vacate a portion of two utility easements. Planner:Dara Sanders Findings: Property Description and Background: The subject property is located on Garland Avenue, south of Sycamore Street, and contains approximately 0.73 acre. On June 2, 2009, the Planning Division approved a Site Improvement Plan application(SIP 09-3279) on the subject property for two multi-family structures containing a total of 11 dwelling units and associated parking, and a building permit was issued in August of 2009 for construction of the development. During its construction, the property was foreclosed and all work on the site ceased, leaving a majority of the infrastructure to be installed, the parking lot to be paved and striped, and the interior of the buildings to be completed. The property was recently purchased from the bank by the current property owner, and a new survey of the property shows that the two substantially completed buildings encroach into a utility easement located internal to the site, as indicated on the most recent survey included in this packet. Request: The applicant's request is to vacate two separate portions of the existing utility easement to accommodate the substantially complete buildings, 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 G:\ETC\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 Southwestern Electric Power Company No Objections 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: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3861 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 ❑ Denied ❑ Tabled Date: June 27, 2011 Motion: Winston Second: Chesser Vote: 6-0-0 (Commissioner Hoskins arrived after this vote) Note: Forwarded on the consent agenda GAETC\Development services Review\2011\Development Review\11-3793 VAC N.side of Douglas St(U of A Easement)\03 Planning Commission\03-28-2011\Comments and Redlines O\ MPlcr IM]W421 IIM.Ow elhlbK .V[7n pKIelT,sn111011IQx7a3 AM,loin GARLAND AVE./HWY. 112 - —E --i- _ -- -- ---. r 502'37'04"w - 7fi0.34' V _ IZ — NO2'37b4"f '09.8ry' f _ R m O o i'a I 502'32'14'W I ` I52.84' I I 2n I I o II 3iepo 3: o'U.C. a nr 4,Iaa-4ss r Ri$e� t% l3 igx co II o tS �^ I stll Yw 301 f +x yPr y I way azo I o� I G. :=S;; 8- 9L voft y: g0 t aya;= o I o1n 1 v I M.43 L J II mrt !I r.' I �$FB� $ 76..°!_�S 4 I II f U—��k_cs--0 y fgpl x$c3°s_f• L 4t .�'� • gg � 1 ° 49.63' wI •%S=o 8 �oS:s _ 3 I zzs•Do'z II ets.a Uag I `4963' 30�•. .- �v 502.32'04"W < 11N r oe;o ',�o �V J N •°.� Nv I F •� � " > ZR � 1 T x BVI S02'32'14"w — r - G co Pa 79.32' 9 r r� GARLAND TO WNHOMES i4i.r F J EASEMENT VA CATION EXHIBIT