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HomeMy WebLinkAboutOrdinance 5436 Illlil�liiiilllii�lliilliiiillllllliiiillill6ililiiiilll�llllllllilllllll Doc ID: 014230940003 Type: BEL Kind: ORDINANCE Recorded: 09/30/2011 at 03:20:52 PM Fee Amt: $25.00 Pace 1 of 3 Nashlnoton County. AR Bette Stamps Circuit Clerk File2011-00027481 ORDINANCE NO. 5436 AN ORDINANCE APPROVING VAC 11-3887 SUBMITTED BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2388 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 1,158 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Condition of Approval and shall not be in effect until the condition is met herein. "Any damage or relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 6h day of September, 2011. APPROVED: ATTEST: CUA ��9 ;FAYETTEVILLE; By: By: �/ :�. I NELD J ,Mayor SONDRA E. SMITH Ci 'Clerk/Treasifr S�gRKgNSQ� ���'�.;NGTON���N- EXHIBIT "A" z w II Ta;� qyg� �.c vii rco V� ry0y4 Qhri� ii yon a �U a ' � I '3 Q a I C 1, r 4 41 !lam d J O l' N W gxn� -iia � Wm � MS ri IN lL � W m CI o Y C N aFiy O W � W pp®p� � W s � 'Q 45 JCC Na •.L °by C, it m Zn -d °Nv moo« °�oo,v3� �I 4 y � C _ NWv,a;Nnv �i S b p y o .rvMj W Q$U t O y ti `od o v �CC o 3 0 � C •� W U `Y lfl OUp W to o, �W i ° Cyo q Dy C 2p m W �� LHttN A6 O3/it5 lSV]�V-aluaon lory 5 p15gL SNINYNO OIS9L Y BT EXHIBIT "B" VAC 11-3887 5'GENERAL UTILITY EASEMENT VACATE THE NORTH 5'OF THAT PARTICULAR 20' GENERAL UTILITY EASEMENT PARALLEL WITH THE SOUTH LINE OF LOT 1 OF KUM&GO ADDITION TO THE CITY OF FAYETTEVILLE PER FILE#2011-0008508, IN THE PUBLIC RECORDS OF WASHINGTON COUNTY,ARKANSAS, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A MAG NAIL WITH WASHER(LS 1534)AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE EAST RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 71B, ALSO BEING THE WEST LINE OF SAID LOT 1,NORTH 13°34'32"EAST,A DISTANCE OF 15.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE,NORTH 13°34'32" EAST,A DISTANCE OF 5.08 FEET; THENCE ALONG THE NORTH LINE OF SAID 20'GENERAL UTILITY EASEMENT, SOUTH 86052'59" EAST,A DISTANCE OF 229.49 FEET TO THE WEST RIGHT-OF-WAY OF JANE AVENUE PER SAID KUM&GO ADDITION; THENCE ALONG SAID RIGHT-OF-WAY AND ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 40.00 FEET,AND A CHORD WHICH BEARS SOUTH 30015'54" EAST AND A CHORD DISTANCE OF 5.99 FEET; THENCE ALONG A LINE PARALLEL WITH AFOREMENTIONED NORTH LINE,NORTH 86°52'59" WEST,A DISTANCE OF 233.71 FEET TO THE POINT OF BEGINNING, CONTAINING 1,158 SQUARE FEET OR 0.03 ACRES,MORE OR LESS. Washington County,AR I certify this instrumentwas filed on !, b9/30/2011 03:20:52 PM and recorded in Real Estate File Number 2011-00027481 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/6/2011 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 11-3887: Vacation (2388 N. College Ave./Kum & Go, 405): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 2388 North College Avenue. The property is zoned C-2, THOROUGHFARE COMMERCIAL. 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 .'AwUkt,• 0 .�L•t,el Previous Ordinance or Resolution# Deparlmen ireclor Date Original Contract Date: Original Contract Number: City Atto ey Date nan a and Internal S ices Director Dae Received in City v I' Clerk's Office �/ ChWY of St Date Received in EIIjERE / Mayor's Office � ? /. Yor D / Comments: Revised January 15,2009 ayer1olTHECITYOFFAPARTEWCO CORRESPONDENCE DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Directord From: Dara Sanders, Current Planner Date: August 12, 2011 Subject: VAC 11-3887 (2388 College Avenue Easement Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a utility easement containing 1,158 square feet. BACKGROUND The subject property is located at the southeast corner of the intersection of Township Street and College Avenue at 2388 College Avenue. On November 8, 2010, the Planning Commission approved a Large Scale Development application (LSD 09-3495) for a 10-pump gas station with a 4,958 sq. ft. convenience store and associated parking. Prior to the issuance of a building permit, the Fayetteville Utilities Department required dedication of a 15-foot sewer easement along the southern property line for an existing sewer line. The applicant proposed and dedicated a 20-foot general utility easement by plat. All building permits were issued for the project and the site is still under construction. Shortly after the site construction began, City inspectors identified a conflict in the location of the underground gas storage tanks and the dedicated 20-foot general utility easement, as the southern portion of the tanks encroach into the northern portion of the utility easement. The applicant's request is to vacate five feet of the general utility easement, which would result in the original easement request of 15 feet. DISCUSSION On August 8, 2011, the Planning Commission forwarded this item to the City Council with a recommendation-for approval with a vote of 7-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3887 SUBMITTED BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2388 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 1,158 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 described utility easement 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 damage 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" NNN NN 4 rcu WW Lo OvinC nn lfl © W q i 0 Li ly o, EJ ry A rn Y, `tea Y n h• ! 0 4 o o y[U h c H ro nWQ+t0. Vt.. p Q� y Y O 0 O ? IZ 1 o NwQ t ;W vo ° o;n ao � n� ce"�iC ° ¢ qn ��• w °� t2 .0,C Ot Wv Irchf� �'A� --_ COi [ ♦ tN1YM AB ONvs 15Y7 D.1w O199Z l QOf EXHIBIT "B" VAC 11-3887 5'GENERAL UTILITY EASEMENT VACATE THE NORTH 5' OF THAT PARTICULAR 20' GENERAL UTILITY EASEMENT PARALLEL WITH THE SOUTH LINE OF LOT 1 OF KUM&GO ADDITION TO THE CITY OF FAYETTEVILLE PER FILE#2011-0008508,IN THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A MAG NAIL WITH WASHER(LS 1534)AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE ALONG THE EAST RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 71B, ALSO BEING THE WEST LINE OF SAID LOT 1,NORTH 13°34'32" EAST,A DISTANCE OF 15.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE,NORTH 13°34'32" EAST,A DISTANCE OF 5.08 FEET; THENCE ALONG THE NORTH LINE OF SAID 20' GENERAL UTILITY EASEMENT, SOUTH 86052'59" EAST,A DISTANCE OF 229.49 FEET TO THE WEST RIGHT-OF-WAY OF JANE AVENUE PER SAID KUM&GO ADDITION; THENCE ALONG SAID RIGHT-OF-WAY AND ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 40.00 FEET, AND A CHORD WHICH BEARS SOUTH 30015'54" EAST AND A CHORD DISTANCE OF 5.99 FEET; THENCE ALONG A LINE PARALLEL WITH AFOREMENTIONED NORTH LINE,NORTH 86°52'59" WEST,A DISTANCE OF 233.71 FEET TO THE POINT OF BEGINNING, CONTAINING 1,158 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. • T0"ayetr�vl e PC Meeting of August 8, 2011 KA 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: August 2, 2011 VAC 11-3887: Vacation (2388 N. COLLEGE AVE./KUM & GO, 405): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 2388 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.40 acres. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description and Background: The subject property is located at the southeast corner of the intersection of Township Street and College Avenue at 2388 College Avenue. On November 8, 2010, the Planning Commission approved a Large Scale Development application (LSD 09-3495) for a 10-pump gas station with a 4,958 sq. ft. convenience store and associated parking. Prior to the issuance of a building permit, the Fayetteville Utilities Department required dedication of a 15-foot sewer easement along the southern property line for an existing sewer line. The applicant proposed and dedicated a 20-foot general utility easement by plat. All building permits were issued for the project and the site is still under construction. Shortly after the site construction began, City inspectors identified a conflict in the location of the underground gas storage tanks and the dedicated 20-foot general utility easement, as the southern portion of the tanks encroach into the northern portion of the utility easement. Request: The applicant's request is to vacate five feet of the general utility easement, which would result in the original easement request of 15 feet, 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 G:\ETC\Development Services Review\2011 Wevelopment 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 Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3887 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: ❑ Forwarded ❑ Denied ❑ Tabled Date: August 8, 2011 Motion: Second: Vote: Note: 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 ' Lot 1 � Msg Nail I � r 6J/ /6� 6.S®fK6d6am(/6Jl/ � w/t+'osncr ♦� ' ([5!534) Portion of law A ve9° w Beira Vacated pert Ufi/it0 Easement corms acke 8 This Document sa%sale 5.08' 1,158 Sq. FL t, or 0.03 Aa.t Eorru� Pki rr / S86'52'S9"E 229.49' Sp+n Ne ' R=40.00' ' U)1 C0=53015'54"E CD=5.99' °r FOS N86.52'59"W 233.71' �fl[�l[/11�i1L� 20' Genera/ Utility Easement 5' Easement Vacate20' File - _ ZZ'$,¢,j' 11-000,3506? :/2"Reear \ FO. ' ~ ~-'-- South Line o£Lot 1 (LS rDDSJ N865259"W 7;5 An' 1 SW Cor oe Lot 1 5/6"Rector f / Mog Noil w/Washer (L51534) LEGEND EXISTING 5' General Utility Easement Vacate -------- PROPERTY LINE fie North 5' of that particular 20' General Utility Easement parallel with the South line of Lot ——---- EASEMENT LINE 1 of Kum & Go Addition to the City of Fayetteville per File )2011-0008508, in the public records of Washington County, Arkansas, being described by metes and bounds as follows' FOUND MONUMENT (AS NO7ED) Commencing at o Mog Nail with washer (LS 1534) at the Southwest corner of said Lot 1; T/ Thence along the East right—of—woy of Arkansas State Highway 718, also being the West line PORT/ON TO BE VACATED of said Lot 1, North 133432"East, a distance of 15.25 feet to the Point of Beginning; Thence continuing along sold West line, North 13'34J2"East, a distance of 5.08 feet Thence x along the North line of said 20' General Utility Easement South 865259"East, a distance of 229.49 feet to the West right—of—way of Jane Avenue per said Kum & Go Addition; Thence along said right—of—way and along o curve to the left, having o radius of 40.00 feet, and a chord which bears South 30'1554"East and a chord distance of 5.99 feet Thence along o line parallel with aforementioned North line, North 865259" West, o distance of 233.71 feet to the Point of Beginning, containing 1,158 Square Feet or 0.03 Acres, more or less. b NOTE: It is to be understood that this sketch is _ descriptive only of the size, shape end location of the easement and does not constitute a plat or survey of the Grantors'property. %5i 25 71 F11—OLDS DD RtF KMH ROD 3106 STY Regmry R" Suite 2 Phone 479-273-4472 Sate 1=30' Engineering Associates, Inc. on�E p�/p-s PM ORw CHK RDA TF eenlanMre. 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