HomeMy WebLinkAboutOrdinance 5537 Doc ID: 014894420003 Type: REL
Kind: ORDINANCE
Recorded: 11/18/2012 at 01:44:32 PM
Fee Amt: 825.00 Pace 1 of 3
Washlnoton Countv. AR
Bette Stamps Circuit Clerk
File2012-00034901
ORDINANCE NO. 5537
AN ORDINANCE APPROVING VAC 12-4221 SUBMITTED BY LOREL
HOFFMAN FOR PROPERTY LOCATED AT 2111 MARTIN LUTHER KING
BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER
EASEMENT, A TOTAL OF 2,039 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 water and 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 described portion of a water and sewer 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.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this 16a' day of October, 2012. +��\���:\'•G\Ty OF 9sG i
.v. -M
•FAYETTEVILLE I�=
APPROVED: ATTEST:
4��y9�kANSP�
B : By: Ull Cl .
LIONELD JO N,Mayor SONDRA E. SMITH, City C e k/T asurer
EXHIBIT "A"
I POINT OF
COMMENCEMENT
NORTHEAST CORNER,
NORTHWEST QUARTER,
NORTHWEST QUARTER,
SECTION 20 (Ti6N-R3OW)
DESCRIPTION (UTILITY
T OFCASEMENT
A PART NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF
V �P SECTION 20, TOWNSHIP 16 NORTH,
RANGE 30 WEST, IN THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY,
�!T oo rr ARKANSAS, BEING MORE PARTICULARLY
in DESCRIBED AS FOLLOWS:
/ N90.00�QO"E COMMENCING AT THE NORTHEAST
15.00' ! CORNER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID
90'40'00"W SECTION 20; THENCE 500'00'00"W ON
25' UTILITY 10.00' THE EAST LINE OF THE NORTHWEST
EASEMENT POINT OF QUARTER OF THE NORTHWEST QUARTER
BOOK 986, OF SAID SECTION 20 A DISTANCE OF
PAGE 286INNA 266.69 FEET; THENCE S90'00'00"W A
(UTILITY EASEMENT DISTANCE OF 10.00 FEET TO THE POINT
VACATION) OF BEGINNING OF THE TRACT OF LAND
TO BE DESCRIBED; THENCE S00'00'00"W
A DISTANCE OF 132.84 FEET; THENCE
EASEMENTS67'23'00"W A DISTANCE OF 16.25
132
VACATION 50 .8 FEET; THENCE NOO'00'00"E A DISTANCE
NOO'00'00"E 132'84'' OF 139.09 FEET; THENCE N90'00'00"E
139.09' A DISTANCE OF 15.00 FEET TO THE
POINT OF BEGINNING. CONTAINS 2039
�BV�NG I SQUARE FEET, MORE OR 'LESS
56723'00"W utu npr
16.25'
HAROLD D. RODGERS, JR.
ARKANSAS LS-1422 _ 1406
���'f�•�'
EXHIBIT"A"
SURVEYS 4 DESIGN, LLC PROJECT#: 12-2207
1302 CHESTNUT LANE PANDA EXPRESS
EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62
PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS
UTILITY EASEMENT VACATION EXHIBIT
2207EXHISIT.dwg
EXHIBIT "B"
VAC 12-4221
DESCRIPTION: (UTILITY EASEMENT VACATION)
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE
CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20;
THENCE S00'00'00"W ON THE EAST LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A
DISTANCE OF 266.69 FEET; THENCE S90'00'00"W A DISTANCE
OF10.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND TO BE DESCRIBED; THENCE S00'00'00"W A DISTANCE OF
132.84 FEET; THENCE S67'23'00"W A DISTANCE OF 16.25 FEET;
THENCE N00'00'00"E A DISTANCE OF 139.09 FEET; THENCE
N90'00'00"E A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING. CONTAINS 2,039 SQUARE FEET, MORE OR LESS.
Washington County,AR
I certify this instrument was filed on
11/16/2012 01:44:32 PM
and recorded in Real Estate
File Number 2012-00034901
Bette Stamps- Circuit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
1011612012
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
VAC 12-4221: Vacation (2111 MARTIN LUTHER KING BLVD./PANDA EXPRESS, 559): Submitted by LOREL
HOFFMAN for property located at 2111 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2,
THOROUGHFARE COMMERCIAL, and contains 2,039 square feet. The request is to vacate a portion of a water and
sewer 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
erI/�L Previous Ordinance or Resolution#
Deparlme ector 4Date
�
�f Original Contract Date:
Original Contract Number:
y Attorney p p Date
L9'Zdl%
Finance and Internal Services Director Date Received in City -
Clerk's Office
Z8-/2—
Chief
LChief of St Dale
" Received in
Mayor's Office }(3
Mayor ale
Comments:
Revised January 15,2009
Fave
refle
THE CITY OF FAYETTEVILLE,ARKANSAS
1 DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: September 28, 2012
Subject: VAC 12-4221 (2111 MARTIN LUTHER KING/PANDA EXPRESS)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a water and
sewer easment.
BACKGROUND
The subject property is located at 2111 Martin Luther King Boulevard and is zoned C-2, Thoroughfare
Commercial. The site is currently developed with a commercial building. The applicant has submitted a Site
Improvement Plan application to redevelop the property with a new Panda Express restaurant. Before this
development proposal can move forward, a portion of the existing water and sewer easement must be vacated.
Request: The applicant's request is to vacate a portion of an existing water and sewer easement. The Water and
Sewer Division has reviewed this request and does not object to the vacation. Utility improvements will be
required at the time of development.
DISCUSSION
On September 24, 2012, the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 7-0-0.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 12-4221 SUBMITTED
BY LOREL HOFFMAN FOR PROPERTY LOCATED AT 2111
MARTIN LUTHER KING BOULEVARD TO VACATE A
PORTION OF A WATER AND SEWER EASEMENT, A
TOTAL OF 2,039 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 water and 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 described portion of a water and sewer 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.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this day of 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
i POINT OF
COMMENCEMENT
NORTHEAST CORNER,
NORTHWEST QUARTER,
NORTHWEST QUARTER,
SECTION 20 (T16NDESCRIPTION; UTILITY
EASEMENT VACATION
A PART OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF
�� o� SECTION 20, TOWNSHIP 16 NORTH,
�\O o,o RANGE 30 WEST, IN THE CITY OF
oN ARKANSAS,FAYETTEVILLBEINGMORE WASHINGTON ARTICULARLY
DESCRIBED AS FOLLOWS:
N90'00'OQ"E COMMENCING AT THE NORTHEAST
155'00' f CORNER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID
S90,00,0o"W SECTION 20; THENCE 500'00'00"W ON
25' UTILITY 10.00' THE EAST LINE OF THE NORTHWEST
EASEMENT POINT OF QUARTER OF THE NORTHWEST QUARTER
BOOK 986, OF SAID SECTION 20 A DISTANCE OF
PAGE 288 INNING 266.69 FEET, THENCE S90'00'00"W A
(UTILITY EASEMENT DISTANCE OF 1000 FEET TO THE POINT
VACATION OF BEGINNING OF THE TRACT OF LAND
TO BE DESCRIBED; THENCE 50000'00"W
A DISTANCE OF 132 84 FEEL; THENCE
EASEMENT567'23'00"W A DISTANCE OF 16.25
VACATION 500'00'0011W FEET; THENCE NOO'00'00"E A DISTANCE
N00'00'00"E 132.84' OF 139 09 FEET; THENCE N90'00'00"E
139.09' A DISTANCE OF 15.00 FEET TO THE
POINT OF BEGINNING_ CONTAINS 2039
E�V�aG SQUARE FEET, MORE OR 'LESS
SCALE: 1"=40'
/ S6 16.25' „
HAROLD D. RODGERS, JR. ----__
ARKANSAS LS-1422
�
LO• �V�'J
AL
EXHIBIT"A"
SURVEYS 4 DESIGN, LLC PROJECT#: 12-2207
1302 CHESTNUT LANE PANDA EXPRESS
EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62
PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS
UTILITY EASEMENT VACATION EXHIBIT
2207EXH18/T.dwg
EXHIBIT "B"
VAC 12-4221
DESCRIPTION: (UTILITY EASEMENT VACATION)
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE
CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20;
THENCE S00'00'00"W ON THE EAST LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A
DISTANCE OF 266.69 FEET; THENCE S90'00'00"W A DISTANCE
OF10.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND TO BE DESCRIBED; THENCE S00'00'00"W A DISTANCE OF
132.84 FEET; THENCE S67'23'00"W A DISTANCE OF 16.25 FEET;
THENCE N00'00'00"E A DISTANCE OF 139.09 FEET; THENCE
N90'00'00"E A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING. CONTAINS 2,039 SQUARE FEET, MORE OR LESS.
Taye eville PC Meeting of September 24, 2012
ARKA14SAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: September 19, 2012 Updated September 27, 2012
VAC 12-4221: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559):
Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER
KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 0.04 acres. The request is to vacate a portion of a water and sewer
easement on the subject property. Planner: Jesse Fulcher
Findings:
Property Description and Background: The subject property is located at 2111 Martin
Luther King Boulevard and is zoned C-2,Thoroughfare Commercial. The site is currently
developed with a commercial building. The applicant has submitted a Site Improvement
Plan application to redevelop the property with a new Panda Express restaurant. Before
this development proposal can move forward, a portion of the existing water and sewer
easement must be vacated.
Request• The applicant's request is to vacate a portion of an existing water and sewer
easement. The Water and Sewer Division has reviewed this request and does not object to
the vacation. Utility improvements will be required at the time of development.
Easement Vacation Approval: The applicant has submitted the required easement
vacation notification forms to the utility companies and to the City with the results
summarized below.
UTILITIES RESPONSE
AEP/SWEPCO No Objections
Ozarks Electric Cooperative No Objections
Cox Communications No Objections
Source Gas No Objections
GAEI C\Development Services Review\2012\Development Review\12-4221 VAC Panda Express\16 Planning Commission\9-24-12
PC fomarded\Comments and Redlines
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 12-4221 to the City Council with
a recommendation for approval subject to the following condition:
1. Relocation of or damage to any existing utilities will be at the owner's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: 1i Forwarded O Denied O Tabled
Date: September 24, 2012
Motion: Cook
Second: Cabe
Vote: 7-0-0
Notes:
GAETC\Development Services Review\2012\13evelopmma Review\12-4221 VAC Panda Express\16 Planning Conunission\9-24-12
PC forwarded\Comments and Redlines
Panda Exnress Water line Vacation
PETITION TO VACATE A WATER LINE EASEMENT,LOCATED IN(lot 2,block 2,Fayetteville Center
Subdivision),CITY OF FAYETTEVILLE,ARKANSAS
TO:The Fayetteville City Planning Commission and
The Fayetteville City Council
I,the undersigned,being the authorized agent of all the owners of the real estate abutting the water line easement,
hereinafter sought to be abandoned and vacated,lying in(lot 2,block 2,Fayetteville Center Subdivision),City of
Fayetteville,Arkansas,a municipal corporation,petition to vacate a water line easement,which is described as
follows:
(see attached survey by Surveys 4 Design,LLC)
That the abutting real estate affected by said abandonment of the alley are(see attached Special Certificate
provided to applicant by Waco Title)City of Fayetteville used by the public for a period of many years,and that the
public interest and welfare would not be adversely affected by the abandonment of the portion of the above
described easement.
The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,
subject,however,to the existing utility easements and sewer easements as required,and that the above described
real estate be used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
_ Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that
title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as
to that particular land the owners be free from the easements of the public for the use of said alley.
Dated this JE�day of August,2012
Printed Name:lorel Hoffman,agent
Signature
