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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