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Home My WebLink AboutOrdinance 5695Doc ID: 015823490003 Type: REL Kind: ORDINANCE Recorded: 07/25/2014 at 09:19:32 AM Fee Amt: $25.00 Pape 1 of 3 Washington CountV, AR Kyle Svlvester Circuit Clark Flle2014-00018743 ORDINANCE NO. 5695 AN ORDINANCE APPROVING VAC 14-4740 SUBMITTED BY BLEW AND ASSOCIATES FOR PROPERTY LOCATED AT 514 W. MARTIN LUTHER KING, JR. BLVD TO VACATE AN EXISTING 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 easements are 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 utility easements described in Exhibit `B" attached hereto and made a part thereof. 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. PASSED and APPROVED this I" day of July, 2014. ATTEST: By: 2 J&k:'L 'c /a . SONDRA E. SMITH, City Clerk/Trc = r` "J�.^ 1 EXHIBIT IB' 14-4740 PROPERTY DESCRIPTION• A PART OF LOTS 1, 2, 3, 16, 17, 18, & 19, BLOCI{ 21 IN FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. ALSO A PORTION OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY ST LOUIS SAN FRANCISCO RAILWAY COMPANY) PROPERTY AT FAYETTEVILLE, ARKANSAS LOCATED ON THE FORT SMITH, ARKANSAS TO MONETT, MISSOURI BRANCH LINE, NOW DISCONTINUED, LOCATED UPON, OVER, AND ACROSS A PART OF BLOCK 21 OF SAID FERGUSON'S ADDITION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY #180 WHICH IS N89057'29"E 25.00' AND N00002'31"W 15.03' FROM THE SOUTHWEST CORNER OF SAID LOT 16 AND RUNNING THENCE N00002'31 "W 180.31' TO A FOUND IRON PIN; THENCE N89°58'29"E 171.01' TO A FOUND IRON PIN; THENCE S16009'02"E 33.22'; THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 425.71' AND A CHORD BEARING AND DISTANCE OF S05045'25"E 156.31' TO THE NORTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY #180, THENCE ALONG SAID RIGHT-OF-WAY N78019'04"W 2.22'; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N88003'50"W 193.73' TO THE POINT OF BEGINNING. CONTAINING 0.80 ACRES MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PROPOSED EASEMENT VACATION AN EXISTING UTILITY EASEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT THAT IS N89°57'29"E 25.00', N00°02'31 "W 15.03' AND S88003'50"E 84.54' FROM THE SOUTHWEST CORNER OF LOT 16 AND RUNNING THENCE N00001'23"E 42.83; THENCE S89055'39"W 84.54'; THENCE N00002'31"W 10.00; THENCE N89055'39"E 84.55'; THENCE N00°01'23"E 130.40'; THENCE N89057'29"E 20.00; THENCE S00001'23"W 130.39; THENCE N89°55'39"E 64.23; THENCE S00004'21"E 10.00'; THENCE S89°55'39"W 64.25; THENCE S00001'23"W 43.53; THENCE N88003'50"W 20.01' TO THE POINT OF BEGINNING. VAC 14-4740 Close Up View T 11 I I Legend ............. Multi -Use Trail "Future Trails i �f1 F_eyetteviIIe City _�fr. EXHIBIT 'A' 14-4740 FILBECK I ..n.....• ...................... ru ••ourrr ji roar 14-4740 ® Footprints 2010 - Hillside -Hilltop Design Overlay Design Overlay ay District m 0 37.5 75 150 225 300 - Planning Area I Feel ST Washington County, AR I certify this instrument was filed on 07/25/2014 09:19:32 AM and recorded in Real Estate File Number 4-000187 Kyle Sylvest r- ircui ark by Quin Thompson Submitted By City of Fayetteville Item Review Form 2014-0263 Legistar File Number 07/01/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department VAC 14-4740: Vacation (514 W. MLK BLVD/FILBECK, 523): Submitted by BLEW & ASSOCIATES for property located at 514 W. MLK BLVD. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.76 acres. The request is to vacate an existing utility easement. Does this item have a cost? = Cost of this request Account Number Project Number Budgeted item? = Category or Project Budget Funds Used to Date $0.00 Remaining Balance Budget Adjustment Attached? Program or Project Name Program or Project Category Fund Name V20130812 INTER g Previous Ordinance or Resolution # lj "'`'yJl9l/ fN fl Original Contract Number: Comments: ,JAL ItGQv� �� CITY OF a e evi Ie ARKANSAS MEETING OF JULY 1, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director 000) FROM: Quin Thompson, Current Planner DATE: June 10, 2014 SUBJECT: VAC 14-4740: Vacation (514 W. MILK BLVD/FILBECK, 523): Submitted by BLEW & ASSOCIATES for property located at 514 W. MLK BLVD. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.76 acres. The request is to vacate existing utility easements. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate utility easements as requested. BACKGROUND: The subject 0.76 -acre property is at 514 West Martin Luther King Boulevard, is zoned MSC, Main Street Centre and is developed with a small auto repair shop and storage yard that is not in use. There are existing utility easements that entirely bisect the site including the existing building. The - applicant requests vacation of these utility easements, as indicated on the attached survey. DISCUSSION: On June 9, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 6-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4740 SUBMITTED BY BLEW AND ASSOCIATES FOR PROPERTY LOCATED AT 514 W. MLK BLVD TO VACATE AN EXISTING 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 easements are 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 utility easements described in Exhibit `B" attached hereto and made a part thereof. 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. PASSED and APPROVED this By: LIONELD JORDAN, Mayor day of , 2014. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer VAC 14-4740 Close Up View EXHIBIT 'A' 14-4740 FILBECK SUBJECT PROPERTY a r, AVP ! I'�L 671 •.,.... •...n.• X- , i �—t�allti Legend' Multi -Use TraiE Existin t Trails }r` !1� - r . etteville Ci€jl Limits ' _• 1 Footprints 2010 p — Hillside -Hilltop ( Design Overlay Design Overlay ------ Planning Area District 0 37 5 75 150 225 300 Feet PRAIRIE ST EXHIBIT "B" VAC 14-4740 PROPOSED EASEMENT VACATION AN EXISTING UTILITY EASEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT THAT IS N89057'29"E 25.00', N00°02'31"W 15.03' AND S88°03'50"E 84.54' FROM THE SOUTHWEST CORNER OF LOT 16 AND RUNNING THENCE N00001'23"E 42.83'; THENCE S89055'39"W84.54'; THENCE N00°02'31"W 10.00'; THENCE N89°55'39"E 84.55'; THENCE N00001'23"E 130.40'; THENCE N89°57'29"E 20.00'; THENCE S00°01'23"W 130.39'; THENCE N89°55'39"E 64.23'; THENCE S00°04'21"E 10.00'; THENCE S89°55'39"W 64.25` THENCE S00°01'23"W 43.53'; THENCE N88°03'50"W 20.01' TO THE POINT OF BEGINNING. CITY OF �T p a e Y 1 �L� PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: ju&ge 9, 2014 U p — dated June 0 2014 —— SUBJECT: VAC 14-4740: Vacation (514 W. MILK BLVDIFILBECK, 523): Submitted by BLEW & ASSOCIATES for property located at 514 W. MILK BLVD. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.76 acres. The request is to vacate an existing utility easement. RECOMMENDATION: Staff recommends forwarding VAC 14-4740 to the City Council with a recommendation for approval. BACKGROUND: Property and background: The subject 0.76 -acre property is at 514 West Martin Luther King Boulevard, is zoned MSC, Main Street Centre and is developed with a small auto repair shop and storage yard. There are existing utility easements that entirely bisect the site including the existing building. Surrounding land use and zoning is depicted in Table 1. Table 1 _ Surroundin Land Use and on g Direction Land Use Zoning from Site North Single family residence _ Farmer's Co-op _T Frisco multi -use trail Screen printing_shop _ DG, Downtown General South MSC. Main Street Center P-1, Institutional East West MSC. Main Street Center Proposal: The applicant requests vacation of utility easements that bisect the site, as indicated on the attached survey. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections. Mailing Address: Planning Commission 113 W. Mountain Street www.fayet0'X'?i. h Fayetteville, AR 72701 14-4740 VAC Filbeck Page 1 of 14 UTILITIES RESPONSE Cox Communications No objections AEP/SWEPCO No objections Source Gas No objections AT&T No objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 14-4740 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION: Required Date: June 9, 2014 O Tabled 14 Forwarded O Denied Motion: Winston Second: Autry Vote: 6-0-0 Note: On the consent agenda, CITY COUNCIL ACTION: Required Date: O Approved O Denied WETC0evelopment Services Review120140evelopment RevievvU4-4740 VAC 514 W. MILK Blvd (Filbeck) Planning Commission 103 Planning Commission\06-09-14\Comments and Redlines June 9. 2014 Agenda Item 2 14-4740 VAC Filbeck Page 2 of 14 BUDGET/STAFF IMPACT: None Attachmenta: Request Letter Petition to Vacate Utility Approvals Easement Vacation Exhibit One Mile Map Close Up Map WETC10avelopment SeMon Review1201410evelopment Reviawit4-47413 VAC 514W. MLK Blvd (Fllbeak) Planning Commission 103 Planning Commisslon106-og-141Comments and Redlines June s. 2014 Agenda Item 2 14-4740 VAC Filback Page 3 01`14 4�* Blew Associates, P.A. Civil Engineers Professional Land Surveyors 524 W. Sycamore Street Suite H4 Fayetteville, AR 72703 PH: 479443-4506 " FAX: 479-582-1883 http://www.blewinc.com April 30, 2014 City of Fayetteville Planning Commission and City of Fayetteville City Council. We would like to present for your consideration a request for an easement vacation on behalf of Krystal Filbeck We ask for a vacation of the areas as shown on the attached drawing where during the process of a property boundary survey, the main existing building were found to encroach upon an existing utility easement. We would request a vacation of these areas to remove the buildings from encroaching upon these easements. Thank you for your consideration on this matter. Scott Blacksher Office Manager Planning Commission June 9, 2014 Agenda Item 2 14-4740 VAC Filbeck Page 4 of 14 PETITION TO VACATE AN EASEMENT LOCATED IN BLOCK 21, FERGUSON'S ADDITION, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Block 21, Ferguson's Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: AN EXISTING UTILITY EASEMENT, BEING MORE PAR'CICUI.ARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT THAT IS N89057'29"E 25.00', N00°02'31 "W 15.03' AND S88 -03'50"E 84.54' FROM THP, SOUTI IWES'C CORNER OF LOT 16, BLOCK 21 OF FERGUSON'S ADDITION TO THE CITY OF FAYE; ITEVILEF., ARKANSAS, ANI) RUNNING THENCE. N00001'23"E 42.83; THENCE S89°55'39"W 84.54'; THENCE N00002'31"W 10.00; THENCE N89055'39"E 84.55; THENCE N00°01'23"E 130.40; TIIENCE N89°57'29"b: 20.00; THENCE S00001'23"W 1.3039 ; THENCE N89°55'39"E 64.23 ; THb.NCE S00004'21"E 10.00; THENCE S89°55'39"W 64.25; THENCE, S00001'23"W 43.53'; THENCE N88003'50"W 20.01' TO T'HE POINT OF BEGINNING. That abutting real estate affected by said abandonment of the casement arc a part of block 21, Ferguson's Addition, City of Fayetteville used by the public fora 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 the 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 fi om easements of the public for the use of said easement. Dated this 19% day of MAY, 2014. Printed Name 77� - igi� rc Printed Name Signature Planning Commission June 9, 2014 Agenda Item 2 14-4740 VAC Filbeck Page 5 of 14 UTILITY RELEASE FORM General Utility Easement, Drainage Easement, Public Access Easement, Alley, Street, R.O.W. Unlitycampany Cox Communications _- J Date Requested Vacation rlabel4203_ J I have been notlfled or the pertlon to vacate thefollowing — - —� described as follows: Legal Description UTUTY COMPANY COMMENTS (Send release farm to the applfcaot's provided address). ❑ No objections to the vacation(s) desalbed above. ® No objections to the vaatlon(s)demilbed above, provided the following described easements are retained. 0 Objects to the vacatlun(ss described above, reason described below, Any unmat r to Describe or relocation of existing tncilNiec will—b, at I 11 , nwnm'.cldevcl reasons for upera expense. Objection or easements to be retalned _ Construction Plannerlll NWA _ 519naiure of Gdlity Company Nap enWbv° Title Planning Commission June 9, 2014 Agenda Item 2 14-4740 VAC Filbeck Page 6 of 14 UTILITY RELEASE FORM General Utility Easement, Drainage Easement, Public Access Easement, Alley, Street, R.O.W. UtlIfty Comps ny �r1 t f'LvEf �� —_ Date - Z Requested Vacation — I have been notified of the petition to vacate the following r described as Follows- I t t i Legal Description UTILITY COMPANY COMMENTS (Send release form to the applicant's provided address). No objections to the vacation(,) described above. ❑ No objections to the vacation(s) described above, provided the following described easements are retained. ❑ Objects to the vacatlori described above, reason described below. Describe reasons for Objection or ease,nel)U m oe retained /yyr� l Slgnan.re nfl d:tY Company Representarbe ,�i rzry. �Tiya� ENi iil�E7L. Title Planning Commission June 9, 2014 Agenda Item 2 14-4740 VAC Filbeck Page 7 of 14 UTILITY RELEASE FORM General Utility Easement, Drainage Easement, Publfc Access Easement, Alley, Street, R.O.W. Utility Company 50U�LP G4 S Date � ?1 /U Requested Vacation i I have been notified of the petition to vacate the following deurlbed asfollows: L�r,),_T.vi��'r 'ysL•?G.ut�_ _. __- - SPF l?r1T°w�� Sv�UP�y ii Legal Description i UTILITY COMPANY COMMENTS (Send release form to the applicant's provided add ressj. �No objections to the vacatlon(s) described above. ❑ No objections to the vacatlon(s)described above, provided the following described easements are retained. ❑ Objects to the vacations) described above, reason described below, Describe reasons for objection or easements to be [nod `I re /4'r o SlgRature of Utility Company Representative Title Planning Commission June 9, 2014 Agenda Item 2 14-4740 VAC Filbeck Page 8 of 14 UTILITY RELEASE FORM General Utility Easement, Drainage Easement, Public Access Easement, Alley, Street, R.O.W UtilityCompanyATBT 1 Date 4!25!2014 __ Requested Vacation 1 I have been notified of the petition to vacate the following t- 1 described as follows; Legal Description UTILITY COMPANY COMMENTS (Send release farm to the applicant's provided address). W No objections to the vacationist described above. ❑ No oblMlons to the vacallon(st described above, provided the following described easements are retained. ❑ Objects to the vacatlon(s)described above, reason described below. Describe reaaansfor objection or easements to be retained Manager OSP_EngineefingTa�fQnAT&T azure or Utility nepresentatfve Tide Planning Commission June 9. 2014 Agenda Item 2 14-4740 VAC Filbeck Page 9 of 14 UTILITY RELEASE FORM General Utility Easement, Drainage Easement, Public Access Easement, Alley, Street, R.O.W. UtlNtyCompany �I7YQf FAlr E`(MLI.E I Date I i. mA r;o14- Woffet It SEWFf - Rettuestedvacatlen I.WMW WWOF NEw 'jwM1L -JW?fU Ihear been nodiledofthe petition tovacate the following I __. .__ __. _ .. __ desalbMasfdbws: Legal Description UIIts1YCOMPANY COMMFMS (Send release form to the applicant's provided address). P/no objection; to the vacedon(s) described above. ❑ No objections to the vacationist described above, provided the following described easements are retained. ❑ Objects tothe vacation(s) described above, reason described below. Describe reasons for objedlon or easements to retained q l/I?FiCIM Wltli'Y OJk�i�pt._ IIeP,evrnlaliue fide Planning Commission June 9. 2014 Agenda Item 2 14-4740 VAC Filbeck Page 10 of 14 w i I /I It 1 •� 1 y9 1 \ 1 Vn�rvr.N�� I J .1i 3t - - a1L _\�\_I,1i�t q �5 -- frIf1rrr w i I /I It 1 •� 1 y9 1 \ I }i /l r Planning CoMr fission June 0. 2014 144740 VAC Filbeck Page 11 of 14 1 Vn�rvr.N�� I J .1i 3t a1L _\�\_I,1i�t jlju frIf1rrr A I }i /l r Planning CoMr fission June 0. 2014 144740 VAC Filbeck Page 11 of 14 ON R �u~ y\ I / it v n-n...r I . �� • 'MG"IAO M Cl PlanningCommission une92014 Agenda Item 2 14.4740 VAC Filheck Page 12 of 14 14-4740 VAC Filbeck Page 14 of 14 NORTHWEST ARKANSAS DEMOCRAT-CAZEITE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NBVSPAPE16LLC THE MORNING NEWS OF ROGERSTIMES NORTHWEST ARKANSAS TIMES RENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479,442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ord. 5695 Was inserted in the Regular Editions on: July 10, 2014 Publication Charges: $ 77.82 Varen Caler Subscribed and sworn to before me This 11 day of 04A";�- 12014. AM, L Notary Public My Commission Expires:-Z612,o2 . CATHY WILES Arkansas - Benton County lbtuy Public - Comm# 12397118 My Commission Expires Feb 29, 2024 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUL 21 2014 CITY OF FAY ETTEVILLE CITY CLERK'S OFFICE