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HomeMy WebLinkAboutOrdinance 5660ORDINANCE NO. 5660 AN ORDINANCE APPROVING VAC 13-4567 SUBMITTED BY CEI ENGINEERING FOR PROPERTY LOCATED AT 1851 EAST HUNTSVILLE ROAD TO VACATE WATER/SEWER EASEMENT, A TOTAL OF 7,193 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/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 water/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. PASSED and APPROVED this 5th day of February, 2014. F-MIJIMT61'W"M LOW ATTEST: Aua..,- "'Or At:!�-A SONDRA E. SMITH, City Clerk/Treasurer AolIf41rt1f1rr ♦♦� ' Y ray • j ;yur - �r ► r rn r i►►►► C. EXHIBIT "A" VAC 13-4567 „•,ON, \Recur UrNrr fir- Myo• - � � �2=pa ��8� q7 f art) �• Re� . �-�_ __ � Rsf+ar+ •� t 5fa1' Re6v J ` ``_ AAn7 Rs�lsrf) Revbed Tract 2 HaI per /nak.. 2013-00021661 82,727a A.af Ft. or r. s Potrel #765-15227-000 1 City of Foyellewle W 1 713 IF. Mourtlan 51 5110' Rotor eioui-vn: 851 AR 71701 LS�/lalf (>) � Locofion: 1851 F Huntsville Rd Cary of fayette0le N W n 1 U+�� �•' 20' Water / Sewer Eosement p \ V .`�j` Per 8k. 912, Pg. 48 to be Vacated \ City of fayettevllle 20' Water f Sewer Easement a/a• bey `f X per 8k. 912 Pg. 48 � � {�S r7n) Rs/rar+) \ f j1 to be Vacated a/b• Rebor� r 1 [ I \ � Rotor a 15' Worer / 5ewar + k'asemant 1 per 9k. 912, Pg. 48 1 I!! GRAPHIC SCALE 6o 0 30 eo ( IN FEET ) 1 inch = 60 it. Engineering Associates, Inc. SW Repoway Pau wq,% LEGEND ..� Property Line Adjacent Lot/Property Line —� -- — Existing Easement Line Rebor Found (As Noted) Qwa Found May Nail (As Noted) j 20' Water /Wafer Easement L�y L/J to be Vacated Scale: i" = W EXHUT A osr�r Na tr/19Is/la E Hmbv% Rd 6 HOPPy Holow Rd a•ar AAI 1 d 1 allaVlf9 Arkarme I FEV -0 EXHIBIT "B" VAC 13-4567 TRACT OF LAND SITUATED IN A PART OF THE NEIA OF THE NW1/4 OF SECTION 23, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 323.8 FEET SOUTH OF THE NW CORNER OF THE SAID NE'/4 OF THE NW' /4 OF ABOVE DESCRIBED SECTION 23, THENCE SOUTH 68008' EAST 220 FEET, THENCE SOUTH 70° 10' EAST 225 FEET, THENCE SOUTH 76043' EAST 214 FEET, THENCE SOUTH 1-08' EAST 700 FEET, THENCE NORTH 89° WEST 325 FEET, THENCE NORTH 45 -WEST 475 FEET, MORE OR LESS, TO A POINT 550 FEET SOUTH OF THE POINT OF BEGINNING, THENCE NORTH 550 FEET TO THE POINT OF BEGINNING, CONTAINING 9.5 ACRES, MORE OR LESS. A PERMANENT EASEMENT OF 15 FEET IN WIDTH, BEING 7%2 FEET EITHER SIDE OF A CENTERLINE. SAID CENTERLINE BEGINNING AT A POINT ON THE EAST PROPERTY LINE OF THE ABOVE DESCRIBED REAL ESTATE, SAID POINT BEING SOUTH 1008' EAST 79 FEET, FROM THE NE CORNER OF SAID REAL ESTATE; RUNNING THENCE NORTH 72°45' WEST 94 FEET, THENCE SOUTH 15°10' WEST 335 FEET TO A POINT. ALSO A PERMANENT EASEMENT OF 20 FEET WIDTH, BEING 10 FEET EITHER SIDE OF A CENTERLINE. SAID CENTERLINE BEGINNING AT A POINT WHICH IS SOUTH 1 °08' EAST79 FEET, THENCE NORTH 72°45' WEST 94 FEET, THENCE SOUTH 150 10' WEST 235 FEET FROM THE NE CORNER OF SAID REAL ESTATE AND RUNNING THENCE NORTH 68°45' WEST 341 FEET, THENCE NORTH 81 °00' WEST TO THE EAST RIGHT-OF-WAY LINE OF HIGHWAY 16 BYPASS, TO A POINT, SAID POINT BEING APPROXIMATELY 25 FEET EAST 347 FEET SOUTH OF THE NW CORNER OF THE ABOVE DESCRIBED REAL ESTATE. Jesse Fulcher Submitted By City of Fayetteville Item Review Form 2014-0022 Legistar File Number 02/04/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department VAC 13-4567: Vacation (1851 E. HUNTSVILLE ROAD/KUM AND GO, 565): Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to vacate a water/sewer easement. Does this item have a cost? NO Cost of this request Account Number Project Number Budgeted Item? Previous Ordinance or Resolution # Original Contract Number: Comments: \ po'j e" - (�_� Category or Project Budget Funds Used to Date =I 1 11 Remaining Balance Budget Adjustment Attached? )�"I Program or Project Name Program or Project Category Fund Name V20130612 EHTEREi. �11 i ae1.ve �ARKANSAS� CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director PF7 From: Jesse Fulcher, Senior Planner Date: January 16, 2014 Subject: VAC 13-4567: Vacation (1851 E. Huntsville/Kum & Go) THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE RECOMMENDATION: The Planning Commission and Planning Division staff recommend approval of an ordinance to vacate two existing water and sewer easements. BACKGROUND: The subject property is located at the southeast corner of Huntsville Road and Happy Hollow Road and is owned by the City of Fayetteville. A large scale development application for Kum & Go convenience store was recently permitted by the Planning Commission and a land sale agreement is in place. Within the property there are two 20 -foot wide water and sewer easements that will conflict with the development of the property. There are no utilities within either of the easements. The applicant's request is to vacate the existing 20 -foot water and sewer easements as indicated on the attached exhibit. DISCUSSION: On January 13, 2014 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 13-4567 SUBMITTED BY CEI ENGINEERING FOR PROPERTY LOCATED AT 1851 EAST HUNTSVILLE ROAD TO VACATE WATER/SEWER EASEMENT, A TOTAL OF 7,193 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/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 water/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. PASSED and APPROVED this day of , 2014 APPROVED: ATTEST: M LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" VAC 13-4567 ` 3/8' Rebor - f�qR ry�y ••C • - t mor` if, �, 513' jVsJ )— • _ _ �' 14) $/R' Ro&ur� 51V,Rebor� Revised Treat 2 —�_`AAv At 00-1 ! per instr. 2013-00021661 82,727 5Q. Ft. a t.90 Act f Parcel f76,5-15227-000 f t City of Fawitewle. 71 Ili IV. Mountain 51 7• q, Foyet f e vNe, AR 72701 r A Lncc,irn: I8.51 F Hunlrr,'l,'e Rd ft z000 City of Fayetteville 4N 11 20 Water/ Sewer Easement N \� per Bk. 912, Pg. 48 r;)F1�,' to be Vacated City of Fayetteville 20' Water / Sewer Easement per Bk. 912, Pg. 48 ' 1 4$/1314) 'f '.`.i:r.•� to be Vacated S(iSRabor� l � (Ls/ts,f) � 5/8' Rrbar 75' Water / Sewer t'vsement 1 per R. 912, Pg. 48 f GRAPHIC SCALE 60 0 30 60 ( IN FEET ) 1 inch = 60 ft. x Engineering Associates, Inc. ENpNI:R _ PLANNERS ,5T/RYElt7R5 C 11hf`ifl1EVS E&WR 1NWUVVTAZ u� R6F Ls 1739) Rebar asr�) 1 LEGEND – Property Line – Adjacent Lot/Property Line - — -- Existing Easement Line C°jam Rebar Found (As Noted) *04a Found Mug Nail (As Noted) 20' Water Water Easement i e R61 5 1759, R6F Ls 1739) Rebar asr�) 1 LEGEND – Property Line – Adjacent Lot/Property Line - — -- Existing Easement Line Rebar Found (As Noted) *04a Found Mug Nail (As Noted) 20' Water Water Easement to be Vacated 107A Scale: }' = 84' EXHIBIT A 1111DA 7E11 Ria7 NR E Mvtsvie Rd d HaMy Ho" Rd 1 8:31911 AM I � � EXHIBIT "B" VAC 11-41;67 TRACT OF LAND SITUATED IN A PART OF THE NE1A OF THE NW1/4 OF SECTION 23, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE STH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 323.8 FEET SOUTH OF THE NW CORNER OF THE SAID NE'/4 OF THE NW %4 OF ABOVE DESCRIBED SECTION 23, THENCE SOUTH 68008' EAST 220 FEET, THENCE SOUTH 70° 10' EAST 225 FEET, THENCE SOUTH 76043' EAST 214 FEET, THENCE SOUTH 1008' EAST 700 FEET, THENCE NORTH 890 WEST 325 FEET, THENCE NORTH 450WEST 475 FEET, MORE OR LESS, TO A POINT 550 FEET SOUTH OF THE POINT OF BEGINNING, THENCE NORTH 550 FEET TO THE POINT OF BEGINNING, CONTAINING 9.5 ACRES, MORE OR LESS. A PERMANENT EASEMENT OF 15 FEET IN WIDTH, BEING 7'h FEET EITHER SIDE OF A CENTERLINE. SAID CENTERLINE BEGINNING AT A POINT ON THE EAST PROPERTY LINE OF THE ABOVE DESCRIBED REAL ESTATE, SAID POINT BEING SOUTH 1 °08' EAST 79 FEET, FROM THE NE CORNER OF SAID REAL ESTATE; RUNNING THENCE NORTH 7245' WEST 94 FEET, THENCE SOUTH 15°10' WEST 335 FEET TO A POINT. ALSO A PERMANENT EASEMENT OF 20 FEET WIDTH, BEING 10 FEET EITHER SIDE OF A CENTERLINE. SAID CENTERLINE BEGINNING AT A POINT WHICH IS SOUTH 1 °08' EAST79 FEET, THENCE NORTH 72°45' WEST 94 FEET, THENCE SOUTH 15°10' WEST 235 FEET FROM THE NE CORNER OF SAID REAL ESTATE AND RUNNING THENCE NORTH 68°45' WEST 341 FEET, THENCE NORTH 81 °00' WEST TO THE EAST RIGHT-OF-WAY LINE OF HIGHWAY 16 BYPASS, TO A POINT, SAID POINT BEING APPROXIMATELY 25 FEET EAST 347 FEET SOUTH OF THE NW CORNER OF THE ABOVE DESCRIBED REAL ESTATE. T4�� aye ei le PC Meeting of January 13, 2014 THE CITY OF FAYI:"ITEVILLF. ARkANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Senior Planner DATE: january 3, 204-4 Updated January 16, 2014 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 13-4567: Vacation (1851 E. HUNTSVILLE ROAD/KUM AND GO, 565): Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to vacate a water/sewer easement. Planner: Jesse Fulcher Findings: Property and Background: The subject property is located at the southeast corner of Huntsville Road and Happy Hollow Road and is owned by the City of Fayetteville. A large scale development application for Kum & Go convenience store was recently permitted by the Planning Commission and a land sale agreement is in place. Within the property there are two 20 foot wide water and sewer easements that will conflict with the development of the property. There are no utilities within either of the easements. Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundina Land LIsP and Znninn Direction Land Use Zoning from Site North Church C-1, Neighborhood Commercial, C-2, Thoroughfare Commercial and P-1, Institutional South Fire Station, Warehouse, Single- P-1, Institutional, C-2, Thoroughfare family home Commercial, RSF-4, Residential Single- family East Residential C-1, Neighborhood Commercial, RMF -24, Residential Multi -family and RSF-4, Residential Single-family West Funeral Home C-1, Neighborhood Commercial and RSF-4 Request: The applicant's request is to vacate the existing 20 -foot water and sewer easements as indicated on the attached exhibit. G:\ETC\Development Services Review\2014\Development Review\13-4567 VAC Kum & Go Huntsville\22 Planning Commission\1- 13-2014\Comments and Redlines Easement Vacation Approval: The applicant has submitted the required easement vacation forms to the City Utility Departments and applicable franchise utilities, with no objections. UTILITIES RESPONSE Cox Communications N/A Southwestern Electric Power Company N/A Source Gas N/A AT&T N/A CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Solid Waste No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4567 to the City Council with a recommendation for approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ✓ Forwarded ❑ Denied ❑ Tabled Date: January 13. 2014 Motion: Winston Second: Cook Vote: 7-0-0 Notes: Removed from consent to answer questions from neighbor. G:TTC\Development Services Review\20140evelopment Review\13-4567 VAC Kum & Go Huntsvillc\22 Planning Commission\1- 13-2014\Comments and Redlines PETI'LION TO VACATE AN easement LOCATED .IN book 912 at nage 48 at lf'ashinglon County. Arkansas Circuit Clerk's Office and dated Jane 14,1976, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners ofthe real estate abutting the (alley, easement right-oflivay) hereinafter sought to be abandoned acid vacated, lying in (lot, block; subdivision), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a(n) (alley, easement, right -of -)way) which is described as -follows: (Legal Description of area to be vacated) THAT ENTIRE PORTION OF A f5 FEET WIDE PERMANENT EASEMENT AND THAT ENTIRE PORTION OF A 20 FEET WIDE PERMANENT EASEMENT, RECORDED IN BOOK 912 AT PAGE 48 AT WASHINGTON COUNTY, ARKANSAS CIRCUIT CLERK'S OFFICE, AND DATED JUNE 14, 1976, OVER, UPON, AND ACROSS REVISED TRACT 2 OF MEXICAN ORIGINAL PROPERTY LINE ADJUSTMENT, ACCORDING TD INSTRUMENT 2013-00021661, AND BEING A PART OF THE NORTHEAST QUARTER (MEI/L.) OF THE NORTHWEST QUARTER (NWI/4) OF SECTION TWENTY THERE (23), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, FIFTH PRINCIPAL MERIDIAN. 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 he 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. WHERF..FORE, 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 particularland the owners be free from the easements of the public for the use of said alley. Dated this U day of J`�Zf 20—L22. Siobhan Harman Pr� N Tly,, �Ignanlre L.L011 Printed Ilia S' ttr. disgust 2012 Pagr 4 UTILITY APPROVAL FORM FOR RIGIIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 11/19/13 UTILITY COMPANY: City of Fayetteville Water and Sewer APPLICANTNAME. Siobhan Harmon. Kum & Go, L.C. APPLICANTPHONE; (515) 457-6232 REQUESTED VACATION (applicant must check aU that apply): X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right>of-wqv), described as follows; General location / Address (referring to attached document- must be completed**) ** 1851 East Huntsville Road, Fayetteville, Arkansas 72701 (ATTACHlegal description a" graphic representation of what is being vacated-SURYBY) UTILITY COMPANY COMMENTS: XNo objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the Iocation, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility Co76 y Representative 1u l Title August 2012 Page 5 P 518" Rebor - X Ce?e'roI \R�P2d � Ufii�I 5/8" Retro _ _• -- - - - �' {L51151a}� $ ejidl' Raw 5/8" Rebor — 1 1 I 1 (LS11514)\ \ \ Mag NO j Revised Tract 2 per instr 2013-00021661 ""° �L 82.727 Sq. Ft. or �� r 1.90 Ao:f Pafcel #•765-15227-000 City o1 Foyettevilie 113 IY Mounta:"n 51 �% Foye t,eville, AR 72701 1_ocction: 1851 E Nuntsvlle Rd ' p l fi 2q OL a r1J City of Fayetteville �f/,may 20* Woter / Sewer Easement '% ;%' e � a oI per 8k. 912 Pg. 48 to be Vocated City of Fayetteville ! 20' Water / Sewer Easement..1 + \ per Bk. 912. o 48 ......r \ ry ..� to be Vacated 5/8" Rebor) (LS11514) \ S%8" Rebar' \ \ \ \ 15' Water / Sewer Easement 1 per 9k. 912, Pg. ¢8 GRAPHIC SCALE 60 0 30 60 { IN FEET ) 1 inch = 60 ft. Engineering Associates, Inc. SW Regency Pafkway, I 5/8' R8F, (LS 1759) 5/8" Rebor (LS115/4) 5/8' Rebor Rebar LEGEND Property Line Adfocent Lot/Property Line — — — — — Existing Easement Line Rebor Found (As Noted) Qurs Found Mag Noll (As Noted) 20' Woter / Water Easement to be Vacated Scale: t" = 60' Rebar 1 I I 1 r EXHIBIT A oA 1 ISHEETNO 11/19f13 E. HLMWjie Rd d Happy Holow Rd &JI AM ? aF 1 eNOM19 Arkansas I REV -4 Easement Vacation Description: Kum & Go, L.C., Store #418 Fayetteville, Washington County, AR THAT ENTIRE PORTION OF A 15 FEET WIDE PERMANENT EASEMENT AND THAT ENTIRE PO RTION OF A 20 FEET WIDE PERMANENT EASEMENT, RECORDED IN BOOK 912 AT PAGE 4 8 AT WASHINGTON COUNTY, ARKANSAS CIRCUIT CLERKOS OFFICE, AND DATED JUNE 14 , 1976, OVER, UPON, AND ACROSS REVISED TRACT 2 OF MEXICAN ORIGINAL PROPERTY LINE ADJUSTMENT, ACCORDING TO INSTRUMENT 2013-00021661, AND BEING A PART 0 F THE NORTHEAST QUARTER (NEI/4) OF THE NORTHWEST QUARTER (NWI/4) OF SECTI ON TWENTY THERE (23), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, FIFTH PRINCIPAL MERIDIAN. ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 3108 S.W. Regency Parkway, Suite 2 Bentonville, AR 72712 479.273.9472 Fax 479.273.0844 DISTRIBUTION: RER/File Kum & Go, 418 December 2, 2013 City of Fayetteville Planning Commission and City Council 113 W. Mountain Street Fayetteville, AR 72701 Attn: Chair of the Board Re: Kum & Go #418 — General Utility Easement Vacation Request 1851 East Huntsville Road Fayetteville, Arkansas 72701 CEI Project No. 27547.0 To the Fayetteville City Planning Commission and City Council: This is a formal request for a vacation of a portion of the water/sewer utility easement located within the Parcel #765-15227-000. A portion of this 7.66± acre site will include the proposed Kum & Go property. The area of the easement to be vacated contains no utilities that impact any of the surrounding parcels; the easement was dedicated as part of a previous Large Scale Development plan. Kum & Go requests the easement vacation in order to construct a 4,991 s.f, convenience store with 8 fuel pumps and on-site parking. Large Scale Development plans were submitted to the City Planning Department (LSD 13- 4414) on December 4, 2013 and shall be considered inclusive of this request. We appreciate your consideration in this matter, and if you have questions or concerns, please do not hesitate to call. Respectfully submitted, CEI Engineering Associated, Inc. Mike Civtre[ter. Pg sect Designer r7r' ,N d'a1..r.'(A� .i ................ :1' "C2� Al +, a v. .. . :�... al.._ .� ' .- •- ^.�Fi� '. !-"moi l'..' {i: I r - .i - '�;s,;:s:�� '.c. • � I.�<<r i� � l �� n) o '.���,{�lli%:�°r�i �.7�=�9i�3. r - -Legend VAC -M