HomeMy WebLinkAboutOrdinance 6679LJ
File Number: 2023-1020
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6679
VACATION - 2023-0003: (N. SHILOH DR/JUNCTION AT SHILOH, 363):
I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 021260310004 Type: REL
Kind: ORDINANCE
Recorded: 09/15/2023 at 09:42:21 AM
Fee Amt: $25.00 Paqe 1 of 4
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2023-0002`7/167
AN ORDINANCE TO APPROVE VAC 23-0003 FOR PROPERTY LOCATED NEAR N. SHILOH DR. IN WARD 4
TO VACATE A PORTION OF 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 portions of 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 the portion of utility easement as
described in Exhibit A and B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the
Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any new easements required by AEP/SWEPCO are to be obtained with the final easement plat of any
associated large-scale development.
2. Any damage to or relocation of any existing facilities will be at the applicant's expense.
PASSED and APPROVED on September 5, 2023
Page 1
Ordinance: 6679
File Number: 2023-1020
Approved:
Page 2
Attest:
ara Paxton, City Clerk Treasurer
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 5, 2023
CITY COUNCIL MEMO
2023-1020
TO: Mayor Jordan and City Council
THRU: Jonathan Curth, Development Services Director
Susan Norton, Chief of Staff
FROM: Jessica Masters, Development Review Manager
DATE:
SUBJECT: VAC-2023-0003: Vacation (N. SHILOH DR/JUCTION AT SHILOH, 363): Submitted by
CRAFTON TULL for property located at N. SHILOH DR in WARD 4. The property is
zoned CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24
UNITS PER ACRE and contains approximately 11.73 acres. The request is to vacate a
0.26-acre portion of a utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2023-0003 as shown in the attached Exhibits 'A' and '13', and with the
following conditions of approval:
1. Any new easements required by AEP/SWEPCO are to be obtained with final easement plat of associated
large-scale development.
2. Any damage or relocation of any existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property is located south of W. Mount Comfort Road and west of 1-49, where N. Shiloh Drive dead -
ends. The property is split -zoned RMF-24, Residential Multi -Family, Twenty -Four Units Per Acre and CS,
Community Services. A portion of the site totaling 9.11 acres was rezoned from 1-1, Heavy Commercial and
Light Industrial to CS by City Council on February 15, 2022, and a large-scale development for a multi -family
residential development (LSD-2023-0004) was approved by Planning Commission on April 10, 2023. An
appeal to deny the project was heard by City Council on May 16, 2023, but the approval was ultimately upheld.
Request: The applicant proposes to vacate a portion of an existing general utility easement as indicated in the
attached exhibits and totaling approximately 0.26 acres. This easement is required to be vacated in order to
continue with the associated approved large-scale development.
DISCUSSION:
The applicant submitted the required approvals with no objections, though with the added conditions from
franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff
recommends approval.
BUDGET/STAFF IMPACT:
NONE
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: SRF, EXHIBIT A, EXHIBIT B, Applicant Request Letter, Petition to Vacate, Survey
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-1020
VAC-2023-0003: Vacation (N. SHILOH DR/JUCTION AT SHILOH, 363): Submitted by
CRAFTON TULL for property located at N. SHILOH DR in WARD 4. The property is zoned CS,
COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER
ACRE and contains approximately 11.73 acres. The request is to vacate a 0.26-acre portion of a
utility easement.
AN ORDINANCE TO APPROVE VAC 23-0003 FOR PROPERTY LOCATED NEAR N. SHILOH
DR. IN WARD 4 TO VACATE A PORTION OF 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 portions of 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 the portion of
utility easement as described in Exhibit A and B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any new easements required by AEP/SWEPCO are to be obtained with the final easement plat
of any associated large-scale development.
2. Any damage to or relocation of any existing facilities will be at the applicant's expense.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-1020
Legistar File ID
9/5/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/18/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2023-0003: Vacation (N. SHILOH DR/JUCTION AT SHILOH, 363): Submitted by CRAFTON TULL for property
located at N. SHILOH DR in WARD 4. The property is zoned CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL
MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 11.73 acres. The request is to vacate a 0.26-acre
portion of a utility easement.
Budget Impact:
Account Number
Fund
Project Number
Project Title
Budgeted Item? No
Current Budget
$ -
Funds Obligated
$ -
Current Balance
Does item have a cost? No
Item Cost
$ -
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
VAC-2023-0003
Close Up View
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Neighborhood Link
Freeway/Expressway
Residential Link
■ I Planned Neighborhood Link
�1 Planned Residential Link
Planning Area
Fayetteville City Limits
— — Shared -Use Paved Trail
— — Trail (Proposed)
_ - Design Overlay District
N. SHILOH DR
Subject Property
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1-1 Heavy Commercial and Light Industrial
Community Services
P-1
PART OF TRACT 1E, AS PER PLAT RECORD 2022-00018333 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 1E;
THENCE ALONG THE SOUTH LINE THEREOF S54°47'18"E 274.63 FEET TO THE POINT OF BEGINNING, SAID
POINT BEING ON THE NORTHWESTERLY LINE OF A 25 FOOT WIDE UTILITY EASEMENT AS DESCRIBED IN
DOCUMENT 1116-713 AND DOCUMENT 1120-940;
THENCE ALONG SAID NORTHWESTERLY LINE N35°09'00"E 467.54 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE S54°51'48"E 25.00 FEET TO THE SOUTHEASTERLY LINE OF
A 25 FOOT WIDE UTILITY EASEMENT AS DESCRIBED IN DOCUMENT 1116-713 AND DOCUMENT 1120-
940;
THENCE ALONG SAID SOUTHEASTERLY LINE S35°09'00"W 451.63 FEET TO THE SOUTH LINE OF SAID
TRACT 1E;
THENCE ALONG SAID SOUTH LINE N87°19'34"W 29.63 FEET TO THE POINT OF BEGINNING, CONTAINING
0.26 ACRES, MORE OR LESS.
Crafton Tull
August 1, 2023
City of Fayetteville
125 W. Mountain Street
Fayetteville, AR 72701
RE: The Junction at Shiloh — Utility Easement Vacation
CTA Project #22101501
Planning Staff,
901 N 47th Street, Suite 400
Rogers, AR 72756
479.636.4838 (ph)
479.631.6224 (fax)
Please find attached our application for a Utility Easement Vacation located along the development site
for the Junction at Shiloh in Fayetteville.
The legal description and exhibits of the easement to be vacated are included in this submittal. There
were no existing utilities found within this easement and all utility departments and franchise utilities
have signed off on the vacation of this easement.
Within the package you will find the legal description, parcel map, survey of the site, petition to vacate,
and the utility departments' sign off forms. Please let us know if you need any additional information.
We look forward to the review and response from the City of Fayetteville.
Sincerely,
Elizabeth Topping, E.I.
Project Engineer
PETITION TO VACATE
PETITION TO VACATE A UTILITY EASEMENT LOCATED IN TRACT IA, PLAT RECORD 2022-
00018333, 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 Tract 1E, Plat Record 2022-00018333, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
PART OF TRACT 1E, AS PER PLAT RECORD 2022-00018333 IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT IE;
THENCE ALONG THE SOUTH LINE THEREOF S54047'18"E 274.63 FEET TO THE POINT OF
BEGINNING, SAID POINT BEING ON THE NORTHWESTERLY LINE OF A 25 FOOT WIDE UTILITY
EASEMENT AS DESCRIBED IN DOCUMENT 1116-713 AND DOCUMENT 1120-940;
THENCE ALONG SAID NORTHWESTERLY LINE N35009'00"E 467.54 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE S54051'48"E 25.00 FEET TO THE
SOUTHEASTERLY LINE OF A 25 FOOT WIDE UTILITY EASEMENT AS DESCRIBED IN DOCUMENT
1116-713 AND DOCUMENT 1120-940;
THENCE ALONG SAID SOUTHEASTERLY LINE S35009'00"W 451.63 FEET TO THE SOUTH LINE OF
SAID TRACT IE;
THENCE ALONG SAID SOUTH LINE N87019'34"W 29.63 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.26 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the easement is Tract IE, Plat Record 2022-00018333,
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 % day of , 207-3.
Printed Name
Signature
/
EXHIBIT
�
/ 25. UTILITY EASEMENT
DOC 1116-713 &
/ DOC 1120-940
/
S54'51'48"E 25.00'
PARCELS
765-13631-000
/
765-13623-000
/
765-13637-000
TRACT 1 E
PLAT 2022-00018333
PORTION OF EASEMENT
P.O.C. SW CORNER
TO BE VACATED
TRACT 1E
PLAT 2022-00018333
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PROJECT NO.:
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THIS EASEMENT EXHIBIT IS A GRAPHICAL REPRESENTATION OF THE
DATE:
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EASEMENT DESCRIPTION, AND DOES NOT
CONSTITUTE A BOUNDARY
06/14/2023
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A WEHCO MEDIA COMPANY
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
Ad number #: 324500
PO #:
Matter of: ORD 6679
AFFIDAVIT • STATE OFARKANSAS
RECEIVED
SEP 14 2023
CITY 1 F FAYE7TEV.ILLE
t�T1f Ct.r X S C
1, Carla Gardner, do solemnly swear that I am the Finance Director of the Democrat Gazette, a daily newspaper printed
and published in WASHINGTON county, State ofARKANSAS: that I was so related to this publication at and during
the publication of the annexed legal advertisement in the matter of:
ORD 6679
Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and
that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county, and had a bona tide circulation therein for
the period of one month before the date of the first publication of said advertisement: and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the Democrat Gazette for publication the sum of $123.12. (Includes
$0.00 Affidavit Charge).
NWA Democrat Gazette 09110123; NWA nwaonline.com 09110123
Finance Director
State ofARKANSAS, County of WASHINGTON , Subscribed
and sworn to before me on this 12th day of September, 2023
rf.I-
�lk*-
NOTARY PUBLIC
<•p a ;r, -,, CATHERINE STAGGS
MY COMMISSION 012402772
set EXPIRES: February 26, 2025
Washington County
Ordinance: 6679
File Number 2023-1020
VACATION - 2023-0003:(N.
SHILOH DR/JUNCTION AT
SHILOH, 363):
AN ORDINANCE TO APPROVE
VAC 23-0003 FOR PROPERTY
LOCATED NEAR N. SHILOH DR.
IN WARD 4 TO VACATE A POR-
TION OF 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 cor-
porate purposes; and
WHEREAS, the City Council
has determined that the follow-
ing described portions of utility
easement is not required for
corporate purposes.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville, Arkansas hereby vacates
the portion of utility easement
as described in Exhibit A and B
attached to the Planning De-
partment's memo.
Section 2: A copy of this Or-
dinance duly certified by the
City Clerk along with the map
attached as Exhibit A to the
Planning Department's memo
shall be filed in the office of the
Washington County Circuit
Clerk.
Section 3: This vacation ap-
proval is subject to the following
conditions:
1. Any new easements re-
quired by AEP/SWEPCO are to
be obtained with the final ease-
ment plat of any associated
large-scale development.
2. Any damage to or reloca-
tion of any existing facilities will
be at the applicant's expense.
PASSED and APPROVED on
September 5, 2023
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk -Treasurer of
the City of Fayetteville,
Arkansas.
Amount paid: $123.12
Sept.10, 2023 324500
9 0
Washington County, AR
I certify this instrument was filed on
09/15/2023 09:42.21 AM
and recorded in Real Estate
File Number 2023-00024167
Kyle Sylvester - Circuit Clerk