HomeMy WebLinkAboutOrdinance 6696 IIII III III IIIII IIIII IIIII IIIII IIII11111110111111IIIII IIIII IIIII IIII IIII
Doc ID: 021319750005 Type: REL
Kind: ORDINANCE
Recorded: 10/26/2023 at 03:21:50 PM
Fee Amt: $35.00 Page 1 of 5
Washington County, AR
Kyle Sylvester Circuit Clerk
File
2023-00028033
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6696
File Number: 2023-1164
VACATION-2023-0008: (4089 N.SHILOH DR/CLAUDE SHILOH LLC, 135):
AN ORDINANCE TO APPROVE VAC 23-008 FOR PROPERTY LOCATED AT 4089 NORTH SHILOH DRIVE IN
WARD 3 TO VACATE THREE UTILITY EASEMENTS TOTALING 0.36 ACRES
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 utility easements are not required for
corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the City of Fayetteville,Arkansas hereby vacates the portions of utility easements
as described in Exhibit 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. The City of Fayetteville Engineering Division shall review and approve new utility construction and new utility
easement dedications required to offset these requested vacations;and
2. Any damage to or relocation of existing facilities will be at the applicant's expense.
PASSED and APPROVED on October 17,2023
Page 1
Ordinance: 6696
File Number.' 2023-1164
Approved
Page 2
Attest: ,`��t�� r r f l;; lfr�
`/1-All 11A,
_
Kara Paxton, City Clerk Treasurer
vac-zozs-000s 1 4089 N. SHILOH DR
EXHIBIT'A'
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Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
~ Planning Area
_ ! Fayetteville City Limits
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Feet
0 75 150 300 450 600
1:2,400
C-2
Community Services
EXHIBIT'B'
UTILITY EASEMENT 1 VACATION
A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville
according to Plat Book file number 024A-00000405 also being a portion of an existing utility
easement per Document Number 2005-00015104 both in the Public Records of Washington
County, Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section
23, Township 17 North, Range 30 West and being described by metes and bounds as follows:
COMMENCING at a chiseled X found at the northeast corner of said Lot 7;
THENCE South 02°06'58" West, 354.41 feet to the north line of said existing utility easement and
the POINT OF BEGINNING;
THENCE along said north line, South 87°43'46" East, 375.04 feet;
THENCE South 02°01'13" West, 20.00 feet;
THENCE North 87°43'46" West, 372.55 feet;
THENCE North 05°04'02" West, 20.16 feet to the POINT OF BEGINNING and containing 7,476
square feet or 0.17 acres, more or less.
WATER/SEWER EASEMENT 2 VACATION
A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville
according to Plat Book file number 024A-00000405 also being a portion of an existing
water/sewer easement per Book 880 Page 300 both in the Public Records of Washington County,
Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23,
Township 17 North, Range 30 West and being described by metes and bounds as follows:
COMMENCING at a chiseled X found at the northeast corner of said Lot 7,-
THENCE South 38°19'28" East, 250.14 feet to the north line of said existing water/sewer
easement and the POINT OF BEGINNING;
THENCE along said north line the following five (5) courses:
1. South 88°14'16" East, 20.00 feet,
2. South 01°45'43" West, 18.58 feet;
3. North 81°44'43" East, 177.26 feet,
4. North 81°50'36" East, 66.73 feet;
5. North 82°19'55" East, 129.54 feet,
THENCE departing said north line, South 07°43'17" East, 20.00 feet to the south line of said
water/sewer easement;
THENCE along said south line the following three (3) courses:
1. South 82°16'43" West, 134.45 feet;
2. South 82°09'24" West, 26.26 feet;
3. South 81°44'43" West, 236.47 feet to the west line of said water/sewer easement;
THENCE along said west line, North 01°45'43" East, 42.42 feet to the POINT OF BEGINNING and
containing 8,325 square feet or 0.19 acres, more or less.
UTILITY EASEMENT 3 VACATION
A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville
according to Plat Book file number 024A-00000405 also being a portion of an existing utility
easement per Plat Book 7, Pages 89 and 90 both in the Public Records of Washington County,
Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23,
Township 17 North, Range 30 West and being described by metes and bounds as follows:
COMMENCING at a chiseled X found at the northeast corner of said Lot 7;
THENCE South 60°03'47" East, 333.41 feet to the south line of said utility easement and the
POINT OF BEGINNING,
THENCE departing said south line, South 82°03'05" East, 32.82 feet;
THENCE South 03°17'07" West, 4.27 feet to said south line;
THENCE along said south line, North 74°43'58" West, 33.44 feet to the POINT OF BEGINNING
and containing 70 square feet, more or less.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 17, 2023
CITY COUNCIL MEMO
2023-1164
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
DATE:
SUBJECT: VAC-2023-0008: Vacation (WEST OF 4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135):
Submitted by CEI ENGINEERING ASSOCIATES for property located at 4089 N.
SHILOH DR in WARD 3. The property is zoned CS, COMMUNITY SERVICES and
contains approximately 7.37 acres. The request is to vacate three separate utility
easements containing 0.17, 0.19 and 0.002 acres.
RECOMMENDATION:
Staff recommends approval of VAC-2023-0008 as shown in the attached Exhibits 'A' and '13% and with the
following conditions of approval:
1. City of Fayetteville Engineering Division must review and approve new utility construction and new utility
easement dedications required to offset these requested vacations.
2. Any damage or necessary relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property, west of 4089 N. Shiloh Drive, is in north Fayetteville, just south of the Northwest
Arkansas Mall. The east side of the property in question was recently redeveloped with an office and retail
space along the N. Shiloh Avenue frontage. A large multi -family project with approximately 200 units was
recently approved for the 6-acre portion of the site to the west (LSIP-2023-0001).
Request: The applicant proposes to vacate three separate utility easements as indicated in the attached
exhibits and totaling approximately 0.36 acres. These easements require vacation to develop an approved
large site improvement plan for multi -family housing.
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:
N/A
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate
(#7), Survey (#8)
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 #: 2023-1164
VAC-2023-0008: Vacation (WEST OF 4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135):
Submitted by CEI ENGINEERING ASSOCIATES for property located at 4089 N. SHILOH DR
in WARD 3. The property is zoned CS, COMMUNITY SERVICES and contains approximately
7.37 acres. The request is to vacate three separate utility easements containing 0.17, 0.19 and 0.002
acres.
AN ORDINANCE TO APPROVE VAC 23-008 FOR PROPERTY LOCATED AT 4089 NORTH
SHILOH DRIVE IN WARD 3 TO VACATE THREE UTILITY EASEMENTS TOTALING 0.36
ACRES
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 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 the portions of
utility easements as described in Exhibit 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. The City of Fayetteville Engineering Division shall review and approve new utility construction and
new utility easement dedications required to offset these requested vacations; and
2. Any damage to or relocation of existing facilities will be at the applicant's expense.
Page 1
City of Fayetteville Staff Review Form
2023-1164
File ID
10/17/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/29/2023 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2023-0008: Vacation (WEST OF 4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135): Submitted by CEI ENGINEERING
ASSOCIATES for property located at 4089 N. SHILOH DR in WARD 3. The property is zoned CS, COMMUNITY
SERVICES and contains approximately 7.37 acres. The request is to vacate three separate utility easements
containing 0.17, 0.19 and 0.002 acres.
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:
pq
CEI
Solutions for
Land and Life
August 28, 2023
City of Fayetteville
Planning Department
125 W Mountain Street
Fayetteville, AR 72701
To Whom It May Concern:
Civil Engineering, Landscape Architecture,
Survey, Planning & Program Management
3108 SW Regency Parkway
Bentonville, AR 72712
Office: 479.273.9472
Toll -free: 1.800.433.4173
ceieng.com
Regarding the easement vacations located on N Shiloh Drive in Fayetteville, Arkansas:
CEI has previously submitted project PLA-2023-0025 and would like to add the three easement
vacations. Please see attached legal descriptions, exhibit, and future site plan with re-routing. If
you have any questions, please let us know.
Respectfully submitted,
CEI Engineering Associates, Inc.
Dustin Riley, PS #1618
CEI
Solutions for
Land and Life
08-23-2023
PETITION TO VACATE
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
Civil Engineering, Landscape Architecture,
Survey, Planning & Program Management
3108 SW Regency Parkway
Bentonville, AR 72712
Office: 479 273.9472
Toll -free: 1.800.433.4173
ceieng corn
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter
sought to be abandoned and vacated, lying in Section 23 Township 17 North, Range 30 West,
City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is
described as follows:
See attached legal descriptions and exhibit, including site plan
That the real estate affected by said abandonment of the easement used will not affect public
interest and welfare adversely.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above
described real estate.
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
water and sewer easements, and that title to said real estate sought to be abandoned be vested
and as to that land the owners be free from the abandoned portion of the easement.
JI i 1� I
Owner �0 e, 5����h �J�T\ � i L i--
a
EXHIBIT "A"
UTILITY EASEMENT 1 VACATION
A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville
according to Plat Book file number 024A-00000405 also being a portion of an existing utility
easement per Document Number 2005-00015104 both in the Public Records of Washington
County, Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section
23, Township 17 North, Range 30 West and being described by metes and bounds as follows:
COMMENCING at a chiseled X found at the northeast corner of said Lot 7;
THENCE South 02°06'58" West, 354.41 feet to the north line of said existing utility easement and
the POINT OF BEGINNING;
THENCE along said north line, South 87°43'46" East, 375.04 feet;
THENCE South 02°01'13" West, 20.00 feet;
THENCE North 87°43'46" West, 372.55 feet;
THENCE North 05°04'02" West, 20.16 feet to the POINT OF BEGINNING and containing 7,476
square feet or 0.17 acres, more or less.
EXHIBIT "A"
WATER/SEWER EASEMENT 2 VACATION
A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville
according to Plat Book file number 024A-00000405 also being a portion of an existing
water/sewer easement per Book 880 Page 300 both in the Public Records of Washington County,
Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23,
Township 17 North, Range 30 West and being described by metes and bounds as follows:
COMMENCING at a chiseled X found at the northeast corner of said Lot 7;
THENCE South 38°19'28" East, 250.14 feet to the north line of said existing water/sewer
easement and the POINT OF BEGINNING;
THENCE along said north line the following five (5) courses:
1. South 88°14'16" East, 20.00 feet;
2. South 01°45'43" West, 18.58 feet;
3. North 81°44'43" East, 177.26 feet;
4. North 81°50'36" East, 66.73 feet;
5. North 82°19'55" East, 129.54 feet;
THENCE departing said north line, South 07°43'17" East, 20.00 feet to the south line of said
water/sewer easement;
THENCE along said south line the following three (3) courses:
1. South 82°16'43" West, 134.45 feet;
2. South 82°09'24" West, 26.26 feet;
3. South 81°44'43" West, 236.47 feet to the west line of said water/sewer easement;
THENCE along said west line, North 01°45'43" East, 42.42 feet to the POINT OF BEGINNING and
containing 8,325 square feet or 0.19 acres, more or less.
EXHIBIT "A"
UTILITY EASEMENT 3 VACATION
A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville
according to Plat Book file number 024A-00000405 also being a portion of an existing utility
easement per Plat Book 7, Pages 89 and 90 both in the Public Records of Washington County,
Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23,
Township 17 North, Range 30 West and being described by metes and bounds as follows:
COMMENCING at a chiseled X found at the northeast corner of said Lot 7;
THENCE South 60°03'47" East, 333.41 feet to the south line of said utility easement and the
POINT OF BEGINNING;
THENCE departing said south line, South 82°03'05" East, 32.82 feet;
THENCE South 03°17'07" West, 4.27 feet to said south line;
THENCE along said south line, North 74°43'58" West, 33.44 feet to the POINT OF BEGINNING
and containing 70 square feet, more or less.
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Form v1 39
NORTHWEST ARKANSAS
Democmt*0azjeftc
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72703
Ad number #: 338884
PO #:
Matter of. ORD 6696
AFFIDAVIT • STATE OF ARKANSAS
RECEIVED
OCT 2 3 2023
OITPS FF FCITY CRKOC
I, Carla Gardner, do solemnly swear that I am the Finance Director of the NWA Democrat Gazette, a daily newspaper
printed and published in WASHINGTONBENTON county, State of ARKANSAS; that I was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6696
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 fide 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 NWA Democrat Gazette for publication the sum of $129.20.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 10122123; NWA nwaonline.com 10122123
Finance Director
State of ARKANSAS, County of WASHINGTON, Subscribed
and sworn to before me on this 23rd day of October, 2023
NOTARY PUBLIC
CATHERINE STAGGS
EZ-0
MY COMMISSION # 12402772
EXPIRES: February 28, 2025
Washington County
Ordinance: 6696
File Number: 2023-1164
VACATION-2023-0008:(4089
N. SHILOH DR/CLAUOE SHILOH
LLC, 135):
AN ORDINANCE TO APPROVE
VAC 23-008 FOR PROPERTY LO-
CATED AT 4089 NORTH SHILOH
DRIVE IN WARD 3 TO VACATE
THREE UTILITY EASEMENTS TO-
TALING 0.36 ACRES
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 utility easements
are 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 portions of utility easements
as described in Exhibit B at-
tached to the Planning Depart-
ment'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. The City of Fayetteville En-
gineering Division shall review
and approve new utility con-
struction and new utility ease-
ment dedications required to
offset these requested vaca-
tions; and
2. Any damage to or reloca-
tion of existing facilities will be
at the applicant's expense.
PASSED and APPROVED on
October 17, 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: $129.20
October 22, 2023 338884
RECEIVED
CCT 2 3 2023
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICF
vvasnington County,i.
I certify this instrument was filed on
10/26/2023 03:21:50 PM
and recorded in Real Estate
File Number 2023-00028033
Kyle Sylvester- Circuit Clerk
by