HomeMy WebLinkAboutOrdinance 67220
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6722
File Number: 2024-1727
Ooc ID: o"A"C'050003 Typ¢; qEl
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P1192024-00006151
VACATION-2024-0001: IN. BOB YOUNKIN DR. & W. DRAKE ST./LEGACY VENTURES NWA, 251)
AN ORDINANCE TO APPROVE VAC 24-01 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE
AND WEST DRAKE STREET IN WARD 3 TO VACATE FIVE GENERAL UTILITY EASEMENTS TOTALING
0.108 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 general 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 general 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. Any damage or relocation of any existing facilities will be at the applicant's expense;
2. New easements must be granted to SWEPCO/AEP following utility routes and equipment layouts with
easement plat;
3. The northernmost utility easement 23A-195 must retain at ]east 10 feet south of the existing sewer line based
on the actual survey of that line. Utility easement will be verified with submittal of the easement plat; and
4. Duct paths most be provided from the street right-of-way of Bob Younkin to the individual units for AT&T.
PASSED and APPROVED on March 5, 2024
Page 1
Ordinance: 6722
File Number: 2024-1727
Attest
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This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ (60.4B
Page 2
VAC-2024-0001 N. BOB YO U N KI N DR & W.
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I certify this instrument was filed on
03/18/2024 11:36:15 AM
and recorded in Real Estate
File Number 2024-00006151
Kyle Sylvester - Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 5, 2024
CITY COUNCIL MEMO
2024-1727
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
SUBJECT: VAC-2024-0001: Vacation (N. BOB YOUNKIN DR. & W. DRAKE STJLEGACY
VENTURES NWA, 251): Submitted by LEGACY VENTURES, LLC for property located
at N. BOB YOUNKIN DR. & W. DRAKE ST. in WARD 3. The property is zoned RMF-24,
RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three
parcels with a total of 3.37 acres. The request is to vacate a total of 0.108 acres of
general utility easements.
RECOMMENDATION:
Staff recommends approval of VAC-2024-0001 as shown in the attached Exhibits 'A' and 'B', and with the
following conditions of approval:
1. Any damage or relocation of any existing facilities will be at the applicant's expense.
2. New easements must be granted to SWEPCO/AEP following utility routes and equipment layouts with
easement plat.
3. The northernmost utility easement 23A-195 must retain at least 10 feet south of the existing sewer line
based on the actual survey of that line. Utility easement will be verified with submittal of the easement plat.
4. As described in discussions with developers, duct paths must be provided from the street right-of-way of
Bob Younkin to the individual units for AT&T.
BACKGROUND:
The subject property is in north Fayetteville and contains three parcels (765-24866-000, 765-24865-000, and
765-24864-000) that are approximately 1.16, 1.15, and 1.06 acres. A property line adjustment has been
approved to combine all three parcels into a total of 3.37 acres but has not yet been recorded. The site is
currently undeveloped. A large-scale development (LSD-2023-0009) was approved in September 2023 for the
subject property including thirty-two residential structures totaling sixty-four dwelling units. A separate ROW
vacation request will be heard at a later date.
Request: The applicant proposes to vacate four existing 20' x 40' existing general utility easements generally
aligning with the existing parcel boundaries and a 9' portion of a general utility easement along N. Bishop Dr.
These easements are required to be vacated in order to continue with the associated large-scale development
project.
DISCUSSION:
The applicant submitted the required approvals with no objections, though with added conditions from
franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
recommends approval.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), 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 #: 2024-1727
VAC-2024-0001: Vacation (N. BOB YOUNKIN DR. & W. DRAKE STJLEGACY VENTURES
NWA, 251): Submitted by LEGACY VENTURES, LLC for property located at N. BOB
YOUNKIN DR. & W. DRAKE ST. in WARD 3. The property is zoned RMF-24, RESIDENTIAL
MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with a total
of 3.37 acres. The request is to vacate a total of 0.108 acres of general utility easements.
AN ORDINANCE TO APPROVE VAC 24-01 FOR PROPERTY LOCATED AT NORTH BOB
YOUNKIN DRIVE AND WEST DRAKE STREET IN WARD 3 TO VACATE FIVE GENERAL
UTILITY EASEMENTS TOTALING 0.108 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 general 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 general 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. Any damage or relocation of any existing facilities will be at the applicant's expense;
2. New easements must be granted to SWEPCO/AEP following utility routes and equipment
layouts with easement plat;
3. The northernmost utility easement 23A-195 must retain at least 10 feet south of the existing
sewer line based on the actual survey of that line. Utility easement will be verified with
submittal of the easement plat; and
4. Duct paths must be provided from the street right-of-way of Bob Younkin to the individual units
for AT&T.
Page 1
Ordinance: 6722
File Number: 2024-1727
Page 2
City of Fayetteville Staff Review Form
2024-1727
Legistar File ID
3/5/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 2/16/2024 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2024-0001: Vacation (N. BOB YOUNKIN DR. & W. DRAKE ST./LEGACY VENTURES NWA, 251): Submitted by
LEGACY VENTURES, LLC for property located at N. BOB YOUNKIN DR. & W. DRAKE ST. in WARD 3. The property is
zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with a total
of 3.37 acres. The request is to vacate a total of 0.108 acres of general utility easements.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
BLEWVAC-2024-0001
EXHIBIT 'B'
Surveying I Engineering
Environmental
9.0' UTILITY EASEMENT VACATION:
A PORTION OF LOT 9, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A,
AT PAGE 195, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE
NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 11.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02°27'26" WEST
9.00 FEET, THENCE NORTH 87°36'13" WEST 156.51 FEET TO A FOUND 1/2" REBAR
CAPPED "PS 1349"; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, WITH A
RADIUS OF 20.00 FEET, WITH A CHORD BEARING AND DISTANCE OF NORTH
16°07'51" EAST 9.26 FEET; THENCE SOUTH 87°36'13" EAST 154.32 FEET TO THE
POINT OF BEGINNING. CONTAINING 1,402 SQUARE FEET OR 0.032 ACRES, MORE OR
LESS.
20'x40' UTILITY EASEMENT 1 VACATION:
A PORTION OF LOTS 8 & 9, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A,
AT PAGE 195, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE
NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 314.99 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02°27'26" WEST
20.00 FEET, THENCE NORTH 87°15'39" WEST 40.00 FEET; THENCE NORTH 02°27'26"
EAST 20.00 FEET, THENCE SOUTH 87°15'39" EAST 40.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES, MORE OR LESS.
20'x40' UTILITY EASEMENT 2 VACATION:
A PORTION OF LOT 9, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A,
479 443 4506 O blewinc.com O Fayetteville, AR 72703
BLEWVAC-2024-0001
EXHIBIT 'B'
Surveying I Engineering
Environmental
AT PAGE 195, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE
NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 324.99 FEET
TO A SET 5/8" REBAR CAPPED "PLS 1659"; THENCE NORTH 87°15'39" WEST 116.49
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°15'39"
WEST 40.00 FEET TO A FOUND 1/2" REBAR; THENCE NORTH 02°27'14" EAST 20.00
FEET, THENCE SOUTH 87°15'39" EAST 40.00 FEET, THENCE SOUTH 02°27'14" WEST
20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018
ACRES, MORE OR LESS.
20'x40' UTILITY EASEMENT 3 VACATION:
A PORTION OF LOTS 7 & 8, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A,
AT PAGE 195, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE
NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 642.99 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02°27'26" WEST
20.00 FEET, THENCE NORTH 87°15'39" WEST 40.00 FEET; THENCE NORTH 02°27'26"
EAST 20.00 FEET, THENCE SOUTH 87°15'39" EAST 40.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES, MORE OR LESS.
20'x40' UTILITY EASEMENT 4 VACATION:
A PORTION OF LOT 7, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A,
AT PAGE 195, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE
NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 653.01 FEET
TO A FOUND 1/2" REBAR; THENCE NORTH 87°15'39" WEST 116.46 FEET TO THE TRUE
479 443 4506 O blewinc.com O Fayetteville, AR 72703
BLEW
Surveying I Engineering
Environmental
VAC-2024-0001
EXHIBIT 'B'
POINT OF BEGINNING; THENCE SOUTH 02°27'14" WEST 20.00 FEET, THENCE NORTH
87°15'39" WEST 40.00 FEET; THENCE NORTH 02°28'52" EAST 20.00 FEET TO A FOUND
1/2" REBAR; THENCE SOUTH 87°15'39" EAST 40.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES, MORE OR LESS.
479 443 4506 O blewinc.com O Fayetteville, AR 72703
LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703
January 15, 2024
City of Fayetteville Planning Commission / City Council
125 West Mountain Street
Fayetteville, AR 72701
RE: Appleby Landing Easement Vacation Request
Dear Planning Commission and City Council,
Please accept this written request to vacate various easement vacations as shown on the attached plat and impacting lots seven (7),
eight (8) and nine (9) of the Appleby Landing subdivision.
This is being done to facilitate the construction of our Midtown Landing community and is a condition of approval for LSD 2023-0009
and grading permit GIRD 2023-0104.
All utilities have provided their approval in writing. Additionally, the lots mentioned above are the only ones impacted by this request.
We feel by granting this Easement vacation will be the final step in a long entitlement process and pave the way for a wonderful new
community providing much needed housing. This mid -town location with proximity to the medical core and main transportation
corridors makes it an excellent location for this type of multifamily. Our plan is to build a diverse, dense mix of high quality multifamily
residential units. This community will contain units ranging in both size and bedroom count as well as one- and two-story units.
We are looking forward to developing a community that delivers high quality housing catering. And in doing so create a community that
exemplifies urban planning and together leaving our Legacy one Venture at a time.
Sincerely,
Tim Brisiel
(qftw
LEGALYVENTURES
PETITION TO VACATE A GENERAL UTILITY/WATER SEWER EASEMENT LOCATED IN (35-17N-30W), CITY OF
FAYETTEVILLE, ARKANSAS
TO: The City of Fayetteville Planning Commission
The Fayetteville City Council
We, the undersigned, being the owner for the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying
in (35-17N-30W), City of Fayetteville, Arkansas a municipal corporation, petition to vacate an easement which is described as follows:
See attached legal description.
That the abutting real estate affected by said abandonment of the easement are (35-17N-30W) 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 easements.
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 ad 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 sough 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
easements of the public for the use of said property.
Dated this 15rd day of January, 2024
Tim Brisiel
BOB YOUNKIN DRIVE
LOCATED IM SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST
WASHINGTON COUNTY, FAYETTEVILLE. AR 72703
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RIGHT-OF-WAY & EASEMENT VACATION SURVEY
N
W E
RECORD DESCRIPTION
Form 0.44
N\/\tAom
fiiddLa RECEIVED
Account #: NWCL5004205 MAR 12 2024
Company: CITY OF FAYETTEVILLE-CLERKS OFFI Ct1YOF FAYETTEVILLE
113 W MOUNTAIN CITY CLERK'S OFWF
FAYETTEVILLE, AR 72701
Ad number #: 382370
PO #:
Matter of: Ord 6722
AFFIDAVIT • STATE OF ARKANSAS
1, 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 6722
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 $150.48.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 03110124; NWA nwaonline.com 03110124
Finance Director
State of ARKANSAS, County of WASHINGTON, Subscribed
and sworn to before me on this 12th day of March, 2024
NOTARY PUBLIC
�^:'r,'",
CATHERINE STAGGS
}
MY COMMISSION M 12402T72
�.ti•.
EXPIRES: February 28, 2025
Washington County
Ordinance: 6722
File Number: 2024-1727
VACATION-2024-0001: (N.
BOB YOUNKIN DR. & W. DRAKE
ST./LEGACY VENTURES NWA,
251):
AN ORDINANCE TO APPROVE
VAC 24.01 FOR PROPERTY LO-
CATED AT NORTH BOB YOUNKIN
DRIVE AND WEST DRAKE
STREET IN WARD 3 TO VACATE
FIVE GENERAL UTILITY EASE-
MENTS TOTALING 0.108 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 fallow-
ing described general 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 general utility easements as
described in Exhibit B attached
to the Planning Department'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 damage or relocation
of any existing facilities will be
at the applicant's expense;
2. New easements must be
granted to SWEPCO/AEP follow-
ing utility routes and equipment
layouts with easement plat;
3. The northernmost utility
easement 23A-195 must retain
at least 10 feet south of the ex-
isting sewer line based on the
actual survey of that line. Utility
easement will be verified with
submittal of the easement plat;
and
4. Duct paths must be pro-
vided from the street right-of-
way of Bob Younkin to the
individual units for AT&T.
PASSED and APPROVED on
March 5, 2024
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: $150.48
March 10,2024 382370