No preview available
HomeMy WebLinkAboutOrdinance 6794 n, 111111111111111111111111111111111111111111111111111111111111111111111 IJI���_w Doc ID: 021778130004Type: ha , Kind: ORDINANCE E` Recorded: 09/27/2024 at 03:29:39 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk 113 West Mountain Street File2024-00025318 Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6794 File Number: 2024-478 VACATION-2024-0019: (707 E. HUNTSVILLE RD/PARK MEADOWS,564): AN ORDINANCE TO APPROVE VAC-24-19 FOR PROPERTY LOCATED AT 707 EAST HUNTSVILLE ROAD IN WARD 1 TO VACATE A 0.09 ACRE PORTION OF GENERAL 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 general utility easement is 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 portion of general utility easement 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: I. Prior to easement vacation, new city utility lines associated with the subject easements must be permitted, constructed,and accepted by the City. 2. Any damage or relocation of any existing facilities will be at the applicant's expense. PASSED and APPROVED on September 17,2024 Page 1 Ordinance 6794 File Number:2024-478 Approved: Attest: F . AYETTEViL L neld Jordan, Kara Paxton, City Clerk Treasurer L .,�1/4,G,ON1,\• This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ Page 2 VAC-2024-0019 707 E. HUNTSVILLE RD Close Up View or Q RSF-8 V RSF-4 I RMF-24 ' I COFFEE WAY I I HUNTSVILLBRD Subject Property - - - - - - D I I DG I I I I I I � I G R-A LLI I C � C ' FAIRL-ANEST—Z z ' NC O Z ' � J I Y ' W i Q Q H 2 Cn 2 � O = Z J W NORTH Neighborhood Link Ir Residential -Agricultural Unclassified RSF-4 Residential Link RSF-8 Hillside -Hilltop Overlay District RW ~ Planning Area Feet M RMF-24 _ ! Fayetteville City Limits M Downtown General -- Shared -Use Paved Trail 0 75 150 300 450 600 M Community Services - - - Trail (Proposed) 1:2,400 M Neighborhood Conservation PART OF LOT 50B OF PARK MEADOWS PHASE III, AS PER PLAT RECORD 2022-00008375 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5013; THENCE S80°42'49"E 73.63 FEET; THENCE S82°19'53"E 59.59 FEET; THENCE S02°38'43"W 6.70 FEET TO THE POINT OF BEGINNING; THENCE S42°21'17"E 15.99 FEET; THENCE S87°21'17"E 8.70 FEET; THENCE S02°38'43"W 99.68 FEET; THENCE S47°38'43"W 11.87 FEET; THENCE N45°48'34"W 15.50 FEET; THENCE NO2°38'43"E 109.10 FEET TO THE POINT OF BEGINNING, CONTAINING 2130 SQUARE FEET, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. ALSO PART OF LOT 50B OF PARK MEADOWS PHASE III, AS PER PLAT RECORD 2022-00008375 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5013; THENCE S2°38'43"W 162.70 FEET; THENCE S87°21'17"E 149.50 TO THE POINT OF BEGINNING; THENCE N47°38'43"E 4.25 FEET; THENCE S02°38'43"W 159.87 FEET; THENCE S19°51'17"E 61.30 FEET; THENCE N87°23'47"W 11.93 FEET; THENCE S77°51'06"W 9.05 FEET; THENCE N19°51'17"W 38.30 FEET; THENCE NO2°04'09"E 79.42 FEET; THENCE N47°04'09"E 14.14 FEET; THENCE NO2°30'33"E 90.92 FEET TO THE POINT OF BEGINNING, CONTAINING 2164 SQUARE FEET, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 09/27/2024 03:29:39 PM and recorded in Real Estate File Number 2024-00025318 Ky1e Sylvester - Circuit Clerk by ;r CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2024 CITY COUNCIL MEMO 2024-478 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Kylee Cole, Planner SUBJECT: VAC-2024-0019: Vacation (707 E. HUNTSVILLE RD/PARK MEADOWS, 564): Submitted by CRAFTON TULL for property located at 707 E. HUNTSVILLE RD. in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains approximately 3.0 acres. The request is to vacate 0.09 acres of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2024-0019 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. Prior to easement vacation, new city utility lines associated with the subject easements must be permitted, constructed, and accepted by the City. 2. Any damage or relocation of any existing facilities will be at the applicant's expense. BACKGROUND: The subject property is in southeast Fayetteville and contains approximately 3.0 acres. The currently undeveloped site is zoned CS, Community Services and is the planned site for phase five of the Park Meadows development. In January 2022, an LSIP was conditionally approved for a 90-unit apartment complex and associated parking (LSIP-2021-000012). In June 2024, the applicant applied for commercial building permits, and during staff review it was noted that a utility easement vacation needed to be finalized prior to the issuance of permits. Request: The applicant proposes to vacate portions of an existing twenty -foot -wide general utility easement on the property. This easement is required to be vacated to continue with the proposed project for multi -family dwellings on this property. DISCUSSION: The applicant submitted the required approvals with no objections, though with added conditions from the City and 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 (#3), Exhibit B (#4), Request Letter (#5), Petition to Vacate (#6), Survey (#7) 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 #: 2024-478 VAC-2024-0019: Vacation (707 E. HUNTSVILLE RD/PARK MEADOWS, 564): Submitted by CRAFTON TULL for property located at 707 E. HUNTSVILLE RD. in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains approximately 3.0 acres. The request is to vacate 0.09 acres of a general utility easement. AN ORDINANCE TO APPROVE VAC-24-19 FOR PROPERTY LOCATED AT 707 EAST HUNTSVILLE ROAD IN WARD 1 TO VACATE A 0.09 ACRE PORTION OF GENERAL 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 general 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 general utility easement 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. Prior to easement vacation, new city utility lines associated with the subject easements must be permitted, constructed, and accepted by the City. 2. Any damage or relocation of any existing facilities will be at the applicant's expense. Page 1 City of Fayetteville Staff Review Form 2024-478 Item ID 9/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 8/30/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0019: Vacation (707 E. HUNTSVILLE RD/PARK MEADOWS, 564): Submitted by CRAFTON TULL for property located at 707 E. HUNTSVILLE RD. in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains approximately 3.0 acres. The request is to vacate 0.09 acres of a general utility easement. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20221130 CIF Grafton Tull August 7, 2024 City of Fayetteville Planning Commission & City Council 125 W. Mountain Street Fayetteville, AR 72701 RE: Park Meadows Phase V— Easement Vacation CTA Job No. 16108506 To whom it may concern, 901 N 47th Street, Suite 400 Rogers, AR 72756 479.636.4838 (ph) 479.631.6224 (fax) This submittal is for the vacation of a general utility easement within the Park Meadows Phase 5 development area. This site is located southeast of the intersection of S. Morningside Drive and Huntsville Road. The site area is approximately 3 acres with 90 proposed dwelling units. The current zoning is CS and the property will be used as multi -family residential. Two of the proposed apartment buildings fall within an existing utility easement. The approved Large Scale Development plans show the waterline being re-routed around the proposed building and portions of the existing waterline being abandoned. We are requesting the utility easement be vacated in these locations, according to the attached exhibit. Should you have any questions, or require any additional information, please contact us at your convenience. Sincerely, Taylor Lindley, P.E. Project Manager PETITION TO VACATE a general utility easement located in parcel 765-32024-001 of the Park Meadows Subdivision, 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 parcel 765-32024-001 of the Park Meadows Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described in the attached Exhibit. The abutting real estate affected by said abandonment of the alley is parcel 765-32024-001, City of Fayetteville, used bythe public for a period of manyyears, and the public interest and welfare would not be adversely affected by the abandonment of the portion of the described easement. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further request that the described real estate be vested in the abutting property owners as provided by Law. WHEREFORE, the undersigned petitioners respectfully request 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 properly 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 A day of 20 _. S CO�� Q�efS Mani itr QW-F Path, Meade W S , PLC Printed Name Signature EXHIBIT P.O.C. NE CORNER LOT 50B PARCEL LINE TABLE LINE DIRECTION LENGTH L1 S2' 38' 43"W 6.70' L2 S42' 21' 17"E 15.99' L3 S87' 21' 17"E 8.70' L4 S47' 38' 43"W 11.87' L5 N45' 48' 34"W 15.50' L6 N47' 38' 43"E 4.25' L7 N87' 23' 47"W 11.93' L8 S77' 51' 06"W 9.05' L9 N19' 51' 17"W 38.30' L10 N47' 04' 09"E 14.14' m -"" S8279'S3"E I P.O.B. EASEMENT VACATION EASEMENT - VACATION AREA N tp I3 !�, I j!s S87'21'17"E 149.50' 1.0.6. EASEMENT VACI TION I LOT 50B PR 2022-10008375 I C UTILITY EASEMENT IPR 2022-00008375 I I I I I - 20' UTILITY EASEMENT PR 0024-00000208 NOTE: THIS EASEMENT EXHIBIT IS A GRAPHICAL REPRESENTATION OF THE EASEMENT VACATION DESCRIPTION, AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 0 GRAPHIC SCALE IN FEET 50 0 50' 1 E. HUNTSV�LLE ROAD L3 c co N UTILITY EASEMENT / PR 2022-00008375 v6 Cy I I m Vi M ao N M z 3 I r, N �j I UTILITY EASEMENT PR 2022-00008375 I I I EASEMENT I I VACATION AREA m I I V' I kj8 L7 Form v1.54 NV\ AN media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVED 113 W MOUNTAIN FAYE'l 1'EVILLE, AR 72701 SEP 2 4 2024 Ad number#: 441 148 CITY OF FAYETTEVILLE PO#• CITY CLERKS OFFICE Matter of: ORD 6794 AFFIDAVIT•STATE OF ARKANSAS I Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON 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 6794 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$127.68. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 09/22/24;NWA nwaonline.com 09/22/24 4-rf Legal Clerk s �.,\... ? A.. ; State of ARKANSAS,County of Sebastian , - '� ,.OTAR - Subscribed and sworn to before me on this 23rd day of September, 2024 = p C, : Co . ( B moo.'2 ARY PUBLIC Ordinance:6794 File Number: 2024-478 VACATION-2024-0019: (707 E.HUNTSVILLE RD/PARK MEAD- OWS,564): AN ORDINANCE TO APPROVE VAC-24-19 FOR PROPERTY LO- CATED AT 707 EAST HUNTSVILLE ROAD IN WARD 1 TO VACATE A 0.09 ACRE POR- TION OF GENERAL 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 portion of general utility easement is not required for corporate purposes. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILtE, ARKANSAS: Section 1: That the City Council of the City of Fayet • - teville,Arkansas hereby vacates the portion of general utility easement as described in Ex- hibit B attached to the Planning Department's memo. Section 2:A copy of this Ordi- nance duly certified by the City Clerk along with the map at- tached as Exhibit A to the Plan- ning 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.Prior to easement vacation, new city utility lines associated with the subject easements must be permitted,constructed, and accepted by the City. 2.Any damage or relocation of any existing facilities will be at the applicant's expense. PASSED and APPROVED on September 17,2024 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:$127.68 September 22,2204 441148