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HomeMy WebLinkAboutOrdinance 6851 IIIII IIIII IIIIIIIII I 111111 liii!!IIIIII1II III!11111 i II °* rAYEI'F�, Doc ID: 022032100003 Type: REL � Kind: ORDINANCE Recorded: 03/28/2025 at 09:41:35 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk W File2025_00007930 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6851 File Number: 2025-274 VACATION-2025-0001: (1278 W.VAN ASCHE DR./LISA ACADEMY HIGH SCHOOL, 171): AN ORDINANCE TO APPROVE VAC-25-01 FOR PROPERTY LOCATED AT 1278 WEST VAN ASHE DRIVE IN WARD 2 TO VACATE 0.06 ACRES OF SANITARY SEWER 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 sanitary 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 the portion of sanitary sewer 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 ongoing condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on March 18, 2025 Approved: Attest: 30'-) `�"' an t. Molly Rawn,Mayor Kara Paxton,City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $115.52 Page 1 VAC-2025-0001 Close Up View 1278 W. VAN ASCHE DR I Exhibit'A' VAC-2025-0001 Subject Property --—--— - --`--Clabber Creek Trail --" � Regional Link � Freeway/Expressway Unclassified Residential Link ~ Planning Area _ ! Fayetteville City Limits -- Shared -Use Paved Trail Design Overlay District ,ASCHE,DR� r, 11 kkL --d Feet 0 75 150 300 450 600 1:2,400 VAN ASCHE DRY NORTH Residential -Agricultural 1-1 Heavy Commercial and Light Industrial C-2 C-3 Exhibit'B' VAC-2025-0001 SANITARY SEWER UTILITY EASEMENT VACATION DESCRIPTION: An easement vacation of part of a 20-foot-wide sanitary sewer easement dedicated per easement plat 24-435, said easement vacation being a part of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 27, Township 17 North, Range 30 West, Washington County, Arkansas, and said easement vacation being more particularly described as follows: Commencing (POC) at the Southwest corner of the W 1/2 of the SW 1/4 of said NW 1/4, thence along the west line of said West 1/2, NO2°29'17"E, 103.20 feet; thence leaving said west line, S87°33'44"E, 23.90 feet to the POINT OF BEGINNING (P.O.B. ESMT VACATION); thence S87°33'44"E, 561.83 feet; thence S75°17'19"W, 6.64 feet; thence N88°14'39"W, 294.02 feet; thence N87°19'35"W, 198.04 feet; thence S83°35'22"W, 33.82 feet; thence N88°02'06"W, 28.90 feet; thence NO3°54'05"W, 10.15 feet; to the POINT OF BEGINNING (P.O.B. ESMT VACATION), containing 2,633 sq. ft., or 0.06 acres. Subject to any easements, rights-of-way, or covenants of record. Washington County, AR I certify this instrument was filed on 03/28/2025 09:41:35 AM and recorded in Real Estate File Number 2025-00007930 Kyle Sylvester- Circuit Clerk by • CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 18, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner CITY COUNCIL MEMO 2025-274 SUBJECT: VACATION-2025-0001: (1278 W. VAN ASCHE DR./LISA ACADEMY HIGH SCHOOL, 171): RECOMMENDATION: Staff recommends approval of VAC-2025-0001 as shown in the attached Exhibits 'A' and '13% and with the following condition of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; BACKGROUND: The subject property is in north Fayetteville, northeast of the intersection of S. McGuire St. and W. Van Asche Dr. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 9.18 acres. It is currently developed with a 46,000-squre foot elementary school and associated parking known as Lisa Academy (LSD-2021-000044). A large-scale development for a 71,800-square-foot middle and high school and associated parking was approved by the Planning Commission on August 26, 2024 (LSD-2024-0016). Request: The applicant proposes to vacate a portion of a sanitary sewer easement along W. Van Asche Dr. that was dedicated in 1994. DISCUSSION: City of Fayetteville staff recommend in favor of the requested easement vacation. The applicant submitted all necessary franchise utility approvals without objections. Any new easements necessary for the construction of the proposed school will be dedicated through an associated easement plat. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Cover Letter (#6), Petition to Vacate (#7), Easement Exhibit (#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 #: 2025-274 VACATION-2025-0001: (1278 W. VAN ASCHE DRJLISA ACADEMY HIGH SCHOOL, 171): AN ORDINANCE TO APPROVE VAC-25-01 FOR PROPERTY LOCATED AT 1278 WEST VAN ASHE DRIVE IN WARD 2 TO VACATE 0.06 ACRES OF SANITARY SEWER 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 sanitary 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 the portion of sanitary sewer 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 ongoing condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-274 Item ID 3/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2025 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: VAC-2025-0001: Vacation (1278 W. VAN ASCHE DR./LISA ACADEMY HIGH SCHOOL, 171): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 1278 W. VAN ASCHE DR in WARD 2. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 9.18 acres. The request is to vacate 0.06 acres of sanitary sewer easement. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: R"rfwlNs�� � CONSULTING ENGINEERS, INC. January 27, 2025 City Council 125 W. Mountain Street Fayetteville, AR 72701 1810 N. College Avenue P.O. Box 1229 Fayetteville, AR 73703172702-1229 479-443-2377/Fax 479-443-9241 www.mcclelland-engrs.com RE: Utility Easement Vacation Request for Lisa Academy High School City Council, Please accept this Utility Easement Vacation request for the Lisa Academy High School development located at 1278 W Van Asche Dr in Fayetteville. This Utility Easement Vacation request is to remove a portion of the existing City of Fayetteville sanitary sewer utility easement dedicated to the City of Fayetteville. The existing utility easement is located approximately 41 feet north of the Van Asche Dr right-of-way, with the Utility Easement Vacation area in question being approximately 2,633 sq ft. The intent of this request is to allow the utility easement to be more correctly aligned with a proposed sewer main routing traversing the subject property to facilitate connection of an adjacent property to the City's public infrastructure. If you should have any questions, please do not hesitate to contact me. We appreciate your continued support of this project. Sincerely, McClelland Consulting Engineers, Inc. James Dibble Assistant Project Manager (479) 443.2377 jdibble(a�mce.us.com Docusign Envelope ID: E710596A-10A3-4CC2-AODO-2924A88C1585 McCLELLAND REE� CONSULTING ENGINEERS, INC. January 27, 2025 Fayetteville City Council RE: 1278 W. Van Asche Drive Utility Easement Vacation Petition 1580 East Stearns Street Fayetteville, AR 72703 (479) 443.2377 P 1 (479) 443.9241 F mr.P us rnm PETITION TO PARTIALLY VACATE A UTILITY EASEMENT LOCATED IN THE 27-17-30 FAYETTEVILLE OUTLOTS, CITY OF FAYETTEVILLE, ARKANSAS We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in the 27-17-30 Fayetteville Outlots, City of Fayetteville, Arkansas, a municipal corporation, petition to partially vacate a utility easement which is as follows: EASEMENT VACATION DESCRIPTION: An easement vacation of part of a 20-foot-wide sanitary sewer easement dedicated per easement plat 24-435, said easement vacation being a part of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 27, Township 17 North, Range 30 West, Washington County, Arkansas, and said easement vacation being more particularly described as follows: Commencing (POC) at the Southwest corner of the W 1/2 of the SW 1/4 of said NW 1/4, thence along the west line of said West 1/2, NO2°29'17"E, 103.20 feet; thence leaving said west line, S87°33'44"E, 23.90 feet to the POINT OF BEGINNING (P.O.B. ESMT VACATION); thence S87°33'44"E, 561.83 feet; thence S75°17'19"W, 6.64 feet; thence N88014'39"W, 294.02 feet; thence N87019'35"W, 198.04 feet; thence S83°35'22"W, 33.82 feet; thence N88002'06"W, 28.90 feet; thence NO3°54'05"W, 10.15 feet; to the POINT OF BEGINNING (P.O.B. ESMT VACATION), containing 2,633 sq. ft., or 0.06 acres. Subject to any easements, rights -of -way, or covenants of record. That the abutting real estate affected by said partial abandonment of the utility easement are a part of the 27-17-30 Fayetteville Outlots, 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 existing 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. Docusign Envelope ID: E710596A-10A3-4CC2-AODO-2924A88C1585 RE: 151 W. Dickson Street Multi -family Access Easement Vacation Petition 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 easements, and that title to said real estate sought to be abandoned by 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 real estate. Sincerely, KLS Leasing II, LLC ESigned by: BA4DF5F423014CC... President Page 12 MEEMcCLELLAND CONSULTING ENGINEERS, INC. 0 50 100 3 � = WATER ESMT PER 24-435 SCALE 1" 1 0' � I Lu Lu � I W 15 FT WIDE ROW GRANT BOOK 1406 PAGE 448 C7 M DRAINAGE ESMT PER 24-435 U Ln = 3 N ELEC ESMT PER 24-435 Lu In a 0 _ W ~ N S87° 33' 04"E-23.90' Ln Elf Lu LL] 0� a- TREE PRESERVATION ESMT PER 24-435 I POB ESMT VACATION < cn NO3° 54' 05"W-10.15' LLI cc IESMT VACATION u' 2633 SQ. FT. Lu 0.06 AC. O S75° 17' 19"W-6.64' ` _` 03° 35' 22"W-33.82' N o S87° 33'44"E-561.83' ri N87° 19' 35"W' � -198.04....+•.�", _'—.'•'....,�.��•=•.—.�, o N880 14' 39"W-294.02' uw N88° 02' 06"W-28.90' In N M WkV m Ln N 'j- rl 4 op DRAINAGE EASEMENT (DOCUMENT 2014-23107 N � O Z "' rn WEST VAN ASCHE DRIVE POC In O Ln rl 06 H O � N W � Ol ^ ,Ni w 0 00 N O ~ Z O Lfl z 0 O W N IT ° 7 rn N Z 2: a ^ O Q ~ ~ a F->z a w > wU Lu(70 �of w W g z 2: �: a D Z Z:) w Z O U O W U LuU w Z O -1 D J ry > � FLu Z 2 W rl c" z W U J a LQ}i Q m m > 0 z LL V) 0 w � w o N x r 0 a V a LEGEND a 765-15773-803 TAX PARCEL NUMBER EXISTING EASEMENT 2021-35844 DEED RECORD EASEMENT TO BE VACATED k — — EXISTING PROPERTY LINE a BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) NMANAGER DRAWNBY 3D McCLELLAND a DATE REVISION LISA ACADEMY CONSULTING 01 14 zs EXHIBIT "A" FAYETTEVILLE ARKANSAS -ENGINEERS, INC. SCALE: PRONUMBER'. MAP , 3 AS NOTED 242122 1580 E. STEARNS ST. # KLS LEASING II LLC FAYETTEVILLE, AR 72703 # V i (479) 443-2377 # „ 1 HTTP://WWW.MCE.US.COM Form v1.54 RECEIVED NVN03/24/2025 medza CIT OF RYETTEV E CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 491973 PO#: Matter of: ORD 6851 AFFIDAVIT•STATE OF ARKANSAS 1 Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk 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 6851 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$115.52. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 03/23/25;NWA nwaonline.com 03/23/25 Legal Clerk --- .. State of ARKANSAS,County of Sebastian Subscribed and sworn to before me on this 24th day of March, 2025 -- - J L N ARY PUBLIC Ordinance:6851 File Number: 2025-274 VACATION-2025-0001:(1278 W.VAN ASCHE DR./LISA ACAD- EMY HIGH SCHOOL,171): AN ORDINANCE TO APPROVE VAC-25-01 FOR PROPERTY LO- CATED AT 1278 WEST VAN ASHE DRIVE IN WARD 2 TO VACATE 0.06 ACRES OF SANITARY SEWER 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 sanitary sewer 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 Coun- cil of the City of Fayetteville, Arkansas hereby vacates the portion of sanitary sewer ease- ment as described in Exhibit B attached to the Planning De- partment'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 tiled in the office of the Washington County Circuit Clerk. Section 3:This vacation ap- proval is subject to the ongoing condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on March 18,2025 Approved: Molly Rawn,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:9115.52 March 23,2025 491973