No preview available
HomeMy WebLinkAboutOrdinance 6852 110111111111111111111111111 0FArEfT�Vi Doc ID: 022032110003 Type: REL << Kind: ORDINANCE U '" Recorded: 03/28/2025 at 09:42:01 AM Fee Amt: $25.00 Page 1 of 3 aLw Washington County, AR ` S 7'4 Kyle Sylvester Circuit Clerk File2025 00007931 4RAANso 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6852 File Number: 2025-273 VACATION-2024-0028: (1001 W BULLDOG BLVD./FAYETTEVILLE HIGH SCHOOL,522): AN ORDINANCE TO APPROVE VAC-24-28 FOR PROPERTY LOCATED AT 1001 WEST BULLDOG BOULEVARD IN WARD 1 TO VACATE 0.05 ACRES 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 portion 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 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 conditions 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: 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-2024-0028 1001 W. BULLDOG BLVD Close Up View NOLAN RICHARDSON D CARL•SON• Neighborhood Link Institutional Master Plan Regional Link - High Activity Residential Link Planning Area _ - Fayetteville City Limits - - - Trail (Proposed) RMF L J Exhibit 'A' VAC-2024-0028 ' BULLDOG BLVD Subject Property CP O ' G� O P-1 C-2 N p > imMARTIN LUTHER ---NORTH- Feet 0 75 150 300 450 600 1:2,400 RMF-24 C-2 Community Services P-1 Washington County. AR I certify this instrument was filed on 03/28/2025 09:42:01 AM Exhibit 'B' and recorded in Real Estate VAC-2024-0028 File Number 2025-00007931 Kyle Sylvester- Circuit Clerk PROPERTY DESCRIPTION PER EASEMENT PLAT 2011-00007587 by A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHWEST QUARTER (SW1/4)AND A PART OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 16, T-16-N, R- 30-W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 16, THENCE SOUTH 87°06'56" EAST A DISTANCE OF 30.77 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF GARLAND AVENUE FOR THE POINT OF BEGINNING, THENCE SOUTH 0°02'05" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 265.46 FEET;THENCE SOUTH 12°23'08" EAST CONTINUING ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 696.05 FEET TO THE NORTH RIGHT OF WAY LINE OF MARTIN LUTHER KING BOULEVARD; THENCE SOUTH 84°27'08" EAST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 25.97 FEET; THENCE SOUTH 83°11'48" EAST CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 100.02 FEET; THENCE SOUTH 87°11'11" EAST CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 589.58 FEET TO THE WEST RIGHT OF WAY LINE OF BUCHANAN AVENUE; THENCE NORTH 2°38'19" EAST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 938.94 FEET TO THE SOUTH RIGHT OF WAY LINE OF STONE STREET; THENCE NORTH 87°06'56" WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 736.28 FEET; THENCE NORTH 2°53'04" EAST CONTINUING ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 16;THENCE CONTINUING ALONG SAID SOUTH RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 408.06 FEET, AN ARC DISTANCE OF 198.80 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 60°26'50" WEST- 196.85 FEET TO THE EAST RIGHT OF WAY LINE OF GARLAND AVENUE; THENCE SOUTH 0°02'05" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 88.46 FEET TO THE POINT OF BEGINNING, CONTAINING 18.07 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. IT IS THE INTENT THAT ALL LANDS DESCRIBED ABOVE IS BOUND BY THE SOUTH RIGHT OF WAY LINE OF STONE STREET, THE EAST RIGHT OF WAY LINE OF GARLAND AVENUE,THE NORTH RIGHT OF WAY LINE OF MARTIN LUTHER KING BOULEVARD, AND THE WEST RIGHT OF WAY LINE OF BUCHANAN AVENUE. EASEMENT VACATION DESCRIPTION PART OF A VARIABLE WIDTH UTILITY EASEMENT, DEDICATED PER EASEMENT PLAT 2011-00007587 OF THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC) AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW1/4), OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST; THENCE SOUTH 87°06'56" EAST, A DISTANCE OF 30.77 FEET TO THE EAST RIGHT-OF-WAY LINE OF SOUTH STADIUM DRIVE; 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 2025-273 SUBJECT: VACATION-2024-0028: (1001 W BULLDOG BLVD./FAYETTEVILLE HIGH SCHOOL, 522): RECOMMENDATION: Staff recommends approval of VAC-2024-0028 as shown in the attached Exhibits 'A' and 'B', 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 located on the Fayetteville High School campus at the southeast corner of the intersection of W. Bulldog Blvd. and S. Stadium Dr. A large-scale development for a 453-stall parking garage to serve the Fayetteville High School campus was approved by the Planning Commission on January 30, 2025. Request: The applicant proposes to vacate a utility easement that was dedicated in 2011 with the expansion of the Fayetteville High School. DISCUSSION: City of Fayetteville staff recommends in favor of the requested easement vacation. The applicant submitted all the necessary franchise utility approvals without objections facility -specific conditions. Any new easements necessary for the construction of the proposed parking garage 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 #: 2025-273 VACATION-2024-0028: (1001 W BULLDOG BLVD./FAYETTEVILLE HIGH SCHOOL, 522): AN ORDINANCE TO APPROVE VAC-24-28 FOR PROPERTY LOCATED AT 1001 WEST BULLDOG BOULEVARD IN WARD I TO VACATE 0.05 ACRES 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 portion 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 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 conditions 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 2025-273 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-2024-0028: Vacation (1001 W BULLDOG BLVD/FAYETTEVILLE HIGH SCHOOL, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 1001 W. BULLDOG BLVD in WARD 1. The property is zoned P-1, INSTITUTIONAL and contains approximately 18.01 acres. The request is to vacate 0.05 acres of utility easement. Account Number Project Number Budgeted Item? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Fund Project Title $ V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: THENCE ALONG SAID EAST LINE, SOUTH 00°02'05" WEST, A DISTANCE OF 218.97 FEET, THENCE LEAVING SAID EAST LINE, SOUTH 12°23'08" EAST, A DISTANCE OF 98.83 FEET TO THE POINT OF BEGINNING (POB EASEMENT VACATION); THENCE NORTH 78°07'07" EAST, A DISTANCE OF 100.38 FEET, THENCE SOUTH 11°52'53" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 78°07'07" WEST, A DISTANCE OF 100.20 FEET; THENCE NORTH 12°23'08" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING (POB EASEMENT VACATION). SAID EASEMENT VACATION CONTAINING 2,006 SQUARE FEET, 0.05 ACRES. SUBJECT TO ALL EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. McCLELLAND 1580 E. Sterns St. CONSULTING Fayetteville, AIR 72703 479-443-2377/Fax 479-443-92419241 ffl"CE� ENGINEERS, INC. www.mce.us.com December 18, 2024 Development Services RE: Fayetteville High School Parking Deck — General Utility Easement Vacation Development Services, On behalf of Fayetteville Public Schools, a request to vacate a general utility easement is requested as part of the high school parking deck. A general utility easement was dedicated via an easement plat in 2011 associated with the high school's building expansion. Although dedicated, utilities were later revised, no longer requiring said easement. The easement will need to be vacated to allow the placement of the parking deck. No utilities will be affected per this request. We are committed to ensuring this project aligns with the city's standards and vision. Should you have any questions or require further information, please feel free to contact us directly. Thank you for your consideration. We look forward to working together on this important development for Fayetteville High School. Sincerely, Chris Bakunas, PLA McClelland Consulting Engineers, Inc. Land Development Department Head 479-443-2377 cbakunas@mce.us.com PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN 16-16-30 Fayetteville Outlots, CITY OF FAYETIEVILLE, 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 16-16-30 Fayetteville Outlots, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: PART OF A VARIABLE WIDTH UTILITY EASEMENT, DEDICATED PER EASEMENT PLAT 2011-00007587 OF THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC) AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SWI/4), OF THE SOUTHWEST QUARTER (SWl/4) OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, THENCE SOUTH 87006'56" EAST, A DISTANCE OF 30.77 FEET TO THE EAST RIGHT-OF-WAY LINE OF SOUTH STADIUM DRIVE; THENCE ALONG SAID EAST LINE, SOUTH 00°02'05" WEST, A DISTANCE OF 218.97 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 12°23'08" EAST, A DISTANCE OF 98.83 FEET TO THE POINT OF BEGINNING (POB EASEMENT VACATION); THENCE NORTH 78-07'07" EAST, ADISTANCE OF 100.38 FEET, THENCE SOUTH 11052'53" EAST, ADISTANCE OF 20.00 FEET; THENCE SOUTH 78007'07" WEST, A DISTANCE OF 100.20 FEET, THENCE NORTH 12°23'08" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING (POB EASEMENT VACATION). SAID EASEMENT VACATION CONTAINING 2,006 SQUARE FEET, 0.05 ACRES, SUBJECT TO ALL EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. That the abutting real estate affected by said abandonment of the alley are 16-16-30 Fayetteville Outtots 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. (i Dated this 5 day of I, 20 c,?,` ` � Printed Name Signature POC NW CORNER SW 1/4 SW 1/4 SECTION 16 T-16-N R-30-W 0 30 60 Way2seu<<pp SCALE 1" = 60' WIpFq Py <TRpgRrgg R/� gpWl�� UIpTyR7 op S87o 06' 56"E-30.77' RB & GUIY7, op �FR LAND- R/ - a 3 I w . w Ok 2 U 0 C7 tea' dS 2 m 3 V S w F- ,¢, O < ¢ >< OS a T � cn �¢ W N O w ¢� w v~i 3 Z in F- M 0 0 lV Z ¢ ODO �o �o ly POB EASEMENT VACATION N12° 23' 08"W-20.00'— G m -o rn m S12o 23'08"E-98.83' Q N N O O O O J c J S78o p7, 07 57 Sll° 52' 53"E-20.00' EASEMENT VACATION 2006 SQ. FT. 0.05 AC. SAT 2 O11"p00075g7 UE PER ESMN P LEGEND 765-14448-000 TAX PARCEL NUMBER 411-202 DEED RECORD a/w EXISTING RIGHT-OF-WAY LINE r---«7TT--1 UTILITY EASEMENT PER EASEMENT L-� � i PLAT 2011-00007587 TO BE VACATED BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) CB DB McCLELLAND REVISION : FAYETTEVILLE HIGH SCHOOL CONSULTING 0 ll�07�2024 EXHIBIT "A" FAYETEVILLE ARKANSAS -ENGINEERS, INC. 24 SCALE NUMBER: 11 R MAP 3 AS NOTED 242711 EE 1580 E. $YEARNS ST. u FAYETTEVILLE SCHOOL DISTRICT # 1 FAYETTEVILLE, AR 72703 u F u - 1 1 (479) 443-2377 Forth vl.54 NVNCEIVEn 4r.\ R 03/24/2025 Li media CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 491976 PO #: Matter of: ORD 6852 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 6852 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 = - N ARY PUBLIC Ordinance:6852 File Number:2025-273 VACATION-2024-0028:(1001 W BULLDOG BLVD./FAYET- TEVILLE HIGH SCHOOL,522): AN ORDINANCE TO APPROVE VAC-24-28 FOR PROPERTY LO- CATED AT 1001 WEST BULLDOG BOULEVARD IN WARD 1 TO VA- CATE 0.05 ACRES 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 fallow- ing described portion 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 Coun- cil of the City of Fayetteville, Arkansas hereby vacates the portion of utility easement as described in Exhibit 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 tiled in the office of the Washington County Circuit Clerk. Section 3:This vacation ap- proval Is subject to the ongoing conditions 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:$115.52 March 23,2025491978