HomeMy WebLinkAboutOrdinance 4706 ORDINANCE NO. 4706
AN ORDINANCE APPROVING VAC 05- 1456 SUBMITTED BY
MANDY BUNCH FOR PROPERTY LOCATED AT 580 WEST
MEADOW VACATING TWO SEWER EASEMENTS AS
INDICATED ON THE ATTACHED MAP AND LEGAL
DESCRIPTION
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 platted 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 of Fayetteville, Arkansas hereby vacates and abandons the
following described utility easements:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
Section 3 : That all affected public mains shall be re-routed and accepted by the City of
Fayetteville in accordance with adopted ordinances.
PASSED and APPROVED this 17th day of May, 2005.
FR E9S'% APPROVED
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; FAYmEVILLE : ? By:
DAN COODY, Mayor
%9sy�RKANSP�J�,
ATTEST: GTON `
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By:
S NDRA SMITH, City ClerkDoc 1Q@ 008612800004 TVQ9 : REL
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Recorded : 06/20/2005 at 02 . 38 . 38 PM
Fee Amt : $17 . 00 Paae 1 of 4
Mashlnaton County . AR
Bette stamps Olroult clerk
F11e2005-00026495
EXHIBIT "A"
VAC 05-1456
SUR VEYDESCRIPTION (SEWER EASEMENT VACATION "A ")
A PART OF THE SOUTHEAST QUARTER (SE1 /4) OF THE NORTHWEST QUARTER (NW 1 /4)
OF SECTION SIXTEEN (16), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
WASHINGTON COUNTY, ARKANSAS, AND A PART OF THE VACATED PORTION OF GREGG
AVENUE AS PER CITY ORDINANCE # 1070, RECORDED IN DEED BOOK 465 AT PAGE 275, ALL
IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK
EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS
DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS;
THENCE N87008' 11 "W 83 .92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO
AN EXISTING 1 /2" IRON REBAR; THENCE NO2152'55"E 60.45 FEET; THENCE N87106'39"W
77.68 FEET; THENCE N28°00'31 "W 37. 15 FEET; THENCE N70°40'52"W 13 .42 FEET; THENCE
N87013 '02"W 60.65 FEET; THENCE S85°34' 50"W 25.43 FEET; THENCE S68°44'55"W 49.99
FEET; THENCE S27°56'29"W 55.25 FEET; THENCE S35° 16'03"W 29.94 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE
ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS AND DISTANCES:
S28041 '28"W 53.40 FEET; S28041 '2814 64.27 FEET;
S27040'29"W 74.92 FEET; S25037'227'W 82.43 FEET;
S22049'06"W 78.66 FEET; S19028'33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87°45'31 "E 151 .62 FEET TO AN
EXISTING IRON FOR THE TRUE POINT OF BEGINNING; THENCE
N87045 '31 "W 2.33 FEET TO A POINT WHICH IS TEN ( 10) FEET SOUTHWEST OF AND
PERPENDICULAR TO AN EXISTING SEWER LINE; THENCE N38045 ' 54"W PARALLELL
WITH SAID SEWER LINE 126.39 FEET; THENCE N24001 '58"E 22.49 FEET TO A POINT
WHICH IS TEN ( 10) FEET NORTHEAST OF AND PERPENDICULAR TO SAID EXISTING
SEWER LINE; THENCE S38045 ' 54"E PARALLEL WITH SAID SEWER LINE 118.81 FEET;
THENCE S07007'41 "W 11 .68 FEET TO A CHISELED "X" IN CONCRETE; THENCE
S02026'02"W 14.96 FEET TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE
OR LESS.
SURVEY DESCRIPTION (SEWER EASEMENT VACATION `B")
A PART OF BLOCK EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, A PART OF THE VACATED PORTION OF SPRING STREET AS PER CITY
ORDINANCE # 1513, RECORDED IN DEED BOOK 689 AT PAGE 242, AND A PART OF THE
VACATED PORTION OF GREGG AVENUE AS PER CITY ORDINANCE # 1070, RECORDED IN
DEED BOOK 465 AT PAGE 275, ALL IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE
N87008' 11 "W 83.92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO AN
EXISTING 1/2" IRON REBAR; THENCE NO2°52'55"E 60.45 FEET; THENCE N87°06'39"W 77.68
FEET; THENCE N28°00'31 "W 37. 15 FEET; THENCE N70040' 52"W 13 .42 FEET; THENCE
N87013 '0259W 60.65 FEET; THENCE S85°34'50"W 25.43 FEET; THENCE S68°44'55"W 49.99
FEET; THENCE S27°56'29"W 55.25 FEET; THENCE S35° 16'03"W 29.94 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE
ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS AND DISTANCES :
S28041 '28"W 53.40 FEET; S28041128"W 64.27 FEET;
S27040'29"W 74.92 FEET; S25037122"W 82.43 FEET;
S22049'06"W 78.66 FEET; S19028'33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87°45 '31 "E 151 .62 FEET TO AN
EXISTING IRON; THENCE NO2°26'02"E 14.96 FEET; THENCE S87119' 52"E 21 .00 FEET;
THENCE NO204090891E 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING
TEN ( 10) FEET EAST OF AND PERPENDICULAR TO AN EXISTING SEWER LINE; THENCE
N87019153"W 20.00 FEET TO A POINT TEN ( 10) FEET WEST OF AND PERPENDICULAR TO
SAID EXISTING SEWER LINE; THENCE N04020'04"E PARALLEL WITH SAID SEWER LINE
11 .69 FEET; THENCE N15004'46"E PARALLEL WITH SAID SEWER LINE 324.94 FEET;
THENCE S79023512"E 20.06 FEET TO A POINT TEN ( 10) FEET EAST OF AND
PERPENDICULAR TO SAID EXISTING SEWER LINE; THENCE S15004'46"W PARALLEL
WITH SAID SEWER LINE 324.62 FEET; THENCE SO4°20'04"W 9.23 FEET TO THE POINT OF
BEGINNING, CONTAINING 0. 15 ACRES, MORE OR LESS.
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1 C2,012 this Instrument was filed cn
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and recorded in Real
File Number 2005-
Bette Stamps 0Estate
0026485
by u , Clerk
D20
City Council
If of May 17, 2005 511 7165
Agenda Item Number cf7U(�
CITY COUNCIL AGENDA MEMO , i�c 05 �
To: Mayor and City Council �� 5fo/"/.Il dy
Thru : Gary Dumas, Director of Operations
From : Jeremy C. Pate, Director of Current Planning
Date: April 28, 2005
Subject: Easement Vacation for Reindl (VAC 05- 1456)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of two existing
utility easements, as described and depicted herein.
BACKGROUND
The applicant has secured approval from the Planning Commission to construct a 30-unit
multi-family condominium development located on 2 .40 acres in the downtown area,
west of Nadine Baum Center, along the railroad corridor. Existing sewer lines are located
underneath the warehouse buildings, which have since been razed. As part of the new
project, the old sewer lines within these easements are proposed to be rerouted around the
location of the new structures. Rerouting of the sewer lines has been reviewed and
received initial approval from the Water/Wastewater and Engineering Divisions, to
adequately serve the area in a fashion similar to that which currently exists. A condition
of approval of the Large Scale Development states that the subject easement shall be
formally vacated, prior to the issuance of building permits. The request is to comply with
this condition of approval .
Request: The applicant requests to vacate a portion of an existing utility easements to
allow for construction of a residential structure, as described and depicted in the attached
documents.
DISCUSSION
Notification was provided to all utility representatives and adjoining property owners. No
objections were submitted. Conditions as requested and pertinent to the subject request
are included as a condition of approval. The Planning Commission voted 8-0-0 on its
consent agenda to forward this item to the City Council with a recommendation for
approval of the vacation request at the regular meeting of April 25, 2005.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 05- 1456 SUBMITTED BY MANDY
BUNCH FOR PROPERTY LOCATED AT 580 WEST MEADOW VACATING
TWO SEWER EASEMENTS AS INDICATED ON THE ATTACHED MAP
AND LEGAL DESCRIPTION.
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 platted 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 of Fayetteville, Arkansas hereby vacates and abandons the
following described utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2 . That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
Section 3 . That all affected public mains shall be re-routed and accepted by the City of
Fayetteville in accordance with adopted ordinances.
PASSED AND APPROVED this day of 2005.
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 05- 1456
SURVEY DESCRIPTION (SEWER EASEMENT VACATION "A ")
A PART OF THE SOUTHEAST QUARTER (SEI /4) OF THE NORTHWEST QUARTER (NW 1 /4)
OF SECTION SIXTEEN ( 16), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST,
WASHINGTON COUNTY, ARKANSAS, AND A PART OF THE VACATED PORTION OF GREGG
AVENUE AS PER CITY ORDINANCE # 1070, RECORDED IN DEED BOOK 465 AT PAGE 275, ALL
IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK
EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS
DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS;
THENCE N87008' I 1 "W 83.92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO
AN EXISTING %" IRON REBAR; THENCE NO2°52' 55'E 60.45 FEET; THENCE N87°06'39"W
77.68 FEET; THENCE N28°00'31 "W 37. 15 FEET; THENCE N70°40' 52"W 13 .42 FEET; THENCE
N87013 '02"W 60.65 FEET; THENCE S85034'50"W 25 .43%FEET; THENCE S68044' 55"W 49.99
FEET; THENCE S27056'29"W 55 .25 FEET; THENCE S35° 16'03"W 29.94 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE
ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS AND DISTANCES:
S28041128"W 53.40 FEET ; S28041 '28"W 64.27 FEET;
S27040'29"W 74.92 FEET; S25037'22"W 82.43 FEET;
S22049'06"W 78.66 FEET; S19028'33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87045 '3 ] "E 151 .62 FEET TO AN
EXISTING IRON FOR THE TRUE POINT OF BEGINNING; THENCE
N87°45 `31 "W 2.33 FEET TO A POINT WHICH IS TEN ( 10) FEET SOUTHWEST OF AND
PERPENDICULAR TO AN EXISTING SEWER LINE; THENCE N38°45' 54"W PARALLELL
WITH SAID SEWER LINE 126.39 FEET; THENCE N24'01 ' 58"E 22.49 FEET TO A POINT
WHICH IS TEN ( 10) FEET NORTHEAST OF AND PERPENDICULAR TO SAID EXISTING
SEWER LINE; THENCE S38°45' 54"E PARALLEL WITH SAID SEWER LINE 118.81 FEET;
THENCE S07007'41 "W 11 .68 FEET TO A CHISELED "X" IN CONCRETE; THENCE
S02026'02"W 14.96 FEET TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE
OR LESS.
0 0
SURVEY DESCRIPTION (SEWER EASEMENT VACATION "B")
A PART OF BLOCK EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, A PART OF THE VACATED PORTION OF SPRING STREET AS PER CITY
ORDINANCE # 1513, RECORDED IN DEED BOOK 689 AT PAGE 242, AND A PART OF THE
VACATED PORTION OF GREGG AVENUE AS PER CITY ORDINANCE # 1070, RECORDED IN
DEED BOOK 465 AT PAGE 275, ALL IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND ALTOGETHER BEING MORE PARTICULARLY`DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE
N87°08 ` 1 1 "W 83 .92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO AN
EXISTING Y2" IRON REBAR; THENCE NO2°52' 55"E 60.45 FEET; THENCE N870C39"W 77.68
FEET; THENCE N28°00'3 FW 37. 15 FEET; THENCE N70°40' 52"W 13.42 FEET;THENCE
N87° IY02"W 60.65 FEET; THENCE S85°34' 50"W 25 .43 FEET; THENCE S68°44'55"W 49.99
FEET; THENCE S2756' 29"W 55.25 FEET; THENCE S35° 16'03"W 29.94 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE
ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS AND DISTANCES:
S28041 '28"W 53 .40 FEET ; S28041 '28"W 64.27 FEET;
S27040'29"W 74.92 FEET; S25037'22"W 82.43 FEET;
S22049'06"W 78.66 FEET; S19028' 33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87°45 '31 "E 151 .62 FEET TO AN
EXISTING IRON; THENCE NO2026'02"E 14:96,/FEET; THENCE S87019' 52"E 21 .00 FEET;
THENCE NO2040'08"E 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING
TEN ( 10) FEET EAST OF AND PERPENDICULAR TO AN EXISTING SEWER LINE; THENCE
N87019' 53"W 20.00 FEET TO A POINT TEN ( 10) FEET WEST OF AND PERPENDICULAR TO
SAID EXISTING SEWER LINE; THENCE N04020'04"E PARALLEL WITH SAID SEWER LINE
11 .69 FEET; THENCE N15004'46"E PARALLEL WITH SAID SEWER LINE 324.94 FEET;
THENCE S7902312"E 20.06 FEET TO A POINT TEN ( 10) FEET EAST OF AND
PERPENDICULAR TO SAID EXISTING SEWER LINE; THENCE S15°04'46"W PARALLEL
WITH SAID SEWER LINE 324.62 FEET; THENCE SO4020'04"W 9.23 FEET TO THE POINT OF
BEGINNING, CONTAINING 0. 15 ACRES, MORE OR LESS.
° 7ye [Leve
ill PC Meeting of April 25 , 2005
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Director of Current Planning
DATE: April 19, 2005
VAC 05-1456: (REINDL, 484): Submitted by MANDY BUNCH for property located at 580 W
MEADOW. The property is zoned C-3 , CENTRAL COMMERCIAL and contains
approximately 2.40 acres. The request is to vacate two sewer easements on the subject property.
Property Owner: BRIAN REINDL Planner: JEREMY PATE
FINDINGS:
Background: A Large Scale Development was approved by the Subdivision Committee on
February 03 , 2005 for the construction of a three-story, 30-unit condominium development in
two buildings on property located west of the Nadine Baum Center, south of the Walton Arts
Center municipal parking lot in downtown Fayetteville. The two sewer easements to be vacated
are utilized for sanitary sewer mains. The mains were crossing under a building that formerly
occupied the property. The developer is proposing to construct a new building in approximately
the same area that the previous building was located. The sanitary sewer is to be re-routed
around the proposed building. Rerouting of the sewer lines has been reviewed and received
initial approval from the Water/Wastewater and Engineering Divisions, to adequately transfer
existing and future wastewater flow in a fashion similar to that which currently: exists. A
condition of approval of the Large Scale Development was the vacation of these easements that
are affected by the proposed development, which is the subject request.
Request: The request is to vacate two separate utility easements on the subject property,
described and depicted in the attached exhibits.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections.
SW Bell No Objections
K:\Report\2005\PC Report\04-25-05\VAC 05-1456 (Reindl).doc
• •
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. Water and Sewer
services must be re-routed prior to
vacation of the rights-of-way.
Transportation No Objections
Solid Waste No Objections
Engineering No Objections.
Public Comment: The applicant has submitted the required notification forms to the adjacent
property owners. Adjacent property owners had no objections to the proposed vacation.
Recommendation: Vacating the easements will not adversely affect the property or access to
any easements on the property. Infrastructure improvements will correct problems with the
sewer mains that currently cross the subject property. Staff recommends approval of the
proposed right-of-way vacation VAC 05- 1456, with the following conditions:
1 . Affected public mains shall be re-routed and accepted by the City of Fayetteville prior to
vacation of the rights-of-way.
PLANNING COMMISSION ACTION: yes Required
�LApproved Denied
Date: April 25, 2005 ( vo lA ,4)
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
KAReports\2005\PC Reports\04-25-05\VAC 05-1456 (Reindp.doc
EB LandWorks , Inc .
PO Box 3432 , Fayetteville, Arkansas 72702-3432
phone 479.444. 7769 fax 479.444.7793
March 17, 2005
Mr. Jeremy C. Pate
Director of Current Planning
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Phone (479)575-8267
RE: Proposed Utility Easement Vacation
Reindl Properties
Fayetteville, Arkansas
Dear Mr. Pate:
Please accept this correspondence as the scope, nature, and intent submittal required as part of
the easement vacation process. There are sanitary sewer lines that run under the existing
building on Mr. Reindl 's properties and within the proposed building envelope of our current
project. As a part of the Large Scale Development process, the lines and their associated
easements were required to be moved. We have coordinated with the Water and Sewer
Superintendent at length and have obtained his approval as well as approval of the routing from
the Engineering Department.
Thank you for your ongoing assistance with this project. If you need additional information, or
have any questions, please call me at (479)444- 7769.
Best Regard .
Mandy R. Bunch , PE
aye evl�
ARKANSAS
WATER AND WASTEWATER DIVISION
DEPARTMENTAL CORRESPONDENCE
To: City Planning
Thru: Engineering
From: David Jurgens, Water/Wastewater
Date: January 25, 2005
Subject: Easement Vacation Request/Sewer Rerouting, Meadow Place Condominiums
(Meadow and Gregg)
I concur with the proposed rerouting of the sewer lines and vacation/realignment of the
easements at the Meadow Place Condominiums (Meadow and Gregg) as shown on the
preliminary plans submitted by Mandy Bunch, EB Landworks, Inc., dated 25 January 2005.
General Info: There are three sewers, two 12" lines and one 18" line, running through this
development and passing into the same lines (the 18" turning into a 24") flowing south in the
Gregg right of way downstream. One of the existing 12" mains passes under the current
structure.
After several on -site meetings, the attached plan was identified as the best method of carrying the
existing flow, eliminating the easement encroachments, and resolving as current and
anticipatable future conflicts between the structures and lines sewer lines.
The proposed plan routes the existing 12" line from the north side of the building around the
structure to the west. This joins with the existing 18", turning into a 24" which ties to the
existing 24" in Gregg on the south end of the property. Two flow splitters, coming off the 24"
and tying into the two existing 12" lines, will be installed, replacing the existing flow splitting
structures. This will allow the new layout to transfer the flow in a fashion similar to that which
currently exists.
Gregg-MeadowSw Route -Ea mtJan05.doc
(q SURVEY DESCRIP77ONlSEWEREASEMENT VAC4TION"A") •
A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHWEST QUARTER (NW I/4) OF
SECTION SIXTEEN (16), TOWNSI-HP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
WASHINGTON COUNTY, ARKANSAS, AND A PART OF THE VACATED PORTION OF GREGG
AVENUE AS PER CITY ORDINANCE #1070, RECORDED IN DEED BOOK 465 AT PAGE 275, ALL IN
THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTI-MAST CORNER OF BLOCK EIGI-Tl' (8)
IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON
THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF TI IE CIRCUIT CLERK AND EX -
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE N87'08'1 I"W 83.92 FEET
ALONG TI4E NORTH LINE OF SAID BLOCK EIGFIT (8) TO AN EXISTING ''/2" [RON REBAR;
THENCE N02°52'55"E 60.45 FEET; THENCE N87°06'39"W 77.68 FEET; THENCE N28°00'31"W 37.15
FEET; THENCE N70`40'52"W 13.42 FEET; THENCE N87°13'02"W 60.65 FEET; THENCE
S85°34'50"W 25.43 FEET; THENCE $68°44'55"W 49.99 FEET; THENCE S27"56'29"W 55.25 FEET;
THENCE S35° 16'03"W 29.94 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE
ARKANSAS & MISSOURI RAILROAD; THENCE ALONG SAID RAILROAD RIGHT-OF-WAY THE
FOLLOWING BEARINGS AND DISTANCES:
S28°4I'28"W 53.40 FEET; S2804l'28"W 6427 FEET;
S27'40'29"W 74.92 FEET; S25°37'22"W 82.43 FEET;
S22°49'06"W 78.66 FEET; S 19°28'33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87°45'31"E 151.62 FEET TO AN
EXISTING IRON FOR THE TRUE POINT OF BEGINNING; THENCE
N87°45'31"W 2.33 FEET TO A POINT WHICH IS TEN (10) FEET SOUTHWEST OF AND
PERPENDICULAR TO AN EXISTING SEWER LINE-, THENCE N38°45'54"W PARALLELL WITH
SAID SEWER LINE 126.39 FEET; THENCE N2400 1'58"E 22-49 FEET TO A POINT WHICH IS TEN
(10) FEET NORTHEAST OF AND PERPENDICULAR TO SAID EXISTING SEWER LINE; THENCE
S38°45'54"E PARALLEL WITH SAID SEWER LINE 118.81 FEET, THENCE S07°07'41"W 11.68 FEET
TO A CHISELED "X" IN CONCRETE; THENCE S02°26'02"W 14.96 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.06 ACRES, MORE OR LESS.
(2) SURVEY DESCRIP77ON (SEWER EASEMENT VACATION "B")
A PART OF BLOCK EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, A PART OF THE VACATED PORTION OF SPRING STREET AS PER CITY
ORDINANCE #1513, RECORDED IN DEED BOOK 689 AT PAGE 242, AND A PART OF THE
VACATED PORTION OF GREGG AVENUE AS PER CITY ORDINANCE #1070, RECORDED IN
DEED BOOK 465 AT PAGE 275, ALL IN IT IE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE
N87°08' I 1 "W 83.92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO AN EXISTING
%2" IRON REBAR; THENCE N02°52'55"E 60.45 FEET; THENCE N87°06'39"W 77.68 FEET, THENCE
N28`00'3 I "W 37.15 FEET, THENCE N70°40'52"W 13.42 FEET; THENCE N87` 13'02"W 60.65 FEET;
THENCE S85034'50"W 25.43 FEET; IT IENCE $68*44'55"W 49.99 FEET; THENCE S27°56'29"W 55.25
FEET, THENCE S35° 16'03"W 29.94 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
THE ARKANSAS & MISSOURI RAILROAD; THENCE ALONG SAID RAILROAD RIGHT-OF-WAY
THE FOLLOWING BEARINGS AND DISTANCES:
S28°41'28"W 53.40 FEET; S28°41'28"W 64.27 FEET;
S27°40'29"W 74.92 FEET; S25°37'22"W 82.43 FEET;
S22°49'06"W 78.66 FEET; S19`28'33"W 19.29 FEET;
THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE S87°45'3l"E 151.62 FEET TO AN
EXISTING IRON; THENCE N02°26'02"E 14.96 FEET; THENCE S87°19'52"E 21 AO FEET; THENCE
N02°40'08"E 20.00 FEET TO THE TRUE POINT O14 BEGINNING, SAID POINT BEING TEN (10) FEET
EAST OF AND PERPENDICULAR TO AN EXISTING SEWER LINE-, THENCE N87°19'53"W 20.00
FEET TO A POINT TEN (10) FEET WEST OF AND PERPENDICULAR TO SAID EXISTING SEWER
LINE; IT[ENCE N04°20'04'T4 PARALLEL WITH SAID SEWER LINE 11.69 FEET; THENCE
NI5°04'46"E PARALLEL WITH SAID SEWER LINE 324.94 FEET; THENCE S79°23' 12"E 20.06 FEET
TO A POINT TEN (10) FEET EAST OF AND PERPENDICULAR TO SAID EXISTING SEWER LINE;
THENCE S15°04'46"W PARALLEL WITH SAID SEWER LINE 324.62 1nlE-, TIENCE S04°20'04 "W
9.23 FEET TO THE POINT OF BEGINNING, CONTAINING 0.15 ACRES, MORE OR LESS.
• ' LSD 05-1376
Page r
TyCARKANSAS
THE CITY OF FAY 1 -IT I-1VILLE, ARKANSAS
125 W. Mountain St.
Fayeueville, AR 72701
PLANNING DIVISION CORRESPONDENCE Tcicphone:(479) 575-8267
TO: Subdivision Committee Members
FROM: Jeremy Pate, Interim Planning Director
Brent O'Neal, Staff Engineer
DATE: February 03, 2005
SC Meeting of February 03, 2005
LSD 05-1376: Large Scale Development (MEADOW PLACE CONDOMINIUMS, 484):
Submitted by MANDY BUNCH for property located at 580 W MEADOW STREET. The
property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 2.40 acres. The
request is to approve the development of 30 condominium units with 60 bedrooms and 60
parking spaces proposed.
Property Owner: BRIAN REINDL Planner: Jeremy Pate
Findings:
Property: The subject property is located west of the Nadine Baum Center, south of the Walton
Arts Center municipal parking lot. An existing 60,000 SF warehouse building has gone, and is
still undergoing, extensive renovation to create a combination of live/work. spaces in the
downtown area. Several business have located on the property in the past couple of years, and
the area is seeing a pick-up in pedestrian traffic. Currently the remainder of the site is in various
states of disrepair, consisting of a one-story metal warehouse building, gravel parking areas,
loading docks, etc.
Proposal: The applicant proposes to construct a three-story, 30 -unit condominium development
in two new buildings on the property, which is zoned C-3, Central Commercial. The structures
would house a total of 60 bedrooms, with 60 parking spaces proposed on the immediate site.
Additionally, the parking lot north of the existing commercial building is being refurbished as
part of a land swap agreement with the City Council, and will consist of increased greenspace
and landscaping, as well as a more organized parking layout.
Surrounding Land Use / Zoning:
Direction
Land Use
Zoning
North
Municipal Parking Lot
C-3, Central Commercial
South
Rivendell PZD site, offices,
warehouses
C-PZD, I - l, R -O
East
Nadine Baum Center
R -O
West
Frisco Railroad
I-1
Right-of-way being dedicated: All right-of-way necessary has been dedicated with previous lot
K. 1Reporis12005W Repor(s102-03-051LSD 04-1376 (Meadow Place).doc
LSD 05-1376
Page 1
splits.
Street Improvements: 6' sidewalks will be required along the Meadow Street frontage, to
connect to the future trail.
Water/Sewer: Several sewer lines and associated easements lie underneath existing buildings
which will be removed. Realignment of the sewer lines has received initial approval by the
Water and Wastewater Superintendent, and formal easement vacation requests have been
distributed.
Parks: On November 16, 2004, the City Council passed Resolution No. 182-04 approving an
agreement with Reindl Properties exchanging property to construct the Center -Prairie (Frisco)
Trail. The agreement includes the removal of all power poles and overhead electrical lines
within the trail corridor at the expense of Reindl Properties. The agreement also requires Reindl
Properties to install parking, crosswalks, 4,423 sq ft. of landscaped area and drive lanes to city of
Fayetteville standards, all of which are indicated as components of this project.
Adjacent Master Street Plan Streets: Meadow Street, Local
Tree Preservation: Waived, there are no existing trees on -site.
Recommendation: Staff recommends approval of LSD 05-1376 at the Subdivision
Committee level, with the following conditions:
Conditions to Address/Discuss:
0 Formal easement vacation requests shall be submitted, reviewed and approved by
City Council prior to building permit for the affected easements, as outlined in the
attached exhibits. Staff recommends these sewer line relocations and easement
vacations, as the Water/Wastewater Superintendent has submitted a concurrence
letter.
2. The developer shall contribute $11,790 for money -in -lieu of parkland, prior to
issuance of a building permit.
3. Required bicycle racks shall be placed within 50' of the entrance, and comply with all
requirements as specified in Chapter 172.10.
4. Trash enclosures shall be screened on a minimum of three (3) sides with materials
that are complimentary to and compatible with the proposed building. Access to the
enclosure shall not be visible from the street, pursuant to city ordinance.
Standard Conditions of approval:
5. Parking lot lighting shall be shielded and directed away from adjoining properties and
utilize high pressure sodium lighting or energy equivalent.
K. WeportA20051SC Reports102-03-051LSD 04-1376 (Meadow Plare).do
• LSD 05-1376
Page 3
6. All mechanical/utility equipment shall be screened using materials that are
compatible with and incorporated into the structure.
7. Plat Review and Subdivision comments (to include written staff comments provided
to the applicant or his representative, and all comments from utility representatives -
AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
8. Staff approval of final detailed plans, specifications and calculations (where
applicable) for grading, drainage, water, sewer, fire protection, streets (public and
private), sidewalks, parking lot(s) and tree preservation. The information submitted
for the plat review process was reviewed for general concept only. All public
improvements are subject to additional review and approval. All improvements shall
comply with City's current requirements.
9. Large scale development shall be valid for one calendar year.
10. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. Separate easement plat for this project.
C. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety
with the City (letter of credit, bond, escrow) as required by §158.01
"Guarantees in Lieu of Installed Improvements" to guarantee all
incomplete improvements. Further, all improvements necessary to serve
the site and protect public safety must be completed, not just guaranteed,
prior to the issuance of a Certificate of Occupancy
11. Additional conditions:
Subdivision Committee Action: Approval O Forwarded to P.C.
Meeting Date: February 03, 2005 ?,,)-o
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature
Date
K. Weports120051SC Reportsl02-03-051LSD 04-1376 (Meadow Place).doc
r
Jeremy PateY
Submitted By
• City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
17 -May -05
City Council Meeting Date
Planning
Division
Action
property
•
Operations
Department
at 580 W MEADOW. The property is
C-3, CENTRAL COMMERCIAL and contains approximately 2.40 acres. The request is to vacate two sewer easements
subject property.
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
Category/Project Budget
n/a
Funds Used to Date
n/a
$
Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Dep ment lbirector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's Office
�'- 24A:::, ,
Finance and Internal Service Director Date
Ao
Received in Mayor's Office
Oca4 4ate
Mavor /
From: Clarice Pearman
To: Pate, Jeremy
Subject: Ord. Nos. 4701, 4702, 4703, 4704, 4705 and 4706
Jeremy,
Attached are copies of the above ordinance passed by the City Council, May 17, 2005.
CC: Goddard, John; Jorgensen, Todd; Randall, Clyde
"Horrduvest Arrkaos"I most Widely Read Neayspapev"
AFFIDAVIT OF PUBLICATION
I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and. reference to the files of said publication, that advertisement of:
was inserted in the regular editions on
PO#
"Publication Charge: $ co LPL -a L
11)
Subscribed and sworn to before me this
day of , 2005.
Notary Public Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas
— my -e mmission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JUN 0 6 2(105
CITY OF FAYEITEVILLE
CRY CLERK'S OFFICE
P.O. BOX 1607 9 212 N. EAST AVENUE 9 FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470
0 0
or #
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
A:\Reports\2005\PC Reports\04-25-05\VAC 05-1456 (Rcindl).doc