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Home My WebLink AboutOrdinance 4740 i ORDINANCE NO. 4740 AN ORDINANCE APPROVING VAC 05- 1522 SUBMITTED BY PATRICK 14ARGUS FOR PROPERTY LOCATED AT HWY 112 AND TRUCKERS DRIVE (THE SPRINGWOODS PLANNED ZONING DISTRICT) VACATING A UTILITY EASEMENT 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 portion of 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 this Vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendation. PASSED and APPROVED 2nd day of August, 2005. APPROVED: ��• G�� . 3 ; FAYETTEVILLE : = By: �:. :� DAN COODY, Mayor ��9sy�KANSP�J� To ATTEST - By \, Xh �C�/La /� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SONDRA SMITH, City Clerk Doc ID : 009064590003 Tvoe : REL Recorded : 09/06/2005 at 09 : 58 : 04 AM Fee Amt : $14 . 00 Pace 1 of 3 Mashlncton county . AR Bette stamos circuit Clerk F11e2005-00039239 i EXHIBIT "A" VAC 05-1522 SURVEY DESCRIPTION 50' PERMANENT MULTI-USE EASEMENT LOCATED IN A PART OF THE N ''/z OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW '/4 OF THE NW '/4 SECTION 33 ; THENCE SOUTH 02 DEGREES 28 MINUTES 26 SECONDS WEST, 508.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS EAST, 2885.00 FEET; THENCE SOUTH 02 DEGREES 27 MINUTES 35 SECONDS WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 3.311 ACRES MORE OR LESS AND BEING SUBJECT OT ANY RIGHTS-OF-WAY AND EASEMENTS OF RECORD. SURVEY DESCRIPTION 100' TEMPORARY CONSTRUCTION EASEMENT LOCATED IN A PART OF THE N 1 /2 OF SECTION 33, TOWNSHIP 17 NORTH , RANGE 30 WEST IN FAYETTEVILLE, WASHINTON COUNTRY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF THE NW '/4 OF THE NW '/4 OF SECTION 33 ; THENCE SOUTH 02 DEGREES 28 MINUTES 26 SECONDS WEST, 558.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS EAST, 2885.00 FEET; THENCE SOUTH 02 DEGREES 27 MINUTES 35 SECONDS WEST, 100.00 FEET; THENCE NORTH 87 DEGREES 54 MINUTES 20 SECONDS WEST, 2885.00 FEET; THENCE NORTH 02 DEGREES 28 MINUTES 26 SECONDS EAST, 100.00 TO THE TRUE POINT OF BEGINNING CONTAINING 6.623 ACRES MORE OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY AND EASEMENTS OF RECORD. URS sKxrs_a Fir= 50' MULTI—USE/WATER/S ER EASEMENT TO BE VACATE ___________________ _ ttt mm ; x s sI.M.42. IF rxm' Orly 7 i 376y. 9 C s ismss' r f m il+ zlrnsv- E a' r.— Ih3 + mrr 1 1 } s nrlsm' E '1 1 it �nl� rmw• 14 vrna' . pit"' tATtl' . id !l ZS Ile Y rzs- .N 22 Or M21 —H If + �. 1-32— C31_ S••• �.�.� �•<••.- _11V�w•(.�:�_�_-- � � —•'JSL YfE¢ If1 sf11u R1M _=s•�=:===._- - .... ISS yn{� � C� - LML <_1_m _ swlnra R.UfSdV SURV{VUIC. INC. Washington County, AR I certify this instrument was filed on 09/08/2005 09:58:04 AM and recorded in Real Estate File Number 2005-00039239 Bette Stamps - Circuit Cljr by p 2 ,0 cY/o1�0� City Council sating of July 19, 2005 �� Agenda Item Number CITY COUNCIL AGENDA MEMO V o5 - t5a2,D ,n�wovJs � To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 30, 2005 Subject: Easement Vacation for springwoods (VAC 05- 1522) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a utility easement crossing the subject property, as described and depicted herein. BACKGROUND The subject property is located southwest of I-540, Arkansas State Highway 112 within ' the Springwoods Commercial Planned Zoning District (C-PZD) and adjoining parcels to the east. The final plat for the Springwoods C-PZD was approved by the City in June 2004 and the future vacation of this permanent multi-use/water/sewer easement was noted on the final plat. Currently no public utilities or public uses occupy the easement. As part of an agreement between the City of Fayetteville and the applicant (see attachments to this report), the easement would stay in place until an alternative easement serving the same purpose was located, secured, and conveyed to the City. It was only a matter of timing as to when the alternative easement would be conveyed. The required conditions regarding this alternative easement have been met between the City and the applicant, and an easement has been granted along the north property line in a similar fashion. The applicant requests to vacate a 50' multi-use easement and a 100' temporary construction easement, as it is no longer necessary to facilitate the construction of future sewer lines. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners. No objections were submitted. Conditions pertinent to the subject request are included as a condition of approval. The Planning Commission voted 9-0-0 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 June 27, 2005 . BUDGETIMPACT None. Ml A .. tts[s[ta[::a:as:::[[tat[ :atssssst_..:::::::::::::::: sa: a ::::::sat:;ass::::;::[[[::sat:asssaa : : _.:.. .: :: ...; ;s va . t x ♦ i 'xr ON ff � a 4 r . dix y a •'.k. 41 '1? 1 1 11 . 11 • 11 11 • • le ( V� PC Meeting of June 27, 2005 '0171 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-3267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning Brent O'Neal, Staff Engineer DATE: June 23, 2005 VAC 05-1522 : Vacation (Springwoods, pp 247) Submitted by PATRICK HARGUS for property located at SPRINGWOODS & SW CORNER OF HWY 112 & TRUCKER'S DRIVE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 90.93 acres. The request is to vacate a permanent multi-use easement and a temporary construction easement within the subject property. Property Owner: COLLINS HAYNES Planner: JEREMY PATE Findings: Property Description and Background: The subject property is located southwest of I- 540, Arkansas State Highway 112 within the Springwoods Commercial Planned Zoning District (C-PZD) and adjoining parcels to the east. The final plat for the Springwoods C- PZD was approved by the City in June 2004 and the future vacation of this permanent multi-use/water/sewer easement was noted on the final plat. Currently no public utilities or public uses occupy the easement. As part of an agreement between the City of Fayetteville and the applicant (see attachments to this report), the easement would stay in place until an alternative easement serving the same purpose was located, secured, and conveyed to the City. It was only a matter of timing as to when the alternative easement would be conveyed. The required conditions regarding this alternative easement have been met between the City and the applicant, and an easement has been granted along the north property line in a similar fashion. Request: The applicants request to vacate a 50' multi-use easement and a 100' temporary construction easement, as it is no longer necessary to facilitate the construction of future sewer lines. KAReports\2005\PC Reports\06-27-05\VAC 05- 1522 (Springwoods).doc ! r • • The appli cant 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 Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE : RESPONSE Water/Sewer No Objections. 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: Staff finds that vacating the easement would not adversely affect the provision of utilities to the property or any other properties. Staff recommends approval of the proposed easement vacation VAC 05-1522 with the following conditions: 1 . The Concurrence for release of easement for Southwestern Bell shall be recorded at the Benton County courthouse prior to vacating the easement. KARepons\2005\PC Reports\06-27-05\VAC 05-1522 (Springwoods).doc • • • • it PLANNING COMMISSION ACTION : yes Required Approved Denied Date: June 27, 2005 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 KARepor1s\2005\PC Reports\06-27-05\VAC 05-1522 (Springwoods).doc t0 Rrm¢ySmvariQ. bm All rightemtave3 Nopatoftbisdmwagmey bcrcpm&WW by mY vitbout Prior wribrn pemuaiae from hammy Sorveymg,be C1�1 of pLmleoo Zoned A-1 Zoned A-1 000-15830-000 000-15830-000 GRAVES MELVA DEAN TRUST GRAVES, MELVA 1 MELVA DEAN GRAVESTRUST MELVA DEAN GR/ 2841 N CHARLESTON CROSSING 2841 N CHARLES FAYETIEVILLE, AR 72703 c� 24-f// . 42' FAYETTEMLLE, At S 87 12'42" Jli— WA?V? UN£ Multi-use aaserttants shall be vacated and replaced upon delivery of easements per 'Interceptor Sewer Realignment - Springwoods1765-15859-000 Subdivision letter between the City of Fayetteville and Legacy Project, Q III CUMULUS WRELESS LLC., dated Apra 6, 2004. (� to I SERMCES. INC. 1 tc) II 3535 PIEDMONT BLDG 14 SUITE 140C I II I AR-MTA, GA 30305 NZ3 C41 o� SII I III a G - - - - - - - - - - - - - - - - - - - - - - - I f -I - - - - - 50' Pennanlr! Multi-use Easement 5�8 2, S 8754'20' E 4090.66'— — — — — — — — — — — — I — — — I _ 100' Temporary Construction Easement 5 8754'20' E / (f,0 •2 — — — — — — — S — — — — — — — — — — — — a 4090.91' -M�r — — — — — — — - 7c,. - IrI 30T4 E6G 9 v &at`�ep Yal` ��a�e 9502NON I r IW Qe3F. 'c}N z j OLEO Of? 10 ° .L�aF 5. SOUTM / " / /j � ✓ IN i TMl0F FUNE ��42 � 3p g 950102 1 S if iff 190.35' Ij S 31 '34'42" W - 1 I i I 1 126, 750 S 1675'41 " W — • • 1 • • PETITION TO VACATE EASEMENT PETITION TO VACATE A 50' PERMANENT MULTI-USE EASEMENT AND A 100' TEMPORARY CONSTRUCTION EASEMENT LOCATED IN PARCELS WITHIN THE SPRINGWOODS C-PZD03-08.00 AND PARCELS LOCATED ADJACENT AND EAST OF SPRINGWOODS, 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 Parcels within the springwoods C-PZD03-08. 00 and Parcels located adjacent and East ofSpringwoodr, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement and temporary construction easement that is described as follows: Survey Description 50' Permanent Multi-Use Easement Located in a part of the N %: of Section 33, Township 17 North, Range 30 West in Fayetteville, Washington County, Arkansas, more precisely described as follows: Starting at the NW Corner of the NW '/, of the NW '/4 of Section 33; thence South 02 degrees 28 minutes 26 seconds West, 508.24 feet to the true POINT OF BEGINNING; thence South 87 degrees 54 minutes 20 seconds East, 2884.98 feet; thence South 02 degrees 27 minutes 35 seconds West, 50.00 feet; thence North 87 degrees 54 minutes 20 seconds West, 2885.00 feet; thence North 02 degrees 28 minutes 26 seconds East, 50.00 feet to the true POINT OF BEGINNING containing 3.311 acres more or less and being subject to any rights-of-way and easements of record. Survey Description 100' Temporary Construction Easement Located in a part of the N ''/: of Section 33, Township 17 North, Range 30 West in Fayetteville, Washington County, Arkansas, more precisely described as follows: Starting at the NW Corner of the NW '/. of the NW '/. of Section 33; thence South 02 degrees 28 minutes 26 seconds West, 558.24 feet to the true POINT OF BEGINNING; thence South 87 degrees 54 minutes 20 seconds East, 2885.00 feet; thence South 02 degrees 27 minutes 35 seconds West, 100.00 feet; thence North 87 degrees 54 minutes 20 seconds West, 2885.02 feet; thence North 02 degrees 28 minutes 26 seconds East, 100.00 feet to the true POINT OF BEGINNING containing 6.623 acres more or less and being subject to any rights-of way and easements of record. That the abutting real estate affected by said abandonment of the easements are Lots 4, 5, 6, and 8 of the springwoods C-PZD03-08.00, property owned by Springwoods Landholdings LLC, and parcels adjacent and East of Springwoods, owned by Legacy Project LLC, and located within the City of Fayetteville. Currently no Public Utilities or Public uses occupy said Easements 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 easements. Dated this5. day of r a v 20-0-Y—. S n oods Land oldin s LLC, IFpeiRlilins Haynes A Le i ec LC H. s Haynes An EGIS 00 EGIS ENGINEERA INC * 314 South Main (479) 271 -9252 Bentonville, AR 72712-5903 (479) 271 -8627 (fax) Web: www.egis-env.com egis@egis-env.com May 2, 2005 Written Description to Request the vacation of Existing Easements To: The Fayetteville City Planning Commission and The Fayetteville City Council A petition to request a Vacation of a Multi-UseNVater/Sewer Easement and a Temporary Construction Easement is hereby being submitted to the City of Fayetteville. Attached with this letter is a legal description and a graphic representation of the Easements requested to be Vacated. The Easements are located entirely within the Springwoods C-PZD03-08.00 and adjoining parcels to the East. The Easements lie entirely on property owned by Springwoods Landholdings, LLC and Legacy Projects, LLC . No portion of the Easements are located upon other property. Currently no Public Utilities or Public Uses occupy said Easements. As part of an agreement with the City of Fayetteville, per a letter between the City of Fayetteville and Legacy Projects, LLC dated April 6, 2004 and attached herewith , said Easements were stipulated to be included with the Springwoods C-PZD Final Plat and remain in effect until such time that an Alternate Easement, serving the same purpose, could be located , secured , and conveyed to the City of Fayetteville. Please know that an Alternate Easement, as approved by the City of Fayetteville, has been conveyed to the City in the form of Easements and recorded in the Washington County Court House on February 9, 2005, document ID # 00815071003 . Sincerely,boaQ /4J I� �J Patrick Hargus, R Director of Planning and Landscape Architecture EGIS Engineering, Inc.