HomeMy WebLinkAboutOrdinance 4861 r
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• ' ° f Doc ID : 009947510003 Tvoe : REL
I Recorded : 05/ 10/2006 at 11 : 44 : 37 AM '
Fee Amt : $14 . 00 Pace 1 of 3
Mashlnoton Countv . AR
r Bette Stamps Circuit Clerk
t r + rt f File
2006 000188791
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ORDINANCE NO, 4861
AN ORDINANCE APPROVING VAC 06- 1989 SUBMITTEDBY
ALLEN JAY YOUNG FOR PROPERTY LOCATED AT LOT 3RA,
WEDINGTON PLACE ADDITION, PHASE 3 ; VACATING THE
ACCESS EASEMENT OFF OF STEAMBOAT DRIVE.
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 the
platted access easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVH.LE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described access 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 recommendations for the City of Fayetteville, and shall not be
in effect until all conditions are met therein. AAAA'Al, TRS"t,,,�
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PASSED and APPROVED this I8`s day of April, 2006. E�
c OFAYETTEVILLE • 3
APPROVED: ATTEST: z�z•• q
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By: 13
DA OOD , Mayor SO DRA SMITH, City Clerk
Washington County, AR
I certify this instrument was filed on
05/10/2006 11 :44:37 AM
and recorded in Real Estate
File Number 2006-00018879
t Bette Stamps - Circuit le
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EXHIBIT-"A". y
VAC 06-1989
A COMMON ACCESS EASEMENT LOCATED IN THE SOUTH 50 FEET OF THE
EAST 144 FEET OF LOT 3RA, WEDINGTON PLACE ADDITION, PHASE II, TO
THE CITY OF FAYETTEVILLE, AS RECORDED AT PLAT BOOK 17, PAGE 77 IN
THE OFFICE OF THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS.
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City of Fayetteville y9 /
Staff Review Form Am o(o -Igo
City Council Agenda Items
or
Contracts
18-Apr-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 06-1986: (Wedington Place Addition, 401 ): Submitted by Allen Jay Young for property located at lot 3RA, Wedington
Place Addition Phase 3. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate the access easement
off of Steamboat Drive.
N/A N/A N/A
Cost of this request Category/Project Budget Program Category / Project Name
NIA NIA N/A
Account Number Funds Used to Date Program / Project Category Name
N/A N/A N/A
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
/ Previous Ordinance or Resolution # n/a
y b
Departmen Direc Pr Date Original Contract Date: n/a
Original Contract Number: n/a
3 - 3t) - 0(
City Attorney
Received in City Cleft is Office
Financ6 and Internal Service Director Date
Received in Mayor's Office
7
Mayor Date
Comments:
City Council Meeting of April 18, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From : Jeremy C. Pate, Director of Current Planning
Date: March 29, 2006
Subject: Easement Vacation for Wedington Place Addition (VAC 06- 1989)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a 50' access easement
located at Lot 3RA, Wedington Place Addition, as depicted herein.
BACKGROUND
Background: The 50' access easement was recorded with the Final Plat for Wedington
Place Addition in 1996. The purpose of the access easement was to provide access to Lot
2 and Lot 3 of Wedington Place Addition with only one curb-cut. However, in 1999 a
large scale development was submitted for the Bank of Fayetteville on Lot 2. At that
time the applicants requested a separate curb-cut south of the 50' access easement. The
Planning Commission approved the requested large scale development and the separate
curb-cut for the bank.
There is an existing 22 .5 ' utility easement along the south side of the access easement
and a 25 ' utility easement along the east side of the access easement that are not to be
vacated with this request.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners. Objections were received by tenants of the Wedington Place Senior Apartments.
However, upon review of the request, the tenants have rescinded their objections to the
vacation. All letters are within the staff report. This item was heard at the regular
Planning Commission on March 27, 2006. The Planning Commission voted 8-0-0 to
recommend this vacation request to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06- 1989 SUBMITTED
BY ALLEN JAY YOUNG FOR PROPERTY LOCATED AT LOT 3RA,
WEDINGTON PLACE ADDITION, PHASE 3 ; VACATING THE ACCESS
EASEMENT OFF OF STEAMBOAT DRIVE.
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 the
platted access 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 and
abandons the following described access 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 recommendations for the City of Fayetteville, and shall not be
in effect until all conditions are met therein.
PASSED and APPROVED this day of , 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-1989
A COMMON ACCESS EASEMENT LOCATED IN THE SOUTH 50 FEET OF THE
EAST 144 FEET OF LOT 3RA, WEDINGTON PLACE ADDITION, PHASE II, TO
THE CITY OF FAYETTEVILLE, AS RECORDED AT PLAT BOOK 177
PAGE 77 IN THE OFFICE OF THE CIRCUIT CLERK, WASHINGTON COUNTY,
ARKANSAS.
aye e 0 le PC Meeting of March 27 , 2006
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 : Jesse Fulcher, Planner
Matt Casey, Assistant City Engineer
THRU : Jeremy Pate., Director of Current Planning
DATE: March 20, 2006
VAC 06-1989: Vacation (Wedington Place Addition, pp 401) was submitted by Allen
Jay Young for property located at lot 3RA, Wedington Place Addition, Ph 3 . The
property is zoned C-2. The request is to vacate the access casement off of Steamboat
Drive.
Findings :
Background: The 50' access casement was recorded with the Final Plat for Wedington
Place Addition in 1996. The purpose of the access easement was to provide access to Lot
2 and Lot 3 of Wedington Place Addition with only one curb-cut. However, in 1999 a
large scale development was submitted for the Bank of Fayetteville on Lot 2. At that
time the applicants requested a separate curb-cut south of the 50' access easement. The
Planning Commission approved the requested large scale development and the separate
curb-cut for the bank.
There is an existing 22.5' utility casement along the south side of the access easement
and a 25 ' utility easement along the east side of the access easement that are not to be
vacated with this request.
Request: The request is to vacate the access easement, which will allow flexibility in
designing and developing Lot 3RA.
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 N/A
Cox Communications N/A
AEP/SWEPCO N/A
SW Bell N/A
Arkansas Western Gas N/A
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer N/A
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. However, tenants from Wedington Place Senior Apartments have submitted a
letter and petition signed by a majority of the occupants requesting that the petition to
vacate the access easement be denied.
The occupants of Wedington Place Senior Apartments and the general public often use
Lot 3RA to easily access Harp's Grocery. Rather than exiting onto Wedington Dr. and
traveling west to Colorado Dr., motorists enter Lot 3RA from Steamboat Dr. and traverse
through the undeveloped property, then across a second undeveloped tract (Lot 3RB), to
a paved drive that is stubbed out from the Harp' s development. The "shortcut" that has
been created, as is apparent by the tire tracks, is not actually located in an access
easement. The route begins within the subject access easement, but quickly turns north
and continues across private property until reaching the driveway into Harp' s.
Upon development of tracts 3RA and 3RB, planning staff will determine the appropriate
locations for curb-cuts and cross access, so that legal access will be provided from
Steamboat Dr.
Recommendation: Staff recommends approval of the proposed access easement
vacation 06-1989 with the following condition:
1 . Cross access shall be provided through Lot 3RA to the west from Steamboat
Drive at the time of development. The applicant agreed to provide paved access, so that
the general public will have access to the west from Steamboat Dr.
PLANNING COMMISSION ACTION : yes Required
yes Forwarded Denied
Date: March 27, 2006
Vote:8-0-0
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.
sy
Title
Date
CITY COUNCIL ACTION : yes Required
Approved Denied
Date:
FROM : FAX N0. : 14792543799 ceb. 13 2006 02 : 57PM P3
Febcvary l3, 2006
Fayetteville Planning Commission
113 West Mountain Street
Fayetteville, AR 72701
RE: Easement Vacation
To whom it may concern:
Allen "Jay" Young with Development Consultants, Inc. is hereby given authority to
represent westwind Holdings, LLC regarding Common Access Easement vacation in the
south 50' of the east 144' of Lot 3RA, Wedington Place Addition, Phase .IIT, City of
Fayetteville, AR (Plat 17,wI) Assessor's Parcel number 765-21701-000.
a 1 ,
gan
Written request and narrative to accompany petition packet
to vacate a Common Access Easement located in Lot 3RA,
Wedington Place Addition, Phase II, City of Fayetteville, Arkansas.
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
On behalf of Charles Morgan III, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City
Council to vacate a Common Access Easement located wholly within Lot 3RA, Wedinglon Place Addition, Phase II,
City of Fayetteville, Arkansas. The easement is located in the South 50 feet of the East 144 feet of said Lot. The
easement is physically located approximately 200 feet North of Wedington Drive, on the West side of Steamboat
Drive. It lies adjacent to, and North of the North line of Lot 2, Wedington Place Addition.
Besides the petitioner, Charles Morgan III, the only other abutting lot to the easement is the said Lot 2, owned by Bank
of Fayetteville. East across Steamboat Drive is Lot 1R, Wedington Place Addition, Phase Ii, owned by Nelson &
Betty Properties, LLLP. Both have been notified of the petition to vacate by certified mail.
Lot 3RA is subject to certain conditions of record as defined in Covenants and Restrictions; Declaration of
Restrictions and Grant of Easement (DRGE); and Amendments to the DRGE, as filed in the office of the Circuit Clerk
of Washington County as instrument #96062365, #990818607 #2004-015808, and #2004-031207. Among those
conditions are Common Area Use and Ingress, Egress and Parking requirements. In summary, these provisions define
common areas as all areas not in a building or structure and provide for mutual use of all common areas by all other
owners/tenants of the development and their clients and costumers. The DRGE also restricts construction on all lots
by not allowing structures/improvements to be placed on platted easements.
With the mutual use of all common areas for Ingress, Egress and Parking, having a defined Common Access Easement
is redundant. However, the defined Common Access Easement would restrict the owner from being able to place any
structures/improvements in this area
By vacating the platted Common Access Easement the owner of the lot would benefit, and none of the other
owners/tenants in the development would be adversely affected.
Within Lot 3 RA are existing Utilities Easements, some of which ran through the Common Access Easement to be
vacated. These Utilities Easements would remain unchanged and only the Common Access Easement is to be vacated.
The interest of the public utilities and other utilities would not be adversely affected by vacating the easement.
The Common Access Easement is not a part of any dedicated public right of way and has not been used by the public.
The public interest and welfare would not be adversely affected by vacating the easement
Included in the Petition Packet is:
1 Application and Payment of applicable fees for processing the application $200.00.
2 Legal description and exhibit map of area to be vacated
3 This written description.
4 Abstractor's Certificate of Ownership stating the names and addresses of property adjacent to the
easement to be vacated.
5 Two sets of typed mailing labels listing the names and addresses of all adjacent property owners —
including across streets.
6 A copy of the plat on record in the county assessor's office with the owner's name and parcel
number of each adjacent property shown on a scaled up version of the map (included with the
Abstractor's Certificate of Ownership paperwork).
7 Petition to vacate the Common Access Easement
8 Copies of the written notification of all owners of property adjacent to the easement to be vacated
including copies of the certified mail receipts.
9 Comments from utilities companies were not required for this filing, as advised by Andrew Gamer
at a pre-planning meeting on Feb. 87 2006.
10 Comments from Fayetteville City Utilities, Street, and Sanitation Superintendents were not required
for this filing, as advised by Andrew Gamer at a pre-planning meeting on Feb. 8, 2006.
11 Letter from the owner of Lot 3RA, Charles Morgan III, indicating that Allen Jay Young with
Development Consultants, Inc is authorized to act on his behalf regarding the Common Access
Easement vacation.
4� ;�
Allen Jay Youlig , Development Consultants, Inc.