HomeMy WebLinkAboutOrdinance 4970 Doc ID : 010799520003 Tvoe : REL
Recorded : 01/31/2007 et 13 : 0354 AM
Fee Amt : 814 . 00 Paoe 1 of 3
Mashinoton Countv . AR
Bette Stamos Circuit Clerk
File200740003741
ORDINANCE NO{ 4970
AN ORDINANCE APPROVING VAC 06-2362 SUBMITTED
BY H2 ENGINEERING FOR PROPERTY LOCATED AT LOT 2
OF THE SPRINGWOODS C-PZD TO VACATE SEWER AND
ELECTRIC EASEMENTS, A TOTAL OF 0.48 ACRES, IN
ORDER TO DEVELOP THE ARBORS AT SPRINGWOODS
LARGE SCALE DEVELOPMENT
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 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 Council of 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 this vacation approval is subject to the conditions of approval as follows,
and shall not be in effect until all conditions are met herein.
1 . This vacation is subject to the memorandum dated November 6, 2006 from David
Jurgens, City Water/Wastewater Director outlining the proper way to abandon the
existing wastewater infrastructure (memorandum is attached to the staff report).
2. The City of Fayetteville shall request disconnection of power to the lift station, and any
cost to retire the transformer and underground power cable are paid by the developer.
3 . Any relocation of existing utilities shall be at the owner/developer's expense.
Page 2
Ord. 4970
PASSED and APPROVED this 2nd day of January, 2007. �,�```�F� TREgs'''•,,
APPROVED: ATTEST: =ci
e ; FAYETTEVILLE •
� ^
By: . By: / �( �tJ / ►lticv� "s•• •
DA OODY, Mayor SONDRA SMITH, City Clerk/Treasurer 4Ni'Y(3'o1�;Co``,.�
EXHIBIT "A"
VAC 06-2362
SEWER EASEMENT
A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW 1 /4
OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL
MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW
CORNER OF THE NW 1/4 OF THE NW 1/4 OF ' SECTION 33 ; THENCE S02°28'26"W
1816. 10 FEET; THENCE S02°30'44"W 1833 .78 FEET; THENCE S89°06' 39"E 807. 11 FEET
TO THE TRUE POINT OF BEGINNING; THENCE S08°27' 34"W 181 .68 FEET; THENCE
S02049'07"W 228.64 FEET; THENCE N87° 10' 53"W 20.00 FEET; THENCE NO2°49'07"E
229.62 FEET; THENCE N08°27' 34"E 160.91 FEET; THENCE N51 °02'23"E 29.56 FEET; TO
THE POINT OF BEGINNING; CONTAINING 0. 18 ACRES MORE OR LESS AND BEING
SUBJECT TO THE RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD
AND ANY EASEMENTS OF RECORD.
OZARK ELECTRIC EASEMENT
A 20-FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW 1 /4 OF
SECTION 33, TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL
MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW
CORNER OF SAID SECTION 33 AND RUNNING THENCE S02028' 26"W 1816. 10 FEET;
THENCE S02030'44"W 1833 .78 FEET; THENCE S89°06' 38"E 807. 12 FEET TO THE TRUE
POINT OF BEGINNING; AND RUNNING THENCE S85°00'00"E 20.01 FEET; THENCE
S07004159"W A DISTANCE OF 407.49 FEET; THENCE S02°38'42"W 244.70 FEET;
THENCE N87022' 50"W 20.00 FEET; THENCE NO2°38'42"E 244.58 FEET; THENCE
N07004'24"E 408.44 FEET; TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES
MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF MOORE LANE
AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD.
Washington County, AR
I certify this instrument was filed on
01 /31/2007 11 :03:54 AM
and recorded in Real Estate
File Number 2007-00003741
Bette Stamps - Circuit CI rk
i
by j
a �Y
City of Fayetteville
Staff Review Form qq 70
City Council Agenda Items
or M
Contracts �YIrI�WDpG� `+ �t"z
2-Jan-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required :
VAC 06-2362: (Springwoods, Lot 2, 286): Submitted by H2 Engineering, tnc.for property located at Lot 2 of the Springwoods
C-PZD, The Arbors at Springwoods. The property is zoned C-PZD, Commercial Planned Zoning District and contains 25.24
acres. The request is to vacate sewer and electric easements.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached 0
Previous Ordinance or Resolution # n/a
S.o
Department D Date Original Contract Date: n/a
Original Contract Number: n/a
12 - IS- di,
City A ney
Received in tyAeg� pffce
41
Finance and Internal Service Director Date
/ Received in Ma ice
Mayor Date
Comments:
City Council Meeting of January 2, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations `4
From: Jeremy C. Pate, Director of Current Planning
Date: December 12, 2006
Subject: Easement Vacation for Springwoods Lot 2 (VAC 06-2362)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating sewer and electric
easements located in Lot 2 of the Springwoods Planned Zoning District subdivision.
BACKGROUND
On April 24, 2006, the Planning Commission approved the Large Scale Development for
the Arbors at Springwoods (LSD 06- 1974). The LSD contained 122 multi-family
dwelling units. This development is located in west Fayetteville, north of Moore . Lane
and east of Deane Solomon Road. The site contains 25.24 acres and is identified as Lot 2
of the Springwoods Planned Zoning District subdivision.
The subject property is an existing sewer easement (0. 18 acres) and electric easement
(0.30 acres) that were platted/installed prior to this development approval. : An existing
lift station and some of the sanitary sewer laterals that were installed with 'previous
development will be removed or replaced as part of the Arbors at Springwoods
development. In addition, the electric easement that supplies electricity to the lift station
is no longer needed. The applicant' s request is to vacate the sewer and electric easements
in order to develop the Arbors at Springwoods.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners; there were no objections to this request. The Planning Commission voted 8-0-0
on its consent agenda to forward this item to the City Council with a recommendation for
approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2362 SUBMITTED
BY H2 ENGINEERING FOR PROPERTY LOCATED AT LOT 2 OF THE
SPRINGWOODS C-PZD TO VACATE SEWER AND ELECTRIC EASEMENTS,
A TOTAL OF 0.48 ACRES, IN ORDER TO DEVELOP THE ARBORS AT
SPRINGWOODS LARGE SCALE DEVELOPMENT.
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 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 Council of 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 this vacation approval is subject to the conditions of approval as follows; and .
shall not be in effect until all conditions are met herein.
1 . This vacation is subject to the memorandum dated November 6, 2006 from David Jurgens,
City Water/Wastewater Director outlining the proper way to abandon the existing
wastewater infrastructure (memorandum is attached to the staff report).
2. The City of Fayetteville shall request disconnection of power to the lift station, and any cost
to retire the transformer and underground power cable are paid by the developer.
3. Any relocation of existing utilities shall be at the owner/developer's expense.
PASSED and APPROVED this—day of. 2007.
APPROVED:
By.
DAN COODY, Mayor
ATTEST:
By.
SONDRA SMITH, City Clerk
EXHIBIT "A".
VAC 06-2362
SEWER EASEMENT
A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW '/4 OF
SECTION 33, TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL
MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF THE NW 1/4
OF THE NW '/4 OF SECTION 33; THENCE S02°28'26"W 1816. 10 FEET; THENCE
S02030'44"W 1833. 78 FEET; THENCE S89°06'39"E 807. 11 FEET TO THE TRUE POINT OF
BEGINNING; THENCE S08027'34"W 181 .68 FEET; THENCE S02°49'07"W 228.64 FEET;
THENCE N87° 10'53"W 20.00 FEET; THENCE NO2°49'07"E 229.62 FEET; THENCE
N08027'34"E 160.91 FEET; THENCE N51 °02'23"E 29.56 FEET; TO THE POINT OF
BEGINNING; CONTAINING 0. 18 ACRES MORE OR LESS AND BEING SUBJECT TO THE
RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS
OF RECORD.
OZARK ELECTRIC EASEMENT
A 20-FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW '/4 OF SECTION
33, TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL MERIDIAN IN
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF SAID SECTION 33 AND
RUNNING THENCE S02°28'26"W 1816. 10 FEET; THENCE S02°30'44"W 1833.78 FEET;
THENCE S89006'38"E 807. 12 FEET TO THE TRUE POINT OF BEGINNING ; AND RUNNING
THENCE S85000'00"E 20.01 FEET; THENCE S07°04'59"W A DISTANCE OF 407.49 FEET;
THENCE S02038'42"W 244. 70 FEET; THENCE N87°22'50"W 20.00 FEET; THENCE
NO2038'42"E 244.58 FEET; THENCE N07°04'24"E 408.44 FEET; TO THE POINT OF
BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND BEING SUBJECT TO THE
RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS
OF RECORD.
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EXHIBIT "B"
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6 IISPRINGWOOD LOT 2 �g
4 EASEMENT VACATION t„
TayeVIPC Meeting of December 11 , 2006
S
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: De^en� 06 Updated December 14, 2006
VAC 06-2362: (SPRINGWOODS, LOT 2, 286): Submitted by H2 ENGINEERING,
INC. for property located at LOT 2 OF THE SPRINGWOODS C-PZD, THE ARBORS
AT SPRINGWOODS. The property is zoned C-PZD, Commercial Planned Zoning
District, and contains approximately 25 .24 acres. The request is to vacate sewer and
electric easements (a total of 0.48 acres) that have been moved and replaced for the
approved Large Scale Development, The Arbors at Springwoods within Lot 2 of the
Springwoods, PZD.
Property Owner: SPRINGWOODS LEISURE LIVING, LLC
Planner: ANDREW GARNER
Findings:
Background.• On April 24, 2006, the Planning Commission approved the Large Scale
Development for the Arbors at Springwoods (LSD 06- 1974). The LSD contained 122
multi-family dwelling units. This development is located in west Fayetteville, north of
Moore Lane and east of Deane Solomon Road. The site contains 25.24 acres and is
identified as Lot 2 of the Springwoods Planned Zoning District subdivision. The
property is zoned C-PZD 03-08.00, part of the Planned Zoning District for Springwoods
development. Surrounding zoning and land use is presented in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Land Use Zoning
Site
North Undeveloped Springwoods C-PZD 03-08.00, Commercial Planned
Subdivision Zoning District
South Rural Residential; Westark R-A, Residential-Agricultural, C-21
Agricultural Operations Thoroughfare Commercial
East Undeveloped Springwoods C- PZD 03-08.00, Commercial Planned
Subdivision Zoning District
West Undeveloped RSF-4, Residential Single Family - 4
units/acre
KARepons\2006TC Reports\12-1 "6\VAC06-2362 (Springwoods Lot 2).doc
Property: . The subject property is an existing sewer easement (0: 18 acres) and electric
easement (0.30 acres) that were platted/installed prior to this development approval. An
existing lift station and some of the sanitary sewer laterals that were installed with
previous development will be removed or replaced as part of the Arbors at Springwoods
development. In addition, the electric easement that supplies electricity to the lift station
is no longer needed.
Request: The applicant's request is to vacate the sewer and electric easements in order to
develop the Arbors at Springwoods. The applicant has submitted the required
notification forms to the utility companies and to the City with the result summarized
below.
UTILITIES RESPONSE
Ozarks Electric No objections provided that the City
of Fayetteville request disconnection
of power to the lift station, and that
any cost to retire transformer and
underground power cable are paid by
the developer.
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 provided
abandonment/vacation follows the
requirements as detailed by the
Water/Wastewater Director.
Transportation No Objections.
Solid Waste No Objections. .
Engineering No Objections.
Public Comment: Staff has not received any opposition to this vacation.
Recommendation: Staff recommends approval of the proposed sewer , and electric
K\Reports\2006TC Reports\I2-1 L-06\VAC 06-2362 (Springwoods Lot 2).doc
easement vacations VAC 06-2362 with the following conditions:
Conditions of Approval:
1 . This vacation is subject to the memorandum dated November 6, 2006 from David
Jurgens, City Water/Wastewater Director outlining the proper way to abandon the
existing wastewater infrastructure (memorandum is attached to this report).
2. The City of Fayetteville shall request disconnection of power to the lift station,
and any cost to retire the transformer and underground power cable are paid by
the developer.
3 . Any relocation of existing utilities shall be at the owner/developer's expense.
4 . Tlypegr-aph,ieal effefs in the legal rti@R Shall be eeffeefed and tile legal
Cauneil. The efFer-s are al4aehed to this
Y o
and noted as f�llew&.L
• sewer easefnent call N89 06 39E 807. 14 should be sem
• ..leetrie easement II cm 28 263y 816 + sheald be
THIS ITEM WAS ADDRESSED IN THE REVISIONS PROVIDED PRIOR TO CITY ' '
COUNCIL.
PLANNING COMMISSION ACTION: yes Required 4
Recommendation to be: X Approved Denied
Motion: Clark
Second: Ostner
Vote: 8-0-0
Date: December 11, 2006
Comments: Approved on consent agenda.
The "CONDITIONS OF APPROVAL".., as stated in this report, are accepted in ,total s
without exception by the entity requesting approval of this development item.
By
Title
Date
K:aeports\2006\PC Reports\12-11 -06\VAC 06-2362 (Springwoods Lot 2).doc
H2�
ENOINEERINO. INC.
October 25, 2006
City of Fayetteville
Planning Department
113 W. Mountain Sireet
Fayetteville, AR 72701
RE: THE ARBORS AT SPRINGWOODS EASEMENT VACATION
Staff,
On behalf of our client, Mr. Don Marley, we are requesting vacation of some existing utility
easements on lot number 2 of the Springwoods development. An existing sewer lift station and
some.of the sanitary sewer laterals which were installed as part of the Springwoods Development
are being removed or replaced as part of the recently approved Arbors at Springwoods large
scale development. Specifically the easement which runs north and south supplying electricity to
the lift station is no longer needed. We are requesting that this easement be permanently
vacated. The two western most north south sewer laterals are still needed but will be slightly
realigned. The easements for theses sewer laterals will be rededicated with the, soon to be
submitted, easement plat. We appreciate your consideration in this matter.
Sincerely,
Thomas A. Hennelly, P. E.
President
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254