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HomeMy WebLinkAboutOrdinance 4977 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllll -, Doc ID : 010886230003 Tvoe : REL Recorded : 03/01/2007 at 11 : 13 : 20 AM Fee Amt : $14 . 00 Pace 1 of 3 Washlnoton Countv . AR Bette Stamps Circuit Clerk F11e2007-00007492 ORDINANCE NO. 4977 AN ORDINANCE APPROVING VAC 06-2204 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS FOR PROPERTY LOCATED NORTH OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE TO VACATE AN ACCESS EASEMENT (0.35 ACRES) AND DRAINAGE CHANNEL ACCESS EASEMENT (0.03 ACRES) ON THE PROPERTY 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 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 a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements: See Exhibit `B'° attached hereto and made a part hereof. 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 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. New right-of-way shall be dedicated as part of the Bungalows at Cato Springs final plat consistent with the previously approved street and alley layout for this subdivision. •```'1iYR " JT �•` F o . . . ek �. PASSED and APPROVED this 6th day of February, 2007. . ;�e G�SY O c •�';i�; APPROVED: ATTEST: = U 0 FAYETTEVILLE: By: Y: p N °° d r . B u „ago . DAN COODY, Mayor SONDAA SMITH, City Clerk/Treasurer NAM 1.0••••VA�"••v� �DMMU �� "N••iiii00i!� i❖�i•❖:❖•i•�� ►�:•••i0:❖:•:�/� / " iii*:•d'�:❖•!�� ��/' i❖:❖%i❖Di� "..." EXHIBIT "B" VAC 06-2204 ACCESS EASEMENT: A STRIP OF LAND 50 FEET WIDE, LOCATED WITHIN THE COPORATE LIMITS OF THE CITY OF FAYETTEVILLE, BEING A PART OF THE SWA OF THE SWA OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS : BEGINNING AT A POINT SOUTH 87° 13 '26"EAST, 856.76 FEET AND NORTH 02046'34" EAST, 30.00 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 21 , THENCE NORTH 02046934" EAST, 23 .02 FEET TO A POINT OF CURVATURE; THENCE 124.23 FEET ALONG A TANGETIAL CURVE TO THE LEFT, HAVING A RADIUS OF 338.02 FEET, TO A POINT OF REVERSE CURVATURE; THENCE 133 .87 FEET A LONG A TANGENTIAL CURVE TO THE RIGHT, HAVING A RADIUS OF 329.98 FEET TO A POINT; THENCE TANGENT TO THE PREVIOUS CURVE, NORTH 04057' 50" EAST, 30. 10 FEET TO THE SOUTHERLY LINE OF TRACT B. CHANNEL ACCESS EASEMENT: A PERMANENT CHANNEL IMPROVEMENT EASEMENT TO BE USED FOR CHANNEL ACCESS PURPOSES, BEING DESCRIBED AS FOLLOWS : FROM THE SOUTHWEST CORNER OF SAID SECTION 21 AND RUNNING SOUTH 87013 '267'EAST 717.59 FEET; THENCE NORTH 13026116" EAST 290.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85029' 56"WEST 48.24 FEET TO THE EASTERN LINE OF THE PERMANENT EASEMENT DECRIBED HEREIN ABOUT; THENCE NORTH 10'00 ' 12" EAST ALONG SAID EASTERN LINE A DISTANCE OF 25 .82 FEET; THENCE LEAVING SAID EASTERN LINE, NORTH 85029'56" EAST 45. 13 FEET; THENCE SOUTH 03°08 ' 50" WEST 25 .22 FEET TO THE POINT OF BEGINNING AND CONTAINING 15167 SQUARE FEET OR 0.03 ACRE, MORE OR LESS. Washington County, AR 1 certify this instrument was filed on 03/01 /2007 11 :13:20 AM and recorded in Real Estate File Number 2007-000074 2 Bette Stamps - Circu'tI ti by Ord City of Fayetteville �/6 /d, Staff Review Form' 4'177 City Council Agenda Items II,N�i �6 ajT/ or 9 Ff I Contracts ( eMt�!( \ b ►+� 5 6-Feb-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 06-2204: (Bungalows at Cato Springs, 600): Submitted by McClelland Consulting Engineers for property located north of Cato Springs Road, West of Cline Avenue. The property is zoned R-PZD, Residential Planned Zoning District and contains 5 .52 acres. The request is to vacate an access easement (0.35 acre) and a drainage channel access easement (0.03 acre) on the property. $0.00 n/a n/a Cost of this request CategorylProject Budget Program Category / Project Name n/a n/a 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 Department birector Date Original Contract Date: n/a l J� Original Contract Number: n/a x' 12 - 0� City Attorney Received Clerk's Office Ep Finance and Internal Service Director Date Received in Mayor's Office MENEI 6 �L622 lLx� Mayor Date T'l Comments: ' City Council Meeting of February 6, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations ` p From: Jeremy C. Pate, Director of Current Planning Dv Date: January 11 , 2007 Subject: Easement Vacation for Bungalows at Cato Springs (VAC 06-2204) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating an access easement and a channel access easement located within the Bungalows at Cato Springs located north of Cato Springs Road and west of Cline Avenue. BACKGROUND A Planned Zoning District and Preliminary Plat for the Bungalows at Cato Springs (R-PZD 05- 1797, and PPL 06-2011 ) have been approved for a 31 -lot single family development on the Property. .. At the. time,of• preliminary plat approval it was noted that existing easements on the, Property would have to be vacated prior to final plat. The subject easements include an access easement, and a channel access easement. The access easement was platted . for the property owner to the north to have access to his property, a tandem lot. It appears that the channel access easement was originally platted to allow access to the Cato Springs Branch Creek along the western portion of the property, for maintenance of this waterway/floodway. Currently no public utilities or public uses occupy the easements. As part of the Bungalows at Cato Springs Final Plat, right-of-way would be dedicated throughout the property for new streets and alleys. . This right-of-way would provide adequate access throughout the development and to the drainage channel. An exhibit depicting the right-of-way that would be dedicated is attached to this report. The applicant's request is to vacate a 50' access easement (0.35 acres) and a 0.03 acre channel access easement, as the easements will not be necessary to facilitate access after development of the Bungalows at Cato Springs. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission on January 8, 2007. The Planning Commission voted 9-0-0 to recommend this vacation request to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2204 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS FOR PROPERTY LOCATED NORTH OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE TO VACATE AN ACCESS EASEMENT (0.35 ACRES) AND DRAINAGE CHANNEL ACCESS EASEMENT (0.03 ACRES) ON THE PROPERTY 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 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 a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements: See Exhibit `B" attached hereto and made a part hereof. 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 . Relocation of any existing utilities shall beat the owner/developer's expense. 2. New right-of-way shall be dedicated as part of the Bungalows at Cato Springs final plat consistent with the previously approved street and alley layout for this subdivision. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT lWl Page 1 of 2 = ---- -- 50 ' ACCESS EASEMENT ax ms-vo.s-an car a aar anmr a�a K'�MM..A� vx +m-were-oaa Dorsa s e ra++ s�vns Ll A ss A ship o/ /md 50 /eat w/dq l000led withi, the cv Ole /mils o! Me aty of layeffewYfq beteg c port of Ne SW/4 of the SW�4 0/ Secfbn2l. Townwh(o 16 North. Rouge Jo West o/ Me 67th pr 4 of rx uLOr 9 o+erldm, Wid+i,gtm County, Arkansos, the oartalne o/ whkh is - I oaeu aumr descr8ed m !d/owr oegilnhg of a po8+f South 877,-26' £mt 856.75 feet orad Narfh 2'46'J4' £mt JQ00 Ieet hom the SautAwe t comer of21. Mso/d SLcfM ' 12e thence North 02.46'54' £int 2102 feet to o poht of cwwture; I Mince 124.23 feet dmg a tmgmtkt cws . fa 'fhe rok/t hawAg o I duy o/ JJ&o2 lent to o pate[ o/ iew>•ae ooA (f . thence U3.87 I lee, fo�pa tmgentd/ am-v to Me tight haWOO c Alden of 729.98 *ht- Men'ee tmgmt to the pre Morn cvrh; North I 045Y50' East Jo.to feet to the southerly roe or 7rccf B. I to, s v r Irserx n' vAw�s'OOOwvm ..t��e�ivss�o'eswr I I + I Lor :.• arr ornrtr¢yA[ , I y I_�y a�xsnr-mztA-wz 1�zt ... C ( � V / / 1 � I wmo�moai�x ami �11 / , PCaRPtr oe(Ml AVSaS a I t cor to �°mx,.w�w,�mr -------- -- -- G4 TO SPRINGS RD. - - -- - `- - - -- ------ - .-_ P P.YQIA I.VIC W F PA ALOW OW YN(Ee AWl YXPA MLYAIME 'fes U EXHIBIT "A" - — Page 2 of 2 CHANNEL ACCESS EASEMENT P ax mr-mcmrm _ Dasa n • •nano seroer i Px mi(Rp.pp i 3Lii G t 14C1'n � p noel Access m A vormmmt ahmnel ^— nom a:�on t err Pwpore; bei:g deso*e.H earanmf fo 4 use0 far ahDOO to; d of sold Section 21 and mm�hy. SOUM 8773• From tha SauUvert mmc vx av-aan-m, IV" 1376.16• fart 26• Eort 7)7.59 /m . SovU 8579'56• Wert 4d 24 feett to, Me°Pol:t of Bryhnhg- the mCe ' easunmf Oene a ed hash EoSte ,lee of :Ue Pmhwmf Easfem f79, £a�t{SI � UmteeU/�,-th:fo�9 mla Et o�9 raid Narfh t15 82 fee t Wo-! f o/ Beghnhg and amttmh� 1..167 43"50' Ment 172 /eet i swore foot or 8.83 aaq ! div+ ave r jmnxxci i ( _---�� PA A e i PA ns-mu�ov W k 1 �� _ QO mr I axam mr-mram i ; '�Inaeorrr wool Pftxt� 1\ 1 i i I ; :< I I ;' va ns-mm-ow 1 Doom L¢ WArrov � I • � I I I I CA TO SPRINGS RD. _.-------.._ / � . s-\vmvau [m YMRfR PiI IIC 'iQyLf tbl �.N LRmS-1vn P O V EXHIBIT `B" VAC 06-2204 ACCESS EASEMENT: A STRIP OF LAND 50 FEET WIDE, LOCATED WITHIN THE COPORATE LIMITS OF THE CITY OF FAYETTEVILLE, BEING A PART OF THE SWA OF THE SWA OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 87° 13 '26"EAST, 856.76 FEET AND NORTH 02046'34" EAST, 30.00 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 21 , THENCE NORTH 02046134" EAST, 23 .02 FEET TO A POINT OF CURVATURE; THENCE 124.23 FEET ALONG A TANGETIAL CURVE TO THE LEFT, HAVING A RADIUS OF 338.02 FEET, TO A POINT OF REVERSE CURVATURE; THENCE 133 .87 FEET A LONG A TANGENTIAL CURVE TO THE RIGHT, HAVING A RADIUS OF 329.98 FEET TO A POINT; THENCE TANGENT TO THE PREVIOUS CURVE, NORTH 04057' 50" EAST, 30. 10 FEET TO THE SOUTHERLY LINE OF TRACT B. CHANNEL ACCESS EASEMENT: A PERMANENT CHANNEL IMPROVEMENT EASEMENT TO BE USED FOR CHANNEL ACCESS PURPOSES, BEING DESCRIBED AS FOLLOWS : FROM THE SOUTHWEST CORNER OF SAID SECTION 21 AND RUNNING SOUTH 87013 '26"EAST 717.59 FEET; THENCE NORTH 13026716" EAST 290.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85029' 56"WEST 48.24 FEET TO THE EASTERN , LINE OF THE PERMANENT EASEMENT DECRIBED HEREIN ABOUT; THENCE NORTH 10'00' 12" EAST ALONG SAID EASTERN LINE A DISTANCE OF 25.82 FEET; THENCE LEAVING SAID EASTERN LINE, NORTH 85029756" EAST 45 . 13 FEET; THENCE SOUTH 03°08 ' 50" WEST 25 .22 FEET TO THE POINT OF BEGINNING AND CONTAINING 15167 SQUARE FEET OR 0.03 ACRE, MORE OR LESS. Tae V �11� PC Meeting of January 8, 2007 ye. ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING.DWISION 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: Updated January 11. 2007 VAC 06-2204: (BUNGALOWS @ CATO SPRINGS, 600): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located NORTH OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE. The property is zoned R-PZD 05- 1797, BUNGALOWS AT CATO SPRINGS and contains approximately 5.52 acres. The request is to vacate an access easement (0.35 acres) and drainage channel access easement (0.03 acres) on the property. Property Owners: Jim P. and Terri L. Knight Planner: Andrew Garner Findings: Property Description and Background: The subject property is located on the north side of Cato Springs Road west of Cline Avenue. A Planned Zoning District and Preliminary Plat for the Bungalows at Cato Springs (R-PZD 05-1797, and PPL 06-2011 ) have been approved for a 31 -lot single familydevelopment on the property. At the time of preliminary plat approval it was noted that existing easements on the property would have to be vacated prior to final plat. The subject easements include an access easement, and a channel access easement. The access easement was platted for the property owner to the north to have access to his property, a tandem lot. It appears that the channel access easement was originally platted to allow access to theL Cato Springs Branch Creek along the western portion of the property, for maintenance of this waterway/floodway. Currently no public utilities or public uses occupy the easements. As part of the Bungalows at Cato Springs Final Plat, right-of-way would be dedicated throughout the property for new streets and alleys. This right-of-way would provide adequate access throughout the development and to the drainage channel. An exhibit depicting the right-of-way that would be dedicated is attached to this report. Request: The applicant's request to vacate a 50' access easement (0.35 acres) and a 0.03 acre channel access easement, as the easements will not be necessary to facilitate access after development of the Bungalows at Cato Springs. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: K:Vieports\2007\PC Reports\01 -08-07\VAC 06-2204 (Bungalows Q Cato Springs).doc 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 Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: Staff has not received public comment on the vacation requests. Recommendation: Staff finds that vacating the access easements would not adversely affect the provision of access to the subject property, any other properties, or Cato Springs Branch Creek with the dedication of right-of-way as part of the Bungalows at Cato Springs subdivision. Staff recommends approval of the proposed access easement vacations VAC 06-2204 with the following conditions: 1 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. New right-of-way shall be dedicated as part of the Bungalows at Cato Springs final plat consistent with the previously approved street and alley layout for this subdivision. PLANNING COMMISSION ACTION: yes Required X Forward to City Council with recommendation for approval Denied Motion: Graves Second: Ostner _. .. Vote: 9-0-0 Date: January 8, 2007 Comments: Approved on consent. 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 K:\Repons\2007\PC Reports\OI-08-07\VAC 06-2209 (Bungaloea Q Cato Springs).doc Date: November 21 , 2006 Re: Bungalows at Cato Springs Easement Vacation Requests Dear Sir or Madam, McClelland Consulting Engineers, Inc. would like to notify you of the petition to vacate the following easements that lie adjacent to your property, described as follows, graphically represented by the two enclosed exhibits. Channel Access Easement: A permanent channel access easement to be used for channel access purposes, being described as follows: From the Southwest corner of said Section 21 and running South 87 degrees 13' 26" East 717.59 feet; thence North 13 degrees, 26', 16" East 290.00 feet to the Point of Beginning: thence South 85 degrees 29' 56" West 48.24 feet to the Eastern line of the permanent easement described hereinabove; thence North 10 degrees, 00' 12" East along said Eastern line a distance of 25.82 feet; thence leaving said Eastern line, North 85 degrees 29' 56" West 45.13 feet; thence South 03 degrees 08' 50" West 25.22 feet to the Point of Beginning and containing 1 ,167 square feet or 0.03 acre, more or less. Access Easement: A strip of land 50 feet wide, located within the corporate limits of the City of Fayetteville, being a part of the SWA of the SWA of Section 21 , Township 16 North, Range 30 West, of the'frfth principle meridian, Washington County, Arkansas, the centerline of which is described as follows: Beginning at a point South 87 degrees 13' 26" East, 856.76 feet and North 02 degrees 46' 34" East, 30.00 feet from the Southwest corner of said Section 21 , Thence North 02 degrees 46' 34" East, 23.02 feet to a point of curvature; thence 124.23 feet along a tangential curve to the left, having a radius of 338.02 feet, to a point of reverse curvature; thence 133.87 feet along a tangential curve to the right, having a radius of 329.98 feet to a point; thence tangent to the previous curve, North 04 degrees 57' 50" East, 30.10 feet to the Southerly line of Tract B. Please feel free to contact our office with any questions, concerns, or comments. A comment farm has been included with this letter; if you should choose to fill it out, please return it to our office at the address below. Sincerely, Leslie A. Munzner McClelland Consulting Engineers Inc. 1810 North College Avenue Fayetteville, Arkansas 72701 (479) 443-2377