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HomeMy WebLinkAboutOrdinance 5093 ORDINANCE NO, 5093 AN ORDINANCE APPROVING VAC 07-2832 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT LOTS 6-9 OF THE TIMBERLAKE OFFICE PARK TO VACATE THE EROSION CONTROL EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF 1 .83 ACRES. 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 erosion control 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 erosion control easement: See Exhibit "B" 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 "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Y 0;10 PASSED and APPROVED this 18th day of December, 2007. _ AYt 1rEviu-F APPROVED: ATTEST: . ' By: l v By: JlrYle�c�� DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" \ \ 004.9 \ "° "• PROPOSED EASEMENT VACATION la I r LOT 9 LOT 10 LOT a 2 00\ j / LOT 7 v / LOT 6 j EASEMENT VACATION EXHIBIT xrc r.o EXHIBIT `B" VAC 07-2832 LOCATED IN A PART OF THE EAST 1/2 OF THE NE 1 /4 OF SECTION 23, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NE CORNER OF SECTION 23 ; THENCE SOUTH 2, 140.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 25 MINUTES 36 SECONDS WEST, 192.04 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, 674.45 FEET; THENCE NORTH 78 DEGREES 05 MINUTES 04 SECONDS EAST, 120.76 FEET; THENCE NORTH 71 DEGREES 45 MINUTES 28 SECONDS EAST, 45 .07 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, 458.32 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 1 .83 ACRES MORE OR LESS. dk � City of Fayetteville 7 Staff Review Form rj j City Council Agenda Items or Contracts Up C 67'c�83 18-Dec-07 City Council Meeting Date Jeremy Pati Planning Operations Submitted By Division Department Action Required: VAC 07-2832: (Lots 6-9 Timberlake Office Park, 96/ 135): Submitted by H2 Engineering for property located at Lots 6-9 of the Timerberlake Office Park. The request is to vacate 1 .83 acres of an erosion control easement traversing through the subject property. $0.00 We n/a Cost of this request Category/Project Budget Program Category / Pro'ed 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 r�7 Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Di actor Date Original Contract Date: n/a Original Contract Number: n/a 3J - L] City Attomey Received in City Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office nEN&L e) 7Y Mayof Date Comments: City Council Meeting of December 18, 2007 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: November 29, 2007 Subject: Easement Vacation for Lots 6-9 Timberlake Office Park (VAC 07-2832) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating 1 .83 acres of the erosion control easement that is located on the subject property. BACKGROUND The property is located at Lots 6-9 of the Timberlake Office Park north of Zion Road. The Timberlake Office Park subdivison has been recently platted and does not have any development on it other than streets, infrastructure, and a pre-existing single family residence. The subject property is located at the northeast end of this subdivision. The property is at the top of a steep slope above Lake Fayetteville and the outfall at Clear Creek. There is a large easement bisecting this property that was dedicated as part of the development of Lake Fayetteville in 1949. This easement was for preservation and stabilization of the slope above the lake. Staff has discussed this easement with the Arkansas Soil and Water Conservation Commission who have indicated no problems with vacating a portion of this easement. The portion of the easement bisecting Lots 6-9 of Timberlake Office Park would have to be vacated prior to development on the property. On September 10, 2007 the Planning Commission approved development of a 20,500 square foot professional office building and associated parking lot (LSD 07-2677) on Lot 9 of the Timberlake Office Park subdivision. The LSD was approved with the condition that the easement be vacated prior to obtaining construction permits for the development. DISCUSSION As this easement only grants rights to the City of Fayetteville for erosion control adjacent to Lake Fayetteville, the applicant was only required to submit the required notification forms to the City of Fayetteville. No objections were received. This item was heard at the regular Planning Commission meeting on November 26, 2007 and forwarded by vote of 9-0-0 on the consent agenda to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2832 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT LOTS 6-9 OF THE TIMBERLAKE OFFICE PARK TO VACATE THE EROSION CONTROL EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF 1 .83 ACRES. 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 erosion control 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 erosion control easement: See Exhibit `B" 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 "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer - ----------------- -- -- EXHIBIT -------------- - EXHIBIT W' PROPOSED EAWhffP T VACATIOM LOT 9 LOT 10 / / � g 1 @�y LOT 8 / LOT 7 I LOT 6 / ® or , �C EASEMENT VACATION EXHIBIT , ,, e , EXHIBIT "B" VAC 07-2832 LOCATED IN A PART OF THE EAST /20F THE NE '/. OF SECTION 23, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NE CORNER OF SECTION 23 ; THENCE SOUTH 2, 140.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 25 MINUTES 36 SECONDS WEST, 192.04 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, 674.45 FEET; THENCE NORTH 78 DEGREES 05 MINUTES 04 SECONDS EAST, 120.76 FEET; THENCE NORTH 71 DEGREES 45 MINUTES 28 SECONDS EAST, 45.07 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, 458.32 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 1 .83 ACRES MORE OR LESS. Ta� T } e cV•1 le PC Meeting of November 26, 2007 t 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: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Undated November 29. 2007 VAC 07-2832: (LOTS 6-9 TIMBERLAKE OFFICE PARK, 96/135): Submitted by H2 ENGINEERING for property located at LOTS 6-9 OF THE TIMBERLAKE OFFICE PARK. The property is zoned R-O, RESIDENTIAL OFFICE. The request is to vacate a portion of an erosion control easement. Property Owner: Zion Holdings, LLC Planner: Andrew Gamer Background/Property: The property is located at Lots 6-9 of the Timberlake Office Park north of Zion Road. The Timberlake Office Park subdivison has been recently platted and does not have any development on it other than streets, infrastructure, and a pre-existing single family residence. The subject property is located at the northeast end of this subdivision. The property is at the top of a steep slope above Lake Fayetteville and the outfall at Clear Creek. There is a large easement bisecting this property that was dedicated as part of the development of Lake Fayetteville in 1949. This easement was for preservation and stabilization of the slope above the lake. Staff has discussed this easement with the Arkansas soil and water Conservation Commission who have indicated no problems with vacating a portion of this easement (see attached email). The portion of the easement bisecting the propsed development would have to be vacated prior to development on the property. On September 10, 2007 the Planning Commission approved development of a 20,500 square foot professional office building and associated parking lot (LSD 07-2677) on Lot 9 of the Timberlake Office Park subdivision. The LSD was approved with the condition that the easement be vacated prior to obtaining construction permits for the development. Surrounding Zonin and Use: Direction from Land Use Zoning Site North and East Lake Fayetteville Park R-A Undeveloped lots in Timberlake R-O; PZD 06-2191 University South and East Office Park Club Tower West Single family residence R-O Request: The applicant requests to vacate the preservation and slope stabilization easement traversing through Lots 6-9 of the Timberlake Office Park subdivision ( 1 .83 acres). As this easement only grants rights to the City of Fayetteville for erosion control adjacent to Lake K:Vteports1200T%PC Reports%I 1 -26-07WAC 07-2832 (Lots6-9Timber1ake).doc Fayetteville, the applicant was only required to submit the required notification forms to the City of Fayetteville. The responses from the City are listed below. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Engineering No Objections. Parks No Objections. Findings: Staff finds that vacating the requested portion of easement would not adversely affect preservation or slope stabilization associated with Lake Fayetteville, or any other adjacent property. The Fayetteville Water and Sewer, Parks, and Engineering Divisions have stated no objection to the requested vacation. The City also inquired of the Arkansas Soil and Water Conservation Commission regarding the potential to vacate this easement and received no objection. Public Comment: Staff has not received public opposition to this vacation request. Recommendation: Staff recommends forwarding to the City Council with a recommendation of approval to vacate the utility easement VAC 07-2832 with no conditions. PLANNING COMMISSION ACTION:. yesRequired Recommendation to be: X Forwarded for approval ❑ Denied ❑ Tabled Motion: Graves Second: Ostner Vote: 7-0-1 (Lack recused) Date: November 26, 2007 Comments: Forwarded on consent aeenda. 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 KAeports12007\PC KeportsA 1-26-07WAC 07-2832 (Lots6-9Timber1ake).doc Andrew Gamer - Fwd: RE: easement question for Lake Fayetteville Dam P From: Matt Casey To: Gamer, Andrew Date: 11/19/07 2: 12PM Subject: Fwd: RE: easement question for Lake Fayetteville Dam This is all we have Andrew. Matt >>> Sarah Wrede 8/13/2007 9:37 AM >>> Response from Alvin Simmons at Arkansas Soil and Water Conservation Commission: >>> "Alvin Simmons" <alvin.simmons(rDarkansas.aov> 08/10/07 2: 13 PM >>> Sarah: Relative to State Dam Safety requirements, I see no problem with vacating a portion of this easement. ---Original Message— From: Sarah Wrede [mailto:swrede[ckci.favetteville.ar.usl Sent: Thursday, August 09, 2007 10:46 AM To: Alvin Simmons Subject: easement question for Lake Fayetteville Dam Alvin, I attached a pdf showing an easement (purple) that the City has south of the Lake Fayetteville Dam's spillway. The easement is labeled as being for erosion control. We are considering vacating the south eastern portion of the easement that is not in the floodplain. We could not find any information that necessitate us having that easement. Will you respond, an email will be fine, with whether or not you see any problems with vacating a portion of this easement? I spoke with Mike and said he are obligated to maintain the dam and 20 feet off of the toe but that there are no easement requirements. Thank you, Sarah Sarah Wrede NPDES Phase II Program Manager Floodplain Administrator City of Fayetteville (479) 575-8208 V1 ¢ INC. October 12, 2007 Andrew Gamer City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Timberlake - Easement Vacation Dear Staff, This correspondence is a written description of the petition to vacate a portion of an existing easement (Doc. # 402-207) lying on Washington County Parcel # 765- 15568- 002 in Fayetteville, Arkansas. The current owner of the property is Zion Holdings, LLC and Timberlake, a Residential-Office development, as been approved for this site. The presence of this easement hinders the developer's buildable space on lots 6 — 9 of Timberlake. We propose to vacate the easement as it is not currently being used for anything. Our understanding of the nature of the easement is that it was originally put into place with the construction of Lake Fayetteville and that it is no longer needed. Thank you for your consideration in this matter. If you should have any questions or comments, please call me at 582-4234. Sincerely, Jeremy Thompson, P.E. Project Engineer H2 Engineering, Inc.