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
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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 / / �
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1
@�y LOT 8
/ LOT 7 I
LOT 6
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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.