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Home My WebLink AboutOrdinance 5151 Doc ID : 012393920004 Tvoe : REL Recorded : 07/23/2008 at 01 : 38 : 22 PH _ Fee Amt : $30 . 00 Pace 1 of 4 Washlnoton Countv . AR Bette Stamos Circuit Clerk F11e2008-00024297 ORDINANCE NO, 5151 AN ORDINANCE APPROVING VAC 08-2916 SUBMITTED BY APPIAN CENTRE FOR DESIGN FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 6TH STREET AND HILL AVENUE INTERSECTION, TO VACATE VARIOUS UTILITY EASEMENTS AND RIGHTS-OF-WAY, WITHIN THE SUBJECT 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 utility easements and rights-of-way 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 and rights-of-way: 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. 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. 1 . An easement plat depicting rights-of-way and easements needed to serve the Hill Place R-PZD 08-2915 project, as required by all utility representatives, shall be dedicated prior to issuance of a building permit. The formal vacation of all easements and right-of-way as proposed shall not be accepted until this requirement has been met. 2. Relocation or damage to any existing utilities shall be at the owner/developer' s expense. 3 . More detailed drawings/exhibits showing easements and existing utilities to be vacated shall be provided to the satisfaction of utility companies. Page 2 Ord. 5151 PASSED and APPROVED this 151 day of July, 2008. ZY pF .SOWS FAYETTEVILLE ; APPROVED: ATTEST: egR y ,kANS . J GTON G�.``. By: DAN COODY, Mayor SO DRA E. SMITH, City Clerk/Treasurer EXHIBIT "All 290 100 0 100 200N-N 71w e v.ur ,.ul � 1,,;,,,° °^• GRAPHIC SCALE IN = 100 � �f'- .� •� v / gllV J ,III M ` r III R � I I•� DETAIL 1 N ei a NN r7 M pp r 'ter \�.' �. • / 9 4 p f JISE � .. I mmv M m A N '-_•_-'--'i __— oWy\rll ' .�y..•j � W � mn .nom, II I -1 F-••----- •-l.._. _ _ _ ._. , ,Err I •---- DETAILS ARE DRAWN ATA 50' SCALE 1:7 NNI Lso o so too DETAIL 5 .i TAIL 46 DETAIL 3 ETAIL 2 N CRAPKIC t DEVELOPMENT CONSULTANTS INCORPORATED 2 G g EASEMENT AND RIGHT OF WAY VACATION EXHMFT MAP: a �` S €B O 8 ASPEN RIDGE. FAYETTEVILLE. WASHINGTON COUNTY• AR i i gal L EXHIBIT "B" VAC 08-2916 ALL EASEMENTS AND RIGHTS OF WAY DEDICATED ON THE EASEMENT/RIGHT- OF-WAY DEDICATION PLAT OF PART OF SECTIONS 16 & 213 T- 16N, R-30-W PREPARED FOR ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED AT PLAT 23-308, LESS AND EXCEPT THE FOLLOWING: 1) EASEMENTS LYING WITHIN TRACT 2; 2) EASEMENTS LYING WITHIN TRACT 4; 3) THE TREE PRESERVATION EASEMENT; 4) RIGHT-OF-WAY DEDICATED ALONG THE WEST SIDE OF HILL AVENUE; 5) RIGHT-OF-WAY OF WYNSTONE DRIVE; 6) RIGHT-OF-WAY OF ROYAL OAK PARKWAY FROM 6TH STREET SOUTH TO THE SOUTHERLY LINE OF WYNSTONE DRIVE EXTENDED WESTERLY TO INTERSECT WITH THE WESTERLY LINE OF ROYAL OAK PARKWAY; 7) 20' UTILITY EASEMENT LYING ADJACENT TO AND NORTHEASTERLY OF THE TREE PRESERVATION EASEMENT; 8) 20' ACCESS EASEMENT AND UTILITY EASEMENTS LOCATED IN THE VICINITY OF GRACEWOOD DRIVE; 9) ALL EASEMENTS LYING ALONG THE EXTERNAL BOUNDARIES THAT ARE ADJACENT TO OTHER PRIVATE PROPERTIES. WITH ALL VACATED EASEMENTS AND RIGHTS-OF-WAY BEING SHOWN ON PAGE V-2 AND WITH BEARINGS AND DISTANCES OF LINES AND CURVES SHOWN ON PAGE V-3 OF THE ATTACHED EXHIBIT MAP. NOTE THAT ALL ADDRESSES ON THE ADDRESS TABLE AS SHOWN ON SHEET 2 OF THE EASEMENT/RIGHT-OF-WAY DEDICATION PLAT OF SECTIONS 16 & 21 , T- 16-N, R-30-W PREPARED FOR ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED FOR RECORD AT PLAT 23-308 AND AS SHOWN ON THE AMENDED EASEMENT DEDICATION AND AFFIDAVIT OF SCRIVENERS ERROR FILED FOR RECORD AT LAND DOCUMENT 2006- 19048 ARE ALSO VACATED. r n Washington County, AR I certify this instrument was filed on 07/23/2008 01 :38:22 PM and recorded in Real Esta File Number 2008-00024 7 Bette Stamps - Circuit C rk Eby City of Fayetteville 711%ay Staff Review Form 615 City Council Agenda Items or V U l Contracts Hill Pfop 1 -Jul-08 mq City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 08-2916: (Hill Place, 561 ): Submitted by Appian Center for Design for property located at the southwest corner of 6th Street and Hill Avenue intersection. The request is to vacate a portions of utility easements and rights-of-way on the subject property. $0.00 n/a n/a Cost of this request Category/Project Budget Program Catego / 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 Departme t DirActor — Date Original Contract Date: n/a Original Contract Number: n/a orney Received in City ClerKs Office %P" Q 6 - 1c -og I V4a � Finance and Internal Service Director Date Received in Mayor's Office IT Mayor`s Date Comments: City Council Meeting of July 1 , 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations ��yy From : Jeremy C. Pate, Director of Current Planning b` Date : June 10, 2008 Subject: Easement and Right-of-Way Vacation for Hill Place (VAC 08-2916) RECOMMENDATION Staff and the .Planning Commission recommend approval of an ordinance vacating a portion of a right-of-way and utility easements on the subject property. BACKGROUND The 27. 10-acre property is located on the south side of 6'h Street, west of Hill Avenue, east of the Arkansas-Missouri railroad. This site was most recently designed and approved under die name Aspen Ridge. The Aspen Ridge Residential Planned Zoning District was approved for this site in January 2005, for 220 attached residential units. Much of the street and utility infrastructure for Aspen Ridge has been installed and approved by the City, however, for various reasons, building permits were never obtained for the project and the approval expired. The applicant has now obtained approval for the Hill Place R-PZD project for 288 multi-family residential units. This project will utilize much of the existing street and utility infrastructure, however, the applicant is requesting many of the existing easements and rights-of-way on the property be abandoned, and new casements and right-of-way dedicated with the Hill Place development. This is in large part due to the new site layout, while retaining as much existing infrastructure as possible. DISCUSSION Notification was provided to all appropriate utility representatives and to the City with no objections to the requested casement and right-of-way vacation. This item was heard at the regular Planning Commission meeting on April 14, 2008 and forwarded by vote of 7-0-0 to recommend this vacation request to the City Council . BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 08-2916 SUBMITTED BY APPIAN CENTRE FOR DESIGN FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 6111 STREET AND HILL AVENUE INTERSECTION, TO VACATE VARIOUS UTILITY EASEMENTS AND RIGHTS-OF-WAY, WITHIN THE SUBJECT 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 utility easements and rights-of-way 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 and rights-of-way: 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. 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 . I . An easement plat depicting rights-of-way and easements needed to serve the Hill Place R- PZD 08-2915 project, as required by all utility representatives, shall be dedicated prior to issuance of a building permit. The formal vacation of all easements and right-of-way as proposed shall not be accepted until this requirement has been met. 2. Relocation or damage to any existing utilities shall be at the owner/developers expense. 3 . More detailed drawings/exhibits showing easements and existing utilities to be vacated shall be provided to the satisfaction of utility companies. Page 2 Ord. PASSED and APPROVED this day of ) 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City CIcrk Treasurer EXHIBIT "'Aly Zoo loo 0 loo 200 GRAPHIC SCALE 1 " = 100' r - Rim rr -•h Alf AMM A, omMum r DETAIL 1 Ng / ' rl " hMM Am 1 j li amuw,w ^;I I AllM m tF I II /t�Sh 0 3 1 , else i AMEN At CMM� It :F lVe1AM / d z —" mh1. G y s'Oal V N ♦a� �'m 'l � P 1 !rg OEiaLS ARE DRax'k al a v0' ]CLCNiN N l�§ DETAIL 5 V., DETAIL 4 I5 DETAIL 3 DETAIL 2 cRaRnlc scaLc 1 = so DEVELOPMENT - CONSULTANTS INCORPORATED / _ EASE m ' EASEMENT AND RIGHT OF WAY VACATION E%MIBIT MAP: 1 co ' 'o w ' O� ASPEN RIDGE, FAYETTEVILLE, WASHMGTON COUNTY, AR o s K a IMF oZ , V EXIIIBIT `B" VAC 08-2916 ALL EASEMENTS AND RIGHTS OF WAY DEDICATED ON THE EASEMENT/RIGHT- OF-WAY DEDICATION PLAT OF PART OF SECTIONS 16 & 21 , T- 16N, R-30-W PREPARED FOR ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED AT PLAT 23-308, LESS AND EXCEPT THE FOLLOWING : 1 ) EASEMENTS LYING WITHIN TRACT 2; 2) EASEMENTS LYING WITHIN TRACT 4; 3) THE TREE PRESERVATION EASEMENT; 4) RIGHT-OF-WAY DEDICATED ALONG THE WEST SIDE OF HILL AVENUE; 5) RIGHT-OF-WAY OF WYNSTONE DRIVE; 6) RIGHT-OF-WAY OF ROYAL OAK PARKWAY FROM 6TH STREET SOUTH TO THE SOUTHERLY LINE OF WYNSTONE DRIVE EXTENDED WESTERLY TO INTERSECT WITH THE WESTERLY LINE OF ROYAL OAK PARKWAY; 7) 20' UTILITY EASEMENT LYING ADJACENT TO AND NORTHEASTERLY OF THE TREE PRESERVATION EASEMENT; 8) 20' ACCESS EASEMENT AND UTILITY EASEMENTS LOCATED IN THE VICINITY OF GRACEWOOD DRIVE ; 9) ALL EASEMENTS LYING ALONG THE EXTERNAL BOUNDARIES THAT ARE ADJACENT TO OTHER PRIVATE PROPERTIES. WITH ALL VACATED EASEMENTS AND RIGHTS-OF-WAY BEING SHOWN ON PAGE V-2 AND WITH BEARINGS AND DISTANCES OF LINES AND CURVES SHOWN ON PAGE V-3 OF THE ATTACHED EXHIBIT MAP. NOTE THAT ALL ADDRESSES ON THE ADDRESS TABLE AS SHOWN ON SHEET 2 OF THE EASEMENT/RIGHT-OF-WAY DEDICATION PLAT OF SECTIONS 16 & 21 , T- 16-N , R-30-W PREPARED FOR ASPEN RIDGE PLANNED ZONING DISTRICT AS SHOWN ON PLAT FILED FOR RECORD AT PLAT 23-308 AND AS SHOWN ON THE AMENDED .EASEMENT DEDICATION AND AFFIDAVIT OF SCRIVENERS ERROR FILED FOR RECORD AT LAND DOCUMENT 2006- 19048 ARE ALSO VACATED. Ta, e PC Meeting of April 14, 2008 Afl KANSAS 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 Malt Casey, Assistant City Engineer THRU : Jeremy Pate, Director of Current Planning DATE: A�- 'P °moo Updated April 15 1008 VAC 08-2916: (HILL PLACE, 561 ) : Submitted by APPiAN CENTER FOR DESIGN for property located at THE SW CORNER OF THE 6TH STREET AND HILL AVENUE INTERSECTION . The property is zoned R-PZD, RESIDENT. PLANNED ZONING DIST. ASPEN RIDGE and contains approximately 27. 10 acres. The request is to vacate various utility easements and right-of-ways within the subject property. Planner: Andrew Garner Findings: Property Description and Background: The 27. 10-acre property is located on the south side of 6'I' Street, west of Hill Avenue, east of the Arkansas-Missouri railroad. This site was most recently designed and approved under the name Aspen Ridge. The Aspen Ridge Residential Planned Zoning District was approved for this site in January 2005. This approval rezoned the property from RMF-24 to R-PZD 04- 1307 (Aspen Ridge). The Aspen Ridge project was approved for 220 attached residential units with an overall density of 7.87 units/acre. Much of the street and utility infrastructure for Aspen Ridge has been installed and approved by the City, however, for various reasons, building permits were never obtained for the project and the approval expired. The applicant now proposes the Hill Place R-PZD project for 288 multi-family residential units. This project will utilize much of the existing street and utility infrastructure, however, the applicant is requesting many of the existing easements and rights-of-way on the property be abandoned, and new easements and right-of-way dedicated with the Hill Place development. This is in large part due to the new site layout, while retaining as much existing infrastructure as possible. Request: The applicant is requesting to vacate a large portion of the right-of-way and easements dedicated as part of the Aspen Ridge development, in order to allow the development of the Hill Place R-PZD on the property. Some of the easements and right- of-way will be retained for use as part of the Hill Place project. An exhibit showing the proposed vacated areas has been provided by the applicant and is attached to this report. The applicant has submitted the required notification forms to the utility companies and KA Repons\2008\PC Reports\07-April 14wAC 08-2910 (Hill Place)-Am to the City with the result summarized below- UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No objections; damage/relocation of existing facilities at owner/developer' s expense. Southwestern Electric Power Company No objections; damage/relocation of existing facilities at owner/developer' s expense, to be paid prior to relocation. Arkansas Western Gas No objections provided new easement plat is dedicated and relocation of existing facilities at owner/developer' s expense. AT&T Arkansas No objections provided legal descriptions of easements to be vacated are provided and any damage/relocation of utilities at owner/developer' s expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections provided that easements are retained for Main Collector along Town Branch Creek. Existing water and sewer in the development needs to be retained until new plans are approved. Need more detailed drawing showing areas/lines to be vacated. Transportation No Objections Solid Waste No Objections Recommendation : Staff recommends forwarding VAC 08-2916 to the City Council with a recommendation of approval to vacate the right-of-way and easements as depicted herein with the following condition : 1 . An easement plat depicting rights-of-way and easements needed to serve the Hill K:\Repons\2008\PC Reports\07-April WVAC08-2916 (11ill Place).doc