HomeMy WebLinkAboutOrdinance 5192 Doc
Recorded : 112%09%20080et T71e42R23 AM
Fee Amt : $25 . 00 Paae 1 of 3
Mashlnaton Countv . AR
Bette Stamos Circuit Clerk
F11e2008-00038552
ORDINANCE NO. 5192
AN ORDINANCE APPROVING VAC 08-3108 SUBMITTED
BY MORRISON-SHIPLEY ENGINEERS, INC. FOR
PROPERTY LOCATED AT 3485 W WEDINGTON DRIVE TO
VACATE A PORTION OF A SEWER EASEMENT, A TOTAL
OF 0.33 ACRES.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the
platted sewer easement is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described sewer easement:
See Exhibit "B" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met herein.
1 . Any relocation or damage to existing facilities shall be at the owner/developers expense.
2. A performance bond for the future installation of water and sewer lines to serve the
remaining undeveloped properties shall be submitted and approved by the City Engineering
Department prior to building permit approval.
PASSED and APPROVED this 6 1hday of November, 2008. �.�``� • . • • . .Eqs
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APPROVED: ATTEST: _r :
'c ; FAYETTEVILLE •
By: By: %vsy e A-A Jam.`:
DAso
N COODY, Mayo j$P�Y1AjR�X/h' /$IXIYYFY,�tt}� Cil�rdc/T eb�Jrkf� ',1,0 SON �� ��•
Deputy City Clerk
EXHIBIT ••A••
WEDINGTO . -bRIVE
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10 .O.B. 15' Sanitary Sewer
Imm Easement Vacation Commencing At An Existing Rebar;
InoL010164VE 200.94'
I�tlfj Request (See Inset Thence North 01054'400 East, T30.00
In Feet; Thence South b8°05120" East
O Below) 15.00 Feet; Thence North 01054'40"
z ° East, 955.55 Feet; Thence North
02°3051 " East, 24250 Feet; Thence
South 5716' 45" East, 200.94 Feet
To the Point Of Beginning; Thence
I ----North 02"30'51 " East, 15.00 Feet;
IN - Thence South 57016145" East, T10bi
A Feet; Thence North 02°54'12" East,
Iumi " 155b2 Feet; Thence South 57°05'45"
tr East, 15.00 Feet; Thence South
j UJ 02"54'12" West, 200.18 Feet; Thence
I = North 5?'16' 45" West, "15551 Feet
To The Point Of Beginning Contalning
•t --0.55 Acres More Or Less.
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15' Sewer Easement, Book 1246, Page 556
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FER5IMMON STREET L
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3 MORRISON SHIPLEY EASEMENT VACATION EXHIBIT ,
i ENGINEERS • SURVEYORS
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Fayetteville, Washington County, Arkansas
u vsee•Fin°•
EXHIBIT `B"
VAC 08-3108
PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND PART
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL IN
FRACTIONAL SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. BEING THE PARCEL DESCRIBED PER
SURVEY RECORD #2005-00022480 AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCING AT AN EXISTING REBAR AT THE SW CORNER OF SAID PARCEL
NORTH 01054'40" EAST, 730.00 FEET; THENCE SOUTH 88°05'20" EAST, 15 .00 FEET;
THENCE NORTH 01054'40" EAST, 955.85 FEET; THENCE NORTH 02°30'31 " EAST, 242.30
FEET; THENCE SOUTH 87° 16' 48 " EAST, 200.94 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 02030131 " EAST, 15.00 FEET; THENCE SOUTH 87° 16'48 " EAST, 770.61
FEET; THENCE NORTH 02°54' 12" EAST, 185 . 82 FEET; THENCE SOUTH 87°05'48" EAST,
15.00 FEET; THENCE SOUTH 02°54'12" WEST, 200.78 FEET; THENCE NORTH 87' 16' 48"
WEST, 785.51 FEET TO THE POINT OF BEGINNING CONTAINING 0.33 ACRES MORE
OR LESS.
Washington County, AR
I certify this instrument was filed on
12/09/2008 11 :42:21 AM
and recorded in RealEsta
File Number 2008-0003
Bette Stamps - Circu le
by
URS
City of Fayetteville Staff Review Form
City Council Agenda Items
and dg -3t 08
Contracts, Leases or Agreements
� re �j-- H-Il1s
11 /4/2008
City Council Meeting Date
Agenda Items Only
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 08-3108: (FOREST HILLS PZD, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property
located at 3485 W WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING
DISTRICT and contains approximately 0.33 acres. The request is to vacate a portion of a sewer easement
contained within the project.
Cost of this request Category / Project Budget Program Category / Project Name
$
Account Number Funds Used to Date Program / Project Category Name
$
Project Number . Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
` C) �� ' e Previous Ordinance or Resolution #
Department birector Date
Original Contract Date:
17 Original Contract Number:
City ttorney Date
Received in City EN �
Il Q D fl Ips Zo_ � Clerk's Office
Finance and Internal Service Director Date
Received in
C Mayors Office a
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of November 04, 2008 I I P69
Agenda Item Number 61CIa
CITY COUNCIL AGENDA MEMO VAC D8-3108
To: Mayor and City Council
Thru: Gary-Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: October 14, 2008
Subject: Sewer Easement Vacation for Forest Hills PZD (VAC 08-3108)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a sewer easement on the
subject property.
BACKGROUND
The subject property is located south of the intersection of Wedington Drive and Salem
Road. The 0.33-acre sewer easement is part of an approximately 82.39-acre property that
was rezoned to R-PZD 07-2793 Forest Hills by the City Council on June 03, 2008. A Wal-
Mart Neighborhood Market was included as part of the overall PZD development plan and
was intended to be developed concurrently with street construction and utility installation.
The Planning Commission on October 13, 2008 voted to approve the large scale development
for Wal-Mart and to forward three separate vacation requests to the City Council.
The 15' sewer easement contains an 8" sewer line which extends from the west property line
through the north half of the property, bisecting the approved Neighborhood Market building.
The easement must be vacated and the sewer line removed prior to construction of the
building.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested sewer easement vacation. This item was heard at the regular
Planning Commission meeting on October 13, 2008 and forwarded by vote of 6-0- 1 on the
consent agenda to recommend this vacation request to the City Council. Staff recommends
the following conditions of approval with the vacation:
1 . Any relocation or damage to existing facilities shall be at the owner/developers
expense.
2. A performance bond for the future installation of water and sewer lines to serve the
remaining undeveloped properties shall be submitted and approved by the City
Engineering Department prior to building pennit approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-3108 SUBMITTED
BY MORRISON-SHIPLEY ENGINEERS, INC. FOR
PROPERTY LOCATED AT 3485 W WEDINGTON DRIVE TO
VACATE A PORTION OF A SEWER EASEMENT, A TOTAL
OF 0.33 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 the
platted sewer 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 sewer 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.
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 . Any relocation or damage to existing facilities shall be at the owner/developers expense.
2. A performance bond for the future installation of water and sewer lines to serve the
remaining undeveloped properties shall be submitted and approved by the City Engineering
Department prior to building permit approval.
Page 2
Ord.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT " Avg
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IOCP.O.B. 15' Sanitary Sewer °
Imm Easement Vacation Commencing At An Existing Rebar;
Iry0
L&101V4&'E 200.xRequest (See inset
4' Thence North 01 '54'40" East, -750.00
Ism
INCY Below) Feet; Thence South 68°05'20" East,
O 15.00 Feet; Thence North 01054'40"
Z a East, x5585 Feet; Thence North
I
02"3031 " East, 242.30 Feet; Thence
I = 50uth 5716' 45" East, 200A4 Feet
To the Point OF Beginning; Thence
—North 0203031 " East, 15.00 Feet;
Thence South 87016'4b" East, TIObl
dip Feet; Thence North 02°54'12" East,
I u� 185,52 Feet; Thence South 87'05'48"
I s ast, 15.00 Feet; Thence South
llu 02°54'12" Nast, 200.78 Feet; Thence
I = —North 8716' 48" West, '78551 Feet
I $ To The Point OF Beginning Containing
`t 033 Acres More Or Less.
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j 15' Sewer Easement, Book 1246, Page 356
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PERSIMMON STREET
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MORRISON SHIPLEY EASEMENT VACA77ON EXHIBIT .
ENGINEERS • SURVEYORS ' �'"•
Fayetteville, Washington County, Arkansas o- °
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EXHIBIT `B"
VAC 08-3108
PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND PART
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL IN
FRACTIONAL SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. BEING THE PARCEL DESCRIBED PER
SURVEY RECORD #2005-00022480 AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCING AT AN EXISTING REBAR AT THE SW CORNER OF SAID PARCEL
NORTH O1054'40" EAST, 730.00 FEET; THENCE SOUTH 88005'20" EAST, 15.00 FEET;
THENCE NORTH O1054'40" EAST, 955.85 FEET; THENCE NORTH 02°30'31 " EAST, 242.30
FEET; THENCE SOUTH 8701614811 EAST, 200.94 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 02°30'31 " EAST, 15.00 FEET; THENCE SOUTH 87016148" EAST, 770.61
FEET; THENCE NORTH 02054'12" EAST, 185.82 FEET; THENCE SOUTH 87005'48" EAST,
15.00 FEET; THENCE SOUTH 02°54' 12" WEST, 200.78 FEET; THENCE NORTH 87' 16' 48"
WEST, 785.51 FEET TO THE POINT OF BEGINNING CONTAINING 033 ACRES MORE
OR LESS.
TayeVI
PC Meeting of October 13 , 2008KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
T14RU: Jeremy Pate, Director of Current Planning
DATE: 000 8 Updated October 14, 2008
VAC 08-3108: (FOREST HILLS R-PZD, 440): Submitted by MORRISON-SHIPLEY
ENGINEERS, INC. for property located at 3485 W WEDINGTON DRIVE. The
property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains
approximately 0.33 acres. The request is to vacate a portion of a sewer easement
contained within the project.
Planner: Jesse Fulcher
Findings:
Property Description: The subject property is located south of the intersection of
Wedington Drive and Salem Road. The 0.33-acre sewer easement is part of an
approximately 82.39-acre property that was rezoned to R-PZD 07-2793 Forest Hills by
the City Council on June 03, 2008. As part of the large scale development plan submitted
for Wal-Mart Neighborhood Market, the applicants have submitted three vacation
requests and a property line adjustment.
The 15 ' sewer easement contains an 8" sewer line both of which extend from the west
property through the north half of the property, bisecting the proposed Neighborhood
Market building. The easement must he vacated and the sewer line removed prior to
construction of the building.
Request: The applicant is requesting to vacate a portion of the existing 15' sewer
easement. The applicant has submitted the required notification forms to the utility
companies and to the City with the results summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objections.
K:\Rcporls\2008WC Reports\19-0ctober 13\VAC 08-3108 (Forest Hills ?ZD Sewer Eatement).doc
Arkansas Western Gas No Objections
AT&T Arkansas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. With construction of
the Neighborhood Market and
associated infrastructure, a new
sewer line.
Transportation No Objections
Solid Waste No Objections
Public Comment: Staff has not received public comment.
Recommendation: Staff recommends forwarding VAC 08-3110 to the City Council
with a recommendation of approval with the following conditions:
1 . Any relocation or damage to existing facilities shall be at the owner/developers
expense.
2. A performance bond for the future installation of water and sewer lines to serve
the remaining undeveloped properties shall be submitted and approved by the
City Engineering Department prior to building permit approval.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: 4 Forwarded O Denied O Tabled
Date: October 13, 2008
Motion: Lack
Second: Graves
Vote: 6-0-1 (Trumbo recused)
. KARepons\2008\PC Reports\19-October 13\VAC 08-3108 (Forest Hills PZD_Sewer Easement).doc
MORRISON
SHIPLEY September 3, 2008
ENGINEERS • SURVEYORS
City of Fayetteville
Planning Division
125 W. Mountain St.
Fayetteville, AR 72701
Attn: Jeremy Pate
Re: 15' Sanitary Sewer Easement Vacation Request
Forest Hills Development
Dear Jeremy,
On behalf of the property owner, Forest Hills Partners, LLC, we respectfully request to vacate a
portion of the existing 15' sanitary sewer easement located on the driving range portion of the
property being developed. The easement and sewer line serves two adjacent tracts, Thetford
Photography and Farm Bureau which will be removed with the proposed development. In
addition to the vacation request, a large scale development plan, public improvement package,
and lot line adjustment are being submitted to initiate the first phase of development on the 82
acre tract known as Forest Hills. Plans include abandoning a portion of the sewer and rerouting
it along the newly constructed public streets.
According to the vacation application we are to send out a public notice to all owners adjacent
to the easement to be vacated. The utility easement is located internally in the subject property
which is owned by Forrest Hills Partners, I.I.C. No other property owners are directly adjacent to
portion of easement in which we are requesting vacation. After talking with Jan Gamble we
were told that surrounding owners notifications do not need to be dispersed since the vacation
is located internally in the property.
If at all possible, we would like to keep the vacation request on the same schedule as the lot line
adjustment, large scale development plans, and public improvement plans which are being
submitting concurrently.
If you have any questions or need additional information, please do not hesitate to contact me
at (479)273-2209.
Sincerely,
Morrison-Shipley Engineers, Inc.
At ell
Heather M. Robason, P.E.
Project Manger
2407 S. E. Cottonwood Street
Bentonville, AR • 72712
479 . 273 .2209 • Fax 479. 273 . 2553
morrisonshipley.corn