HomeMy WebLinkAboutOrdinance 5543 KIndDoc ID: 014938920006 Type: REL
RNOE
ecorded�I12/17/2032 at
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Maehlnoton County, AR Flle2012-00038015
ORDINANCE NO. 5543
AN ORDINANCE APPROVING VAC 12-4219 SUBMITTED BY
JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 2514
NEW SCHOOL PLACE TO VACATE PORTIONS OF EXISTING
EASEMENTS AND RIGHT-OF-WAY
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 existing easements and right-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 easements and right-of-way as shown in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached 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 following Conditions of Approval
and shall not be in effect until the conditions are met:
1. AEP/SWEPCO shall be reimbursed by the owner/developer for relocating the
streetlight in the old street right-of-way that is being vacated. This shall be completed
prior to building permit for LSD 12-4217.
2. The owner/developer shall connect the relocated water line to the six-inch water line
on Hiram Davis Place. Sewer extensions along Sunbridge Drive shall be evaluated in
lieu of multi-bend sewer reroute. The owner/developer shall follow the City's Water
and ' Sewer Department's directions for all necessary sewer extensions and
connection. This shall be completed prior to issuance of construction permits for LSD
12-4217.
3. New easements shall be dedicated by easement plat or separate document prior to
issuance of a building permit for LSD 12-4217.
4. Relocation or damage to existing utilities shall be at the owner/developer's expense.
FXHIRIT " A "
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EXHIBIT "B"
VAC 12-4219
LEGAL DESCRIPTION (RIGHT-OF-WAY):
A PORTION OF PUBLIC STREET N. NEW SCHOOL PLACE OF FAYETTEVILLE,
ARKANSAS, BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS; BEGINNING
AT THE NORTHEAST CORNER OF LOT 17 OF SUNBRIDGE CENTER SUBDIVISION IN
FAYETTEVILLE, ARKANASAS, AS PER PLAT ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, THENCE ALONG A CURVE TO THE LEFT 241.18 FEET, SAID CURVE
HAVING A RADIUS OF 50.00 FEET AND A CHORD BEARING S89059'56"E 66.67 FEET,
THENCE ALONG A CURVE TO THE RIGHT 21.03 FEET, SAID CURVE HAVING A
RADIUS OF 25.00 FEET AND A CHORD BEARING N24005'55"W 20.42 FEET, THENCE
S89059'54"W 50.00 FEET, THENCE ALONG A CURVE TO THE RIGHT 21.03 FEET, SAID
CURVE HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING S24005'39"W
20.41 FEET TO THE P.O.B., CONTAINING 0.19 ACRES MORE OR LESS
LEGAL DESCRIPTION (EASEMENT# 1):
A PORTION OF LOT 17 & 18 OF SUNBRIDGE CENTER SUBDIVISION IN
FAYETTEVILLE ,ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF LOT 18 THENCE S82009'00"E 220.41
FEET TO THE P.O.B., THENCE NORTH 371.77 FEET, THENCE S84°07'52"E 20.11 FEET,
THENCE SOUTH 372.47 FEET, THENCE N82°09'00"W 20.19 FEET TO THE P.O.B.,
CONTAINING 0.17 ACRES MORE OR LESS
LEGAL DESCRIPTION (EASEMENT# 2):
A PORTION OF LOT 17 & 13 OF SUNBRIDGE CENTER SUBDIVISION AND PART OF
LOT 5 OF SUNBRIDGE EAST ALL IN FAYETTEVILLE, ARKANSAS, AS PER PLAT ON
FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED MORE
PARTICULARLY AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT
17 THENCE N82009'00"W 10.12 FEET, THENCE NO1°04'38"W 281.41 FEET, THENCE
ALONG A CURVE TO THE RIGHT 105.83 FEET, SAID CURVE HAVING A RADIUS OF
75.00 FEET AND A CHORD BEARING N25°04'31"W 126.67 FEET, THENCE S84°07'52"E
30.05 FEET, THENCE ALONG A CURVE TO THE LEFT 241.18 FEET, SAID CURVE
HAVING A RADIUS OF 50.00 FEET AND A CHORD BEARING S89059'56"E 66.67 FEET,
THENCE ALONG A CURVE TO THE RIGHT 21.03 FEET, SAID CURVE HAVING A
RADIUS OF 25.00 FEET AND A CHORD BEARING N24005'55"W 20.42 FEET, THENCE
S89059'33"E 25.00 FEET, THENCE ALONG A CURVE TO THE RIGHT 170.39 FEET, SAID
CURVE HAVING A RADIUS OF 75.00 FEET AND A CHORD BEARING S16053'58"W
136.04 FEET, THENCE SOI-04'38"E 283.26 FEET, THENCE N88°01'20"W 10.01 FEET TO
THE P.O.B., CONTAINING 0.3 ACRES MORE OR LESS.
LEGAL DESCRIPTION (EASEMENT# 3"-
A PORTION OF LOT 13 OF SUNBRIDGE CENTER SUBDIVISION IN FAYETTEVILLE
,ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING
DESCRIBED MORE PARTICULARLY AS FOLLOWS; BEGINNING AT THE
NORTHEAST CORNER OF LOT 17 THENCE S81005'33"E 302.83 FEET, THENCE
N71035'46"W 264.53 FEET, THENCE ALONG A CURVE TO THE RIGHT 65.00 FEET,
SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CHORD BEARING
S52045'28"W 60.52 FEET TO THE P.O.B., CONTAINING 0.14 ACRES MORE OR LESS.
LEGAL DESCRIPTION BOUNDARY (ORIGINAL):
A PART OF THE SI/2 OF THE SW1/4 OF SECTION 35, T17N, R30W AND LOTS 10, 11, 13,
17 AND 18 OF SUNBRIDGE CENTER AND LOT 5 OF SUNBRIDGE EAST ALL IN
FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SW
CORNER OF SAID LOT 18 OF SUNBRIDGE CENTER THENCE NORTH 319.02 FEET,
THENCE ALONG A CURVE TO THE LEFT 78.54 FEET, SAID CURVE HAVING A
RADIUS OF 50.00 FEET AND A CHORD BEARING AND DISTANCE OF N45000'14"E
70.71 FEET, THENCE S84°07'52"E 375.31 FEET, THENCE ALONG A CURVE TO THE
LEFT 241.18 FEET, SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CHORD
BEARING AND DISTANCE OF S89059'54"E 66.67 FEET, THENCE ALONG A CURVE TO
THE RIGHT 21.03 FEET, SAID CURVE HAVING A RADIUS OF 25.00 FEET AND A
CHORD BEARING AND DISTANCE OF N24005'55"W 20.42 FEET, THENCE NORTH
57.70 FEET, THENCE EAST 340.00 FEET, THENCE NORTH 171.44 FEET, THENCE EAST
592.49 FEET, THENCE S01°39'08"W 325.04 FEET, THENCE EAST 337.80 FEET, THENCE
S01038'58"W 345.42 FEET, THENCE N89002'26"W 891.55 FEET, THENCE N88°01'20"W
379.00 FEET, THENCE N82°09'00"W 466.83 FEET TO THE P.O.B.; CONTAINING 19.23
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION BOUNDARY (PROPOSED):
A PART OF THE S1/2 OF THE SWI/4 OF SECTION 35, T17N, R30W AND LOTS 10, 11, 13,
17 AND 18 OF SUNBRIDGE CENTER AND LOT 5 OF SUNBRIDGE EAST ALL IN
FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SW
CORNER OF SAID LOT 18 OF SUNBRIDGE CENTER THENCE NORTH 319.02 FEET,
THENCE ALONG A CURVE TO THE LEFT 78.54 FEET, SAID CURVE HAVING A
RADIUS OF 50.00 FEET AND A CHORD BEARING AND DISTANCE OF N45000'14"E
70.71 FEET, THENCE S84007'52"E 375.31 FEET, ALONG A CURVE TO THE LEFT 21.03
FEET, SAID CURVE HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING
N24005'39"E 20.41 FEET, THENCE S89059'54"W 50.00 FEET, THENCE NORTH 57.70
FEET, THENCE EAST 340.00 FEET, THENCE NORTH 171.44 FEET, THENCE EAST
592.49 FEET, THENCE SO1°39'08"W 325.04 FEET, THENCE EAST 337.80 FEET, THENCE
SO1038'58"W 345.42 FEET, THENCE N89°02'26"W 891.55 FEET, THENCE N88°01'20"W
379.00 FEET, THENCE N82009'00"W 466.83 FEET TO THE P.O.B.; CONTAINING 19.42
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
Washington County,AR
I certify this instrument was filed on
12/17/2012 09:22:23 AM
and recorded in Real Estate
File Number 2012-00038015
Bette Stamps- Circuit Clerk
by v
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/20/2012
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
VAC 12-4219: Vacation (2514 NEW SCHOOL PL./THE NEW SCHOOL, 290): Submitted by JORGENSEN AND
ASSOCIATES for property located at 2514 NEW SCHOOL PLACE. The property is zoned R-O, RESIDENTIAL
OFFICE AND C-2, THOROUGHFARE COMMERCIAL, and contains 19.23 acres. The request is to vacate a portion
of existing easements and right-of-way.
Cost of this request Category/Project Budget Program Category I Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
�1 11 Lr ,T'& 71.11E.'14j4,/ Previous Ordinance or Resolution#
Depanmon Dir for Date
Original Contract Date:
r
Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City
Clerk's Office
Chief of Sta Date EHTfRE
Received in
Mayors Office
A. U
M r Da e
Comments:
Revised January 15,2009
•
ayetve e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff ��QQ
Jeremy Pate, Development Services Directortl,
From: Andrew Garner, Senior Planner
Date: October 23, 2012
Subject: VAC 12-4219 (New School)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate existing utility easements
and right-of-way.
BACKGROUND
The subject property is the New School campus on the south side of Sunbridge Drive. The New School is a
private school for preschool students through 71 grade. The overall site contains approximately 19.23 acres and
is zoned R-O, Residential Office and C-2,Thoroughfare Commercial.
The applicant recently received large scale development approval on September 24, 2012 (LSD 12-4217) to
construct a new preschool/auditorium building of 46,905 square feet along with new parking lots. The
applicant's request is to vacate street right-of-way for the cul-de-sac at the end of New School Place and utility
easements within the site, as indicated on the attached exhibits. New School Place dead-ends into the school
campus and is being reconfigured with the new development and the new building is proposed over the existing
utility easements. Prior to construction of the new building and reconfigured parking access the easements and
right-of-way must be vacated.
DISCUSSION
On October 22, 2012, the Planning Commission forwarded this item to the City Council with a recommendation
of approval with a vote of 7-0-1 (Commissioner Cabe recused).
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 12-4219 SUBMITTED
BY JORGENSEN AND ASSOCIATES FOR PROPERTY
LOCATED AT 2514 NEW SCHOOL PLACE TO VACATE
PORTIONS OF EXISTING EASEMENTS AND RIGHT-OF-
WAY
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 existing easements and right-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 easements and right-of-way as shown in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached 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 following the Conditions of Approval
and shall not be in effect until the conditions are met.
1. AEP/SWEPCO shall be reimbursed by the owner/developer for relocating the
streetlight in the old street right-of-way that is being vacated. This shall be completed
prior to building permit for LSD 12-4217.
2. The owner/developer shall connect the relocated water line to the six-inch water line
on Hiram Davis Place. Sewer extensions along Sunbridge Drive shall be evaluated in
lieu of multi-bend sewer reroute. The owner/developer shall follow the City's Water
and Sewer Department's directions for all necessary sewer extensions and
connection. This shall be completed prior to issuance of construction permits for LSD
12-4217.
3. New easements shall be dedicated by easement plat or separate document prior to
issuance of a building permit for LSD 12-4217.
4. Relocation or damage to existing utilities shall be at the owner/developer's expense.
Ord. Pg 2
PASSED and APPROVED this day of 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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f}1JORGENSEN & ASSOCIATES, EASEMENT VACATION PLAT ��
-- — THE NEW SCFI O
EXHIBIT `B"
VAC 12-4219
LEGAL DESCRIPTION (RIGHT-OF-WAY):
A PORTION OF PUBLIC STREET N. NEW SCHOOL PLACE OF FAYETTEVILLE,
ARKANSAS, BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS; BEGINNING
AT THE NORTHEAST CORNER OF LOT 17 OF SUNBRIDGE CENTER SUBDIVISION IN
FAYETTEVILLE, ARKANASAS, AS PER PLAT ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, THENCE ALONG A CURVE TO THE LEFT 241.18 FEET, SAID CURVE
HAVING A RADIUS OF 50.00 FEET AND A CHORD BEARING S89059'56"E 66.67 FEET,
THENCE ALONG A CURVE TO THE RIGHT 21.03 FEET, SAID CURVE HAVING A
RADIUS OF 25.00 FEET AND A CHORD BEARING N24005'55"W 20.42 FEET, THENCE
S89059'54"W 50.00 FEET, THENCE ALONG A CURVE TO THE RIGHT 21.03 FEET, SAID
CURVE HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING S24005'39"W
20.41 FEET TO THE P.O.B., CONTAINING 0.19 ACRES MORE OR LESS
LEGAL DESCRIPTION (EASEMENT# 1):
A PORTION OF LOT 17 & 18 OF SUNBRIDGE CENTER SUBDIVISION IN
FAYETTEVILLE ,ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF LOT 18 THENCE S82009'00"E 220.41
FEET TO THE P.O.B., THENCE NORTH 371.77 FEET, THENCE S84°07'52"E 20.11 FEET,
THENCE SOUTH 372.47 FEET, THENCE N82°09'00"W 20.19 FEET TO THE P.O.B.,
CONTAINING 0.17 ACRES MORE OR LESS
LEGAL DESCRIPTION (EASEMENT #2):
A PORTION OF LOT 17 & 13 OF SUNBRIDGE CENTER SUBDIVISION AND PART OF
LOT 5 OF SUNBRIDGE EAST ALL IN FAYETTEVILLE, ARKANSAS, AS PER PLAT ON
FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED MORE
PARTICULARLY AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT
17 THENCE N82009'00"W 10.12 FEET, THENCE N01°04'38"W 281.41 FEET, THENCE
ALONG A CURVE TO THE RIGHT 105.83 FEET, SAID CURVE HAVING A RADIUS OF
75.00 FEET AND A CHORD BEARING N25°04'31"W 126.67 FEET, THENCE S84°07'52"E
30.05 FEET, THENCE ALONG A CURVE TO THE LEFT 241.18 FEET, SAID CURVE
HAVING A RADIUS OF 50.00 FEET AND A CHORD BEARING S89059'56"E 66.67 FEET,
THENCE ALONG A CURVE TO THE RIGHT 21.03 FEET, SAID CURVE HAVING A
RADIUS OF 25.00 FEET AND A CHORD BEARING N24005'55"W 20.42 FEET, THENCE
S89059'33"E 25.00 FEET, THENCE ALONG A CURVE TO THE RIGHT 170.39 FEET, SAID
CURVE HAVING A RADIUS OF 75.00 FEET AND A CHORD BEARING S16053'58"W
136.04 FEET, THENCE SOI-04-38"E 283.26 FEET, THENCE N88°01'20"W 10.01 FEET TO
THE P.O.B., CONTAINING 0.3 ACRES MORE OR LESS.