HomeMy WebLinkAboutOrdinance 5543 KIndDoc ID: 014938920006 Type: REL
RNOE
ecorded�I12/17/2032 at
Fee Amt: $40.00 Page 1 of9622:23 AM
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
FXWIRIT rr rr
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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.
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 S81°05'33"E 302.83 FEET, THENCE
N71°35'46"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
S52°45'28"W 60.52 FEET TO THE P.O.B., CONTAINING 0.14 ACRES MORE OR LESS.
LEGAL DESCRIPTION BOUNDARY (ORIGINAL):
A PART OF THE S1/2 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 N45°0014"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 S89°5954"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 N24°05'55"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 SOI °39'08"W 325.04 FEET, THENCE EAST 337.80 FEET, THENCE
S01°38'58"W 345.42 FEET, THENCE N89°0226"W 891.55 FEET, THENCE N88°0120"W
379.00 FEET, THENCE N82°0900W 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 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 N45°00'14"E
70.71 FEET, THENCE S84°0752"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
N24°0539E 20.41 FEET, THENCE S89°5954"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 S01°39'08"W 325.04 FEET, THENCE EAST 337.80 FEET, THENCE
S01°38'58"W 345.42 FEET, THENCE N89°0226"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 19.42
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
•
ay'1ettevi1e PC Meeting of October 22, 2012
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 Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: October 12 Updated October 23. 2012
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 approximately 19.23 acres. The
request is to vacate portions of existing easements and right-of-way.
Planner: Andrew Garner
Findings:
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 7th grade. The overall
site contains approximately 19.23 acres and is zoned R -O, Residential Office and C-2,
Thoroughfare Commercial. Surrounding land use and zoning is depicted in Table 1.
Table I
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North and West
Office
R -O, Residential Office
South
Mixed commercial uses on Township Street
C-2, Thoroughfare
Commercial
East
Undeveloped
C-2, Thoroughfare
Commercial
Request: 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.
The applicant has submitted the required easement vacation notification forms to the
utility companies and to the City with the results summarized below.
G:\ETC\Development Services Review\2012\Development Review\12-4219 VAC 191 E. Sunbridge (The New School)\03
Planning Commission\10-22-2012\Comments and Redlines
UTILITIES
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
AT&T No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Public Comment: No public comment has been received.
Recommendation: Finding that adequate access and utility easements exist to serve the
subject and surrounding property, staff recommends forwarding VAC 12-4219 to the
City Council with a recommendation for approval subject to the following conditions:
1. AEP/SWEPCO shall be reimbursed 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 relocated water line shall connect to the six-inch water line on Hiram
Davis Place. Sewer extensions along Sunbridge Drive should be evaluated in
lieu of multi -bend sewer reroute. 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.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: October 22, 2012
Motion: Cook
Second: Chesser
Vote: 7-0-1 (Cabe recused)
G:\ETC\Development Services Review\2012\Development Review\12-4219 VAC 191 E. Sunbridge (The New School)\03
Planning Commission\10-22-2012\Comments and Redlines
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 . FAYETTEVILLE, ARKANSAS 72703 - (479) 442-9127 FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
JUSTIN L. JORGENSEN, P.E.
BLAKE E. JORGENSEN, P.E.
JARED S. INMAN, P.E.
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Attn: Planning Commission & City Council
Re: The New School Vacation
As part of a Large Scale Development for an addition to the New School, existing easements and
right-of-way need to be vacated. Currently the campus has a private drive at the northeast corner, this
drive services the existing Arts/Annex and the Existing Middle School. The primary ingress is through
'New School Place', this Cul-de-sac street has two parking lots branching off of it and an existing
asphalt drive loops to the west to `Hiram Davis Place'. The proposed development will essentially re-
create the same driving patterns; however, the plan is to convert the 'New School Place' Cul-de-sac into
a through street to the west over to `Hiram Davis Place'. The intention is to create a safer driving pattern
at the main entrance to the facilities off of 'New School Place' and have a designated `Access Easement'
that will route traffic east and west. To remove the circulatory pattern of the existing cul-de-sac, a
portion of the existing right-of-way will be vacated and the street will be re -configured as per the plans.
Vacation of existing easements will be offset with the installation of new utilities and accompanying
easements.
Please contact us with any questions or comments. We look forward to your assistance.
Sincerely;
ke orgensen, P.E.
PUBLIC WORKS' LAND DEVELOPMENT. WATER SYSTEMS. WASTEWATER SYSTEMS LAND SURVEYING'
PETITION TO VACATE EASEMENTS & RIGHT-OF-WAY LOCATED IN THE CITY OF
FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement, hereinafter sought to he
abandoned and vacated, lying, City of Fayetteville. Arkansas, a municipal corporation, petition to vacate
Right -of -Way & Easements which are described as follows:
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, ARKANSAS,
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 S89°59'56"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 N24°05'SS"W 20.42 FEET, THENCE
S89°59'54"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 524°0539"W 20.41 FEET TO THE
P.O.B., CONTAINING 0.19 ACRES MORE OR LESS
LEGAL DESCRIPTION (EASEMENT 8 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 S82°09'00"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°0900"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 FAYE'ITF:VILLE, ARKANSAS, AS PER PLAT ON FILE IN THE
OFFICE. OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY.
ARKANSAS, AND BEING DESCRIBE[) MORE PARTICULARLY AS FOLLOWS: BEGINNING AT
THE SOUTHEAST CORNER OF LOT 17 THENCE N82°09'00"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 589°59'56"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 N24°05'55"W 20.42 FEET, THENCE S89°59'33"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 S16°53'58"W 136.04 FEET. THENCE S01°04'38"E 283.?6 FEET. THENCE
N88°01'20W 10.01 FEET TO THE P.O.B., CONTAINING 0.3 ACRES MORE OR LESS.
LEGAL DESCRIPTION (EASEMENT i! 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 S81°O5'33"E 302.83 FEET, THENCE N71°35'46"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 S52°45'28"W 60.52 FEET TO THE P.O.B., CONTAINING 0.14 ACRES MORE OR
LESS.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real
estate, subject, however, to the existing utility easements and sewer easements as required, and that the
above described real estate be used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer
easements, and that title to said real estate sought to be abandoned be vested in the abutting property
owners as provided by law, and as to that particular land the owners be free from the easements of the
public for the use of said alley.
Daredthis "Inttdayof (*.fn ( 3-Oi L
Printed Name: '•H r il
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JORGENSEN & ASSOCIATES - k.�. "$.el:' •3 € E
• s c EASEMENT VACATION PLAT FOR+
cnu i.rin eeaa• rnre ra n. _ �
TH� R
........ _.-. ....... .. _._ . -. ....... THE NEW SCHOOL
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JORGENSEN & ASSOCIATES SCHPL N '
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1, i�, •v �:n.iµ. ., e.. na �LARGE SCACFOF.YECOSd-I OL. I,
THE NEW
m
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 9 5 I Z
UTILITY COMPANY: AEP/SWEPCO
APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 442-9127
REQUESTED VACATION (applicant must check all that apply):
— Utility Easement
— Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows;
General location I Address (referring to attached document- must be completed**)
**
(A TTA CH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above,
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• SLNo objections provided the following conditions Zr met:
G -e• 1 / t" r✓%7 rH� -fi7"1'17 1 , In te 01d r-3
Sig re ofUUtility. Company pr/ esentalive
�. .r ltrrtSlJjJsri �Jit/]r✓t�¢r
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: City of Fayetteville (Solid Waste)
APPLICANTNAME: Jorgensen & Associates APPLICANTPHONE: 442-9127
REQUESTED VACATION (applicant must check gjj that apply):
- Utility Easement
- Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
- Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be -completed * *)
r ;a
(ATTACMlegal description and graphic representation ofwhat is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
i
• No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
Signature of Utility Company Rc cscnt:rtivc
Li..i.r .'alt. i' C t .�
Title
July 1009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITYCOMPANY: City of Fayetteville (Water & Sewer)
APPLICANTNAME: Jorgensen & Associates APPLICANTPHONE: 442-9127
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed")
s*
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
. No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
No objections providedthefollowing conditionare met: /
(ne/ t iii r Le. iree f/5 £rb f.t�cI k 7 1 �E lv�t�fi a,4v � tc
I1f1fQl!1 � cif � / A�i .< P! L S ss /r� ar •- Aura i I ,Q 4° ( .E2�I6'J = ' 41 c/
Signature of Utility C)fiitpany Represem:uive
Glir,P.S
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 9/5/2012
UTILITY COMPANY: Cox Communications
APPLICANTNAME: Jorgensen & Associates APPLICANTPHONE: 442-9127
REQUESTED VACATION (applicant most check all that apply):
— Utility Easement
— Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
Alley
— Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
**
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
Will need new easement around perimeter of this project to relocate
existing fiber line.
• No objections provided the following conditions are met:
Existing fiber line that is within this easement will have to be
relocated at the developers expense.
Signature of Utility Co np epresemativc
Construction Planner II NWA
Title
Jvty 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGIIT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: S Oe.-r-ce. G
APPLICANT NAME: Jorgensen & Associates APPLICANT PIIONE: 442-9127
REQUESTI?D VACATION (trpplicant nuts! check all that apply):
Utility Easement
Right-ot way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified oldie petition to vacate the following (alley, eare)iienl. rig/u-o/-way), described as lolluws:
General location / Address (referring to attached document- must be complettedd*")
"» a.�J f`Y /l ��G�oo ! /are //U. A2._
(A TT.4CII legal description ant/graphic representation ojl that is being vacated .SL'RVF, Y)
UTILITY COMPANY COMMENTS:
• No objections to the vacations) described above.
No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensionsand purpose below.)
• No objections provided the following conditions are met:
i/c t?/%L
L /.�-, !ltd , OZ.- !4, le,:(lCf '-r'r.. Ca�
I l / e L LeL 'J[[(-: 1,L{C-�C' l / C/ ,, J- /LL4 ��fl� !'L % L /(..m ,ems(' e,,!.(
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tr�J
Signature of Utility Company Representative
JNy]unti
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: AT&T
APPLICANTNAME; Jorgensen & Associates APPLICANTPHONE: 442-9127
REQUESTED VACATION (applicant must check a(( that apply):
)( Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
** NEW SCRCOL A l ltlor
(A TTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
ALL C IST/NC, AT4-T/SL._16T TELPNDME FPGILrTneS LCCAT6D
wrra,N t=ASEMa it TO BE VACATED W ILL NJ EXD To I3E 'RELOCAMD
AT THE OWNEF,/DevELOPEIeS EXPENSE 13E ORE VACPrTIUN
��Sea4nv� �5et.t_A olt�
Signature of Utility Company Representative
ENG%Lws OS? ltc5IGN
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: r, / /2.
2.
UTILITY COMPANY: City of Fayetteville (Transportation)
APPLICANT NAME: Jorgensen & Associates
REQUESTED VACATION (applicant insist check all that apply):
Utility Easement
APPLICANT PHONE; 442- 9127
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
L✓
Street right -of --way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
s<
(ATTACH legal description and graphic representation of what is being vacated-SUR VEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
lJs5rS7E$r 7- 7��/l t tl�cw� �V74fl/d 6t. ,,
Tittle
July 2009
Page 5
VAC 12-4219
Close Up View
THE NEW SCHOOL
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— Hillside -Hilltop Overlay District
L _! Design Overlay Di trict
Design Overlay Di trict
0 75 150 300 450 600
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NORTHWEST ARKANSAS DEMOCRATGAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
ThE MORNING NEWS OF
NEWSPAPEI&C NOTIMES
ENTON COUNTY DAILYWEST ECD D
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 I P.O. BOX 1607, 72702 1 479442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Holly Andrews, do solemnly swear that I am the Legal Clerk
of the Northwest Arkansas Newspapers, LLC, printed
and published in Washington and Benton County, Arkansas,
of bona fide circulation, that from my own personal
knowledge and reference to the files of said publication,
the advertisement of:
CITY OF FAYETTEVILLE
Ord No. 5543
Was inserted in the Regular Editions on:
Dec. 6, 2012
Publication Charges: $ 110.24
Holly Andrews
Subscribed and sworn to before me
This 2-1 day of�QL, 2012.
Notary Public _ r'ut' My Commission Expires:
E
J. WILES
Benton CountyMyCommission Expires
February20, 2014
**NOTE** Please do not pay from Affidavit. Invoice will follow.
RECEIVED
JAN 022073
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE