HomeMy WebLinkAboutOrdinance 5616Doc ID: 00431710003 Type: REL
Kind,' ORDINANCE
Recorded: 10/07/2013 at 09:04:25 AM
Wdehina n2Cou0t VaAAR1 of 3
Kyle Sylvester CirWit Clerk
File2013-00034036
ORDINANCE NO. 5616
AN ORDINANCE APPROVING VAC 13-4460 SUBMITTED BY JACOBS
NEWELL COMPANY FOR PROPERTY LOCATED AT 423 PRAIRIE
STREET, TO VACATE AN ACCESS EASEMENT, A TOTAL OF 0.02
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 access 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 access easement 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.
PASSED and APPROVED this 17" day of September, 2013.
APPROVED:
ATTEST:
By:
By: �tl� .L-
ELD J AN, Mayor
SONDRA E. SMITH, City Cierkareasurer
hL • • G11 Y ��, s� l
VAC 13-4460
Close Up View
EXHIBIT "A"
423 PRAIRIE AVE.
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Fa.iffevIIl6 Oily Limits
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Footprints 2010
- Hillside -Hilltop (
Design Overlay
Design Overlay
------ Planning Area
District
0 37.5 75 150 225 300
Feet
EXHIBIT "B"
VAC 13-4460
ACCESS EASEMENT VACATION LEGAL DESCRIPTION
A PART OF LOT 10, 11 & 12 OF BLOCK 13 IN FERGUSON'S ADDITION IN
FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDEO IN THE OFFICE OF THE
CIRCUIT CLERK ANO EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NE
CORNER OF SAID LOT 12 THENCE S02040'43"W 118.13 FEET, THENCE ALONG A
CURVE TO THE RIGHT 0. 67 FEET, SAID CURVE HAVING A RADIUS OF 32.00 FEET
AND A CHORD BEARING OF S41047'46"W 0.67 FEET, THENCE S42°23'59"W 25.34
FEET, THENCE ALONG A CURVE TO THE LEFT 12.27 FEET, SAID CURVE HAVING A
RADIUS OF 15.0' AND A CHORD BEARING OF S18057'45"W 11.93 FEET, THENCE
N87024'20"W 21.80 FEET, THENCE N42°23'59"E 50.26 FEET, THENCE ALONG A
CURVE TO THE LEFT 13.70 FEET, SAID CURVE HAVING A RADIUS OF 20.0 FEET
AND A CHORD BEARING OF N22046'41 "E 13.43 FEET, THENCE S86°50'36"E 1.78
FEET, THENCE N05°59'53"E 18.45 FEET, THENCE NOI-17'32"E 41.49 FEET, THENCE
N03021'38"E 38.44 FEET, THENCE S88°14'29"E 2.73 FEET TO THE P.O.B.;
CONTAINING 0.02 ACRES (964 S.F.) MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
10/07/2013 09:04:25 AM
and recorded in Real Estate
File Number2013-00034036
Kyle Sylvester- Giccuft Clerk
by
City of Fayetteville Staff Review Form
Andrew Garner
Submitted By
City Council Agenda Items
and
Contracts, Leases or Agreements
9/1712013
City Council Meeting Date
Agenda Items Only
Planning Development Services
Division Department
Action
VAC 13-4460: VACATION (423 PRAIRIE AVE, 523): Submitted by JACOBS NEWELL for property located at
Prairie Ave. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0,16 acres. The
is to vacate an access easement.
Cost of this request
Account Number
Project Number
Budgeted Item
Category I Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
—�RMX (,,W �l ot:2s.-01%
Department Di ctor Date
-6--4-13
City Attorngy✓ Date
To,0. - (�-� 9 2-9 zu t 3
Finance and Internal Services Director Date
g-k-s
Date
D to
Program Category I Project Name
Program I Project Category Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
KIM
Received in City
Clerk's Office
2�
Received in
D
Mayor's Office
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
KANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director 41
From: Andrew Garner, Senior Planner
Date: August 29, 2013
Subject: VAC 13-4460 (423 Prairie Avenue/Jacobs Newell)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate an access easement.
BACKGROUND
The subject property is located northeast of the intersection of West Avenue and Prairie Street in downtown
Fayetteville. A few years ago a mixed use development was approved for this property and improvements to the
alley adjacent to the eastern portion of the site were planned. The alley was to be widened slightly and re-routed
through a new parking lot in the site. To accommodate the alley improvements outside of the right-of-way an
access easement was platted. The mixed use development is not taking place and the current property owners
are developing the site for single family homes. These homes do not require widening the alley and the access
easement is no longer necessary.
The applicant's request is to vacate the access easement on their property as indicated on the submitted exhibit.
As this is only an access easement on the applicant's property, not a utility easement, permission from the
franchise utilities and City utility departments is not needed.
DISCUSSION
On August 26, 2013, the Planning Commission forwarded this item to the City Council with a recommendation
of approval with a vote of 7-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 13-4460 SUBMITTED
BY JACOBS NEWELL COMPANY FOR PROPERTY
LOCATED AT 423 PRAIRIE STREET, TO VACATE AN
ACCESS EASEMENT, A TOTAL OF 0.02 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 access 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 access easement 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.
PASSED and APPROVED this
"MIT019D
day of 12013.
ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
VAC 13-4460
Close Up View
M
koog&VAC13-4460
- Footprints 2010
- Hillside -Hilltop <
Design Overlay
Design Overlay
------ Planning Area
EXHIBIT "A"
423 PRAIRIE AVE.
SUBJECT PROPERTY
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EXHIBIT "B"
VAC 13-4460
ACCESS EASEMENT VACATION LEGAL DESCRIPTION
A PART OF LOT 10, 11 & 12 OF BLOCK 13 IN FERGUSON'S ADDITION IN
FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDEO IN THE OFFICE OF THE
CIRCUIT CLERK ANO EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NE
CORNER OF SAID LOT 12 THENCE S02040'43"W 118.13 FEET, THENCE ALONG A
CURVE TO THE RIGHT 0. 67 FEET, SAID CURVE HAVING A RADIUS OF 32.00 FEET
AND A CHORD BEARING OF S41047'46"W 0.67 FEET, THENCE S42°23'59"W 25.34
FEET, THENCE ALONG A CURVE TO THE LEFT 12.27 FEET, SAID CURVE HAVING A
RADIUS OF 15.0' AND A CHORD BEARING OF S18057'45"W 11.93 FEET, THENCE
N87024'20"W 21.80 FEET, THENCE N42°23'59"E 50.26 FEET, THENCE ALONG A
CURVE TO THE LEFT 13.70 FEET, SAID CURVE HAVING A RADIUS OF 20.0 FEET
AND A CHORD BEARING OF N22046'41 "E 13.43 FEET, THENCE S86°50'36"E 1.78
FEET, THENCE N05°59'53"E 18.45 FEET, THENCE NOI°17'32"E 41.49 FEET, THENCE
N03021'38"E 38.44 FEET, THENCE S88°14 '29"E 2.73 FEET TO THE P.O.B.;
CONTAINING 0.02 ACRES (964 S.F.) MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY OF RECORD.
aTyeVIKANSAS
PC Meeting of August 26, 2013
TIlL CY[Y OP FAVL'I ILVILL L. AkkANSAS
125 W. Mountain St.
Fayetteville, Alt 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: ^ Undated August 29, 0013
VAC 13-4460:
VACATION (423 PRAIRIE AVE,
523):
Submitted
by JACOBS
NEWELL for
property located at 423 Prairie Ave.
The
property is
zoned DG,
DOWNTOWN
GENERAL and contains approximately
0.16
acres. The
request is to
vacate an access easement.
Findings:
Planner: Andrew Garner
Property and Background: The subject property is located northeast of the intersection of
West Avenue and Prairie Street in downtown Fayetteville. A few years ago a mixed use
development was approved for this property and improvements to the alley adjacent to the
eastern portion of the site were planned. The alley was to be widened slightly and re-routed
through a new parking lot in the site. To accommodate the alley improvements outside of the
right-of-way an access easement was platted. The mixed use development is not taking place
and the current property owners are developing the site for single family homes. These
homes do not require widening the alley and the access easement is no longer necessary.
Surrounding land use and zoning is depicted in Table 1.
Table 1
Surroundina Land Use and Zoning
Direction from Site
Land Use
—Zoning
North
Single family residence
DG, Downtown
General
South
Greenhouse Grille restaurant
MSC, Main Street
Centre
East
Multi -family and single-family residential
MSC, Main Street
Centre
West
Undeveloped property/Frisco multi -use trail corridor
DG, Downtown
General
Request: The applicant's request is to vacate the access easement on their property as
indicated on the submitted exhibit.
Easement Vacation Approval: As this is only an access easement, not a utility easement,
permission from the franchise utilities and City utility departments is not needed.
Public Comment: No public comment has been received.
G:\ETC\Development Services Review\2013\Development Review\13-4460 VAC 423 Prairie (Jacob & Newell)\03 Planning
Commission\08-26-2013\Comments and Redlines
Recommendation: The access easement is not necessary as the public alley is being retained
and provides adequate access to the adjacent properties. Staff recommends forwarding VAC
13-4460 to the City Council with a recommendation for approval.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: August 26, 2013
Motion: Cook
Second: Chesser
Vote: 7-0-0
Notes: On consent agenda
GAEMDevelopment Services Review\2013\Development Review\I3-4460 VAC 423 Prairie (Jacob & Newell)\03 Planning
Commission\08-26-2013\Comments and Redlines
July 17, 2013
Andrew M. Gamer
Senior Planer
City of Fayetteville
125 West Mountain Street
Fayetteville, AR 72701
RE: Tract D —Access Easement Vacation Request
Mr. Gamer,
We are requesting a vacation of an existing access easement located within Tract D - Parcel # 765 - 05481 -
000, and running North into Tract A, Tract B, Tract C — Parcel # 765 — 05482 — 000, found on the Southeast
comer of S West Avenue and W Prairie Street in Fayetteville, Arkansas. This access easement is a section of
a once planned parking lot from a previous site plan dating back to October 2, 2007. Along with the required
documentation for this vacation request, you will find a reference copy of the previous site plan from
October 2, 2007 specifically highlighting the area of vacation in closer detail.
• The scope, nature, and intent of this request is for an existing access easement inherited from the
previous property owner's site plan, be vacated to allow proper future arrangement of a new
development by Jacobs + Newell Company.
Sincerely,
:;F_�.V W•VO4h 1
Bill Cochran, Project Manager
Jacobs + Newell Company
bcochrana, *acobsnewelIcompany.com
501,282.6353
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6TH ST
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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, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5616
Was inserted in the Regular Editions on:
September 26, 2013
Publication Charges: $ 71.34
Subscribed and sworn to before me
This 26 day of , 2013.
['JLL
Notary Public /
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**NOTE**
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