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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. III '1 II � •Sv 'Yi 1— 11:J A N I I - - - - SUBJECT PROPERTY II �•: l ¢ it I � r � . w r 1�1 III PRAIRIE 5T i I '11 - 7}Y� •t Legend,'__ -', '•,i , o 1; ............. 11AUIt.-wia Trail (Existing) - 5TH ST Fa.iffevIIl6 Oily Limits LogW ,,uAC13-4460 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 _ .� � ••� tI � �I � _ J I U r . — �—1 I I 1 15 - 7 l A CI r 5 IT j _ y WC Z — T!. •III I I •. � •=11 , , � . .; ,+"'. I .JI— .�•• [_ _S '.17. ''• � �'—I rV•I i�—I �:.�}. it •�l District 40 Y'I �}M1ti �—,1r II•.� 'ill I. r 11 -aII7i 0 37.5 75 150 225 300 Feel 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 M1 0 g as a �. oala za 5 51 ji (AM VW a>R. 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BOX 1607, 72702 1 479-442-1700 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, 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 / My Commission Expires: � 1z" 1 `y 21 i�as ii 2'�'4 **NOTE** Please do not pay from Affidavit. Invoice will be sent.