HomeMy WebLinkAboutOrdinance 5622Doc ID: 015465550003 Type: REL
Kind: ORDINANCE
Recorded. FeeAmt: $25.00/Page 1tof93 1:03 AM
Nashington County, AR
Kyle Sylvester Clrcult Clerk
File2013-00036521
ORDINANCE NO.5622
AN ORDINANCE APPROVING VAC 13-4478 SUBMITTED BY
MCCLELLAND ENGINEERING CONSULTING FOR PROPERTY LOCATED
AT 163 VAN ASCHE LOOP, TO VACATE A PORTION OF A DRAINAGE
EASEMENT, A TOTAL OF 0.03 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 drainage 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 drainage 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.
Section 3: That this vacation approval is subject to the Condition of Approval and shall
not be in effect until the condition is met.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this 150' day of October, 2013.
APPROVED:
ATTEST:
By: (Y�/L.c�'� li GYjy,,.ZC, �.�c� •G�ZY Oc •�'�
SONDRA E. SMITH, City Clerk/Treat
FAYETTEVILLE,
AL
C) 4 t66y�/
EXHIBIT "A"
EXHIBIT "B"
VAC 13-4478
A PART OF LOT 1913-4, OF TWIN CREEKS VILLAGE, A SUBDIVISION TO THE CITY
OF FAYETTEVILLE, ARKANSAS PER THE PLAT OF SAID SUBDIVISION ON FILE IN
THE OFFICE OF THE CIRCUIT CLERK AND EXOFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND SAID PART BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST COMER OF SAID LOT 1913-4,
THENCE ALONG THE WEST LINE OF SAID LOT NORTH 07 DEGREES 46 MINUTES 14
SECONDS EAST A DISTANCE OF 70.49 FEET; THENCE LEAVING SAID WEST LOT
LINE SOUTH 87 DEGREES 21 MINUTES 55 SECONDS EAST A DISTANCE OF55.32
FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE NORTH 48 DEGREES 05
MINUTES 32 SECONDS EAST A DISTANCE OF 43.28 FEET; THENCE SOUTH 41
DEGREES 54 MINUTES 28 SECONDS EAST A DISTANCE OF79.53 FEET; THENCE
NORTH 86 DEGREES 54 MINUTES 28 SECONDS WEST A DISTANCE OF9.50 FEET;
THENCE NORTH 49 DEGREES 29 MINUTES 47 SECONDS WEST A DISTANCE OF 46.78
FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 43 SECONDS WEST A DISTANCE
OF 40.27 FEET TO THE POINT OF BEGINNING (P.O.B.), CONTAINING 1219.94 SQUARE
FEET, 0.03 ACRES.
Washington County, AR
I certify this instrument was filed on
10/30/2013 09:01:03 AM
and recorded in Real Estate
File Number 2013-00036521
Kyle Sylvester- Circuit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
10/15/2013
City Council Meeting Date
Agenda Items Only
Quin Thompson Planning Development Services
Submitted By Division Department
13-4478: Vacation (TWIN CREEKS VILLAGE LOT 19134, 211): Submitted by MCCLELLAND CONSULTIN
trty located at 163 VAN ASCHE LOOP. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and
sins approximately 1.18 acres. The request is to vacate a portion of a drainage easement on property.
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
±Dae0
Department ecto
City Attorney Date
Finance and Internal Services Director Date
Date
9 W /_3
D e
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received inCit09 27-i13P02:52 RCVD
Clerk's Office � /1 7
EH ED
Received in
Mayor's Office
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Quin Thompson, Current Planner
Date: September 25, 2013
Subject: VAC 13-4478 (TWIN CREEKS VILLAGE)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a drainage
easement.
BACKGROUND
The subject property is located south of Van Asche Loop, a private street. The property is a part of Twin Creeks
Village (PPL 09-3265,) a commercial sub -division approved in 2009. The original project included an open drainage
and associated easements. A revised design has been constructed, which routes all storm water through an
underground system, makes the original open drainage easement unnecessary.
The applicant's request is to vacate the drainage easement as indicated in "Exhibit A."
The City Transportation Department, has approved the request. No other approvals are required for a drainage
easement.
DISCUSSION
On September 23, 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 13-4478 SUBMITTED
BY MCCLELLAND ENGINEERING CONSULTING FOR
PROPERTY LOCATED AT 163 VAN ASCHE LOOP, TO
VACATE A PORTION OF A DRAINAGE EASEMENT, A
TOTAL OF 0.03 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 drainage 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 drainage 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.
Section 3: That this vacation approval is subject to the Condition of Approval and shall
not be in effect until the condition is met.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this
APPROVED:
By:
LIONELD JORDAN, Mayor
day of , 2013.
ATTEST:
0
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
EXHIBIT "B"
VAC 13-4478
A PART OF LOT 19B-4, OF TWIN CREEKS VILLAGE, A SUBDIVISION TO THE CITY
OF FAYETTEVILLE, ARKANSAS PER THE PLAT OF SAID SUBDIVISION ON FILE IN
THE OFFICE OF THE CIRCUIT CLERK AND EXOFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND SAID PART BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST COMER OF SAID LOT 19B-4,
THENCE ALONG THE WEST LINE OF SAID LOT NORTH 07 DEGREES 46 MINUTES 14
SECONDS EAST A DISTANCE OF 70.49 FEET; THENCE LEAVING SAID WEST LOT
LINE SOUTH 87 DEGREES 21 MINUTES 55 SECONDS EAST A DISTANCE OF55.32
FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE NORTH 48 DEGREES 05
MINUTES 32 SECONDS EAST A DISTANCE OF 43.28 FEET; THENCE SOUTH 41
DEGREES 54 MINUTES 28 SECONDS EAST A DISTANCE OF79.53 FEET; THENCE
NORTH 86 DEGREES 54 MINUTES 28 SECONDS WEST A DISTANCE OF9.50 FEET;
THENCE NORTH 49 DEGREES 29 MINUTES 47 SECONDS WEST A DISTANCE OF 46.78
FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 43 SECONDS WEST A DISTANCE
OF 40.27 FEET TO THE POINT OF BEGINNING (P.O.B.), CONTAINING 1219.94 SQUARE
FEET, 0.03 ACRES.
ay*elr
AR•
T 0'
PC Meeting of September 23, 2013
KAiJ5A5
THE CITY OF FAYET'TEVILLE, 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: Sept —~� .� UPDATED SEPTEMBER 24, 2013
VAC 13-4478: Vacation (TWIN CREEKS VILLAGE LOT 191114, 211): Submitted by
MCCLELLAND CONSULTING for property located at 163 VAN ASCHE LOOP. The property
is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.18 acres. The
request is to vacate a portion of a drainage easement on property.
Planner: Quin Thompson
Findings:
Property and Background: The subject property is located south of Van Asche Loop, a private street.
The property is a part of Twin Creeks Village (PPL 09-3265) a commercial sub -division approved in
2009. The original project included an open drainage and associated easements. This design was later
revised and a new easement platted with PPL 09-3265. the revised design routes all stormwater into
an underground system, where previously it flowed in an open ditch across the site. The revised
design has been constructed, making the original open drainage easement redundant.
Table 1
Surroundina Land Use and Zonina
Direction from Site
Land Use
Zoning
North
Professional Office/Undeveloped
C-1, Neighborhood
Commercial
South
Single family residential
RSF-4, Residential Multi-
family
East
Professional Office/Undeveloped
C-1, Neighborhood
Commercial
West
Professional Office/Undeveloped
C-1, Neighborhood
Commercial
Request: The applicant requests a vacation of a drainage easement as indicated on the submitted
exhibit.
Easement Vacation Approval: As this is an easement exclusively for drainage, which is under the
jurisdiction of the City of Fayetteville Transportation Department. Permissions from the franchise
utilities and City utility departments are not needed.
Public Comment: No public comment has been received.
Recommendation: The subject drainage easement is not necessary any longer, as the original design
G:\ETODevelopment services Review\2013\Development Review\13-4478 VAC Twin Creeks Village\03 Planning Commission\09-
23-2013\Comments and Redlines
has been revised and constructed to pipe stormwater underground. Staff recommends forwarding
VAC 13-4478 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: September 23, 2013
Motion: Winston
Second: Pennington
Vote: 4-0-1
Notes: CONSENT AGENDA, HOSKINS ABSTAINED
GAETC\Development Services Review\2013\Development Review113-4478 VAC Twin Creeks Village\03 Planning Commission\09-
23-2013\Comments and Redlines
McCLELLAN® 1810 N. College Avenue
NEECONSULTING P.D. Sox 1229
U Fayetteville, AR 73703/72702-1229
' ENGrp�/'+ rcpc �/ 479-443-2377/Fax479-443-9241
INEERS, INC. www.mccielland-engrs.com
August 6, 2013
RE: Vacating a portion of a drainage easement at proposed project # 13-4425,163 W. Van Asche Loop
Dear Planning Commission, and City Council,
Northwest Arkansas Oral & Maxillofacial Surgery and McClelland Consulting Engineers, Inc., are
requesting the abandonment of a portion of a drainage easement located in the CMN business park.
The easement is no longer needed as the drainage path was contained in an enclosed box culvert as part
of a previous improvement. A sufficient easement will remain to service the drainage culvert.
Please don't hesitate to contact me if you should have any questions or concerns regarding this
notification.
Sincerely,
Ryan ill, P.E.
rail) @mcclella nd-engrs.com
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t7&wmaa `J3uo(aea6 2009, 2010 & 2012 Qwmul Jiecipient
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Description of part of drainage easement to be vacated:
A part of Lot 19134, of Twin Creeks Village, a subdivision to the City of Fayetteville,
Arkansas per the plat of said subdivision on file in the office of the circuit clerk and Ex-
Officio Recorder of Washington County, Arkansas, and said part being more particularly
described as follows:
Commencing at the southwest comer of said Lot 1913-4,
thence along the west line of said Lot
North 07 degrees 46 minutes 14 seconds East a distance of 70.49 feet;
thence leaving said west lot line
South 87 degrees 21 minutes 55 seconds East a distance of 55.32 feet
to the POINT OF BEGINNING (P.O.B.);
thence North 48 degrees 05 minutes 32 seconds East a distance of 43.28 feet;
thence South 41 degrees 54 minutes 28 seconds East a distance of 79.53 feet;
thence North 86 degrees 54 minutes 28 seconds West a distance of 9.50 feet;
thence North 49 degrees 29 minutes 47 seconds West a distance of 46.78 feet;
thence South 89 degrees 07 minutes 43 seconds West a distance of 40.27 feet to the
POINT OF BEGINNING (P.O.B.), containing 1219.94 square feet, 0.03 acres.
August 1, 2013
K:\2013\132117 - Lot 1913-4 Dr Cross Office\Drainage Easement Vacation\Drainage
easement vacation description.docx
UTILITY APPROVAL FORM
FOR DRAINAGE EASEMENT VACATION
DATE: 8-7-13
UTILITYCOMPANY: Fayetteville Transportation Department
APPLICANT NAME: NWA Oral & Maxillofacial Surgery APPLICANT PHONE: 479-966-4004
REQUESTED VACATION (applicant nuist check a d that apply):
0 Utility Easement
0 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
0 Alley
❑ Street right-of-way
X OTHER: (Drainage Easement)
I have been notified of the petition to vacate the following drainage easement, described as follows:
General Location / Address: Fayetteville Project# 13-4425, 163 W. Van Asche Loop
(seeATTACHED legal description and graphic representation of what Is being vacated-SURVE• 19
UTILITY COMPANY COMMENTS:
Z No objections to the vacation(s) described above.
0 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 Utildt Compannyr Represen ^e�
Bgjea4. r�PGt%eCS t,)f✓�_eG
Title
VAC13-4478 TWIN CREEKS VILLAGE LOT 19134
One Mile View
VAC13-4478 TWIN CREEKS VILLAGE LOT 19134
Close Up View
y
04 VAN ASCHE l
SUBJECT PROPERTY
RSF-4
W
' - SANDPIPER DR .... 4
O
O
Legend
0
0
........... Multi -Use Trail (Existing) z
Future Trails'
- - - Fayetteville City Limits
AC 13-4478
Footprints 2010
Hillside -Hilltop Ovi day District
Design Overlay Di trict
Design Overlay Di trict
0 37.5 75 150 225 300
------ Planning Area FW
NORTHWEST ARKANSAS DEMOCRATGAZETTE
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RECEIVED
NORTHWEST ARKANSAS TIMES qq ITC BENION COUNTY DAILY RECORD O C T g 9 2013
212 NORTH EAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O. BOX 1607, 727D21479442 17001 WWW.NWANEWS.COM CITY
FFAYE TEVILLE
CITY CLERWSOFFCE
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 5622
Was inserted in the Regular Editions on:
October 24, 2013
Publication Charges: $ 84.31
Holly Andrews
Subscribed and sworn to before me
This 3Q day of C) — 2013.
(Li4' 0s
Notary Public
My Commission Expires: -7-��Lz %�}
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Fecr o-Y 20, 2074
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.