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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 .htcefek and eo� u thug firgiaeexe, 9uc - "33eat Ferowxxieg 9&m" t7&wmaa `J3uo(aea6 2009, 2010 & 2012 Qwmul Jiecipient ,Gm . . l [ - �pr I% J,�•�g . , glz• m B-% _re 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 NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE N�:WSPAPERS THE NORTH ESTNG EWSARK OF ROGERARKANSAS 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 %�} CC i HY J k "AiFEL �' ( Ecr cn CGI:nIV xp,re n�:e:enor Fecr o-Y 20, 2074 **NOTE** Please do not pay from Affidavit. Invoice will be sent.