HomeMy WebLinkAboutOrdinance 5743Doc ID: 016156230002 Type: REL
Kind: ORDINANCE
Recorded: 03/27/2015 at 02:05:00 PM
Fee Amt: $20.00 Page 1 of 2
Ma$hington County, AR
Kyle Svlve$ter Circuit clerk
FS1e2015-00007945
ORDINANCE NO. 5743
AN ORDINANCE APPROVING VAC 14-4933 SUBMITTED
BY JORGENSEN & ASSOCIATES FOR PROPERTY
LOCATED SOUTHWEST OF PERSIMMON STREET AND
MOUNTAIN RANCH BOULEVARD TO VACATE A
PORTION OF AN EXISTING UTILITY EASEMENT.
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
utility 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 portions of utility easement as shown on Exhibit "A" attached hereto and
made a part thereof.
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. Any damage or relocation of existing utilities shall be at the owner/developer's
expense.
2. Existing easements to remain until utilities are relocated into new easement at the
owner's expense.
PASSED and APPROVED this 17'h day of February, 2015.
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APPROVED: ATTES'�:
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By: % By:dru6ia
I N D JOR AN, Mayor SONDRA E. SMITH, City Clerkll're�r?F;P,t
VAC 14-4933
Close Up View
MOUNTAIN VIEW DR
EXHIBIT 'A'
14-4933
PARKHILL AT MTN. RANCH
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BOWLING GREEN PL
Legend
............. Multi -Use Trail (Existing)
Future Trails
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Footprints 2010
— Hillside -Hilltop Overlay District
Design Overlay Di trict
Design Overlay Di trict
0 75 150
------ Planning Area
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SUBJECT PROPERTY
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300 450 600
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Washington county, AR
I certify this instrument was filed on
03127/2015 02:05:00 PM
and recorded in Real Estate
File Number 2015-00007945
Kyle Sylvester -(ffTi�uit qIerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
•r .,p'j 479-575-8323
Text File
File Number: 2015-0058
Agenda Date: 2/17/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: D. 3
VAC 14-4933 (PERSIMMON AND MTN. RANCH BLVD/PARKHILL AT MTN. RANCH
SUBDIVISION):
AN ORDINANCE APPROVING VAC 14-4933 SUBMITTED BY JORGENSEN & ASSOCIATES
FOR PROPERTY LOCATED SOUTHWEST OF PERSIMMON STREET AND MOUNTAIN
RANCH BOULEVARD TO VACATE A PORTION OF AN EXISTING UTILITY EASEMENT
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 utility
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 portions of utility easement as shown on Exhibit "A" attached hereto and made a part thereof.
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. Any damage or relocation of existing utilities shall be at the owner/developer's expense.
2. Existing easements to remain until utilities are relocated into new easement at the owner's expense.
City of Fayetteville, Arkansas Page 1 Printed on 211812015
City of Fayetteville Staff Review Form
2015-0058
Legistar File ID
2/17/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
City Planning /
Jeremy Pate 1/30/2015 Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 14-4933: Vacation (PERSIMMON AND MTN. RANCH BLVD./PARKHILL AT MTN. RANCH SUBDIVISION, 478/4701).-
Submitted
78/479):Submitted by JORGENSEN AND ASSOCIATES for property located SOUTHWEST OF PERSIMMON STREET AND
MOUNTAIN RANCH BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT PARK HILL
AT MOUNTAIN RANCH and contains approximately 2.72 acres. The request is to vacate a portion of an existing
utility easement.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution H
Original Contract Number:
Comments:
Fund
Project Title
Approval Date:
CITY OF
Tayo e -Ile CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF FEBRUARY 17, 2015
TO: Fayetteville City Council
FROM: Andrew Garner, Director of City Planning
DATE: January 30, 2015
SUBJECT: VAC 14-4933: Vacation (PERSIMMON & MTN. RANCH
BLVD.IPARKHILL AT MTN. RANCH SUBDIVISION, 478/479): Submitted
by JORGENSEN & ASSOCIATES for property located at PERSIMMON &
MTN. RANCH BLVD. The property is zoned R-PZD, RESIDENTIAL
PLANNED ZONING DISTRICT PARK HILL AT MOUNTAIN RANCH and
contains approximately 2.72 acres. The request is to vacate a portion of an
existing utility easement.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to vacate existing utility
easement.
BACKGROUND:
The property contains approximately 2.23 acres located in the Mountain Ranch Phase 1
Subdivision at the southwest corner of Persimmon Street and Mountain Ranch Boulevard. The
property is a part of the Park Hill at Mountain Ranch Residential Planned Zoning District that was
approved by City Council on May 7, 2013 (R-PZD 12-4284) for 13 single family dwellings.
DISCUSSION:
There is an existing utility easement in the front yards of all of the lots in the vicinity of homes to
be built with the PZD. At the time the PZD was approved it was identified that a portion of this
easement would need to be vacated prior to construction of homes. The applicant is in the process
of moving forward with this project and requests vacation of a portion of the utility easement, as
shown on the attached plat. The applicant has submitted the required vacation forms to the City
utility departments and applicable franchise utilities with no objections. On January 26, 2015 the
Planning Commission forwarded this item to the City Council with a recommendation for approval
with a vote of 8-0-0 on the consent agenda.
BUDGET/STAFF IMPACT:
N/A
Attachments:
CC Ordinance
Exhibit A
Planning Commission Staff Report
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701