Loading...
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. L�IIFIIf111/� APPROVED: ATTES'�: �� • Cr�S�Y Gr . 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 WA L BOWLING GREEN PL Legend ............. Multi -Use Trail (Existing) Future Trails O VAC14-4933 Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 ------ Planning Area pP=U SUBJECT PROPERTY RW4 300 450 600 Feel `V p 41 A6.L U 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