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HomeMy WebLinkAboutOrdinance 5787Doc ID: 016373930004 Type: REL Kind: ORDINANCE Recorded: 08/03/2015 at 02:34:18 PM Fee Amt: $30.00 Pape 1 of 4 WaslInpton Cou ntv, All Kyle SVlvester Clrcult Clerk File2015-00021647 ORDINANCE NO. 5787 AN ORDINANCE TO APPROVE VAC 15-5080 SUBMITTED BY RIVERWOOD HOMES FOR PROPERTY LOCATED AT WEIR & SALEM ROADS TO VACATE WEIR ROAD RIGHT-OF-WAY AND PORTIONS OF EXISTING UTILITY EASEMENTS WITHIN THE HOLCOMB HEIGHTS SUBDIVISION. 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 street right-of-way and portions of utility easements are 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 utility easements and street right-of-way described in Exhibit `B" 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: Any damage or relocation of existing facilities and associated new easement dedication shall be at the owner/developer's expense. The applicant shall receive approval from Washington County for portions of Weir Road right-of-way that are within Washington County jurisdiction. PASSED and APPROVED this 21st day of July, 2015. APPROV ATTEST: By. L ONELD J AN, Mayor y SONDRA E. SMITH, City Clerk Z7easr�I Avr7I FVILLC; a'- 15-5080 EXHIBIT 'Ar VAC15-5080 HOLCOMB HEIGHTS SID Close Up View _--------.-.-., -.---- ------------------ --- r I 1 1 z 1 I � 1 1 II 1 a ❑ 1 RSF+1 771 Y 1 � 1 1 I wEIRRD-- - - _ - _SUBJECT -- --- ---- - - PROPERTY ^ - -' ------------------ r 1 1 _ — JKFILN:_- 1 r GYPSUM DR ON BARITE DR RSF-e �9 a COUNTRY MEADOWS ST ow W J ❑ N u � ❑ J Y + w O ldl III Q GROUSE RD I I CRYSTAL OR W w w SWEETGRASS RD a a y N O f ❑ m ❑ � w m p•1 F Legend a BENTGRAS RD 5hare+se Paved Trail MARSH ST Cr;&vI&,Neighborhood/Pa Trail Natural Surface Trail O VAC15-5080 Fayetteville City Units - - - Footprints 2010 ------ Planning Area 0 150 300 600 900 1.200 Feet EXHIBIT "B" Richt-of-Way Vacation LEGAL DESCRIPTION: (AREA 1) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence S02°21'02"W 353.50 feet, thence S79°49'03"W 368.31 feet to the POINT OF BEGINNING; thence S79°49'03"W 69.59 feet, thence along a non -tangent curve to the left 223.75 feet, said curve having a radius of 700.00 feet and chord bearing and distance of S86"41'51"W 222.80 feet, thence NO3°01'39"E 0.52 feet, thence N77°26'23"E 22.09 feet, thence N78°59'10"E 276.23 feet, thence S03°07'55"W 33.01 feet to the POINT OF BEGINNING: Containing 4,531.09 square feet or 0.1040 acres more or less subject to easements of record. LEGAL DESCRIPTION: (AREA 2) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence 502021'02"W 353.50 feet, thence S79°49'03"W 35.85 feet to the POINT OF BEGINNING; thence S79°49'03"W 332.46 feet, thence NO3°07'55"E 33.01 feet, thence N78°59'10"E 50.45 feet, thence N79°04'16"E 157.76 feet, thence N81044'15"E 99.59 feet, thence N86°08'18"E 23.71 feet, thence S02"21'02"W 29.67 feet to the POINT OF BEGINNING: Containing 11,034.51 square feet or 0.2533 acres more or less subject to easements of record. LEGAL DESCRIPTION: (AREA 3) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NWl/4, NW1/4, thence S02"21'02"W 353.50 feet, thence S79049'03"W 35.85 feet to the POINT OF BEGINNING, thence S02021'02"W 30.69 feet, thence S86"08'18"W 14.87 feet, thence S81°44'15"W 95.89 feet, thence S79°04'16"W 204.56 feet, thence along a non -tangent curve to the right 20.89 feet, said curve having a radius of 700.00 feet and chord bearing and distance of N79045'28"W 20.89 feet, thence along a curve to the left 64.05 feet, said curve having a radius of 700.00 feet and a chord bearing and distance of N81°31'27"W 64.02 feet, thence N79°49'03"E 69.59 feet; thence N79°49'03"E 332.46 feet to the POINT OF BEGINNING: Containing 9,561.47 square feet or 0.2195 acres more or less subject to easements of record. EXHIBIT "B" Easement Vacation LEGAL DESCRIPTION: (AREA 1) A part of Lot 54, 55 and 56 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SW Corner of said Lot 54, thence NO3°10'10"E 79.15 feet, thence S86049'50"E 20.00 feet to the POINT OF BEGINNING, thence NO3010'10"E 13.48 feet, thence along a non -tangent curve to the right 147.66 feet, said curve having a radius of 626.00 feet and chord bearing and distance of N84011'17"E 147.32 feet, thence S79°05'49"W 150.01 feet to the POINT OF BEGINNING: Containing 1,407.94 square feet or 0.0323 acres more or less. LEGAL DESCRIPTION: (AREA 2) A part of Lot 75 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said Lot 75, thence S02°21'02"W 24.27 feet, thence S81°44'15"W 17.30 feet to the POINT OF BEGINNING, thence S02°21'02"W 26.57 feet, thence N87°38'58"W 8.00 feet, thence NO2°21'02"E 22.82 feet, thence S79°49'03"W 79.27 feet, thence NO2°25'23"E 4.96 feet, thence N81°44'15"E 86.86 feet to the POINT OF BEGINNING: Containing 485.77 square feet or 0.0112 acres more or less. LEGAL DESCRIPTION: (AREA 3) A part of Lot 22 and 23 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said Lot 22, thence N00°47'51"W 10.02 feet, thence N87°34'37"W 17.58 feet to the POINT OF BEGINNING; thence N87034'37"W 8.00 feet, thence NO2021'02"E 96.68 feet, thence along a non -tangent curve to the right 13.69 feet, said curve having a radius of 10.00 feet and chord bearing and distance of S36°52'51"E 12.65 feet, thence S02°21'02"W 86.89 feet to the POINT OF BEGINNING: Containing 753.77 square feet or 0.0173 acres more or less. LEGAL DESCRIPTION: (AREA 4) A part of Lot 17, 18, 19, 20 and 21 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said Lot 17, thence NO2021'02"E 10.00 feet, thence N87°34'37"W 22.50 feet to the POINT OF BEGINNING; thence N87°34'37"W 8.00 feet, thence NO2°21'02"E 278.97 feet, thence S87°34'37"E 8.00 feet, thence S02°21'02"W 278.97 feet to the POINT OF BEGINNING: Containing 2,231.76 square feet or 0.0512 acres more or less. LEGAL DESCRIPTION: (AREA 5) A part of Lot 14, 15 and 16 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said Lot 16, thence S02°21'02"W 10.00 feet, thence N87°34'37"W 22.50 feet to the POINT OF BEGINNING, thence S02°21'02"W 146.58 feet, thence along a curve to the right 13.69 feet, said curve having a radius of 10.00 feet and a chord bearing and distance of S41°34'55"W 12.65 feet, thence NO2°21'02"E 156.38 feet, thence S87°34'37"E 8.00 feet to the POINT OF BEGINNING: Containing 1,231.29 square feet or 0.0283 acres more or less. Washington County, AR I certify this instrument was filed on 08/03/2015 02:3418 PM and recorded in Real Estate File Number 2015-00021847 Kyle Sylvestipre-qrcult Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File — File Number: 2015-0303 Agenda Date: 7/2112015 Version:1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 3 VAC 15-5080 (WEIR & SALEM RDS./HOLCOMB HEIGHTS SUBDIVISION) AN ORDINANCE TO APPROVE VAC 15-5080 SUBMITTED BY RIVERWOOD HOMES FOR PROPERTY LOCATED AT WEIR & SALEM ROADS TO VACATE WEIR ROAD RIGHT-OF-WAY AND PORTIONS OF EXISTING UTILITY EASEMENTS WITHIN THE HOLCOMB HEIGHTS SUBDIVISION 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 street right-of-way and portions of utility easements are 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 utility easements and street right-of-way described in Exhibit "B" 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: 1. Any damage or relocation of existing facilities and associated new easement dedication shall be at the owner/developer's expense. 2. The applicant shall receive approval from Washington County for portions of Weir Road right-of-way that are within Washington County jurisdiction. City o1 Fayetteville, Arkansas Page 1 Printed on 712012015 15-5080 EXHIBIT 'A' VAC 15-5080 Close Up View oil WEIR RD .. HOLCOMB HEIGHTS SID -w----•------- RSF-4 1 ----------_ SUBJECT PROPERTY ---"-----1 -ter 1 1 1 1 1 1I;1I:II;I. WEIR RD III R -A S. RSF-8 FDXT p1�L1ly GROUSE RD w N O 2 2 F F - COUNTRY MEADOWS ST r a w w w SWEETGRASS RD a a 1` a CD o z 0 0 m i a m S ii Legend g Paved Trail MARSH ST Natural Surface VAC15-5080 Fayetteville City Footprints 2010 0 150 300 ------ Planning Area BENTGRASS RD 600 900 0 a 0 LU IRA LN GYPSUM DR BARITE DR D tt w N O D N Iii : F- O a CRYSTAL DR 0 P.1 ti a 1.200 EXHIBIT "B" Right -of -Way Vacation LEGAL DESCRIPTION: (AREA 1) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence 502°21'02"W 353.50 feet, thence S79°49'03"W 368.31 feet to the POINT OF BEGINNING; thence S79°49'03"W 69.59 feet, thence along a non -tangent curve to the left 223.75 feet, said curve having a radius of 700.00 feet and chord bearing and distance of S86°41'51"W 222.80 feet, thence N03°0139"E 0.52 feet, thence N77°2623E 22.09 feet, thence N78°5910"E 276.23 feet, thence S03°07'55"W 33.01 feet to the POINT OF BEGINNING: Containing 4,531.09 square feet or 0.1040 acres more or less subject to easements of record. LEGAL DESCRIPTION: (AREA 2) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence S02°2102"W 353.50 feet, thence S79°49'03"W 35.85 feet to the POINT OF BEGINNING; thence S79°49'03"W 332.46 feet, thence N03°0755E 33.01 feet, thence N78°59'10"E 50.45 feet, thence N79°04'16"E 157.76 feet, thence N81°44'15"E 99.59 feet, thence N86°08'18"E 23.71 feet, thence 502°21'02"W 29.67 feet to the POINT OF BEGINNING: Containing 11,034.51 square feet or 0.2533 acres more or less subject to easements of record. LEGAL DESCRIPTION: (AREA 3) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence 502°21'02"W 353.50 feet, thence S79°49'03"W 35.85 feet to the POINT OF BEGINNING, thence 502°2102"W 30.69 feet, thence S86°08'18"W 14.87 feet, thence S81°44'15"W 95.89 feet, thence S79°04'16"W 204.56 feet, thence along a non -tangent curve to the right 20.89 feet, said curve having a radius of 700.00 feet and chord bearing and distance of N79°4528"W 20.89 feet, thence along a curve to the left 64.05 feet, said curve having a radius of 700.00 feet and a chord bearing and distance of N81°31'27"W 64.02 feet, thence N79°49'03"E 69.59 feet; thence N79°49'03"E 332.46 feet to the POINT OF BEGINNING: Containing 9,561.47 square feet or 0.2195 acres more or less subject to easements of record. EXHIBIT "B" Easement Vacation LEGAL DESCRIPTION: (AREA 1) A part of Lot 54, 55 and 56 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SW Corner of said Lot 54, thence N03°10'10"E 79.15 feet, thence S86°49'50"E 20.00 feet to the POINT OF BEGINNING, thence N03°10'10"E 13.48 feet, thence along a non -tangent curve to the right 147.66 feet, said curve having a radius of 626.00 feet and chord bearing and distance of N84°11'17"E 147.32 feet, thence S79°05'49"W 150.01 feet to the POINT OF BEGINNING: Containing 1,407.94 square feet or 0.0323 acres more or less. LEGAL DESCRIPTION: (AREA 2) A part of Lot 75 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said Lot 75, thence 502°21'02"W 24.27 feet, thence 581°44'15"W 17.30 feet to the POINT OF BEGINNING, thence 502°21'02"W 26.57 feet, thence N87°38'58"W 8.00 feet, thence N02°21'02"E 22.82 feet, thence 579°49'03"W 79.27 feet, thence N02°25'23"E 4.96 feet, thence N81°44'15"E 86.86 feet to the POINT OF BEGINNING: Containing 485.77 square feet or 0.0112 acres more or less. LEGAL DESCRIPTION: (AREA 3) A part of Lot 22 and 23 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said Lot 22, thence N00°47'51"W 10.02 feet, thence N87°34'37"W 17.58 feet to the POINT OF BEGINNING; thence N87°34'37"W 8.00 feet, thence N02°21'02"E 96.68 feet, thence along a non -tangent curve to the right 13.69 feet, said curve having a radius of 10.00 feet and chord bearing and distance of S36°52'51"E 12.65 feet, thence 502°2102"W 86.89 feet to the POINT OF BEGINNING: Containing 753.77 square feet or 0.0173 acres more or less. LEGAL DESCRIPTION: (AREA 4) A part of Lot 17, 18, 19, 20 and 21 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said Lot 17, thence N02°21'02"E 10.00 feet, thence N87°34'37"W 22.50 feet to the POINT OF BEGINNING; thence N87°34'37"W 8.00 feet, thence N02°21'02"E 278.97 feet, thence 587°34'37"E 8.00 feet, thence S02°21'02"W 278.97 feet to the POINT OF BEGINNING: Containing 2,231.76 square feet or 0,0512 acres more or less. LEGAL DESCRIPTION: (AREA 5) A part of Lot 14, 15 and 16 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said Lot 16, thence S02°21'02"W 10.00 feet, thence N87°34'37"W 22.50 feet to the POINT OF BEGINNING, thence S02°21'02"W 146.58 feet, thence along a curve to the right 13.69 feet, said curve having a radius of 10.00 feet and a chord bearing and distance of S41°34'55"W 12.65 feet, thence N02°2102"E 156.38 feet, thence 587°34'37"E 8.00 feet to the POINT OF BEGINNING: Containing 1,231.29 square feet or 0.0283 acres more or less. City of Fayetteville Staff Review Form 2-015-0303 1, , -iar Pile tlD 7,2_/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate Submitted By 6/26/2015 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department VAC 15-5080: Vacation (WEIR & SALEM RDS./HOLCOMB HEIGHTS SUBDIVISION 245): Submitted by RIVERWOOD HOMES for properties located at the intersection of WEIR & SALEM RDS. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contain approximately 0.61 acres. The request is to vacate Weir Road right-of-way and portions of existing utility easements within the Holcomb Heights Subdivision. Budget Impact: Account Number Fund Project Number Project Title 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 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF ray e vt le ARKANSAS MEETING OF JULY 21, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner DATE: June 26, 2015 SUBJECT: VAC 15-5080: Vacation (WEIR & SALEM RDS.IHOLCOMB HEIGHTS SUBDIVISION 245): Submitted by RIVERWOOD HOMES for properties located at the intersection of WEIR & SALEM RDS. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contain approximately 0.61 acres. The request is to vacate a street right-of-way within the subdivision and portions of utility easements. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate a street right- of-way and portions of existing utility easements. BACKGROUND: The subject property is located at the southwest corner of Salem Road and Weir Road. The property is being developed for the Holcomb Heights Subdivision, which was filed of record in March, 2015. A condition of the development approval required that Weir Road be relocated on the west side of Salem Road to align with Gypsum Drive on the east side of Salem Road. Relocation of the street was completed in 2014 and right-of-way was dedicated for the route. DISCUSSION: On June 22, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 9-0-0 on the consent agenda. BUDGET/STAFF IMPACT: N/A Attachments • CC Ordinance • Exhibit A • Exhibit B • Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 CITY OF a 4�e v1lle PLANNING COMMISSION MEMO ANSAS TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Senior Planner THRU: Andrew Garner, City Planning Director MEETING DATE: June 22, 2013 Updated June 23, 2015 SUBJECT: VAC 15-5080: Vacation (WEIR & SALEM RDS./HOLCOMB HEIGHTS SUBDIVISION 245): Submitted by RIVERWOOD HOMES for properties located at the intersection of WEIR & SALEM RDS. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY. 4 UNITS PER ACRE and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contain approximately 0.61 acres. The request is to vacate a street right-of-way within the subdivision and portions of utility easements. RECOMMENDATION: Staff recommends forwarding VAC 15-5080 to the City Council with a recommendation for approval. BACKGROUND: Background: The subject property is located at the southwest corner of Salem Road and Weir Road. The property is being developed for the Holcomb Heights Subdivision, which was filed of record in March, 2015. A condition of the development approval required that Weir Road be relocated on the west side of Salem Road to align with Gypsum Drive on the east side of Salem Road. Relocation of the street was completed in 2014 and right-of-way was dedicated for the route. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Single -Family Residential Zoning RSF-4, Residential single - Family, 4 units/acre North South Single -Family Residential T RSF-4, Residential single- _ Family, 4 units/acre _ R -A, Residential Agricultural East Single -Family Residential West Single -Family Residential RSF-4, Residential single - Family. 4 units/acre Planning Commission Mailing Address: Jun 22, 01 113 W. Mountain Street W\ yi yile-argov Fayetteville, AR 72701 15-5080 Holcomb Heights SD Page 1 of 20 Proposal: The applicant is requesting approval to vacate the old right-of-way for Weir Road, which is no longer needed for public use. Access easements to the homes to the north have been provided and their driveways have been extended to the new Weir Road location. In addition to the street right-of-way vacation, the applicant is requesting approval to vacate portions of existing utility easements within the Holcomb Heights subdivision. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: UTILITIES Cox Communications AEP/SWEPCO Source Gas AT&T Ozarks Electric CITY OF FAYETTEVILLE Water/Sewer Trash & Recycling Transportation Public Comment: No public comment has been received. RESPONSE No objections with conditions No objections No objections No objections No objections RESPONSE No objections No objections Not applicable Recommendation: Staff recommends forwarding VAC 15-5080 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. The applicant shall receive approval from Washington County for portions of Weir Road right-of-way that are within County jurisdiction. PLANNING COMMISSION ACTION WForwarded O Denied ❑ Tabled Date: June 22. Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5080 VAC (Holcomb HeightsMWeir Road)\03 piartfflRR 22, 2015 Commission\06-22-2015\Comments and Redlines gelyda Item 4 15-5080 Holcomb Heights SD Page 2 of 20 Motion: Chessser Second: Cook Vote: 9-0-0 Notes: BUDGETISTAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Utility Approvals • Right-of-way Vacation Exhibit • Easement Vacation Exhibit • Legal Descriptions • Aerial Exhibit • One Mile Map • Close Up Map Planning Commission 0:\ETC\oevelopment Services Revlewt20151Development Review\15-5080 VAC (Holcomb HelghtsMJelr Road)\03 Plani1Ng 22, 2015 Age'hda Item 4 Commission\0S-22.2015\Comments and Rodllnes 15-5080 Holcomb Heights SD Page 3 of 20 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS i7A WEST SUNBRIDGE, St=I$5 City of Payeltavilie 113 W. Mountain Fayetteville, AR. 72701 Att; Planning Re; Easement/ROW Vacation PAYETTEV]LLE, ARKANSAS 72703 (479) 44'2.9127 • PAX (479) 582.4807 DAVID LJORGENSEN, P,B, P.4S. IUSfINLJORGENSEN, FE, BLARR E.JORGENSEN, P9, 4/27/15 Attached please find information pertaining to easement and ROW vacation fox Riverwood Homes. This is at Holcomb Subdivision. Please review and contact us ooneem;ng aria' questions you may have. Thank you. Sincerely; //1 David L. Jergenecn, P E_ PUBLIC WORKSLAND DEVELCPMENT• WATER SYSTMS' WASPEWATER SYSTEMS' LAND SURVEYING' Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 4 of 20 Riverwood Homes, LLC Residential Contractor & Developer 1533 W. Enterprise Drive Fayetteville, Arkansas 72704 Mark Marquess 479-435-2088 Charles Sloan 479-530-4506 markm@riuerwoodhomesnwa.com charlies@riverwoodhomesnwa.com PETITION TO VACATE EASEMENTS and RIGHT A WAY LOCATED ALONG WEIR ROAD AND SALEM ROAD, HOLCOMB HEIGHTS SUBDIVISION, PHASE III, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission The Fayetteville City Council I, the undersigned, being all owners of the real estate abutting the easement and Right a Way hereinafter sought to be abandoned and vacated, lying along Weir Road and Salem Road In Holcomb Heights Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate and easement which is described in the attached legal description. That the abutting real estate affected by said abandonment of the easement are shown on the attached plats used by the public for a period of many years, and that public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas abandon and vacate the above described real estate, subject, however, to the existing utility easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to the particular land the owners be free from the easements of the public for the use of said easement. Dated this 6'h day of May, 2015. Mark Marquess — Rive oud Homes, LLC j.. Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 5 of 20 UTILITY APPROVAL FORM FOR RIGHT OF- WAY, ALLEY, AND UTILITY FiASEMLNT VACATIONS DATE: __ 21JIh UTILITY COMPANY: �� ( 4)-TMn+ tJcnLM.G APPLICANTNAME: ps:=rL`UAVL- tJ-t. APPLICANT PHONE:__ REQUESTED VACATION (, pPAlwnt must cheek N1 Add pp4v): 0 Utility Euemcnt )P Right-of-way for allay or sbcots and all: utility nun nronb located within the vacated right- of- way- Cl Alley O Streetdghtwf-way I have been notified of the pditlon to varate the following (allay susemenr, rfght-oi way), deacribed as follows: General locklbo I Addsaa ❑ (A TTACeY4gd darafpfon ggQgraphfervnresminion ofwharIS bdxg*agated-SURYET) UTILITY COMPANY COMMENTS: No objoodons to the vaoadan(a) described above, and no conmmu. No objections to The vaoadon(s) described above, provided fallowingdesaibed casesaenls em retained, (Sidetbe lagoon, dimauiohu, and purpose below.) tt No objections provided 111E following conditions we melt An damtt a to or relocation of our existing facilities will beat the owners/develo. era expense, afire of Utility Company Roprasrnlndvr 'lido Demnbrr 2014 Pale $ Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 6 of 20 UTILITY APPROVAL FORM POR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Z.q _ UTILITY COMPANY: L DLO APPLICANT NAME: _t2J Ua-ntsS _ APPLICANT PHONE: 530- & REQUESTED VACATION (applicant must check gl! that apply): I Utility Easement Right-of-way foralleyor streets and all utility easements located within the vacated right - of -way. U Alley Street rightof-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address O (A TTA CH legal description 4 graphic representation of what Is being vacated -SURVEY) UTILITY COMPANY COMMENTS•. xNo objections to the vacation(s) described above. and no comments. 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 vtitiTy Company Represenmtive .\ j r;ae December 20)4 Page S Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SO Page 7 of 20 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILrTY EASEMENT VACATIONS DATE: UTILITY COMPANY: tr APPLICANT NAME:Ua,ntc, _APFLtCANTPIIDNE: J3Dd6 REQUESTED VACATION (applicant must ekeetglrtmat epplyl: �r utiliflasement 7 Righeof--way for alley or sheep and all utility easements located witfiinthe vacated right -of- way. e Alley U Sint tig t. woy I have been nodded of the pedidonto vacate the Collowmg (alloy, eareaeN. right -of --way), described as follows•. General location IAddreas (ATTACAkgal drsu)pfon end graphic mpraarmton of what d bring wmtedSVRYfl Iffg.iTY COMPANY COMMENTS: No objections to the vacation(s) described above, and no oomma,p. No objections to the vacmion(s) desenbcl above, provided following descyibM easanents arc retained. (State the location, dimensions, and purpose bdow.) No objections provided the following conditions arc met Dec mba 20/4 Page 0 Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 8 of 20 UTILITY APPROVAL FORM FOR RIGHT- OF• WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: ____ UTILITY COMPANY: A-1 APPLICANTNAME: /V^••••t lJ.....K.-_APPLICANT PHONB:ry30 4S'6 REQUESTED VACATION (applicant must check ajd that apply): Utility Easement a Rightc6w$Y for alley or streeu and all utility easements located within the vacated right- o[- way. 7 Alley Stacet rightOfway I have been notified of the petition to vacate the following (alley, easement, right-afway), described as follows: General location) Address Li (ATTACH Iegal description gp4grophk repraentallon ofwhat Is befng vocafed-SURYE19 UTILITY COMPANY COMMENTS: X No objections to the vacation(I) descdbed above, and no comments. (: No objections to the vacation(s) described above, provided following described easements Of retained. (State the location, dimensions, and purpose below.) No objections provided the Following conditions are met: MGR OSP PLNG & ENCiK(9 Utz)I PIN queen 2014 Pap J Planning Commission June 22, 2015 Agenda Item 4 15-5060 Holcomb Heights SD Page 9 of 20 UTILITY APPROVAL FORM FOR RIGHT- OF. WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: My 2.,62 UTILITY COMPANY; OAP-��'CAPIrj APPLICANT NAME; f2t'lea a LP-nt < APPLICANT PHONE: ✓F REQUESTED VACATION (appAcant nwat check 241hal ap(p): Utility Easement 5 Right-of-way for alley or streets and Al utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (allay, easement, righl-af--way), described as follows: General location /Address _^_-�-- 0 (ATTA CU legal description gat( graphic repraentaflon of when L being vacated-SURVEI9 UTILITY COMPANY COMMENTS: Q( No objections to the veoation(s) described shove, and no comments. In No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Li No objections provided the following conditions are met: M ee 4-28-2015 s ruiiutv3�ompony Rcpresentahive I paSlStc7lL -I��h Tide D,mebr 2014 Pages Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 10 of 20 UTILITY APPROVAL FORM FOR RIGHT. OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: }F790 L'-ta'VIA b(P IA:rtiCl �� 1 APPLICANT NAME: ye-n� a� 4Cd,nGS APPLICANT PHONE: ____ REQUESTED VACATION (appllrnnl mail Meek g(( that apply): Utility Easement Right-of-way for alley or streets end all utility casements located within the vacated right-oF way, ❑ Alley o Street rightof-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: GenerallouHuo/Addren Cl (ATTACH legal descripgon ggQgraphfcrepresenlallon of whal Is being vacated-SURVEF) UTILITY COMPANY COMMENTS: ( No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) C No objections provided the following conditions arc met: II MAY 2015 DlRECThR Of u77L)TIf5 Title Crry of FAVErrEV. LLt, AR December 70/4 Page 5 Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 11 of 20 UTILITY APPROVAL FORM FOR RIGHT -OF- WAY, ALLEY, AND U71WTY EASEMENT VACATIONS DATE; L_pl�j_ rI / `� UTILITY COMPANY: fl.1p 4M t/� /,ldsg'e APPLICANT NAME: ��-ie .yd,U�t. t4 APPLICANT PHONE: 530-45t7G REQUESTED VACATION (appllcantmusi check gH Sal apply): % Utility Easement 1 Right -d -way for alley or streets and all utility easements located within the vacated right. of way. G Alley ❑ Streetright-of--way I have been notified of the petition to vacate the following (alley, easement right.of--way), described as follows: General tocatloa /Address _, - t7 (ATTACH legal dacelplion a4 graphic repraenlalon of what A being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments, No objections to the vacation(s) described above, provided following described easements we retained. (State the location, dimensions, and purpose below.) No the following conditions are met: Sign.lfiao or Utilli/ity Company Representative ( er'ol SJ(CS • fp Title Dec.b.r 10/4 Page S Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 12 of 20 UTILITY APPROVAL FORM FOR RIGHT- OF -WAY. ALLEY, AND UTILITY EASEMENT VACATIONS OATP.: UTILITY COMPANY: II � APPLICANTNAMR: Js ' 1,.�eWGs. -- AflL1CANT PHONE: ✓3Dr 4W& REQUESTED VACATION (app&wnt must *eek g that appal 4l1 Utility Easement 1 p R1gbt-of-way for alley or check and all tldlity eeeesne its located witAie the vacated right. Of- way. 9 Alley ❑ Sheet ti&tt-OFway I have been notified oldie pelllion to vacate the iblowing (allay, easawnl rigid -%-way), dWIlbod as follows: General loatiou/ Addrear______._._�- ❑ (AITS CH legal daa(ptfox ggjflhIt rOMeWegon o/whnr 6 b"Ro aaasad-SURPEPI UTILITY COMPANY COMMENTS: IY No objections to the vacation(s) described above, andno comments. '1 No objections In the nation(s) deardibed above, Provided following described easements arc retained. {State the location, dimensions. and purpose below-) No objections povided the following conditions arc met: ` F / Signnntrere of t ty Campaoy Reprwi ' iw4/f Title Dartmb+r 2014 Yapr5 Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 13 of 20 \ } \§[ c4I(c1tz11__tEL1 c_, | \ WITh k � rn II'mid2v � § -- -- at_,_�. 14 a _a e `` ; / H I ii t��1 • ;. , - I�7 e _ Ui N � m rTii__ � 15-5080 Holcomb Heights SD Page IS of 20 Right -of -Way Vacation LEGAL DESCRIPTION: (AREA 1) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W In Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence 502°2102"W 353.50 feet, thence 579°49'03"W 368.31 feet to the POINT OF BEGINNING; thence S79°49'03"W 69.59 feet, thence along a non -tangent curve to the left 223.75 feet, said curve having a radius of 700.00 feet and chord bearing and distance of S86°41'51"W 222.80 feet, thence NO3°01'39"E 0.52 feet, thence N77°26'23"E 22.09 feet, thence N78°59'10"E 276,23 feet, thence 503°07'55"W 33.01 feet to the POINT OF BEGINNING: Containing 4,531.09 square feet or 0.1040 acres more or less subject to easements of record. LEGAL DESCRIPTION: (AREA 2) A part of the NW1/4 of the N W1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence 502°2102"W 353.50 feet, thence S79°4903"W 35.85 feet to the POINT OF BEGINNING; thence S79°4903"W 332.46 feet, thence N03°0755"E 33.01 feet, thence N78°59'10"E 50.45 feet, thence N79°0416"E 157.76 feet, thence N81°44'15"E 99.59 feet, thence N86°0818E 23.71 feet, thence 502°21'02"W 29.67 feet to the POINT OF BEGINNING: Containing 11,034.51 square feet or 0.2533 acres more or less subject to easements of record. LEGAL DESCRIPTION: (AREA 3) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence 502°21'02"W 353.50 feet, thence S79°49'03"W 35.85 feet to the POINT OF BEGINNING, thence S02°21'02"W 30.69 feet, thence 586°08'18"W 14.87 feet, thence S81°44'15"W 95.89 feet, thence S79°0416W 204.56 feet, thence along a non -tangent curve to the right 20.89 feet, said curve having a radius of 700.00 feet and chord bearing and distance of N79°4528"W 20.89 feet, thence along a curve to -the left 64.05 feet, said curve having a radius of 700.00 feet and a chord bearing and distance of N81°31'27"W 64.02 feet, thence N79°49'03E 69.59 feet; thence N79°4903"E 332.46 feet to the POINT OF BEGINNING: Containing 9,561.47 square feet or 0.2195 acres more or less subject to easements of record. Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 16 o120 Easement Vacation LEGAL DESCRIPTION; (AREA 1) A part of Lot 54, 55 and 56 of Holcomb Heights Subdivision in Fayetteville. Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SW Corner of said Lot 54, thence N03°10'10"E 79.15 feet, thence S86°49'50"E 20,00 feet to the POINT OF BEGINNING, thence N03°10'10"E 13.48 feet, thence along a non -tangent curve to the right 147.66 feet, said curve having a radius of 626.00 feet and chord bearing and distance of N84°11'17"E 147.32 feet, thence S79°05'49"W 150.01 feet to the POINT OF BEGINNING: Containing 1,407.94 square feet or0.0323 acres more or less. LEGAL DESCRIPTION: (AREA 2) A part of Lot 75 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said Lot 75, thence 502°21'02"W 24.27 feet, thence 581°44'15"W 17.30 feet to the POINT OF BEGINNING, thence 502°21'02"W 26.57 feet, thence N87°38'58"W 8.00 feet, thence N02°2102"E 22.82 feet, thence 579°49'03"W 79.27 feet, thence N02°25'23"E 4.96 feet, thence N81°4415"E 86.86 feet to the POINT OF BEGINNING: Containing 485.77 square feet or 0.0112 acres more or less. LEGAL DESCRIPTION: (AREA 3) A part of Lot 22 and 23 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said Lot 22, thence N00°47'51"W 10.02 feet, thence N87°34'37"W 17.58 feet to the POINT OF BEGINNING; thence N87'34'37"W 8.00 feet, thence N02°21'02E 96.68 feet, thence along a non -tangent curve to the right 13.69 feet, said curve having a radius of 10.00 feet and chord bearing and distance of 536°52'51E 12.65 feet, thence S02°21'02"W 86.89 feet to the POINT OF BEGINNING: Containing.753.77 square feet or 0.0173 acres more or less. LEGAL DESCRIPTION: (AREA 4) A part of Lot 17, 18, 19, 20 and 21 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said Lot 17, thence N02°2102"E 10.00 feet, thence N87°34'37"W 22.50 feet to the POINT OF BEGINNING; thence N873437"W 8.00 feet, thence N02°2102"E 278.97 feet, thence S87°34'37"E 8.00 feet, thence 502°21'02"W 278.97 feet to the POINT OF BEGINNING: Containing 2,231.76 square feet or 0.0512 acres more or less. LEGAL DESCR(PTION: (AREA 5) A part of Lot 14, 15 and 16 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said Lot 16, thence S02°21'02"W 10.00 feet, thence N87°34'37"W 22.50 feet to the POINT OF BEGINNING, thence 502°21'02"W 146.58 feet, thence along a curve to the right 13.69 feet, said curve having a radius of 10.00 feet and a chord bearing and distance of 541°34'55"W 12.65 feet, thence N02°21'02"E 156.38 feet, thence 587°34'37"E 8.00 feet to the POINT OF BEGINNING: Containing 1,231.29 square feet or 0.0283 acres more or less. Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SD Page 17 of 20 ifl . I f4 Tait. f A i 4 A ,, 3 L tt% Planning Commission June 22, 2015 Agenda Item 4 15-5080 Holcomb Heights SO Page 18 of 20 VAC15-5080 HOLCOMB HEIGHTS SID One Mile Vlew . i . �0 1 b(.(., - .::j r q r - ii.'..' o8. 1 n ( L }I I �r 1 I_ P _ i v, J' Fx t `�� 79C t q ri ► �d�.dL�� I d'lvb c 1�1 u a I CEDAp-µ'D(iF LI ' d RSF-8 SUBJECT PROPERTY WEIRRD IMRRLEDR 11HI•12 II i ('W,1 L. If tyy�a J- 1251 - 4 , Ii1C OR' -FINE L8 i RBI= -1 Legend I 1.1 S red -Use ved;TCaaj: . ... Nelyhhdkhbod/PStkt$iZ4/ Natural 5urfaceTrall'aP It -fl I t overview Legend rj HIils e -Hilltop Overlay District I - --r•j 1 Desi L n Overlay District I 5ubjeclPmpeAy -_: I� �. 1.. Boundary _; Plan ing Area Fay ttevMe 0 0.25 0.5 1 Mlei Planning Ggmmi5s;on June 22. Agenda Item 4 15-5080 Holcomb Heights SD Page 19 of 20 VAC 15-5080 Close Up View - WEIR RD Legend HOLCOMB HEIGHTS SID "----- -------- 1 I 0 P 1 Q 1 � PSF.E SUBJECT PROPERTY I I 1 1 i ---1 - - wE4R Uf) I RA vt wl-t REFe FOXY COUNTRY MEADOWS ST GROUSE RD 0- SWEETGRASS RD w ¢ a z 0 j g p a m w m f i Paved Trail DER rGRA55 R0 MARSH ST OJeiv7eui'Jeighborhood/Paryc Trail Natural Surface Ti it Q VAC15-5080 : Fayetteville City Li nits = Footprints 2010 0 150 300 600 900 1.200 ------ Planning Area Peel Planning Commission June 22.2015 INA L N GYPSUM DR BARITE DR K a rc w o F O a 4 � W J fM1- d CRYSTAL DR O PI w CL a 15-5080 Holcomb Heights SD Page 20 of 20 P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM RECEIVED AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5787 Was inserted in the Northwest Arkansas Democrat Gazette on: July 30, 2015 Publication Charges: $ 103.76 Cathy Wiles Subscribed and sworn to before me This 5-"r_" day of7 V© , 2015. %k� Pt Notary Publi My Commission Expir **NOTE** Please do not pay from ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 WY Commission,Eppires Jul 2, 2025 AN AVG 10 2015 CITY e A TE1 not