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Home My WebLink AboutOrdinance 5607Doc ID: 015375640003 Type: REL Kind: ORDINANCE Recorded: 09/03013 at 09:08:15 AM Fee Amt: $25. 00 /2Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2013-00030076 ORDINANCE NO.5607 AN ORDINANCE APPROVING VAC 13-4428 SUBMITTED BY ENGINEERING SERVICES, INC. FOR PROPERTY LOCATED AT 4291 BLACK CANYON STREET, TO VACATE A PORTION OF A PEDESTRIAN ACCESS 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 access 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 access 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. "A 10 foot public access easement shall be dedicated on Lot 17 prior to the subject vacation becoming valid." PASSED and APPROVED this 20r" day of August, 2013. APPROVED: ATTEST: ��5�uunrhry� i HELD AN, MayorSO SMITH, City Clerk/Treasurer EXHIBIT "A" VAC 13-4428 Close Up View RIVER IW84 �S Legend °R HAMPTONS LOT 18 SUBJECT PROPERTY P-1 ••••••... .... Multi -Use Trail (Existing) Future Trails Fayetteville City Limits 13-4428 - Footprints 2010 _ Hillside -Hilltop ( Design Overlay Design Overlay Planning Area District RSr4 BLACK CANYON ST 0 37.5 75 150 225 300 Feet EXHIBIT "B" VAC 13-4428 ACCESS EASEMENT VACATION LEGAL DESCRIPTION A PART OF LOT 18 OF THE HAMPTONS SUBDIVISION, PHASE I TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN UPON THE PLAT FILED FOR RECORD IN PLAT BOOK 23A AT PAGE 389, RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE ALONG THE NORTH LINE OF LOT 18 SOUTH 87002'15 EAST 10.00 FEET; THENCE SOUTH 02048'02" WEST 127.31 FEET TO A POINT ON THE SOUTH LINE OF LOT 18; THENCE NORTH 87002'15 WEST 10.00 FEET TO THE SOUTHWEST CORNER OF LOT 18; THENCE ALONG THE WEST LINE OF LOT 18 NORTH 02048'02" EAST 127.31 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 09/03/2013 09:08:15 AM and recorded in Real Estate File Number2013-00030076 Kyle Sylvest - 'rcuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/2012013 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department VAC 13-4428: Vacation (4291 BLACK CANYON ST./HAMPTONS LOT 18, 608): Submitted by ENGINEERING SERVICES, INC. for property located at 4291 BLACK CANYON STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximatel P3 acres_ he request is to E vacate a portion of an existing pedestrian access easement on the subject propert . D Q zi Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached na.q-5'w6 Department Dircef r Date Sa�j 03 All�a ~� 7 l2s(i3 City Attorney N Date Finance and Internal Services Director Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 7L2, eta Date Received in City Clerk's Office 7- -/3 Date j g fp Received in Da e Mayor's Office Revised January 15, 2009 Zaye eville -APKANSAS� THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: July 23, 2013 Subject: VAC 13-4428 (4291 BLACK CANYON ST./HAMPTONS LOT 18) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a pedestrian access easement. BACKGROUND The subject property is located in the Hamptons Subdivision, east of Stonebridge Meadows Golf Course. A requirement of the development was to plat a 20 foot wide pedestrian access easement centered on the lot line between Lots 17 and 18. The easement provides access for subdivision residents to Rodney Ryan Park, located directly south within the Stonebridge Meadows Subdivision. The applicant's request is to vacate the east 10 feet of the dedicated access easement and then dedicate 10 feet on Lot 17 to maintain the 20 foot easement. A single-family home has been constructed on Lot 18 and the new privacy fence has been constructed across the easement. The applicant has submitted the required easement vacation forms to the City Parks Department and adjacent property owners with no objections. The owners of Lots 17, 18 and the City of Fayetteville have all agreed to the proposal. DISCUSSION On July 22, 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 13-4428 SUBMITTED BY ENGINEERING SERVICES, INC. FOR PROPERTY LOCATED AT 4291 BLACK CANYON STREET, TO VACATE A PORTION OF A PEDESTRIAN ACCESS 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 access 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 access 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. "A 10 foot public access easement shall be dedicated on Lot 17 prior to the subject vacation becoming valid." PASSED and APPROVED this ":• D By: LIONELD JORDAN, Mayor day of , 2013. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" EXHIBIT "B" VAC 13-4428 ACCESS EASEMENT VACATION LEGAL DESCRIPTION A PART OF LOT 18 OF THE HAMPTONS SUBDIVISION, PHASE I TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN UPON THE PLAT FILED FOR RECORD IN PLAT BOOK 23A AT PAGE 389, RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE ALONG THE NORTH LINE OF LOT 18 SOUTH 87002'15 EAST 10.00 FEET; THENCE SOUTH 02048'02" WEST 127.31 FEET TO A POINT ON THE SOUTH LINE OF LOT 18; THENCE NORTH 87002'15 WEST 10.00 FEET TO THE SOUTHWEST CORNER OF LOT 18; THENCE ALONG THE WEST LINE OF LOT 18 NORTH 02048'02" EAST 127.31 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. • Taye evl e PC Meeting of July 22, 2013 ARKAN SAS 1'11L CITY OF FAYETTEVILLL. AItKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: TW"43 Updated July 23, 2013 VAC 13-4428: Vacation (4291 BLACK CANYON ST./HAMPTONS LOT 18, 608): Submitted by ENGINEERING SERVICES, INC. for property located at 4291 BLACK CANYON STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acres. The request is to vacate an existing pedestrian access easement on the subject property. Planner: Jesse Fulcher Findings: Property: The subject property is located in the Hamptons Subdivision, east of Stonebridge Meadows Golf Course. A requirement of the development was to plat a 20 foot wide pedestrian access easement centered on the lot line between Lots 17 and 18. The easement provides access for subdivision residents to Rodney Ryan Park, located directly south within the Stonebridge Meadows Subdivision. Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundina Land Use and Zonina Direction from Site Land Use Zoning North Single-family RSF4, Residential Single-family South Park RSF-4, Residential Single-family East Single-family RSF-4, Residential Single-family West Undevelopable lot RSF-4, Residential Single-family Request. The applicant's request is to vacate the east 10 feet of the dedicated access easement and then dedicate 10 feet on Lot 17 to maintain the 20 foot easement. A single- family home has been constructed on Lot 18 and the new privacy fence has been constructed across the easement. Easement Vacation Approval: The applicant has submitted the required easement vacation forms to the City Parks Department and adjacent property owners with no objections. The owners of Lots 17, 18 and the City of Fayetteville have all agreed to the proposal. G:TTC0cvelopment Services Review\20130evelopment Review\13-4428 VAC 4291 Black Canyon/Hamptons\12 Planning Commission\07-22-2013\Comments and Redlines UTILITIES Ozarks Electric N/A Cox Communications N/A Southwestern Electric Power Company N/A Source Gas N/A AT&T N/A CITY OF FAYETTEVILLE: Water/Sewer N/A Transportation N/A Solid Waste N/A ADJACENT PROPERTY OWNER: West (Lot 17): Legacy National Bank No objections South (Rodney Ryan Park): City of Fayetteville No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4428 to the City Council with a recommendation for approval subject to the following conditions: 1. A 10 foot public access easement shall be dedicated on Lot 17 prior to the subject vacation being valid. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 0 Forwarded O Denied O Tabled Date: July 22, 2013 Motion: Cook Second: Winston Vote: 7-0-0 (consent agenda) Notes: G:\ETC\Development Services Review\2013\Development Review\I3-4428 VAC 4291 Black Canyon/Hamptons\12 Planing Commission\07-22-2013\Comments and Redlines ENGINEERING SERVICES INC. ®_ 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8746 June 11, 2013 City Council and Planning Commission City of Fayetteville, Arkansas 125 West Mountain Fayetteville, AR 72701 RE: Easement Vacation Petition Parcel Number 765-29194-000 Dear Mr. Sir or Ma'am, On behalf of our client, we are submitting materials to vacate an existing pedestrian access easement located on Lot 18 in Phase I of The Hamptons Subdivision, which is located at 4291 Black Canyon Street. This letter is intended to provide the scope, nature, and intent of the petition to vacate this easement. The property is currently in the RSF-4 (Residential Single Family - 4 Units per Acre) zoning district, and is owned by Riggins Construction, Inc., which is both the property owner and the applicant. The Final Plat for this subdivision, filed at Book 23A, Page 398, created a 20' wide pedestrian access easement centered on the common lot line of Lots 17 and 18, with 10' of the easement on each lot. This access easement is intended to provide a route of ingress/egress for pedestrians from The Hamptons Subdivision to Rodney Ryan Park, which is located to the south on Lot 83 of Stonebridge Meadows Subdivision, Phase II and Lot 161 of Stonebridge Meadows Subdivision, Phase IV. Lot 17 in The Hampton Subdivision has a large utility easement running diagonally across it to accommodate multiple gas lines, and is therefore identified on the final plat as unbuildable. For this reason, the owner of Lot 18 is requesting that the 10' of pedestrian access easement situated on Lot 18 be vacated, and the access easement on Lot 17 be expanded from 10' to 20' via a separate casement dedication document. The practical result of this will be to shift the entire 20' easement I O' to the west, and place it completely on Lot 17, an unbuildable lot. The owners of lot 17, the owners of lot 18, and the City of Fayetteville Parks Department have all agreed to this proposal. There is no known existing trail infrastructure located within the easement which will need to be relocated or modified. ]crry W. Mr-i., P.E. Phllfp C. I1im,6xrd, I' E. P.L.S. R�isn,, Moore, P.E S 1, T,-,.. E Consulting• • • •` ENGINEERING 9ERJICES INC. June 11, 2013 Fayetteville City Council and Planning Commission Page 2 The following materials are enclosed with this letter: - Easement Vacation Application - Easement Vacation Petition - County Parcel Map Exhibit with Adjacent Parcel Data and Easement Location - Survey of Property Showing Easement Location (Filed Final Plat of Hamptons Subd.) - Copy of Warranty Deed - Legal Description of Entire Lot 17 and Access Easement to be Vacated - Certified List of Adjacent Property Owners - Certificate of Mailing - Adjacent Property Owner Notification Form and Written Notification Form (Both forms were mailed to all adjacent property owners) - Certified Mail Receipts from Adjacent Property Owner Notification Letters - Check to City of Fayetteville in the amount of $205.00 for Application Fee & Sign Fee Please let me know if you have any questions or need any further information. Sincerely, Daniel L y Enclosures Jerry W. Ma¢in, P.E. Phlliy C- Hmnbard, P_ti., P_L S. JII Brian J. Moore. P.E. 1 Tim 1. M9ys, P.E LhaiWm MamCoed Pmxidem 1 Vm�P.w'd ! Sw,1.ry av, P..R 1_ • A` ENGINEERW6 SERVICES iNC. Consulting • Surveyors ' Eau WIle ARKANSASM TO: Fayetteville City Planning Department FROM: Alison Jumper, Park Planning Superintendent III DATE: June 11, 2013 SUBJECT: Hamptons Subdivision Easement Vacation/Dedication THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE The final plat for the Hamptons subdivision required a 20' public easement between lots 17 and 18 to provide access to Rodney Ryan Park, a city -owned public park. The developer is requesting to vacate 10' of the easement currently located on lot 18 and add a 10' easement on lot 17, thereby creating a 20' easement located entirely on lot 17 as it is an unbuildable lot. Parks staff supports this change as it will continue to provide public access to Rodney Ryan Park. If you have any questions, please contact me. From: Daniel Lazenby<dlazenby@engineeringservices.com> To: 'Jesse Fulcher'<jfulcher@ci.fayetteville.ar.us> Date: 711912013 2:23 PM Subject: FW: Hamptons SD vacation Mr. Fulcher, Please see the forwarded email below from Mr. Kleck, Senior Vice President/Chief Lending Officer for Legacy National Bank stating his agreement to the proposed easement dedication. Thank you, Daniel G. Lazenby Engineering Services, Inc. 1207 South Old Missouri Road P.O. Box 282 Springdale, AR 72765-0282 Phone: (479) 751-8733 / Fax: (479) 751-8746 www.engineeringservices.com <blocked::http://www.engineeringservices.com/> From: John Carpenter [mailto:jcarpenter@lindsey.com] Sent: Friday, July 19, 2013 2:19 PM To: 'Daniel Lazenby' Subject: FW: Hamptons SD vacation See below! From: Gary Kleck [mailto:Gary.Kleck@legacyar.com] Sent: Friday, July 19, 2013 2:17 PM To: 'jarpenter@lindsey.com' Subject: RE: Hamptons SD vacation Good afternoon John, Yes we approve of dedicating the easement to Lot 17. Thanks Gary Kleck Senior Vice President Legal Descriptions to Accompany Easement Vacation Application for Parcel No. 765-29194-000 LEGAL DESCRIPTION OF ENTIRE PROPERTY - FROM DEED BOOK 2012 PAGE 24589: Lot 18 of The Hamptons Subdivision, Phase I to the City of Fayetteville, Washington County, Arkansas, as shown upon the plat filed for record in Plat Book 23A at Page 389, recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Subject to easements, rights -of -way, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. LEGAL DESCRIPTION OF EASEMENT TO BE VACATED: A part of Lot 18 of The Hamptons Subdivision, Phase I to the City of Fayetteville, Washington County, Arkansas, as shown upon the plat filed for record in Plat Book 23A at Page 389, recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follow, to wit: Beginning at the northwest corner of said Lot 18; thence along the north line of Lot 18 South 87002'15 East 10.00 feet; thence South 02048'02" West 127.31 feet to a point on the south line of Lot 18; thence North 87002'15 West 10.00 feet to the southwest corner of Lot 18; thence along the west line of Lot 18 North 02048'02" East 127.31 feet to the Point of Beginning, containing 0.03 acres, more or less. LEGAL DESCRIPTION OF NEW EASEMENTTO BE DEDICATED: A part of Lot 17 of The Hamptons Subdivision, Phase I to the City of Fayetteville, Washington County, Arkansas, as shown upon the plat filed for record in Plat Book 23A at Page 389, recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follow, to wit: Commencing at the northeast corner of Lot 17; thence along the north line of Lot 17 North 87002'15 West 10.00 feet to the northwest corner of an existing pedestrian access easement and the Point of Beginning; thence along the west line of said existing access easement South 02°48'02" West 127.31 feet to a point on the south line of Lot 17 and the southwest corner of said existing access easement; thence along the south line of Lot 17 North 87°02'15 West 10.00 feet; thence North 02048'02" East 127.31 to a point on the north line of Lot 17; thence along the north line of Lot 17 South 87°02'15 East 10.00 feet to the Point of Beginning, containing 0.03 acres, more or less. Yai x.w.9[.ZO 9 I ly _ e I I � I II f I f1i sa �m FyyyyQ�Q,, Ji[ }] TN % S iiUi7m sS A — � aF ,�I I n m r 4 q,—�L� V �• I'f v 31v1 . i E' 1 i:- F Ng i = L 0 U00 -0 �ZU Eo Q W o Z �! n v°I �. n °f r N k"i I III I_ nil t b � 9 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NEWSPAPE16LLC THE NORTH ESTNG ARK OF ROGERARKANSAS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479442-1700 1 WWW.NWANEWS.COM 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 5607 Was inserted in the Regular Editions on: August 29, 2013 Publication Charges: $ 90.79 Holly Andrews Subscribed and sworn to before me This 4 day of 2013. Notary Public My Commission Expires: Zr� fly CfiTHYJ.WILES Renton County My Commission Expires February 20, 2014 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. RECEIVED SEP 12 2013 CITY OF FAYETTEVILLE CITY CLERKS OFFICE