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Doc ID: 016282090003 TYPO: EL
Kind: ORDINANCE
Recorded: 05/29/2015 at 02:08:01 PNI
Fee Amt: $25 40 Page 1 0' 3
uashinpton County, AR
Kyle Sylveste GP014556
F1102015
--00
NO. 5766
AN ORDINANCE APPROVING VAC 15-5001 SUBMITTED
BY BATES & ASSOCIATES FOR PROPERTY LOCATED AT
4301/4331 N. WATERSIDE COURT TO VACATE AN ACCESS
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 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 access easement 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.
PASSED and APPROVED this 5th day of May, 2015.
ATTEST:
By: �0� U-
SONDRA E. SMITH, City Clerk Treasurer
VAC 1 5-5001
Close Up View
A]
15-5001
EXHIBIT W
SIMS-RENNER OFFICE BLDG.
SUBJECT PROP
Legend
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Future Trails
VAC 15-5001
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Access Easement Description
ACCESS EASEMENT TO BE VACATED:
A PART OF LOTS 17 & 18 IN TIMBERLAKE OFFICE PARK, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 297,
PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT NORTHEAST CORNER OF SAID LOT 18, AND
RUNNING N04°42'31 "W 12.01', THENCE N87030'41 "W 40.03', THENCE N04°42'31 "E 24.02', THENCE
S87030'41 "E 40.03', THENCE SO4°42'31 "W 12.01' TO THE POINT OF BEGINNING.
Washington County, AR
I certify this instrument was filed on
05/29/2015 02:08:01 PM
and recorded in Real Estate
File Number 2015-00014
Kyle Sylvester- Circuit
by
113 West Mountain Street
City of Fayetteville, Arkansas
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0210
Agenda Date: 5/5/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: C. 2
VAC 15-5001 (4301/4331 N. WATERSIDE CT./SIMS-RENNER OFFICE BUILDING)
AN ORDINANCE APPROVING VAC 15-5001 SUBMITTED BY BATES & ASSOCIATES FOR
PROPERTY LOCATED AT 4301/4331 N. WATERSIDE COURT TO VACATE AN ACCESS
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 access
easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the
following access easement 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.
City of Fayetteville, Arkansas Page 1 Printed on 51612015
VAC 15-5001
Close Up View
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SUBJECT PROPERTY
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15-5001
EXHIBIT 'B'
Access Easement Description
ACCESS EASEMENT TO BE VACATED:
A PART OF LOTS 17 & 18 IN TIMBERLAKE OFFICE PARK, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 297,
PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT NORTHEAST CORNER OF SAID LOT 18, AND
RUNNING N04°42'31"W 12.01', THENCE N87°30'41"W 40.03', THENCE N04°42'31"E 24.02', THENCE
S87°30'41"E 40.03', THENCE S04°42'31"W 12.01' TO THE POINT OF BEGINNING.
City of Fayetteville Staff Review Form
2015-0210
Legistar File ID
5/5/2015
Jeremy Pate
Submitted By
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/17/2015 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
VAC 15-5001: Vacation (4301/4331 N. WATERSIDE CT./SIMS-RENNER OFFICE BUILDING, 135): Submitted by BATES
& ASSOCIATES for properties located at 4301/4331 N. WATERSIDE CT. The properties are zoned R -O, RESIDENTIAL -
OFFICE and contain approximately 0.95 acres. The request is to vacate an existing 24 -foot access easement
contained within said properties.
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: Approval Date:
Comments:
CITY OF
�t-1kie
AANAS
MEETING OF MAY 5, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
FROM: Andrew Garner, Director of Planning
DATE: April 17, 2015
SUBJECT: VAC 15-5001: Vacation (4301/4331 N. WATERSIDE CT./SIMS-RENNER
OFFICE BUILDING, 135): Submitted by BATES & ASSOCIATES for
properties located at 4301/4331 N. WATERSIDE CT. The properties are
zoned R -O, RESIDENTIAL -OFFICE and contain approximately 0.95 acres.
The request is to vacate a portion of an existing 24 -foot access easement
contained within said properties.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to vacate a private
access easement.
BACKGROUND:
This property consists of lots 17 and 18 in the Timberlake Office Park subdivision which is zoned
R -O, Residential Office and contains approximately 0.95 acres. The lots are undeveloped and
contain a 24 -foot access easement along the shared side property line. The applicant requests to
vacate the shared access easement along the side property line as they intend to combine both
lots in order to construct a building across the two parcels. The existing easement is unnecessary.
The applicant owns both parcels affected by the access easement. Outside approvals to vacate
this easement are not required.
DISCUSSION:
On April 13, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with 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-ar.gov
Fayetteville, AR 72701
CITY OF
ttvi1e PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
MEETING DATE: April 13, 2015 Updated with Planning Commission results
SUBJECT: VAC 15-5001: Vacation (4301/4331 N. WATERSIDE CT./SIMS-RENNER
OFFICE BUILDING, 135): Submitted by BATES & ASSOCIATES for
properties located at 4301/4331 N. WATERSIDE CT. The properties are
zoned R -O, RESIDENTIAL -OFFICE and contain approximately 0.95 acres.
The request is to vacate a portion of an existing 24 -foot access easement
contained within said properties.
RECOMMENDATION:
Staff recommends forwarding VAC 15-5001 to the City Council with a recommendation for
approval.
BACKGROUND:
Property and background: This property consists of lots 17 and 18 in the Timberlake Office Park
subdivision which is zoned R -O, Residential Office and contains approximately 0.95 acres. The
lots are undeveloped and contain a 24 -foot access easement along the shared side property line.
The surrounding zoning and land use is listed in Table 1.
Table I
Surround_i_n
Land Use and Zoning
Land Use F zoning
Direction
North
_ — Undeveloped
Office
R -O
—_
South
R -A; C-2
R -O
East
Office
Lowe's retail store
West
C-2
Proposal: The applicant requests to vacate the shared access easement along the side property
line as they intend to combine both lots in order to construct a building across the two parcels.
The existing easement is unnecessary.
DISCUSSION:
Vacation Approval: The applicant owns both parcels affected by the access easement. Outside
approvals to vacate this easement are not required.
Public Comment:
No public comment has been received.
Mailing Address: Planning Commission
113 W. Mountain Street www.fa gee 4emgov
i it
Fayetteville, AR 72701 gen a em
15-5001 Sims -Renner VAC
Page 1 of 9
Recommendation:
Staff recommends forwarding VAC 15-5001 to the City Council with a recommendation for
approval.
PLANNING COMMISSION ACTION
N Forwarded ❑ Denied ❑ Tabled
Date: April
13, 2015
Motion:
Cook
Second:
Selby
Vote:
9-0-0
Notes:
On consent aijenda
BUDGET/STAFF IMPACT:
None
Attachments:
• Applicant's letter
• Petition to Vacate
• Easement Vacation Exhibit
• Proposed development (SIP 15-4971)
• One Mile Map
• Close Up Map
Planning Commission
April 13, 2015
G:\ETC\Development Services Review\2015\Development Review\15-5001 VAC 4301 N. Waterside Ct. Agenda Item 2
(Sims Renner Office)\03 Planning Commission\04-13-2015\Comments and Redlines 15-5001 Sims -Renner VAC
Page 2 of 9
Bates c�- ' ,
A�s:scx::iabes, I nom_
Civil Engineering & Surveying
91 Colt Square Drive, Suite 3 / Fayetteville, AR 72703
PH: 479-442-9350 / FAX: 479-521-9350
March 3, 2015
To: City of Fayetteville Planning Commission and City Council
RE: Timberlake Office park Lots 17 & 18 Access Easement Vacation
This letter is to state the intent to vacate an existing Access Easement between the shared
lots line of Lots 17 & 18 of Timberlake Office Park. The existing 24 -foot easement lies across
the South boundary of Lot 17 and the North boundary of Lot 18. The lots are owned by Building
Equity Inc, and the proposed developer is the same. Mr. Greg Sims is the acting entity for this
corporation, which owns both lots and intends to combine lots 17 & 18 in order to construct a
building across the two parcels, rendering the existing easement unnecessary.
Sincerely,
Evan Niehues
Bates & Associates, Inc.
Planning Commission
April 13, 2015
Agenda Item 2
15-5001 Sims -Renner VAC
Page 3 of 9
■
Bates &
■ Assoloa-tes,inc.
Civil Engineering & Surveying
91 W. Colt Square Dr./ Fayetteville, AR 72703
PH: 479-442-9350 * FAX: 479-521-9350
www.nwabatesinc.com
PETITION TO VACATE A UTILITY EASEMENT LOCATED IN LOTS 17 & 18 OF
TIMBERLAKE OFFICE PARK, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the utility easement hereinafter
sought to be abandoned and vacated, lying in lots 17 & 18 of Timberlake Office Park, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility easement which is described as
follows:
ACCESS EASEMENT TO BE VACATED:
A PART OF LOTS 17 & 18 IN TIMBERLAKE OFFICE PARK, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE; ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 297,
PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT NORTHEAST CORNER OF SAID LOT 18, AND
RUNNING N04°42'31"W 12.01', THENCE N87°30'41"W 40.03', THENCE N04°42'31"E 24.02', THENCE
S87°30'41 "E 40.03', THENCE S04°42'31 "W 12.01' TO THE POINT OF BEGINNING.
That the abutting real estate affected by said abandonment of the access easement are Lots 17 & 18 of
Timberlake Office Park. City of Fayetteville used by the property owners for a period of many years, and
that the public interest and welfare would not be adversely affected by the abandonment of the portion of
the above described utility 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 and sewer 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
Planning Commissio
April 13, 2015
Agenda Item 2
15-5001 Sims -Renner VAC
Page 4of9
property owners as provided by law, and as to that partloWar (and the owners be free from the easements
of the public for the use of said alley.
Dated this 4th day of March, 2015.
e �•nr
Printed Nam
Signs re
Prinled Name
Signature
Planning Commission
April 13, 2015 iJ
Agenda Item 2
15-5001 Sims -Renner VAC
Page 5 of 9
ACCESS EASEMENT
VACATION EXHIBIT
ACCESS EASEMENT TO BE VACATED:
A PART OF LOTS 17 & 18 IN TIMBERLAKE.
OFFICE PARK, A SUBDIVISION TO TI IE CITY
OF FAYETTEVILLE, ARKANSAS AS SI [OWN
ON PLAT OF RECORD IN PLAT BOOK 23A
AT PAGE 297, PLAT RECORDS OF
WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING At
NORTHEAST CORNER OF SAID 1,O1' 18, AND
RUNNING N04°42'31'W 12.01', TI-IENCI•.
N87°30'41 "W 40 03, THENCE N04°423 I "E
24.02', THENCE S87°30'41 "E 40.03', THENCE
S04°42'3 I "W 12.01' TO THE POIN F OF
BEGINNING-
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——P4aiYning Commission
April 13, 2015
Agenda Item 2
15-5001 Sims -Renner VAC
Page 6 of 9
A . 1 If�+ -
i
3 � iili
II
anning Commission
SIMS OFFICE BUILDING II 13, 2015
cITF IMPPfFVFUFNT P1 ANe I r enda Item 2
15-5001 Sims -Renner VAC
Page 7 of 9
Agenda Item 2
15-5001 Sims -Renner VAC
Page 8of9
VAC 15-5001
Close Up View
SIMS-RENNER OFFICE BLDG.
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L ._! Design Overlay Di trict
Design Overlay Di strict
0 75 150 300 450 600
------ Planning Area Feet
• PUBLIC 1347
cPzo
Planning Commission
April 13, 2015
Rgenaa item z
15-5001 Sims -Renner VAC
Page 9 of 9
RECEIVED
NORTHWEST ARKANSAS 03
D Oct
7Tazette
CITY OF FAYETTB/t(!I
CITYCLERK`.54T(f
P.O. BOX 1607, FAYETTEVILLE, AR, 72702 - 479-442-1700 • FAX: 479-695-1118 o WWW.NWADG.COM
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
Ordinance 5766
Was inserted in the Northwest Arkansas Democrat
Gazette on:
May 21, 2015
Publication Charges: 77.82
Cathy Wiles
Subscribed and sworn to before me
This day of: , 2015.
Notary Public
My Commission Expires: L ." �, • ' . °o
Q ��; �: �NoraRY' • ��
PUBLIC
**NOTE** : �##1?_40137 ory Q`
Please do not pay from Affidavit. Invoice
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