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HomeMy WebLinkAboutORDINANCE 59624'F r.r�Tp. A'�RAI3SF�... 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5962 File Number: 2017-0165 IIIIIII IIII I III VIII VIII IIII VIII II II IIII VIII VIII VIII VIII II II IIII III Doc ID: 017493570004 Type: REL Kind: ORDINANCE Recorded: 06/15/2017 at 02:22:16 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2017_00018074 VAC 17-5725 (SW OF JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33): AN ORDINANCE TO APPROVE VAC 17-5725 FOR PROPERTY LOCATED AT LOT 33 OF VILLAS AT FOREST HILLS, SOUTHWEST OF WEST JEWELL ROAD AND NORTH SALEM ROAD 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 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 an access easement as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. 2. The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be extended northwards to access Salem Road via the Villas at Forest Hills subdivision, as indicated in the Page 1 Printed on 415117 Ordinance: 5962 File Number: 2017-0165 Forest Hills PZD Master Development Plan and approved by City Engineering staff in association with the grading permit for the Villas. The requested vacation shall not be approved until completion of the connection and its dedication and acceptance as public right-of-way by the City of Fayetteville. PASSED and APPROVED on 4/4/2017 Attest: Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 415117 VAC 17-5725 Close Up View Legend VILLAS AT FOREST HILLS LOT 33 1 Planning Area Lzzz Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint RMF -24 CORAL CANYON LOOP Feet 0 75 150 300 450 600 1 inch = 200 feet 17-5725 EXHIBIT -A' W� NORTH SO.. Residential -Agricultural RS F-4 RMF -24 `i C-2 Commercial, Industrial, Residential 17-5725 EXH 1 B17 `B' The 20' Access Easement across part of Lot 33, Town Homes at Forest Hills, Lots 1 thru 34, as filed for record, File Number 0024-00000093, January 6, 2016, more particular described as follows: BEGINNING at the Southeast Corner of said Lot 33; thence North 88005'20" West along the south line of said Lot 33 a distance of 144.09 feet; thence leaving said south line, North 25°11'24" East a distance of 21.77 feet; thence South 88°05'20" East a distance of 137.12 feet to the west right-of-way line of Salem Road and the east line of said Lot 33; thence 20.07 feet along the arc of a non -tangent curve to the right, said curve having a radius of 220.50 feet and being subtended by a chord bearing and distance of South 06°34'39" West, 20.07 feet to the Point of Beginning. Washington County, AR I certify this instrument was filed on 06/15/2017 02:22:16 PM and recorded t ea Estate File Number/2017-00 UKRAq Kyle Sylvest r- Circ leric by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0165 Agenda Date: 4/4/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 VAC 17-5725 (SW OF JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33): AN ORDINANCE TO APPROVE VAC 17-5725 FOR PROPERTY LOCATED AT LOT 33 OF VILLAS AT FOREST HILLS, SOUTHWEST OF WEST JEWELL ROAD AND NORTH SALEM ROAD 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 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 an access easement as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. 2. The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be extended northwards to access Salem Road via the Villas at Forest Hills subdivision, as indicated in the Forest Hills PZD Master Development Plan and approved by City Engineering staff in association with the grading permit for the Villas. The requested vacation shall not be approved until completion of the connection and its dedication and acceptance as public right-of-way by the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 41512017 Jeremy Pate Submitted By City of Fayetteville Staff Review Form City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/17/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 17-5725: Vacation (SW OF W. JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located SW OF W. JEWELL RD. & N. SALEM RD. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 24.43 acres. The request is to vacate an access easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Approval Date: V20140710 CITY OF F� lle ARKANSAS MEETING OF APRIL 4, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: March 17, 2017 SUBJECT: VAC 17-5725: Vacation (SW OF W. JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located SW OF W. JEWELL RD. & N. SALEM RD. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 24.43 acres. The request is to vacate an access easement. RECOMMENDATION: Planning Division staff and the Planning Commission recommend approval of VAC 17-5725 with the following conditions: Condition of Approval: Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be extended northwards to access Salem Road via the Villas at Forest Hills subdivision, as indicated in the Forest Hills PZD Master Development Plan and approved by City Engineering staff in association with the grading permit for the Villas. The requested vacation shall not be approved until completion of the connection and its dedication and acceptance as public right-of-way by the City of Fayetteville. BACKGROUND: According to Washington County records, the subject easement was recorded in January of 2016 to act as a northern access drive/outlet for the public alley serving Lots 1-15 of the Town Homes of Forest Hills. At the time, the access easement was recorded to temporarily serve the public alley rather than dedicate further right-of-way, with the intent of subsequently vacating the access easement, and connecting the alley to the Villas at Forest Hills to the north in accordance with the Forest Hills Master Development Plan. Infrastructure installation is currently underway for the Villas at Forest Hills, including the aforementioned extension of the existing public alley northward. Proposal: The applicant proposes vacation of an access easement as depicted on the attached Exhibit `A' and Exhibit `B'. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On March 13, 2017 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 9-0-0. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A • Exhibit B ■ Application • Planning Commission Staff Report VAC 17-5725 VILLAS AT FOREST HILLS 17-5725 Close Up View LOT 33 1 EXHIBIT W tallii Subject Property - -- -- HUD PERSIMMON ST CORAt CANYON LOOP NORTH Legend II Planning Area Residential -Agri cultural �- RSF-4 _ _ :Fayetteville City Limits RMF -24 Feet , �_� Shared Use Paved Trail Trail (Proposed) 0 75 150 300 450 600 Commercial, Industrial, Residential Building Footprint 1 inch = 200 feet 17-5725 EXHIBIT 2131 The 20' Access Easement across part of Lot 33, Town Homes at Forest Hills, Lots 1 thru 34, as filed for record, File Number 0024-00000093, January 6, 2016, more particular described as follows: BEGINNING at the Southeast Corner of said Lot 33; thence North 88°05'20" West along the south line of said Lot 33 a distance of 144.09 feet; thence leaving said south line, North 25°11'24" East a distance of 21.77 feet; thence South 88°05'20" East a distance of 137.12 feet to the west right-of-way line of Salem Road and the east line of said Lot 33; thence 20.07 feet along the arc of a non -tangent curve to the right, said curve having a radius of 220.50 feet and being subtended by a chord bearing and distance of South 06°34'39" West, 20.07 feet to the Point of Beginning. 0 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY FEE. $200.00 Date Application Submitted: Sign Fee: $5.00 Date Accepted as Complete: S -T -R: Project Number. PP##: Public Nearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnisher! Anlnlication: Indicate one contact person for this request: Applicant (person making request): Name: Charles Palmer Forest Hills Partners, LLC Address: 6301 Cliff Drive Ft Smith, AR 72917 Phone: ( 479 ) 494-5682 Email: Fax: Applicant ✓ Representative Representative (engineer, surveyor, realtor, etc.): Name: Patrick Foy Morrison Shipley Engineers Address: 2407 SE Cottonwood Street Bentonville AR 72712 Phone:( 479 ) 273-2209 Email: pfoy@morrisonshipley.com Fax: ( 1 Site Address / Location: Southwest corner of Salem and Jewell in The villas at Forest Hills (Lot 33) Legal description of area to be vacated (attach separate sheet if necessary): -.See-Attached..... Current Zoning District: PZD Assessors Parcel Number(s) for subject property: 765-29853-000 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: Forest Hills Partners. LLC. January 2017 Page / APPLICANT /REPRESENTATIVE: I certify under penalty of perjury dial the loregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of illy knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or nliglat set '4�6I fit lolls on appro la A''`�,t j* l',-- (OJ,7u� Date: Si PROPERTYO1VNER(S) /AUTHORI7_ED AGENT: I/wc certify under penalty of perjury that I amAve are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If slt+nyel ha' the fill ill is a al aLfeeff. ai"tplfer f tim ea('la faropery oseloer must he Provided laaala,'c afing that tk nr W rt -a wharizerl In act on hislleer hehralfl Owners (attach nrhliflonaal info if neces.vari)t Namc( Nagle (printed): SiYnature: Date! Address: Phone: ( i Address: Pbonc:( I Vacation Checklist: Attach the.%ltowing items to Ihi.e application• ( I ) Payment in lull of applicable Ices for processing the application: $200.00 application Icc $5.00 public notification sign Ice (2) Nletcs and bounds legal description of the arca to be vacated, not the entire property (this may be included on the survey plat). (3) Survey of the site depicting the per•imcfer properly lines and area within the property to be vacated. (4) CD containing a copy of the legal description in NIS Word and I'DF copies of the signed application and all other items submitted with this project. (5) A surveyor should stake the arca on the site to be vacated for utility company review on their site visit. (G) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Abstractor's Certificate of nsvnu•ship stating names of all owners of property adjacent to the street right-of-way, alley, or easement to be vacated (this document is nbtaincd front a title company). (8) A copy of the county parcel neap from the 1Vashingt01l County ASSCSSer'S office or from the Washington County website(wnjv,t:ri.tti;ttihittieatrrt_s.;lr.t s). 'file subject property and all adjacent parcels should be identified Alii this pareel ilmp. "Hic owner's name, official mailing address, and the parcel number kir every adjacem property shall be shown on this map. Jannarn-70/7 Page 2 CITY OF ray Vi PVAS 1%1 FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Jonathan Curth, Senior Planner March 13, 2017 (Updated with Planning Commission Results) SUBJECT: VAC 17-5725: Vacation (SW OF W. JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located SW OF W. JEWELL RD. & N. SALEM RD. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 24.43 acres. The request is to vacate an access easement. RECOMMENDATION: Staff recommends forwarding VAC 17-5725 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject access easement is on the west side of Salem Road between Jewell and Persimmon Roads to the north and south respectively. The access easement and all surrounding properties are a part of the larger Forest Hills Planned Zoning District (R-PZD 07-2793), which was approved in June of 2008. According to Washington County records, the subject easement was recorded in January of 2016 to act as a northern access drive/outlet for the public alley serving Lots 1-15 of the Town Homes of Forest Hills. At the time, the access easement was recorded to temporarily serve the public alley rather than dedicate further right-of-way, with the intent of subsequently vacating the access easement, and connecting the -alley to the Villas at Forest Hills to the north in accordance with the Forest Hills Master Development Plan. Infrastructure installation is currently underway for the Villas at Forest Hills, including the aforementioned extension of the existing public alley northward. Surrounding land use and zoning is depicted in Table 1. Table 1 surrounding Zoning and Land Use Direction Land Use Zoning North Residential Infrastructure for the Villas ,__ ............... R-PZD, Residential Planned Zoning District (Forest Hills) at Forest Hills South Town Homes at Forest Hills Undeveloped; R-PZD, Residential Planned Zoning District (Forest Hills R-PZD, Residential Planned Zoning District (Forest Hills) East Town Homes at Forest Hills Residential Infrastructure for the Villas West R-PZD, Residential Planned Zoning District (Forest Hills) at Forest Hills Proposal: The applicant requests to vacate a 20 -foot access easement that was previously recorded to provide a temporary northern access to Jewell Road for the public alley serving Lots 1-15 of the Town Homes of Forest Hills. The easement will not be necessary to facilitate access after the completion of infrastructure construction and dedication associated with the Villas at Forest Hills. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Vacation Approval: The applicant owns both parcels adjacent to the access easement. Outside approvals to vacate this easement are not required. Public Comment: No public comment has been received. Although a public notification sign was posted, there was not a requirement to notify adjacent property owners due to the all properties adjoining the access easement being owned by one individual. RECOMMENDATION: Staff recommends forwarding VAC 17-5725 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities or the adjacent existing structure shall be at the owner/developer's expense; and 2. The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be extended northwards to access Salem Road via the Villas at Forest Hills subdivision, as indicated in the Forest Hills PZD Master Development Plan and approved by City Engineering staff in association with the grading permit for the Villas. The requested vacation shall not be approved until completion of the connection and its dedication and acceptance as public right-of-way by the City of Fayetteville. Planning Commission Action: ® Approved Meeting Date: March 13, 2017 Motion: Hoffman Second: Hoskins Vote: 9-0-0 BUDGET/STAFF IMPACT: None. Attachments: • Request Letter • Petition to Vacate • Easement Vacation Exhibit • Updated and Approved Off-site Alley Connection • Forest Hills Master Development Plan Site Layout • One Mile Map • Close Up Map • Current Land Use Map O Forwarded O Denied GAETC\Development Services Review\2017\Development Review\17-5725 VAC N. of 563 N. Salem Rd. (Villas at Forest Hills Lot 33) 440\03 Planning Commission\03-13-2017 CUP 17-5725 Request Letter MORRISON SHIPLEY ENGINEERS - SURVEYORS February 13, 2017 City of Fayetteville Planning Commission 125 W. Mountain St. Fayetteville, AR 72701 Re: Access Easement Vacation on Lot 33 of Forest Hills Dear Planning Commission, Morrison -Shipley Engineers on behalf of Mr. Palmer would like to respectfully request the existing Access Easement be vacated, located on Lot 33 of Forest Hills. The subject property is located at the southwest corner of Salem and Jewell off Wedington. There was an alley way built during the construction of The Townhomes at Forest Hills. During the construction process it was realized it makes more sense to provide connectivity between The Villas at Forest Hills and The Townhomes at Forest Hills. The entrance to The Villas is right over 100' to the west of the alley way so it was determined to remove the alley way entrance and vacate the alley way to limit the amount of curb cuts onto Salem. Attached, please find the Access Easement Vacation Exhibit with Legal Description, a map and- list of adjacent owners, and a petition from the owners. Comments from adjacent owners were not obtain since Mr. Palmer is the owner of both properties easement is located within Lot 5. The petition from the owners will act as comments from adjacent owners if needed. If you have any questions or need additional information, please contact me at (479)273-2209. Sincerely, Morrison -Shipley Engineers, Inc. Patrick Foy, E.I. Project Manger a 30 SCALE: 1'= 30' Lot 33 The Town Homes At Forest Hills 20' Utility Easement File #0024-00000093 Per Plat 2010-00001296 S88°05'20"E 137.12' 20' Access Easmenf To Be Vacated N88°05'20"W 144.09' Lot 15 The Town Homes At Forest Hills File #0024-00000093 /POB SEorner f Lot 33 1 N. Salmi Road I� gRosdIRlght•ON' ay— Plt: 29100004 f .a T Al V Q If If _j X if Il CO a aI im U The 20' Access Easement across part of Lot 33, Town Homes at Forest Hills, Lots 1 thru 34, as filed for record, File Number 0024-00000093, January 6, 2016, more particular described as follows: BEGINNING at the Southeast Corner of said Lot 33; thence North 88°05'20" West along the south line of said Lot 33 a distance of 144.09 feet; thence leaving said south line, North 25°11'24" East a distance of 21.77 feet; thence South 88°05'20" East a distance of 137.12 feet to the west right-of-way line of Salem Road and the east line of said Lot 33; thence 20.07 feet along the arc of a non -tangent curve to the right, said curve having a radius of 220.50 feet and being subtended by a chord bearing and distance of South 06°34'39" West, 20.07 feet to the Point of Beginning. ..w1ketaitale, i M STATE OF y ARKANSA • 0. 150 ; 7b M� ;C Ls] - � — i shav R I OF AUP, MORRISON- SHIPLEYLU U ENGINEERS, INC. Z No. 281 rY Y ;t R CANS S 13'� E orars � A11111111"11 T VACATION rx MORRISON lej SHIPLEY LOT 33 D.P. 02.10.17 ENGINEERS . SURVEYORS THE TOWN HOMES AT FOREST HILLS WAP -57 a 2407 SE C,"o—od St -1, . Bentonville, AR 72712. 478,2732208.—i—hiploy—m Fayetteville, Washington County Arkansas o F:np1 PIp1 0 - CUP 17.5725 Update and Approved= { 33 Off-site Alley Connection m 'ALLOY A'":t"'---J-- I.T 1 al' (•, III !���n �ffpp M m u� G _ } Yf.3.tag a�';' a .•d-- I 7 W ,'kl�' L .h,.r it � i 1 � � �_ •�, l 111 y��{+ t �G•�'�" I � Im � � �� f Y� 14 +111 f ll T� �„+�r u " - Jl�elsf� p11111 I 1� ti� $� u� I� �� � 4111 .:' •.� � ..�� a e�_� Y � Villas of Forest Hills f Yi 1111, . Il]I � p rn � ����.. I>b"�.•. +SII I . a: g�° �1 �—I � � i��' l �°K aoUp- 1 { 14 it{Ii �° a a !au I L � r � �8 ����•, I iI� �,�1 r• I x 1 I 41. A ti's CIDII} x of / l� Area of Interest r�: ti _ :(See Next Page) 1 � � 1 � � � � ,� Town Homes of Forest Hills \ �. Oz � � •..! .. �/' �� rte.--�"�^rr."�^ aA '�- � � � � •fit � W " 6 v CUP 17-5725 Update and Approved rn Off-site Alley Connection -� f Villas of''� Forest Hills 1 U 4 a W �� Town -Homes of Forest Hills \..!` 1 Subject Access Easement Existing Alley Proposed Alley (Under Construction) VAC 17-5725 VILLAS AT FOREST HILLS LOT 33 NORTH One Mile View R1MF-12 0 0.125 0.25 0.5 Miles RESIDENUALlINi4E4"tLY �s CHEVAUX DR - w✓.x*xyK•rral COMMERCIAL 1"-`= •�_.e 6 %Ir�� 3R1}� ,act+-4Ad-w-�-i4i' S nlal 011me 1 Planning Area , Ae , BLACK FORE$T DR RSFA RSF'] GRU'l RSFaa FORM SgSEDDISTRICTS _Don Core r i 17+ RP'!.D ...... Shared Use Paved Trail NS -L-A RESIDENTIAL MULTIFAMILY eei Dercer Subject Property • ROCKFORD DR �DounSwnGeraral 1®1111 Trail (Proposed) RMF`RMF.1} a Design Overlay District d U.) c C Ie� NeigMorllooU Corrservalon PANNED ZONING DISTRICTS — 9 , r Plannin Area P -1 Im, alnal R e nl u Building Footprint - - Fayetteville City Limits ••..r.. _� � J !11111; � r • ....... •..., iRll isR lAe I1 L... ..e..r N.f a. a SFA 00 C1 r r r 4f a t 7t r J s r �.A M CS ZMvng EXTRACTION Legend RESIDENUALlINi4E4"tLY )♦F, - w✓.x*xyK•rral COMMERCIAL 1"-`= RSFs nlal 011me 1 Planning Area RSFA RSF'] Fayetteville City Limits - - RSFaa FORM SgSEDDISTRICTS _Don Core a ■Il r a^a rare ...... Shared Use Paved Trail RESIDENTIAL MULTIFAMILY eei Dercer IN RT -t1 R s�cenlal Tvo antl TSlee lamiiy �DounSwnGeraral 1®1111 Trail (Proposed) RMF`RMF.1} -,,—hNeigMorny$enCeB ootl Services Design Overlay District d . RMFt9 RMF 24 Ie� NeigMorllooU Corrservalon PANNED ZONING DISTRICTS — 9 , r Plannin Area RMF°° Im, alnal R e nl u Building Footprint - - Fayetteville City Limits INDUSTRIALG a.y amm ma =^° reMl^tl�rral !1lAr ne.r�l mxe�,l TLI;1�a INS PTUTIONAL , VAC 17-5725 VILLAS AT FOREST FALLS Close Up View LOT 33 R -A Subject Property RFID PERSIMMON ST RNI F-24 u� CORAL CANYON LOOP o NORTH Legend Planning Area Residential -Agricultural --- i — — — RSF-4 Fayetteville City Limits RMF -24 Shared Use Paved Trail Feet C-2 Trail (Proposed) 0 75 150 300 450 600 Commercial, Industrial, Residential Building Footprint 1 inch = 200 feet ilk ilia, t e e Ir r.,ir 9-44 t x. I 1.I Y.'v. r;.Nvv�tLC. 01 AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County 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. 5962 Was inserted in the Regular Edition on: April 13, 2017 Publication Charges: $ 117.00 Karen Caler Subscribed and sworn to before me This Z day of 0?_�_ , 2017. &V, " Notary Public My Commission Expires: MY COFf71711a it, Feb 20 2024 **NOTE** Please do not pay from Affidavit Invoice will be sent. RECEIVED MAY 012017 CITYO LERY E 0FFICE Ordinance: 5962 File Number: 2017-0165 VAC 17-5725 (SW OF JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33): AN ORDINANCE TO APPROVE VAC 17-5725 FOR PROPERTY LOCATED AT LOT 33 OF VILLAS AT FOREST HILLS, SOUTHWEST OF WEST JEWELL ROAD AND NORTH SALEM ROAD 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 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 an access easement as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developers expense. 2. The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be extended northwards to access Salem Road via the Villas at Forest Hills subdivision, as indicated in the Forest Hills PZD Master Development Plan and approved by City Engineering staff in association with the grading permit for the Villas. The requested vacation shall not be approved until completion of the connection and its dedication and acceptance as public right-of-way by the City of Fayetteville. PASSED and APPROVED on 4/4/2017 Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 74093567 April 13, 2017