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Home My WebLink AboutORDINANCE 5973113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5973 File Number: 2017-0204 Doc 10: 017493530004 Type: REL Kind; ORDINANCE Recorded: 0s/15/2417 at 02:20:22 R1 Fee Amt: $30.00 Pape 2 of 4 Kyleisvlvesterncl, cuiit Clerk Flle2017-00018070 VAC 17-5753 (SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR./CP PROPERTIES): AN ORDINANCE TO APPROVE VAC 15-5753 FOR PROPERTY LOCATED AT SOUTHEAST CORNER OF CROSSOVER ROAD AND HEARTHSTONE DRIVE TO VACATE A PORTION OF A DRAINAGE EASEMENT AND A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a drainage easement and a portion of a utility easement 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 a portion of a drainage easement and a portion of a utility 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 condition: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Page 1 Printed on 5/17/17 Ordinance: 5973 File Number.' 2017-0204 PASSED and APPROVED on 5/16/2017 Attest: Sondra E. Smith, City Clerk "TreaSi`r6jjisirrr�ry�� Op r •) �� X� �`r .5�yt* iri+ ►'``• Page 2 Printed on 5/17/17 17-5753 " Exhibit 'A'��-1L—.. f 1 N57`31'31^E 48.91' 1 CUR I r 1 IEX. SBIEYNAiK -f I 1 l� Iw W �1 Ig a z 1 =i' I1 r r 3 77 14.E 50 i6 t '+= CORNER LOT 2 � rr RSITE IH88'Mewy 10.00' 0 - c - S87'MVELEX 2.53' 30' PORTION TO SO, S.B. N8"'14W�, r -W -Il I Rj 78 31,69' U.E. VACATE J n f EXISTING AT&T LINE BE VACATED & U E 2lXUEG Q FOUND ALUMINUM MONUMENT z 0 SET IRON PIN&CAP (7,514.645.E) EXISTING UNDERGROUND ELECTRIC J 1 1 $ + 24'U.E. ,0- LINE w ® SEWER MANHOLE —wsws—ws—wP— ROPGs�I FAYETTEVILLE, ARKANSAS I �i,1J SHEET TITLE: 11TILFfYEASEMENT VACATION - '^ � ® TELEPHONE PEDESTAL I 1 aJ 09'IY441E 2 I J N DRAWN BY: BJR W ® GAS METER 79 OWNER: n _ _ EXISTING STORM DRAIN �^ I 4-1'tV U.E. N09'19'44'W x 0 WATER METER T CP PROPERTIES LLC. I I 1663 VIEWPOINT W E 7164' I FAYETTEVILLE, AR. 72701 PIMACT'U.. VL56M01701ftF.'j EAT= / S 1 / / / 20' VE. / / r f LEGAL DESCRIPTION: (BOUNDARY) N15°34'45'E 57.03' '�' // Apan of Lot 1 and all of Lot 2 of Stonewood 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. EX, 20' DRN. ESMT —(TOBE VACATED) 4,378.82 S.F. / � / LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) �A/ A part of Lot 1 and 2 of Stonewood Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit 31)'R LOT LPI / / �_y3 i 80 Clerk and Ex-OBiclo Recorder of Washington County, Arkansas, and being described as follows: Commencing at the NE Comer of said Lot 2, pmeol 10' U.En' thence S02°50'04'W 50.02 feet. thence N88°34'14'W 10.00 feet to the POINT OF BEGINNING; thence N88134'14'W 31.69 feet, thence '1tYs/ /' S85'2310 'W 111.32 feet, thence N87°09'56'W 107.17 feel, thence N01'4 1'21'E 30,01 fee[, thence 587109'561E 105.621eeS thence y5`34'45'1A' // Or / N85°23'06"E 110.95 fest, thence S88°34'14"E 34.01 feel, thence SO2°50'04°W 30,01 feet to the POINT OF BEGINNING: Containing 7,514.64 112.78' / square feet or 0.1725 acres more or less. / 1, SE CORNER / E / MT, VACATE LOT 1 ! / / LEGAL DESCRIPTION: (DRAINAGE EASEMENT VACATION) A pan of Lot 1 of Stonewood Subdivision In Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circult Clerk — and Ex -Officio Recorder of Washington County, Arkansas, and being described as follows: Commencing at the SE Comer of said Lot 1, -- ^ — thence N86°22125'W 99.56 feet to the POINT OF BEGINNING; thence N86122251M17.10 feel, thence N01141'21T 54.39 feet thence 25' Z N15`34'45°E 57.03 feet, thence N09°19'449N 71.64 feet thence N01°41'21'E 91.72 het, thence S87°09'56'E 2.53 feet, thence S09°79'44'E 165.56 feet, thence S1 5'34'45'W 112.78 feet to the POINT OF BEGINNING: Containing 4,378.82 square feel or 0.1005 acres more or less. 119 X CALCULATED POINT EXISTING 8' SEWER LINE EXISTING AT&T LINE UTILITY EASEMENT PROJECT TITLE: MYS P= Q FOUND ALUMINUM MONUMENT z 0 SET IRON PIN&CAP — STINGGAS UNE EXISTING UNDERGROUND ELECTRIC _ .--. BUILDING SETBACK 124 W Sunhridge Drive, Suite 5 JORGENSEN Fa AR 72703 LOCATION: FAYETTEVILLE, ARKANSAS .- w ® SEWER MANHOLE —wsws—ws—wP— — �� .. —,:: — v etteville, Ili..: 479.442.9127 �lk SHEET TITLE: 11TILFfYEASEMENT VACATION - '^ � ® TELEPHONE PEDESTAL EXISTING 8° WATERLINE EXISTING SEWER FORCE MAIN CENTERLINE STREET . + ASSOCIATES Fax: 479.5824007 DRAWN BY: BJR W ® GAS METER _.a,.�-.... .•,� EXISTING COX COMMUNICATION LINE ,,, STREET RIGHT OF WAY _ _ EXISTING STORM DRAIN �^ Civil Engineering + Surveying 'vww.jorgensena--, SHEET SCALE: 1'=50' DATE: FEBRUARY28.2017 0 WATER METER — — - PIMACT'U.. VL56M01701ftF.'j EAT= 17-5753 EXHIBIT 'B' LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A part of Lot 1 and 2 of Stonewood 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 2, thence S02050'04"W 50.02 feet, thence N88034'14"W 10.00 feet to the POINT OF BEGINNING; thence N88034'14"W 31.69 feet, thence S85023'06"W 111.32 feet, thence N87°09'56"W 107.17 feet, thence N01 °41'21 "E 30.01 feet, thence S87009'56"E 105.82 feet, thence N85023'06"E 110.95 feet, thence S88034'14"E 34.01 feet, thence S02050'04"W 30.01 feet to the POINT OF BEGINNING: Containing 7,514.64 square feet or 0.1725 acres more or less. LEGAL DESCRIPTION: (DRAINAGE EASEMENT VACATION) A part of Lot 1 of Stonewood 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 1, thence N86022'25"W 99.58 feet to the POINT OF BEGINNING; thence N86022'25"W 7.10 feet, thence N01 °41'21 "E 54.39 feet, thence N 15°34'45"E 57.03 feet, thence N09° 19'44"W 71.64 feet, thence N01 041'21 "E 91.72 feet, thence S87009'56"E 2.53 feet, thence S09° 19'44"E 165.56 feet, thence S15034'45"W 112.78 feet to the POINT OF BEGINNING: Containing 4,378.82 square feet or 0.1005 acres more or less. Washington County, AR I certify this instrument was filed on 06/15/2017 02:20:21 PM and recorded inrRestate FileNumber2080Kyle Sylvester -erk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File -- File Number: 2017-0204 Agenda Date: 5/16/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 VAC 17-5753 (SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR./CP PROPERTIES): AN ORDINANCE TO APPROVE VAC 15-5753 FOR PROPERTY LOCATED AT SOUTHEAST CORNER OF CROSSOVER ROAD AND HEARTHSTONE DRIVE TO VACATE A PORTION OF A DRAINAGE EASEMENT AND A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a drainage easement and a portion of a utility easement 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 a portion of a drainage easement and a portion of a utility 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 condition: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 5/1712017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 7017--0204 Legistar File ID 5/2/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/14/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 17-5753: Vacation (SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR./CP PROPERTIES, 099): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at the SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR. The property is zoned R -O, RESIDENTIAL OFFICE, and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.96 acres. The request is to vacate a portion of a drainage easement and a portion of a utility 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 ay01 T l ARKANSAS MEETING OF MAY 2, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO) THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: April 14, 2017 SUBJECT: VAC 17-5753: Vacation (SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR./CP PROPERTIES, 099): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at the SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR. The property is zoned R -O, RESIDENTIAL OFFICE, and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.96 acres. The request is to vacate a portion of a drainage easement and a portion of a utility easement. RECOMMENDATION: Planning Division staff and the Planning Commission recommend approval of VAC 17-5753 with the following condition: Condition of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. BACKGROUND: The subject property contains two parcels totaling approximately 1.79 acres located at the southeast corner of Crossover Road and Hearthstone Drive. The property is currently undeveloped but is being considered for rezoning to a form -based district that requires structures be located near adjacent streets, which us currently unfeasible given the breadth of the existing easements. Proposal: The applicant proposes vacation of a portion of utility easement and a drainage easement as depicted on the attached Exhibit 'A' and Exhibit `B'. DISCUSSION: On April 10, 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 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: • Exhibit A • Exhibit B • Application • Planning Commission Staff Report 6 Q n n M W N jj�I Irl n Bio zv I o U)--�J-- `QII+S ��ti�,t O \ i DI I �� 4\ aSa\ _ '� w Mtn ��`�� y• W, I� . all Y 1 m y � o 3 o r to `\\ —- M -Z M � o N w Z — � — � _ �_ S9Z# A,.yrAip�yi 31M5 SY5Hkllyy s N a.+ Lo ti If" u w z F> - z E n= �C°am T2o�m 33 � -�m�w � 3vam 30 �E p Z U') W U `QII+S ��ti�,t O \ i DI I �� 4\ aSa\ _ '� w Mtn ��`�� y• W, I� . all Y 1 m y � o 3 o r to `\\ —- M -Z M � o N w Z — � — � _ �_ S9Z# A,.yrAip�yi 31M5 SY5Hkllyy s N a.+ Lo ti If" u w 17-5753 EXHIBIT 'B' LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A part of Lot 1 and 2 of Stonewood 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 2, thence S02050'04"W 50.02 feet, thence N88034'14"W 10.00 feet to the POINT OF BEGINNING; thence N88034'14'.'W 31.69 feet, thence S85023'06"W 111.32 feet, thence N87009'56"W 107.17 feet, thence N01 °41'21 "E 30.01 feet, thence _S87009'56"E 105.82 feet, thence N85023'06"E 110.95 feet, thence S88034'14"E 34.01 feet, thence S02050'04"W 30.01 feet to the POINT OF BEGINNING: Containing 7,514.64 square feet or 0.1725 acres more or less. LEGAL DESCRIPTION: (DRAINAGE EASEMENT VACATION) A part of Lot 1 of Stonewood 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 1, thence N86022'25"W 99.58 feet to the POINT OF BEGINNING; thence N86022'25"W 7.10 feet, thence N01041'21"E 54.39 feet, thence N1 5'34'45"E 57.03 feet, thence N09019'44"W 71.64 feet, thence N01 041'21"E 91.72 feet, thence S87°09'56"E 2.53 feet, thence S09°19'44"E 165.56 feet, thence -Sl 5034'45"W 112.78 feet to the POINT OF BEGINNING: Containing 41378.82 square feet or 0.1005 acres more or less. 4 CITY OF FAYETTEVILLE, ARKANSAS Might -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY FEE: $200.00 Date Application Submitted. Sign Fee: $5.00 Date Accepted as Complete: S -T -R: Project Number:� C, PM Public Hearing Date: ��.•JJ J Zone"loq Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant (person making request): Name: Max Parker for CP Properties mm .:1 •.•, mrtonIN � R Phone: ( 479) 799_691$ Email: gmax32@,qmail.com Fax: ( ) Applicant _)C_ Representative Representative (engineer, surveyor, realtor, etc.): to 1:11 RIZI Address: 124 W. Sunbridge Dr. Suite 5 Fayetteville. AR 72703' Phone: ( 479 ) 442-9127 Email: blake@jorgensenassoc.com Fax: ( 479) 442-9127 Site -Address / Location: SE corner of Crossover- Rd. & Hearthstone Dr. Legal description of area to be vacated (attach separate sheet if necessary): Current Zoning District: 0 & RSF-4 Assessors Parcel Number(s) for subject property: FINANCIAL INTERESTS Parcel: 765-22244-000 & 765-22245-000 The following entities and / or people have financial interest in this project: ___CP Pertips December 2014 Page 1 4 (9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached). (10) For applications to vacate an access easement, alley or right-of-way only: Written consent is required from all adjacent property owners and is required to be submitted with the application (example form is attached). (11) Comments from all utility companies concerning the street right-of-way, alley, or easement to be vacated and its relationship to existing or planned utilities with recommendations as to what action should be taken (an example comment form is attached) is required at application submittal. (12) The applicant is responsible for meeting the public notification requirements for a Vacation listed on the Notification Requirements pages in this application. Utility Representatives for a Vacation Request Name Company Telephone Email Jeff Hamilton AT&T 442-1967 jh5430@att.com Chad Hodge Cox Communications 365-2402 Chad.Hodge@cox.com John Le AEP/SWEPCO 973-2426 the@aep.com Scott Stokes Source Gas 435-0229 Scott. Stokes@sourcegas.com Wes Mahaffey Ozarks Electric 684-4649 wmahaffey@ozarksecc.com Or Mike Phipps 684-4696 mphipps@ozarksece.com City Divisions: Mark Rogers Water and Sewer 575-8392 mrogers@fayetteville-ar.gov Maury Nelson Solid Waste 575-8397 mnelson@fayetteville-ar.gov Terry Gulley Transportation 444-3491 tgulley@fayetteville-ar.gov *Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage Easement Vacation is being requested. December 2014 Page 3 APPGICANTI REPRESENTATIVE: I certify under penalty of perjury that the foregoing slatements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. l 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 ..un applying for, or might set conditions on approval. Narne tnrinlcdl: M .11 K 7 A, 1C [=' f� / C �' I-Ait f Y I I l- SDate: 2— j 1; 1 t PROPERTY OWNER(S) /AUTIIORI7_ED AGENT: Uwc certify under penalty of -perjury that I am/we 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. (/f eu++led hr the atitharr'ied atter+t. a Ieraetr lreny each prnprrjp ati rr irl+t�l hC nruur'Q�trl lrtrltrrtlrt±r th I the agent l+' mithor" ed to art an hi.Oier helical . Owners (attach iodditlonal infe if ne"S"ary)., Name (printed):, 'L r 't `C+–_ Address: /(J �j -' �. ��1 7 Grd� ✓'-L '<>l L Si n ItitrG` / f -p/ Z/" ' 7 x(21 Date: t Phone: E/ } t Name ( rintvd). 11 'P 'Lata .JA 'e 1' / SI-L'tttllUrC: 1-•" 'Al ,ter �.r�-''�•'a�. Date: 2. 1 Address: i l/ 6 t'0 VV - ct-w e`' L V, { y 72 7dt Phone: ('h7if1 `? �� Vacation Checklist: Atioch the_fbilowing items to this application: (I) Payment in full of applicable fees for processing the application: $200.00 application fee Si.00 public notification sign f'ee (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may he included on the survey plat) - (3) Survey of the site depicting the perimeter property lines and 8rca within the property to be vacated. (4) CD containing a copy of the legal description in MS Word and PDP copies of the signed application and all other items submitted with this project. (j) A surveyor should stake the area on the site to be vacated for utility company review on their site visit. (6) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Abstractor's Certificate o1' Ownership slating names ofall owners of properly adkjacent to the street right-of-way, alley, or easement to be vacated (this document is obtained from a title company). (3) A copy of the county parcel map from the Washington County Assessors office or from the Washington County website Qvvyl yxor w�ijlqn.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owners name, official mailing address, and the parcel number for every adjacent properly shall be shown on this map. December 2014 Pine 2 CITY OF 131 T Fay7 7 - I ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner April 10, 2017 (Updated with Planning Commission Results) SUBJECT: VAC 17-5753: Vacation (SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR./CP PROPERTIES, 099): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at the SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR. These properties are zoned R - O, RESIDENTIAL OFFICE, AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contain approximately 1.79 acres. The request is to vacate portions of a drainage easement and a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 17-5753 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject property contains two parcels totaling approximately 1.79 acres located at the southeast corner of Crossover Road and Hearthstone Drive. The property is currently undeveloped but is being considered for rezoning to a -form -based district that requires structures be located near adjacent streets, which us currently untenable given the breadth of the existing easements. Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundinq Zoning and Land Use Direction Land Use Zoning North Undeveloped; Pro ert Management Offices R -O, Residential Office South Undeveloped RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Lake Fayetteville Park/ Botanical Garden of the Ozarks R -A, Residential Agricultural Proposal: The applicant proposes vacation of a portion of utility easement to allow for construction of structures closer to the street right-of-way in compliance with the build -to -zone requirements of a proposed rezoning to a form -based zoning district. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Utlllty Response Cox Communications No objections AEP/SWEPCO No objections BlackHills Energy AR No objections AT&T No objections Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections Solid Waste & Recycling No objections Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 17-5753 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. i Planning Commission Action: O Approved ® Forwarded O Denied Meeting Date: April 10, 2017 Motion: Hoffman Second: Belden i Vote: 9-0-0 G:\ETC\Development Services Review\2017\Development Review\17-5753 VAC SE of Crossover Rd & Hearthstone Dr. (CP Properties) 099\03 Planning Commission\04-10-2017 BUDGET/STAFF IMPACT: None. Attachments: • Request Letter • Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map • Current Land Use Map GAETC\Development Services Review\201 7\Develop men t Review\17-5753 VAC SE of Crossover Rd. & Hearthstone Dr. (CP Properties) 099\03 Planning Commission\04-10-2017 JORGENSEN +ASSOCIATES 40 �n February 15, 2017 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CUP 17-5753 Request Letter Attn: Planning Department Re: Parcel 765-22244-000 & 765-22245-000 VAC To Whom It May Concern; 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 Please find the attached Vacation request for the property located at the southeast corner of Crossover Rd. & Hearthstone Dr. The main objective of this application is to vacate existing easements located along the road right-of-ways to allow for proposed structures to be located along the front of the property with parking located in the rear. To the best of our knowledge, there are no known utilities lying within these easements. Any public utilities found within the site that are in conflict with the proposed development will be relocated and new easements will be dedicated. Please contact us with any questions or comments. We look forward to your assistance. Sincerely; Blake E. Jorgensen, P.E. CUP 17-5753 JOR�GENSEN Petition to 124WSille,Age2703SuiteS Fayetteville, AR 72703 +ASSOCIATES Vacate Office: 479.442.9127 wH Fax. 479.582 4807 PETITION TO VACATE EASEMENTS LOCATED IN LOTS 1 & 2 OF STQNEWOOD SUBDIVISION, CITY OF FAYETTEVIILLE, 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 easements hereinafter sought to be abandoned and vacated, lying in Lots 1 & 2 of Stonewood Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate easements which are described as follows: UTILITY EASEMENT VACATION A part of Lot 1 and 2 of Stonewood 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 2, thence 502"50'04"W 50.02 feet, thence N88°34'14"W 10.00 feet to the POINT OF BEGINNING; thence N88"34'14"W 31.69 feet, thence S85°23'06"W 111.32 feet, thence N87°09'56"W 107.17 feet, thence N01°41'21"E 30.01 feet, thence 587°09'56"E 105.82 feet, thence N85°23'06"E 110.95 feet, thence S88°34'14"E 34.01 feet, thence S02°50'04"W 30.01 feet to the POINT OF BEGINNING: Containing 7,514.64 square feet or 0.1725 acres more or less. DRAINAGE EASEMENT VACATION A part of Lot 1 of Stonewood 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 1, thence N86°22'25"W 99.58 feet to the POINT OF BEGINNING; thence N86"22'25"W 7.10 feet, thence N01°41'21"E 54.39 feet, thence N1S°34'45"E 57.03 feet, thence N09"19'44"W 71.64 feet, thence N01"41'21"E 91.72 feet, thence S87"09'56"E 2.53 feet; thence 509'19'44"E 165.56 feet, thence 515'34'45"W 112.78 feet to the POINT OF BEGINNING: Containing 4,378.82 square feet or 0.1005 acres more or less. 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 property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this of/L-1 "A,,(LC. j--- --® 2017. Printed Name li,( 6Z-te 5ignaiure '� 4 CUP 17-5753 Utility Approval Forms FOR RICHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATION$ DATE: 3!112017 UTILITY COMPANY: Cox Communications APPLICANT NAME: JOr�ensen & Associates_ APPLICANT PHONE: _419443-9127, _ REQUESTED VACATION (applicam must check all Mot appl),): x Utility Easement l Right-of-way for alley or streets and all utility easements located within the vacated right- nt= way, :l Alley =1 Street right-of-way I have been notified of the petition to vacate the fallowing ((Wev, eelremertl, tib>h! ref'wav), described as follows: General location / Address SE Corner of N. Crossover Rd. & Hearthstone Drive W (A 7T4 C H legal descriprimi ir�rrl grapbic represerrlaliorr of wltal is being vacaled-SUR I'iEY) UTILITY COMPANY COIF- MENTS: No objections to (lie vacation(s) described !hove, and no comments. :i No objections to the vacation(s) described above, Provided following described easements are retained. (Shite the location, dimensions, and purpose below.) X No objections provided the Following conditions are met: fi Signature of Utility Company Representative •1 MW sl +. 1 1! 11-1-4 !Nacre+lrer 2014 pngr 5 is paid. 61 UTILITY APPROVAL FORM FOR RIGHT- OT- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3/112017 UTILITY COMPANY: AEP/SWEPCO APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 479-443-91.27 REQUESTED VACATION (applicant must check all that apply): X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate thb following (alley, easement, right-of-way), described as follows: General location! Address SE Corner of N. Crossover Rd. & Hearthstone Drive 49 (ATTACH legal description and graphic representation of what is 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 are retained. (State the location, dimensions, and purpose below.) _:i No objections provided the following conditions are met: Signature of Util y Company Representative Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3/1/2017 UTILITY COMPANY: BlackHills Energy Ar APPLICANT NAME: - Jorciensen & Associates APPLICANT PHONE: A7-9-443-9A2-7-- REQUESTED 7-9-4439 7 -_REQUESTED VACATION (applicant must check all that apply): x Utility Easement E Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. E Alley [: Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address SE Corner of N. Crossover Rd. & Hearthstone Drive IR (ATTACH legal description and graphic representation of what is 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 are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility Company Rcpresent�ive Title December 2014 Page 5 4 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 320 9 7 UTILITY COMPANY: AT&T APPLICANT NAME: Jorgensen&Associates APPLICANT PHONE: 479-443-9127 REQUESTED VACATION (applicant must check all that apply): x Utility Easement ❑ Right-of-way for alley or streets and all 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 (alley, easement, right-of-way), described as follows: General location/ Address SE Corner of N. Crossover Rd. & Hearthstone Drive 19 (ATTACH legal description and graphic representation of what is 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 are retained. (State the location, dimensions, and purpose below.) -x No objections provided the following conditions are met: rt o the Easement Vacate will If �=l`�llltl�,s are r� ��IrAe� t� . �. relocated cto t — be the responsibility of the € caner/ developer. Signature of Utility Company Representative GR OSP PLNC & EN RC DESIGN Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3/1/2017 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 479-443-9127 _ REQUESTED VACATION (applicant must check all that apply): x Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley E Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location /Address SE Corner of N. Crossover Rd. & Hearthstone Drive l� (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTTIILITY COMPANY COMMENTS: 1/ 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 are met: W"45 MAAA&5 Signature of Utility Company Representative Staking Tech. III Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE; 3/1/2017 UTILITY COMPANY: Water & Sewer APPLICANT NAME: Jorgensen & Associates APPLICANT PHONE: 479-443-9127 REQUESTED VACATION (applicant must check all that apply): X Utility Easement Right-of-way for alley or streets and all 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 (alley, easement, right -of -wary), described as follows: General location / Address SE Corner of N. Crossover Rd. & Hearthstone Drive (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: f. 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,) No objections provided the following conditions are met: Signature if Utility Ctl ;my Representative Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 311/2017 UTILITY COMPANY: Solid Wast APPLICANT NAME: Jorgensen &,Associates APPLICANT PHONE: -4Z9443--2127 REQUESTED VACATION (applicant must check all that apply): X Utility Easement E. Right-of-way for alley or streets and all 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 (alley, easement, right-of-way), described as follows: General location / Address SE Corner of N. Crossover Rd. & Hearthstone Drive (ATTACH legal description and graphic representation of what is being vacated -SUR VF. Y) 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.) No objections provided the following conditions are met: Title December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3/1/2017 UTILITY COMPANY: Tfansportaflon APPLICANT NAME: 40 APPLICANT & ASSOCIafeS APPLICANT PHONE: 479-4.43-9'(27 REQUESTED VACATION (applicant must check all that apply): X Utility Easement Right-of-way for alley or streets and all 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 (alley, easeynent, right-of-way), described as follows: General location/ Address SE Corner of N. Crossover Rd. & Hearthstone Drive pa (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: r 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.) No objections provided the following conditions are met: Sign ur of Util' Company Representative Title December 2014 Page 5 4 l # 133HS w _ z la uj sf D Q 'a GVfrL yES� �z�¢�jrcW W r _ €` >� �-{ ■ b o � 33 a m3 W - w Rya "' avm - 1 r ' I tj¢ gEoQ u c E aim�3 LLJ .� go�W .OS.EITS Q Q tv 00 wt Ir+ \ \ R i w sR�R F I cop elk .£S'£6Z 3..LZMI.WN a 59Z#Ag7iyL911131k15'Sq'Sdito ?N Nd z z LO N a•+ r _ LO ti a N V K�` LU U W > x©0 ON3931 VAC 17-5753 +C P PROPERTIES One Mile View r NORTH :4T �q�r�aY9ga 1 0 0.125 0.25 0.5 Miles i ;�ti'�i f'�f99199 r9919191131•� 1 1199►1 f + LAKE RD. � I ALBRIG FI D r-- [li RS F-4 Subject Property R -A Subject Property I r 1 E I I . I I �Q 1 I I I l t 'I f R -O ° RP7,11 C-1 I r re W` I r tiC 1'-1 z w ii l I Ir UJ I U` zoning Fx TRA4TP6H RESIDENT IA L SING LE -FA MILY Mr. Legend -1-1-In,CDx MFRLIRU sF a <: 4 - ' Planning Area R3F iDRM tlASfi9496iRICTa 'Fayetteville City Limits Isr„e RESIDENTIAL MULTI -FAMILY V__ay CSM+ .a,.... Shared Use Paved Trail R.,zge,ae Fe KIR w�+wraw<.. n s R yf F.,a ;>N r4yia: negl ww�+.a`w 999911 Trail (Proposed) 'W”' 'R F'-zn rurNeorow,rnal�,m rs Planning Area IND STI TUTION a a Resde 1, Building Footprint INDUSTRIAL Lcommer a INSTITUTIONAL Fayetteville City Limitswr..uuwla tl`g 11 �f �l VAC 17-5753 CP PROPERTIES Close Up View R -O Subject Property 11. Ir w R A � Subject Property RSF-4 Legend ' Planning Area Fayetteville City Limits Feet Shared Use Paved Trail Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet LADELLE PL HEARTHSTONE DR NORTH Residential -Agricultural RSF-4 Residential -Office OX 1607. F NoRTHwEsTARKANsAs Democrat azette 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. 5973 Was inserted in the Regular Edition on: May 25, 2017 Publication Charges: $ 9q0. Karen daler Subscribed and sworn to before me This --�5l day of/L{C�, 2017. azz W,4, Notary Public My Commission Expires: Z17_/2n4 a...<n j� * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUN 0 5 Z017 CITY CLERKS OFFICE Ordinance: 5973 File Number: 2017-0204 VAC 17-5753 (SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR./CP PROPERTIES): AN ORDINANCE TO APPROVE VAC 15-5753 FOR PROPERTY LOCATED AT SOUTHEAST CORNER OF CROSSOVER ROAD AND HEARTHSTONE DRIVE TO VACATE A PORTION OF A DRAINAGE EASEMENT AND A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a drainage easement and a portion of a utility easement 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 a portion of a drainage easement and a portion of a utility 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 Section 3. This vacation approval is subject to the following condition: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED on 5/16/2017 Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74144803 May 25, 2017