HomeMy WebLinkAboutORDINANCE 6120113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6120
File Number: 2018-0657
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VAC 18-6416 (W. OF 2122 W. MOORE LN./PINES AT SPRINGWOODS):
AN ORDINANCE TO APPROVE VAC 18-6416 FOR PROPERTY LOCATED WEST OF 2122 WEST
MOORE LANE IN THE SPRINGWOODS COMMERCIAL PLANNED ZONING DISTRICT TO
VACATE PORTIONS OF UTILITY EASEMENTS
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 portions of utility easements are
not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of
utility easements 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 condition that any relocation of or damage to existing
utilities or existing facilities shall be at the owner/developer's expense.
Page 1 Printed on 1215118
Ordinance 6120
File Number: 2018-0657
PASSED and APPROVED on 12/4/2018
Attest:
L' e � " & —, X, --/, (
Sondra E. Smith, City Clerk Treasur�6R Ipw,,,,�`Fr
•
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■ VAYETTEVILLE :�
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Page 2 Printed on 1215(18
18-6416
EXHIBIT °B°
Easement Exhibit A Vacation Description:
That part of an existing utility easement depicted on the Final Plat of Springwoods filed for record as
Survey Document #0023A-00000102, June 4, 2004, also being depicted on the record plat of The Pines
at Springwoods Utility Easement Plat & Right -of -Way Dedication plat as filed for record as Survey
Document #0023-00000277, March 6,2007, also being depicted on the record plat of The Pines at
Springwoods Lot Line Adjustment filed for record as Survey Document #2014-00016839, July 7,2014,
being part of the Southwest Quarter (SW1/4) of Section 33, Township 17 North, Range 30 West, of the
Fifth Principal Meridian, Washington County Arkansas, being more particularly described as follows:
Commencing at a two and one-half inch (2 %) diameter aluminum monument stamped by PLS #1227
marking the Northeast corner of Tract 2 Revised as depicted on Survey Document #2014-00016839,
from which the Northwest corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4)
of said Section 33 bears North, 3,641.65 feet and West, 1,493.76 feet; thence by bearing and distance
the following courses (basis of bearing, Grid North), North 89°13'36" West along the north line of said
Survey Document #0023-00000277 , also being the north line of Tract 2 Revised, a distance of 305.70
feet; thence South 00°46'24" West to a point on the East line of an existing utility easement a distance
of 158.50 being the Point of Beginning; thence South 12°21'06" East along the east line of an existing
utility easement a distance of 86.82 feet; thence South 77°38'54" West along the south line of an
existing utility easement a distance of 20.00 feet; thence North 12°21'06" West along the west line of an
existing utility easement a distance of 91.48 feet; thence South 89°13'36" East a distance of 20.54 feet
to the Point of Beginning.
Easement Exhibit B Vacation Description:
That part of an existing utility easement depicted on the Final Plat of Springwoods filed for record as
Survey Document #0023A-00000102, June 4, 2004, also being depicted on the record plat of The Pines
at Springwoods Utility Easement Plat & Right -of -Way Dedication plat as filed for record as Survey
Document #0023-00000277, March 6,2007, also being depicted on the record plat of The Pines at
Springwoods Lot Line Adjustment filed for record as Survey Document #2014-00016839, July 7,2014,
being part of the Southwest Quarter (SW1/4) of Section 33, Township 17 North, Range 30 West, of the
Fifth Principal Meridian, Washington County Arkansas, being more particularly described as follows:
Commencing at a two and one-half inch (2 %:) diameter aluminum monument stamped by PLS #1227
marking the Northeast corner of Tract 2 Revised as depicted on Survey Document #2014-00016839,
from which the Northwest corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4)
of said Section 33 bears North, 3,641.65 feet and West, 1,493.76 feet; thence by bearing and distance
the following courses (basis of bearing, Grid North), North 89°13'36" West along the north line of said
Survey Document #0023-00000277 , also being the north line of Tract 2 Revised, a distance of 314.88
feet; thence South 00°46'24" West distance a distance of 40.49 feet to the northeast corner of an
existing utility easement also being the Point of Beginning; thence South 02°28'51" East along the east
line of said existing utility easement a distance of 42.96 feet; thence North 10°14"24" West to the north
line of said existing utility easement a distance of 43.39 feet; thence North 87°51'09" East along the
north line of an existing utility easement a distance of 5.86 Feet to the Point of Beginning.
Easement Exhibit C Vacation Description:
That part of an existing 30 foot Access and Utility Easement first appearing on the record plat of The
Pines at Springwoods Lot Split filed for record as Survey Document #2014-00016838, July 7, 2014, also
being depicted on the record plat of The Pines at Springwoods Lot Line Adjustment filed for record as
Survey Document #2014-00016839, July 7, 2014, being a part of the SW % of Section 33, Township 17
North, Range 30 West, of the Fifth Principal Meridian, Washington County Arkansas, being more
particularly described as follows:
Commencing at a found five-eighths of an inch (5/8") rebar w/ PLS #1118 cap from which the Northwest
corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 33 bears North,
4,629.35 feet and West, 791.35 feet; thence by bearing and distance the following courses (basis of
bearing, Grid North), South 86°48'25" East along the north Right of Way line of Moore Lane, as it
presently exists, a distance of 38.50 feet to a found five-eighths of an inch (5/8") rebar w/ PLS #1118
cap marking the Southwest corner of Tract 2 Revised as depicted on Survey Document #2014-00016839;
thence South 86°48'25" East continuing along said north Right of Way line of Moore Lane a distance of
265.56 feet to the Southwest corner of an existing 30 foot access and utility easement; thence North
03°11'35" East along the west line of said access and utility easement a distance of 30.50 feet to the
Point of Beginning; thence North 03°11'35" East continuing along the West line of said existing access
and utility easement a distance of 286.21 feet; thence North 79°42'05" West along the west line of said
access and utility easement a distance of 127.66 feet; thence South 86°48'24" East leaving the west line
of said access and utility easement a distance of 90.74 feet; thence South 80°26'39" East a distance of
73.14 feet; thence North 87°35'59" West a distance of 6.75 feet to the east line of said access and utility
easement; thence South 03°11'35" West along the east line of said access and utility easement a
distance of 293.80 feet to the north Right of Way line of Moore Lane; thence North 86°48'25" West
along the north Right of Way line of Moore Lane a distance of 30.00 feet to the Point of Beginning.
wastlingtan County. Ali
1 certify this instrument w
92/37/2018 99; as filed on
and recorded in Real
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Kyle Sylvester - circuit clerk
by 1 f
City of Fayetteville, Arkansas 113 West Mountain Street
- Fayetteville, AR 72701
(479) 575-8323
Text File
-- File Number: 2018-0657
Agenda Date: 12/4/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 3
VAC 18-6416 (W. OF 2122 W. MOORE LN./PINES AT SPRINGWOODS):
AN ORDINANCE TO APPROVE VAC 18-6416 FOR PROPERTY LOCATED WEST OF 2122 WEST
MOORE LANE IN THE SPRINGWOODS COMMERCIAL PLANNED ZONING DISTRICT TO
VACATE PORTIONS OF UTILITY EASEMENTS
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 portions of utility easements are not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of utility
easements 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 condition that any relocation of or damage to existing utilities
or existing facilities shall be at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 121512018
City of Fayetteville Staff Review Form
2018-0657
Legistar File ID
12/4/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 11/16/2018 CITY PLANNING (630)
Submitted By Submitted Date Division/ Department
Action Recommendation:
VAC 18-6416: Vacation (West of 2122 W. Moore Ln./Pines at Springwoods, 286): Submitted by Morrison Shipley
Engineers, Inc. for property located West of 2122 W. Moore Ln. The property is zoned C-PZD, Commercial Planned
Zoning District and contains approximately 12.80 acres. The request is to vacate portions of utility easements.
Budget Impact:
Account Number
Project Number
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
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 4, 2018
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Garner Stoll, Development Services Director
FROM: Jonathan Curth, Senior Planner
Andrew Garner, City Planning Director
DATE: November 16, 2018
SUBJECT: VAC 18-6416: Vacation (WEST OF 2122 W. MOORE LN./PINES AT
SPRINGWOODS, 286): Submitted by MORRISON SHIPLEY
ENGINEERS, INC. for property located WEST OF 2122 W. MOORE LN.
The property is zoned C-PZD, COMMERCIAL PLANNED ZONING
DISTRICT and contains approximately 12.80 acres. The request is to
vacate portions of utility easements.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of VAC 18-6416 with the following
condition of approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
BACKGROUND:
The subject property is located on the north side of West Moore Lane, between Deane Solomon
Road and Shiloh Drive to the west and east respectively. Currently, infrastructure construction is
underway in association with the Timber Ridge Estates subdivision which was approved by the
Planning Commission on August 14, 2017. The overall property totals approximately 12.80 acres
and is part of the larger Springwoods Commercial Planned Zoning District.
Proposal: The applicant proposes to vacate a portion of utility easement as described in Exhibits
'A' and 'B'. They intend to place a shed in the vacated easement area.
DISCUSSION:
At the November 13, 2018 Planning Commission, this item was forwarded as part of the consent
agenda to City Council with a recommendation for approval, with all conditions as recommended
by staff.
BUDGET/STAFF IMPACT:
N/A
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission packet
VAC18-6416 I PINES AT SPRINGWOODS 18-6416
Close Up View
Q Rl�
PINEHILLS DR
C lIZI)
WOLF RUN DR
H -n
MOORE LN
11 N1 F-24
Legend
' Planning Area
Fayetteville City Limits
- - Trail (Proposed)
I_ Design Overlay District
Building Footprint
Feet
0 75 150 300 450 600
1 inch = 200 feet
EXHIBIT 'A'
roperty
F'C-2
A&.
NORTH
Reside nlial-A gricu ltu rnl
RMF -24
1-1 Fleavy Commcrcii I and Light Industrial
srtlt G-
i. Commercial, Industrial, Rr;idenlinl
18-6416
EXHIBIT 'B'
Easement Exhibit A Vacation Description:
That part of an existing utility easement depicted on the Final Plat of Springwoods filed for record as
Survey Document #0023A-00000102, June 4, 2004, also being depicted on the record plat of The Pines
at Springwoods Utility Easement Plat & Right -of -Way Dedication plat as filed for record as Survey
Document #0023-00000277, March 6,2007, also being depicted on the record plat of The Pines at
Springwoods Lot Line Adjustment filed for record as Survey Document #2014-00016839, July 7,2014,
being part of the Southwest Quarter (SWI/4) of Section 33, Township 17 North, Range 30 West, of the
Fifth Principal Meridian, Washington County Arkansas, being more particularly described as follows:
Commencing at a two and one-half inch (2 %_) diameter aluminum monument stamped by PLS #1227
marking the Northeast corner of Tract 2 Revised as depicted on Survey Document #2014-00016839,
from which the Northwest corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4)
of said Section 33 bears North, 3,641.65 feet and West, 1,493.76 feet; thence by bearing and distance
the following courses (basis of bearing, Grid North), North 89°13'36" West along the north line of said
Survey Document #0023-00000277 , also being the north line of Tract 2 Revised, a distance of 305.70
feet; thence South 00°46'24" West to a point on the East line of an existing utility easement a distance
of 158.50 being the Point of Beginning; thence South 12°21'06" East along the east line of an existing
utility easement a distance of 86.82 feet; thence South 77°38'54" West along the south line of an
existing utility easement a distance of 20.00 feet; thence North 12°21'06" West along the west line of an
existing utility easement a distance of 91.48 feet; thence South 89°13'36" East a distance of 20.54 feet
to the Point of Beginning.
Easement Exhibit B Vacation Description:
That part of an existing utility easement depicted on the Final Plat of Springwoods filed for record as
Survey Document #0023A-00000102, June 4, 2004, also being depicted on the record plat of The Pines
at Springwoods Utility Easement Plat & Right -of -Way Dedication plat as filed for record as Survey
Document #0023-00000277, March 6,2007, also being depicted on the record plat of The Pines at
Springwoods Lot Line Adjustment filed for record as Survey Document #2014-00016839, July 7,2014,
being part of the Southwest Quarter (SW1/4) of Section 33, Township 17 North, Range 30 West, of the
Fifth Principal Meridian, Washington County Arkansas, being more particularly described as follows:
Commencing at a two and one-half inch (2 %:) diameter aluminum monument stamped by PLS #1227
marking the Northeast corner of Tract 2 Revised as depicted on Survey Document #2014-00016839,
from which the Northwest corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4)
of said Section 33 bears North, 3,641.65 feet and West, 1,493.76 feet; thence by bearing and distance
the following courses (basis of bearing, Grid North), North 89°13'36" West along the north line of said
Survey Document #0023-00000277 , also being the north line of Tract 2 Revised, a distance of 314.88
feet; thence South 00°46'24" West distance a distance of 40.49 feet to the northeast corner of an
existing utility easement also being the Point of Beginning; thence South 02°28'51" East along the east
line of said existing utility easement a distance of 42.96 feet; thence North 10°14"24" West to the north
line of said existing utility easement a distance of 43.39 feet; thence North 87°51'09" East along the
north line of an existing utility easement a distance of 5.86 Feet to the Point of Beginning.
Easement Exhibit C Vacation Description:
That part of an existing 30 foot Access and Utility Easement first appearing on the record plat of The
Pines at Springwoods Lot Split filed for record as Survey Document #2014-00016838, July 7, 2014, also
being depicted on the record plat of The Pines at Springwoods Lot Line Adjustment filed for record as
Survey Document #2014-00016839, July 7, 2014, being a part of the SW % of Section 33, Township 17
North, Range 30 West, of the Fifth Principal Meridian, Washington County Arkansas, being more
particularly described as follows:
Commencing at a found five-eighths of an inch (5/8") rebar w/ PLS #1118 cap from which the Northwest
corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 33 bears North,
4,629.35 feet and West, 791.35 feet; thence by bearing and distance the following courses (basis of
bearing, Grid North), South 86°48'25" East along the north Right of Way line of Moore Lane, as it
presently exists, a distance of 38.50 feet to a found five-eighths of an inch (5/8") rebar w/ PLS #1118
cap marking the Southwest corner of Tract 2 Revised as depicted on Survey Document #2014-00016839;
thence South 86°48'25" East continuing along said north Right of Way line of Moore Lane a distance of
265.56 feet to the Southwest corner of an existing 30 foot access and utility easement; thence North
03°11'35" East along the west line of said access and utility easement a distance of 30.50 feet to the
Point of Beginning; thence North 03°11'35" East continuing along the West line of said existing access
and utility easement a distance of 286.21 feet; thence North 79°42'05" West along the west line of said
access and utility easement a distance of 127.66 feet; thence South 86°48'24" East leaving the west line
of said access and utility easement a distance of 90.74 feet; thence South 80°26'39" East a distance of
73.14 feet; thence North 87°35'59" West a distance of 6.75 feet to the east line of said access and utility
easement; thence South 03°11'35" West along the east line of said access and utility easement a
distance of 293.80 feet to the north Right of Way line of Moore Lane; thence North 86°48'25" West
along the north Right of Way line of Moore Lane a distance of 30.00 feet to the Point of Beginning.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: November 13, 2018 (Updated with Planning Commission Results)
SUBJECT: VAC 18-6416: Vacation (WEST OF 2122 W. MOORE LN./PINES AT
SPRINGWOODS, 286): Submitted by MORRISON SHIPLEY
ENGINEERS, INC. for property located WEST OF 2122 W. MOORE LN.
The property is zoned C-PZD, COMMERCIAL PLANNED ZONING
DISTRICT and contains approximately 12.80 acres. The request is to
vacate portions of utility easements.
RECOMMENDATION:
Staff recommends forwarding VAC 18-6416 to City Council with a recommendation of approval
and conditions based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward VAC 18-6416 to City Council with a recommendation for approval with the
conditions as recommended by staff."
BACKGROUND:
The subject property is located on the north side of West Moore Lane, between Deane Solomon
Road and Shiloh Drive to the west and east respectively. Currently, infrastructure construction is
underway in association with the Timber Ridge Estates subdivision which was approved by the
Planning Commission on August 14, 2017. The overall property totals approximately 11 acres
and is part of the larger Springwoods Commercial Planned Zoning District. Surrounding land uses
and zoning is depicted in Table 1.
Surroundin(
Direction
Land Use
North
Undeveloped Land Trust Prope
South
Agricultural Equipment Sales
East
Undeveloped;
Warehousing
West
2- and 4 -family Residential
Table 1
Land Use and Zoni
Zoning
Springwoods Commercial Planned Zoning District
C-2, Thoroughfare Commercial;
1-1, Heavy Commercial and Light Industrial
Springwoods Commercial Planned Zoning District;
C-2, Thoroughfare Commercial
Springwoods Commercial Planned Zoning District
Proposal: The applicant proposes to vacate a portion of two utility easements, totaling
approximately one-quarter acre. Vacation of the easements is necessary to proceed with
development of the previously -approved Timber Ridge Estates subdivision.
Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 1 of 19
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments, and franchise utility companies with the following responses:
Utility Response
Cox Communications No objections and no comment
AEP/SWEPCO
BlackHills Energy AR
AT&T
Ozarks Electric
City of Fayettewlle
Water/Sewer
Solid Waste & Recycling
Transportation
No objections and no comment.
No objections and no comment.
No objections provided that easement 23-
277, a 20 -foot wide general utility easement
that proceeds north from Moore Lane
approximately 325 feet, shall be retained.
No objections and no comment.
Response
No objections and no comment.
Not applicable.
Not applicable.
Public Comment:
No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 18-6416 to the City Council with a
recommendation for approval subject to the following conditions:
Conditions of Approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
PLANNING COMMISSION ACTION: Required YES
Date: November 13, 2018 O Tabled M Forwarded O Denied
Motion: Belden, on consent agenda, with conditions as recommended by staff
Second: Autry
Vote: 6-0-0
Planning Commission
G:\ETC\Development Services Review\2018\Development Review\18-6416 VAC November 13, 2018
West of 2122 W. Moore Ln (Pines at Springwoods) 286\03 Planning Commission\11-13-2018 Agenda Item 2
18-6416 Pines at Springwoods
Page 2 of 19
BUDGET/STAFF IMPACT:
None
Attachments:
• Petition to Vacate
• Vacation Exhibit
• Utility Approvals
• One Mile Map
• Close-up Map
Current Land Use Map
Planning Commission
GAETC\Development Services Review\2018\Development Review\18-6416 VAC November 13, 2018
West of 2122 W. Moore Ln. (Pines at Springwoods) 286\03 Planning Commission\11-13-2018 Agenda Item 2
18-6416 Pines at Springwoods
Page 3 of 19
VAC 18-6416
Petition to Vacate
PETITION TO VACATE AN UTILITY EASEMENT LOCATED IN PARCELS 765-26552-001 765-26552.002 and
765-26552-003, 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 parcels 765-26552-001, 765-26552-002, and 765-26552-
003, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is
described as follows:
Please see attached Exhibit for Legal Description and visual aid of Utility Easement to be Vacated,
That the abutting real estate affected by said abandonment of the alley are parcels 765-26552-001, 765-
26552-002, and 765-26552-003, City of Fayetteville used by the public 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, subjectto 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 25`h day of September, 2018
lei
Printed Name
Signgi:ure `-
Printed Name
Signature
Planning Commission
November 13, 2018
Agenda Item'2
18-6416 Pines at Springwoods
Page 4 of 19
VAC 18-6416
Vacation
Exhibit
Ex. 8" SS
S89"13'36"E
20.54'
Utility Easement
Doc# 0023-00000277
N22 *21 R6"W
91.48'
Easement Vacation Description.,
See attached Legal Description.
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MORRISON W10 SHIPLEY
ENGINEERS a SURVEYORS
2407 SE Cottonwood Street . B.M.—Ile. AR 72712 . 479.273.2209 . m rrieon"hipley.con
Parcel # 765-23606-000
Northwest Arkansas Land Trust EX. 2 1/2 " Alum.
Zoning- C:P7.D
Lot S Mon. PLS 1227
Springwoods POC
NE Corner
N89 -13'36"w Tract 2 (Revised)
I
500 46'24"W
` 158.50'
ll Proposed SS Manhole
POB
512"21'06"E
86.82' 4
Ex. SS Manhole
(To Be Removed) l
_ 577`3854 "W . I
20.00' _
I l _
Parcel # 765-26552-001
Fowler Foods, INC. _
Zoning: CPZD j
-THE PINES AT SPRINGWOODS
® Easement Being Vacated
n 100
SCALE 1"= IOU
EXH/BlT 'A"
Utility Easement Vacation
Fayetteville, Washington County,Arkansas
lTntn BYE
KEL
ONa
a
2
Page 5 of 19
Easement Vacation Description:
That part of an existing utility easement depicted on the Final Plat of Springwoods filed for record as
Survey Document #0023A-00000102, June 4, 2004, also being depicted on the record plat of The Pines
at Springwoods Utility Easement Plat & Right -of -Way Dedication plat as filed for record as Survey
Document #0023-00000277, March 6,2007, also being depicted on the record plat of The Pines at
Springwoods Lot Line Adjustment filed for record as Survey Document #2014-00016839, July 7,2014,
being part of the Southwest Quarter (SW1/4) of Section 33, Township 17 North, Range 30 West, of the
Fifth Principal Meridian, Washington County Arkansas, being more particularly described as follows;
Commencing at a two and one-half inch (2 %) diameter aluminum monument stamped by PLS #1227
marking the Northeast corner of Tract 2 Revised as depicted on Survey Document #2014-00016839,
from which the Northwest corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4)
of said Section 33 bears North, 3,641.65 feet and West, 1,493.76 feet; thence by bearing and distance
the following courses (basis of bearing, Grid North), North 89°13'36" West along the north line of said
Survey Document #0023-00000277 , also being the north line of Tract 2 Revised, a distance of 305.70
feet; thence South 00°46'24" West to a point on the East line of an existing utility easement a distance
of 158.50 being the Point of Beginning; thence South 12°21'06" East along the east line of an existing
utility easement a distance of 86.82 feet; thence South 77°38'54" West along the south line of an
existing utility easement a distance of 20.00 feet; thence North 12°21'06" West along the west line of an
existing utility easement a distance of 91.48 feet; thence South 89°13'36" East a distance of 20.54 feet
to the Point of Beginning.
Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 6 of 19
Ex. SS Manhole
8"SS" -
N87 51'09 "E
5.86'
1 ti
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N10'14'24 "W
43.139'
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Utility Easement
I Doc# 0023-00000277
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(Revised)
0 � •lo
SCALE: 1' = 40r
EXHIBIT "B"
MOR R I SON SHIPLEY Utility Easement Vacation
ENGINEERS . SURVEYORS
Fayetteville, Washington County,Arkansas
2.07 9E Cottonwood Street r Bentonville, AR 72712. 479 273.2209. mcrri.an.niploy curl
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Page 7 of 19
Easement Vacation Description:
That part of an existing utility easement depicted on the Final Plat of Springwoods filed for record as
Survey Document #0023A-00000102, June 4, 2004, also being depicted on the record plat of The Pines
at Springwoods Utility Easement Plat & Right -of -Way Dedication plat as filed for record as Survey
Document #0023-00000277, March 6,2007, also being depicted on the record plat of The Pines at
Springwoods Lot Line Adjustment filed for record as Survey Document #2014-00016839, July 7,2014,
being part of the Southwest Quarter (SW1/4) of Section 33, Township 17 North, Range 30 West, of the
Fifth Principal Meridian, Washington County Arkansas, being more particularly described as follows:
Commencing at a two and one-half inch (2 %2) diameter aluminum monument stamped by PLS #1227
marking the Northeast corner of Tract 2 Revised as depicted on Survey Document #2014-00016839,
from which the Northwest corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4)
of said Section 33 bears North, 3,641.65 feet and West, 1,493.76 feet; thence by bearing and distance
the following courses (basis of bearing, Grid North), North 89°13'36" West along the north line of said
Survey Document #0023-00000277, also being the north line of Tract 2 Revised, a distance of 314.88
feet; thence South 00°46'24" West distance a distance of 40.49 feet to the northeast corner of an
existing utility easement also being the Point of Beginning; thence South 02°28'51" East along the east
line of said existing utility easement a distance of 42.96 feet; thence North 10°14"24" West to the north
line of said existing utility easement a distance of 43.39 feet; thence North 87°51'09" East along the of
north line of an existing utility easement a distance of 5.86 Feet to the Point of Beginning.
Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 8 of 19
4
I Parcel # 765-26552-001
Fowler Foods, INC.
Zoning: CPZD
30' Utility Easement THE PINES AT SPRiNGWOOD5
µ Doc# 2014-00016838 + 20' Urility Easement
SRG +t,R'71 "E Doc# 2014-00016838
W
73.14'
��- Ex. SS Manhole
Ex 8" 55 I 4i+ 1.7766,
i j it N87"35'59"W I I
? , 6.75' J
i Ir, I
m M
30'Access & Utility 2 + r
r Easement
Existing%" Rebar Doc# 2014.000:!6838 1
W/ PS #1118
POC j i POB
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ARKANSAS 9e�
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EASEMENT VACATION rfe.
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Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 9 of 19
Easement Vacation Description:
That part of an existing 30 foot Access and Utility Easement first appearing on the record plat of The
Pines at Springwoods Lot Split filed for record as Survey Document #2014-00016838, July 7, 2014, also
being depicted on the record plat of The Pines at Springwoods Lot Line Adjustment filed for record as
Survey Document #2014-00016839, July 7, 2014, being a part of the SW % of Section 33, Township 17
North, Range 30 West, of the Fifth Principal Meridian, Washington County Arkansas, being more
particularly described as follows:
Commencing at a found five-eighths of an inch (5/8") rebar w/ PLS #1118 cap from which the Northwest
corner of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 33 bears North,
4,629.35 feet and West, 791.35 feet; thence by bearing and distance the following courses (basis of
bearing, Grid North), South 86"48'25" East along the north Right of Way line of Moore Lane, as it
presently exists, a distance of 38.50 feet to a found five-eighths of an inch (5/8") rebar w/ PLS #1118
cap marking the Southwest corner of Tract 2 Revised as depicted on Survey Document #2014-00016839;
thence South 86°48'25" East continuing along said north Right of Way line of Moore Lane a distance of
265.56 feet to the Southwest corner of an existing 30 foot access and utility easement; thence North
03"11'35" East along the west line of said access and utility easement a distance of 30.50 feet to the
Point of Beginning; thence North 03°11'35" East continuing along the West line of said existing access
and utility easement a distance of 286.21 feet; thence North 79"42'05" West along the west line of said
access and utility easement a distance of 127.66 feet; thence South 86'48'24" East leaving the west line
of said access and utility easement a distance of 90.74 feet; thence South 80"26'39" East a distance of
73.14 feet; thence North 87"35'59" West a distance of 6.75 feet to the east line of said access and utility
easement; thence South 03°11'35" West along the east line of said access and utility easement a
distance of 293.80 feet to the north Right of Way line of Moore Lane; thence North 86"48'25" West
along the north Right of Way line of Moore Lane a distance of 30.00 feet to the Point of Beginning.
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Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 10 of 19
VAC 18-6416
Utility Approval
Forms
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE. July 27, 2018
UTILITY COMPANY: Cox Communications
APPLICANT NAME Patrick Foy (Morrison -Shipley) APPLICANT PHONE: 479-273-2209
REQUESTED VACATION (applicant must check all that apply):
V Utility Easement
:1 Right ofway for alley or streets and all utility easements located within the vacated right- of- way.
I-] Alley
11 Streetright-of-way
1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General Ideation /Address City of Fayetteville, AR; land parcels 765-26552-001, 765-26552-0022. and
765-26552-003: North of W. Moore Lane, East of The Pines at'Springwoods -
S (,47TA07legal description and graphic representation of what is being vacated-SURVE)g
\UTILITY COMPANY COMMENTS:
�J No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described casements are retained.
(Slate the location, dimensions, and purpose below.)
No objections provided the following conditions are mct:
Signature of, Utility Company Rcpresciitaiive
&W,i13i.
Title .-
:Supra Cher 2017
prgge S
Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 11 of 19
UTILITY APPROVAL FORM
FOR RIG11'r- OF- WAY, ALLEN', AND
UTILITY EASEMENT VACATIONS
DAM-, July 27, 2418
UI1LI'I Y COMPANY: AEPISVVEPCO
APPLICANTNAME: Patrick Foy (Morrison -Shipley)
APPLICANT 479-273-2209
REQUESTED VACATION (applicant nn+sr check all that appip:
V 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 (aNey, easement, right-ol-ivory), described as follows:
General location I Address Ci of Fa .eEteville, AR: land parcels 765-26552-001, 765-26552-002, and
765-26552-003; North of W. Moore Lane, East of The Pines at Springwoods
V (477ACff legal description andgraphic representation of what is being vacated-SURVE119
UTUTY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no con;menls.
No objections to the vacation(s) described above, provided fbilowing described easements are retained.
(State the location, dimensions, and purpose below.)
No olijections provided the: Iollowing condilicns are met;
Signature ci tilily C'umpany Representative
I -isle
Kquen,ha•r• _ rii r
Mtt:L'
Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 12 of 19
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: July 27, 2018
UTILITY COMPANY: Black Hills Corp.
APPLICANT NAME: Patrick Foy {Morrison -Shipley) APPLICANT PHONE: 479-273-2209
REQUESTED VACATION (applicant must check all that apply):
V Utility Easement
Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition tovacatethe following (alley, easement, right-of-way), described as follows:
General location / Address City of Fayetteville, AR; land parcels 765-26552-001, 765-26552-002, and
765-26552-003; North of W. Moore Lane, East of The Pines at Springwoods
LV (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
V" No objections to the vacation(s) described above, and no comments. 4KL i A i t3
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:
Sigi>atur
VP
Title
y Representative
September 20/7
Page S
Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 13 of 19
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: J u ly 27, 2018
UTILITY COMPANY: AT&T
APPLICANT NAME: Patrick Foy (Morrison -Shipley) APPLICANT PHONE: 479-273-2209
REQUESTED VACATION (applicant must check all that apply):
V 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 City of Fayetteville, AR; land parcels 765-26552-001, 765-26552-002, and
765-26552-003; North of W. Moore Lane, East of The Pines at Springwoods
C/ (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.
Ex No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
easement 23-277 a 20' wide General utility easement that proceeds North from Moore Ln. approximately 325'
This easement is under 2014-16839 for approximately 200 FT and has AT&T fiber optic cables placed in it.
❑ No objections provided the following conditions are met:
Signature of Utility Company Representative
MGR OSP PLNG & ENGRG Design
Title
September 2017
Page planning Commission
November 13, 2016
Agenda Item 2
16-6416 Pines at Springwoods
Page 14 of 19
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: July 27, 2018
UTILITY COMPANY: Ozarks Electric
APPLICANT NAME: Patrick Foy (Morrison -Shipley) APPLICANT PHONE: 479-273-2209
REQUESTED VACATION (applicant must check all that apply):
LV 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 City of Fayetteville, AR; land parcels 765-26552-001, 765-26552-002, and
765-26552-003; North of W. Moore Lane, East of The Pines at Springwoods
V (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:
OLa'
Signature of Utility Company Representative
SYSTEMS STAKING TECH
Title
September 2017
Page .inning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 15 of 19
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: July 27, 2018
UTILITY COMPANY: City of Fayetteville -Water and Sewer Department
APPLICANT NAME: Patrick Foy (Morrison -Shipley) APPLICANT PHONE: 479-273-2209
REQUESTED VACATION (applicant must check all that apply):
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 Ci!y of Fayetteville, AR; land parcels 765-26552-001, 765-26552-002. and
765-26552-003; North of W. Moore Lane, East of The Pines al. Sprin woods
lV (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 if Utility L'. nVili% Representative
W r of &Cf_1 o,'J 5 M/4144 6 E
Title
Sepleniber 1017
Page 5
Planning Commission
November 13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 16 of 19
VAC 18-6416 PINES AT SPRINGWOODS
One Mile View NORTH
0 0.125 0.25 0.5 Miles
40
NC
W
v4.
'NS -L
�NS -L 7 it
..... . . . . . ...... . . . . . . . . . . . . . . . . . . . . ...
Milli.
z
W
C- I
MOUNT COMFORT kb`,,`,-,
P-1
CIO
R-0
111-u
,I.
Legend ------
Planning Area
El
L 1 Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
L- Design Overlay District ------
Planning Area
Building Footprint tj I City Limits Fayetteville City Limits
. . . . . . . . . . . . .
Z
KNAPPST
R -A
Uj
LU
0
U
L)
z
—mg
EXTRACTION
RESIDENTIAL SINGLE-FAMILY
ME1
COMMERCIAL
MIA BASED DISTRICTS
RESIDENTIAL MULTI -FAMILY
'^I.4un sluts urns
PLANNED ZONING DISTRICTS
"I I I . I ....... .....
INDUSTRIAL
INSTITUTIONAL
. ......
Planning Co
missron
-punnite,113,
2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 17 of 19
Agenda Item 2
18-6416 Pines at Springwoods
Page 18 of 19
VAC18-6416 I PINES AT SPRINGWOODS
Current Land Use
till', r � r• - Y,• � _ •J � ���*!'.
I' f' .. _ ,? .�;:;•�',- Undeveloped
�4p•, _ XLH,. � �° c.�, _ � r�• i - .
i • F� x. r i . r �i . iP�J711>
{
Multi -family
Residential
J r Ply `'' Undeveloped rl. fa: k
1AEHILLS'Dz.
IV
" lWOf,F RLIN
DR �•_ f f Subject Property j.j.
4cl 0,R ILL
IR
�. .r�• : � � � � --- --,.fix. ' `-- - - -- . ---.
Residential/Agricultural .
LORI TM . �' �I Commercial A
Al
F1
1 ,�.
—Il ZLU
J� ` Y� •�..
rIF
Streets Planned
MSP Class
COLLECTOR
Streets Existing
MSP Class
w— COLLECTOR
FREEL:'AYIE%PRE FSWW
MAJOR ARTERIAL
111 I Trod IP,opo;e dl
1 Ph n,, Arca
1 � � F�yclt evillc Cily Limns
L01,Ini
.r
Commercial
-,~
!C. ti� }*i � "r � .. �y,r- r:rrs, *ir..rr •' J'
Feet
0 112.5 225 450 675 900
1 inch = 300 feet
FEMIA Flood Hazard Data
100 -Year Floodplain
Floodv,ay
Planning cd rn*ian
13, 2018
Agenda Item 2
18-6416 Pines at Springwoods
Page 19 of 19
RECEIVED
DEC 21 20%
CI1 Y OF ;A` EITEVII I -E
C!,rY C1.�E RK5OFFIt
NORTHWEST ARKANSAS
1jemoardi-t" 10 ofineffe
vi, _'707 B
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 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. 6120
Was inserted in the Regular Edition on:
December 13, 2018
Publication Charges: $ 91.00
Cathy Wiles
Subscribed and sworn to before me
This liv.day of per_ , 2018.
Notary Public
My Commission Expires: 3.16. -LS
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6120
File Number: 2018-0657
VAC 18-6416 (W. OF 2122 W MOORE
LN -/PINES AT SPRINGWOODS):
AN ORDINANCE TO APPROVE VAC 18-
6416 FOR PROPERTY LOCATED WEST OF
2122 WEST MOORE LANE IN THE
SPRINGWOODS COMMERCIAL PLANNED
"ZONING DISTRICT TO VACATE PORTIONS
OF UTILITY EASEMENTS
WHEREAS, the City Council has the authority
under A.C.A. $ 14-54-104 to vacate public
grounds or portions thereof which are 1101
required 1'or corporate purposes; and
WHEREAS, the City Council has determined
That the following described portions of utility
casements arc not required for corporate
purposes.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section I: That the City Council of the City of
Favalmille, Arkansas hereby variates the
portions of utility casements 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 condition that any relocation of or damage to
existing utilities or existing facilities shall be at
the owner/developer's expense.
PASSED and APPROVED on 12/4/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E Smith, City Clerk Treasurer
74776696 Dec. 13, 2018