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Home My WebLink AboutORDINANCE 6120113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6120 File Number: 2018-0657 1111111111111111111111111111111111111111111111111111�1�1111111111 111111111111111 Aoc EA: Q1837D3QQQ05 Type. R 46 pi'i carded ;1213112p1a at 11:26: Fee Amt: $55.QQ v. AR 1 °f NashinRton Gountj ui Kyle SVlvesteQr�irc�i;.�Q�rk27/'� F11e201 V (11/(0038 �0 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 • n ,.. ■ VAYETTEVILLE :� ��fl�'N � i f� 11111' •y` 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 AM Fife Real estate K Nurnber 2018,00038270 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. ",01 I, I I I I I 1111 i j,,, 4�1\ti�tle so 0 ooaso�'�`�rri A:S,4, °o ► fJa NO x31 S oC �°o lrtyy�f E0 CROo 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 1 1 N10'14'24 "W 43.139' 1 l N89 °13'36"W 314.88' -- - --�._ -----g"SSS � - -- —� —:Ltd ' --,500-46'24"W I — 40.49' POB S02 °28'51 "E l� 42.96' 1 Utility Easement I Doc# 0023-00000277 ,1 f' Ex. 8" SS � I I �- Proposed SS Mach of'o. 4, STATE OF °o° ARKANSAS 0%n IR34 $� 01.C) 09 09 � � •f�rf�i°°oI GAt QDua�� 4ao ttit�,``1 ,r��►►1111111► t� ��, Easement Being Vacated POC Ex. 21/2" Alum. Mon PLS 1227 NE Corner, Tract 2 (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 D'.— ay Ke — 18 3kstlli 2 S 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 � - --j ]NO, i -11,3 1 5 "E S86 °48'25 "E 38.50' p n o p'y Mme` a' STATE OF ARKANSAS 9e� Z Wo No. 1834 uG r wpb GNATU10 0 5a a oda ON() Copp t�1� (� r,+l+1111 t 11111 1011`, ® Easement Being Vacated .f�<<��IaI H rfrr gILL ; rtSfG85f]p•S►'.iPIEY15 Lfl ENt}INEEaS INC 7 2: ca No. 28 i r+ff�lffllEf�f1 0 � 1CG SCALE 1'= 100' L pry n1. g KEL MORRISON SHIPLEY EXHIBIT °C" �- EASEMENT VACATION rfe. fi ENGINEERS . SURVEYORS ft*w&k�' RLP -00 x407 BH conu„„om mre�t . 6.mm�vr, AR 7]71] • 4-M. 73.. • 1.1d.y— Fayetteville, Washington County,Arkansast' vt�ACA - 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. 1�111�111li1I,,, 6e1 aa cee0.tr+��r� SrATri OF �v° ARl[A,\S�1S §%P 34 ... AIJr. •.. r r K� , kW1�µi5 SAS Ikr J�• k'irQ �$ti 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