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HomeMy WebLinkAboutOrdinance 6280t OF FAYETre �ro�tJ�.il m V 4RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6280 File Number: 2020-0037 VAC 19-6948 (SW OF MT. COMFORT & RUPPLE RD./HAZEN): II III II I I IIII I I III II I III II II I I II II II I I II Doc ID: 019067740004 Type: REL Kind: ORDINANCE Recorded: 02/21/2020 at 02:33:02 PM Fee Amt: $30.00 Paqe i of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File202O-00005615 AN ORDINANCE TO APPROVE VAC 19-6948 FOR PROPERTY LOCATED SOUTHWEST OF MOUNT COMFORT ROAD AND RUPPLE ROAD TO VACATE A PORTION OF A DRAINAGE 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 is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a drainage easement as described in Exhibit B attached to the Planning Department's agenda 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 216120 File Number: 2020-0037 Ordinance 6280 PASSED and APPROVED on 2/4/2020 Attest: Kara Paxton, City Clerk T r�v�'�y • C i T y ' •'�F9% o y ON O; ; ```; Page 2 Printed on 216120 VAC19-6948 HAZEN EXHIBIT 'A' Close Up View 1 1 19-6948 RSF-1 Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) ? Building Footprint Subject Property CS ♦ s� ♦ ♦ ' R -A �i NORTH Feet 0 75 150 300 450 1 inch = 200 feet .01 0 Residential -Agricultural RSF-1 [] Community Services EXHIBITS' 19-6948 A twenty (20) foot wide permanent drainage easement, being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 1, Township 16 North, Range 31 West; thence West 120.77 feet; thence South 168 feet; thence North 89°28'00" West 62.24 feet, to the Point of Beginning; thence North 88°57'13"West 24.73 feet; thence South 37905'10" West 493.59 feet; thence South 52"54'50"East 20.00 feet; thence North 37`05'10"East 508.14 feet to the Point of Beginning, containing 10,017 square feet (0.23 acres), more or less. Washington County, AR nstru3 2 PM s filed on I certify this i 0212112020 02:3 and recorded in Real Estate 020-00005615 File Numb _ Circuit Clerk Kyle SYN by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0037 Agenda Date: 2/4/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 VAC 19-6948 (SW OF MT. COMFORT & RUPPLE RD./HAZEN): AN ORDINANCE TO APPROVE VAC 19-6948 FOR PROPERTY LOCATED SOUTHWEST OF MOUNT COMFORT ROAD AND RUPPLE ROAD TO VACATE A PORTION OF A DRAINAGE 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 is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a drainage easement as described in Exhibit B attached to the Planning Department's agenda 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 215/2020 City of Fayetteville Staff Review Form 2020-0037 Legistar File ID 2/4/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 1/17/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6948: Vacation (SW OF MT. COMFORT & RUPPLE RD./HAZEN, 361): Submitted by CITY STAFF for property located SW OF MT. COMFORT RD. & RUPPLE RD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 7.68 acres. The request is to vacate a portion of a drainage easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Abdul Ghous, Planner DATE: January 17, 2020 CITY COUNCIL MEMO SUBJECT: VAC 19-6948: Vacation (SW OF MT. COMFORT & RUPPLE RD./HAZEN, 361): Submitted by CITY STAFF for property located SW OF MT. COMFORT RD. & RUPPLE RD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 7.68 acres. The request is to vacate a portion of a drainage easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6948 as shown in the attached Exhibits 'A' and 'B' and with the following conditions 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 south of Mount Comfort and west of north Rupple Road. The request is to vacate a 20 -foot drainage easement that runs through the middle of the property. The Rupple Road project has redirected the stormwater from Mt. Comfort Road into the new storm sewer system which discharges into Hamestring Creek. The old concrete pipe has been abandoned. Therefore, the drainage easement is no longer needed by the City for maintenance. The property is zoned CS, Community Services. DISCUSSION: At the January 13, 2020 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with the condition 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 Staff Report VAC19-6948 HAZEN EXHIBIT 'A' Close Up View 1 1 19-6948 Legend Planning Area Fayetteville City Limits Shared Use Paved Trail - Trail (Proposed) Building Footprint RSF-1 Subject Property Cs I �i s • f � • R -A t i I- ORTH Feet 0 75 150 300 450 1 inch = 200 feet .IN 0 Residential -Agricultural RSF-1 Q Community Services EXHIBIT 'B' 19-6948 A twenty (20) foot wide permanent drainage easement, being more particularly described as follows: Commencing at the 'Northeast corner of the Southeast Quarter of Section 1, Township 16 North, Range 31 West; thence West 120.77 feet; thence South 168 feet; thence North 89028'00" West 52.24 feet, to the Point of Beginning; thence North 88°57'13"West 24.73 feet; thence South 37°05'10" West 493.59 feet; thence South 52054'50"East 20.00 feet; thence North 37°05'10"East 508.14 feet to the Point of Beeinning, containing 10,017 square feet (0.23 acres), more or less. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Abdul R. Ghous, Planner MEETING DATE: January 13, 2020 Updated 1.14.2020 PC Forwarded SUBJECT: VAC 19-6948: Vacation (SW OF MT. COMFORT & RUPPLE RD./HAZEN, 361): Submitted by CITY STAFF for property located SW OF MT. COMFORT RD. & RUPPLE RD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 7.68 acres. The request is to vacate a portion of a drainage easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6948 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 19-6948 to City Council with a recommendation for approval with the condition as recommended by staff." BACKGROUND: The subject property is located south of Mount Comfort and west of north Rupple Road. The request is to vacate a 20 -foot drainage easement that runs through the middle of the property. The Rupple Road project has redirected the stormwater from Mt. Comfort Road into the new storm sewer system which discharges into the Hamstring Creek. The old concrete pipe has been abandoned. Therefore, the drainage easement is no longer needed by the City for maintenance. The property is zoned CS, Community Services. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoninq Direction Land Use Zoning North Residential/Church RSF-1, Residential Single -Family, 1 Unit Per Acre South Undeveloped R -A, Residential Agricultural East Undeveloped RSF-1, Residential Single -Family, 1 Unit Per Acre/CS, Community Services West Undeveloped RSF-1, Residential Single -Family, 1 Unit Per Acre Proposal: The applicant proposes to vacate a 20 -foot drainage easement that runs through the middle of the property (see attached exhibit). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City engineering/transportation departments with the following responses: City of Fayetteville Response Engineering No objections and no comment. Transportation No objections and no comment. Public Comment: No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6948 to the City Council with a recommendation for approval subject to the following condition: 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 IJ Date: January 13, 2020 O Tabled Forwarded O Denied PC Forwarded VAC 19-6948 to City Council with a ,Motion: Winston recommendation of approval, subject to all conditions Second: Johnson by staff. Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map 4 On Consent Agenda. GAETC\Development Services Review\2019\Development Services\19-6948 VAC SW of Mt. Comfort & Rupple Rd. (Hazen) 361\03 PC\01-13-2020\Comments quo CITY OF FAYETTEVILLE ARKANSAS August 26, 2019 TO: City of Fayetteville Planning Commission and City Council RE: Drainage Easement Vacation - Rupple Road The Rupple Road Relocation (Starry Night View to Mt. Comfort Rd.) construction project is one of the City's Transportation bond projects. This project has relocated a portion of the existing roadway to a new alignment which connects with the existing signalized intersection on Mt. Comfort Road. The existing roadway storm sewer system for Mt. Comfort Road had a 24" concrete pipe discharging into Hamestring Creek via an easement through the Hazen property. The Rupple Road project redirected the stormwater from Mt. Comfort Road into the new storm sewer system which also discharges into Hamestring Creek. The old concrete pipe has been abandoned in place and plugged. Therefore, the drainage easement is no longer needed by the City for maintenance. James and Judith Hazen have requested that the City vacate the drainage easement. The Engineering Division does not have any objection to this transfer of land rights. This action will only affect one (1) property owner, the Hazens. An Exhibit showing the drainage easement to be vacated has been included in the submittal package. Sincerely, Paul Libertini, P.E., Staff Engineer Mailing Address: ENGINEERING 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Petition to Vacate a Drainage Easement Located in Section 1, Township 16 North, Range 31 West, City of Fayetteville, Arkansas `fO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the Drainage Easement hereinafter sought to be abandoned and vacated, lying in Section 1, Township 16 North, Range 31 West, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: 20 -foot Drainage easement description previously recorded on Drainage Easement 99069723 and filed for record August 2,1999: A twenty (20) foot wide permanent drainage easement, being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 1, Township 16 North, Range 31 West; thence West 120.77 feet; thence South 168 feet; thence North 89°28'00" West 62.24 feet, to the 'Point of Beginning; thence North 88"57'13"West 24.73 feet; thence South 37'05'10" West 493.59 feet; thence South 52°54'50"East 20.00 feet; thence North 37"05'10"East 508.14 feet to the Point of Beginning, containing 10,017 square feet (0.23 acres), more or less. That the abutting real estate affected by said abandonment of the easement has been improved with the construction and re -alignment of Rupple Road and that public interest and welfare would not be adversely affected by the abandonment of the above-described drainage easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to existing easements as required,'and that the above described real estate be used for their respective henefit and purpose as now approved by law. petitloners further pray that the above described real estate be vested in the abutting property owners ps provided. by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, kkansas, abandon and vacate the above described real estate, subject to existing easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law. Dated this day of AU _ V VS -r , 2019, Printed Name n ture VAC 19-6948 HAZE N A& One Mile View NORTH r.; 0 0.125 0.25 0.5 Miles r., r `LO..011,00nt<u+A."MCL REND - - — RSF-1 I MORNING MIST DR 2 — – :J o lop J � �0 - i0 1I RSF-4 MOUNT CO MFOR Subject Property R-0 CS R -A � 7- - NEW BRIDG RD BRIDGE - - I \ 4 + RSF-8 d ) ^ f RI -12 RPZD J RMF -24 }mirip O �} ()R�eN Mewnw ,- - RESIDENTIALSINGLE-FAMILY EXTRACTION ------ pRW COMMERCIAL SRL,} R..nnrdtr ' oRx nc, Legend ��� C3 c.2 RSFS OL3 FORM BASED DISTRICTS RSF-} Planning Area l =~Th" 4M o M.R Rm+cM+M Fayetteville City Limits RESIDENTIAL MULTI -FAMILY G y R Ci RMF -0 CN.VwM+noa CF�s...non Shared Use Paved Trail C7RMF",} PLANNED ZONING DISTRICTS ..... ORMF"1! r3c— Lt MEUMM,RwtlwUA Planning Area - ORMF O NSTRVf10NAL C P., Trail (Proposed) ---- INDUSTRIAL Fayetteville City Limits __ 4J I. MMn}Dam�rtY.Mw.MGwKM VAC 19-6948 HAZEN Close Up View Legend Planning Area ! Fayetteville City Limits Shared Use Paved Trail - Trail (Proposed) Building Footprint RSF-1 Subject Property Cs � 44 Feet 0 75 150 300 450 1 inch = 200 feet R -A NORTH M Residential -Agricultural RSF-1 Q Community Services VAC19-6948 HAZEN A& Current Land Use NORTH i 3 o I Church s Tla -� TV MU IS Undeveloped/� Agricultural 1, Streets Existing MSP Class © MINOR ARTERIAL © PRIN ARTERIAL PKWY Shared Use Paved Trail X1111 Trail (Proposed) L Planning Area L — _� Fayetteville City Limits Undeveloped/ / Agricultural + \.. xy �1 a =SubjectProperty ' �. �O Q"s tea' /� � • f/� !Y f � r , )0 Feet 0 55 110 220 330 440 1 inch = 150 feet FEMA Flood Hazard Data F- 100 -Year Floodplain Fl. Floodway February 13, 2020 Publication Charges: $ 89.70 Cathy S t Subscribed and sworn to before me This'd 1 day of" , 2020 __&77 - Notary Public My Commission xpires::; `- CI' f 4 �A+iP FS fa Pd3riS1 L i;t8`deiisRklr **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6280 RECEIVE ile Number: 2020-0037 VAC 19-6948 (SW OF MT. COMFORT & RUPPLE RD./HAZEN): FEB 2 6 2020 AN ORDINANCE TO APPROVE VAC 19- 6948 FOR PROPERTY LOCATED I Cathy Staggs, do solemnly swear that I am the Accounting Manager for the SOUTHWEST OF MOUNT COMFORT ROAD . i = VIL NORTHWESTARKANsAs FIND RUPPLE ROAD TO VACATE A � CGTY a clZ S Or FIC PORTION OF A DRAINAGE EASEMENT (�A �/� A � Vemocmt WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public \`'.fl//A/Y�' 'YV grounds or portions thereof which are not to the files of said publication, the advertisement of- required for corporate purposes; and WHEREAS, the City Council has determined �v.. .iP,0, B 0 X x:07 AYE T 'I W! F, of . J1�j` t that the following described portion of a CITY OF FAYETTEVILLE drainage easement is not required for corporate February 13, 2020 Publication Charges: $ 89.70 Cathy S t Subscribed and sworn to before me This'd 1 day of" , 2020 __&77 - Notary Public My Commission xpires::; `- CI' f 4 �A+iP FS fa Pd3riS1 L i;t8`deiisRklr **NOTE** Please do not pay from Affidavit. Invoice will be sent. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AFFIDAVIT OF PUBLICATION FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a drainage easement as described in Exhibit B I Cathy Staggs, do solemnly swear that I am the Accounting Manager for the attached to the Planning Department's agenda Northwest Arkansas Democrat -Gazette, printed and published in memo. Section 2: A copy of this Ordinance duly Washington County and Benton County, Arkansas, and of bona fide certified by the City Clerk along with the map attached as Exhibit A to the Planning circulation, that from my own knowledge and reference Department's memo shall be filed in the office of personal the Washington County Circuit Clerk. to the files of said publication, the advertisement of- 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 CITY OF FAYETTEVILLE the owner/developer's expense. PASSED and APPROVED on 2/4/2020 Ord. 6280 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75230092 Feb 13, 2020 Was inserted in the Regular Edition on: February 13, 2020 Publication Charges: $ 89.70 Cathy S t Subscribed and sworn to before me This'd 1 day of" , 2020 __&77 - Notary Public My Commission xpires::; `- CI' f 4 �A+iP FS fa Pd3riS1 L i;t8`deiisRklr **NOTE** Please do not pay from Affidavit. Invoice will be sent.