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HomeMy WebLinkAboutOrdinance 6286ARCHIVED IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII oz.. Doc ID: 019079820005 Type: REL Kind: ORDINANCE Recorded: 02/28/2020 at 01:57:23 PM Fee Amt: $35.00 Paqe 1 of 5 113 West Mountain Street Washinqton County, AR Fayetteville, AR 72701 Kyle Sylvester Circuit Clerk (479) 575-8323 File2020_00006445 Ordinance: 6286 File Number: 2020-0094 VAC 19-6973 (3277 N. COLLEGE AVE./BF HOLDINGS): AN ORDINANCE TO APPROVE VAC 19-6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER 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 portions of easement are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That, the City Council of the City of Fayetteville, Arkansas hereby vacates the of a water and sewer easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. Page 1 Printed on 2119120 File Number 2020-0094 Ordinance 6286 2. A 15-foot by 20-foot utility easement shall be dedicated at the southwest corner of the subject property as shown on Exhibit C to the Planning Department's memo. PASSED and APPROVED on 2/18/2020 Attest: i``0�111t11FFF//I��� Oy GCE R K �.°•CITy••�F�''. 0. •9� Kara Paxton, City Clerk Treare� Fq y '`\ :c IrgNSPAS •• N F 1°t�\ Page 2 Printed on 2119120 VAC19-6973 BF COMMERCIAL HOLDINGS ' 19-6973 Close up view EXHIBIT 'A' R-A i NORTH Legend ' 'Planning Area C� Residential -Agricultural ' RSF-4 a Fayetteville City Limits E7 RI-12 • Trail (Proposed) Feet �' Residential -Office Design Overlay District 0 75 150 300 450 600 0 C-2 Building Footprint 1 inch = 200 feet 19-6973 EXHIBIT 'B' SURVEY DESCRIPTION - EASEMENT TO BE VACATED AS RECORDED IN DEED BOOK 843, PAGE 431 A PART OF THE SOUTHWEST OUARTER (SW1/4) OF THE SOUTHEAST OUARTER (SE1/4) OF 'SECTION TWENTY-SIX (26), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S02'29'36"W 655.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT TO A POINT; THENCE N86'29'34"W 315.00 FEET TO AN EXISTING COTTON SPINDLE FOR THE TRUE POINT OF BEGINNING; THENCE SW29'34'E 20.00 FEET TO A POINT; THENCE S02'29'36'441 213.28 FEET TO A 'POINT; THENCE N8T00'40"W 20.00 FEET TO A POINT; THENCE NO2'29'36"E 213.46 FEET TO THE POINT OF BEGINNING. 19-6973 EXHIBIT 'C' "--------- n® ,..�,.wr wmq ----,lgg i �Ts'£er — e. coxerrer erxeer a..a..�, 18n f I C I, .,.—, segaoawt• w��� amnwstawrwms...r�'• ..a ��•_ � wrm �« � xwleaoaa..n..awvmuaewa 9°aLOO> a< n< otnw:a awnw rsn/.> a swmw t.taw-. an. «v» n a m ai iK �•••won'xi-o a"u`c rc''�'"`wcc.1pA � ro m � swa � .a av a�v..'rz`m ro mir �s�`iow �¢ aim at na'rz'r¢rroA .. mC0110Xmm .ve w�om�wi m_xmoo w ffl w m rm xm OnR r.mous .��oM wo nw-«vw awnv ( V•1 v arrow (a[V•) w accmw own-v W), m .aK'n xpnw..,w � �+nr (an nrm rw. mn �. aram. nu'wiw(sw�/.1 w awnw ryFt/.) w Ycnax roper-4t ka4 am.aar WA.—� nwnv (m av ar��F .aimr..oa.nw �N �..e MNrc. mC01g1w m +roc �v mat . mi n<fA10MiwF witar e' io..°IIcaiwa'»; vra•.ot xia .m ro . ro.n; noat satras+. ,.s nn ro ..am >wnx ?-e--_ 'ACINr1Y MAP Iowa wwova »'tows uc w e i u�Mro vyros v�"o us�oo�ns�M"wn�m r"0wr�r"K �am.+�v'a°1wos�. s°fw�c"°w. "Omc�s .m . sw asnws ro nc won ro so�wt w nd nm wiw. vo waoons o s oac aw Is .m. O o a�ti� tK .ea.ma u[ acNvor+s �A„ „Red �� o.rz _ vaarwx om Washington County, AR I certify this instrument was filed on 02/28/2020 01:57:23 PM and recorded in Real Estate File Number 2020-00006445 Kyle Sylvester - Circ"ierk by 1�CJ ., City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0094 Agenda Date: 2/18/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 VAC 19-6973 (3277 N. COLLEGE AVE./BF HOLDINGS): AN ORDINANCE TO APPROVE VAC 19-6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER 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 portions of easement are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the of a water and sewer easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 15-foot by 20-foot utility easement shall be dedicated at the southwest corner of the subject property as shown on Exhibit C to the Planning Department's memo. City of Fayetteville, Arkansas Page 1 Printed on 211912020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0094 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 19-6973: Vacation (3277 N. COLLEGE AVE./BF HOLDINGS, 213): Submitted by REID & ASSOCIATES, INC. for property located at 3277 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.95 acres. The request is to vacate a portion of a water & sewer easement. Account Number Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? Budget Impact: Current Budget Funds Obligated Current Balance No Item Cost NA 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 FAYETTEVIL.LE ARKANSAS MEETING OF FEBRUARY 18, 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 31, 2020 CITY COUNCIL MEMO SUBJECT: VAC 19-6973: Vacation (3277 N. COLLEGE AVE./BF HOLDINGS, 213): Submitted by REID & ASSOCIATES, INC. for property located at 3277 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.95 acres. The request is to vacate a portion of a water & sewer easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6973 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 15-foot by 20-foot utility easement shall be dedicated at the southwest corner of the subject property (see exhibit 'C'). BACKGROUND: The subject property is located at the southwest corner of N. College Avenue and E. Longview Street. The property is zoned C-2, Thoroughfare Commercial. DISCUSSION: At the January 27, 2020 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with the conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • Planning Commission Staff Report VAC19-6973 BF COMMERCIAL HOLDINGS 19-6973 Close up view EXHIBIT W C-2 i KENRAY ST i Subject Property Uj zf a J i a RSF-4 RI-12 R-O R-A III NCI Legend ' Planning Area Fayetteville City Limits Feet • - - Trail (Proposed) Design Overlay District 0 75 150 300 450 Building Footprint 1 inch = 200 feet [� Residential -Agricultural RSF-4 [] RI-12 ■ Residential -Office 600 C-2 19-6973 EXHIBIT 'B' SURVEY DESCRIPTION - EASEMENT TO BE VACATED AS RECORDED IN DEED BOOK 843. PAGE 431 A PART OF THE SOUTHWEST QUARTER (SWi/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-SIX (26), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, A.RKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S0729'36"W 655.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT TO A POINT; THENCE N86'29'34"w 3115.00 FEET TO AN EXISTING COTTON SPINDLE FOR THE TRUE POINT OF BEGINNING; THENCE S86'29'34"E 20.00 FEET TO A POINT; THENCE S02'29'36"W 213.28 FEET TO A POINT; THENCE N8700'40"W 20.00 FEET TO A POINT: THENCE NO2'29'36"E 213.46 FEET TO THE POINT OF BEGINNING. M�--------- ----- -- _._--r-- -.. :.. $fie �Y � ;...• • t€� � se>jwrr serm.ot S p v M mM.rr a•rior (¢�L/q/q v acm. rqn-m pq. 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W�a _ �IrY ea�i.raR�a.r•MY •' nwt YvtMwwr rmmDM va re awM .wn LEGEND wew.aoo w.ou wmma a.a ..wo m.. w M e a eeA �.waHi.�_wnmMu.n°1a. ww'.n'r`.u"�oM.oM o mro'r..Mo M�"ime io°m'mc�w nmp11 nm"`na®.mw w m� i e O t m(N9M5 — now •� ..rrprr •.a /.7N Ai1x1/.[ /C4Vl��Tt II BF COMMERCIAL HOLDING LLC. EASEMENT VACATION & DEDICATION 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 27, 2020 Updated 1.28.20 - PC FWD SUBJECT: VAC 19-6973: Vacation (3277 N. COLLEGE AVE./BF HOLDINGS, 213): Submitted by REID & ASSOCIATES, INC. for property located at 3277 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.95 acres. The request is to vacate a portion of a water and sewer easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6973 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 19-6973 to City Council with a recommendation for approval with the condition as recommended by staff." BACKGROUND: The subject property is located at the corner of N. College Avenue and E. Longview Street. The property is zoned C-2, Thoroughfare Commercial. Surrounding land uses and zoning are depicted in Table 1. Table 1 rroundinci Land Use and Zoni Direction I North, East, South & West I Commercial I C-2. Thorouahfare Commercial I Proposal: The request is to vacate a 20-foot water and sewer easement which runs along the subject property's western boundary (see vacation exhibit 'C'). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments: City of Fayetteville Response Water/Sewer No objections, provided a 15-foot by 20-foot utility easement is dedicated at the southwest corner of the subject property. Solid Waste & Recycling Transportation No objections and no comment. 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 19-6973 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. 2. A 15-foot by 20-foot utility easement shall be dedicated at the southwest corner of the subject property (see exhibit 'C'). PLANNING COMMISSION ACTION: Required YES Date: January 27, 2020 O Tabled dForwarded O Denied Motion: Winston Planning Commission Forwarded VAC 19-6973 to City Council with a recommendation for approval Second: Johnson subject to all conditions stated by staff. Approved Vote: 8-0-0 on consent agenda. BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map WETC\Development Services Review\2019\Development Services\19-6973 VAC 3275 N. College Ave. (BF Holdings) 213\03 PC\01-27-2020\Comments ARA December 3, 2019 City of Fayetteville Planning & Engineering 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Utility Easement Vacation Dear Planners, Alan Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS On behalf of my client, Jason Bedford, dba BF Commercial Holding LLC, I am submitting for your review a proposed utility easement vacation. The easement lies near and along the West boundary of 3275 & 3277 North College Avenue. The existing twenty foot wide easement would be entirely vacated through his property and a new easement would be dedicated, surrounding the existing manhole, as per the direction of Fayetteville Water & Sewer Department. There are no utilities located in the existing easement. If you have any questions, please feel free to call me at my office. Best regards, a'L-p Aldn Reid Professional Land Surveyor Arkansas Registration 1005 479.444.8784 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 arasurveying@sbcglobal.net Petition to vacate a water and sewer easement located in a part of the SW1/4 of the SE1/4 of Section 26, T-17-N, R-30-W, Fayetteville, Washington County, Arkansas, said easement 'being described in Deed Book 843 at page 431 of the land records of Washington County, Arkansas, and being wholly contained in petitioners tract of land (Land Parcel 76S-15755-000). Adjoining lands are neither contiguous nor benefit from the existing easement. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in a part of the SW1/4 of the SE1/4 of Section 26, T-17-N, R-30-W, Fayetteville, Washington County, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST OUARTER (SE1/4) OF SECTION TWENTY—SIX (26). TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING At THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S02'29'36"W 655.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT TO A POINT; THENCE N86'29'34"W 315.00 FEET TO AN EXISTING COTTON SPINDLE FOR THE TRUE POINT OF BEGINNING; THENCE S86'29'34"E 20.00 FEET TO A POINT; THENCE S02'29'36"W 213.28 FEET TO A POINT; THENCE N87'00'40"W 20.00 FEET TO A POINT„ THENCE NO2'29'36"E 213.46 FEET TO THE POINT OF BEGINNING. That the abutting real estate affected by said abandonment of the easement are land parcels 765- 15761-000, 765-15768-000 and 765-15769-000, City of Fayetteville, Arkansas. The public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described easement. Dated this .0 day of December, 2019. 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M 22 LEGEND *ten .w'�ic �wac nv. o i e O u 905 �� MST1.11011 Ab APA-U �5a� .Vl! BF COMM£RCLAL HOLOWC LLC. NO Sta) .L O:LLbF rDel[ .rL .w. ». N41fEf aqe( EASEMENT VACATION& DEDICATION VAC19-6973 BF COMMERCIAL HOLDINGS One Mile View U� 0 0.125 0.25 0.5 Miles e J' J i i C-1 Z � P1 \ ° VANTAGE w tt�l ., .. \ 'ram'♦ c �.9— I _ l I !0� QVIEw ST Subject Property w � m - STUBBL_EFIEL RD RI-12 --.iAROLD ST J R-A i i i AFPL ROLLING HILLS DR RMF-24 n vr- CT P----1 Zonlnp � �t (3Nw41,OP,u1N I - RESIDENTIAL SNGLEFANILY EXTRACTION Legend - - L�NSG - .- �Rw wavAETIaAL j C m.n R.tlMKYIOIIt. ' ' C, mN.w�Pn.a ccT Planning Area �]R., Mom, FORMSASEDDISTRICTS Fayetteville City Limits e.T MI. [7 NYnaPN,CwRw — — Shared Use Paved Trail C7c +n svmw RESIWNe RESIDENMLLIULTIFAWLY I R r)RNFfi �NMdlppggpG Cm.-hpyi Trail (Proposed) ��1:2 PIANNEDZONINGDISTRIDTS — -.. _ I 1 I Planning Area ----1- ,_____,� cm -,e MI OOanmwtl.l InAMaM, RppnYl NsrnunoNAL �_- Design Overlay District I""""" l INDUSTRIAL 0 P., -- = Fayetteville City Limits w,ce tea. au,M..w VAC 19-6973 Close Up View ri BF COMMERCIAL HOLDINGS C-2 KENRAY ST Subject Property RI-12 R-A Legend ^ ' Planning Area Fayetteville City Limits Trail (Proposed) j J Design Overlay District Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet R-O [� Residential -Agricultural L RSF-4 (� RI-12 Residential -Office C-2 VAC19-6973 BF COMMERCIAL HOLDINGS _ Current Land Use NORTH ui Lu •,r, 9v MASQNIC•DR r sue+ • �>:.::._ � j � . . . �+ LY Commercial 3' I ' Subject Property LQNQVIEW ST �! , 3 , , ►'.; KENRAY ST Auto Storage`= > Commercial BERTHA ST Lu . )41 s `r ' HAROLD R- - � "'i$'i1 _ ! �. � r •r r � . ri ?!� . 4� if .. �'! • s ' � ri " Streets Planned MSP Class FEMA Flood Hazard Data C O COLLECTOR Streets Existing F' 100-Year Floodplain MSP Class O=+Feet COLLECTOR Floodway o PRINCIPAL ARTERIAL 1 I / 1 Trail (Proposed) 0 112.5 225 450 675 900 L�1Planning Area _i Fayetteville City Limp. 1 inch = 300 feet Design omiay District RECEIVED MAR 0 4 2020 NORTHWEST ARKANSAS CI I Y CLERKS 0 OFFICE AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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 6286 Was inserted in the Regular Edition on: February 27, 2020 Publication Charges: $ 101.40 Cathy St s Subscribed and sworn to before me This Z day of PJ,7 , 2020 oxmn W (.Q,P4 Notary Public My Commission Expires: 2tzo/zoZ CATHY WILES Arkansas - Benton County Votary Public - Comm,., 12397118 Cnmmission Expiris Fab 20, 2024 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6286 File Number: 2020-0094 VAC 19-6973 (3277 N. COLLEGE AVE./BF HOLDINGS): AN ORDINANCE TO APPROVE VAC 19- 6973 FOR PROPERTY LOCATED AT 3277 NORTH COLLEGE AVENUE TO VACATE A PORTION OF A WATER AND SEWER 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 easement are not required for corporate 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 of a water and sewer easement as described in Exhibit B attached to the Planning Department's Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. File Number: 2020-0094 Ordinance 6286 2. A 15-foot by 20-foot utility easement shall be dedicated at the southwest comer of the subject property as shown on Exhibit C to the Planning Department's memo. PASSED and APPROVED on 2/18/2020 Jordan, Mayor Kara Paxton, City Clerk Treasurer 75235197 02/27/2020