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
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Kara Paxton, City Clerk Treare� Fq y '`\ :c
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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'
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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
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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.
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EXHIBIT'C' I
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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.
Printed
Signature
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EASEMENT VACATION& DEDICATION
VAC19-6973 BF COMMERCIAL HOLDINGS
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o PRINCIPAL ARTERIAL
1 I / 1 Trail (Proposed) 0 112.5 225 450 675 900
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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