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HomeMy WebLinkAboutOrdinance 6291ar ❑S G FTTF, i t �+ F rux i jOKq NSF3 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6291 File Number: 2020-0190 CREEK MEADOWS ACCESS EASEMENT VACATION: III III IIIIII III III IIII IIII IIIII IIIII IIII I II IIII IIIII II II I IIII III Doc ID: 019163580005 Type: REL Kind: ORDINANCE Recorded: 04/17/2020 at 01:44:03 PM Fee Amt: $35.00 Page i of 5 Washington County, AR Kyle Sylvester Circuit Clerk File2020_00012099 AN ORDINANCE TO VACATE TWO ACCESS EASEMENTS WITHIN THE CREEKVIEW MEADOWS SUBDIVISION 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, a note on the subdivision plat for Legacy Heights Subdivision Phase 1 that was approved by the City and recorded on April 18, 2007, reflects that a temporary access easement in favor of the City to allow for temporary cul-de-sacs would be "automatically abandoned at the time of the street extensions to the north" as development continued in the area; and WHEREAS, the Easement Deed to the City of Fayetteville for those cul-de-sacs granted "a perpetual easement for the purpose of constructing, maintaining, repairing and replacing a public street, utility lines, sidewalks, and/or public drainage"; and WHEREAS, the street extensions to the north have been constructed (with the appropriate dedication of right of way) and the developer of Creekview Meadows subdivision, the property north of Legacy Heights Phase One, has time -sensitive contracts for lots to be developed within portions of the easements thought to have been automatically abandoned; and WHEREAS, pursuant to Section 171.06(E) of the Fayetteville Unified Development Code a request to vacate a public easement need not be presented to the Planning Commission before being submitted to the City Council as long as the City Council makes certain findings by a vote of at least two -third of its membership and the Mayor. Page 1 Printed on 314120 File Number.' 2020-0190 Ordinance 6291 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 finds, pursuant to § 171.06(E)(1) of the Fayetteville Unified Development Code, that the access easement does not contain any utilities within the areas to be vacated, the street connection to the north has been fully constructed to City standards including the dedication of sufficient right of way, and the excess property encumbered by the easement is no longer needed for any municipal purpose. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to § 171.06(E)(2) of the Fayetteville Unified Development Code, that special circumstances exist which require prompt consideration of the vacation request and justify bypassing the Planning Commission. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby vacates the access easement as described and shown in Exhibits A, B and C attached to this Ordinance. Section 4: A copy of this Ordinance duly certified by the City Clerk, along with the map, legal description, and survey attached as Exhibits A, B, and C, shall be filed in the office of the Washington County Circuit Clerk. PASSED and APPROVED on 3/3/2020 Attest: '���i}ttE}�rrfr�r rr Kara Paxton, City Clerk Treasurd : F{q y 7 �� • G rl� • i r 1� Page 2 Printed on 314120 VACATION Close Up View P 1 RMF-6 ?Q z�z v m >Q ~GREENS CHAPEL-RD z sc Y O GRAYS GAP RD RSF-1 Z J C] LIMERICK -WAY —W Legend Planning Area Fayetteville City Limits Y Trail (Proposed) Building Footprint LEGACY HEIGHTS GRE_EN5_ CHAPEL RD �G U) U) a W z 03 Q SABINE PASS u. U. A LTBOX-ST-m W M Subject Property PERSIMMON SST 0 LL LL J m 3 W 0 BERNAL ST PHOENIX•RQ Feet 0 112.5 225 450 675 900 1 inch = 300 feet Exhibit R-A RSF-4 —CANE HILL DR p I W � O G W co � w N U G p W W O N NORTH Residential -Agricultural RSF-1 RSF-4 RMF-6 P-1 Exhibit B EASEMENT DEED STATE OF ARKANSAS COUNTY OF Washington 'KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of ONE DOLLAR ($1.00) and other valuable considerations to the undersigned; Carl Walker, (hereiniStyled Grantor) paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, BARGAIN, SELL, and CONVEY unto the City of Fayetieville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, a perpetual easement for the purpose of constructing, maintaining, repairing and replacing a public street, utility lines, sidewalks, and/or public drainage, to wit: LEGAL DESCRIPTION Part of the SW V4, SW '/4, of Section 11, T16N, R31 W in Washington County, Arkansas and being described as follows; Commencing at the SW Comer of. said Section 11 thence N89°49'2I"E It 6.91 feet to the POB, thence N00°10'39"W 105.04 feet, thence N89°49'2I'S 100.00 feet, thence S00°1019"E 105.04 feet, thence S89°49'21"W 100.00 feet to the POB, Containing 10,504 sq. ft. AND ALSO Commencing at the SW Corner of said Section 11 thence N89°4921"E 446.92 feet to the POB thence N00010'39"W 105.04 feet, thence N89°49'21-"E 100.00 feet, thence S00°10'39"E 105.04 feet, thence S89049'21"W 100.00 feet to the POB, Containing 10,504 sq. ft. TO HAVE and TO HOLD said premises unto said Grantee, its successors and assigns forever for the uses and purposes hereinabove described: WITNESS the execution hereof this the day of 20_ ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF Washington BE IT REMEMBERED: That on this date, before the undersigned, a Notary Public within and ,for jsaid .County and State, duly commissioned and acting personally appeared and further states and acknowledged that he had so signed, executed and delievered said instruments for the consideration, uses and purposes therein mentioned and set forth. 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'�•,�� � � L��' � 8�i ( � i I ape {II S Washington County, AR I certify this instrument was filed on 04/17/2020 01:44:03 PM and recorded in Real Estate File Number 2020-00012099 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street f ` Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0190 Agenda Date: 3/3/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 CREEK MEADOWS ACCESS EASEMENT VACATION: AN ORDINANCE TO VACATE TWO ACCESS EASEMENTS WITHIN THE CREEKVIEW MEADOWS SUBDIVISION 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, a note on the subdivision plat for Legacy Heights Subdivision Phase 1 that was approved by the City and recorded on April 18, 2007, reflects that a temporary access easement in favor of the City to allow for temporary cul-de-sacs would be "automatically abandoned at the time of the street extensions to the north" as development continued in the area; and WHEREAS, the Easement Deed to the City of Fayetteville for those cul-de-sacs granted "a perpetual easement for the purpose of constructing, maintaining, repairing and replacing a public street, utility lines, sidewalks, and/or public drainage"; and WHEREAS, the street extensions to the north have been constructed (with the appropriate dedication of right of way) and the developer of Creekview Meadows subdivision, the property north of Legacy Heights Phase One, has time -sensitive contracts for lots to be developed within portions of the easements thought to have been automatically abandoned; and WHEREAS, pursuant to Section 171.06(E) of the Fayetteville Unified Development Code a request to vacate a public easement need not be presented to the Planning Commission before being submitted to the City Council as long as the City Council makes certain findings by a vote of at least two -third of its membership and the Mayor. 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 finds, pursuant to § 171.06(E)(1) of the Fayetteville Unified Development Code, that the access easement does not contain any utilities within the areas to be vacated, the street connection to the north has been fully constructed to City standards including the dedication of sufficient right of way, and the excess property encumbered by the easement is no longer needed City of Fayetteville, Arkansas Page f Printed on 31*2020 File Number. 2020-0190 for any municipal purpose. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to § 171.06(E)(2) of the Fayetteville Unified Development Code, that special circumstances exist which require prompt consideration of the vacation request and justify bypassing the Planning Commission. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby vacates the access easement as described and shown in Exhibits A, B and C attached to this Ordinance. Section 4: A copy of this Ordinance duly certified by the City Clerk, along with the map, legal description, and survey attached as Exhibits A, B, and C, shall be filed in the office of the Washington County Circuit Clerk. City of Fayetteville, Arkansas Page 2 Printed on 31412020 C. 4 AGENDA SESSION WALK ON 02/25/2020 Legistar ID No.: ULX AGENDA REQUEST FORM FOR: Council Meeting of March 3, 2020 FROM: Council Member Matthew Petty ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO VACATE TWO ACCESS EASEMENTS WITHIN THE CREEKVIEW MEADOWS SUBDIVISION APPROVED FOR AGENDA: Member Matthew Petty ' Assistant City Attorney Blake Pennington Approved as to form Date ZVzw zp Date CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 3, 2020 TO: Mayor; Fayetteville City Council FROM: Jonathan Curth, Development Review Manager DATE: March 3, 2020 CITY COUNCIL MEMO SUBJECT: Vacation (N OF SABINE PASS RD. & DREWRYS BLUFF RD./LEGACY HEIGHTS, 436). The properties are zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contain approximately 0.48 acres. The request is to vacate two access easements. RECOMMENDATION: Staff recommends approval of a vacation of the two access easements shown in the attached Exhibits 'A', `B', and 'C'. BACKGROUND: The subject property includes a portion of multiple lots and public right-of-way within the recently - platted Creekview Meadows subdivision. To the south of Creekview Meadows, Legacy Heights Phase I was platted in 2007. As a part of Legacy Heights Ph. I, two street stub -outs to the north were provided at the north end of Sabine Pass and Drewry's Bluff roads for future connectivity. Beyond the end of these street stub -outs, gravel turnarounds within access easements were required to accommodate large City vehicles. Although intended to be dedicated temporarily, both easements were dedicated to the City of Fayetteville in perpetuity. Following connection of Sabine Pass and Drewry's Bluff to the Creekview Meadows Subdivision, the purpose of the turnarounds was eliminated. Proposal: The applicant proposes to vacate the two existing access easements, located along Sabine Pass and Drewry's Bluff, between the Creekview Meadows and Legacy Heights Ph. I subdivisions. DISCUSSION: The request was not heard by the Planning Commission and is proposed as a walk-on item for the March 3rd City Council meeting. 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 VACATION Close Up View �1a - �RMF;�G }O �z Z O <I .Qi_ Ca GREENS CHAPEL--RD c� z )C } Y C.) O GRAYS GAP RD RSF-1 F J _LIMERICK•WAY Legend Planning Area Fayetteville City Limits • Trail (Proposed) Building Footprint LEGACY HEIGHTS GR ,G y U) a W SABINE PASS 0 LL LL \L-TBOX•ST m co W Subject Property I PERSIMMON': Feet BERNAL ST PHOENIX.RQ 0 112.5 225 450 675 1 inch = 300 feet Exhibit RSF-4 �--CANE-HILL DR W p I ILI � C7 � m W fn U Q W W O O m Q N O I NORTH Residential -Agricultural RSF-1 RSF-4 ■ RMF-6 900 P-1 Exhibit BEASEMENT DEED STATE OF ARKANSAS COUNTY OF Washington KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of ONE DOLLAR ($1.00) and other valuable considerations to the undersigned; Carl Walker , (herein; Styled Grantor) paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, BARGAIN, SELL, and CONVEY unto the City of Favetteville, Arkansas, a mupicipal corporation (herein styled Grantee), its successors and assigns, a perpetual easemett for the purpose of constructing, maintaining, repairing and replacing a public street, utility lines, sidewalks, and/or public drainage, to wit: LEGAL DESCRIPTION Part of the SW V4, SW'/4, of Section 11, T16N, R31 W in Washington County, Arkansas and being described as follows; Commencing at the SW Corner of said Section 11 thence N89°49'21"E 116.91 feet to the POB, thence N00°10'39"W 105.04 feet, thence N89°49'21"E 100.00 feet, thence S00°10'39"E 105.04 feet, thence S89049'21"W 100.00 feet to the POB, Containing 10,504 sq, ft. AND ALSO Commencing at the SW Corner of said Section 11 thence N89°49'21 "E 446.92 feet to the POB thence N00°10'39"W 105.04 feet, thence N89049'21"E 100.00 feet, thence S00°I0'39"E 105.04 feet, thence S89°49'21"W 100.00 feet to the POB, Containing 10,504 sq. ft. TO HAVE and TO HOLD said premises unto said Grantee, its successors and assigns forever for the uses and purposes hereinabove described. WITNESS the execution hereof this the day of 20_ .r ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF Washington BE IT REMEMBERED: That on this date, before the undersigned, a Notary Public within and rfor 1said nCounty and State, duly commissioned and acting personally appeared and further states and acknowledged that he had so signed, executed and delievered said instruments for the consideration, uses and purposes therein mentioned and set forth. WITNE! My commission C 10 8 � 4 O 11, 3 i 2 F IN Nil :at• F �ex: �'Waz'e5 _ _ - .•-a - Tj a sY ; g d i iu WY g « ° i, J « 2 ! taa sa0A9ANns • sN33NIDN3 7IAU S91VIOOSSV 78 K9SN3D)10f Pow r , "'M t? R • 44 FF ai ai )) a. A � ii77 Y • a A i ° e Y � b � na. Y b g ' ni ` 1 ,e 8e� C g i�'� 33p•?;aii "a �S� '_? a�ai?y {�=r.I R3, Ca.e-C i� tip e L'Se J48 _41mJ� . +J:.2 'a1M _bat i 1CJ Laibc _CN. :�lY_ .21t. �68 p im NMI ea ;ia:•yblF 'a. �a `�Ry ij C�1 YR7'.�ga, °1 `�i :a.•i:�•ee eg sa8 d p �1 Y^Ia EAS�$� �{ 1�-- 1, �® ® ' I ��' ice' ''� �a9- a -�- � ��� ,• f@ig^� a@_ ���F3 "� `a � 3; �---�T�e ®•. �a _F a-; 3.3,, Rn� --� a�-a'�-��ia® � a &�5 jil- e !2 R:5 f•? 3 ` 00 JORGENSEN /—►� ASSOCIATES A Civil Engineering -+ Sltiveymy February 21, 2020 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Blake Pennington, Assistant City Attorney Re: Final Plat for Creekview Subdivision Dear Mr. Pennington; 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479,582 4807 www iorgensenassoc com Please accept this request to officially vacate an access easement located on the Final Plat of Legacy Heights Subdivision Phase 1(File #0023-00000285) as well as on easement document #2005-000563666. When our firm platted Legacy Heights Subdivision, the city requested that we file an easement that was supposed to be a temporary access easement and abandoned upon future street extension and to be noted on the Final plat (Note 5 located in the middle top portion of the recorded plat). It is apparent that the intent was to allow there to be a temporary easement that would expire upon street extension. The streets associated with the Creekview Subdivision are now installed and as per the original Final Plat, the temporary access easement should be abandoned. However, we'd like to officially rectify the ambiguity within the language of the easement document and request that the City Council vacate this easement. We thank you for your consideration and please call with any questions. Sincerely; akei gensen AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting 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 -Clerks Office Ord 6291 Was inserted in the Regular Edition on: March 12, 2020 Publication Charges: $176.80 Bill � _SA Brittany Smith Subscribed and sworn to before me This day of '(�, 2020. &i-VVnca,5� Notary Public My Commission Expi :'S`.•"' k CATHERINE TAGGS "°*^A `:,: PAY COMMISSION ti 12402772 �e "aka sP: EXPIRES: February 28, 2p25 Washington County **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance 6291 File Number: 2020-0190 CREEK MEADOWS ACCESS EASEMENI VACATION. AN ORDINANCE TO VACATE TWO ACCESS EASEMENTS WITHIN THE CREEKVIEW MEADOWS SUBDIVISION 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, a note on the subdivision plat for Legacy Heights Subdivision Phase I that was approved by the City and recorded on April 18, 2007, reflects that a temporary access easement in favor of the City to allow for temporary cul-de-sacs would be "automatically abandoned at the time of the street extensions to the north" as development continued in the area, and WHEREAS, the Easement Deed to the City of Fayetteville for those cul-de-sacs granted "a perpetual easement for the purpose of constructing, maintaining, repairing and replacing a public street, utility lines, sidewalks, and/or public drainage% and WHEREAS, the street extensions to the north have been constructed (with the appropriate dedication of right of way) and the developer of Creekview Meadows subdivision, the property north of Legacy Heights Phase One, has time -sensitive contracts for lots to be developed within portions of the easements thought to have been automatically abandoned'and WHEREAS, pursuant to Section 171.06(E) of the Fayetteville Unified Development Code a request to vacate a public casement need not be presented to the Planning Commission before being submitted to the City Council as long as the City Council makes certain findings by a vote of at least two -third of its membership and the Mayor. 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 Fayetteville, Arkansas hereby finds, pursuant to § 171.06(EX 1) of the Fayetteville Unified Development Cade, that the access easement does not contain any utilities within the areas to be vacated, the street connection to the north has been fully constructed to City standards including the dedication of sufficient right of way, and the excess property encumbered by the easement is no longer needed for any municipal purpose Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to § 171.06(EX2) of the Fayetteville Unified Development Code, that special circumstances exist which require prompt consideration of the vacation request and justify bypassing the Planning Commission. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby vacates the access easement as described and shown in Exhibits A, B and C attached to this Ordinance. Section 4: A copy of this Ordinance duly certified by the City Clerk, along with the map, legal description, and survey attached as Exhibits A, B, and C, shall be filed in the office of the Washington County Circuit Clerk. PASSED and APPROVED on 3/3/2020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75244444 Mar 12,2020