HomeMy WebLinkAboutOrdinance 6530Ordinance: 6530
File Number.' 2022-0074
waterline shall be abandoned by the applicant and this easement vacation becomes effective.
2. Any damage or relocation of existing facilities will be at the applicant's expense.
PASSED and APPROVED on 2/15/2022
Attest:
IPAIA4?, -,-Z7 ?�i
G
.:Ay�]7E��1�
Kara Paxton, City Clerk Treasurer; W
� y
Page 2 Printed on 2116122
VAC-2022-000001
Close Up View
I a
�R�1N R gL�D�
WdA
Regional Link - High Activity
Residential Link
1 9 Planned Neighborhood Link
Hillside -Hilltop Overlay District
2 Planning Area
_ ! Fayetteville City Limits
— — — Trail (Proposed)
Design Overlay District
Walmart #144
Lubject Property
C-2
Feet
0 75 150 300 450 600
1.2,400
EXHIBIT 'A'
a
M
RC
m
N
v
RSF-7
tz.A
RI-12
Residential -Agricultural
RSF-4
RSF-7
i RI-12
!♦ RMF-24
C-2
Commercial, Industrial, Residential
— ., P-1
VAC-2022-000001
EXHIBIT 'B'
Easement Vacation
Legal Description
A portion of a 10-foot Water Easement within the boundary of Tract 1 of a Lot Split both being
recorded in File 2007-00038002 of the public records of Washington County, Arkansas, also
being a part of the SW1/4 of the NE1/4 and part of the NW1/4 of the SE1/4 of Section 19,
Township 16, North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being
more particularly described by metes and bounds as follow:
COMMENCING at the most southern southeast corner of aforementioned Tract 1;
THENCE with the east line of said Tract 1, North 01°04'00" East, 139.41 feet to a corner of said
Tract 1;
THENCE leaving said east line, North 54°41'32" West, 136.47 feet to a point on the east line of
aforementioned existing water easement, also being the POINT OF BEGINNING;
THENCE North 87'27'00 West, 10.00 feet to said water easement's west line;
THENCE along said west line North 02°30'54" East, 327.00 feet;
THENCE leaving said west line South 87'27'00" East, 10.00 feet to said water easement's east
line;
THENCE along said east line South 02°30'54" West, 327.00 feet to the POINT OF BEGINNING
and containing 3,270 square feet or 0.08 acres more or less.
Washington County, AR
I certify this instrument was filed on
03/08/2022 10:46:16 AM
and recorded in Real Estate
File Number 2022-00007704
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0074
Agenda Date: 2/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.2
VAC-2022-001 (2875 W. MARTIN LUTHER KING JR. BLVD.IWALMART #144):
AN ORDINANCE TO APPROVE VAC 22-01 FOR PROPERTY LOCATED AT 2875 WEST MARTIN
LUTHER KING JUNIOR BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY
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 general utility 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 the portion of a general
utility 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 following conditions:
1.Prior to easement vacation becoming effective, a new replacement waterline and easement must be reviewed
and approved by City engineering; the new waterline shall be constructed by the applicant and accepted by the
City; and the new replacement easement dedicated. At that time, the existing waterline shall be abandoned by
the applicant and this easement vacation becomes effective.
2. Any damage or relocation of existing facilities will be at the applicant's expense.
City of Fayetteville, Arkansas Page 1 Printed on 211612022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0074
Legistar File ID
2/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/28/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2022-000001: Vacation (2875 W. MARTIN LUTHER KING JR. BLVD./WALMART #144, 558): Submitted by CEI,
INC. for property located at 2875 W. MARTIN LUTHER KING JR. BLVD. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 23.71 acres. The request is to vacate an approximately 0.08 acre portion
of a water/sewer easement.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 15, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: January 28, 2022
CITY COUNCIL MEMO
SUBJECT: VAC-2022-000001: Vacation (2875 W. MARTIN LUTHER KING JR.
BLVD./WALMART #144, 558): Submitted by CEI, INC. for property located at
2875 W. MARTIN LUTHER KING JR. BLVD. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 23.71 acres. The
request is to vacate an approximately 0.08 acre portion of a water/sewer
easement.
RECOMMENDATION:
Staff recommends approval of VAC-2022-000001 as shown in the attached Exhibits 'A' and 'B',
and with the following condition of approval:
1. Prior to easement vacation, new waterline must be reviewed and approved by City
Engineering, the new waterline shall be constructed, accepted, and new easement
dedicated. At that time existing waterline can be abandoned and this easement vacated.
2. Any damage or relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property is in south Fayetteville, on the south side of W. Martin Luther King Jr.
Boulevard and between its intersections with W. Farmers Drive and S. Finger Road. Wal-Mart, its
accessory structure, and parking lot occupy the subject property.
Request: The applicant proposes to vacate and relocate a portion of an existing water/sewer
easement as indicated in the attached exhibits and totaling approximately 3,270-square feet. A
building permit is under review for a proposed building addition which conflicts with the current
location of the easement. An 8-inch PVC water main is present in the easement and is proposed
to be re-routed.
DISCUSSION:
The applicant submitted the required approvals from the public and private utility and service
providers with no objections. Additionally, rededication of the water/sewer easement and
reconfiguration of the line will maintain contiguity with existing easements and mains to the north
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
and south. With submittal of the required vacation forms and utility consent, staff recommends
approval.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Request Letter
• Petition to Vacate
• Survey
VAC-2022-000001 Wa I m a rt # 144
Close Up View
MW
Subject Property
D
M
C-z ;0
Cn
Regional Link - High Activity
Residential Link
■ ■ Planned Neighborhood Link
Hillside -Hilltop Overlay District
r ; Planning Area Feet
Fayetteville City Limits
0 75 150 300 450 600
— — — Trail (Proposed)
. Design Overlay District 1 :2,400
RSF-7
i
I �
i
NORTH'
Residential -Agricultural
RSF-4
RSF-7
RI-12
RMF-24
C-2
Commercial, Industrial, Residential
P-1
Easement Vacation
Legal Description
A portion of a 10-foot Water Easement within the boundary of Tract 1 of a Lot Split both being
recorded in File 2007-00038002 of the public records of Washington County, Arkansas, also
being a part of the SW1/4 of the NE1/4 and part of the NW1/4 of the SE1/4 of Section 19,
Township 16, North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being
more particularly described by metes and bounds as follow:
COMMENCING at the most southern southeast corner of aforementioned Tract 1;
THENCE with the east line of said Tract 1, North 01°04'00" East, 139.41 feet to a corner of said
Tract 1;
THENCE leaving said east line, North 54°41'32" West, 136.47 feet to a point on the east line of
aforementioned existing water easement, also being the POINT OF BEGINNING;
THENCE North 87°27'00 West, 10.00 feet to said water easement's west line;
THENCE along said west line North 02°30'54" East, 327.00 feet;
THENCE leaving said west line South 87°27'00" East, 10.00 feet to said water easement's east
line;
THENCE along said east line South 02°30'54" West, 327.00 feet to the POINT OF BEGINNING
and containing 3,270 square feet or 0.08 acres more or less.
!Q
kp6p--,- Q, IM
CEI
Solutions for
Land and Life
January 14, 2022
City of Fayetteville
Planning Department
125 W Mountain Street
Fayetteville, AR 72701
To Whom It May Concern:
Civil Engineering, Landscape Architecture,
Survey, Planning & Program Management
3108 SW Regency Parkway
Bentonville, AR 72712
Office: 479.273.9472
Toll -free: 1.800.433.4173
ceieng.com
Regarding the Water Line Easement Vacation located at 2875 W Martin Luther King Boulevard
in Fayetteville, Arkansas:
It is the applicant's intent to vacate the water line and re-route the water line.
Please see attached exhibit.
Please let me know if anything else is needed from us.
Respectfully submitted,
CEI Engineering Associates, Inc.
Zach Fletcher, Project Manager
CEI
Solutions for
Land and Life
01-28-2022
Civil Engineering, Landscape Architecture,
Survey, Planning & Program Management
3108 SW Regency Parkway
Bentonville, AR 72712
Office: 479.273.9472
Toll -free: 1.800.433.4173
ceieng.com
PETITION TO VACATE A PORTION OF GENERAL WATER & SEWER EASEMENT
LOCATED AT 2875 W MILK BLVD IN THE 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 easement hereinafter
sought to be abandoned and vacated, lying in Section 19 Township 16 North, Range 30 West,
City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is
described as follows:
A portion of a 10-foot Water Easement within the boundary of Tract 1 of a Lot Split both
being recorded in File 2007-00038002 of the public records of Washington County,
Arkansas, also being a part of the SW1/4 of the NE1/4 and part of the NW1/4 of the
SE1/4 of Section 19, Township 16, North, Range 30 West, City of Fayetteville,
Washington County, Arkansas, being more particularly described by metes and bounds
as follow:
COMMENCING at the most southern southeast corner of aforementioned Tract 1;
THENCE with the east line of said Tract 1, North 01 004'00" East, 139.41 feet to a corner
of said Tract 1;
THENCE leaving said east line, North 54°41'32" West, 136.47 feet to a point on the east
line of aforementioned existing water easement, also being the POINT OF BEGINNING;
THENCE North 87027'00 West, 10.00 feet to said water easement's west line;
THENCE along said west line North 02o3O'54" East, 327.00 feet;
THENCE leaving said west line South 87027'00" East, 10.00 feet to said water
easement's east line;
THENCE along said east line South 02030'54" West, 327.00 feet to the POINT OF
BEGINNING and containing 3,270 square feet or 0.08 acres more or less.
That the real estate affected by said abandonment of the easement used will not affect public
interest and welfare adversely.
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 real estate, subject to said
water and sewer easements, and that title to said real estate sought to be abandoned be vested
and as to that land the owners be free from the abandoned portion of the easement.
Dated this _28_ day of _January
Mark Asplund
Printed Name
kxlf-),44 ,
Signature
Printed Name
Signature
2
, 2022.
WAL-MART #144
I I
I I
PARCEL #765-14654-000
MATCHLINE "NORTH"
WAL-MART REAL ESTATE
BUSINESS TRUST
I I MATCHLINE "SOUTH"
DEED BK. 93, PG. 22836
I I
I 20' WATER LINE ESMT —
TRACT 1
- I _ PER SEPARATE DOCUMENT
FILE 2007-00038002 N I I o
M I I M
RI I�
Cn
Cn
�I I�
zl I�
10' WATER EASEMENT I I
BY FILE 2007-00038002
3,270SQ. FT.±
OR 0.08 AC.±
(TO BE VACATED I I P O. B.
BY THIS DOCUMENT) ��
EL1
II
II �
II
I
10' WATER EASEMENT
BY FILE 2007-00038002 I I
J I� -
/ / C�Iti
0 50' 75' 100'
SCALE IN FEET
NOTE:
It is to be understood that this sketch is descriptive only of the size,
shape and location of the easement and does not constitute a plat
z
or survey of the Grantors' property.
P. 0. C. I
I
I
1
cn
o
O
v
w
0
m
1
1
N
O
V
1
1
N87°40'23 "W
119.01,
Easement Line Table
LINE
BEARING
DISTANCE
EL1
N87°27'00"W
10.00,
EL2
S87°27'00"E
10.00,
Wal-Mart Stores, Inc.
Exhibit"B"
7
oa^ op
"a�JmryN
LLo
4
'¢xav�
3 _LL
oai
n
Vacated Water Line Easement Exhibit
2875 W. Martin Luther King Blvd. (W. 6th St.)
City of Fayetteville, Washington County, Arkansas
SHEET TITLE
PROFESSIONAL OF RECORD 1KB SHEET NUMBER
DESIGNER TLP
FIELDWORK N/Z
CEI PROJECT NUMBER 32512
°'
DATE I/CEI26/2022 1 //�/
REVISION REV-0 i OF L
I
10' WATER EASEMENT
BY FILE 2007-00038002 I I it �L
EL2 �u1
I
I
I of I
I IM
u I, I
I
10' WATER EASEMENT
BY FILE 2007-00038002 I I 3,270 SQ. FT.± w
OR 0.08 AC.± I I L^
(TO BE VACATED o
BY THIS DOCUMENT)
I
I
I
WAL-MART #144
PARCEL #765-14654-000 I I MATCHLINE "NORTH"
WAL-MART REAL ESTATE
BUSINESS TRUST I I MATCHLINE "SOUTH"
DEED BK. 93, PG. 22836
TRACT 1 I I PERSEPARATE DOCUMENT
FILE 2007-00038002 o I I o
NI IN
A
NOTE:
L epnd
47P -
Boundary Line
Water Line Easement
Existing Water Line Easement
Vacated Water Line Easement
Bearing & Distance Change
It is to be understood that this sketch is descriptive only of the size,
shape and location of the easement and does not constitute a plat
or survey of the Grantors' property.
z
Easement Line Table
LINE
BEARING
DISTANCE
EL1
N87°27'00"W
10.00,
EL2
S87°27'00"E
10.00,
0 50' 75' 100,
SCALE IN FEET
Wal-Mart Stores, Inc.
Exhibit"B"
7 �
L
CE1
o Zpmo�
_°'Sand
LLo
inm
LL"�Pn6
oai
n
Vacated Water Line Easement Exhibit
2875 W. Martin Luther King Blvd. (W. 6th St.)
City of Fayetteville, Washington County, Arkansas
SHEET TITLE
PROFESSIONAL OF RECORD 1KB
DESIGNER TLP
FIELDWORK N/Z
III PROJECT N UMBER 32512
°'
DATE I/26/2022
REVISION REV-0
m
1
I
0
00
.p
1 1D
1
1
1
1
1
SHEET NUMBER
OF 2
RECEIVED
Democrat aeON
tte
F.^_•. 9v%1C�7, FitYEiTEbILLE AP.. 7i702. 479.43217t1C •FAX: •179•0""?5.11i5 • WWN NIINADG.COM
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6530
Was inserted in the Regular Edition on:
February 20, 2022
Publication Charges: $141.36
Brittany -Smith
Subscribed and sworn to before me
This 2,1 day of Pb, 2022.
Notary Public J My Commission Expires: � '/Z�
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC—ARKANSAS
My Commission Expires 02-20-2024
Commission No.12397118
FEB 2 5 2022
GI;''. QF FAYETTEVILLE
+✓I I'Y CLERK'S OFFICE
Ordinance: 6530
File Number. 2022.0074
VAC-2022-001 (2875 W. MARTIN
LUTHER KING JR.
BLVD./WALMART # 144):
AN ORDINANCE TO APPROVE VAC
22-01 FOR PROPERTY LOCATED AT
2875 WEST MARTIN LUTHER KING
JUNIOR BOULEVARD TO VACATE
A PORTION OF A GENERAL
UTILITY 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 general utility easement is
not required for corporate purposes.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
vacates the portion of a general utility
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 following conditions:
1. Prior to easement vacation
becoming effective, a new replacement
waterline and easement must be
reviewed and approved by City
engineering; the new waterline shall be
constructed by the applicant and
accepted by the City; and the new
replacement easement dedicated. At that
time, the existing
waterline shall be abandoned by the
applicant and this easement vacation
becomes effective.
2. Any damage or relocation of
existing facilities will be at the
applicant's expense.
PASSED and APPROVED on
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by The City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: $141.36. 75521174 Feb. 20, 2022