Loading...
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