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HomeMy WebLinkAboutOrdinance 6571113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6571 File Number: 2022-0470 VAC-2022-013 (4180 N. COLLEGE AVE./CHICK-FIL-A): I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 020621830004 Type: REL Kind: ORDINANCE Recorded: 06/30/2022 at 10:25:51 AN Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2022-00021881 AN ORDINANCE TO APPROVE VAC 22-013 FOR PROPERTY LOCATED AT 4180 NORTH COLLEGE AVENUE IN WARD 3 TO VACATE A PORTION OF A WATER/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 portion of a water/sewer 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 water/sewer 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 6/7/2022 Page 1 Printed on 618122 Ordinance: 6571 File Number: 2022-0470 Attest: `oliInlIIIII/ `.��G • GAT Y •qs'''. • .cam ;1 AYETTEVILLE;�= Kara Paxton, City Jerk Treasuret,k; • y .a. ������OTOAV•CO��. Page 2 Printed on 618122 VAC-2022-0013 4180 N COLLEGE AVE VAC-2022-0013 Close Up View EXHIBIT 'A' N OZ O 2 v M Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits SHEPHE r" Subject Property l MM-r RD LN UwA ��,ONTAGE R� Feet 0 75 150 300 450 600 1.2,400 J W m -IEPHERDLN ,A& NORTH C-2 I Community Services M Commercial, Industrial, Residential LOT 1 WATER/SEWER EASEMENT TO VACATE A strip of land being a part of that certain water/sewer easement established in WATER/SEWER EASEMENT recorded as Document No. 96009258 lying in Lot 1 of Northwest Village Addition to the City of Fayetteville, Arkansas, as per plat of said addition recorded in Plat Book 14 at Page 70 in the Office of the Circuit Clerk and the Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follows: COMMENCING at the northeast corner of said Lot 1; THENCE South 02°46'40" West, along the east line of said Lot 1, a distance of 119.97 feet to a point on the north line of said water/sewer easement; THENCE North 86°54'32" West, along the north line of said water/sewer easement, a distance of 14.85 feet to the POINT OF BEGINNING; THENCE South 03°05'28" West a distance of 20.00 feet to a point on the south line of said water/sewer easement; THENCE North 86°54'32" West, along the south line of said water/sewer easement, a distance of 38.00 feet; THENCE North 03°05'28" East a distance of 20.00 feet to the north line of said water/sewer easement; THENCE South 86°54'32" East, along the north line of said water/sewer easement, a distance of 38.00 feet to the POINT OF BEGINNING. Said described strip of land contains an area of 760 square feet or 0.0174 acres, more or less. The Arkansas State Plane Coordinate system (NAD-83, North zone) using a bearing of South 02046'40" West along the east line of the subject property was used as the basis of bearing for this description. Prepared by: Randall A. Mansfield, Professional Land Surveyor No. 1540 Dodson -Thompson -Mansfield PLLC 20 N.E. 38th Street - OKC, OK 73105 March 25, 2022 ti ...F,RF�.,,��� ARKANSA No IS t,4_25 C ; W I VLLB ���1/11111.1111\\\ DODSON - THOMPSON - MANSFIELD, PLLC 20 NE 36th Street Phone: 405-601-7402 email: randym Odtm—ok.com Oklahoma City, OK 73105 Fax: 405-601-7421 Surveying - Engineering - Earthwork CERTIFICATE OF AUTHORIZATION NO: 2470 EXPIRES DECEMBER JI, 2020 Washington County, AR 1 certify this instrument was filed on 06/30/2022 10:25:51 AM and recorded in Real Estate File Number 2022-00021881 Kyle Sylvester - Circuit Clerk by -, City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0470 Agenda Date: 6/7/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 VAC-2022-013 (4180 N. COLLEGE AVE./CHICK-FIL-A): AN ORDINANCE TO APPROVE VAC 22-013 FOR PROPERTY LOCATED AT 4180 NORTH COLLEGE AVENUE IN WARD 3 TO VACATE A PORTION OF A WATER/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 portion of a water/sewer 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 water/sewer 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 61812022 City of Fayetteville Staff Review Form 2022-0470 Legistar File ID 6/7/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 5/20/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0013: Vacation (4180 N. COLLEGE AVE./CHICK-FIL-A, 135): Submitted by BURGER ENGINEERING for properties located at 4180 N. COLLEGE AVE. in WARD 3. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.03 acres. The request is to vacate a 0.02-acre portion of a water and 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 Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF JUNE 7, 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: May 20, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0013: Vacation (4180 N. COLLEGE AVE./CHICK-FIL-A, 135): Submitted by BURGER ENGINEERING for properties located at 4180 N. COLLEGE AVE. in WARD 3. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.03 acres. The request is to vacate a 0.02-acre portion of a water and sewer easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0013 as shown in the attached Exhibits 'A' and 'B' and with the following condition of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is the site of Chick-fil-A in north Fayetteville, on the east side of N. College Avenue and roughly one -tenth of a mile south of the street's intersection with E. Zion Road. The property is zoned C-2, Thoroughfare Commercial and totals approximately 1.03 acres. The site is in the Northwest Village Shopping Center, the location of Barnes and Noble, Petco, and Natural Grocers, among other businesses. Request: The applicant proposes to vacate a portion of an existing access and utility easement as indicated in the attached exhibits and totaling approximately 0.02 acres. DISCUSSION: The applicant submitted the required approvals from the public and private utility and service providers with no objections. With submittal of the required vacation forms and utility consent, staff recommends approval. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey LOT 1 WATER/SEWER EASEMENT TO VACATE A strip of land being a part of that certain water/sewer easement established in WATER/SEWER EASEMENT recorded as Document No. 96009258 lying in Lot 1 of Northwest Village Addition to the City of Fayetteville, Arkansas, as per plat of said addition recorded in Plat Book 14 at Page 70 in the Office of the Circuit Clerk and the Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follows: COMMENCING at the northeast corner of said Lot 1; THENCE South 02°46'40" West, along the east line of said Lot 1, a distance of 119.97 feet to a point on the north line of said water/sewer easement; THENCE North 86054'32" West, along the north line of said water/sewer easement, a distance of 14.85 feet to the POINT OF BEGINNING; THENCE South 03005'28" West a distance of 20.00 feet to a point on the south line of said water/sewer easement; THENCE North 86°54'32" West, along the south line of said water/sewer easement, a distance of 38.00 feet; THENCE North 03005'28" East a distance of 20.00 feet to the north line of said water/sewer easement; THENCE South 86054'32" East, along the north line of said water/sewer easement, a distance of 38.00 feet to the POINT OF BEGINNING. Said described strip of land contains an area of 760 square feet or 0.0174 acres, more or less. The Arkansas State Plane Coordinate system (NAD-83, North zone) using a bearing of South 02°46'40" West along the east line of the subject property was used as the basis of bearing for this description. Prepared by: Randall A. Mansfield, Professional Land Surveyor No. 1540 Dodson -Thompson -Mansfield PLLC 20 N.E. 38th Street - OKC, OK 73105 March 25, 2022 DODSON - THOMPSON - MANSFIELD, PLLC 20 NE 38th Street Phone: 405-601-7402 email: randym Odtm—ok.com Oklahoma City, OK 73105 Fax: 405-601-7421 Surveying - Engineering - Earthwork CERTIFICATE OF AUTHORIZATION NO: 2470 EXPIRES DECEMBER 31, 2020 JUBURGER ENGINEERING Civil Consultants April 25, 2022 City of Fayetteville City Council 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Chick-fil-A LetterofIntent 4801 North College Avenue Lot 1 — Northwest Village Addition Fayetteville, Arkansas 72701 B.E. No. 013-332 Dear City Council, Chick-fil-A is proposing to demolish their existing restaurant at the above referenced location and redevelop the site with a new drive -through only restaurant. The 20' water/sewer easement abandonment would allow Chick-fil-A to install a meal order canopy at this location. The redeveloped restaurant will provide the following improvements: • The site will be 1.03 acres or 44,869 S.F. • A f2,945 S.F. drive -through only restaurant. • A dual lane drive -through providing 29 stacking spaces compared to 18 stacking spaces currently. • Meal order and delivery canopies to protect team members from the elements (i.e. rain, wind, sun). • 36 parking spaces with required access isles. • Increase in pervious surface area from 9,976 S.F. to 14,076 S.F. therefore reducing runoff and increasing landscape planning areas. Please contact our office if you have any questions or comments. Sincerely, Bryan M. Burger, P. . ID BRYAN M. BURGER, P.E. 17103 Preston Road, Suite 180N I Dallas, Texas 75248 1 Office: 972.630.3360 I Fax: 972.630.3380 DocuSign Envelope ID: 8F5ACF7D-52B5-4B9D-BEOD-CDCE3849B375 PETITION TO VACATE A water & sewer EASEMENT LOCATED IN Lois 1 & 2, Northwest Village Addition, 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 Lot 1, Northwest Village Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: Being a portion of a Water/ Sewer Easement recorded in Document Number 96009258 and located within Lot 1, Northwest Village Addition. That the abutting real estate affected by said abandonment of the water/ sewer easement are Lot 1, Northwest Village Addition located in the City of Fayetteville used by the public for a period of many years, and that 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, subject, however, to the existing water and sewer easement as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described water/sewer easement and as to that particular land the owners be free from the easements of the public for the use of said land. Dated this 22 day of April 2)0 22 S. 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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 6571 Was inserted in the Regular Edition on: June 12, 2022 Publication Charges: $106.40 S,t. Brittany Smith Subscribed and sworn to before me This t 3day of jc k., 2022. Notary Public My Commission Expires: 2 lulz* **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 Ordinance: 6571 File Number. 2022-0470 VAC-2022-013 (4180 N. COLLEGE AVE./CHICK-FIL-A): AN ORDINANCE TO APPROVE VAC 22-013 FOR PROPERTY LOCATED AT 4180 NORTH COLLEGE AVENUE IN WARD 3 TO VACATE A PORTION OF A WATER/SEWER EASEMENT WHEREAS, the City Council has the authority under A.C.A. d 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 water/sewer 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 water/sewer 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 ofthe Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developers expense. PASSED and APPROVED on 6n2022 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by City of Fayetteville Clerks office. $106.40 75564783 June 12, 2022 OF FAYE,TF � L 1 4 _ • i� G li 441 ANSPS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6571 File Number: 2022-0470 VAC-2022-013 (4180 N. COLLEGE AVE./CHICK-FIL-A): AN ORDINANCE TO APPROVE VAC 22-013 FOR PROPERTY LOCATED AT 4180 NORTH COLLEGE AVENUE IN WARD 3 TO VACATE A PORTION OF A WATER/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 portion of a water/sewer 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 water/sewer 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 6/7/2022 Page 1 Printed on 618122 Ordinance: 6571 File Number: 2022-0470 Approved: Lioneld Jordan, Mayor Page 2 Attest: Kara Paxton, City Clerk Treasurer Printed on 618122 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $106.40.