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Home My WebLink AboutOrdinance 6582113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6582 File Number: 2022-0387 Doc ID: 020649850004 Type: REL Kind: ORDINANCE Recorded: 07/18/2022 at 02:38:04 PM Fee Amt: $30.00 Pape i of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2022-00023942 VAC 22-007 (2978 N. OLD MISSOURI RD./OLD MISSOURI LAND DEVELOPMENT LLQ: AN ORDINANCE TO APPROVE VAC 22-007 FOR PROPERTY LOCATED AT 2978 NORTH OLD MISSOURI ROAD IN WARD 3 TO VACATE A PORTION OF A 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 utility easement is not required for corporate purposes. 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 vacates the portion of a 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 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 7/5/2022 Page 1 Printed on 71622 Ordinance: 6582 File Number: 2022-0387 Attest: YE -rTEV Kara Paxton, City Clerk Treasurer Page 2 Printed on 716122 JORGENSEN +ASSOCIATES Civil Engineering Surveying VAC-2022-0007 EXHIBIT 'B' 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Established 1985 TWENTY -FOOT -WIDE UTILITY EASEMENT TO BE VACATED: A TWENTY -FOOT -WIDE UTILITY EASEMENT BEING A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING N87°09'07"W 1026.45 FEET; N87°11'51"W 770.82 FEET; S02°47'04"W 115.12 FEET; S09°4S'S3"E 52.11 FEET AND S19°07'21"E 4.42 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING LOCATED ON THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING THENCE S87°14'SWE 21.55 FEET; THENCE S19°07'21"E 381.97 FEET; THENCE S70°S2'39"W 20.00 FEET; THENCE N19°07'20"W 20.00 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY N19°07'21"W 370.00 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.38 ACRES OR 7,719 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. Washington County, AR I certify this instrument was filed on 07/18/2022 02:38:04 PM and recorded in Real Estate File Number 2022-00023942 Kyle Sylvester - Circuit Clerk by C City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0387 Agenda Date: 7/5/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: D.5 VAC 22-007 (2978 N. OLD MISSOURI RDJOLD MISSOURI LAND DEVELOPMENT LLQ: AN ORDINANCE TO APPROVE VAC 22-007 FOR PROPERTY LOCATED AT 2978 NORTH OLD MISSOURI ROAD IN WARD 3 TO VACATE A PORTION OF A 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 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 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 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 71612022 City of Fayetteville Staff Review Form 2022-0387 Legistar File ID 7/5/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 6/17/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0007: Vacation (2978 N. OLD MISSOURI RD./OLD MISSOURI LAND DEVELOPMENT LLC, 253): Submitted by JORGENSEN & ASSOC. for property located at 2978 N. OLD MISSOURI RD. The property is zoned NS-G, NEIGHBORHOOD SERVICES -GENERAL and contains approx. 16.48 acres. The request is to vacate a 0.38-acre portion of a utility easement abutting N Old Missouri Rd. 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 ARKANSAS MEETING OF JULY 5, 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: June 17, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0007: Vacation (2978 N. OLD MISSOURI RDJOLD MISSOURI LAND DEVELOPMENT LLC, 253): Submitted by JORGENSEN & ASSOC. for property located at 2978 N. OLD MISSOURI RD. The property is zoned NS-G, NEIGHBORHOOD SERVICES -GENERAL and contains approx. 16.48 acres. The request is to vacate a 0.38-acre portion of a utility easement abutting N Old Missouri Rd. RECOMMENDATION: Staff recommends approval of VAC-2022-0007 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 located in north Fayetteville, roughly'/4 mile north of the intersection of N. Old Wire Road and N. Old Missouri Road. It is immediately north of the Keenan Towerhouse. The property totals approximately 16.48 acres and split -zoned NC, Neighborhood Conservation and NS-G, Neighborhood Services -General. The site is the location of a couple recent development applications. At the Planning Commission meeting on April 11, 2021 a conditional use permit (CUP-2022-0004) was approved to allow multi -family on the portion of the property zoned NS-G, Neighborhood Services -General. A large scale development (LSD-2022-0012) is currently under review for a development composed of a mixed -use structure, townhomes, and 10 single-family residential lots. The site is almost entirely undeveloped and covered with tree canopy. An approximately 9.5% grade is present across the property sloping from the southeast corner, down towards the northwest where the property abuts Butterfield Trail Elementary. Request: The applicant proposes to vacate a 0.18-acre utility easement as indicated in the attached exhibits. 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, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 staff recommends approval. In their request letter the applicant states the intent of the request is to allow a proposed building to fall within the build -to zone. The applicant adds that additional easements behind the proposed structures are proposed to accommodate future utilities. With submittal of the required vacation and consent forms, staff recommends approval. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey VAC-2022-0007 VAC request for Old Missouri Close Up View Land Development LLC 1 1 FURMAN ST- ' Subject Property ROLLING HILLS DR RSF-4 Neighborhood Link Residential Link Planned Neighborhood Link r _ _. Planning Area _I Fayetteville City Limits - - - Shared -Use Paved Trail - - - Trail (Proposed) R-O Feet 0 75 150 300 1:2,400 ,J& NORTH RSF-4 RI-12 Residential -Office Neighborhood Services - Gen. Neighborhood Conservation 450 600 P-1 JORGENSEN +ASSOCIATES Civil Engineering - Surveying 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www.jorgensenassoc.com Established 1985 TWENTY -FOOT -WIDE UTILITY EASEMENT TO BE VACATED: A TWENTY -FOOT -WIDE UTILITY EASEMENT BEING A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING N87°09'07"W 1026.45 FEET; N87°11'51"W 770.82 FEET; S02°47'04"W 115.12 FEET; S09°45'53"E 52.11 FEET AND S19°07'21"E 4.42 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING LOCATED ON THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING THENCE S87°14'50"E 21.55 FEET; THENCE S19°07'21"E 381.97 FEET; THENCE S70°52'39"W 20.00 FEET; THENCE N19°07'20"W 20.00 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY N19°07'21"W 370.00 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.38 ACRES OR 7,719 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. J O R G E N S E N 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 . + ASSOCIATES v Civil Engineering Surveying Office:4 www.jorgensenassoc.com nsenassosoc.com Established 1985 TO: The Fayetteville City Planning Commission and The Fayetteville City Council The purpose and intent of this Utility Easement vacation is to vacate an unnecessary easement along Old Missouri to allow a proposed building to fall within the Build -to -zone. Additional easements behind these structures are being proposed to accommodate all future utilities. The owners and developers of Parcels #765-16065-017 & #765-16065-018 are as follows: Old Missouri Land Development, LLC. Thanks for your consideration. i erely; B a Jorgensen, PE $14 JORGENSEN +ASSOCIATES vCivil Engineering Surveying 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www-jo,gcnscnassoc.com Established 1985 PETITION TO VACATE GENERAL UTILITY EASEMENT LOCATED ON PARCEL #765-16065-018, 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 on parcel #765-16065-018, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: TWENTY -FOOT -WIDE UTILITY EASEMENT TO BE VACATED: A TWENTY -FOOT -WIDE UTILITY EASEMENT BEING A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING N87°09'07"W 1026.45 FEET; N87°11'51"W 770.82 FEET; S02°47'04"W 115.12 FEET; S09°45'53"E 52.11 FEET AND S19°07'21"E 4.42 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING LOCATED ON THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING THENCE S87°14'50"E 21.55 FEET; THENCE S19°07'21"E 381.97 FEET; THENCE S70°52'39"W 20.00 FEET; THENCE N19°07'20"W 20.00 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY N19°07'21"W 370.00 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.18 ACRES OR 7,719 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. That the abutting real estate affected by said abandonment of the easement is only on parcel #765-160065-018, City of Fayetteville and currently being used, 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 utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. 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 utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this _ day of , 20 Printed Name Signature e Htl 3111A3113Atld � t esi uauz wee:3 r>uvcas,� wo.............S�1b1o10SSd+�� N3SN3�J2iOf R eFa== _ �j FI :NOI1tl7011O3POHd+'swz: € s e. „aasfi;,,4smvzL s m o`� xeo a0H'�i3 I1 NOtl1S 3Otl1S :31111133mHd IM �1�ri jr NOE / Z N �g NO Iv I S a I m s � \\Ci(Y•/\!l k�� S .Mn N o. NS—s_'tasp/.Le[•sszoa 3 // � �' 6 — II � b peg le Ilp •��I IIIII si11 � a € R eO-02'sb ego Ps £ €_^"v 3 ��ea��€Sew g££6 s m € filgo 9g e� 3f a s of P a$xss 9 € 9 £Im„��3 �� qy 4 3 OpF