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HomeMy WebLinkAboutOrdinance 6688 iiiIIIIIiiiiiiiiihillhillhillliiiiiiiiiiiiiIIIIIIIIIIiiiiiiiiIIIIIIIIII Doc ID: 021305500005 Type: REL Kind: ORDINANCE Recorded: 6/2023 at PM } ,r Fee Amt: $35.00 Pape 1 of 50230.03 Washington Count Kyle Sylvester i, AR �� Circuit Clerk ALl' i'!.0 ;I Filet 3--0002 J 6997 ,�� r,ni7 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Ordinance: 6688 File Number: 2023-1096 VACATION-2023-0004:(817 E. DOGWOOD LN./BUXTON,486): AN ORDINANCE TO APPROVE VAC 23-04 FOR PROPERTY LOCATED AT 817 EAST DOGWOOD LANE IN WARD 1 TO VACATE A 0.16-ACRE PORTION OF ALLEY RIGHT-OF-WAY 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, hasdeterminedright-of-way the City Council it u c that the following described portion of alley right of-way 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 alley right-of-way as described in Exhibit B attached to the Planning Department's 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.Any damage to or relocation of existing facilities will be at the property owner/developer's expense; 2. A 20-foot access easement shall be dedicated as shown in the Blew and Associates survey attached to the Planning Department's memo;and 3. A new 15-foot utility easement shall be dedicated along the north side of the subject property as requested by AEP/SWEPCO. PASSED and APPROVED on October 3,2023 Page 1 Ordinance: 6688 File Number: 2023-1096 Approved: Page 2 Attest: �C� `•' `iITYU�'yf�� Kara Paxton, ity Clerkeasurer VAC-2023-0004 Close Up View ;CRESCENTDR RSF — Neighborhood Link Alley Residential Link Hillside -Hilltop Overlay District Planning Area ! Fayetteville City Limits — — — Trail (Proposed) 817 E DOGWOOD LN Subject Property MISSOURI Feet 0 75 150 300 450 600 1.2,400 VAC-2023-0004 EXHIBIT 'A' 1/OGWOOD LN RSF-4 RSF-8 RSF-18 RMF-6 RMF-24 1-1 Heavy Commercial and Light Industrial P-1 04 BLEW & ASSOCIATES, PA V EXH g T B' CIVIL ENGINEERS & LAND SURVEYORS RIGHT-OF-WAY VACATION AREA A PORTION OF A 20' PUBLIC ALLEY, IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICI0 RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET 5/8" REBAR WITH CAP "AR 1659", BEING THE SOUTHEAST CORNER OF LOT 2 OF SAID GOFF ADDITION; THENCE N04°07'16"E 35.36 FEET TO A FOUND 1 /2" REBAR WITH CAP "PLS 1005", BEING THE TRUE POINT OF BEGINNING; THENCE N83°36'05"W 12.62 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 67.69 FEET, WITH A CHORD BEARING OF N29°44'39"W, AND A CHORD LENGTH OF 72.49 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE N59011'49"W 72.91 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE N69050'54"W 77.71 FEET TO A FOUND 1 /2" REBAR WITH CAP "PLS 1005"; THENCE N19°02'12"E 20.06 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE S69050'54"E 79.24 FEET TO A POINT; THENCE S59°11'49"E 74.30 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 87.69 FEET, WITH A CHORD BEARING OF S33°45'59"E, AND A CHORD LENGTH OF 74.83 FEET TO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE S83047'16"E 68.77 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE S73059'12"E 43.87 FEET TO A FOUND 1 /2" REBAR WITH CAP "PLS 1005"; THENCE S04011'06"W 20.94 FEET TO A FOUND 1 /2" REBAR WITH CAP "PLS 1005"; THENCE N73044'22"W 46.40 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE N83031'09"W 67.15 FEET TO THE POINT OF BEGINNING, CONTAINING 0.156 ACRES OR 6,812 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 83 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS AND RIGHTS -OF -WAY OF RECORD. 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 83 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 3, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner DATE: CITY COUNCIL MEMO 2023-1096 SUBJECT: VAC-2023-0004: Vacation (817 E. DOGWOOD LN./BUXTON, 486): Submitted by BLEW & ASSOCIATES for property located at 817 E. DOGWOOD LN. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.52 acres. The request is to vacate a 0.16-acre portion of alley right-of-way. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of VAC-2023-0004 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. A 20-foot access easement shall be dedicated as shown in the attached site exhibit; and 3. A new 15-foot utility easement shall be dedicated along the north side of the subject property as requested by AEP/SWEPCO. BACKGROUND: The subject property includes one parcel totaling 0.52 acres which is located on the north side of Mount Sequoyah about 300 feet southeast of the intersection of Dogwood Lane and Lafayette Street. The property is developed with a single-family dwelling which was built in 1967 and is accessed through a public alley. While the alley used to extend farther south to Missouri Way, a portion of the alley was vacated and abandoned in 1972 (Ord. 1878), and the alley now terminates at the east end of the subject property. Request: The applicant proposes to vacate a portion of the alley right-of-way adjacent to the subject property which totals approximately 0.16 acres. Public Comment: Staff received one inquiry about this request, though no support or opposition to the vacation was offered. DISCUSSION: Staff is supportive of the applicant's request to vacate a portion of the alley right-of-way. The right-of-way no longer contributes towards the creation of a complete, compact, and connected neighborhood as it is Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 disconnected from other street rights -of -way and only extends about 300 feet in length. The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with conditions as noted above. The applicant has also obtained approval from the other property owner adjacent to the right-of-way proposed to be vacated with no objections. At the September 11, 2023 Planning Commission meeting, this item was forwarded to City Council with a recommendation of approval by a vote of 9-0-0. Commissioner Payne made the motion and Commissioner Brink seconded. Commissioners found the request to be appropriate and offered little comment on the item. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate (#7), Survey (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1096 VAC-2023-0004: Vacation (817 E. DOGWOOD LN./BUXTON, 486): Submitted by BLEW & ASSOCIATES for property located at 817 E. DOGWOOD LN. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.52 acres. The request is to vacate a 0.16-acre portion of alley right-of-way. AN ORDINANCE TO APPROVE VAC 23-04 FOR PROPERTY LOCATED AT 817 EAST DOGWOOD LANE IN WARD 1 TO VACATE A 0.16-ACRE PORTION OF ALLEY RIGHT-OF- WAY 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 alley right-of-way 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 alley right-of-way as described in Exhibit B attached to the Planning Department's 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. Any damage to or relocation of existing facilities will be at the property owner/developer's expense; 2. A 20-foot access easement shall be dedicated as shown in the Blew and Associates survey attached to the Planning Department's memo; and 3. A new 15-foot utility easement shall be dedicated along the north side of the subject property as requested by AEP/SWEPCO. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1096 Item ID 10/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/15/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2023-0004: Vacation (817 E. DOGWOOD LN./BUXTON, 486): Submitted by BLEW & ASSOCIATES for property located at 817 E. DOGWOOD LN. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.52 acres. The request is to vacate a 0.16-acre portion of alley right- of-way. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: ' Civil Engineers Professional Land Surveyors Blew n. /kssociates, P.A. July 181h, 2023 To Whom It May Concern, Right -of -Way Vacation 3825 N. Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 My client, Christina Buxton is requesting a right-of-way vacation for the property at 817 East Dogwood Lane in Fayetteville. We are requesting this in order to give our client more usable property. She does currently have access off of Dogwood Lane and the right- of-way we are proposing to vacate is not used. The adjacent property owner is in favor of this as well. We kindly ask for your approval of this right-of-way vacation. The vacation affects parcel 765-05732-000. Sincerely, Nikki Littrell Senior Project Coordinator Blew & Associates, P.A. PETITION TO VACATE PETITION TO VACATE A RIGHT-OF-WAY LOCATED IN LOT 3 & WEST 11.20' OF LOT 4 BLOCK 2 OF THE GOFF 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 3 & West 11.20' of Lot 4 Block 2 of the Goff Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as follows: A PORTION OF A 20' PUBLIC ALLEY, IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET 5/8" REBAR WITH CAP "AR 1659", BEING THE SOUTHEAST CORNER OF LOT 2 OF SAID GOFF ADDITION; THENCE N04'07'16"E 35.36 FEET TO A FOUND 1/2" REBAR WITH CAP "PLS 1005", BEING THE TRUE POINT OF BEGINNING; THENCE N83'36'05"W 12.62 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 67.69 FEET, WITH A CHORD BEARING OF N29°44'39"W, AND A CHORD LENGTH OF 72.49 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE N59°11'49"W 72.91 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE N69'50'54"W 77.71 FEET TO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE N19'02'12"E 20.06 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE S69'50'54"E 79.24 FEET TO A POINT; THENCE S59'11'49"E 74.30 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 87.69 FEET, WITH A CHORD BEARING OF S33°45'59"E, AND A CHORD LENGTH OF 74.83 FEETTO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE S83°47'16"E 68.77 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE S73'59'12"E 43.87 FEET TO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE SO4'11'06"W 20.94 FEET TO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE N73°44'22"W 46.40 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE N83°31'09"W 67.15 FEET TO THE POINT OF BEGINNING, CONTAINING 0.156 ACRES OR 6,812 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. 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. 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 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 21 day of July 12023 Christina M. 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Form v1.36 NWA MeUia A WEHCO MEDIA COMPANY Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVE[ Ad number#: 334129 OCT 10 2023 PO #: Matter of: ord 6688 LE CITY OF OFFICE AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and h' during the publication of the annexed legal advertisement in the matter of: ord 6688 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. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$117.00. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 10/07/23;NWA nwaonline.com 10/07/23 Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 10th day of October,2023 ' - ,���� .'���l� .s CATHERINE STAGGS �� `.4 a'j v . MY COMMISSION#12402772 c UO/ s EXPIRES:February 28, 2025 � 7C r. ' Washington County At NOTARY PUBLIC Ordinance:6688 File Number: 2023-1096 VACATION-2023-0004: (817 E. DOGWOOD LN./BUXTON, 486): AN ORDINANCE TO APPROVE VAC 23-04 FOR PROPERTY LO- CATED AT 817 EAST DOGWOOD LANE IN WARD 1 TO VACATE A 0.16-ACRE PORTION OF ALLEY RIGHT-OF-WAY 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 cor- porate purposes;and WHEREAS,the City Council has determined that the follow- ing described portion of alley RECEIVED right-of-way is not required for corporate purposes. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OCT 10 2023 OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, CITY OF FAYETTEVILLE Arkansas hereby vacates the CITY CLERK'S OFFICE portion of alley right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2:A copy of this Ordi- nance duly certified by the City Clerk along with the map at- tached as Exhibit A to the Plan- ning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3:This vacation ap- proval is subject to the following conditions: 1.Any damage to or reloca- tion of existing facilities will be at the property owner/devel- oper's expense; 2.A 20-foot access easement shall be dedicated as shown in the Blew and Associates survey attached to the Planning De- partment's memo;and 3.A new 15-foot utility ease- ment shall be dedicated along the north side of the subject property as requested by AEP/SWEPCO. PASSED and APPROVED on October 3,2023 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount paid:$117.00 October 7,2023 334129 vvasnington County, AR I certify this instrument was filed on 10/16/2023 02:30:03 PM and recorded in Real Estate File Number 2023-00026997 Kyle Sylvester- Circuit Clerk