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HomeMy WebLinkAboutOrdinance 6695 _ IIlI iiiii iii 111111111 I iii ii i II II II0 ii i IIII 0 F Doc ID: 021319740004 Type: REL 44 °� Kind: ORDINANCE Recorded: 10/26/2023 at 03:21:21 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk e�I� File2O23-00028032 4 AA* 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Ordinance: 6695 File Number: 2023-1169 VACATION-2023-0010: (33 E.4TH ST./BERQUIST,523): AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LOCATED AT 33 EAST 4TH STREET IN WARD I TO VACATE A 0.19 ACRE PORTION OF 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 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 utility easement 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: I. Any damage to or necessary relocation of existing facilities will be at the applicant's expense; and 2. The western 10 feet of lot 6 must be dedicated as an easement to retain a 20 foot easement for the existing sewer line. PASSED and APPROVED on October 17,2023 Page 1 Ordinance: 6695 File Number. 2023-1169 Page 2 ``t%jj iiifll/�I/, Attest: �����C� ;0;Re G01 y. FAY:-Ti EVILLE; Kara Paxton, City Clerk Treasurer �yy;�QhItj.s�'. VAC-2023-0010 1 33 E. 4TH ST EXHIBIT 'A' Close Up View oQ - NEvsox _MARTIN KING JR Neighborhood Link Urban Center Unclassified Alley Residential Link ~ Planning Area _ ! Fayetteville City Limits I _- _ I Design Overlay District W Q W t� W J J O V Feet 0 75 150 300 450 600 1:2,400 M C-IJO UTH-ST RSF-18 ,J& NORTH RSF-18 RW Downtown General Neighborhood Conservation CORRESPONDS WITH ARA JOB #23178 SURVEY DESCRIPTION - AREA OF EXISTING TWENTY (20) FOOT WIDE UTLITY EASEMENT (WATER/SEWER) TO BE VACATED A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED THREE (3) IN JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED ON THE RECORDED PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT SEVEN (7); THENCE S87°13'35"E 10.00 FEET; THENCE S02°39'25"W 142.45 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT SEVEN (7); THENCE N86°35'28"W 10.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT SEVEN (7); THENCE NO2°39'25"E 142.33 FEET TO THE POINT OF BEGINNING. CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 17, 2023 TO: Mayor Jordan and City Council THRU: Jessica Masters, Development Review Manager Jonathan Curth, Development Services Director Susan Norton, Chief of Staff FROM: Kylee Hevrdejs, Planner DATE: CITY COUNCIL MEMO 2023-1169 SUBJECT: VAC-2023-0010: Vacation (33 E. 4TH ST./BERQUIST, 523): Submitted by ALAN REID & ASSOCIATES for property located at 33 E. 4TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.19 acres. The request is to vacate a utility easement containing 0.03 acres. RECOMMENDATION: Staff recommends approval of VAC-2023-0010 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. Any damage or relocation of any existing facilities will be at the applicant's expense. 2. The western 10 feet of lot 6 must be dedicated as an easement to retain a 20 foot easement for the existing sewer line. BACKGROUND: The subject property is located in downtown Fayetteville, west of S. College Ave. The property is zoned NC, Neighborhood Conservation and contains approximately 0.19 acres. The property is currently developed with a 1,012 sq. ft. single-family home constructed in 1940. Request: The applicant proposes to vacate a portion of an existing water/sewer easement as indicated in the attached exhibits and totaling approximately 0.3 acres, or the west ten (10) feet of Lot 7. In exchange, the property owner will dedicate the west ten (10) feet of Lot 6 which is the actual location of the sewer line. DISCUSSION: The applicant submitted the required approvals with no objections, though with the added conditions as listed above. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Request Letter (#6), Petition to Vacate (#7), Survey (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 #: 2023-1169 VAC-2023-0010: Vacation (33 E. 4TH ST./BERQUIST, 523): Submitted by ALAN REID & ASSOCIATES for property located at 33 E. 4TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.19 acres. The request is to vacate a utility easement containing 0.03 acres. AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LOCATED AT 33 EAST 4TH STREET IN WARD 1 TO VACATE A 0.19 ACRE PORTION OF 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 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 utility easement 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 necessary relocation of existing facilities will be at the applicant's expense; and 2. The western 10 feet of lot 6 must be dedicated as an easement to retain a 20 foot easement for the existing sewer line. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1169 File ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2023-0010: Vacation (33 E. 4TH ST./BERQUIST, 523): Submitted by ALAN REID & ASSOCIATES for property located at 33 E. 4TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.19 acres. The request is to vacate a utility easement containing 0.03 acres. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: k is�g�}E & ASSOCIATES PROFESSIONAL L; AND SURVEYORS August 15th, 2023 City of Fayetteville Planning & Engineering 125 W. Mountain Street Fayetteville, Arkansas Re: EASEMENT VACATION REQUEST 33 E. 47H STREET, FAYETTEVILLE, AR 72701 Dear City of Fayetteville Planners/ City Council: On behalf of my client, Richard Berquist, I am submitting for your review a proposed. utility (sewer line) easement vacation. The existing easement covers the East ten (10) feet of Lot 6 and the West ten (10) feet of Lot 7, Block 3, Jennings Addition to the City of Fayetteville, Arkansas. The actual location of the sanitary sewer line is entirely within Lot 6, a twenty (20) foot wide lot. My client is asking the city to vacate the East ten (10) feet of the existing easement which resides in Lot 7. In return, he will dedicate the West ten (10) feet of Lot 6. This will enable the city to retain a full twenty (20) foot wide easement which encompasses the location of the existing sewer line. Please contact our office for any questions regarding the project. 479.444.8784 Best regards, " 1�• V A n Reid Professional Land Surveyor Alan Reid & Associates 118 S. College Avenue Fayetteville, Arkansas 72701 4794448784 arasurveying@sbcglobal.net PETITION TO VACATE A PORTION OF A CITY OF FAYETTEVILLE WATER / SEWER EASEMENT LOCATED IN A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED THREE (3) IN JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED ON THE RECORDED PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, (33 E. 4TH STREET, FAYETTEVILLE, AR 72701 / Washington County Parcel ID 765-07024-000) To: The Fayetteville City Council We, the undersigned, being all the owners of real estate abutting the easement hereinafter sought to be abandoned and vacated, located within in a part of lot numbered seven (7) in block numbered three (3) in Jennings addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows (please see attached drafted survey for a visual): SURVEY DESCRIPTION - AREA OF EXISTING TWENTY (20) FOOT WIDE UTLITY EASEMENT (WATER/SEWER) TO BE VACATED A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED THREE (3) IN JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED ON THE RECORDED PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT SEVEN (7); THENCE S87013'35"E 10.00 FEET; THENCE S02039'25"W 142.45 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT SEVEN (7); THENCE N86°35'28"W 10.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT SEVEN (7); THENCE NO2°39'25"E 142.33 FEET TO THE POINT OF BEGINNING. That no other abutting real estate is affected by said abandonment of the water / sewer easement and that the public interest and welfare would not be adversely affected by the abandonment of the above described portion of the utility easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas abandon and vacate the above described real estate, and as to that particular land the owners be free from the easements of the public for the use of said utility easement. Dated this day of /z 2023. Richard Berquist (Berquist Trust, u/d/t March 12, 2004 Printed Name Signature Dated this-7—day of l '�L 2023. Gina Berquist (Berquist Trust, u/d/t March 12, 2004 n..;-4.—.a ni,,.. — s a M z o �11 zomw � ,86'Bb M„44,94.ZOS � 3 F I I a�4 bm Imm I I I I g II ks:: �I c :a _M xQ w ems: it, wJo �� z ow r3 o¢ H ii VI � N o aMz 0O _N♦7 ilo O'no o � w� o Z. 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Qz¢Y.xoYKHWmpQoN� ¢ WOpFwmNpOo 4 wQ p MKw Z W Zlm,O I�zZ N N�.dwFzSyL mZtwa�NNZW2Hmwo�i OmziWKowoOY StiZo ¢>]W 0 =Qoz WN w Qw �M.F YOOH 'Q¢w" zOpOQ "m OJ OQwZ Nm��OK0zmomN mNx\�N¢�li003�NiUZ'wtn'pJJ \�~OOpZIzNzo�- zQw� o¢zW�� z wm� >FmorNZLLa zJo ww. ooZYzoJ o FIN �3w °n¢<-MQ OwOm 0X¢YO O/lU X¢¢U iOO WW OWr 0 U�M z00 O HWNm 2OO FZU NoJoNWoV.i. m WMr omzO OF omJ m 1i � �oa1 3w mJ ;s>mw?mzw m o >zo ¢ >a�ou � 1zrUz> > Q i O. o�oowow c ¢� z~w 3xHo ::rmI Form 0.39 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72703 Ad number #: 338879 PO #: Matter of: ORD 6695 AFFIDAVIT • STATE OFARKANSAS RECEIVE® OCT 2 3 2023 CITY OF FAYETTEVILLE CI Y CAL y OFFICE 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/BENTON county, State of ARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6695 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 $124.64. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 10122123; NWA nwaonline.com 10/22/23 Finance Director State ofARKANSAS, County of WASHINGTON, Subscribed and sworn to before me on this 23rd day of October, 2023 NOTARY PUBLIC CATHERINE STAGGS MY COMMISSION # 12402772 EXPIRES: February 28, 2025 �",74A r� �hnn Washington County 0 Ordinance: 6695 File Number: 2023-1169 VACATION-2023-0010:(33 E. 4TH ST./BEROUIST, 523): AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LO- CATED AT 33 EAST 4TH STREET IN WARD 1 TO VACATE A 0.19 ACRE PORTION OF 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 cor- porate purposes; and WHEREAS, the City Council has determined that the follow- ing described portion of utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby vacates the portion of utility easement as described in Exhibit B at- tached to the Planning Depart- ment's memo. Section 2: A copy of this Or- dinance 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 ap- proval is subject to the following conditions: 1. Any damage to or neces- sary relocation of existing facil- ities will be at the applicant's expense;and 2. The western 10 feet of lot 6 must be dedicated as an easement to retain a 20 foot easement for the existing sewer line. PASSED and APPROVED on October 17, 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: $124.64 October 22, 2023 338879 RECEIVED OCT 2 3 2023 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE vvashington County, Hn I certify this instrument was filed on 10/26/2023 03:21:21 PM and recorded in Real Estate File Number 2023-00028032 Kyle Sylvester- Circuit Clerk by