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Home My WebLink AboutOrdinance 6708 F AVt \ IIIIIIII1111IIIIII1111111111111IIIIIIIIIIIIIIIII 1111IIIIII1111I 111 o` �, Doc ID: 021402470003 Type: Kind: ORDINANCE FeeoAmttl $25/00/Page i2023 tof2333:58 PM iti �`' l Washington County, AR 9\:,\C ,/ Kyle Sylvester Circuit Clerk Fi1e2023-00033404 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6708 File Number: 2023-1261 VACATION-2023-0002: (2395 E.AMHERST ALY/CARRENDER, 137): AN ORDINANCE TO APPROVE VAC 23-02 FOR PROPERTY LOCATED AT 2395 EAST AMHERST ALY IN WARD 3 TO VACATE A 196 SQUARE FOOT PORTION OF AN ACCESS 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 access 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 access 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. PASSED and APPROVED on November 21,2023 Approv I : Attest: e```,�R�/t_j��it'' 9t+ .1 s ioneld Jordan, ' ay Kara Paxton,City Cl rk Treasurer ., Page 1 VAC-2023-0002 Close Up View 2395 E AMHERST ALY I EXHIBIT'A' W AL• L• EY 4399 O,a 6s Subject Property FRONTIER,ELM D woo alN J � a AMHERST ALY ALLEY 4360 z a J RIVER BIRCH DR n RPZD �G m VS_G r N Z � -ZIONRD Z RSF-4 RMF-24 �OJ NORTH Neighborhood Link Unclassified Residential -Agricultural RSF-4 Alley RMF-24 Residential Link Feet Neighborhood Services - Gen. Neighborhood Conservation ~Planning Area 0 75 150 300 450 600 Commercial, Industrial, Residential ! _ _ Fayetteville City Limits 1 :2,400 Re: Access Easement Partial Vacation Request M ISC - 2023 - 0105 Deck Addition Lot 31, Sagely Place Subdivision; Phase II Address: 2395 Amherst Alley Fayetteville, Arkansas 72703 GIS Approved 10/24/2023 LEGAL DESCRIPTION PART OF LOT 31 SAGELY PLACE SUBDIVISION PHASE III, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS, ALL SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 31; THENCE NORTH 02°22'08" EAST ALONG THE EAST LINE THEREOF A DISTANCE OF 10.44 FEET; THENCE NORTH 87°37'52" WEST DEPARTING SAID EASET LINE A DISTANCE OF 4.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°37'52" WEST A DISTANCE OF 5.97 FEET; THENCE NORTH 32°25'03" EAST A DISTANCE ` OF 1.92 FEET, THENCE NORTH 02°22'08" EAST A DISTANCE OF 36.32 FEET, THENCE SOUTH 87°16'06" EAST A DISTANCE OF 5.25 FEET, I THENCE SOUTH 02°43'54" WEST A DITANCE OF 37.95 FEET TO THE POINT OF BEIGNNING. CONTAINING 196 SQUARE FEET MORE OR LESS. (Note area in blue) EXISTING PHOTOS tl_ 1 T• • T VIEW LOOKING SOUTH VIEW LOOKING PROJECT SITE VIEW LOOKING NORTH PLAT • SAGELY PLACE SUBDIVISION, PHASE I A ii �y"mareaM + `T i Pk', 11 PROPERTY PLAT -LOT 31 � 1 1 I • o Y • 1 1 t 7- LEGAL DESCRIPTION - LOT 31, SAGELY PLACE SUBDIVISION PHASE II PARTIAL ACCESS EASEMENT VACATION REQUEST A S'-0• A— EaermenInmendy wads iI- -he carmen d the ers.rt9 > dew ik to either sAe The request IS to vacate a pvlion d 9te Current ea n*ft, III)= T-9- r 38--0- (114 egUSM ter.) b .11— for —Inca- d ero A1ek {rqw Retrc. m Dravnng Sltrat DD1A-DECK ACCESS EASEMENT EXISTING SIDEWALK C- XISTING BEES —� `.EW ,'ERGOLA — PARTIAL ACCESS EASEMENT VACATION AREA 3-0" x W-0" DECK ADDITION PROJECT NEW METAL ROUE OVER COMPOSITE DECK NEW PERGOLA — EXISTIN'! MECHUNI'ti — EXISTING ACCESS EASEMENT — 37.95 --- - ------ — s LANDSCAPE(GRASS) ---- 1;C cXISTING ROOF (f, &Amhr.mt 0 - Fayei[BVIIe, AR III _. ROOF r XI., T'Nt; CR V E A'Al 37 54' !� 1 DECK EASEMENT PLAN 1" _ 10'-0" • Washington County,AR I certify this instrument was filed on 12/29/2023 12:33:58 PM and recorded in Real Estate File Number 2023-00033404 Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner DATE: CITY COUNCIL MEMO 2023-1261 SUBJECT: VAC-2023-0002: Vacation (2395 E. AMHERST ALY/CARRENDER, 137): Submitted by DESIREE CARRENDER for property located at 2395 E AMHERST ALY. in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 0.08 acres. The request is to vacate a 196 square foot portion of an access easement. RECOMMENDATION: Staff recommends approval of VAC-2023-0002 as shown in the attached Exhibits'A' and'B.' BACKGROUND: The subject property is located south of Lake Fayetteville approximately '/z mile west of the intersection of E. Zion Rd. and N. Crossover Rd. The property is zoned RPZD, Residential Planned Zoning District, as part of the Sagely Place subdivision. A concurrent plat (CCP-2020-000007) was approved by Planning Commission on May 24, 2021, which included a 10-foot access easement along the eastern edge of Lot 31 to accommodate a 5-foot sidewalk for pedestrian access to the greenspace-facing housing on the south side of E. Amherst Aly. Request: The applicant proposes to vacate a portion of an existing access easement as indicated in the attached exhibits totaling approximately 196 square feet. This easement is required to be vacated in order to continue with an associated building permit for a deck and pergola. DISCUSSION: The applicant submitted the required approvals with no objections. The 5-foot of access easement that will remain is sufficient to cover the constructed sidewalk. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: NA 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 #: 2023-1261 VAC-2023-0002: Vacation (2395 E. AMHERST ALY/CARRENDER, 137): Submitted by DESIREE CARRENDER for property located at 2395 E AMHERST ALY. in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 0.08 acres. The request is to vacate a 196 square foot portion of an access easement. AN ORDINANCE TO APPROVE VAC 23-02 FOR PROPERTY LOCATED AT 2395 EAST AMHERST ALY IN WARD 3 TO VACATE A 196 SQUARE FOOT PORTION OF AN ACCESS 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 access 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 access 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. Page 1 City of Fayetteville Staff Review Form 2023-1261 Legistar File ID 11/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 11/3/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2023-0002: Vacation (2395 E. AMHERST ALY/CARRENDER, 137): Submitted by DESIREE CARRENDER for property located at 2395 E AMHERST ALY. in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 0.08 acres. The request is to vacate a 196 square foot portion of an access easement for a deck. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ - fi Previous Ordinance or Resolution # Approval Date: V20210527 Reviewed by: Donna Wonsower, Planner Development Services APPROVED To: Fayetteville City Council Re: Access Easement Partial Vacation Request MISC — 2023 — 0105 Deck Addition Lot 31; Sagely Place Subdivision; Phase II Address: 2395 Amherst Alley Fayetteville, Arkansas 72703 To Whom it May Concern: As outlined in the Access, Drainage, or General Utility Easement Vacation form from the City of Fayetteville Planning Dept, I am writing in regards to a new Deck Addition project (MISC-2023-0105) at 2395 Amherst Alley in Fayetteville, Arkansas. Through the initial permit submittal process, it has been brought to our attention that an Access Easement currently exists at the site of the proposed project. This letter is to support the attached drawings and documents as we request to vacate a portion of the easement and seek approval to construct the deck addition. Per discussion with Jessica Masters, Fayetteville City Planning, at her request I've communicated with the Fayetteville Department of Transportation (Terry Gulley) and he expressed no concerns with the request. I've also received approval from the Fayetteville Solid Waste Department, as outlined in the Access Easement Vacation process. Due to the current health conditions of the homeowner, having access to the raised deck from the current finish floor level of the house, in lieu of the small stoop with metal steps, the new deck addition would alleviate current access accessibility issues due to their disability. Please don't hesitate to contact me to discuss. We look forward to your response and hopefully approval for the project. Sincerely, Lance A. Weatherton (Representative for Homeowner) (479) 200-6760 lanceweatherton@yahoo.com PETITION TO VACATE A GENERAL UTILITY, SETBACK AND ACCESS EASEMENT LOCATED IN LOT 31, SAGELY PLACE SUBDIVISION, PHASE II, CITY OF FAYETTEVILLE, ARKANSAS TO: 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 in Sagely Place Subdivision, Phase II, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: PART OF LOT 31 SAGELYPLACESUBDIVISION PHASE III, ASUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTYARXANSAS, ALL SITUATED IN THE NORTHWESTQUARTER OF THESOUTHEASTQUARTER OFSECTION 24, TOWNSHIP 17 NORTH, RANGE30 WEST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINGAT THESOUTHEAST CORNER OFSAID LOT31; THENCE NORTH 02'22'08" EASTALONG THE EAST LINE THEREOFA DISTANCE OF 10.44 FEET' THENCE NORTH 87'3752" WESTOEPARTING SAID EASET LINEA DISTANCE OF4.99 FEETTO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°37'51" WESTA DISTANCE OF5.97 FEET,' THENCE NORTH 31°25'03"E45TA DISTANCE OF 1.92 FEET,' THENCE NORTH 02'22'08" EASTA DISTANCE OF36.32 FEET,THENCE SOUTH 87'16'06" EASTA DISTANCE OF5.25 FEET, THENCESOUTH 02'43'54" WESTA DITANCE OF37.95 FEETTO THE POINT OF BEGGNNING. CONTAINING 196 SQUARE FEET MORE OR LESS THUS DEFINING THEAPPROXIMATEAREA FOR PROPOSEDACCESS EASEMENT VACATION. There is no real estate abutting the abandonment of the area requested to be vacated. The said property is at the end of the subdivision abutting trees and natural vegetation. 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 access easement, 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 A�Iay of 20-0 '�wli�t U;�� 'PV\D) Fz . Printe me Signature Printed Name Signature EXISTING PHOTOS VIEW LOOKING PROJECT SITE 'LAT - SAGELY PLACE SUBDIVISION, PHASE I & II PROJECT PROPERTY PLAT - LOT 31 3 I I • I I I N I h D 19 �� I o � N 2396 I 8• �E1 U II DEDi ATED PERK T4S PLAT I II I II LEGAL DESCRIPTION: LOT 31, SAGELY PLACE SUBDIVISION, PHASE II EXISTING SIDEWALK EXISTING TREES NEW PERGOLA PARTIAL ACCESS EASEMENT VACATION AREA 3'-0" x 38'-0" DECK ADDITION PROJECT M NEW METAL ROOF OVER COMPOSITE DECK NEW PERGOLA EXISTING MECH UNITS EXISTING ACCESS EASEMENT LEGAL DESCRIPTION EASEMENT REDUCTION DESCRIPTION: PART OF LOT 31 SAGELY PLACE SUBDIVISION PHASE III, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS, ALL SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 31; THENCE NORTH 02°22'08" EAST ALONG THE EAST LINE THEREOF A DISTANCE OF 10.44 FEET; THENCE NORTH 87-37'52" WEST DEPARTING SAID EASET LINE A DISTANCE OF 4.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87"37'52" WEST A DISTANCE OF 5.97 FEET, THENCE NORTH 32'25'03" EAST A DISTANCE OF 1.92 FEET; THENCE NORTH 02-22'08" EAST A DISTANCE OF 36.32 FEET; THENCE SOUTH 87"16'06" EAST A DISTANCE OF 5.25 FEET; THENCE SOUTH 02'43'54" WEST A DITANCE OF 37.95 FEET TO THE POINT OF BEIGNNING. CONTAINING 196 SQUARE FEET MORE OR LESS. STAFF CORRECTION (Note area in blue) GIS APPROVED LEGAL DESCRIPTION OF VACATION 37.95' 4' - 0" 7' - 2" LANDSCAPE (GRASS),, 01 — — T—- ---- --- 3'-0" I_ M 00 I�- 00 't- N EXISTING ROOF CV U) co N U) 1 / LOT 31 \ I rn ri 2395 Amherst Alley Fayetteville, AR 72703 I I I I I� I I I I I 5' - 0" 1 EXISTING ROOF � I Z I cA Lu I Cn Lu Q Lu Lu � Q Lu 0 V U) 0 1 0 Q i Z Ln J EXISTING DRIVEWAY 37.54' 1 DECK EASEMENT PLAN 1if= 101-011 DECK ACCESS EASEMENT D01A VIEW LOOKING NORTH Form A 41 N\/\iAea itiddLa RECEIVED Account #: NWCL5004205 No: 27 Z023 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN C TMGEAKS" FAYETTEVILLE, AR 72703 Ad number #: 350455 PO #: Matter of. ORD 6708 AFFIDAVIT • STATE OFARKANSAS 1, Carla Gardner, do solemnly swear that I am the Finance Director of the NWA Democrat Gazette, a daily newspaper printed and published in WASH INGTON/B ENTON county, State ofARKANSAS, that 1 was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6708 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 $103.36. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 11126123; NWA nwaonline.com 11126123 i Finance Director State ofARKANSAS, County of WASHINGTON, Subscribed and sworn to before me on this 27th day of November, 2023 Ca 226 ►..'7 NOTARY PUBLIC 7�i�', -, CATHERINE STAGGS 4=11 W COMMISSION # 12402772 ''''��N��•' EXPIRES: Februaty M 2025 hnnA• Washington County Ordinance: 6708 File Number: 2023-1261 VACATION -2023-0002: (2395 E. AMHERST ALY/CARRENDER, 137(: AN ORDINANCE TO APPROVE VAC 23-02 FOR PROPERTY LO- CATED AT 2395 EAST AMHERST ALY IN WARD 3 TO VACATE A 196 SQUARE FOOT PORTION OF AN ACCESS 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 access 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 access 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. PASSED and APPROVED on November 21, 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: $103.36 Nov. 26, 2023 350455 RECEIVED NOV 2 7 2023 CITY OF FAYETVEVILL CITY CLFFWS OFFICE—