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Doc ID: 021402440004 Type: REL
Kind: ORDINANCE
Recorded: 12/29/2023 at 12:30:41 PM
'�F�i. Fee Amt: $30.00 Page 1 of 4
o` . Washington County, AR
Kyle Sylvester Circuit Clerk
cflitiIf,. ,jll,-^�F[ U1 ` FI1e2023-00033401
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6712
File Number: 2023-1285
VACATION-2023-0013: (3034 W. MICA ST./BLAGG AND BRIGGS,401):
AN ORDINANCE TO APPROVE VAC 23-13 FOR PROPERTY LOCATED AT 3034 WEST MICA STREET IN
WARD 4 TO VACATE A 153-SQUARE FOOT 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 relocation of any existing facilities will be at the property owner/developer's expense;and
2. Approval of this vacation request does not guarantee approval of any associated building permits.
PASSED and APPROVED on December 5,2023
Approv Attest: 01.:,4”1,t,;,
--P' cs.3. •-,..).:
ioneld Jordan, or �` ara Parity C Treasure FAME 1-TEVi i_LE:
Page 1 s'',,,,,.r •V•,•i1►4,.. `
11
Ordinance: 6712
File Number: 2023-1285
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount paid:
Page 2
VAC-2023-0013 1 3034 W. MICA ST
EXHIBIT 'A'
Close Up View
VASSAR-ST
-SHALE ST
=AQ' gP
v
MICA ST
CHEVAUX-DR—
R-O
CHEVAUX-DR
C-1
Unclassified
Residential Link
' Planning Area
Fayetteville City Limits
Trail (Proposed)
! Design Overlay District
Subject Property
DE
Feet
0 75 150 300 450 600
1:2,400
r�
i
J
i a
WAk
► O
AA
NORTH
RI-12
RM F-24
Residential -Office
C-1
C-2
P-1
EXHIBIT'B'
GIS Approved
11 /06/2023
...............
..........
W. MICA ST
(ASPHALT, 50' R/W)
AREA OF EXISTING UTILITY EASEMENT TO BE VACATED
A PART OF LOT NUMBERED FOUR (4), WOODBURY PLACE, TO THE
CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS PER
THE RECORDED PLAT OF SAID SUBDIVISION RECORDED IN PLAT
BOOK 12 AT PAGE 99 OF THE LAND RECORDS OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID
LOT FOUR (4), SAID POINT BEING A SET 1 /2" IRON REBAR;
THENCE NO2'50'46"E 48.81 FEET ALONG THE EAST LINE OF SAID
LOT FOUR (4) TO A POINT; THENCE LEAVING THE EAST LINE OF
SAID LOT FOUR (4), N87'09'14"W 13.47 FEET TO THE TRUE POINT
OF BEGINNING; THENCE S63'04'02"W 13.28 FEET TO A POINT ON
THE WEST LINE OF AN EXISTING TWENTY-FIVE (25) FOOT WIDE
UTILITY EASEMENT RECORDED IN BOOK 1157 AT PAGE 975 OF THE
LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE
NO2'50'46"E 26.49 FEET ALONG THE WEST LINE OF SAID
TWENTY-FIVE (25) FOOT WIDE UTILITY EASEMENT TO A POINT;
THENCE LEAVING SAID WEST LINE, S27'15'17"E 22.99 FEET TO THE
POINT OF BEGINNING, CONTAINING 152.7 SQUARE FEET, MORE OR
LESS.
Washington County,AR
I certify this instrument was filed on
12/29/2023 12:30:41 PM
and recorded in Real Estate
File Number 2023-00033401
Kyle Sylvester- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 5, 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
2023-1285
SUBJECT: VAC-2023-0013: Vacation (3034 W. MICA ST./BLAGG AND BRIGGS, 401): Submitted
by ALAN REID AND ASSOCIATES for property located at 3034 W. MICA ST. in WARD
4. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR
UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate a
portion of two general utility easements totaling 153-square feet.
RECOMMENDATION:
Staff recommends approval of VAC-2023-0013 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. AT&T has facilities within the remaining easement and shall require the remaining easement to be
retained.
3. Approval of this vacation request does not guarantee approval of any associated building permits.
BACKGROUND:
The subject property is located in west Fayetteville approximately 1/3-mile northwest of the intersection of W.
Wedington Dr. and 1-49 Interstate, and at the east end of Mica St. The property is zoned RMF-24, Residential
Multi -Family, Twenty -Four Units per Acre. The final plat of Woodbury Place, recorded in 2012, dedicated a 20-
foot general utility easement along the eastern property line of the subject property. An additional 25-foot
general utility easement overlaps the area, which was dedicated via a separate document. A two-family
dwelling was constructed on this property in 1994.
Of note, there appears to be a potential conflict with the proposed patio and deck with the required 20-foot rear
setback. Compliance with setbacks will be confirmed with the building permit and approval of a vacation does
not guarantee approval of the associated building permit.
Request: The applicant proposes to vacate a portion of both the 20-foot and 25-foot existing general utility
easements as indicated in the attached exhibits totaling approximately 152.7 square feet. These easements
are required to be vacated in order to continue with an associated building permit for a deck and patio.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
The applicant submitted the required approvals with no objections. 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 #: 2023-1285
VAC-2023-0013: Vacation (3034 W. MICA STJBLAGG AND BRIGGS, 401): Submitted by
ALAN REID AND ASSOCIATES for property located at 3034 W. MICA ST. in WARD 4. The
property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER
ACRE and contains approximately 0.33 acres. The request is to vacate a portion of two general
utility easements totaling 153-square feet.
AN ORDINANCE TO APPROVE VAC 23-13 FOR PROPERTY LOCATED AT 3034 WEST MICA
STREET IN WARD 4 TO VACATE A 153-SQUARE FOOT 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 relocation of any existing facilities will be at the property owner/developer's
expense; and
2. Approval of this vacation request does not guarantee approval of any associated building
permits.
Page 1
City of Fayetteville Staff Review Form
2023-1285
Legistar File ID
12/5/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth
DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
11/17/2023
VAC-2023-0013: Vacation (3034 W. MICA ST./BLAGG AND BRIGGS, 401): Submitted by ALAN REID AND ASSOCIATES
for property located at 3034 W. MICA ST. in WARD 4. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY,
TWENTY-FOUR UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate a portion of two
general utility easements totaling approximately 153-square feet.
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:
Original Contract Number:
Comments:
Approval Date:
Alan Re
SOLI S
PROFESSIONAL
LAND
SURVEYORS
BOUNDARY
October 24th, 2023
OPO
GPS
City of Fayetteville
Planning & Engineering
125 W. Mountain Street
Fayetteville, Arkansas
Re: Easement Vacation Request — VAC-2023-0013
Amended Request 10.24.2023 as per City of Fayetteville Planner Instruction
3034 & 3036 W. Mica Street, Fayetteville, AR 72704
Parcel # 765-18586-000 / ARA job 23201 / Lot 4, Woodbury Place
Dear City of Fayetteville Planners/ City Council:
On behalf of my client, James Bradley Blagg, I am submitting for your review a proposed utility easement (u.e.)
vacation for property located at address: 3034 & 3036 W. Mica Street, Fayetteville, AR.
Please see the attached drafted survey drawing (ARA job #23201, revision date 10/24/2023) and corresponding
survey descriptions which articulates the area which the u.e. vacation is requested for.
Initially, the utility easement vacation request was only for vacation of a portion of a 20' u.e. shown on the final
plat of Woodbury Place (file no. 12-99), approved by the City in 1992. Since the time of initial u.e. vacation
request submittal (10.02.2023), City of Fayetteville Planning staff and Fayetteville GIS has informed our office that
a previous 25' utility easement recorded at Book 1157, Page 975 (not shown ono the final plat of Woodbury Place),
also needs to be shown and included in the u.e. vacation request. Note, this 25' u.e. overlaps the 20' u.e. shown
on the final plat of Woodbury Place (file #12-99). Both easements are now shown on the drafted survey. This
revised letter of request and revised survey aims to provide updated information requested. All utility providers
have been contacted and have no objection to the vacation of the encroachments shown on the survey with either
of the above stated easements.
Please contact our office with any questions regarding the project.
479.444.8784
Best regards,
r 'Q
A �1, d
Professional Land Surveyor
Alan Reid & Associates
118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 1 888 549 8784 Fax 479 444 0964
PETITION TO VACATE A PORTION OF AN EXISTING 20 FOOT WIDE UTILITY EASEMENT. LYING IMMEDIATELY
ADJACENT TO AND WEST OF THE EAST BOUNDARY OF LOT NUMBERED FOUR (4), WOODBURY PLACE, TO THE CITY
OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS PER THE RECORDED PLAT OF SAID SUBDIVISION
RECORDED IN PLAT BOOK 12 AT PAGE 99 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS.
(ADDRESS: 3034 & 3036 W. MICA STREET., FAYETTEVILLE, ARKANSAS 72704 / WASHINGTON COUNTY PARCEL ID
#765-18586.000
NOTE IN ADDITION TO THE 20 FOOT WIDE UTILITY EASEMENT REFERENCED ABOVE CITY OF FAYETTEVILLE
DEVELOPMENT SERVICES AND GIS DEPARTMENT ALSO NOTED THAT A PORTION OF A 25 FOOT WIDE UTILITY
EASEMENT DESCRIBED IN BOOK 1157, PAGE 975 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS
ALSO BE VACATED.
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 Lot 4, Woodbury Place to the City of Fayetteville, Washington County Arkansas, 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):
AREA OF EXISTING UTILITY EASEMENT TO BE VACATED
A PART OF LOT NUMBERED FOUR (4), WOODBURY PLACE, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,
AS PER THE RECORDED PLAT OF SAID SUBDIVISION RECORDED IN PLAT BOOK 12 AT PAGE 99 OF THE LAND RECORDS OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT FOUR (4), SAID POINT BEING A SET 1/2" IRON REBAR; THENCE NO2°50'46"E 48.81 FEET
ALONG THE EAST LINE OF SAID LOT FOUR (4) TO A POINT; THENCE LEAVING THE EAST LINE OF SAID LOT FOUR (4), N87°09'14"W
13.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE S63°04'02"W 13.28 FEET TO A POINT ON THE WEST LINE OF AN
EXISTING TWENTY-FIVE (25) FOOT WIDE UTILITY EASEMENT RECORDED IN BOOK 1157 AT PAGE 975 OF THE LAND RECORDS OF
WASHINGTON COUNTY, ARKANSAS; THENCE NO2°50'46"E 26.49 FEET ALONG THE WEST LINE OF SAID TWENTY-FIVE (25) FOOT
WIDE UTILITY EASEMENT TO A POINT; THENCE LEAVING SAID WEST LINE, S27°15'17"E 22.99 FEET TO THE POINT OF BEGINNING,
CONTAINING 152.7 SQUARE FEET, MORE OR LESS.
That no other abutting real estate is affected by said abandonment of the utility 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 ( JZ� 2023.
James Bradley Blagg
Printed me
nature
Dated this 2day of (0 2023.
Holly S. Biggs
Printed Name
Signature
Dated this 27 day of / 1) 2023.
Alex Heath Blagg
Printed Name
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• • Form v1.41
NW4\
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72703
Ad number#: 355308
PO #:
Matter of: ORD 6712
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/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 6712
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 12/10/23;NWA nwaonline.com 12/10/23
daA—a,
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 12th day of December,2023
.,;'•;, CATHERINE STAGGS
,t MY COMMISSION#12402772
-/��((]}�.Q�/.-��) EXPIRES:February 28, 2025
C_-6U"r. '.,4►,Q '-?„",,, ',' Washington Ccunty
NOTARY PUBLIC
• •
Ordinance:6712
File Number: 2023-1285
VACATION-2023-0013:(3034
W. MICA ST./BLAGG AND
BRIGGS,401):
AN ORDINANCE TO APPROVE
VAC 23-13 FOR PROPERTY LO-
CATED AT 3034 WEST MICA
STREET IN WARD 4 TO VACATE
A 153-SQUARE FOOT 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 Coun-
cil 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 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 any existing facilities will
be at the property owner/devel-
oper's expense;and
2.Approval of this vacation
request does not guarantee ap-
proval of any associated build-
ing permits.
PASSED and APPROVED on
December 5,2023
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
Dec.10,2023 355308