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HomeMy WebLinkAboutOrdinance 6712 IIII 0I I 0 IH Oft 010 MO 11 t tiitti1111 IfiiiiiiiiII fti 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 r�oifo cyo npmyna N-mmNZf-m o ymyN CO pO 2m y UIZZ O- W Z BIZ T. 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COLORADO DR o� m u (ASPHALT, 55' R/W) e , hMklilli�l sulljj!145�ilull 171 = w w y � n m xNW rnrnDTp � �z za rn�i=6 m rn @40+0 ®I-smorapoo®oo.x0 8 C) o Him m p rn 0 rL Cn .. g rn �$ x m_z o DOA =yA - >A OA E y O m m oc K A � ~ m m Z 'o N Z N su�A N y oAb Nm�� O Z o m m o_ m m � wDy � N AI.xAm - • • 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