HomeMy WebLinkAboutOrdinance 6728 IIIIIIM 11 1OIIIOIIII0IIIIIIIIII III IIIHIIIHIIIOIII0IIIIIII Doc ID: 021516780004 Type: REL Kind: ORDINANCE / t. E \ ReFecoe Amtd:$30.01/2024 0 Pape itof1:03:39 AM � ro'''ti Washington County, AR ` ,— 1 Kyle Sylvester Circuit ClerkF- 0 :_y File2024-00007455 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6728 File Number: 2024-1781 VACATION-2023-0014: (490 W. WILLOUGHBY RD/TERMINELLA,718): AN ORDINANCE TO APPROVE VAC-2023-14 FOR PROPERTY LOCATED AT 490 WEST WILLOUGHBY ROAD IN WARD 1 TO VACATE A 0.08 ACRE PORTION OF GENERAL 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 general 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. Any private utilities within the vacated easement are not the responsibility of the City of Fayetteville. PASSED and APPROVED on March 19,2024 Page 1 Ordinance: 6728 File Number: 2024-1781 Approved: Attest: ` 0"111 I IT 1111f� `�����K �.. REgS,�i�i Y op _�� FAYETTE_VILLi.; Kara Paxton, City Clerk Treasurer ' �NG TON \� 1IIII llllll%%%% This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $121 . t9� Page 2 VAC-2023-0014 490 W WILLOUGHBY RD Close Up View Approximate Vacation Boundary fal Neighborhood Link Undassified Hillside -Hilltop Overlay District Planning Area _ Fayetteville City Limits RSF-4 Subject Property WILLOUGHBY RD Feet 0 75 150 300 450 600 1:2,400 VAC-2023-0014 EXHIBIT 'A' ,J& NORTH Residential -Agricultural RSF4 1-1 Heavy Commercial and Light Industrial �rJ Ai 1-8 J W �� Engineers • Surveyors 7230 S Pleasant Ridge Dr 1 Fayetteville, AR 72704 PH: (479) 442-9350 I batesnwa.com VAC-2023-0014 EXHIBIT `B' RE: LEGAL DESCRIPTION FOR PROPOSED PORTION OF UTILITY EASEMENT VACATION FOR 490 W. WILLOUGHBY ROAD PORTION OF UTILITY EASEMENT VACATION: A PART OF LOT 16 OF MILLER ADDITION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S03004'04"W 205.36' AND S89006'42"E 10.01' FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 16 AND RUNNING THENCE S89006'42"E 15.01', THENCE S03°04'04"W 240.28' TO THE NORTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY #156, THENCE ALONG SAID RIGHT-OF- WAY N70047'03"W 6.27TO AN EXISTING REBAR, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S86038'56"W 9.04', THENCE LEAVING SAID RIGHT-OF-WAY N03004'04"E 238.98' TO THE POINT OF BEGINNING, CONTAINING 0.08 ACRES, MORE OR LESS. Washington County. AR | certify this instrument was filed on 04/01/2024 11:03:38AM and recorded in Real Estate File Number 2O24'0O0O7456 | Kyle Sylvester Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 19, 2024 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 CITY COUNCIL MEMO 2024-1781 SUBJECT: VAC-2023-0014: Vacation (490 W. WILLOUGHBY RD/TERMINELLA, 718): Submitted by FRANK TERMINELLA for property located at 490 W. WILLOUGHBY RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.14 acres. The request is to vacate 0.08 acres of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2023-0014 as shown in the attached Exhibits 'A' and 'B', and with the following conditions of approval: 1. Any damage or relocation of any existing facilities will be at the applicant's expense. BACKGROUND: The subject property is located in south Fayetteville on W. Willoughby Rd., approximately '/z mile north of Drake Field. The property contains approximately 1.14 acres and is currently zoned RSF-4, Residential Single - Family, Four Units per Acre. The property has already been developed with a 2,470 square foot single-family residence and a 925 square foot garage. Conditional use approval was granted for the subject property to allow an accessory structure to be erected exceeding 50% the size of the principal structure in October 2023. During the conditional use permit review, staff discovered a roughly 625 square foot carport that appears to have been added to the west side of the existing home between 2021-2022 based on aerial imagery; however, a building permit was not received for this work prior to construction and it encroaches into a general utility easement. A building permit was submitted in late 2023 to bring the carport into compliance. Request: The applicant proposes to vacate a roughly 15' x 240' portion of an existing general utility easement generally aligning with the western parcel boundary. These easements are required to be vacated in order to bring the existing garage and carport expansion constructed within these easements into compliance. DISCUSSION: The applicant submitted the required approvals with no franchise utility objections, though with added conditions from franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff recommends approval. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 #: 2024-1781 VAC-2023-0014: Vacation (490 W. WILLOUGHBY RD/TERMINELLA, 718): Submitted by FRANK TERMINELLA for property located at 490 W. WILLOUGHBY RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.14 acres. The request is to vacate 0.08 acres of a general utility easement. AN ORDINANCE TO APPROVE VAC-2023-14 FOR PROPERTY LOCATED AT 490 WEST WILLOUGHBY ROAD IN WARD I TO VACATE A 0.08 ACRE PORTION OF GENERAL 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 general 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. Any private utilities within the vacated easement are not the responsibility of the City of Fayetteville. Page 1 City of Fayetteville Staff Review Form 2024-1781 Legistar File ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/1/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2023-0014: Vacation (490 W. WILLOUGHBY RD/TERMINELLA, 718):Submitted by FRANK TERMINELLA for property located at 490 W. WILLOUGHBY RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 1.14 acres. The request is to vacate 0.08 acres of a general utility easement. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 Planning commission and city council, Concerning the easement vacation required for permit MISC-2023-0228. I am in need of partial vacate of an unused portion of existing general utilities easement in order to move forward with my permit for an existing structure that was mistakenly built without permit. I have acquired the sign offs of the affected utility companies, and they are attached in this application. The overhead line has been adjusted per AEPs requirements. Work was performed on 12-14-2023. The pole was moved approximately 30 feet to the North and 10 feet to the West. The lines were raised 10 feet above elevation of previous pole. (Revised 01-24-2024) Thank you for yourtime and consideration. Frank Terminella PART OF LOT 16 OF MILLER ADDITION, TO THE CITY OF FAYETTEVILLE, RKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE RCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, RKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-W1T: GINNING AT A POINT WHICH IS S03'04'04"W 205.36' AND S89'06'42"E 10.01' FROM 4 EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 16 AND JNNING THENCE S89*W42"E 15.01', THENCE S03°04'04"W 240.28' TO THE NORTH GHT-OF-WAY OF ARKANSAS HIGHWAY #156, THENCE ALONG SAID RIGHT-OFWAY 70°4T03"W 6.2T TO AN EXISTING REBAR, THENCE CONTINUING ALONG %ID RIGHT-OF-WAY S86°3B'56"W 9.04', THENCE LEAVING SAID RIGHT-OF-WAY )3°04'04"E 238.98' TO THE POINT OF BEGINNING, CONTAINING 0.08 ACRES, MORE R LESS. PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN lot 16, tract 2, miller CITY OF FAYETTEVILLE, ARKANSAS subdivision 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 16, tract 2, miller subdivision Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: That the abutting real estate affected b said abandonment of the alley are NA/ , N/A, 3 3 -16 - 3 0 FAYETTEVILLE OUTLOTS City of Fayetteville used by the public for a period of many years, and that 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. 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 26 day of October 2023 Frank Terminella Printed Name Signature Frank Terminella Printed Name Signature EASEMENT VACATION EXHIBIT I -R — r PM I • ---� i�I7r1 •7y. - I �--i--1 � — 1� I =1 E Iw• —� - .1• � I TRACT 1+FER Ig14KN1 I 1 I Y)T • ►ART I •IIE i I ♦ r�l I • I E:rlro I 11 r tp• E I I I I I I I oR I I I I ,Ilul � i I I I I I I � I I J r ;i ly I I� If Ih U©. I I I i rRACT 7InA7R:IJMN1 I I I 1.14 ACN6% •1' I 1 � �ffigR EIL '. I � I I I I • / � I I o' •o' eo' ' J ) PM I I nw r ♦ IE bP `---- _Ii AT � � I I w • • aua�a•• +o u a w r.1lt�ml Ywm 1°'A*utr.FEritir �� K INIIY MAP r lI i 1 1 Ilw - -■I1 �v I • •Ir � 1 � F � 1 1 1 r A r 1 1 Y l 1 Form v1.45 NV\ REC EIVED CEIVED riled la LIAR 2 6 2024 I - JF FAYETTEVILLE Account#: NWCL5004205 ITY CLEWS OFFICE Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 386902 PO#: Matter of: ord 6728 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 6728 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$127.68. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 03/24/24;NWA nwaonline.com 03/24/24 dax_a_ Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 26th day of March,2024 Ai„ ` � ..��?< CATHERINE STAGGS '.(mrp, .1 MY COMMISSION M 12402772 CQ ]2'l . . . EXPIRES:February 28, 2025 � ''. Washington County NOTARY PUBLIC Ordinance:6728 File Number: 2024-1781 VACATION-2023-0014: (490 W. WILLOUGHBY RD/TER- MINELLA,718): AN ORDINANCE TO APPROVE VAC-2023-14 FOR PROPERTY LOCATED AT 490 WEST WILLOUGHBY ROAD IN WARD I TO VACATE A 0.08 ACRE POR- TION OF GENERAL UTILITY EASEMENT WHEREAS,the City Council has the authority under A.C.A.§ 14-54-104 to vacate public grounds or portions thereat 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 general utility easement as described in Ex- hibit B attached to the Planning Department'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 reloca- tion of any existing facilities will be at the property owner/devel- oper's expense;and 2.Any private utilities within the vacated easement are not the responsibility of the City of Fayetteville. PASSED and APPROVED on March 19,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton,City Clerk Treas- urer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$127.68 March 24,2024 386902