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HomeMy WebLinkAboutOrdinance 6740 IIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIH I II II Doc ID: 021584740004 Type: REL Kind: ORDINANCE Recorded: 05/17/2024 at 09:45:03 AM Fee Amt: $30.00 Page 1 of 4 1lI Washington County, AR Kyle Sylvester Circuit Clerk Q Q �gwANS�,% File202'T-0001 1980 ARCH IVY: 113 West Mountain Street ` Fayetteville, AR 72701 L (479) 575-8323 Ordinance: 6740 File Number: 2(124-1874 VACATION-2024-0003: (1722 N. STARR DR./ST.JOSEPH'S CATHOLIC CHURCH,373): AN ORDINANCE TO APPROVE VAC-24-03 FOR PROPERTY LOCATED AT 1722 NORTH STARR DRIVE IN WARD 3 TO VACATE A 0.18 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 general 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. A new water line with associated easements must be permitted,constructed,and accepted by the City;and 2. Any damage to or relocation of any existing facilities will be at the applicant's expense. PASSED and APPROVED on April 16, 2024 Page 1 Ordinance: 6740 File Number: 2024-1874 Approved: Attest: ,����ururhri `�`����:�•� Tl7 ��G.�G��Y�op - 6 -U; FAYETTEVILLE : Kara Paxton, City Clerk Treasurer :k. y 'O'N,,O`,``� This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ � 2_ � . 12— Page 2 VAC-2024-0003 1722 N . STARR DR Close Up View CIR GA�AXY CHEROKEE DR Subject Property UN G P-1 FQ— U) RSF-4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ NORTH RSF-4 Residential Link Feet P-1 ~Planning Area 0 75 150 300 450 600 ! _ _ Fayetteville City Limits 1 :2,400 765-19172-000 MCDONALD, ANDREW J - BISHOP OF ROMAN CATHOLIC DIOCESE OF LR PROPOSED EASEMENT VACATION BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTIONI; THENCE NORTH 030 07' 38" EAST ALONG THE WEST LINE THEREOF, A DISTANCE OF 610.64 FEET TO THE NORTHWEST CORNER OF THAT PARTICULAR TRACT OF LAND CONVEYED BY DEED RECORD 2000-20824; THENCE SOUTH 870 16' 49" EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 127.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 870 16' 49" EAST ALONG SAID NORTH LINE, A DISTANCE OF 352.37 FEET TO THE EAST LINE OF THE 20' UTILITY EASEMENT AS DEDICATED BY PLAT 2011-00010286; THENCE ALONG THE EXTERIOR BOUNDARY OF THE EASEMENT VACATION FOR THE FOLLOWING FIVE (3) CALLS: 1) DEPARTING SAID NORTH LINE SOUTH 03° 00' 42" WEST A DISTANCE 333.09 FEET; 2) NORTH 64° 30' 08" WEST A DISTANCE OF 21.65 FEET; 3) NORTH 03° 00' 42" EAST A DISTANCE OF 304.71 FEET; 4) NORTH 87° 16' 49" WEST A DISTANCE OF 332.23 FEET; 5) NORTH 02° 37' 11" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING CONTAINING 13,225 SQUARE FEET MORE OR LESS BEING SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 16, 2024 CITY COUNCIL MEMO 2024-1874 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Kylee Cole, Planner SUBJECT: VAC-2024-0003: Vacation (1722 N. STARR DR./ST. JOSEPH'S CATHOLIC CHURCH, 373): Submitted by CRAFTON TULL for property located at 1722 N. STARR DR. in WARD 3. The property is zoned P-1, INSTITUTIONAL and contains approximately 25.3 acres. The request is to vacate 0.18 acres of general utility easements. RECOMMENDATION: Staff recommends approval of VAC-2024-0003 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. Prior to easement vacation, new water line with associated easements must be permitted, constructed, and accepted by the City. 2. Any damage or relocation of any existing facilities will be at the applicant's expense. BACKGROUND: The subject property is in east Fayetteville and contains two parcels totaling approximately 25.3 acres zoned P-1, Institutional. A property line adjustment has been approved to combine two parcels but has not yet been recorded (PLA-2024-0007). The site is currently developed with the St. Joseph's Catholic School and associated parking. In late 2023, a grading permit and associated building permit for the construction of a church in a portion of the existing parking lot was submitted. Request: The applicant proposes to vacate an existing twenty -foot -wide general utility easement on the property. This easement is required to be vacated in order to continue with an associated proposed project for a church at this property. DISCUSSION: The applicant submitted the required approvals with no objections, though with added conditions from the City and franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Request Letter (#6), Easement Petition (#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 #: 2024-1874 VAC-2024-0003: Vacation (1722 N. STARR DR./ST. JOSEPH'S CATHOLIC CHURCH, 373): Submitted by CRAFTON TULL for property located at 1722 N. STARR DR. in WARD 3. The property is zoned P-1, INSTITUTIONAL and contains approximately 25.3 acres. The request is to vacate 0.18 acres of general utility easements. AN ORDINANCE TO APPROVE VAC-24-03 FOR PROPERTY LOCATED AT 1722 NORTH STARR DRIVE IN WARD 3 TO VACATE A 0.18 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 general 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. A new water line with associated easements must be permitted, constructed, and accepted by the City; and 2. Any damage to or relocation of any existing facilities will be at the applicant's expense. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-1874 Legistar File ID 4/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/29/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2024-0003: Vacation (1722 N. STARR DR./ST. JOSEPH'S CATHOLIC CHURCH, 373): Submitted by CRAFTON TULL for property located at 1722 N. STARR DR. in WARD 3 The property is zoned P-1, INSTITUTIONAL and contains approximately 25.3 acres. The request is to vacate 0.18 acres of general utility easements. Budget Impact: Account Number Fund Project Number Project Title 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 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: �� Crafton Tull ° architecture I engineering I surveying February 8, 2024 City of Fayetteville Attn: Planning Department 113 West Mountain Street Fayetteville, AR 72701 RE: Utility Easement Vacation Saint Joseph Catholic Church CT Job #: 21303700 Planning Staff, 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 craftontull.com On behalf of our client, Roman Catholic Diocese of Little Rock, we are submitting the above referenced utility easement vacation. We are proposing to vacate a portion of the existing 20' utility easement. This existing utility easement was established per Plat 2011-00010286. Attached are an easement exhibit and easement description showing the portion of the utility easement to be abandoned. The only utility in this easement is water. In order to develop a chapel and future parish hall for Saint Joseph Catholic Church, the existing water will be capped and abandoned in place. A proposed waterline will be extended along the southern portion of the parking lot and tie into the existing waterline. The existing church's fire line is the only service fed off this existing waterline. By extending a waterline through the parking lot, this fire line will still remain active. Within the package you will find the legal description, parcel map, survey of the site, petition to vacate, and the utility department's sign off forms. We appreciate your consideration of the matter. Thank you, IIIxrwr, M/r Caroline Gardner, P.E. Project Engineer. PETITION TO VACATE 20 FOOT WIDE GENERAL UTILITY EASEMENT LOCATED WITHIN PARCEL 765-19172-020 (BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5T11 PRINCIPAL MERIDIAN), WASHINGTON COUNTY, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate containing the easements hereinafter sought to be abandoned and vacated, lying within parcel 765-19172-020, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the extent of utility easements which is described as follows: 765-19172-020 MCDONALD, ANDREW J - BISHOP OF ROMAN CATHOLIC DIOCESE OF LR PROPOSED EASEMENT VACATION: BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTIONI; THENCE NORTH 030 07' 38" EAST ALONG THE WEST LINE THEREOF, A DISTANCE OF 610.64 FEET TO THE NORTHWEST CORNER OF THAT PARTICULAR TRACT OF LAND CONVEYED BY DEED RECORD 2000-20824; THENCE SOUTH 87' 16' 49" EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 127.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87' 16' 49" EAST ALONG SAID NORTH LINE, A DISTANCE OF 352.37 FEET TO THE EAST LINE OF THE 20' UTILITY EASEMENT AS DEDICATED BY PLAT 2011-00010286; THENCE ALONG THE EXTERIOR BOUNDARY OF THE EASEMENT VACATION FOR THE FOLLOWING FIVE (3) CALLS: 1) DEPARTING SAID NORTH LINE SOUTH 03° 00' 42" WEST A DISTANCE 333.09 FEET; 2) NORTH 640 30' 08" WEST A DISTANCE OF 21.65 FEET; 3) NORTH 03° 00' 42" EAST A DISTANCE OF 304.71 FEET; 4) NORTH 87° 16' 49" WEST A DISTANCE OF 332.23 FEET; 5) NORTH 020 37' 11" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING CONTAINING 13,225 SQUARE FEET MORE OR LESS BEING SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. That the real estate affected by said abandonment of these easements are parcel 765-19172-020, 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 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 ask that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility easements and as to that particular land the owner be free from the easements of the public for the use of said real property. Dated this I *� day of ff 2024. Anthony B. Taylor A,5t5 P `� -` �} o Printed NaMe Signature Printed Name Signature EXHIBIT A �4&e GRAPHIC SCALE IN FEET 100' 0 100' r1277 PROPOSED SEDII a,EASEMENT VACATION N816'4"E CONTAINING 13,225 SQ FT clq . N8716'49"W 332,23' 9 RIGHT PER AT 0 12 M M I I 765-19172-020 w l 13 N � MCDONALD, ANDREW J-BISHOP OF ROMAN CATHOLIC DIOCESE OF L R o I I p DEED: 2000-20824 z N lyv _o UTILITY EASEMENT I M00 PER PLAT 17-12% I z Q 20' UTILITY EASEMENT z PER PLAT 2011-00010286 I POC S1/4 COR., SEC. 1 T-16-N, R-30-W THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE, SHAPE, AND LOCATION OF THE EASEMENT WHICH IT IS ATTACHED; THIS DRAWING IS NOT A PLAT OF SURVEY 20' UTILITY EASEMENT PER PLAT 2011-00010286 U.E. VACATION LINE TABLE LINE # DIRECTION LENGTH L1 N64' 30' 08"W 21.65' L2 N2' 37' WE 20.00' Forr ,1.46 NV\'4\ media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN RECEIVED FAYETTEVILLE, AR 72701 AIR 2 3 2024 Ad number#: 394992 PO#. CITY OF FAYETTEVI LE CITY CLERKS OFFICE Matter of: ORD 6740 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that 1 am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASH!NGTONBENTON 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 6740 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$123.12. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 04/21/24;NWA nwaonline.coin (1-1/21/2-1 Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 23rd day of April,2024 " - 'AG -- , CATHERINE SUGGS *M� ,s. MY COMMISSION 0 12402772 M EXPIRES:February 28, 2025 r.R-,S+W) ;%+: �` Washington County IOW NOTARY PUBLIC Ordinance:6740 File Number:2024-1874 VACATION-2024-0001(t722 N. STARR DR./ST, JOSEPH'S CATHOLIC CHURCH,373): AN ORDINANCE TO APPROVE VAC-24-03 FOR PROPERTY LO- CATED AT 1722 NORTH STARR DRIVE IN WARD 3 TO VACATE A 0.18 ACRE PORTION OF GEN- ERAL UTIUTY 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 general 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 general utility ease- ment as described in Exhibit B attached to the Planning De- partment'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 shalt be tiled in the office of the Washington County Circuit Clerk. Section 3:This vacation ap- proval is subject to the following conditions: 1.A new water line with as- sociated easements must be permitted,constructed,and ac- cepted by the City;and 2.Any damage to or reloca- tion of any existing facilities will be at The appticant's expense. PASSED and APPROVED on April 16,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk Treasurer o1 the City of Fayetteville, Arkansas. Amount Paid:6123.12 April 21,2024 394992 • • Washington County,AR I certify this instrument was filed on 05/17/2024 09:45:03 AM and recorded in Real Estate File Number 2024-00011980 Kyle Sylvester- Circuit Clerk