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