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Home My WebLink AboutOrdinance 6767 III1111III111IIl IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111UIIIIIIIIII! Doc ID: 021678920003 Type: REL o4vnYtir\ Kind: ORDINANCE FeeoAded $25/00/2024 Pape ito02308:29 PM Washington County, AR _, I�: ij J Kyle Sylvester Circuit Clerk ", 4—OOO18340 \ / Fi1e202 �''.t,NSam 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6767 File Number: 2024-215 VACATION-2024-0004: (4861 N. MAPLE GROVE DR./MONTGOMERY,061): AN ORDINANCE TO APPROVE VAC-24-04 FOR PROPERTY LOCATED AT 4861 NORTH MAPLE GROVE DRIVE IN WARD 3 TO VACATE A 312 SQUARE FOOT PORTION OF GENERAL UTILITY EASEMENT WHEREAS,the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes;and WHEREAS, the City Council has determined that the following described portion of general utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of general utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that any damage to or relocation of any existing facilities will be at the applicant's expense. PASSED and APPROVED on July 2,2024 oillitliiiApprov:`�: Attest: 0 ti,I TRE�",, r- • -c.)• pYETTEV11Li ' ioneld Jordan, ,ayor ara Paxton,City Cl k Treasurer ��:•y c Q`,3;2. 'e9 • 'QKAN' ••J.$ This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ ii 5, 6 2.. Page 1 RSF-4 BREAKSTONE DR GE O R G E A N D E R S O N R D CORONA DR MAPLE GROVE DR BLUE STONE DR EMBRY DR PA S C O D R EARLY W I N E D R LEXUS DR Unclassified Residential Link Planning Area Fayetteville City Limits RSF-4 Close Up View VAC-2024-0004 4861 N. MAPLE GROVE DR N 0 150 300 450 60075 Feet Subject Property 1:2,400 VAC-2024-0004 Exhibit 'A' VAC-2024-0004 Exhibit ‘B’ UTILITY EASEMENT VACATION DESCRIPTION: A PART OF LOT 112, COPPER CREEK SUBDIVISION, PHASE III, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN IN PLAT BOOK 23 AT PAGE 247 OF THE WASHINGTON COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 112; THENCE ALONG THE SOUTH LINE OF SAID LOT 112, S87°28’05”E A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE, N02°31’55”E A DISTANCE OF 77.88 FEET TO A POINT ON THE SOUTHERLY LINE OF A 20 FOOT UTILITY EASEMENT PER BOOK 23 AT PAGE 247; THENCE ALONG SAID SOUTHERLY LINE, S87°28’05”E A DISTANCE OF 4.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE, S02°31’55”W A DISTANCE OF 77.88 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 112; THENCE ALONG SAID SOUTH LINE, N87°28’05”W A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES (312 SQUARE FEET), MORE OR LESS. � Washington County, AR | certify this instrument was filed on 07/22/2024 02:08:29 PM and recorded in Real Estate File Number 2O24'0001834O Kyle Gylwester' Circuit Clerk Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-215 MEETING OF JULY 2, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jessica Masters, Development Review Manager Jonathan Curth, Development Services Director FROM: Donna Wonsower, Planner SUBJECT: VAC-2024-0004: Vacation (4861 N. MAPLE GROVE DR./MONTGOMERY, 061): Submitted by BRUCE MONTGOMERY. for property located at 4861 N. MAPLE GROVE DR. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate 0.01 acres of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2024-0004 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 0.30-acre subject property is in north Fayetteville at the southwest corner of the N. Maple Grove Dr. and E. Blue Stone Dr. intersection. A 2,884 square foot single family dwelling was constructed in 2010 per the Washington County Assessor. No overlay districts or natural features apply to the subject property. Request: The applicant proposes to vacate a 4’x77.88’ portion of an existing general utility easement parallel to the western property line for the construction of an in-ground pool. The vacation totals approximately 312 square feet or 0.01 acres. An existing gas main is located in the 6-foot portion of the easement adjacent to the western property line and is designated to remain; Black Hills had no comments nor objections to the proposed vacation. DISCUSSION: The applicant submitted the required approvals with no 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. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate (#7), Survey (#8) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-215 VAC-2024-0004: Vacation (4861 N. MAPLE GROVE DR./MONTGOMERY, 061): Submitted by BRUCE MONTGOMERY. for property located at 4861 N. MAPLE GROVE DR. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate 0.01 acres of a general utility easement. AN ORDINANCE TO APPROVE VAC-24-04 FOR PROPERTY LOCATED AT 4861 NORTH MAPLE GROVE DRIVE IN WARD 3 TO VACATE A 312 SQUARE FOOT 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 condition that any damage to or relocation of any existing facilities will be at the applicant’s expense. 6/14/2024 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2024-215 Item ID 7/2/2024 City Council Meeting Date - Agenda Item Only VAC-2024-0004: Vacation (4861 N. MAPLE GROVE DR./MONTGOMERY, 061): Submitted by BRUCE MONTGOMERY. for property located at 4861 N. MAPLE GROVE DR. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate 0.01 acres of a general utility easement. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: To: City of Fayetteville, Arkansas Resident: Bruce Montgomery Address: 4861 Maple Grove Dr. Fayetteville, AR 72764 Plot: Copper Creek Subdivision – Lot #112 Subject: General Utility Partial Easement VACATION My request for a partial utility easement vacation to accommodate the installation of an in-ground swimming pool in our backyard. This request is asking for a vacation of only four (4) feet of the established ten (10) feet of the current easement. The installed swimming pool will be 18’X32’ rectangle shaped pool. The pool water edge will be he required six (6) feet from the rear of our house, extending 18’ wide. The rectangle shape is selected due to the short width of our backyard and without the approved four feet vacation the easement of would leave our pool at a narrow 14 feet wide that we feel would be too narrow. After the utilities have done their survey, we have discovered that only AT&T has a wire in place, and we have made the request that this be moved, which will cost $1500.00. The existing Gas line from the extends to our house will need to be moved by our pool contactor (Countryside Pools) who has already taken this cost into consideration. No other utilities are in our easement. (See attached letters from utilities) It is our hope that our request to vacate 4’ of our easement be approved. Respectfully Submitted Bruce Montgomery Resident Owner: 4861 Maple Grove Dr. Fayetteville, AR 72764 Reviewed by: Donna Wonsower, Planner Development Services APPROVED PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN (lot 112, block -4861 Maple Grove, subdivision- Copper Creek), CITY OF FAYETTEVILLE, ARKANSAS 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, block, subdivision), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: (Utility Easement for 4861 Maple Grove Drive, Fayetteville, Arkansas 72764 - A PART OF LOT 112, COPPER CREEK SUBDIVISION, PHASE III, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN IN PLAT BOOK 23 AT PAGE 247 OF THE WASHINGTON COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 112; THENCE ALONG THE SOUTH LINE OF SAID LOT 112, EAST A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE, NORTH A DISTANCE OF 77.88 FEET TO A POINT ON THE SOUTHERLY LINE OF A 20 FOOT UTILITY EASEMENT PER BOOK 23 AT PAGE 247; THENCE ALONG SAID SOUTHERLY LINE, EAST A DISTANCE OF 4.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH A DISTANCE OF 77.88 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 112; THENCE ALONG SAID SOUTH LINE, WEST A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES (312 SQUARE FEET)) That the abutting real estate affected by said abandonment of the alley are (lot 112, block-4861 Maple Grove, subdivision- Copper Creek of each adjoining lot to the area requested to be vacated) 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 10th day of February ________, 2024___. Printed Name Signature Bruce Montgomery ______________________ Printed Name Signature__Nadzija Montgomery___________________ Form v1 52 • RECVED Account NWCL5004205 Company: CITY OF FAYE JUL 0A 9 2024 113 W MOUNTAINTTEVILLE-CLERKS OFFI CITY OF FAYEfTEVILLEEI FAYETTEVILLE,AR 72701 CITY CLERK'S OFFICE Ad number#: 418119 PO#: Matter #:of: ORD 6767 AFFIDAVIT•STATE OFARKANSAS 1 Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State ofARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6767 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$115.52. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 07/07/24;NWA nwaonline.com 07/07/24 Wir;-----7'ih/17e / n NF''9 O•�ti�.22-2p3�'F�.. Legal Clerk OTAR y 9,�:.•0: N:4 - State of ARKANSAS.County of Sebastian V B - z r Subscribed and sworn to before me on this 8th day of July, '.�7..e•P,M 2��,6 Q�� iigN•COUN��,P . q/1111111111110' ARY PUBLIC Ordinance:6767 File Number: 2024-215 VACATION-2024-0004:(4861 N.MAPLE GROVE DR./MONT- GOMERY,061): AN ORDINANCE TO APPROVE VAC-24-04 FOR PROPERTY LO- CATED AT 4861 NORTH MAPLE GROVE DRIVE IN WARD 3 TO VA- CATE A 312 SOUARE FOOT 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 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 RY 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 shall be tiled in the office of the Washington County Circuit Clerk. Section 3:This vacation ap- proval is subject to the condition that any damage to or relocation will be of any existing facilities at the applicant's expense. PASSED and APPROVED on July 2,2024 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:$115.52 July 7,2024 418119