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Home My WebLink AboutOrdinance 6768 1 iiiiii111111 iii hill 101111 hill 1IIII iiiii hill hill hill PI iN Doc ID: 021678930003 Type: REL Kind: ORDINANCE FFYE;,, Recorded: 07/22/2024 at 02:08:50 PM o F\ Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle nSylvester Circuit Clerk ( 1171wu File2024"00018341 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6768 File Number: 2024-214 VACATION-2024-0013: (653 W.15TH ST./WASHINGTON COUNTY PARTNERS LLC,600): AN ORDINANCE TO APPROVE VAC-24-13 FOR PROPERTY LOCATED AT 653 WEST 15TH STREET IN WARD 1 TO VACATE A 0.09 ACRE PORTION OF SEWER 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 sewer 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 sewer 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 utility relocation associated with this easement vacation must be approved and completed as required by the City of Fayetteville. PASSED and APPROVED on July 2,2024 owilitt tit,/ Approv Attest: ��y,•1••• RE,gsi,, • ▪ � lice ▪°7.4 �FAYETTEVILLr : _ ioneld Jordan, y Kara Paxton,City Cler c Treasurer �z••. 9 P' RKAkAc • This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ ( f 1, D L-- Page 1 VAC-2024-0013 Close Up View L ,.9�eli RFC 653 W. 15TH ST s 1 Subject Property Regional Link - High Activity Residential Link Feet r _ Planning Area Fayetteville City Limits 0 75 150 300 450 600 - - - Trail (Proposed) 1:2,400 z z z z 0 VAC-2024-0013 EXHIBIT 'A' 1-1 NORTH RMF-24 r 1-1 Heavy Commercial and Light Industrial W C-2 Community Services VAC-2024-0013 EXHIBIT 'B' 20' Sewer Easement Vacation Description: Vacation of a portion of a 20.00 feet wide Sewer Easement in part of Lot 1, The Sanctuary Addition - Lots 1 & 2 (File #024A-513), City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at a found 5/8" rebar (PLS #1441) at the NW corner of said Lot 1; Thence S 02°44'33" W along the Westerly line of said Lot 1, a distance of 32.00 feet; Thence S 86°41'12" E, a distance of 110.89 feet to a point on the Southerly line of afore said 20.00 feet wide Sewer Easement and the Point of Beginning; Thence continuing S 86'41'12" E, a distance of 41.69 feet to the Northerly line of said 20.00 feet wide Sewer Easement; Thence S 58°01'02" E along the Northerly line of said 20.00 feet wide Sewer Easement, a distance of 173.63 feet; Thence S 02°43'25" W, a distance of 22.92 feet to the Southerly line of said 20.00 feet wide Sewer Easement; Thence N 58°01'02" W along the Southerly line of said 20.00 feet wide Sewer Easement, a distance of 221.41 feet to the Point of Beginning, containing 0.09 Acres more or less. Washington County, AR I certify this instrument was filed on 07/22/2024 02:08:50 PM and recorded in Real Estate File Number 2024-00018341 Kyle Sylvester- Circuit Clerk by _ <:: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 2, 2024 CITY COUNCIL MEMO 2024-214 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner SUBJECT: VAC-2024-0013: Vacation (653 W. 15TH ST./WASHINGTON COUNTY PARTNERS LLC, 600): Submitted by DEVELOPMENT CONSULTANTS INC for property located at 653 W. 15TH ST. in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains approximately 3.16 acres. The request is to vacate 0.09 acres of sewer easement. RECOMMENDATION: Staff recommends approval of VAC-2024-0013 as shown in the attached Exhibits'A' and 'B' and with the following condition of approval: 1. Any utility relocation associated with this easement vacation must be approved and completed as required by the City of Fayetteville. BACKGROUND: The subject property is located on the south side of 15th Street about a quarter of a mile west of the street's intersection with School Avenue. The property includes one parcel totaling 3.16 acres which is currently undeveloped and zoned CS, Community Services. A large site improvement plan, which would allow the property to be developed with a 152-unit multi -family residential development, was approved by staff in January 2024 (LSIP-2023-0003). Request: The applicant is requesting to vacate 0.09 acres of an existing sewer easement which runs diagonally across the north side of the property. The applicant has indicated that this vacation is necessary since the sewer main in the easement is being abandoned and rerouted. A new sewer main and manholes have been constructed and a new sewer easement is being dedicated to replace the portion of the easement that they are requesting to vacate. DISCUSSION: The applicant submitted the required approvals with no objections, though the City's Water and Sewer Division has requested that a condition be added as shown in staff's recommendation 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), 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 #: 2024-214 VAC-2024-0013: Vacation (653 W. 15TH ST./WASHINGTON COUNTY PARTNERS LLC, 600): Submitted by DEVELOPMENT CONSULTANTS INC for property located at 653 W. 15TH ST. in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains approximately 3.16 acres. The request is to vacate 0.09 acres of sewer easement. AN ORDINANCE TO APPROVE VAC-24-13 FOR PROPERTY LOCATED AT 653 WEST 15TH STREET IN WARD 1 TO VACATE A 0.09 ACRE PORTION OF SEWER 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 sewer 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 sewer 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 utility relocation associated with this easement vacation must be approved and completed as required by the City of Fayetteville. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-214 Item ID 7/2/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/14/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2024-0013: Vacation (653 W. 15TH ST./WASHINGTON COUNTY PARTNERS LLC, 600): Submitted by DEVELOPMENT CONSULTANTS INC for property located at 653 W. 15TH ST. in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains approximately 3.16 acres. The request is to vacate 0.09 acres of sewer easement. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Written request to accompany the Sewer Easement Vacation located in part of Lot 1 of The Sanctuary Addition Lots 1 & 2, City of Fayetteville, Arkansas. Landowner: "Washington County Partners, LLC" To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the landowners, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to vacate and abandon a portion of a 20' Sewer Easement in the area described below: Vacation of a portion of a 20.00 feet wide Sewer Easement in part of Lot 1, The Sanctuary Addition - Lots 1 & 2 (File #024A-513), City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at a found 5/8" rebar (PLS #1441) at the NW corner of said Lot 1; Thence S 02°44'33" W along the Westerly line of said Lot 1, a distance of 32.00 feet; Thence S 86°41'12" E, a distance of 110.89 feet to a point on the Southerly line of afore said 20.00 feet wide Sewer Easement and the Point of Beginning; Thence continuing S 86°41'12" E, a distance of 41.69 feet to the Northerly line of said 20.00 feet wide Sewer Easement; Thence S 58'01'02" E along the Northerly line of said 20.00 feet wide Sewer Easement, a distance of 173.63 feet; Thence S 02°43'25" W, a distance of 22.92 feet to the Southerly line of said 20.00 feet wide Sewer Easement; Thence N 58'01'02" W along the Southerly line of said 20.00 feet wide Sewer Easement, a distance of 221.41 feet to the Point of Beginning, containing 0.09 Acres more or less. Washington County Partners, LLC is the only abutting landowner to the 20' wide Sewer Easement sought to be vacated and abandoned. By granting this vacation request, the current owners would benefit, and no other landowner would be adversely affected. A new sewer main and manholes have been constructed to re-route the sewer and a new sewer easement is being dedicated to replace the portion sought to be vacated. The public interest and welfare would not be adversely affected by granting this vacation request. Allen Jay Young", Deve pment nsultants, Inc. PETITION TO VACATE AND ABANDON A PORTION OF A 20' WIDE UTILITY EASEMENT LOCATED IN LOT I OF THE SANCTUARY ADDITION LOTS I & 2, IN THE 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 portion of 20' wide Sewer Easement hereinafter sought to be abandoned/vacated, lying in part of Lot 1 of THE SANCTUARY ADDITION — LOTS I & 2, in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the portion of 20' wide Sewer Easement which is described as follows: Vacation of a portion of a 20.00 feet wide Sewer Easement in part of Lot 1, The Sanctuary Addition - Lots l & 2 (File #024A-513), City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at a found 5/8" rebar (PLS # 1441) at the NW corner of said Lot l; Thence S 02°44'33" W along the Westerly line of said Lot 1, a distance of 32.00 feet; Thence S 86141'] 2" E, a distance of 110.89 feet to a point on the Southerly line of afore said 20.00 feet wide Sewer Easement and the Point of Beginning; Thence continuing S 86*41' l2" E, a distance of 41.69 feet to the Northerly line of said 20.00 feet wide Sewer Easement; Thence S 58*01'02" E along the Northerly line of said 20.00 feet wide Sewer Easement, a distance of 173.63 feet: Thence S 02°43'25" W. a distance of 22.92 feet to the Southerly line of said 20.00 feet wide Sewer Easement; Thence N 58°01*02" W along the Southerly line of said 20.00 feet wide Sewer Easement, a distance of 221.41 feet to the Point of Beginning, containing 0.09 Acres more or less. Washington County Partners, LLC is the only abutting landowner to the 20' wide Sewer Easement sought to be vacated and abandoned. By granting this vacation request, the current owners would benefit, and no other landowner would be adversely affected. The public interest and welfare would not be adversely affected by granting this vacation request. The petitioners pray that the City of Fayetteville. Arkansas, vacate and abandon the above -described real estate, 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, vacate and abandon the above -described real estate and that title to said real estate sought to be abandoned be vested in the abutting property owner as provided by law, and as to that particular land the owner be free from the easements of the public for the use of said sewer casement. Dated this day of loi'1� 20 f,��r1►i�ICai L C nu I &An&A LV_ %X�Ye\-d & n-el' Printed name 4 ownership entity, Ad name of officer Signature and title oro-Mecccr �l J m3o� m N Z = O 1 D R 7 °z0D D N Z m- 2 c�imr�ry t�wzD D�OO r Dmm mO zi i F?� m a N O I I I oa I £m S8=y y=7R 'a & aA g/ VA—N BJIUREN AVE $� NP — ' •� _ — �� I ��I Iy ,gym P➢gn� 9 � aa' my ; En - Hai xg��Ri �M // M; n O F y po m n m m s p Z 6& _ m z _o= o£o m B a o v8 -HP fs ms8m 3�sxgvg$"a'g9¢gs,3 a o� dos - ^g��, s s s E I�g�9�8 � $ S 'a Az,- $m=$Flj-- mho $m i m 8x g�w • �y =Foram- �Ha ng°�q.F li $ 4 o,- r j THE SANCTUARY ADDITION • LOTS 1 & 2 r...r�aviuF, .a..xs.a O..n . O � E LOT SPLIT PLAT W a Forth vi 52 NV\'A nfiedia, RECEIVED Account#: NWCL5004205 JUL 0 9 2024 Company: CITY OF FAYE 1-1•hVILLE-CLERKS OFFI ITY 113 W MOUNTAINCCITY OF FAYETTEVILLE FAYETTEVILLE,AR 72701 Ad number#: 418123 PO#: Matter of: ORD 6768 AFFIDAVIT•STATE OF ARKANSAS I Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASI IINGTONBENTON 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 6768 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$117.04. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 07/07/24;NWA nwaonline.com 07/07/24 \\un ii If,,,, 1 } �.�`OJ�C:i 5 0'StiF9'% :> pTAR 9' Legal Clerk -m• p�i3�IG :�' _�: State of ARKANSAS,County of Sebastian kr, �oy ,�C3...•Q '�. i•.•M •211•..QF Subscribed and sworn to before me on this 8th day of July, '',/y4Y Cp u NT,I . \\.` c1 ARY PUBLIC Ordinance:6768 File Number: 2024-214 VACATION-2024-0013: (653 W 15TH ST./WASHINGTON COUNTY PARTNERS LLC,600): AN ORDINANCE TO APPROVE VAC-24-13 FOR PROPERTY LO- CATED AT 653 WEST 15TH STREET IN WARD 1 TO VACATE A 0.09 ACRE PORTION OF SEWER EASEMENT WHEREAS,the Ctty 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 sewer 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 sewer 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 condition that any utility relocation asso- ciated with this easement vaca- tion must be approved and completed as required by the City of Fayetteville. 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:$117.04 July 7,2024 418123