HomeMy WebLinkAboutOrdinance 6801 1111111 IIIIII 111 IIIII IIIII IIIII IIIII illll IIIII IIIII IIIII illll IIIII IIIII IIII IIII
Doc ID: 021855540004 Type: REL
Kind: ORDINANCE
Recorded: 11/18/2024 at 02:19:10 PM
Fee Amt: $30.00 Pape I of 4
Washington County, AR
yoFFAYEi Kyle Sylvester Circuit Clerk
F1le2024-00030364
- ; Iil i_y
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6801
File Number: 2024-650
VACATION-2024-0022: (EAST OF 111, 123,AND 135 S. PADDOCK LOOP/TREETOPS,526):
AN ORDINANCE TO APPROVE VAC-24-22 FOR PROPERTY LOCATED EAST OF 111, 123,AND 135 SOUTH
PADDOCK LOOP IN WARD 1 TO VACATE A 0.02 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. Any damage to or relocation of any existing facilities will be at the property owner/developer's expense;and
2. The existing gas line shall be relocated within utility easement boundaries at property owner/developer's
expense.
PASSED and APPROVED on November 12,2024
Page 1
Ordinance: 6801
File Number: 2024-650
Approved:
Attest:
Shelton, Senior Deputy City Clerk
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FAYETTEVILLE
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This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $121.UIB
Page 2
Office of the City Clerk Treasurer
Kara Paxton — City Clerk Treasurer
Jackson Shelton — Senior Deputy City Clerk
OF 4AYETTF
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4 RKAN SPS
113 W. Mountain Street, Suite 308
Fayetteville, Arkansas 72701
Phone: 479.575.8323
cityclerk@fayetteville-ar.gov
Departmental Correspondence
To: Lioneld Jordan, Mayor
From: Kara Paxton, City Clerk Treasurer'��G
CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton &
Chief Financial Officer Paul Becker
Date: November 8, 2024
RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure
Mayor Lioneld Jordan,
Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting
November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City
Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you
should these dates change.
The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges
from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also
encouraged me to utilize telework options in the weeks following the initial surgery week. He also
stated that should I need to physically come to work, I need to park as close to the building as
possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning.
In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor
Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24-
hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence.
As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for
official purposes only.
Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature.
Please notify the Accounting Department that check requests will be reviewed and signed by Ms.
Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for
approving purchase requests submitted November 11th — November 15th, 2024.
Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support
all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has
continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton
has been with our office for almost 2 years now and has consistently impressed me by going above
and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully
manage the office while I am out.
M/10
VAC-2024-0022 111 S. PADDOCK LOOP I Exhibit 'A'
Close Up View VAC-2024-0022
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=, - - _Fayetteville City Limits P-1
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Exhibit 'B'
VAC-2024-0022
Treetops Subdivision Fayetteville Easement Area to be Removed
Part of Lots 10, 11 & 12, Concurrent Plat, Treetops Subdivision, A Replat and Renaming of The Paddock
Lane Subdivision, Fayetteville, Washington County, Arkansas, being filed for record June 22, 2015 as
Document 016305570002. Being more particularly described as follows:
Commencing at the northeast corner of said Lot 10, Thence along the north line of said Lot 10,
N86045'46"W, 15.feet to the Point of Beginning; Thence leaving said north line, S02°44'44"W, 182.04
feet; Thence N86°45'56"W, 5.00 feet; Thence NO2°44'44"E, 182.04 feet to said north line of Lot 10;
Thence along said north line, S86°45'56"E, 5.00 feet to the Point of Beginning. Containing 0.021 acres, or
910.2 square feet more or less. Said described area being the west 5 feet of the 20 foot Utility and Drainage
Easement crossing said Lots 10, 11 and 12, running parallel to South Paddock Loop, as shown on said
Concurrent Plat.
Washington County, AR
I certify this instrument was filed on
11/18/2024 02:19:10 PM
and recorded in Real Estate
File Number 2024-00030364
Kyle Sylvester- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 12, 2024
CITY COUNCIL MEMO
2024-650
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Kylee Cole, Long Range & Preservation Planner
SUBJECT: VAC-2024-0022: Vacation (EAST OF 111, 123, AND 135 S. PADDOCK
LOOP/TREETOPS, 526): Submitted by HALL ESTILL for property located east of 111,
123, AND 135 S. PADDOCK LOOP in WARD 1. The property is zoned RSF-8,
RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE and contains approximately
0.49 acres. The request is to vacate 0.02 acres of a utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2024-0022 as shown in the attached Exhibits 'A' and '13% and with the
following conditions of approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; and
2. Existing gas line to be relocated within utility easement boundaries at property owner/developer's
expense.
BACKGROUND:
The subject property is in east Fayetteville, south of Mount Sequoyah Woods. The eastern portions of the
site are characterized by steep slopes down to S. Paddock Loop. The property received its current zoning
designation of RSF-8, Residential Single -Family, Eight Units Per Acre, on November 5, 2020 with the
passage of Ordinance 5676 by City Council. Residential building permits for three single-family dwellings
were issued in 2023. During inspection, it was revealed that the homes were constructed within portions
of the existing easement.
Request: The applicant proposes to vacate a portion of a utility easement (0.02 acres) on the property that
was dedicated in 2011. The vacation of this easement is required to remove the current encroachment by
buildings at 111 and 123 S. Paddock Loop, and continue moving forward with construction of a new home
at 135 S. Paddock Loop which was permitted in November 2023.
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested easement vacation. The applicant submitted all
the necessary approvals without objections, but with the conditions as outlined above.
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), Cover Letter (#6), Petition to Vacate (#7), Easement
Exhibit (#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 #: 2024-650
VAC-2024-0022: Vacation (EAST OF 111, 123, AND 135 S. PADDOCK LOOP/TREETOPS,
526): Submitted by HALL ESTILL for property located east of 111, 123, AND 135 S. PADDOCK
LOOP in WARD 1. The property is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, EIGHT
UNITS PER ACRE and contains approximately 0.49 acres. The request is to vacate 0.02 acres of a
utility easement.
AN ORDINANCE TO APPROVE VAC-24-22 FOR PROPERTY LOCATED EAST OF 111, 123,
AND 135 SOUTH PADDOCK LOOP IN WARD 1 TO VACATE A 0.02 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. Any damage to or relocation of any existing facilities will be at the property owner/developer's
expense; and
2. The existing gas line shall be relocated within utility easement boundaries at property
owner/developer's expense.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-650
Item ID
11/7/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/18/2024 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
VAC-2024-0022: Vacation (EAST OF 111, 123, AND 135 S. PADDOCK LOOP/TREETOPS, 526): Submitted by HALL
ESTILL for property located east of 111, 123, AND 135 S. PADDOCK LOOP in WARD 1. The property is zoned RSF-8,
RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE and contains approximately 0.49 acres. The request is to
vacate 0.02 acres of a utility 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:
HALL
LSTILL
ATTORNEYS AT LAW
September 27, 2024
VIA PORTAL
Fayetteville Planning Department
Fayetteville Planning Commission
Fayetteville City Counsel
RE: Petition to Partially Vacate Utilities Easement
111, 123, 135 South Paddock Loop
To Whom It May Concern,
Robert K. Rhoads
75 N. East Ave., Suite 500
Fayetteville, AR 72701-5388
Direct Dial: (479) 973-5202
rrhoads@hallestill.com
Please find enclosed the Petition to Partially Vacate the City's utility easement as
mentioned in the reference line of this letter. Please note that the Petition that is attached
describes the scope nature and the intent of the request. If there are many questions, I stand ready
to answer them.
CC: Client
RKR:yn
20557567.1:014802.00001
Very truly yours,
Is/Robert K. Rhoads
Robert K. Rhoads
Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.
Tulsa, OK • Oklahoma City, OK • Northwest Arkansas • Denver, CO
www.hallestill.com
PETITION TO PARTIALLY VACATE A general utility Easement Located at 111, 123,135
South Paddock Loop, City of Fayetteville, Arkansas
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
The undersigned, Robert K. Rhoads, with the Law Firm of Hall Estill, representing the owners,
Treetops Development, LLC., of the real estate abutting the easement hereinafter sought to be
abandoned and vacated, lying at 111, 123, 135 South Paddock, City of Fayetteville, Arkansas,
petition to vacate an easement which is described as follows:
MUM C M110.11NVM
The owners have built their homes on the three lots as shown in Exhibit "B" partially in the
City's utility easement due to a mistake in placing preconstruction pins. This mistake was not
known by the owners until after the buildings were finished. The petitioners have gained
consents from all of the private utilities and with this petition would ask that the city utility
divisions, also consent to this as well, therefore, we copy this petition to Aaron Watkins, Drew
Cook, and Terry Gulley, to make this request.
Owners believe if the city partially abandons and vacates this utility easement, there still is
sufficient room in the easement for the purposes of the utilities and the City.
WHEREFORE, the undersigned respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above -described real estate, 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 lots.
Dated this Z , day of J�V7Z ' 2024.
K. Rhoads, On Behalf of Treetops Development, LLC.
20553236.1:014802.00001
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"GRIFFIN
3434 Country CI Ub Ave. (4791649-8484
P.O. Box 8130 F— (479) 649-8486
Fort Smith, Arkansas info@micklegriffin.com
Form v1.54
NV\I4„X
media RECEIVED
Nov 1 9 2024
Account#: NWCL5004205 CITY OF FAYETTEVILLE
Company: CITY OF FAYETTEVILLE-CLERKS OFFI CITY CLERKS OFFICE:
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 457239
PO #:
Matter of: ORD 6801
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 WASHINGTON/BF,NTON 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 6801
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 11/17/24;NWA nwaonline.conr 11/17/24
"?) 4,14-?=444-,14`Z
r B R4S
Legal Clerk J` ass'^;;'''F.'%;
Sebastian T p;
State of ARKANSAS,County ofLA
�O AR y v:
Subscribed and sworn to before me on this 18th day of November. 2024 _ pU B G
OTARY PUBLIC
ORDINANCE:6801
File Number:2024-650
VACATION-2024-0022:(EAST
or 111,140.Alt 191 9.fin-
DOCK LOOP/TREETOPS,526):
AN ORDINANCE TO APPROVE
VAC-24-22 FOR PROPERTY LO-
CATED EAST OF 111,123,AND
135 SOUTH PADDOCK LOOP IN
WARD 1 TO VACATE A 0.02 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 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 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 al the property owner/devel-
oper's expense;and
2.The existing gas line shall
be relocated within utility ease-
ment boundaries at property
owner/developer's expense.
PASSED and APPROVED on
November 12,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Jackson Shelton,
Senior Deputy City Clerk
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$127.68
November 27,2024 457239
