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HomeMy WebLinkAboutOrdinance 6812 `� of FAYfrT4. ,� 1IIIIIIIIIIIIIIP1111111111011IIIIIIIIIIIIIIIII1H1lIIIIII11hIIll111111111II Doc ID: 021889860003 Type: REL Kind: ORDINANCE Recorded: 12/13/2024 at 12:22:24 PM Fee Amt: $25.00 Page 1 of 3 ,gKAMs's Washington County, AR Kyle Sylvester Circuit Clerk 113 West Mountain Street File2024-00032577 Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6812 File Number: 2024-707 VACATION-2024-0021: (2975 W OLD FARMINGTON RD./CORTER,558): AN ORDINANCE TO APPROVE VAC-24-21 FOR PROPERTY LOCATED AT 2975 WEST OLD FARMINGTON ROAD IN WARD 1 TO VACATE 0.10 ACRES 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 existing facilities will be at the property owner/developer's expense. r PASSED and APPROVED on November 19,2024 PA ��,`�•• G�I Y OF':rG�:: .rn E : FAYETTEVILLE :� Approv d: Attest: ,�ii;YGT ONE ��`♦♦ ioneld Jordan yor ckson Shelto nior Deputy City Clerk This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ ``5.5 2 Page 1 VAC-2024-0021 Close Up View NC 2975 W OLD FARMINGTON RD 'O'° V:N9 RSF-18 SANDRA ST---1 - � uw iJ iW �Z i 0 Regional Link - High Activity Alley Residential Link Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits -- Shared -Use Paved Trail — — — Trail (Proposed) \y/ A Subject Property VELDA CT Feet 0 75 150 300 450 600 1.2,400 9 C� i1 RSF-4 RUTS-E�C'E �N' O �O `N AL' �i..,gNORTH N Residential -Agricultural RSF-4 RSF-8 RSF-18 RMF-24 C-2 Neighborhood Conservation Commercial, Industrial, Residential P-1 VAC-2024-0021 EXHIBIT 'B' 16.00 FOOT UTILITY EASEMENT VACATION DESCRIPTION Part of the Northwest Quarter of the Northeast Quarter, Section 19, Township 16 North, Range 30 West, Washington County, Arkansas being more particularly described as follows: Commencing at a point marking the Northwest Corner of the Northwest Quarter of the Northeast Quarter. Thence along the West line of said Forty, South 02 degrees 20 minutes 57 seconds West, 984.67 feet. Thence leaving said West line, South 87 degrees 39 minutes 03 seconds East, 191.06 feet. Thence North 87 degrees 12 minutes 15 seconds East, 95.55 feet to the Point of Beginning. Thence North 02 degrees 16 minutes 27 seconds East, 160.32 feet. Thence North 09 degrees 39 minutes 52 seconds West, 110.32 feet to a point on the South line of an existing 15.00 foot Utility Easement. Thence along said South line, North 45 degrees 14 minutes 22 seconds East, 19.56 feet. Thence leaving said South line, South 09 degrees 39 minutes 52 seconds East, 123.24 feet. Thence South 02 degrees 16 minutes 27 seconds West, 160.58 feet. Thence South 87 degrees 12 minutes 15 seconds West, 16.06 feet to the Point of Beginning, containing 0.10 acres, same being 4,435.63 square feet. Washington County, AR I certify this instrument was filed on 12/13/2024 12:22:24 PM and recorded in Real Estate File Number 2024-00032577 Kyle Sylvester- Circuit Clerk by r_- Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 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 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 19, 2024 CITY COUNCIL MEMO 2024-707 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Donna Wonsower, Planner SUBJECT: VAC-2024-0021: Vacation (2975 W OLD FARMINGTON RD/CORTER, 558): Submitted by SATTERFIELD LAND SURVEYORS for property located at 2975 W. OLD FARMINGTON RD. in WARD 1. The property is zoned RSF-8, RESIDENTIAL SINGLE- FAMILY, EIGHT UNITS PER ACRE and contains one parcel with approximately 0.98 acres. The request is to vacate 0.10 acres of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2024-0021 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; BACKGROUND: The subject property is in southwest Fayetteville, approximately'/4 mile south of Centennial Park, and just east of Old Farmington Road's intersection with One Mile Road. The property is zoned RSF-8, Residential Single - Family, Eight Units per Acre, and is not part of any overlay district. A property line adjustment was completed for the subject parcel and adjacent property in 2013, on which the subject easement was inaccurately represented as abandoned. Request: The applicant proposes to vacate 0.10 acres of a general utility easement which roughly bisects the subject property. 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), 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 #: 2024-707 VAC-2024-0021: Vacation (2975 W OLD FARMINGTON RD/CORTER, 558): Submitted by SATTERFIELD LAND SURVEYORS for property located at 2975 W. OLD FARMINGTON RD. in WARD 1. The property is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE and contains one parcel with approximately 0.98 acres. The request is to vacate 0.10 acres of a general utility easement. AN ORDINANCE TO APPROVE VAC-24-21 FOR PROPERTY LOCATED AT 2975 WEST OLD FARMINGTON ROAD IN WARD 1 TO VACATE 0.10 ACRES 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 existing facilities will be at the property owner/developer's expense. Page 1 Ordinance: 6812 File Number: 2024-707 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ Page 2 City of Fayetteville Staff Review Form 2024-707 Legistar File ID 11/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 11/1/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0021: Vacation (2975 W OLD FARMINGTON RD/CORTER, 558): Submitted by SATTERFIELD LAND SURVEYORS for property located at 2975 W. OLD FARMINGTON RD. in WARD 1. The property is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE and contains one parcel with approximately 0.98 acres. The request is to vacate 0.10 acres of a general utility easement. Budget Impact: Account Number Project Number 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ - fi Previous Ordinance or Resolution # Approval Date: V20210527 Satterfield Land Surveyors, P. A. 'V"F As S P.O. Box 640 + Alma, Arkansas 72921 : s Office located at 1928 Highway 71 North 1969 Member: ASPS—OSLS Alma 479-632-3565 ® Fax 479-632-5002 • Fort Smith 479-648-3850 Springdale 479-751-7909 • Web Site: www.slsuveying.com Cover Letter To the Honorable members of the Fayetteville City Council: Re; 2975 W. Old Farmington Road, Parcel Number 765-14655-001 Owners of property: Nicholas and Christy Corter We would like to ask the Council to consider this application to vacate a 16.00 foot Utility Easement for the purpose of building. The Utility Easement has never actually had utilities located where the easement is dedicated, so no hardship would be created by the vacation of this easement. This parcel of land with the Utility Easement is 0.98 acres, and the area of the subject Utility Easement requested to be vacated is 0.10 acres, (4,435.63 square feet). There is a property line adjustment survey by Jenkins surveying, dated August 15, 2013 Job Number 13-056, and an Exhibit by Satterfield Land Surveyors, dated September 6, 2024, Job Number 49,185, showing the property and the location of the Utility Easement. We would like to thank you for reviewing and considering our request for vacating the subject utility easement. Thank You, Nicholas & Christy Corner, owner Ricky Hill, PLS PETITION TO VACATE A general utility/water & sewer EASEMENT located at 2975 W. Old Farmington Road, being in part of the Northwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County. 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 part of the Northwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, City of Fayetteville, a municipal corporation, petition to vacate an easement which has Never had any utilities located in the Utility Easement, is described as follows: 16.00 FOOT UTILITY EASEMENT VACATION DESCRIPTION Part of the Northwest Quarter of the Northeast Quarter, Section 19, Township 16 North, Range 30 West, Washington County, Arkansas being more particularly described as follows: Commencing at a point marking the Northwest Corner of the Northwest Quarter of the Northeast Quarter. Thence along the West line of said Forty, South 02 degrees 20 minutes 57 seconds West, 984.67 feet. Thence leaving said West line, South 87 degrees 39 minutes 03 seconds East, 191.06 feet. Thence North 87 degrees 12 minutes 15 seconds East, 95.55 feet to the Point of Beginning. Thence North 02 degrees 16 minutes 27 seconds East, 160.32 feet. Thence North 09 degrees 39 minutes 52 seconds West, 110.32 feet to a point on the South line of an existing 15.00 foot Utility Easement. Thence along said South line, North 45 degrees 14 minutes 22 seconds East, 19.56 feet. Thence leaving said South line, South 09 degrees 39 minutes 52 seconds East, 123.24 feet. Thence South 02 degrees 16 minutes 27 seconds West, t60.58 feet. Thence South 87 degrees 12 minutes 15 seconds West, 16.06 feet to the Point of Beginning, containing 0.10 acres, same being 4,435.63 square feet. That the abutting real estate affected by vacating the said utility easement is part of the NW/4 NE/4 of S-19, T-16-N, R-30-W, City of Fayetteville, Arkansas, the property on both sides of the utility easement to be vacated is owned by the Owner/Petitioner requesting the vacation. There would be no adverse affect caused by abandonment of utility easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described utility easement, where no utilities have ever been located within the described and referenced casement. 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 to 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 to be free from the easement. Pa4ed this _21 day of _ OCLO btu _ > 2024 - Ar GhV 415 �_ printed Najte SS C.P. SURVEYORS NOTE.• All building, surface and subsurface, improvements on REF#1 r� NW CORNER and adjacent to the site are not necessarily shown, The location. and/or existence of utility service lines to the NW 1/4 N0114 property surveyed are unknown and ore not shown. Surveyor has mode no investigation or independent search for td ; `.•,y� 51v1:9 /C l-3OW � a easements of record, encumbronces, restrictive covenants, ownership title N 6344617 54 '" E evidence, or any other facts which on accurate and current title 26223 disclose. search may RFSY/ v r W rbr � SVSURVEYOR'SNONOTE,fits survey was conducted unde the supervision of Clovis W. Sotterfleld, No. 0147 Ricky M71,, No. 144$ or Jacob Long, No. 191.E Satterfield Land s a, Surveyors, P.A., Certfficole of Authorization No. 716.Ole Satterfield Land Surveyors, P.A., 1-(479)-6d2-3565 a Hwy. 71 North, P.O. Box 640. Alma, AR 72921 I b' 2 �r Cl 'z --„• in .,' J� Q qI �v •� ILL�,(f\5 W b ry �° I N 5"/422'F O II y I � 19.56' � `• rn II _ 11 ! O I 1.4 ha �h ,� ooZ¢r����i i1 L N C !. � D944D4,4 N/2 :vf"vY I 34 -6✓` y�-I � N E O O °O.NK�h � � { 'S � Vim- `t _ u `o $$oc c21 I v14� N41 :a ii1§1'I^I"� Z; �I y I I F'b �•F � p �° O CO(; Oj OC Q. a 5q °I j �1 ON I. N 40 4° N N O yl c:P WI I 13 C yVj� ht QV._QN O00� 9,z25� REP#1 I I rP I I o Z oI �O I o I I �a 4j I v I I �ifikkE iraura��WsCg����� I I€� I PO/NT OF t3E61NN/NG I '•�.0 EASEMENT vA:.A r1ow + u ? H 4i I I I I 35.l6. ' 55' C P. NN NN 4'i �iwW, •, „ 0000 •••••�����'� 173,ei' CP. '/ S87'39YJ.3'E/9l.py'---vP .i192-1p1l51W I REP#! 16.00 FOOT UTILITY EASEMENT VACATION DESCRIPTION Part of the Northwest Quarter of the Northeast Quarter, N .1 Section 19, Township 16 North, Range 30 West, ' a " ! Washington Count Arkansas being more particularly I 9 Y 9 P YMa°��.3�kc i described as follows: aw " a " q Commencing at o point morking the Northwest Corner ofy o o g I the Northwest Quarter of the Northeast Quarter, Thence o� o '}' �S along the West line of said Forty, South 02 degrees 20 �pproved minutes 57 seconds West, 984.67 feet. Thence leaving, a c : o 10/ 1 /2024 said West line, South 87 degrees 39 minutes 03 seconds' ' East, 191.06 feet. Thence North 87 degrees 12 minutes �:., ;� 4 c a T o IS 15 seconds East, 95.55 feet to the Point of Beginning, it Thence North 02 degrees 16 minutes 27 seconds East,L 160.32 feet. Thence North 09 degrees 39 minutes 52Q ° ° O- 5 seconds West, 110.32 feet to a point on the South line z `O`o a�a oQ'° ° o of an existing 15.00 foot Utility Easement. Thence along c o said South line, North 45 degrees 14 minutes 22 seconds Q ' r a East, 19.56 feet. Thence leaving said South fine, South 09 degrees 3-9minutes52 seconds East, 123.24 feet. v ka Qy oac In N629230.82 E6'b1G46.G7 Thence South 02 degrees 16 minutes 27 seconds West, _ G o F `.E "3 4 0 8 c SWCORN2R 160.58 feet. Thence South 87 degrees 12 minutes 15 �,tr� " c° a o ,h = seconds West, eet to the Point of -.3ow -,Er- i,5 containing 0.101 acres, some being 4,435.63esquare feet. 4 o a°i Form v1.54 NV‘ 4\ media Account#: NWCL5004205 RECEIVED Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN NOV 2 6 2024 FAYETTEVILLE,AR 72701 CITY OF FAYETTEVILLE CITY CLERKS OFFICE Ad number#: 459133 PO#: Matter of: ORD 6812 AFFIDAVIT•STATE OF ARKANSAS 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 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 6812 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 11/24/24;NWA nwaonline.com 11/24/24 727.4621,, Legal Cle l/� C.l 6 R:AI ,Sy!'5,/ State of ARKANSAS,County of Sebastian ; :..0'•: TAR •. Subscribed and sworn to before me on this 25th dayof 'e•' Q = November, 2024 =� � �,_ 1�� -TARY PUBLIC Ordinance:8812 File Number: 2024.707 VACATION-2024-0021:(2975 W OLD FARMINGTON RD./CORTER,558): AN ORDINANCE TO APPROVE VAC-24-21 FOR PROPERTY LO- CATED AT 2975 WEST OLD FARMINGTON ROAD IN WARD 1 TO VACATE 0.10 ACRES OF GEN- ERAL 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 condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on November 19,2024 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:$115.52 November 24,2024 459133