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HomeMy WebLinkAboutOrdinance 6813 itillitit111111111111111IUIIIIilll FFArerr o F a Doc ID: 021889870003 Type: REL Kind: ORDINANCE ;,-y "e Recorded: 12/13/2024 at 12:22:44 PM ' � . Fee Amt: $25.00 Page 1 of 3 ��� �« .:[ Kyle1SvlvesternCircuit Clerk . v File2024-00032578 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6813 File Number: 2024-721 VACATION-2024-0024:(2716 N.FLORAL CT./CARTER,286): AN ORDINANCE TO APPROVE VAC-24-24 FOR PROPERTY LOCATED AT 2716 NORTH FLORAL COURT IN WARD 2 TO VACATE 0.01 ACRES OF UTILITY EASEMENT WHEREAS,the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes;and WHEREAS, the City Council has determined that the following described portion of utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby vacates the portion of utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that ny damage to or relocation of existing facilities will be at the property owner/developer's expense. NNO:kK/ TR /i, •` F ,, • •-p PASSED and APPROVED on November 19,2024 _C': :rr= FAYETTEVILLE : = ;, Approv:4: Attest: ' y�'QkANSC ).•,c�$ � k.4,..L.1 ......4, 1:1--- , tone d Jordan,fI r ckson Shelton,Senior eputy City Clerk This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,Arkansas. Amount Paid: $ '`1-t,OU Page 1 VAC-2024-0024 Close Up View PURPLE PHLOX-LN Residential Link ' g Plannin Area .--. Fayetteville City Limits ! Design Overlay District 2716 N. FLORAL CT Subject Property JUSTIN-D Feet 0 75 150 300 450 600 1:2,400 VAC-2024-0024 EXHIBIT'A' ,OVE-D RI-U Urban Thoroughfare Commercial, Industrial, Residential VAC-2024-0024 EXHIBITS' Easement Vacate Legal Description: A part of Lot 12, Final Plat of Prairie View Acres, (being a replat of Lot 3, Springwoods), as per plat on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follows: Commencing at the northeast (NE) corner of said Lot 12; thence south 54°27'49" west a distance of 31.64 feet; thence south 02°15'57" west a distance of 73.42 feet to the point of beginning; thence south 87°42'59" east a distance of 5.00 feet; thence south 02°15'57" west a distance of 89.74 feet; thence north 87°32'02" west a distance of 5.00 feet; thence north 02°15'57" east a distance of 89.73 feet to the point of beginning containing 0.01 acres or 449 square feet more or less. Washington County,AR I certify this instrument was filed on 12/13/2024 12:22:44 PM and recorded in Real Estate File Number 2024-00032578 Kyle Sylvester- Circuit Clerk by , 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 2024-721 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Gretchen Harrison, Senior Planner SUBJECT: VAC-2024-0024: Vacation (2716 N. FLORAL CT./CARTER, 286): Submitted by WILLIAM CARTER for property located at 2716 N. FLORAL CT. in WARD 2. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.51 acres. The request is to vacate 0.01 acres of a utility easement. RECOMMENDATION: Staff recommends approval of this item as shown in the attached Exhibits 'A' and '13% and with the following condition of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense. BACKGROUND: The subject property is located at the end of Floral Court in northwest Fayetteville just south of the Wilson Springs Preserve. The property includes one parcel totaling 0.51 which is developed with a single-family house located in the Springwoods Planned Zoning District. Request: The applicant proposes to vacate a portion of a utility easement (0.01 acres) along the east side of the property. The vacation of this easement is being requested to allow for the installation of a swimming pool. DISCUSSION: City staff recommend in favor of the requested easement vacation. The applicant has submitted all necessary approvals with no objections, but with one condition as noted above. BUDGET/STAFF IMPACT: N/A 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 #: 2024-721 VAC-2024-0024: Vacation (2716 N. FLORAL CT./CARTER, 286): Submitted by WILLIAM CARTER for property located at 2716 N. FLORAL CT. in WARD 2. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.51 acres. The request is to vacate 0.01 acres of a utility easement. AN ORDINANCE TO APPROVE VAC-24-24 FOR PROPERTY LOCATED AT 2716 NORTH FLORAL COURT IN WARD 2 TO VACATE 0.01 ACRES OF 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 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 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 ny damage to or relocation of existing facilities will be at the property owner/developer's expense. Page 1 Ordinance: 6813 File Number: 2024-721 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 2024-721 Item ID 11/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 11/1/2024 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0024: Vacation (2716 N. FLORAL CT./CARTER, 286): Submitted by WILLIAM CARTER for property located at 2716 N. FLORAL CT. in WARD 2. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.51 acres. The request is to vacate 0.01 acres of a utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 Dear Members of the Fayetteville City Council, Subject: Request for Utility Easement Variance Seth Carter 2716 North Floral Ct. Fayetteville, AR 72704 ws.carter@live.com (479) 502-1472 10/11/2024 I hope this letter finds you well. I am writing to formally request a variance for a utility easement located on my property at 2716 N Floral Ct, Fayetteville, AR 72704. The purpose of this request is to outline the scope, nature, and intent of the proposed variance and to seek your approval and support. Scope of the Variance Request The utility easement in question is currently as described in the attached legal description and survey. The requested variance seeks to modify the boundaries of this easement to better accommodate our plans. Specifically, I am asking the city to vacate a 5' X 89.74' section running along the western boundary of the easement. The attached documents provide detailed measurements and the exact location of the existing easement, as well as the portion requested for vacation. Nature of the Variance Request The nature of this variance request is driven by our family's desire to install a swimming pool in our backyard. The current configuration of the easement poses significant limitations to the planned construction and installation of the pool. As it stands, we would be unable to install a pool large enough to justify the investment. Furthermore, the pool would be too close to our house, compromising safety, especially for our young children. We would like the pool to be situated farther away from our home to ensure a safer and more enjoyable environment for our family. Intent of the Variance Request The intent behind this variance request is to enhance our property's usability and recreational value by installing a swimming pool. This modification will provide our family with a much -needed recreational space and improve our quality of life while ensuring the safety and well-being of our young children. Additionally, the proposed changes have been reviewed with each of the utility companies in our area and no objections were raised. I have attached the necessary signed utility approval forms, legal descriptions and an authorized survey for your review. These documents provide further details and visual representation of the proposed variance. I kindly request the City Council's consideration and approval of this utility easement variance. I am available to attend any meetings or provide further information as needed to facilitate the review process. Thank you for your time and attention to this matter. I look forward to your favorable response. Sincerely, Seth Carter PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN lot 12 of Prairie View Acres, 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 of or adjacent to the utility easement to be abandoned and vacated, lying in lot 12 of Prairie View Acres, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A part of Lot 12, Final Plat of Prairie View Acres, (being a replat of Lot 3, Springwoods), as per plat on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follows: Commencing at the northeast (NE) corner of said Lot 12; thence south 54°27'49" west a distance of 31.64 feet; thence south 02"15'57" west a distance of 73.42 feet to the point of beginning; thence south 87"42'59" east a distance of 5.00 feet; thence south 02°15'57" west a distance of 89.74 feet; thence north 87°32'02" west a distance of 5.00 feet; thence north 02'15'57" east a distance of 89.73 feet to the point of beginning containing 0.01 acres or 449 square feet more or less. Petitioners state that the above -described real estate will not adversely affect the public interest and welfare and would also not be adversely affected by the abandonment of the above -described utility 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 pray 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 owners be free from the easements of the public for the use of said real property. 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CD �a 111��� °�� > N 0 m m y m p p m m O z p °0'A Z m mps o N o cn 0 r oC zp Z 0 Op am m °a oN (n� 3 0 1� N? v�IOR o 6' A m Form v1.54 NVN ii4eN Media RECEIVED Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI NOV 2 6 2024 113 W MOUNTAIN CITY OF FAYETTEVILLE FAYETTEVILLE,AR 72701 CITY CLERKS OFFICE Ad number#: 459135 PO #: Matter of: ORD 6313 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 WASHINGTONBENTON 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 6313 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$1 14.00. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/24/24;NWA nwaonline.com 11/24/24 Legal Clerk/ c'4 3RASy''%, State ofARKANSAS,County of Sebastian O. �203,3 . Subscribed and sworn to before me on this 25th dayof = �OTAR November, 2024 = ;� z �.� =m / tiCCU'NI \\\ OTARY PUBLIC Ordinance:6813 File Number:2024-721 VACATION-2024-0024:(2716 N.FLORAL CT/CARTER,286): AN ORDINANCE TO APPROVE VAC-24-24 FOR PROPERTY LO- CATED AT 2716 NORTH FLORAL COURT IN WARD 2 TO VACATE 0.01 ACRES OF UTILITY EASE- MENT 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 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:Thatthe City Coun- cil of the City of Fayetteville, Arkansas hereby vacates the portion of utility 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 ny 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:$114.00 November 24,2024 459135