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HomeMy WebLinkAboutOrdinance 6853 {oF FAYEr, II ID IIII 11101U011111IIIIl IIIUIIIIIIII Doc ID: 022032120003 Type: REL Kind: ORDINANCE Recorded: 03/28/2025 at 09:42:17 AM Fee Amt: $25.00 Page 1 of 3 ,;�' Washington County, AR Kyle Sylvester Circuit Clerk <gKANSAS File2025-00007932 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6853 File Number: 2025-293 VACATION-2025-0006: (1795 N.LEVERETT AVE./HOGWILDHOUSING LLC,366): AN ORDINANCE TO APPROVE VAC-25-06 FOR PROPERTY LOCATED AT 1795 NORTH LEVERETT AVENUE IN WARD 2 TO VACATE 0.04 ACRES OF ACCESS 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 access 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 access 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. PASSED and APPROVED on March 18,2025 Approved: Attest: Molly Rawn, Mayor Kara Paxton,City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $103.36 Page 1 VAC-2025-0006 Close Up View MEL•MAR-DR 1795 N LEVERETT AVE VAC-2025-0006 EXHIBIT 'A' POPL•AR-ST BEL-AIR DR RSF-4 KELLEY-ST m Midt�w� Trail SYCAMORE ST ---------------------- ----- -- -------------- Neighborhood Link Unclassified Residential Link Planning Area Feet ' Fayetteville City Limits 0 75 150 300 450 600 L__, Y Y Shared -Use Paved Trail 1 1 :2,400 I 4 RPZD I I I I I I I I I I I I 1 I-1 1 1 1 1 1 ``NORTH RSF-4 RSF-8 RI-U RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial C-1 C-2 Community Services Commercial, Industrial, Residential VAC-2025-0006 EXHIBIT 'B' Access Easement Description: A PART OF LOT NUMBERED 9B IN BLOCK NUMBERED (2) OF BEL AIR ACRES SECOND ADDITION, FAYETTEVILLE,ARKANSAS AS SHOWN ON A PLAT OF A LOT SPLIT FILED AS DOCUMENT 2012- 2675, OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT NINE (9) BLOCK TWO (2) OF BEL AIR ACRES SECOND ADDITION;THENCE N87°04'50"W 75.72 FEET ALONG THE SOUTH LINE OF SAID LOT 9B TO A SET'/z" IRON REBAR;THENCE NO2°50'18"E 25.00 FEET TO A POINT;THENCE S87°04'50"E 75.62 FEET TO A POINT ON THE EAST LINE OF SAID LOT NINE (9), BLOCK TWO (2);THENCE S02°36'16"W 25.00 FEET OT THE POINT OF BEGINNING, CONTAINING 1891.7 SQUARE FEET, MORE OR LESS. Washington County, AR tiled on I certitY this instrument was 03128/20250000 09'.42'.17 AM and recorded in Real Estate File Number 2025 rcu.t 932 Ky1e Sylvester Circuit Clerk � .. by .. ` CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 18, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner CITY COUNCIL MEMO 2025-293 SUBJECT: VACATION-2025-0006: (1795 N. LEVERETT AVE./HOGWILDHOUSING LLC, 366): RECOMMENDATION: Staff recommends approval of VAC-2025-0006 as shown in the attached Exhibits 'A' and 'B.' BACKGROUND: The subject property is located on the west side of Leverett Avenue, about one -tenth of a mile north of Sycamore Street. It contains one lot totaling 0.12 acres which is in RSF-8 zoning and developed with a single- family residence built in 2016. Request: The applicant is requesting to vacate an access easement totaling 0.04 acres which was dedicated as part of a lot split that was approved in 2019. DISCUSSION: City staff recommends approval of the requested easement vacation. The subject access easement was dedicated as part of a lot split that was approved in 2019 with the intent of providing access to a neighboring property. However, circumstances have changed and the easement is no longer necessary. The neighboring property has built its own driveway, making the easement unnecessary for shared access. Removing the easement would allow both properties to be fully utilized and avoid future complications if either is sold. BUDGET/STAFF IMPACT: N/A 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 #: 2025-293 VACATION-2025-0006: (1795 N. LEVERETT AVE./HOGWILDHOUSING LLC, 366): AN ORDINANCE TO APPROVE VAC-25-06 FOR PROPERTY LOCATED AT 1795 NORTH LEVERETT AVENUE IN WARD 2 TO VACATE 0.04 ACRES OF ACCESS 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 access 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 access 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. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-293 Item ID 3/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2025 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: VAC-2025-0006: Vacation (1795 N. LEVERETT AVE./HOGWILDHOUSING LLC, 366): Submitted by BRENT ETLINGER for property located at 1795 N. LEVERETT AVE. in WARD 2. The property is zoned RSF-8, RESIDENTIAL SINGLE- FAMILY, EIGHT UNITS PER ACRE and contains approximately 0.12 acres. The request is to vacate 0.04 acres of access 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: Dear Fayetteville City Council, I am writing to formally request the removal of a shared access easement on my property located at 1795 N Leverett Ave. This easement was originally established to provide access to a neighboring property, but circumstances have changed, making the easement no longer necessary. The reasons for this request are as follows: 1. The neighboring property has since constructed its own driveway, providing direct access to the public road. 2. The easement is no longer being used for its intended purpose of dual property access. 3. Removing the easement would allow me and my neighbor to fully utilize our properties and prevent any misalignment with future owners should either property be sold. Our neighbor at 1789 N Leverett Ave is in full agreement with this request. I understand that this process requires the following documents that you will find attached in the online application: • Two surveys of the property showing the exact location of the easement • A legal description of the area to be vacated • Notification to the adjacent property owner and his signed consent I am prepared to provide any additional documentation or information required to process this request. believe that vacating this easement is in the best interest of all parties involved and would not adversely affect public welfare or access. Thank you for your time and consideration of this matter. I look forward to discussing this request further and answering any questions you may have. Sincerely, i Brent Ettinger Owner, HogWildHousing LLC PETITION PETITION TO VACATE AN ACCESS EASEMENT LOCATED IN A PART OF LOT NUMBERED 9B IN BLOCK NUMBERED TWO OF BEL AIR ACRES SECOND ADDITION IN THE CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the access easement hereinafter sought to be vacated, lying in a part of lot numbered 9B in block numbered two of Bel Air Acres Second Addition in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an access easement which is described as follows: A part of lot numbered 9B in block numbered two (2) of Bel Air Acres Second Addition, Fayetteville, Arkansas, as shown on a plat of a lot split filed as document 2012-2675, of the land records of Washington County, Arkansas, and being more particularly described as follows: beginning at the southeast corner of lot nine (9), block two (2) of Bel Air Acres Second Addition; thence N87°04'50"W 75.72 feet along the south line of said lot 9B to a set % " iron rebar; thence NO2°50'18 "E 25.00 feet to a point; thence S87°04'50 "E 75.62 feet to a point on the east line of said lot nine (9), block two (2); thence S02°36'16 "W 25.00 feet to the point of beginning, containing 1891.7 square feet, more or less. That abutting real estate and the public interest and welfare would not be adversely affected by the vacation of the portion of the above described access easement. The petitioners pray that the City of Fayetteville, Arkansas, vacate the above described access easement, 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 appropriate property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, vacate the above described access easement, and that title to said real estate sought to be vacated be vested in the appropriate property owners as provided by law. Dated this day of 1 d , 20 /c/ �ws ," Printed Name Signature S� ✓ .. 1 LEGEND ® SET REBAR PIN O FOUND IRON PIN # UTILITY POLE X FENGE E— ELECTRIC LINE —T— TELEPHONE LINE NOTE: GRAPHIC SCALE: Tract Is sub)ect to easements as shown GROUND DISTANCES on plat and restrictive covenants of GOMBI NED SCALE FAGTOR: record, If any, and Is subject to such OA999181 AT ELLIPSOID Foots as an accurate and current tltle HEIGHT AT EL FEET search may disclose. 20' 0 2�I BEARINGS BASED ® US STATE PLANE 30101 ARKANSA5 NORTH ZONE GONVER6ENGE: -1015'47.151" AT NORTHING 6-71 51,165 0 FASTING 611005.1963 ROTATION DEED FILE #2019-00030821• AND SURVEY PLAT FILE #2012-000026-I5- -O°36'49.1 R' NO ID O � u�`) O N i- z_ N W -ROOF i LU O N J - 4 0 � R=20.00' L=13.68' 516°54'44'E Lc=13.41' R=20.00' L=17.6G' 561°50'2q"E LG=17.12' 05143G A5H VICINITY MAP 8-r I'44"E BOARD FEWE , U2' REBAR #153 �zzz EI fiGTRIf, t E7 Ei.wwz wx t� �°NO 2-STORY FR,4ME HOU5E Uq OW �zLOE m �arow 'iNE 4 • • 4 /G �587°04'50"E n a 112" REBAR #I005 MQ.rJO - u nw #1 'DOG -{ON FILE IN THE NA5HIN6TON WrER Sb7°OI'441E 4.50' COUNTY, AR CIRCUIT CLERK'S OFFICE 6PS ® P.O.G. RECORD GORNE 4. BOOK 201q PAGE 22837 REBAR (DESTROYED) 587°10'40"E 10.22, YLiTi3?Fya F. . 4 BAR �4+ fir•= •'f•1111/ SURVEY DESCRIPTION: I A part of Lots 6 and cl of Block 2 of Bel -Air Acres Second Addition, as shown on plat record I of page 147, Washington Gounty, Arkansas, being more particularly described as follows: GommerI at the Southeast corner of said Lot of as shown on survey file #2012-000026-15; thence along the South line of said Lot o, North 8701'44" West, 4.50 feet to a found 112" rebar pin with cap #1005 for the POINT OF BEGINNING; thence along said South line Of said Lots 8 and q, North 87°01' 44" West, g0.50 feet to o Found 1/2" rebar pin with cap #1005; thence North 02°40'20" East, 56.00 feet to o found 1/2" rebar pin; thence South 87°01'44" East, gO.51 feet to a found 1/2" rebar pin with cap #1552; thence along o 4.5' wide Right-Of-Waq as dedicated on curvet'y File# 2012-00002675, South 02°4057"We5t, 56.00 feet to the POINT OF BEGINNING. Gontoining 0.12 ACRES, more or less. SUE3JEGT TO an access easement as reserved on a survey filed in plat record 201q of page 22837 on file in the Washington Gounty Gircuit Clerk's Office. GRABER LAND SURVEYING I I r. J. SCOTT GRABER, PS PO BOX 2317 ROGERS,AR 72757 79-981-0685 IS T E]pn ARKANSAS NO.1612 i `rC'OTT COA C 0���� I HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY SHOWN AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION OF THE SAME. JOHN & ERIN ORTMAN 1Na5hin ton Gounty, Arkansas Scale:"=20' Drawn by: Mau 23, 2022 IBOUNDARYSURVEY scoti 0-drawing5\5PI b5004LEHMANN.pro Field Book: 5PI63004LEHMANN.RAw 500-16N-30W-0-04-330-72-1612 Form v1.54 N\A ECEIVE 03/24/2025 Itledza CITY OF FAYETTEV'LLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 491980 PO #: Matter of: ORD 6853 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 6853 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$103.36. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 03/23/25;NWA nwaonline.com 03/23/25 #21/azUE 991e2ei,v24/ ,4 Legal Clerk - State of ARKANSAS,County of Sebastian - Subscribed and sworn to before me on this 24th day of March, 2025 .: • TARP PUBLIC Ordinance:6853 File Number: 2025-293 VACATION-2025-0006:(1795 N. LEVERETT AVE./HOGWILD- HOUSING LLC,366): AN ORDINANCE TO APPROVE VAC-25-06 FOR PROPERTY LO- CATED AT 1795 NORTH LEV- ERETT AVENUE IN WARD 2 TO VACATE 0.04 ACRES OF ACCESS 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 access easement is not required for corporate purposes. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYEI IEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby vacates the portion of access 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. PASSED and APPROVED on March 18,2025 Approved: Molly Rawn,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:8103.36 March 23,2025 491980