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HomeMy WebLinkAboutOrdinance 6921113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6921 File Number: 2025-1999 iiiiiiiiiiiiiiiiiiiiiillillillillI TYPE: LAND RECORDS FEE: $25.00 1 OF 3 REC: 10;231'2025 02:20PM I J. CREASON KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER. CIRCUIT CLERK FILE NO:2025-29513 AN ORDINANCE TO APPROVE VAC-25-21 FOR PROPERTY LOCATED AT 1923 EAST JOYCE BOULEVARD IN WARD 3 TO VACATE 0.22 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 following conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. Any easements required to serve the associated development shall be dedicated with the easement plat. PASSED and APPROVED on October 21, 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: $120.08 Page 1 VAC-2025-0021 1923 E JOYCE BLVD C120 vAC-2025-0021 Close Up View EXHIBIT'A' �_—, I . I I F � Yzjvru Lu L co IM RIO Subject Property FARGo RD _117 I '9D ca -ktp t E< icn R01 J a 0 I co U 0 . 4P _Z, J* dryee Neighborhood Link Unclassified Planning Area Fayetteville City Limits — — — Shared -Use Paved Trail Feet 0 75 150 300 450 600 1:2,400 R-A A& NORTH VAC-2025-0021 EXHIBIT 'B' LEGAL DESCRIPTION - PROPERTY A PART OF THE SE1/4 OF THE NW1/4, A PART OF THE SW1/4 OF THE NE1/4, A PART OF THE NE1/4 OF THE SW1/4, AND A PART OF THE NW1/4 OF THE SE1/4 ALL IN SECTION 25, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SE1/4, NW1/4 THENCE S02037'42"W 21.06 FEET, THENCE N87°34'21"W 296.12 FEET TO THE POINT OF BEGINNING, THENCE S02°34'10"W 702.80 FEET, THENCE S87018'54"E 295.52 FEET, THENCE S02043'25"W 76.33 FEET, THENCE S87°23'27"E 284.25 FEET, THENCE S10017'14"W 315.77 FEET, THENCE S12001'37"W 198.40 FEET, THENCE S12001'35"W 164.37 FEET, THENCE S39031'38"W 60.30 FEET, THENCE S65053'47"W 74.62 FEET, THENCE N89059'49"W 79.57 FEET, THENCE S46014'05"W 145.00 FEET, THENCE N84009'07"W 244.61 FEET, THENCE S00°00'11"W 200.76 FEET, THENCE S69015'34"W 214.05 FEET, THENCE S88043'04"W 151.63 FEET, THENCE N69031'41 "W 149.26 FEET, THENCE N46004'26"W 196.04 FEET, THENCE N29024'56"W 477.57 FEET, THENCE N02037'03"E 1,339.48 FEET, THENCE S87034'21"E 929.11 FEET TO THE POINT OF BEGINNING: CONTAINING 47.93 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION - GENERAL UTILITY EASEMENT TO BE VACATED A PART OF THE SE1/4 OF THE NW1/4, A PART OF THE SW1/4 OF THE NE1/4, A PART OF THE NE1/4 OF THE SW1/4, AND A PART OF THE NW1/4 OF THE SE1/4 ALL IN SECTION 25, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SE1/4, NW1/4 THENCE S02037'42"W 21.06 FEET, THENCE N87034'21"W 296.12, THENCE S02034'10"W 702.80 FEET, THENCE S87018'54"E 295.52 FEET, THENCE S02043'25"W 76.33 FEET; THENCE ALONG THE EAST PARCEL LINE OF PARCEL #765-15685-000, S02037'42"W 98.48 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EAST PARCEL LINE OF PARCEL #765-15683-000 S02037'42"W 20.00 FEET; THENCE N87009'38"W 5.19 FEET; THENCE S02037'42"W 235.58 FEET; THENCE N87021'28"W 20.00 FEET; THENCE N02037'42"E 235.65 FEET; THENCE N87°09'38"W 201.04 FEET; THENCE N46000'26"W 30.39 FEET; THENCE S87009'38"E 249.04 FEET TO THE POINT OF BEGINNING, CONTAINING 0.22 ACRES OR 9,465 SQUARE FEET MORE OR LESS. WASHINGTON COUNTY, AR ICERTIFYTHIS IN STRUMENT WAS FILED ON 10 23?2025 02:20PM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-29513 KYLE SYLVESTER, CIRCUIT CLERK CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 21, 2025 CITY COUNCIL MEMO 2025-1999 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Donna Wonsower, Senior Planner SUBJECT: VAC-2025-0021: Vacation (1923 E. JOYCE BLVD/ BUTTERFIELD TRAIL VILLAGE, 175): Submitted by 41E ENGINEERING INC for property located at 1923 E. JOYCE BLVD in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE, and R-A, RESIDENTIAL -AGRICULTURAL, and contains approximately 4.86 acres. The request is to vacate 0.22 acres of general utility easement. RECOMMENDATION: Staff recommend approval of VAC-2025-0021 as shown in the attached Exhibits 'A' and 'B', 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. Any easements required to serve the associated development shall be dedicated with the easement plat. BACKGROUND: The subject property is located in north Fayetteville approximately 900 feet southwest of the intersection of E. Joyce Blvd. and N. Old Missouri Rd. Zoning on the property is divided between RMF-24, Residential Multifamily, 24 Units per Acre and R-A, Residential Agricultural, with a portion of the overall property partially encumbered by streamside protection zones, floodplain, and hydric soils. The property at -large is developed with Butterfield Trail Village, a retirement community. Along the southern portion of the community, the Mud Creek Trail runs east -west. The first phase of the Butterfield Trail Village campus was completed in the late 1980s and the facility has continued to expand in the decades since. There are approximately 350 residential units and many amenities, including an Alzheimer's care unit, general store, pool, gardens, art studio, dining hall and lodge, fitness studio, and convocation center. Previous expansions have received conditional use approvals. More recently, a 9,355 square -foot, 12-unit assisted living building was constructed and placed into operation in 2014 along with an associated parking lot, which is located within a portion of the property zoned R-A, Residential Agricultural. Conditional use permit and large-scale development applications have been submitted for a proposed 42,185 square -foot, 38-unit expansion of the existing assisted living facility and associated site improvements (CUP- 2025-0044 and LSD-2025-0013). Request: The applicant proposes to vacate one existing 20-foot wide general utility easement totaling 0.22 acres located south and east of the existing assisted living facility and partially within the footprint of the proposed expansion. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Cover Letter, 7. Petition to Vacate 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 #: 2025-1999 AN ORDINANCE TO APPROVE VAC-25-21 FOR PROPERTY LOCATED AT 1923 EAST JOYCE BOULEVARD IN WARD 3 TO VACATE 0.22 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 following conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. Any easements required to serve the associated development shall be dedicated with the easement plat. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-1999 Item ID 10/21/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/3/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2025-0021: Vacation (1923 E. JOYCE BLVD/ BUTTERFIELD TRAIL VILLAGE, 175): Submitted by 41E ENGINEERING INC for property located at 1923 E. JOYCE BLVD in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE, and R-A, RESIDENTIAL -AGRICULTURAL, and contains approximately 4.86 acres. The request is to vacate 0.22 acres of general 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: 4iE Engineering, Inc. `a P.O. Box 56, Cave Springs, AR 72718 Phone: (479)381-1066 August 13, 2025 Jessie Masters Planning Director Development Services 125 W. Mountain Street Fayetteville, AR 72701 Phone: 479.575.82637 Re: Assisted Living Expansion Butterfield Trail Village Fayetteville, Arkansas Email: ffourie@civilde.com Ferdinand Fourie, P.E. P.O. Box 56 Cave Springs, Arkansas 72718 479.381.1066 ffourie@4iE.Engineering Please find enclosed submittal items as a request to vacate a portion of an existing Utility Easement on the Butterfield Trail Village campus along E. Fargo Road, from Old Missouri Road. The proposed addition will encroach on a portion of an existing general utility easement. Vacationing of this portion of the easement will be required to allow this development to proceed. It appears that this utility easement only contains electrical and cable service lines. As part of this project, these utility facilities will have to be rerouted, and this will be coordinated with the respective utility owners. Please let me know if you have any questions. Sincerely, Ferdi Fourie, P.E. FF/FF August 13, 2025 Development Services 125 W. Mountain Street Fayetteville, AR 72701 Phone: 479.575.82637 To: The Fayetteville City Planning Commission and The Fayetteville City Council PETITION TO VACATE A GENERAL UTILITY EASEMENT — PARCEL #765-15683-000 We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying within parcel #765-15683-000, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: LEGAL DESCRIPTION — GENERAL UTILITY EASEMENT TO BE VACATED A PART OF THE SE1/4 OF THE NW1/4, A PART OF THE SW1/4 OF THE NE1/4, A PART OF THE NE1/4 OF THE SW1/4, AND A PART OF THE NW1/4 OF THE SE1/4 ALL IN SECTION 25, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SE1/4, NW1/4 THENCE S02037'42"W 21.06 FEET, THENCE N87034'21"W 296.12, THENCE S02034'10"W 702.80 FEET, THENCE S87°18'54"E 295.52 FEET, THENCE S02043'25"W 76.33 FEET; THENCE ALONG THE EAST PARCEL LINE OF PARCEL #765-15685-000, S02037'42"W 98.48 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EAST PARCEL LINE OF PARCEL #765-15683-000 S02037142"W 20.00 FEET; THENCE N87009'38"W 5.19 FEET; THENCE S02037'42"W 235.58 FEET; THENCE N87021'28"W 20.00 FEET; THENCE NO2°37'42"E 235.65 FEET; THENCE N87009'38"W 201.04 FEET; THENCE N46000'26"W 30.39 FEET; THENCE S87009'38"E 249.04 FEET TO THE POINT OF BEGINNING, CONTAINING 0.22 ACRES OR 9,465 SQUARE FEET MORE OR LESS. That the abutting real estate affected by said abandonment is located at 2073 E. Fargo Road, City of Fayetteville, used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above - described easement. 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, abandon and vacate the above -described real estate subject to said utility easements, 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 alley. Petition to Vacate General Utility Easement Fayetteville, Arkansas 08-13-2025 Page 2 Dated this _Sday of (if 120 Printed Name Page 2 N G F i --_ 72 B ,6 W c 00 Cl) ----- _ _ ► 8 qss/ST ,- FFFvI tD/NG D G/V/NG o `ry"'Y 243 5j c PARCEL #765-15685-0005) F ° 3 P.O.B O pp EASEMENT VACATION — Co S87° 09' 38"E EASEMENT VACATION I S2^ 37' 42"W 0.22 AC o w 20.00' F 9,465 SF ii i� N j /y f •+ ,N870 09' 38"W t7� PIVX \ N46° 00' 26"W 201.04' \ y 1 EXISTING UTILITY EASEMENT _ N87° 09' 38"W Y PER PLAT 17-46 FILED JUNE 1, 2001 5.19, \ I o nG \ o _ n \\ Zo E \ PARCEL #765-15683-000 i 1 i° / I i FF w 2 \ N 3 � \ I 011 �Q a 1 Y 4� 3 nw _ N E❑ \v M M / t- h' \ h N Z/M N ° C� C TV❑ � � I lI — _: 5' 12 GRAPHIC SCALE I c�'„ °��F 20 0 10 20 18.7' I I 8 T ( IN FEET) W 3 ® I A — — 1 INCH = 20 FEET �� EXISTING BUILDING N FF=1235.60 6. Q wATFR r,o TO - 18.6' I w FL OUT (SW)=1228.91 I I — �`0y 11 2Q RCP '' 6 I X6' TOP=123 . 11 v 28.2' I (NE)=1228.39 FL a 1 i I N87- 21' 28"W E OUT (S)=1228.34 x� i i I 20.00' - CROSS HOLLOW CROSS HOLLOW 11 (PRIVATE) (PRIVATE STREET) --- I I — 11__--------- —1 GENERAL UTILITY 4iE*ENGINEERING EASEMENT VACATION EXHIBIT EASEMENT TO BE VACATED 479.381.io66 P.O. BOX 56 BUTTERFIELD TRAIL VILLAGE DRAWN CKD SHEET THIS IS NOT A PLAT Springdale, Arkansas A.L.F EXPANSION ©zuzy 4SE Engineering, Inc. FAYETTEVILLE, ARKANSAS FF FF 1 1 N\/\IAom hiddia Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 549589 PO #: Matter of: ORD 6921 AFFIDAVIT • STATE OFARKANSAS Form A 55 RECEIVED OCT 2 7 2025 CITY OF FAY ET [ V:LL[ CITY CLERK S OFFICF I Maria Hemandez-Lopez , do solemnly swear that 1 am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON county, State ofAR.KANSAS; that 1 was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: OR.D 6921 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 $120.08. (Includes SO.00 Affidavit Charge). NWA Democrat Gazette 10126125; NWA nwaonlinecom 10126125 State of AR.KANSAS, County of Sebastian Subscribed and sworn to before me on this 27th day of October, 2025 �%Nk%i I''III//// �,.r. B ... J . .�SSy'•• Fq 12-20 Fl �; . �-TA- y v: Ln co pUB1 �G o' 2 yJ� .0� i���//ti/COfU N,�,�,\\\\\�� Ordirtartca. 8921 File Number: 2025-1999 AN ORDINANCE TO APPROVE VAC-25.21 FOR PROPERTY LO- CATED AT 1923 EAST JOYCE BOULEVARD IN WARD 3 TO VA- CATE 0.22 ACRES OF GENERAL UTILRY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 1/-54-104 to vacate public grounds or portions thereof which are not regcireo for cor porale purposes; and WHEREAS, tt! C1Y Council has determined that the foliow. 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- cd of he Crty of Fayetteville, Arkansas hereby vacates the porton 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 Certroed by the City C ark along with the map at lathed as Exhibit A to the Plan- ning Department's mama shall be fled in the office of the Washington County Circuit Clerk Section 3: TMs vacation ap- proval is sublW to the following conditxfns: 1. Any damage to or reloca lion of hosting fac I tas will De at the property cwner/devV- oper's expense 2. Any assemerts required to serve he associated develop- ment shall be dedicated with the easement plat. PASSED and APPROVED on October 21, 2025 Approved. Molly Rawn. Mayor Attest Kara Paxton. City Clerk Treasurer This publication was pa.c for by me City Cierk-TreMrer of the City of Fayetteville. Aikarsas, Amount Paid $120 08 October 26, 2026 509589