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HomeMy WebLinkAboutOrdinance 6941113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6941 File Number: 2025-2293 AN ORDINANCE TO APPROVE VAC-25-27 FOR PROPERTY LOCATED AT 2411 WEST MEGAN DRIVE IN WARD 2 TO VACATE 0.02 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 right-of-way 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 ongoing condition that any damage to or relocation of any existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on December 2, 2025 Approved: Attest: z Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer —�� FAYETTEVILLE•�= N - - 0"�����`` //1111111� This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 109.44 Page 1 VAC-2025-0027 Close Up View 2411 W MEGAN DR / / I / W W / J m /, Ia ARTHUR-HART-ST / i i RSF-4 i i i i MEGAN-DR FNEWPORT - �—CORNERSTONE- PL- Neighborhood Link Unclassified Residential Link ' g Plannin Area .-_. Fayetteville City Limits ! Design Overlay District a "M I f Subject Property 0 W O IL Feet 0 75 150 300 450 600 1:2,400 SKYL• ER- D HOLLY-ST < J o;a ZO J ­) L•AWSON-ST- NORTH VAC-2025-0027 EXHIBIT `B' AREA OF EXISTING UTILITY EASEMENT TO BE VACATED A PORTION OF A TWENTY-FIVE (25) FOOT WIDE UTILITY EASEMENT, SAID EASEMENT LYING WEST OF AND IMMEDIATELY ADJACENT TO THE EAST BOUNDARY OF LOT ONE (1) OF QUAIL RIDGE SUBDIVISION, AS PER THE PLAT OF SAID SUBDIVISION, FILED IN PLAT BOOK 10 AT PAGE 51 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, SAID PORTION BEING VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT ONE (1), SAID POINT BEING A CHISELED'X' IN A CONCRETE SIDEWALK; THENCE N87°03'14"W 19.08 FEET ALONG THE NORTH LINE OF SAID LOT ONE (1) TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT TO BE VACATED; THENCE S02°42'54',W 148.01 FEET TO A POINT ON THE NORTH LINE OF AN EXISTING TWENTY-FIVE (25) FOOT WIDE UTILITY EASEMENT LYING NORTH OF AND IMMEDIATELY ADJACENT TO THE SOUTH BOUNDARY OF SAID LOT ONE (1); THENCE N87°02'36"W 6.54 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO A POINT ON THE WEST LINE OF AN EXISTING TWENTY-FIVE (25) FOOT WIDE UTILITY EASEMENT LYING WEST OF AND IMMEDIATELY ADJACENT TO THE EAST LINE OF SAID LOT ONE (1); THENCE NO2°57'23"E 148.01 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT ON THE NORTH LINE OF SAID LOT ONE (1); THENCE S87°03'14"E 5.92 FEET TO THE POINT OF BEGINNING, CONTAINING 922 SQUARE FEET, MORE OR LESS. CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 2, 2025 CITY COUNCIL MEMO 2025-2293 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner Wesley Frank, Planner SUBJECT: VAC-2025-0027: Vacation (2411 W. MEGAN DR./APPLE LILY MANAGEMENT, 402): Submitted by APPLE LILLY MANAGEMENT for property located at 2411 W. Megan Dr in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate 0.02 acres of a general utility easement. RECOMMENDATION: Staff recommend approval of VAC-2025-0027 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, and BACKGROUND: The subject area is in central Fayetteville at the corner of W. Megan Drive's intersection with N. Porter Road. The overall 0.33-acre subject area is a single parcel with a single-family dwelling that was developed in 1995, according to Washington County records. The property does not fall within any overlay districts, Master Plan areas or floodplain. A rezoning from RSF-4, Residential Single -Family, 4 Units per Acre to RSF-8, Residential Single -Family, 8 Units per Acre has been proposed and will be heard by City Council on November 18, 2025 after forwarding by the Planning Commission. Request: The applicant proposes to vacate a portion of an existing general utility easements totaling 0.02 of an acre: a 25-foot wide easement bisects the property north to south on the eastern portion of the property. A survey indicates that the existing house on the property encroaches in to the easement. DISCUSSION: The applicant submitted the required approvals with no objections. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Applicant Request Letter (#6), 7. Petition to Vacate, 8. Survey 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 #: 2025-2293 AN ORDINANCE TO APPROVE VAC-25-27 FOR PROPERTY LOCATED AT 2411 WEST MEGAN DRIVE IN WARD 2 TO VACATE 0.02 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 right-of-way 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 ongoing condition that any damage to or relocation of any existing facilities will be at the property owner/developer's expense. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-2293 Item ID 12/2/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/14/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2025-0027: Vacation (2411 W. MEGAN DR./APPLE LILY MANAGEMENT, 402): Submitted by APPLE LILLY MANAGEMENT for property located at 2411 W. Megan Dr in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate 0.02 acres of a general 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: To: City Council City of Fayetteville, Arkansas Date: October 21, 2025 Subject: Request for Utility Easement Vacation — 2411 W Megan Drive Dear Council Members, I am submitting this request to vacate a portion of the existing 25-foot utility easement located along the east property boundary at 2411 W Megan Drive in Fayetteville, Arkansas. Background & Intent This request proposes to retain a 20-foot-wide utility easement consistent with the City's Master Street Plan (MSP) right-of-way corridor. The remaining narrow portion of the existing easement is proposed for vacation, as it is no longer required for utility access or placement. This adjustment will bring the parcel into conformance with the City's adopted design standards while maintaining full access for all utilities. The proposed vacation supports context -sensitive infill opportunities and advances the City's goals for attainable housing and smart growth consistent with City Plan 2040. Utility Coordination The proposed vacation will not interfere with any active utility infrastructure. All affected utility providers have been contacted for review and approval, including: • AT&T • Cox Communications • SWEPCO • Black Hills Energy • Ozarks Electric Cooperative • City of Fayetteville Water and Sewer Division 1 Alignment with City Plan 2040 • Infill and Revitalization: Promotes reinvestment within existing city limits using established infrastructure. • Discouraging Sprawl: Encourages inward development, reducing the need for new utility extensions. • Infrastructure Efficiency: Aligns with the City's Master Street Plan and ensures the remaining easement continues to serve essential public functions. Thank you for your time and consideration of this request. Please let me know if any additional information, documentation, or revisions are needed to support the review process. Sincerely, Guangyu Christina Zhu -Weaver 10/20/2025 Apple Lily Management LLC 2411 W Megan Drive Fayetteville, AR 72703 (518) 526-4395 1 gzhuwea@gmail.com VA PETITION TO VACATE A GENERAL UTILITY / WATER & SEWER EASEMENT LOCATED IN Lot 1, Quail Ridge Subdivision, 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 abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 1, Quail Ridge Subdivision, City of Fayetteville, Arkansas, a municipal corporation, hereby petition to vacate a general utility / water and sewer easement which is described as follows: Legal Description of Area to Be Vacated A portion of a twenty-five (25) foot wide utility easement, said easement lying west of and immediately adjacent to the east boundary of Lot One (1) of Quail Ridge Subdivision, as per the plat of said subdivision filed in Plat Book 10 at Page 51 of the Land Records of Washington County, Arkansas, said portion being vacated being more particularly described as follows: Commencing at the northeast corner of said Lot One (1), said point being a chiseled "X" in a concrete sidewalk; Thence N87°03'14"W 19.08 feet along the north line of said Lot One (1) to the true point of beginning of said easement to be vacated; Thence S02°42'54"W 148.01 feet to a point on the north line of an existing twenty-five (25) foot wide utility easement lying north of and immediately adjacent to the south boundary of said Lot One (1); Thence N87°02'36"W 6.54 feet along the north line of said easement to a point on the west line of an existing twenty-five (25) foot wide utility easement lying west of and immediately adjacent to the east line of said Lot One (1); Thence NO2°57'23"E 148.01 feet along the west line of said easement to a point on the north line of said Lot One (1); Thence S87°03'14"E 5.92 feet to the point of beginning, containing 922 square feet, more or less. Statement of Purpose That the abutting real estate affected by said abandonment of the easement is Lot 1, Quail Ridge Subdivision, City of Fayetteville, Arkansas (Parcel Address: 2411 W Megan Drive, Fayetteville, AR 72703), and that said easement has not been used by the public for a period of many years. The petitioners believe that the public interest and welfare will not be adversely affected by the abandonment of the portion of the above -described easement. The petitioners therefore respectfully pray that the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject to existing utility and sewer easements as required, and that the above -described real estate be used for the respective benefit and purpose of the abutting property owners as now approved by law. 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 and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and that as to that particular land, the owners be free from the easements of the public for the use of said easement. Dated this 20 Printed Name day of Oct , 20.25 Guangyu Zhu -Weaver Jesse Weaver Signature Y �& _L/ Lt/QCr�i2. K D O nDOA NO2'S7'17"E � o zp cozin <zxoni3DD A m c�ZA rozom��;zo vooD 172.93' O N A«A `anyz J�mtin m a a_ �oOm {�OOOz01z A njf m '�mOO S�s- CZiOmA�O�OD Z m� DA n m� do DyAm ZZOnyy (n Z�� { pZO� Oz-Oy1FA O_m��D�Hm� J ro ZpA -� D XD�Z zti mNxZ zoti J1� y �D JDD Z �.-. 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