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HomeMy WebLinkAboutOrdinance 7044Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7044 File Number: 2026-3532 AN ORDINANCE TO APPROVE VAC-26-13 FOR PROPERTY LOCATED AT 2360 AND 2562 SOUTH MAGNIFICENT LOOP IN WARD 1 TO VACATE 3,958.66 SQUARE FEET 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 portions of general utility easement are 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 portions of general utility easement as described in Exhibit B attached to the agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A, the legal description attached as Exhibit B, and the survey attached as Exhibit C to the agenda memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation is subject to the condition that any damage or relocation of any existing facilities will be at the property owner’s expense. PASSED and APPROVED on October 20, 2026 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: $110.96 Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 DE R B Y L N ONEIDA DR MEM O RY BND M A G N I F I C E N T L O OP TRITON ST SL I P P E R AV E M A G N I F I C E N T L O O P RSF-4 NC R-A Unclassified Hillside-Hilltop Overlay District Fayetteville City Limits Trail (Proposed) Close Up View VAC-2026-0013 2360 & 2562 S MAGNIFICENT LOOP N 0 150 300 450 60075 Feet Subject Property 1:2,400 Subject Property EXHIBIT A Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 LEGAL DESCRIPTION: (LOT 29 UTILITY EASEMENT VACATION) A part of Lot 29 of The Preserve at Stonebridge Phase 1 in Fayetteville, Arkansas, as per File #2026SP-335 recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said Lot 29, thence S04°36'29"E 32.75 feet to the Point of Beginning; thence S04°36'29"E 4.97 feet, thence N86°12'02"W 121.28 feet, thence along a curve to the left 18.98 feet, said curve having a radius of 196.00 feet and a chord bearing and distance of N01°53'28"W 18.98 feet, thence N04°39'56"W 0.40 feet, thence S79°30'38"E 123.33 feet to the Point of Beginning; Containing 1,461.75 square feet more or less. LEGAL DESCRIPTION: (LOT 140 UTILITY EASEMENT VACATION) A part of Lot 140 of The Preserve at Stonebridge Phase 2 in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said Lot 140 thence along a curve to the left 59.14 feet, said curve having a radius of 176.00 feet and a chord bearing and distance of S76°16'51"W 58.87 feet, thence N23°20'45"W 15.00 feet to the Point of Beginning; thence along a curve to the left 35.97 feet, said curve having a radius of 191.00 feet and a chord bearing and distance of S61°15'30"W 35.92 feet, thence N84°55'09"W 99.31 feet, thence N44°18'57"W 30.72 feet, thence S84°55'09"E 152.48 feet to the Point of Beginning; Containing 2,496.91 square feet more or less. EXHIBIT B Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 SS-8 EX SS-8 EX SS-8 EX SS-8 EX SS-8 EX SS-8 EX SS-8 EX SS-8 EX R/ W R/ W R / W R/ W R/ W R/ W R/ W R/ W R / W R / W R/W SS - 8 S S - 8 E X S S - 8 E X WL - 8 E X WL - 8 E X WL - 8 E X W L - 8 E X W L - 8 E X N73°5 6 ' 2 5 " W 1 3 4 . 1 0 ' S1 5 ° 5 9 ' 2 9 " W 7 0 . 8 6 ' N85°20'04"E 139.08' N04°39'56"W 0.91' L=63.66' R=176.00' C S . M A G N I F I C E N T L O O P 52' R/W 26' 6.63' S79°30'38" E 1 2 3 . 3 3 ' N86°12'02"W 131.17' N04°39'56"W 0.40' L=18.98' R=196.00' NE CORNER LOT #29 P.O.B. 3 2 . 7 5 ' S 0 4 ° 3 6 ' 2 9 " E 3 2 . 7 5 ' EXISTING U.E. TO BE VACATED (1,461.75 S.F.) EX. 20' U.E. EX. 20' U.E. EX. 20' U.E. 26' 4.97' L 29 30 28 CAZJULY 16, 2026DATE: Lot 29 of The Preserve at Stonebridge, Phase 1 Utility Easement Vacation SCALE:1"=30'DRAWN BY:DATE REVISED CHECKED BY:BJR Z:\SUBD\2021018\EASEMENT VACATION LEGAL DESCRIPTION: (LOT 29 UTILITY EASEMENT VACATION) A part of Lot 29 of The Preserve at Stonebridge Phase 1 in Fayetteville, Arkansas, as per File #2026SP-335 recorded in the office of the Circuit Cerk and Ex-Officio Recorder of Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said Lot 29, thence S04°36'29"E 32.75 feet to the Point of Beginning; thence S04°36'29"E 4.97 feet, thence N86°12'02"W 121.28 feet, thence along a curve to the left 18.98 feet, said curve having a radius of 196.00 feet and a chord bearing and distance of N01°53'28"W 18.98 feet, thence N04°39'56"W 0.40 feet, thence S79°30'38"E 123.33 feet to the Point of Beginning; Containing 1,461.75 square feet more or less. JORGENSEN +ASSOCIATES A BLEW COMPANY  N SKLORK 'U )D\HWWHYLOOH A5  OIILFH  VXSSRUW#EOHZLQFFRP STREET RIGHT-OF-WAYR/W CENTERLINE STREET UTILITY EASEMENT UTILITY EASEMENT TO BE VACATEDSET IRON PIN & CAP CALCULATED POINT BOUNDARY LINE EXISTING SEWER MANHOLELE G E N D EXISTING 8" WATERLINEWL-8 EX EXISTING 8" SEWER LINESS-8 EX GIS Approved 08/31/2026 Exhibit C Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 S S - 8 E X S S - 8 E X S S - 8 E X S S - 8 E X S S - 8 E X SS-8 EX SS-8 EX SS-8 EX SS-8 EX SS-8 EX SS-8 EX R/W EX. 20' U.E. SS - 8 E X SS - 8 E X R/W R/WR/W R/W R/W R/W WL-8 E X WL-8 E X WL-8 E X WL-8 E X WL-8 E X DRAINAGE EASEMENT 140 NON-BUILDABLE DETENTION POND 96 95 125 EXISTING U.E. TO BE VACATED (2,496.91 S.F.) EX. 20' U.E. L P.O.B. SE CORNER LOT #140 C S. M A G N I F I C E N T L O O P N84°55'09"W 99.31' S84°55'09"E 152.48' S23°20'45"E 15.00' N44°18'57"W 30.72' L=35.97' R=191.00' L =9 3 .3 5 ' R =1 7 6 .0 0 ' L =5 9 .1 4 ' R =1 7 6 .0 0 'N 5 2 ° 1 5 ' 4 6 " W 2 0 7 . 5 0 ' S 0 4 ° 0 5 ' 3 0 " E 1 3 7 . 1 0 ' S23°20'45"E 15.00' S23°20'45"E 15.00' EX. 20' U.E. 2006-40313 52' R/W 26' 26' STREET RIGHT-OF-WAYR/W CENTERLINE STREET UTILITY EASEMENT UTILITY EASEMENT TO BE VACATEDSET IRON PIN & CAP CALCULATED POINT CAZJULY 16, 2026DATE: Lot 140 of The Preserve at Stonebridge, Phase 2 Utility Easement Vacation SCALE:1"=40'DRAWN BY:DATE REVISED CHECKED BY:BJR Z:\SUBD\2021018\EASEMENT VACATION JORGENSEN +ASSOCIATES A BLEW COMPANY  N SKLORK 'U )D\HWWHYLOOH A5  OIILFH  VXSSRUW#EOHZLQFFRP BOUNDARY LINE EXISTING SEWER MANHOLELE G E N D LEGAL DESCRIPTION: (LOT 140 UTILITY EASEMENT VACATION) A part of Lot 140 of The Preserve at Stonebridge Phase 2 in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Cerk and Ex-Officio Recorder of Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said Lot 140 thence along a curve to the left 59.14 feet, said curve having a radius of 176.00 feet and a chord bearing and distance of S76°16'51"W 58.87 feet, thence N23°20'45"W 15.00 feet to the Point of Beginning; thence along a curve to the left 35.97 feet, said curve having a radius of 191.00 feet and a chord bearing and distance of S61°15'30"W 35.92 feet, thence N84°55'09"W 99.31 feet, thence N44°18'57"W 30.72 feet, thence S84°55'09"E 152.48 feet to the Point of Beginning; Containing 2,496.91 square feet more or less. EXISTING 8" WATERLINEWL-8 EX EXISTING 8" SEWER LINESS-8 EX GIS Approved 08/31/2026 Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-3532 MEETING OF OCTOBER 20, 2026 TO: Mayor Rawn and City Council THROUGH: Jennifer Walker, Chief of Staff FROM: Britin Bostick, Interim Development Services Director SUBJECT: VAC-2026-0013: Vacation (2360 & 2562 S Magnificent Loop, 646): Submitted by BLEW & ASSOCIATES for 2360 & 2562 S MAGNIFICENT LOOP. The property is zoned RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 32.02 acres. The request is to vacate a total of 3,958.66 square feet of General Utility Easement. RECOMMENDATION: Staff recommends approval of VAC-2026-0005 as shown in the attached Exhibits 'A' and 'B' and with the following conditions: 1. Any damage or relocation of any existing facilities will be at the property owner's expense. BACKGROUND: The subject property is located in south-east Fayetteville, south of the Stonebridge Meadows Golf Club. The subject property is scheduled to be developed with single-family homes, and is zoned RSF-4, Residential Single-Family, Four Units Per Acre. During the construction of utilities for the subdivision, sewer lines and easements were relocated from the easement portions requested for vacation, and are not expected to be needed in the future. One of the easements crosses a lot where a single-family structure is proposed and is otherwise ready for a building permit. The subject property is not within any overlay districts. Request: The applicant is requesting to vacate two portions of an existing general utility easement totaling 3,958.66 square feet. The first portion is 1,461.75 square feet of general utility easement across lot 29 in The Preserve at Stonebridge, Phase 1. The second portion is 2,496.91 square feet of general utility easement across lot 140 in The Preserve at Stonebridge, Phase 2. DISCUSSION: City staff recommends approval of the requested utility easement vacation. All relevant utility providers have submitted written consent with no objections. Staff recommends approval subject to the single condition outlined above. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Exhibit C - Survey, 7. Request Letter, 8. Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Petition to Vacate Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-3532 AN ORDINANCE TO APPROVE VAC-26-13 FOR PROPERTY LOCATED AT 2360 AND 2562 SOUTH MAGNIFICENT LOOP IN WARD 1 TO VACATE 3,958.66 SQUARE FEET 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 portions of general utility easement are 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 portions of general utility easement as described in Exhibit B attached to the agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A, the legal description attached as Exhibit B, and the survey attached as Exhibit C to the agenda memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation is subject to the condition that any damage or relocation of any existing facilities will be at the property owner’s expense. Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 10/6/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-3532 Item ID 10/6/2026 City Council Meeting Date - Agenda Item Only VAC-2026-0013: Vacation (2360 & 2562 S Magnificent Loop, 646): Submitted by BLEW & ASSOCIATES for 2360 & 2562 S MAGNIFICENT LOOP. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 32.02 acres. The request is to vacate a total of 3,958.66 square feet of General Utility Easement. N/A for Non-Agenda Item Action Recommendation: Submitted By Britin Bostick DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 JORGENSEN 3825 N Shiloh Dr. Fayetteville, AR Office: 1-888-933-2111 support@blewinc.com +ASSOCIATES A BLEW COMPANY July 15, 2026 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Easement Vacation for The Preserve at Stonebridge On behalf of Taba20 LLC, we respectfully request the vacation of a portion of an existing utility easement located on Lot 29 of The Preserve at Stonebridge Phase 1 and Lot 140 of The Preserve at Stonebridge Phase 2. The existing utility easement, recorded as Instrument No. 2006-00040313, was dedicated for a sanitary sewer line. However, portions of the sewer line were ultimately constructed outside the limits of the recorded easement. To address this, additional utility easements were dedicated with the Final Plats for The Preserve at Stonebridge Phases 1 and 2 to encompass the sewer line as constructed. Accordingly, the portions of the original utility easement that no longer contain public utilities are no longer needed. The purpose of this request is to vacate those unused portions of the existing utility easement. We thank you for your consideration of this request. Please contact us with any questions you may have. Sincerely; _____________ Charles A. Zardin Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849 Docusign Envelope ID: 939FABA1-7EE7-867A-811B-3E8008FD2849