HomeMy WebLinkAboutORDINANCE 5989113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 5989
File Number: 2017-0383
VAC 17-5867 (858 N. JACKSON ST./PURYEAR):
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Doc ID: 0176043t0004 Type: REL
Kind: o"DINANCE
Recorded: 08/23/2017 at 09:26:10 AM
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2017-00025930
AN ORDINANCE TO APPROVE VAC 17-5867 FOR PROPERTY LOCATED AT 858 NORTH
JACKSON DRIVE TO VACATE A PORTION OF A WATER AND SEWER 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 portion of the described water and sewer
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 a portion of a
water and sewer 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 relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. A corrected easement document shall be filed to replace the existing water and sewer easement proposed for
vacation.
Page 1 Printed on 812117
Ordinance: 5989
File, Number 2017-0383
PASSED and APPROVED on 8/1/2017
Attest:
';r iox';4
Sondra E. Smith, City Clerk Treasurer
�K`iltlIIfpir/
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FAYETTEVILLE;�} -
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Page 2 Printed on 8/2/17
VAC 17-5867 PI u RYEA R 17-5867
Close Up View I EXHIBIT W
n
LU
ROSINSWOOD UN
Subject Easement
[3
RSF-4
NORTH
Legend
Trail (Proposed)
�- - -� Feet RSF-4
�- - -' Planning Area
Fayetteville City Limits 0 35 70 140 210 280
Building Footprint 1 inch = 100 feet
17-5867
EXHIBIT'B"
Beginning at a point 119 feet Noah of the Southwest corner of tot 12 of Jackson
Heights Addition, running thence North of three (3) degrees fast a distance of
two hundred (200) feet to a point, thence North at four (d) degrees West a
distance of My (50) feet to the property rine dividing Lots i'rffy nine (59) and sixty
(60).
Washington County, AR
I certify this instrument was filed on
08123/2017 09:2610 AM
and recorded in Real Estate
File Number 20 - 025930
Kyle Sylvester r i k
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0383
Agenda Date: 8/1/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 1
VAC 17-5867 (858 N. JACKSON ST./PURYEAR):
AN ORDINANCE TO APPROVE VAC 17-5867 FOR PROPERTY LOCATED AT 858 NORTH
JACKSON DRIVE TO VACATE A PORTION OF A WATER AND SEWER 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 portion of the described water and
sewer easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: r
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of
a water and sewer 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 a. This vacation approval is subject to the following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. A corrected easement document shall be filed to replace the existing water and sewer
easement proposed for vacation.
City of Fayetteville, Arkansas Page 1 Printed on 8/2/2017
Andrew Garner
Submitted By
City of Fayetteville Staff Review Form
2017-t33
Legistar File ID
8/x./2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/14/2017 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
VAC 17-5867: Vacation (NORTH OF 858 N. JACKSON DR./PURYEAR, 447): Submitted by LAMB DEVELOPMENT, INC.
for property NORTH OF 858 N. JACKSON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 0.61 acres. The request is to vacate a portion of a water and sewer easement.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget I
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
V�
CITY O
FAYETTEVIL LE
ARKANSA
MEETING OF AUGUST 1, 2017
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: July 14, 2017
SUBJECT: VAC 17-5867: Vacation (NORTH OF 858 N. JACKSON DR./PURYEAR,
447): Submitted by LAMB DEVELOPMENT, INC. for property NORTH OF
858 N. JACKSON DR. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.61
acres. The request is to vacate a portion of a water and sewer easement.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of VAC 17-5867 with the following
conditions of approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. A corrected easement document shall be filed to replace the existing water and sewer
easement proposed for vacation.
BACKGROUND:
The undeveloped property contains 0.61 acres and is located at 858 N. Jackson Drive, which is
about a quarter -mile northeast of the intersection of Mission Boulevard and Rockwood Trail. The
property is zoned RSF-4, Residential Single-family, 4 units per acre.
Proposal: The applicant proposes vacation of an existing 10 -foot water and sewer easement to
allow for dedication of an alternative water and sewer easement that is accurately positioned over
an on-site 8 -inch water main. This will also make development of the property for a single-family
home more feasible.
DISCUSSION:
On July 10, 2017 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 7-0-0.
Mailing Address:
113 W. Mountain Street www.fayetteviJle-ir.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Application
■ Planning Commission Staff Report
VAC 17-5867 P U R"YEA R
Close Up View
v
w
0
w
R08INSwOOD LN
Subject Easement
RSF-4
Legend
Trail (Proposed)
Planning Area Feet
Fayetteville City Limits 0 35 70 140 210 280
Building Footprint 1 inch = 100 feet
17-5867
EXHIBIT 'A'
,J&
NORTH
RSF-4
17-5867
EXHIBIT 'B'
ileginning at a point 119 feet north of the Southwest corner of Lot 12 of Jackson
Heights Addition, running thence North at three (3) degrees East a distance of
two hundred (200) feet to a point, thence booth at four (4) degrees West a
distance of fifty (50) feet to the property line dividing Lots fifty nine (59) and sixty
(60).
CITY OF FAYETTEVILLE, ARKANSAS
Right -of -Way, Easement or Alley
VACATION
FOR STAFF USE ONLY FEE: $200.00
Dole Application Submitted Sign Fee: $5.00
Date Accepted as Complete: S -T -R:
Project Number: � 0 PPY:
Public Hearing Date: Zone:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished.
Applicatitnn:
Indicate one contact person for this request:
Applicant (person making request):
Name:'R —P!t9C eAOA
Applicant Representative
Address: V �Cl�(l�up t SE. Z
r
Phone: (•'Q?9)
1'.raiaill '-e
Fax: [ �q /q • 3 30
Site Address / Location: N.
Representative (engineer, surveyor, realtor, etc.):
Name: llellckt"t Z'Uo h
Z—A±0 476y, 4 -
Address: 2vp PJDx �i
Phone: f 4 1 ?10- y1002- y
Email. r'i f'4Zt` r + i .t+Lt lisr✓L l'Gc�t i urt y • caiv)
Fax: ( )Fax: ) 4114–
I
Legal description of area to be vacated (attach separate sheet if necessary):
5
3AC(C
i
Current Zoning District: le– S F–
Assessors Parcel Number(s) for subject property:
FINANCIAL INTERESTS
745 - 0605Z-000
The following entities and / or people have financial interest in this project:
Q
May 2017
Page 1
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect of false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval.
Name (printed):
Dale: S"61
PROPERTY OWNER(S) /AUTHORIZED AGENT: Uwe certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. 1IJ sired by flrc+ arrthorizetl grcrrl a fetter rar<�a errc+h ilruErr^rtt' nss+iacrr rrrtrsl lr¢rrnuirlerl Fi►t(ictrtlat$ lI1ltt
the agent is authorized to art on his/her behalf',}
Owners (attach additional info if necessarv):
r
Name (printed) -
Si
,grialure:
rinted)-Signature:
Date:
Name (printed):
Si
D"It.e:
Vacation Checklist:
Address: 7� '3;",,rII�.It( [.. t , Z
imlf4✓Rr- dZ
Phone: (470h 530 - tv5l
Address:
Phone: ( )
Attach the following items to this application: _
(1) Payment in full of applicable fees for processing the application:
$200.00 application fee _
$5.00 public notification sign fee
Metes and bounds legal description of the area to be vacated, not the entire property (this
may be included on the survey plat).
(3) Survey of the site depicting the perimeter property lines and area within the property to be
vacated:
I% (4) CD containing a copy of the legal description in MS Word and PDF copies of the signed
application and all other items submitted with this project.
(5) A surveyor should stake the area on the site to be vacated for utility company review on
their site visit.
/(6) A letter addressed to the Planning Commission and City Council -describing the scope,
nature, and intent of the request,
i) Abstractor's Certificate of Ownership stating names ol'all owners of property adjacent to
j� the street right-of-way, alley, or easement to be vacated (this document is obtained from a
title company).
X (8) A copy of the county parcel map from the Washington County Assessor's office or Isom the
Washington County website (www.co.%VWiinvton.arVs). The subject property and all
adjacent parcels should be identified on this parcel map. The owner's name, ollicial mailing
1 address, and the parcel number for every adjacent property shall be shown on this map.
I
49) Petition to vacate street right-of-way, alley; or easement (sample petition is attached).
X (10) For applications to vacate an access easement, alley or right-of-way only: Written consent
is required from all adjacent property owners and is required to be submitted with the
application (example form is attached).
(11) Comments from all utility companies concerning the street right-of-way, alley, or
easement to be vacated and its relationship to existing or planned utilities with
recommendations as to what action should be taken (an example comment form is
attached) is required at application submittal.
(12) The applicant is responsible for meeting the public notification requirements for a
Vacation listed on the Notification Requirements pages in this application.
Utilitv Representatives for a Vacation Request *
Name
Company
Telephone
Email
Jeff Hamilton
- AT&T
442-1967
jh5430@att.com
Chad 13odge
Cox Communications
871-0339
Chad.Hodge@cox.com
John Le
AEPlSWEPCO
973-2426
the@aep.com
Scott Stokes Black Hills Corp.
435-0229 Scott.Stokes@blackhillscorp.com
Wes Mahaffey Ozarks Electric
684-4649 wmahaffeycr ozarksece.com
Or
Transportation
Mike Phipps
684-4696 mphipps{ei ozarksecc.com
City Divisions:
Mark Rogers Water and Sewer
575-8392 mrogers@fayetteville-ar.gov
Maury Nelson
Solid Waste
575-8397
mnelson@fayetteville-ar.gov
Terry Gulley
Transportation
444-3491
tgulley@fayetteville-ar.gov
*Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage
Easement Vacation is being requested.
May 2017
Page 3
I wg"
CITY OF
FAYETTEVILLE
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jonathan Curth, Senior Planner
July 10, 2017 (Updated with Planning Commission Results)
SUBJECT: VAC 17-5867: Vacation (858 N. JACKSON ST./PURYEAR 447):
Submitted by LAMB DEVELOPMENT & CONSULTING for properties at
858 N. JACKSON ST. This property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE, and contain approximately 0.62
acres. The request is to vacate a water and sewer easement.
RECOMMENDATION:
Staff recommends forwarding VAC 17-5867 to City Council with a recommendation for approval
with conditions.
BACKGROUND:
The subject property totals approximately 0.62 acres located on the east side of East Jackson
Drive, between North Jackson Drive and Rockwood Trail to the north and south respectively. The
property is currently zoned RSF-4, Residential Single-family, 4 Units per Acre and undeveloped.
The entirety of the property is within the Hillside -Hilltop Overlay District, with an approximately
30% slope downward from Jackson Drive towards the north. An existing 10 -foot water and sewer
easement bisects the property from north to south (see attached exhibit) and is paralleled by an
8 -inch water main that sits outside of the easement. Surrounding land use and zoning is depicted
in Table 1.
Table 1
Surrounding Zoning and Land Use
Direction
North T_____
Land Use
Single-family Residential
Zoning
RSF-4, Residential Single-family, 4 Units per Acre
South
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
East
Undeveloped
RSF-4, Residential Single-family, 4 Units per Acre
West
Single-family Residential
j RSF-4, Residential Single-family, 4 Units per Acre
Proposal: The applicant proposes vacation of an existing 10 -foot water and sewer easement to
allow for dedication of an alternative water and sewer easement that is accurately positioned over
an on-site 8 -inch water main. This will also make development of the property more feasible.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments, with the following responses:
Utility
Response
Cox Communications
N/A
AEP/SWEPCO
N/A
BlackHills Energy AR
N/A
AT&T
N/A
Ozarks Electric
N/A
City of Fayetteville
Response
Water/Sewer
No objections
Solid Waste & Recycling
N/A
Transportation
N/A
Public Comment:
No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 17-5867 to the City Council with a
recommendation for approval subject to the following
conditions:
Conditions of Approval:
1. Any relocation of or damage to existing
utilities or existing facilities shall be at the
owner/developer's expense; and
2. A corrected easement document shall be
filed to replace the existing water and sewer
easement proposed for vacation.
Planning Commission Action: ® Forwarded
Meeting Date: July 110, 2017
Motion: Belden
Second: Scroggin
Vote: 7-0-0
GAETC\Development Services Review\2017\Development Review\17-5867
VAC N. of 858 N. Jackson St. (Puryear) 447\03 Planning Commission\07-10-2017
BUDGET/STAFF IMPACT:
None.
Attachments:
• Request Letter
• Petition to Vacate
• Utility Approvals
• Easement Vacation Exhibit
• One Mile Map
• Close Up Map
• Current Land Use Map
GAETC\Development Services Review\2017\Development Review\17-5867
VAC N of 858 N Jackson St (Puryear) 447\03 Planning Commission\07-10-2017
LAMB
DEVELOPMENT + CONSULTING
June 14, 2017
City of Fayetteville - Planning Commission & City Counsel
113 W Mountain Street
Fayetteville, AR 72701
VAC 17-5867
Request Letter
Re: N. Jackson Drive. - Vacation of Water / Sewer Easement
Commissioners & Counsel Members,
LAMB Development + Consulting and Mr. Coy Puryear (owner) are hereby
requesting a vacation of the water / sewer easement recorded at book
523 and page 297 in Washington County (attached.) Upon survey of the
subject property it was found that the existing water line does not reside
within the recorded easement. A corrected easement document shall be
filed to replace that being vacated.
Thank you for your time and consideration of this request.
Sincerely,
Richie Lamb
PO Box 4763 FAYETTEVILLE, AR 72702
479.790.7902
W WW,FAYETrEVILLELANDCOMPANY.COM
VAC 17-5867
Petition to Vacate
Petition to vacate an easement located in Lot 13, Jackson Heights Addition to
the 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 13,
Jackson Heights Addition to the City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate that part of the below described easement
which lies upon Lot 13.
Beginning at a point 119 feet North of the Southwest corner of Lot 12 of Jackson
Heights Addition, running thence North at three (3) degrees East a distance of
two hundred (200) feet to a point, thence North at four (4) degrees West a
distance of fifty (50) feet to the property line dividing Lots fifty nine (59) and sixty
(60).
That the abutting real estate affected by said abandonment of the easement
are Lot 13, Jackson Heights Addition to the City of Fayetteville, Arkansas 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 pray that the City of Fayetteville, Arkansas, abandon and vacate
the above-described real estate 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
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 utility and sewer easement, and that title to said real estate sought to
be abandoned be vested in Lot 13, Jackson Heights Addition to the City of
Fayetteville, Arkansas 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 easement.
Dated this 'd
15ay of _ `�� 20_fj_.
Scott V Puryear
VAC 17-5867
Utility Approval(s)
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: r
UTILITY COMPANY: !tet/Ac tin tL 50-W,01 r5G41-11A S
APPLICANT NAME: APPLICANT PHONE: T'1 ' ' Ca575l
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
C Street right-of-way
I have been notified of the petition to vacate the tbllowing (alley, easement, right-of-way), described as follows:
General location / Address /t/,
2&C SK 6&0
Cil (ATTACH legal description and graphic representation of what is being vacate(/ -SURVEY)
UT/U.,ITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above; provided following described easements are retained. .
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
Signature % 'Utility Coi l ay Representative
I ille
,Nqv 2017
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AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of-
CITY
£
CITY OF FAYETTEVILLE
Ord. 5989
Was inserted in the Regular Edition on:
August 10, 2017
Publication Charges: $ 97.50
46jixj:D e aj2_c_&_
Karen Caler
Subscribed and sworn to before me
This J+ day of (&k , 2017.
J
Notary Public
My Commission Expires:
CATij,t WILES
B Orl c0u?lly i 4 V
1 u.uY Public I C >
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
AUG 18 2017
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 5989
File Number: 2017-0383
VAC 17-5867 (858 N. JACKSON
ST./PURYEAR):
AN ORDINANCE TO APPROVE VAC
17-5867 FOR PROPERTY LOCATED AT
858 NORTH JACKSON DRIVE TO
VACATE A PORTION OF A WATER
AND SEWER 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 portion of the
described water and sewer easement is not
required for corporate purposes.
NOW, THEREFORE, BE 1T 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 a
portion of a water and sewer 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 relocation of or damage to existing
utilities or existing facilities shall be at the
owner/developer's expense; and
2. A corrected easement document shall be
filed to replace the existing water and sewer
easement proposed for vacation.
PASSED and APPROVED on 8/1/2017
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74229737 Aug. 10, 2017