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Home My WebLink AboutORDINANCE 6151113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6151 File Number: 2019-0054 VAC 18-6475 (3024 N. OAK BAILEY RD./ACREY): II II II IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII �I IIIIIIIIIIII Doc ID: 018454440003 Type: REL Kind: ORDINANCE Recorded: 02/26/2019 at 09:40:17 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2019-00005033 AN ORDINANCE TO APPROVE VAC 18-6475 FOR PROPERTY LOCATED AT 3024 NORTH OAK BAILEY ROAD TO VACATE A PORTION OF A 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 a 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 a portion of a 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 2/5/2019 Attest: \+J%MMN--w 'N' o �- IN- / V .•.. 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S0� 3 A�AS.SO N 1 MSLA Irv44ro,tf 3 OVO»A3lIVBNVO (9) E) i RYtl3dR 62 J" G w p�LL 18-6475 EXHIBIT 'B' PROPOSED EASEMENT VACATION: A PART OF LOT NUMBERED ELEVEN (11), IN BLOCK NUMBERED SIX (6), IN HUNTINGDON SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN UPON THE RECORDED PLAT THEREOF ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S88013'42"E 15.04' AND N06005'4511E 15.04' FROM THE SOUTHWEST CORNER OF SAID LOT 6, THENCE CONTINUING N06005'45"E 5.01', THENCE S88°13'42"E 92.84', THENCE S02°56'11 "W 5.00', THENCE N88013'42"W 93.11' TO THE POINT OF BEGINNING. CONTAINING 13244.10 SQ., MORE OR LESS. Washington County, AR I certify this instrument was filed on 02/26/2019 09:40:17 AM and recorded in Real Estate File Number 20190005033 Kyle Sylvester - it u erk r- by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 j (479) 575-8323 Text File - - File Number: 2019-0054 Agenda Date: 2/5/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 9 VAC 18-6475 (3024 N. OAK BAILEY RD./ACREY): AN ORDINANCE TO APPROVE VAC 18-6475 FOR PROPERTY LOCATED AT 3024 NORTH OAK BAILEY ROAD TO VACATE A PORTION OF A 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 a 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 a portion of a 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 2/7/2019 City of Fayetteville Staff Review Form 2019-0054 Legistar File ID 2/5/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 1/18/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 18-6475: Vacation (3024 N. OAK BAILEY RD./ACREY, 254): Submitted by BLEW & ASSOCIATES, INC. for property located at 3024 N. OAK BAILEY RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of the general utility easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title I Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF _ FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 5, 2019 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: January 18, 2019 SUBJECT: VAC 18-6475: Vacation (3024 N. OAK BAILEY RD./ACREY, 254): Submitted by BLEW & ASSOCIATES, INC. for property located at 3024 N. OAK BAILEY RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of the general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 18-6475 as shown in the attached Exhibits 'A' and 'B' and with the following condition of approval: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is located on the east side of North Oak Bailey Drive, about 500 feet north of its intersection with Old Wire Road. The property was platted with the Huntingdon Subdivision in 1979 and is currently developed with a single-family home built in 1985. As part of the Huntingdon final plat, utility easements were dedicated along every boundary of the property, ranging from 10 to 20 feet in depth. Proposal: The applicant proposes to vacate a portion of the existing 20 -foot utility easement that parallels the property's southern boundary, totaling approximately 339.6 square feet (see attached exhibit). DISCUSSION: At the January 13, 2019 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Exhibit A • Exhibit B • Planning Commission packet W ry '^�r' Z) U) z _0 U D W 1~ryo 1 z 5W L W U) / Q W M C r X W O�u�n �i Tij�� •S�� yti F_a�ue�rs-4� ;�E .. a �rc saw sow° .t - io�go43< �JLL� ani N I N s$wLL� c� oms -E5si w«LL 5 3�� u` C f o Fq 1lG.00 sol Ma1'.co.00s 1��"—'—•� N � fud alrfal ri.i�as. I IIS � •.. . __._n_„-,-,.(wl n'S•113.;>.SM1•Jp V' _ o �`d?'A3lllfg 31yo n O 2 /o � a g � . ��LL N LLja c� C f o Fq u IIS � •.. . __._n_„-,-,.(wl n'S•113.;>.SM1•Jp V' _ o �`d?'A3lllfg 31yo n O 2 /o � a g � . ��LL 18-6475 EXHIBIT 'B' PROPOSED EASEMENT VACATION: A PART OF LOT NUMBERED ELEVEN (11), IN BLOCK NUMBERED SIX (6), IN HUNTINGDON SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN UPON THE RECORDED PLAT THEREOF ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S88013'42"E 15.04' AND N06005'45"E 15.04' FROM THE SOUTHWEST CORNER OF SAID LOT 6, THENCE CONTINUING N06005'45"E 5.01', THENCE S88013'42"E 92.84', THENCE S02-56-1 1"W 5.00', THENCE N88013'42"W 93.11' TO THE POINT OF BEGINNING. CONTAINING 13244.10 SQ., MORE OR LESS. CITY OF k� FAYETTEVILLE PLANNING COMMISSION MEMO .€,. =,'...°' ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: January 14, 2019 (Updated with Planning Commission Results) SUBJECT: VAC 18-6475: Vacation (3024 N OAK BAILEY RDJACREY, 254): Submitted by BLEW & ASSOCIATES, INC. for property located at 3024 N. OAK BAILEY RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 18-6475 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 18-6475 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located on the east side of North Oak Bailey Drive, about 500 feet north of its intersection with Old Wire Road. The property was platted with the Huntingdon Subdivision in 1979 and is currently developed with a single-family home built in 1985. As part of the Huntingdon final plat, utility easements were dedicated along every boundary of the property, ranging from 10 to 20 feet in depth. Surrounding land uses and zoning are depicted in Table 1. Surroundi Direction Land Use North Single-family Residential South Undeveloped East Single-family Residential West I Single-family Residential Table 1 Land Use and Zonin Zoning_ RSF-4, Residential Single-family 4 Units perAcre RSF-4, Residential Single-family 4 Units per Acre RSF-4, Residential Single-family 4 Units per Acre RSF-4, Residential Single-family 4 Units per Acre Proposal: The applicant proposes to vacate a portion of the existing 20 -foot utility easement that parallels the property's southern boundary, totaling approximately 339.6 square feet (see attached exhibit). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: Planning Commission January 14, 2019 Agenda Item 3 18-6475 Acrey Page 1 of 9 Utility Response Cox Communications No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. AEP/SWEPCO No objections and no comment. BlackHills Energy AR No objections and no comment. AT&T No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. Ozarks Electric No objections and no comment. Cily of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste & Recycling Not applicable. Transportation Not applicable. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 18-6475 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; PLANNING COMMISSION ACTION: Required YES JDate: JaIlUary. 14 2019 O Tabled M Forwarded O Denied Motion: Belden, on the consent agenda with all conditions as recommended by staff. Second: Autry Vote: 8-0-0 Planning Commission G:\ETC\Development Services Review\2018\Development Review\18-6475 VAC January 14, 2019 3024 N. Oak Bailey Rd. (Acrey) 254\03 Planning Commission\01-14-2019 Agenda Item 3 18-6475 Acrey Page 2 of 9 BUDGET/STAFF IMPACT: None Attachments: O Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission GAETC\Development Services Review\2018\Development Review\18-6475 VAC January 14, 2019 3024 N. Oak Bailey Rd. (Acrey) 254\03 Planning Commission\01-14-2019 Agenda Item 3 16-6475 Acrey Page 3 of 9 Blew ^ssoci ates P.A. Civil Engineers Professional Land Surveyors VAC 18-6475 Request Letter City of Fayetteville Planning Department Ito Easement Vacation 3024 N Oak Bailey Dr Fayetteville, AR Parcel 765-06569-000 To Whom It May Concern, 3825 N Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 October 31, 2018 Our Client, Cash Acrey is requesting a vacation of the north five (5) feet of an existing twenty (20) foot utility easement along the southern boundary of his land located at 3024 N Oak Bailey Dr., Fayetteville AR (Lot 6, Block 11, Huntingdon Subdivsion). If you have any additional questions or comments feel free to contact our office. Sincerely, Wes Luker Project Manager Blew & Associates, P.A. Planning Commission January 14, 2019 Agenda Item 3 18-6475 Acrey Page 4 of 9 VAC 18-6475 Petition to Vacate PETITION TO VACATE A (portion of an existing utility easement) LOCATED IN (lot 11, block 6, Huntingdon 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 utility easement hereinafter sought to be abandoned and vacated, lying in (lot 11, block 6, Huntingdon subdivision), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of an existing utility easement which is described as tollows- A PART OF LOT NUMBERED ELEVEN (11), IN BLOCK NUMBERED SIX (6), IN HUNTINGDON SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN UPON THE RECORDED PLAT THEREOF ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S88013'42"E 40.11' AND N06°05'45"E 15.04' FROM THE SOUTHWEST CORNER OF SAID LOT 6, THENCE CONTINUING N06005'45"E 5.041, THENCE S88013'42"E 67.77', THENCE S02°56111"W 5.001, THENCE N88013'42"W 68.04' TO THE POINT OF BEGINNING. CONTAINING' 339.52 SQ. FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the above described utility easement are (parcels 765-16035-001 & 765-16035-000) 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 utility 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 real estate, 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 Dated this day of _ F �� •= 20 Printed Name Signature `. r Printed Name Signatui-e _ Planning Commission January 14, 2019 Agenda Item 3 18-6475 Acrey Page 5 of 9 W ry rZ) �./ Z _0 U Z) r) LU LZ Z W rW V ) W 5 •n: „iYge�r �SA3lryg �0 U Planning Cum rsmon January 14 2019 Agenda [em 3 18.6475 Acnoy Ratd 6 of 9 Lb— O as�j�„< y i6 YAK �iF� w3 W MSI :�o•>o� m.�uK.mS U5 �z Lm rc Wa a_w U 'WIT OS m� oar y�4 s �N 8<;e 8 < T a W J •n: „iYge�r �SA3lryg �0 U Planning Cum rsmon January 14 2019 Agenda [em 3 18.6475 Acnoy Ratd 6 of 9 Lb— O as�j�„< y i6 YAK �iF� w3 MSI :�o•>o� m.�uK.mS Lm rc Wa a_w 'WIT OS m� oar y�4 s �N 8<;e 8 < T a •n: „iYge�r �SA3lryg �0 U Planning Cum rsmon January 14 2019 Agenda [em 3 18.6475 Acnoy Ratd 6 of 9 Lb— O MSI :�o•>o� m.�uK.mS •n: „iYge�r �SA3lryg �0 U Planning Cum rsmon January 14 2019 Agenda [em 3 18.6475 Acnoy Ratd 6 of 9 Agenda Item 3 16-6475 Acrey Page 7 of 9 VAC18-6475 ACREY Close Up View Fsubject Property j RSF-4 STRAWBERRY DR w m a 0 NORTH 0 Legend Feet RSF-4 Planning Area Fayetteville City Limits 0 20 40 80 120 160 Building Footprint 1 inch = 60 feet Agenda Item 3 18-G475 Acrey Page 9 of 9 RECEIVED MAR 0 4 2019 NORTHwEsTARKANSA&OF FAY CLERKES OFFIICEE vemocraVi.�Vmi G ,-jX 14"0i 1'vYFqE':IL,:,[.Ajl . r11701 7 4 _:2 1if) 'tN :.'i,".'. '!'::rai.:i.. 0€+: AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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 OF FAYETTEVILLE Ord. 6151 Was inserted in the Regular Edition on: February 21, 2019 Publication Charges: $ 84.50 Gqtw_Sfzw� Cathy Staggs Subscribed and sworn to before me This.2-7day ofd , 2019. 17 C�7, Notary Public My Commission Expires: 210 4•.T HY WfLwS rirkanS[ts • r�erl!€In C-tI� :++ filliaryr AtlI1(iC • G[]ifiir€l� AV Carnrth' ,n a.':fli%� **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6151 File Number: 2019-0054 VAC 18-6475 (3024 N. OAK 13AILEY RD./ACREY): AN ORDINANCE TO APPROVE VAC 18- 6375 FOR PROPERTY LOCATED AT 3024 NORTH OAK BAILEY ROAD TO VACATE A PORTION OF A UTILITY EASEMENT WI IEREAS, the City Council has the authority under A.0 A. § 14-54-104 to vacate public grounds or portions thercol'which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a utility casement 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 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: Phis vacation approval is subject to the condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developers expense. PASSED and APPROVED on 2/5/2019 Approved: Lioneld B, Jordan, Mayor Attest' Lisa Branson, Deputy City Clerk 74844895 Fcb.21,2019