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Home My WebLink AboutORDINANCE 6264.S L 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6264 File Number: 2019-0796 VAC 19-6883 (1523 E. ELMWOOD DR./FAUCETTE): I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 018967980004 Type: REL Kind: ORDINANCE Recorded: 12/20/2019 at 03:38:24 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2019.00039163 AN ORDINANCE TO APPROVE VAC 19-6883 FOR PROPERTY LOCATED 1523 EAST ELMWOOD DRIVE TO VACATE A PORTION OF A 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 a 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda 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. 2. A utility easement shall be dedicated on the south side of the property as proposed by the applicants in the easement vacation and dedication survey attached as an exhibit to their Page 1 Printed on 1215119 File Number 2019-0796 Ordinance 6264 vacation application. A 10 -foot wide utility easement is retained along existing electric facilities. PASSED and APPROVED on 12/3/2019 RK/ Attest: �� •.° G1Ty 4 • FAYE 15•� ° �� • 4�4 N S Pte' Kara Paxton, City Clerk TreasxjG �0 `EY 0 Page 2 Printed on 1215119 VAC 19-6883 Close Up View ELMWOOD DR P-1 Legend Planning Area ! Fayetteville City Limits -- -� Shared Use Paved Trail - - - - Trail (Proposed) Building Footprint FAUCETTE OVERCREST ST AMBER OR RSF-a Subject Property R -A Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT 'A' 19-6883 J a. z O H N O M A& NORTH Q Residential -Agricultural RSF-4 [] P-1 ..,j EXHIBIT "B" DE CROF10N Of-EASEM-ENT ENCROAGMMENT. A PART OF LOTS TWO (2) AND THREE (3) IN BLOCK TWO (2) OF THE REPLAT OF BLOCK TWO (2) AND FOUR (4) IN ELMWOOD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT TWO (2); THENCE S88°38'24"E 43.25 FEET ALONG THE SOUTH LINE OF SAID LOT THREE (3) TO A POINT ON THE EAST BOUNDARY OF LAND PARCEL #765-05072-000; THENCE LEAVING THE SOUTH LINE OF SAID LOT THREE (3), NOOO-31-00"W 10.00 FEET ALONG THE EAST LINE OF SAID PARCEL #765- 05072-000 TO A POINT ON THE NORTH LINE OF AN EXISTING TEN (10) FOOT WIDE GENERAL UTILITY EASEMENT AS SHOWN ON THE RECORDED PLAT OF SAID ADDITION; THENCE N88°38'24"W 168.27 FEET ALONG THE NORTH UNE OF SAID EASEMENT TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID EASEMEMT, S29054'03"E 11.70 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT TWO (2); THENCE S88038'24"E 119.10 FEET TO THE POINT OF BEGINNING. Washington County, AR I certify this instrument was filed on 12/20/2019 03:38:24 PM and recorded in Real Estate File Number 2 00039163 Kyle Sylve - cur Jerk by City of Fayetteville, Arkansas 113 West Mountain Street - Fayetteville, AR 72701 (479) 575-V23 Text File File Number: 2019-0796 Agenda Date: 12/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 VAC 19-6883 (1523 E. ELMWOOD DR./FAUCETTE): AN ORDINANCE TO APPROVE VAC 19-6883 FOR PROPERTY LOCATED 1523 EAST ELMWOOD DRIVE TO VACATE A PORTION OF A 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 a 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda 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. 2. A utility easement shall be dedicated on the south side of the property as proposed by the applicants in the easement vacation and dedication survey attached as an exhibit to their vacation application. 3. A 10 -foot wide utility easement is retained along existing electric facilities. City of Fayetteville, Arkansas Page 1 Printed on 12/4/2019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0796 Legistar File ID 12/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/15/2019 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 19-6883: Vacation (1523 E. ELMWOOD DR./FAUCETTE, 370): Submitted by REID & ASSOCIATES, INC. for properties located at 1523 E. ELMWOOD DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.93 acres. The request is to vacate a portion of a general utility easement. Budget Impact: Account Number Project Number 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 Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF Q FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 3, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Harry Davis, Planner DATE: November 15, 2019 CITY COUNCIL MEMO SUBJECT: VAC 19-6883: Vacation (1523 E. ELMWOOD DR./FAUCETTE, 370): Submitted by REID & ASSOCIATES, INC. for properties located at 1523 E. ELMWOOD DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.93 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6883 as shown in the attached Exhibits 'A' and 'B' and 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. 2. 2. A utility easement by shall be dedicated on the south side of the property as proposed by the applicant in their vacation exhibit. 3. 3. A 10 -foot wide utility easement is retained along existing electric facilities. BACKGROUND: The subject property is located along the south side of Elmwood Drive, approximately 800 feet east of the intersection between Elmwood Drive and Old Wire Road. This lot was platted with the Elmwood subdivision and is currently developed with a single-family home RSF-4, Residential Single -Family, 4 Units per Acre zoning. DISCUSSION: At the November 12, 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 Staff Report i VAC 19-6883 FAUCETTE Close Up View vS'g�� - OV ERCREST ST r - - - - - - - - - _ - QY:.4 EXHIBIT 'A' 19-6883 �f t .f i ELMWOOD DR _j IL z O m RSF-4 Subject Property 0 m� i P-1 Legend 4_-_-- Planning Area P Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint F__ R -A Feet 0 75 150 300 450 600 1 inch = 200 feet NORTH Q Residential -Agricultural RSF-4- P-1 EXHIBIT "B" 19-6883 DESCFtlPT10N OF EASEMENT ENCROACHMENT A PART OF LOTS TWO (2) AND THREE (3) IN BLOCK TWO (2) OF THE REPLAT OF BLOCK TWO (2) AND FOUR (4) IN ELMWOOD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT TWO (2); THENCE S88038'24"E 43.25 FEET ALONG THE SOUTH LINE OF SAID LOT THREE (3) TO A POINT ON THE EAST BOUNDARY OF LAND PARCEL #765-05072-000; THENCE LEAVING THE SOUTH LINE OF SAID LOT THREE (3), N000°31'00"W 10.00 FEET ALONG THE EAST LINE OF SAID PARCEL #765- 05072-000 TO A POINT ON THE NORTH LINE OF AN EXISTING TEN (10) FOOT WIDE GENERAL UTILITY EASEMENT AS SHOWN ON THE RECORDED PLAT OF SAID ADDITION; THENCE N88°38'24"W 168.27 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID EASEMEMT, S29054'03"E 11.70 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT TWO (2); THENCE S88038'24"E 119.10 FEET TO THE POINT OF BEGINNING. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO W40 ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: November 12, 2019 UPDATED W PC RESULTS SUBJECT: VAC 19-6883: Vacation (1623 E. ELMWOOD DR./FAUCETTE, 370): Submitted by REID & ASSOCIATES, INC. for properties located at 1523 E. ELMWOOD DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.93 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6883 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 19-6883 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located along the south side of Elmwood Drive, approximately 800 feet east of the intersection between Elmwood Drive and Old Wire Road. This lot was platted with the Elmwood subdivision and is currently developed with a single-family home RSF-4, Residential Single -Family, 4 Units per Acre zoning. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Charleston Place HOA RSF-4, Residential Single -Family, 4 Units per Acre West Single-family Residential RSF-4, Residential Single -Family, 4 Units perAcre East Single-family Residential RSF-4, Residential Single -Family, 4 Units perAcre Proposal: The applicant proposes to vacate a portion of an existing utility easement. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: Utili Cox Communications Response No objections, provided any damage to or relocation of existing utilities/facilities are at AEP/SWEPCO BlackHills Energy AR AT&T Ozarks Electric Citv of Favetteville Water/Sewer Solid Waste & Recycling the applicant's expense. A utility easement by shall be dedicated on the south side of the property as proposed by the applicant in their vacation exhibit. No objections, provided a 10 -foot wide utility easement is retained along existing facilities. No objections and no comment. No objections and no comment. No objections and no comment. Response No objections and no comment. No objections and no comment. Transportation No objections and no comment. Public Comment: No public comment as of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6883 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. A utility easement by shall be dedicated on the south side of the property as proposed by the applicant in their vacation exhibit; and 2. A 10 -foot wide utility easement is retained along existing electric facilities. PLANNING COMMISSION ACTION: Required YES Date: November 12, 2019 O Tabled 211 Forwarded O Denied Motion: Winston Motion to forward to CC recommending approval as part of consent agenda Second: Belden Vote: 6-0-0 Motion passes BUDGET/STAFF IMPACT: None GAETC\Development Services Review\2019\Development Services\19-6883 VAC 1523 E. Elmwood Dr (Faucette) 370\ Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map GAETC\Development Services Review\2019\Development Services\19-6883 VAC 1523 E. ,Elmwood Dr (Faucette) 370\ PETITION TO VACATE A PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT ALONG THE SOUTH BOUNDARY OF LOT 2 & A PART OF LOT 3, BLOCK 2, ELMWOOD 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 utility easement hereinafter sought to be abandoned and vacated, lying in Lot 2 & a part of Lot 3, Elmwood Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of said easement which is described as follows: DESCRIPTION OF EASEMENT ENCROACHMENT A PART OF LOTS TWO (2) AND THREE (3) IN BLOCK TWO (2) OF THE REPLAT OF BLOCK TWO (2) AND FOUR (4) IN ELMWOOD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT TWO (2); THENCE S88038'24"E 43.25 FEET ALONG THE SOUTH LINE OF SAID LOT THREE (3) TO A POINT ON THE EAST BOUNDARY OF LAND PARCEL #765-05072-000, THENCE LEAVING THE SOUTH LINE OF SAID LOT THREE (3), N000031'00"W 10.00 FEET ALONG THE EAST LINE OF SAID PARCEL #765- 05072-000 TO A POINT ON THE NORTH LINE OF AN EXISTING TEN (10) FOOT WIDE GENERAL UTILITY EASEMENT AS SHOWN ON THE RECORDED PLAT OF SAID ADDITION; THENCE N881,38'24"W 168.27 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID EASEMEMT, S29°54'03"E 11.70 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT TWO (2); THENCE S88038'24"E 119.10 FEET TO THE POINT OF BEGINNING. That no other abutting real estate is affected by said abandonment of the general utility easement and that the public interest and welfare would not be adversely affected by the abandonment of the above described portion of the utility easement. 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 as to that particular land the owners be free from the easements of the public for the use of said utility easement. 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Legend Planning AreaFayetteville City LimitsBESIDENTIALMULTIFAMLYIL <Limt FORM BASED DISTRICTS Use Paved Trail Trail (Proposed) -11GaWO C1.1 -'x CRxfu.INSTITUTIONAL S3.— INWSTRIAL CanwmtcnShared PLANNED ZONING DISTRICPla' Fay VAC 19-6883 FAUCETTE Close Up View .r .r r v9 i OVERCREST Si f, ;e i i� ,r i ELMWOOD DR J a z 0 RSF-4 Subject Property 0 m AMBER pR P R-;, NORTH Legend - - _ Planning Area Residential -Agricultural Fayetteville City Limits Feet RSF-4 . Shared Use Paved Trail C] P-1 - - Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet NORUMEsTARKANSAS I�emocrat IF azette 264 RECEIVE ileN Number: 'Ile Number. 2019-0796 VAC 19-6883 (1523 E. ELMWOOD DR./FAUCETTE): JAN O 8 2020 AN ORDINANCE TO APPROVE VAC 19- 6883 FOR PROPERTY LOCATED 1523 EAST ELMWOOD DRIVE TO VACATE A CITY OF FAYETTEVALL ORTION OF A GENERAL UTILITY CITYCILfflKSFACFMFNT '.O. BOX €607, EAYETTE` U E, AR, 72704 > 47).442.1700 • FAX: 70 6?5-1118 • ;'uWW!WADG.COM AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6264 Was inserted in the Regular Edition on: December 12, 2019 Publication Charges: $ 104.00 RIA%n Cathy t ggs Subscribed and sworn to before me This 3 i day of }4-e- , 2019. Notary Public My Commission Expires: 2412-124 E USHER — A kansas n County# 12703120 pires Feb 12.2026 **NOTE** Please do not pay from Affidavit. Invoice will be sent. 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 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda 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. 2. A utility easement shall be dedicated on the south side ofthe property as proposed by the applicants in the easement vacation and dedication survey attached as an exhibit to their vacation application. 3. A 10 -foot wide utility easement is retained along existing electric facilities. PASSED and APPROVED on 12/3/2019 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75175934 Dec. 12, 2019