HomeMy WebLinkAboutOrdinance 6337of cnrerrF
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4 RKANS pS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6337
File Number: 2020-0533
VAC 20-7070 (4615 W. PERSIMMON ST./CROSS KEYS SD -LOT 12):
Doc ID: 019;,51620004 Type: REL
Kind: ORDIWNCE
Recorded: Ob/03/2020 at 01:26:50 PM
Fee Amt: $30.00 Pape i of 4
Washington County, AR
Kyle Svlvest:er Circuit Clerk
Fi1e2020-00026460
AN ORDINANCE TO APPROVE VAC 20-7070 FOR PROPERTY LOCATED AT 4615 WEST
PERSIMMON STREET TO VACATE PORTIONS OF AN ELECTRIC 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 electric
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
the electric 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 7/21/2020
Page 1 Printed on 7122120
Ordinance: 6337
File Number. 2020-0533
Page 2
Attest:
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Kara Paxton, City Clerk Treasurer; •, FgyE�FV/ttf ;0-
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Printed on 7/22fW
VAC20-7070 CROSS KEYS - LOT 12 20-7070
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20-7070
EXHIBIT 'B'
LEGAL DESCRIPTION FOR THE NORTH PIECE:
A 15' electric easement on Lot 12 of the "Concurrent Replat of Cross Keys Phase 2". Lot 1 to now be
known as Cross Keys Estates as per the plat # 0024-00000112 located in the Washington County
Courthouse and being described as follows: Commencing at the SE corner of said Lot 12 thence, NO2-56-
l0E 268.24 feet, thence N26029'47"E 22.69 feet, thence N87°03'50"W 39.13 feet to the POB of the north
portion, thence N87°03'50"W 15.01 feet, thence N01012'20"E 62.03 feet, thence S87°03'50"E 15.01 feet,
thence S01*12'20"W 62.03 feet to the POB containing 930.42 sq feet more or less.
LEGAL DESCRIPTION FOR THE SOUTH PIECE:
A 15' electric easement on Lot 12 of the "Concurrent Replat of Cross Keys Phase 2". Lot 1 to now be
known as Cross Keys Estates as per the plat # 0024-00000112 located in the Washington County
Courthouse and being described as follows: Commencing at the SE corner of said Lot 12 thence, NO2-56-
10E 186.10 feet to the POB of the south portion, thence N38'49'01"W 96.69 feet, thence N01*12'20"E
9.76 feet, thence S87°03'50"E 15.01 feet, thence S01°12'20"W 3.85 feet, thence S38°49'01"E 74.43 feet,
thence S02'56'10"W 22.53 feet to the POB containing 1,385.51 sq feet more or less.
Washington County, AR
I certify this instrument was filed on
08/03/2020 01-26:50 PM
and recorded in Real Estate
File Number 2020-00026460
Kyle Sylvester - Circuit Clerk
by............ .
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
( (479) 575-8323
Text File
✓�
File Number: 2020-0533
Agenda Date: 7/21/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 10
VAC 20-7070 (4615 W. PERSIMMON ST./CROSS KEYS SD -LOT 12):
AN ORDINANCE TO APPROVE VAC 20-7070 FOR PROPERTY LOCATED AT 4615 WEST
PERSIMMON STREET TO VACATE PORTIONS OF AN ELECTRIC 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 electric 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 the
electric 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 I Printed on 712212020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0533
Legistar File ID
7/21/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/2/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
VAC 20-7070: Vacation (4615 W. PERSIMMON ST./CROSS KEYS SD -LOT 12, 438): Submitted by JORGENSEN &
ASSOCIATES, INC. for property located at 4615 W. PERSIMMON ST. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.05 acres. The request is to vacate portions of an electrical
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:
Fund
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 21, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: July 2, 2020
CITY COUNCIL MEMO
SUBJECT: VAC 20-7070: Vacation (4615 W. PERSIMMON ST./CROSS KEYS SD -LOT 12,
438): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at
4615 W. PERSIMMON ST. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.05 acres. The request
is to vacate portions of an electrical easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 20-7070 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 includes approximately 0.05 acres of existing electrical easement south of
West Persimmon Street. The property is currently undeveloped and was platted as Lot 12 of the
Cross Keys Estates subdivision.
DISCUSSION:
At the April 27, 2020 Planning Commission meeting, this item was forwarded as part of the
consent agenda to City Council with a recommendation for approval and the condition as
recommended by staff. A further condition of approval was included requiring submittal of
outstanding franchise utility approvals and provision of documentation regarding the easement's
dedication. Since the Planning Commission meeting, the applicant has provided the necessary
utility approvals and has worked with staff to determine the easement's history of dedication.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
VAC20-7070 CROSS KEYS - LOT 12 20-7070
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20-7070
EXHIBIT 'B'
LEGAL DESCRIPTION FOR THE NORTH PIECE:
A 15' electric easement on Lot 12 of the "Concurrent Repiat of Cross Keys Phase 2". Lot 1 to now be
known as Cross Keys Estates as per the plat # 0024-00000112 located in the Washington County
Courthouse and being described as follows: Commencing at the SE corner of said Lot 12 thence, NO2-56-
10E 268.24 feet, thence N26029'47"E 22.69 feet, thence N87003'50"W 39.13 feet to the POB of the north
portion, thence N87'03'50"W 15.01 feet, thence N01'12'20"E 62.03 feet, thence S87'03'50"E 15.01 feet,
thence S01'12'20"W 62.03 feet to the POB containing 930.42 sq feet more or less.
LEGAL DESCRIPTION FOR THE SOUTH PIECE:
A 15' electric easement on Lot 12 of the "Concurrent Replat of Cross Keys Phase 2". Lot 1 to now be
known as Cross Keys Estates as per the plat # 0024-00000112 located in the Washington County
Courthouse and being described as follows: Commencing at the SE corner of said Lot 12 thence, NO2-56-
l0E 186.10 feet to the POB of the south portion, thence N38'49'01"W 96.69 feet, thence N01'12'20"E
9.76 feet, thence S87003'50"E 15.01 feet, thence S01012'20"W 3.85 feet, thence S38049'01"E 74.43 feet,
thence S02056'10"W 22.53 feet to the POB containing 1,385.51 sq feet more or less.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jonathan Curth, Development Review Manager
MEETING DATE: April 27, 2020 (Updated with Planning Commission Results)
SUBJECT: VAC 20-7070: Vacation (4615 W. PERSIMMON ST./CROSS KEYS SD -
LOT 12, 438): Submitted by JORGENSEN & ASSOCIATES, INC. for
property located at 4615 W. PERSIMMON ST. The property is zoned RSF-
4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 0.05 acres. The request is to vacate portions of an electrical
easement.
RECOMMENDATION:
Staff recommends forwarding VAC 20-7070 to the City Council with a recommendation of
approval and a condition based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward VAC 20-7070 to the City Council with a recommendation for approval with the
conditions recommended by staff."
BACKGROUND:
The subject property includes approximately 0.05 acres of existing utility easement south of West
Persimmon Street. The property is currently undeveloped and was platted as Lot 12 of the Cross
Keys Estates subdivision. 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
Undeveloped
RSF-4, Residential Single-family. 4 Units per Acre
West
Undeveloped
RSF-4, Residential Single-family, 4 Units per Acre
East
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
Proposal: The applicant proposes to vacate a portion of the existing utility easement which is
currently limiting the development of the underlying property. With approval, an existing overhead
power line may require relocation. This will occur at the developer's expense.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses:
Utility
Cox Communications
Response
No objections and no comment.
Planning Commission
April 27, 2020
Agenda Item 7
20-7070 Cross Keys Lot 12
Page 1 of 8
AEP/SWEPCO
BlackHills Energy AR
AT&T
Ozarks Electric
City of Fayetteville
Water/Sewer
Solid Waste & Recycling
Transportation
No objections and no comment.
Pending
No objections and no comment.
No objections and no comment.
Response
No objections and no comment.
No objections and no comment.
No objections and no comment.
Public Comment:
No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 20-7070 to the City Council with a
recommendation for approval subject to the following condition:
Conditions of Approval:
1. Prior to submittal to the City Council, the applicant shall:
a. Submit the instrument dedicating the subject easement (Doc. 2010-00028516;
LSP 10-3659) for City staff review, approval and recordation; and
b. Submit demonstration of utility approval for all franchises.
2. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
PLANNING COMMISSION ACTION: Required YES
Date: April 27, 2020 O Tabled ® Forwarded
Motion: Winston, on the consent agenda
ISecond: Belden
Vote: 9-0-0
O Denied
Planning Commission
G:\ETC\Development Services Review\2020\Development Services\20-7070 VAC April 27, 2020
4615 W. Persimmon St. (Cross Keys -Lot 12) 438\03 PC\04-27-2020 Agenda Item 7
20-7070 Cross Keys Lot 12
Page 2 of 8
BUDGET/STAFF IMPACT:
None
Attachments:
• Petition to Vacate
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
GAETC\Development Services Review\2020\Development Services\20-7070 VAC April 27, 2020
4615 W Persimmon St. (Cross Keys -Lot 12) 438\03 PC\04-27-2020 Agenda Item 7
20-7070 Cross Keys Lot 12
Page 3 of 8
Easement Vacate
PETITION TO VACATE PART OF AN EASEMENT LOCATED IN THE CITY OF FAYETTEVILLE, ARKANSAS.
TO: The City of Fayetteville Planning Commission and
The City of Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the said easement hereinafter
sought to be vacated, lying in City of Fayetteville, Arkansas, petition to vacate part of an easement which
is described as follows:
LEGAL DESCRIPTION FOR THE NORTH PI
A 15' electric easement on Lot 12 of the "Concurrent Replat of Cross Keys Phase 2". Lot 1 to now be
known as Cross Keys Estates as per the plat # 0024-00000112 located in the Washington County
Courthouse and being described as follows: Commencing at the SE corner of said Lot 12 thence, NO2-56-
10E 268.24 feet, thence N26°29'47"E 22.69 feet, thence N87°03'50"W 39.13 feet to the POB of the north
portion, thence N87°03'50"W 15.01 feet, thence N01°12'20"E 62.03 feet, thence S87°03'50"E 15.01 feet,
thence 501'12'20"W 62.03 feet to the POB containing 930.42 sq feet more or less.
LEGAL DESCRIPTION FOR THE SOUTH PIECE:
A 15' electric easement on Lot 12 of the "Concurrent Replat of Cross Keys Phase 2". Lot 1 to now be
known as Cross Keys Estates as per the plat # 0024-00000112 located in the Washington County
Courthouse and being described as follows: Commencing at the SE corner of said Lot 12 thence, NO2-56-
10E 186.10 feet to the POB of the south portion, thence N38°49'01"W 96.69 feet, thence N01°12'20"E
9.76 feet, thence S87°03'50"E 15.01 feet, thence SO1'12'20"W 3.85 feet, thence S38°49'01"E 74.43 feet,
thence S02°56'10"W 22.53 feet to the POB containing 1,385.51 sq feet more or less.
That the abutting real estate affected by said vacation would not be adversely affected by the vacation
of the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real
estate, subject, however, to the existing utility easements as required, 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, 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 as to that particular land the owners be free from easements.
Dated this , day of 2020.
Mark Marquess
Printed Name
Signature
---------------
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VACATED EASEMENT
LEGAL DESCRIPTION FOR THE NORTH PIECE:
A 15' electric easement on Lot 12 of the "Concurrent
Replat of Cross Keys Phase 2". Lot 1 to now be known
as Cross Keys Estates as per the plat p 0024-00000112
located in the Washington County Courthouse and
being described as follows: Commencing at the SE
\ corner of said Lot 12 thence, NO2-56-10E 268.24 feet,
thence N26"29'47"E 22.69 feet, thence N87'03'50"W
39.13 feet to the POB of the north portion, thence
\ N87"03'50"W 15.01 feet, thence N01"12'20"E 62.03
feet, thence S87"03'50"E 15.01 feet, thence
\ \ S01"12'20"W 62.03 feet to the POB containing 930.42
sq feet more or less.
\ LEGAL DESCRIPTION FOR THE SOUTH PIECE:
A 15' electric easement on Lot 12 of the "Concurrent
Replat of Cross Keys Phase 2". Lot 1 to now be known
as Cross Keys Estates as per the plat f10024-00000112
located in the Washington County Courthouse and
being described as follows: Commencing at the SE
corner of said Lot 12 thence, NO2-56-10E 186.10 feet
to the POB of the south portion, thence N38"49'01"W
96.69 feet, thence N01'12'20"E 9.76 feet, thence
S87"03'50"E 15.01 feet, thence S01"12'20"W 3.85 feet,
thence S38"49'01"E 74.43 feet, thence 502"56'10"W
22.53 feet to the POB containing 1,385.51 sq feet more
or less.
�I
J O R G E N S E N 124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
+ASSOCIATES Office: 479.442.9127
www.jorgensenassoc.com
Civil Engineering Surveying Established 1985
k 5
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
SCALE: 1"=50' DATE REVISED CHECKED BY: DRAWN BY: JLJ
DATE: 17MARCH2O I DLJ Z:\LSD\207 501 2\TPE
I EASEMENT VACATION I
EXH 1 B IT "A"
Planning Co
April
fission
2020
tem 7
Lot 12
Page 5 of 8
Agenda Item 7
20-7070 Cross Keys Lot 12
Page 6 of 8
VAC20-7070
Close Up View
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Planning Co mission
AIJTIP27, 2020
Agenda Item 7
20-7070 Cross Keys Lot 12
Page 7 of 8
VAC20-7070 CROSS KEYS - LOT 12
Current Land Use
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FEMA Flood Hazard Data
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Planning Co mission
27, 2020
Agenda Item 7
20-7070 Cross Keys Lot 12
Page 8 of 8
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DemocrdL AZ&C
RC 3CA 1EC7, FAYETTEVILLE, AR, 72702. 47;-4 42-1700 • FAX: 479-695.1118 • WNW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6337
Was inserted in the Regular Edition on:
July 26, 2020
Publication Charges: $100.32
Brittany Smith
Subscribed and to before me
ThisZw
orn
day of
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
� bSPGG�2'1�2
cpZN ?�S 0A 1�s 2025
EX�� N,�sro9�o0
Ordinance: 6337
File Number: 2020-0533
VAC 20-7070 (4615 W. PERSIMMON
ST./CROSS KEYS SD -LOT 12):
AN ORDINANCE TO APPROVE VAC
20-7070 FOR PROPERTY LOCATED
AT 4615 WEST PERSIMMON
STREET TO VACATE PORTIONS OF
AN ELECTRIC 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 electric 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 the electric
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
712112020
Lioneld Jordan, Mayor
Kara Paxton, City Clerk Treasurer
75298984 7/26/20