HomeMy WebLinkAboutOrdinance 6346.4
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i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 019394460004 Type: REL
Kind: ORDINANCE
Recorded: 08/25/2020 at 11:57:12 AM
113 West Mountain Street Fee Amt : $30.00 Page 1 of 4
Fayetteville, AR 72701 Washington County, AR
Y Kyle Sylvester Circuit Clerk
(479)575-8323 File2020_00029736
Ordinance: 6346
File Number: 2020-0605
VAC 20-7137 (1468 S. COOPERS COVE/THARP-CAVANAUGH):
AN ORDINANCE TO APPROVE VAC 20-7137 FOR PROPERTY LOCATED AT 1468
SOUTH COOPERS COVE 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 general utility
easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF
FAVETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of
general 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 8/4/2020
Page 1
Printed on &WO
Ordinance. 6346
File Number 2020-0605
Attest:
Ii�rrrrrr�i
i
FA
YETTEV��LE
Kara Paxton, City Clerk Treasurer ;
. r
y S •. �.
Page 2 Pdnw on 8/ M
VAC20-7137 THARP-CAVANAUGH
Close Up View
-GOFF-FARM•RD,
Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
RSF-1
\COOPER` e
Subject Property
RSF-4
Feet
0 75 150 300 450
1 inch = 200 feet
EXHIBIT 'A'
20-7137
V-SS•I\ILL-DR.
Q�
IPEBBLFe
ti
o�
SPAN A& -
NORTH
Residential -Agricultural
RSF-1
RSF-4
EXHIBIT 'B'
20-7137
Bates
Associa'ies,inc.
Civil Engineering - Land Surveying • Landscape Architecture
7230 S. Pleasant Ridge Dr. Fayetteville. AR 72704
PH: 479-442-9350 " FAX: 479-521-9350
www.batesnwa.com
May 15, 2020
RE: Legal description of a portion of a 25' utility easement to be vacated at
1468 S. Coopers Cove:
A PORTION OF AN EXISTING 25' UTILITY EASEMENT TO BE VACATED, BEING A
PART OF LOT 13, CRESCENT LAKE SUBDIVISION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL
PLAT RECORD 23 AT PAGE 189, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S72°43'14"E 25.90' AND
SI7°16'46"W 10.00' FROM AN EXISTING REBAR MARKING THE NORTHWEST
CORNER OF SAID LOT 13 AND RUNNING THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 85.00' FOR A CHORD BEARING AND DISTANCE OF
S37020'45"W 59.00', THENCE N37020'01 "W 10.04', THENCE ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE
OF N3703948"E 52.91', THENCE S72043'14"E 10.00' TO THE POINT OF BEGINNING,
CONTAINING 571.63 SQUARE FEET.
Washington County, AR
I certify this instrument was filed on
08/25/2020 11:57:12 AM
and recorded in Real Estate
File Number 2020-00029736
Kyle Sylvester - Circuit Clerk
by --= f
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
t Text File
File Number: 2020-0605
Agenda Date: 8/4/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 7
VAC 20-7137 (1468 S. COOPERS COVE/THARP-CAVANAUGH):
AN ORDINANCE TO APPROVE VAC 20-7137 FOR PROPERTY LOCATED AT 1468 SOUTH
COOPERS COVE 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 general utility easement is
not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF
FAVETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of general
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 81512020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0605
Legistar File ID
8/4/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/17/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
VAC 20-7137: Vacation (1468 S. COOPERS COVE/THARP-CAVANAUGH, 607): Submitted by BATES & ASSOCIATES, INC.
for property located at 1468 S. COOPERS COVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE and contains approximately 0.01 acres. The request is to vacate a portion of a general utility easement.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
!$ _
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
�a CITY OF
4A FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 4, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Harry Davis, Planner
DATE: July 17, 2020
CITY COUNCIL MEMO
SUBJECT: VAC 20-7137: Vacation (1468 S. COOPERS COVE/THARP-CAVANAUGH,
607): Submitted by BATES & ASSOCIATES, INC. for property located at 1468 S.
COOPERS COVE. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.01 acres. The request
is to vacate a portion of a general utility easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 20-7137 as shown in the attached
Exhibits 'A' and 'B' and with the following condition of approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property is undeveloped and located at the north end of Coopers Cove within the
Crescent Lake Subdivision, which was platted in late 2005. The property is zoned RSF-4,
Residential Single-family, 4 Units per Acre, contains approximately 0.01 acres, and is part of a
larger 0.38 acre residential lot. The lot is encumbered by a few features, including setbacks, utility
easements, floodplain, and the Streamside Protection Zone ordinance adopted in 2011. The
applicant proposes to vacate a portion of the utility easement overlaying the subject property. This
vacation is in preparation for a future single-family home on the property.
DISCUSSION:
At the July 13, 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.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC20-7137
Close Up View
R-A
• GOFF FARM RD
Legend
' Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
THARP-CAVANAUGH
RSF4
\cOOPEFese
Subject Property
RS F-J
EXHIBIT 'A'
20-7137
S NILL-D!?.
Q�
IPESBLFp
P
SPAN A&
NORTH
ZW Residential -Agricultural
Feet RSF-1
RSF-4
0 75 150 300 450 600
1 inch = 200 feet
EXHIBIT'13'
20-7137
Bates �o
Associates,inc.
Civil Engineering - Land Surveying - Landscape Architecture
7230 S Pleasant Ridge Dr. Fayetteville. AR 72704
PK 479-442-9350 ' FAX: 479-521-9350
www batesnwa.com
May 15, 2020
RE: Legal description of a portion of a 25' utility easement to be vacated at
1468 S. Coopers Cove:
A PORTION OF AN EXISTING 25' UTILITY EASEMENT TO BE VACATED, BEING A
PART OF LOT 13, CRESCENT LAKE SUBDIVISION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL
PLAT RECORD 23 AT PAGE 189, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S72°43'14"E 25.90' AND
S 17° 16'46"W 10.00' FROM AN EXISTING REBAR MARKING THE NORTHWEST
CORNER OF SAID LOT 13 AND RUNNING THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 85.00' FOR A CHORD BEARING AND DISTANCE OF
S37020'45"W 59.00', THENCE N37020'O1 "W 10.04', THENCE ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE
OF N3703948"E 52.91', THENCE S72043'14"E 10.00' TO THE POINT OF BEGINNING,
CONTAINING 571.63 SQUARE FEET.
CITY OF
t FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Harry Davis, Planner
MEETING DATE: July 13, 2020 UPDATED W PC RESULTS
SUBJECT: VAC 20-7137: Vacation (1468 S. COOPERS COVE/THARP-
CAVANAUGH, 607): Submitted by BATES & ASSOCIATES, INC. for
property located at 1468 S. COOPERS COVE. The property is zoned RSF-
4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 0.38 acres. The request is to vacate a portion of a general
utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 20-7137 to City Council recommending approval with the
following conditions.
RECOMMENDED MOTION:
"I move to forward VAC 20-7137 to City Council recommending approval with all conditions as
recommended by staff."
BACKGROUND:
The subject property is located at 1468 Coopers Cove at the end of Coopers Cove within the
Crescent Lake Subdivision, which was platted in late 2005. The property is zoned RSF-4,
Residential Single-family, 4 Units per Acre, contains approximately 0.38 acres, and is currently
undeveloped. The lot is encumbered by a few features, including setbacks, utility easements,
floodplain, and the Streamside Protection Zone ordinance adopted in 2011. Surrounding zoning
and land uses are listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family Residential; Undeveloped
RSF-4, Residential Single-family, 4 Units perAcre
South
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
East
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
West
Sin le-famil Residential; Undeveloped
I RSF-4, Residential Single-family, 4 Units per Acre
Proposal: The applicant proposes to vacate a portion of an existing general utility easement. The
portion is about 570 square feet near the front of the property along Coopers Cove. This vacation
is in preparation for a future single-family home on the property.
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
AEP/SWEPCO
BlackHills Energy AR
AT&T
Ozarks Electric
City of Fayetteville
Water/Sewer
Solid Waste & Recycling
Response
Any damage or relocation of existing facilities will be at the
applicant's expense.
No comment and no objections.
No comment and no objections.
No comment and no objections.
No comment and no objections.
Response
No comment and no objections.
No comment.
Transportation No comment.
Public Comment: No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 20-7137 to City Council
recommending approval with the following conditions.
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
PLANNING COMMISSION ACTION: Required YES
Date: July 13, 2020 O Tabled 0 Forwarded O Denied
Motion: Winston Motion to forward to CC recommending approval, as a part
of consent agenda
Second: Belden
Motion passed
Vote: 8-0-0
GAETC\Development Services Review\2020\Development Services\20-7137 VAC 1468 S.
Coopers Cove (Tharp -Cavanaugh) 607\
BUDGET/STAFF IMPACT:
None
Attachments:
• Petition to Vacate
• Vacation Exhibit
• Legal Description
• One Mile Map
• Close-up Map
• Current Land Use Map
GAETC\Development Services Review\2020\Development Services\20-7137 VAC 1468 S.
Coopers Cove (Tharp -Cavanaugh) 607\
PETITION TO VACATE A PORTION OF A 25' UTILITY EASEMENT LOCATED ON A PART OF LOT 13 OF CRESCENT
LAKE SUBDIVISION IN 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, ON A PART OF LOT 13 OF CRESCENT LAKE SUBDIVISION, City of Fayetteville, Arkansas,
a municipal corporation, petition to vacate a portion of a 25' UTILITY EASEMENT which is described as follows:
A PORTION OF AN EXISTING 25' UTILITY EASEMENT TO BE VACATED, BEING A PART OF LOT 13, CRESCENT LAKE
SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT
RECORD 23 AT PAGE 189, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS S72'43'14"E 25.90' AND S17°16'46"W 10.00' FROM AN EXISTING REBAR MARKING THE
NORTHWEST CORNER OF SAID LOT 13 AND RUNNING THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 85.00' FOR A CHORD BEARING AND DISTANCE OF S3r20'45'W 59.00', THENCE N37"20'01'W 10.04', THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE OF
N3r39'48"E 52.91', THENCE S72°43'14"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 571.63 SQUARE
FEET.
That the abutting real estate affected by said abandonment of the PORTION OF THE 25' UTILITY EASEMENT
LOCATED ON A PART OF LOT 13 OF CRESCENT LAKE SUBDIVISION IN 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 PORTION OF THE 25' UTILITY EASEMENT LOCATED ON
A PART OF LOT 13 OF CRESCENT LAKE SUBDIVISION IN THE CITY OF FAYETTEVILLE, ARKANSAS.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject, however, to the existing utility easements and sewer 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 UTILITY EASEMENT.
Dated this I y day of M a 2020.
Printed Name Printed Name '.i ALA OL
Signature vt� _ Signature( P
UTILITY EASEMENT VACATION EXHIBIT
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"--associates, Jac.
Civil Engineering - Land Surveying - Landscape Architecture
7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704
PH: 479-442-9350 " FAX: 479-521-9350
www.batesnwa.com
May 15, 2020
RE: Legal description of portion of a 25' utility easement to be vacated at
1468 S. Coopers Cove:
A PORTION OF AN EXISTING 25' UTILITY EASEMENT TO BE VACATED, BEING A
PART OF LOT 13, CRESCENT LAKE SUBDIVISION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL
PLAT RECORD 23 AT PAGE 189, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S72°43'14"E 25.90' AND
S 17° 16'46"W 10.00' FROM AN EXISTING REBAR MARKING THE NORTHWEST
CORNER OF SAID LOT 13 AND RUNNING THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 85.00' FOR A CHORD BEARING AND DISTANCE OF
S37020'45"W 59.00', THENCE N37020'01 "W 10.04', THENCE ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE
OF N37039'48"E 52.91', THENCE S72043'14"E I0.00' TO THE POINT OF BEGINNING,
CONTAINING 571.63 SQUARE FEET.
VAC20-7137
One Mile View
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THARP-CAVANAUGH
0 0.125 0.25 0.5 Miles
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RSF-1
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Subject Property
Legend
Planning Area
;- - - Fayetteville City Limits
Planning Area
Trail (Proposed)
Fayetteville City Limits
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VAC20-7137
Close Up View
R-A
[GOFF-FARM RD
Legend
' ' Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
THARP-CAVANAUGH
RIII -1
\cOOPEv's e
Subject Property
RSF-4
Feet
0 75 150 300 450
1 inch = 200 feet
.��
SPAN A& -
NORTH
Residential -Agricultural
RSF-1
RSF-4
VAC20-7137 THARP-CAVANAUGH
Current Land Use
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1
1
Single -Family Residential
a
CO Subject Property Undeveloped
— i
Single -Family Residential
r
Planning Area
Fayetteville City Limits
Feet
0 30 60 120 180 240
1 inch = 90 feet
Fir
1ITIMS
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LWA.
FEMA Flood Hazard Data
too -Year Floodplain
Floodway
NORTHWEST ARKANSAS Ordinance:6346
>~ File Number: 2020-0605
1eniocrat (tar::; 3aze '-
VAC 20-7137(1468 S.COOPERS
�_�` COVEIrHARP-CAVANAUGH):
- - - . --- AN ORDINANCE TO APPROVE VAC
P.0 2C) ct;�; -;; 'E?`L'.'tlLE,i F.,7270?• 42-1700•FAX't79 095-)1'S• 1"c71'114`:,aoc COM 20-7137 FOR PROPERTY LOCATED
AT 1468 SOUTH COOPERS COVE
TO VACATE A PORTION OF A
GENERAL UTILITY EASEMENT
WHEREAS,the City Council has the
AFFIDAVIT OF PUBLICATION authority under A.C.A.§ 14-54-104 to
vacate public grounds or portions thereof
which are not required for corporate
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the WHEREAS the City Council has
Northwest Arkansas Democrat-Gazette,a daily newspaper printed and determined that the following described
published in said County, State of Arkansas; that I was so related to this portion of general utility easement is not
required for corporate purposes.
publication at and during the publication of the annexed legal advertisement NOW,THEREFORE,BE IT
the matter of: Notice pending in the Court, in said County, and at the dates of ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
the several publications of said advertisement stated below, and that during said ARKANSAS:
periods and at said dates, said newspaper was printed and had a bona fide Section 1: That the City Council of the
City of Fayetteville,Arkansas hereby
circulation in said County; that said newspaper had been regularly printed and vacates the portion of general utility
published in said County, and had a bona fide circulation therein for the period of cat ached to the Plann ngi Dep tbit artmeent's
one month before the date of the first publication of said advertisement; and that memo-
said advertisement was published in the regular daily issues of said newspaper Section 2:A copy of this Ordinance duly
certified by the City Clerk along with the
as stated below, map attached as Exhibit A to the
Planning Department's memo shall be
filed in the office of the Washington
City of Fayetteville County Circuit Clerk.
Ord 6346 Section 3: This vacation approval is
subject to the condition that any
relocation of or damage to existing
utilities or existing facilities shall beat Was inserted in the Regular Edition on:
the owner/developer's expense.
August 9, 2020 PASSED and APPROVED on 8/4/2020
Approved:
Lioneld Jordan,Mayor
Publication Charges: $98.80 Attest:
Kara Paxton,City Clerk Treasurer
75305761 Aug 9,2020
geiaq sm'
Brittany Smith
Subscribed and sworn to before me
This tZday off Orr,, 2020. s
2-112
'« GUh4ti�;
:
y rr yr
Notary Public
My Commission Expires: Z2giZbZ 'r
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.