HomeMy WebLinkAboutOrdinance 6401ARCHIVE®
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Doc ID: 019746460004 Type: REL
Kind: ORDINANCE
Recorded: 03/05/2021 at 01:02:36 PM
113 West Mountain Street Fee Amt : $30.00 Pape 1 of 4
Washington County, AR
Fayetteville, AR 72701 Kyle Sylvester Circuit Clerk
(479) 575-8323 File 2 02 i1-0000 8 2 7 3
Ordinance: 6401
File Number: 2020-1143
VAC-2020-010 (2747 & 2785 E. STONE MOUNTAIN DR./KIMBROW):
AN ORDINANCE TO APPROVE VAC 20-0010 FOR PROPERTY LOCATED AT 2747 AND
2785 EAST STONE MOUNTAIN 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 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 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 following conditions:
Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
The existing 20-foot easement along the north and south property lines of Lots 3 and 4
Page 1 Printed on 1A21
Ordinance 6401
File Number: 2020-1143
are to remain in place for existing, underground utilities.
PASSED and APPROVED on 1/7/2021
Attest:
K
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Kara Paxton, City Clerk Treasugr ; FpYE�EVILLE ;�
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Page 2 Primed on 118121
VAC-2020-000010
Close Up View
_RED
DEER CT
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Legend
Hillside -Hilltop Overlay District
` Planning Area
L — Fayetteville City Limits
Building Footprint
Kimbrow
STONE MOUNTq/N �R
Subject Property
Feet
0 75 150 300 450
1 inch = 200 feet
.11
RSF-4
VAC-2020-000010
EXHIBIT 'A'
9
A&
NORTH
RSF-4
EXHIBIT 'B'
A000,
associates, 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
LEGAL DESCRIPTION OF PROPOSED UTILITY EASEMENT VACATION:
A 10 FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF LOTS 3 AND 4,
STONE MOUNTAIN SUBDIVISION, PHASE 1, FAYETTEVILLE, ARKANSAS, AS
PER THE RECORDED PLAT OF SAID SUBDIVISION 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 N14024'39"E 20.70' FROM AN EXISTING
REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 4 AND RUNNING
THENCE S89025'46"W 5.18', THENCE N14024'39"E 206.41', THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 370.00' FOR A CHORD BEARING
AND DISTANCE OF S75033'33"E 10.00', THENCE S 14024'39"W 203.73', THENCE
S89025'46"W 5.18' TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES,
MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
03/05/2021 01-02:36 PM
and recorded in Real Estate
File Number 2021-00008273
Kyle Sylvester - Circuit Clerk
by
of FFy City of Fayetteville, Arkansas 113West Mountain Street
Fayetteville AR 72701
: j ; , (479)575-8323
" ' Text File
\'K'"P File Number: 2020-1143
Agenda Date: 1/7/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.9
VAC-2020-010(2747&2785 E. STONE MOUNTAIN DR/KIMBROW):
AN ORDINANCE TO APPROVE VAC 20-0010 FOR PROPERTY LOCATED AT 2747 AND 2785
EAST STONE MOUNTAIN 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 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 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 following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;and
2. The existing 20-foot easement along the north and south property lines of Lots 3 and 4 are to
remain in place for existing,underground utilities.
City of Fayetteville,Arkansas Page 1 Printed on 1/8/2021
City of Fayetteville Staff Review Form
2020-1143
Legistar File ID
1/5/2021
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Garner Stoll 12/18/2020 CITY PLANNING (630)
Submitted By Submitted Date Division/ Department
Action Recommendation:
VAC 2020-000010: Vacation (2747 & 2785 E. STONE MOUNTAIN DRIVE/KIMBROW, 488): Submitted by JASON
KIMBROW for property located at 2747 and 2785 E. STONE MOUNTAIN DR. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.05 acres. The request is to vacate a portion of a
general utility 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 S
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE CITY COUNCIL MEMO
ARKANSAS
MEETING OF JANUARY 5, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: December 18, 2020
SUBJECT: VAC-2020-000010: Vacation (2747 & 2785 E. STONE MOUNTAIN
DRIVE/KIMBROW, 488): Submitted by JASON KIMBROW for property located at
2747 and 2785 E. STONE MOUNTAIN DR. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately
0.05 acres. The request is to vacate a portion of a general utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2020-000010 as shown in the attached Exhibits 'A' and 'B'
and with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense; and
2. The existing 20-foot easement along the north and south property lines of Lot 3 and 4 are
to remain in place for existing, underground utilities.
BACKGROUND:
The subject property includes a portion of an existing general utility easement straddling the
property line shared between Lots 3 and 4 of the Stone Mountain Phase I subdivision. The lots
were platted in 2006, but remain undeveloped. Combined, the two lots total approximately 1.25
acres and are characterized by a descending slope from east to west, cleared area near the street
and mature canopy to the south. The entirety of the property designated as Hillside-Hilltop Overlay
District.
Request: The applicant proposes a vacation of the 20-foot wide general utility easement located
along Lot 3 and 4's shared property line. Approval of the vacation will allow the applicant to permit
construction of a single-family dwelling on the property line.
DISCUSSION:
In mid-2020, the City Council amended the Unified Development Code to allow vacations of utility
easements to proceed directly to Council without first being heard by the Planning Commission.
This request represents the first application to utilize this allowance. With submittal of the required
vacation forms and utility approval, staff recommends approval.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Request Letter
• Petition to Vacate
2
VAC-2020-000010 Kim b row vAC-2020-000010
Close Up View EXHIBIT 'A'
RSF-4
STONE Moo OR
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Subject Property ��,
�
_RED j
DEER CT
J
NORTH
Legend
RSF-4
Hillside-Hilltop Overlay District Feet
•
Planning Area -
0 75 150 300 450 600
L I Fayetteville City Limits
1 inch = 200 feet
Building Footprint
VAC-2020-000010
EXHIBIT 'B'
Bates
Associates In c..
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
LEGAL DESCRIPTION OF PROPOSED UTILITY EASEMENT VACATION:
A 10 FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF LOTS 3 AND 4,
STONE MOUNTAIN SUBDIVISION,PHASE 1,FAYETTEVILLE,ARKANSAS,AS
PER THE RECORDED PLAT OF SAID SUBDIVISION 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 N14°24'39"E 20.70'FROM AN EXISTING
REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 4 AND RUNNING
THENCE S89°25'46"W 5.18',THENCE N14°24'39"E 206.41',THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 370.00'FOR A CHORD BEARING
AND DISTANCE OF S75°33'33"E 10.00',THENCE S14°24'39"W 203.73',THENCE
S89°25'46"W 5.18'TO THE POINT OF BEGINNING,CONTAINING 0.05 ACRES,
MORE OR LESS.
VAC-2020-000010
REQUEST LETTER
Letter To The City Of Fayetteville Planning Commission/City Council
To Whom It May Concern:
My intent is to vacate a utility easement that runs between lots 3 and 4 in
Stone Mountain subdivision in Fayetteville. I already own lot 4 and will purchase lot
3 from a friend if the utility can be vacated. My intent is to put my personal home
over the easement. There are easements on the north end and south end of the lots.
All utility companies have submitted their approval. Thank you!
Jason Kimbrow
2436 Brookwater Ln.
Fayetteville,AR 72703
VAC-2020-000010
PETITION TO VACATE
Petition To Vacate Easement
PETITION TO VACATE A UTILITY EASEMENT LOCATED BETWEEN LOTS#3 AND#4 IN
STONE MOUNTAIN 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 easement hereinafter sought to be
abandoned and vacated, lying in Stone Mountain subdivision City of Fayetteville,Arkansas,a municipal
corporation,petition to vacate a easement which is described as follows:
A 10 FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF LOTS 3 AND 4,
STONE MOUNTAIN SUBDIVISION,PHASE 1,FAYETTEVILLE,ARKANSAS,AS
PER THE RECORDED PLAT OF SAID SUBDIVISION 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 N14°24'39"E 20.70' FROM AN EXISTING
REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 4 AND RUNNING
THENCE S89°25'46"W 5.18',THENCE N14°24'39"E 206.41',THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 370.00' FOR A CHORD BEARING AND
DISTANCE OF S75°33'33"E 10.00',THENCE S14°24'39"W 203.73',THENCE S89°25'46"W 5.18'
TO THE POINT OF BEGINNING,CONTAINING 0.05 ACRES,MORE OR LESS.
That the abutting real estate affected by said abandonment of the easement are lots three and four in Stone
Mountain subdivision.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 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 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 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 the easements of the
public for the use of said alley.
Dated this 18th day of November,2020.
Printed Name
Jason Kimbrow
Signature
RECEIVED
'JAN 212021
CITY OF FAYETTEVILLE
NORTHWEST A __ A CtTi CLERK'S OFFICE
L/yLtD�il Ordinance:6401
File Number: 2020-1143
Jeimnocrat VAC-2020-010(2747&2785 E.
i Ottzette STONE MOUNTAIN
DR./KIMBROW):
PDX 1607.. 'vcT'E',?;LLEE.AR 72702•:79-442-17OC•FAX 79.695-Il'S• ',:s .V NWAD C3tf AN ORDINANCE TO APPROVE VAC
20-0010 FOR PROPERTY LOCATED
AT 2747 AND 2785 EAST STONE
MOUNTAIN DRIVE TO VACATE A
PORTION OF A GENERAL UTILITY
AFFIDAVIT OF PUBLICATION EASEMENT
WHEREAS,the City Council has the
authority under A.C.A.§ 14-54-104 to
I,Brittany Smith,do solemnly swear that I am the Accounting Legal Clerk of the vacwhiatech publicnot grourequirends orfor portionscorporate thereof
are d
Northwest Arkansas Democrat-Gazette,a daily newspaper printed and purposes;and
published in said County, State of Arkansas; that I was so related to this WHEREAS,t the City Council hes
ty determined that the following described
publication at and during the publication of the annexed legal advertisement portion of general utility easement is not
required for corporate purpos .
the matter of: Notice pending in the Court, in said County,and at the dates of NOW,THEREFORE,BE ITS
the several publications of said advertisement stated below,and that during said ORDAINED BY THE CITY COUNCIL
periods and at said dates, said newspaper wasprinted and had a bona fide OFR KTAE CITY OF FAYETTEVILLE,
ARKANSAS:
circulation in said County;that said newspaper had been regularly printed and Section I: That the City Council of the
published in said County, had a bona fide circulation therein for theperiod of City es Fayetteville,Askansas hereby
y vacates the portion of general utility
one month before the date of the first publication of said advertisement;and that easement as described in Exhibit B
said advertisement was published in the regular daily issues of said newspaper attachedmemo. to the Planning Department's
as stated below. Section 2:A copy of this Ordinance duly
certified by the City Clerk along with the
map attached as Exhibit A to the
City of Fayetteville Planning Department's memo shall be
Ord 6401 filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is
subject to the following conditions:
Was inserted in the Regular Edition on: I. Any relocation of or damage
January 17, 2021 to existing utilities or existing facilities
shall be at the owner/developer's
expense;and
Publication Charges: $114.00 2. The existing 20-foot
easement along the north and south
property lines of Lots 3 and 4
are to remain in place for existing,
Brittany Smith underground utilities.
PASSED and APPROVED on U72021
Approved:
Lioneld Jordan,Mayor
Attest:
Subscribed and sworn to before me Kara Paxton,City Clerk Treasurer
This 1 g day of _ , 2021. 75371089 Jan 17,2021
Ortzeica lAjeL
Notary Public ''/
My Commission Expires: 24
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
