HomeMy WebLinkAboutOrdinance 6463113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6463
File Number: 2021-0547
Doc ID 020066200004 Type. R
EL
Kind. ORDINANCE
Recorded. O8,1711 at 03.27.15 PM
Fee Amt. $30 00 Page 1 of 4
Washington County, AR
Kyle 021 p0031674
File20
VAC-2021-021- (3988 W MOUNTAIN VIEW DR./MOUNTAIN RANCH).
AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST
MOUNTAIN VIEW 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 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 8/3/2021
Page 1 Printed on &W1
Ordinance 6463
File Number 2021-0547
Attest.
UiU
Lisa Branson. Deputy City Clerk
Page 2 Printed on 813121
VAC-2021-000021 Shirley EXHIBIT 'A'
Close Up View VAC-2021-000018
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OUNTAIN VIEW DR—zp
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VAC-2021-000021
EXHIBIT `B'
Legal Description for Proposed Easement Reduction Area
A PART OF LOT 11, MOUNTAIN RANCH SUBDIVISION, FINAL PLAT PHASE I TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNT, ARKANSAS, AS SHOWN ON PLAT RECORDED IN BOOK 23, PAGE 290, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND 518" REBAR MARKING THE NORTHEAST
CORNER OF THE SAID LOT 11. AND RUNNING S02"55'02-W 15 00' AND N87"0013-W 10 00' TO THE TRUE POINT OF
BEGINNING, AND RUNNING THENCE S02"55-02"W 5 00; THENCE N87"00'33"W 52.86'. THENCE S09"03'5I"W 73 80',
THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 15 00', AN ARC LENGTH OF 25 10', AND A CHORD
BEARING AND DISTANCE OF S38"45'47"E 22.2T THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF
26 1 T, AN ARC LENGTH OF 32.38'. AND A CHORD BEARING AND DISTANCE OF N51 "2V40"W 30 44', THENCE
N09"03'51"E 77 75. THENCE S87"00'33E 62 38' TO THE TRUE POINT OF BEGINNING, CONTAINING IN ALL 0 026
ACRES, OR 1,142 SQUARE FEET. MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAYS OF RECORD
Washington County, AK
I certify this instrument was filed on
08/17/2021 03.27.15 PM
and recorded in Real Estate
File Number 2021-00031674
Kyle Sylvester - Circuit Clerk
b
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0547
Agenda Date: 8/3/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
VAC-2021-021: (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH):
AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST
MOUNTAIN VIEW 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 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 81412021
City of Fayetteville Staff Review Form
2021-0547
Legistar File ID
8/3/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 7/16/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2021-000021: Vacation (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH, 478): Submitted by BUILD
COLLECTIVE LLC. for property located at 3988 W. MOUNTAIN VIEW DR. 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 an
existing utility easement totaling 0.03 acres.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
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:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 3, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: July 16, 2021
CITY COUNCIL MEMO
SUBJECT: VAC-2021-000021: Vacation (3988 W. MOUNTAIN VIEW DR./MOUNTAIN
RANCH, 478): Submitted by BUILD COLLECTIVE LLC. for property located at
3988 W. MOUNTAIN VIEW DR. 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 an existing utility easement totaling 0.03
acres.
RECOMMENDATION:
Staff recommends approval of VAC-2021-000021 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;
BACKGROUND:
The subject property includes a portion of an existing general utility easement located on Lot 11
of the Mountain Ranch Phase I subdivision. The lot was platted in 2006 and a single-family
residence was constructed on the property in 2008. The applicant intends to construct a small
storage outbuilding on the northwest corner of the lot, which will require vacating a portion of the
25-foot-wide easement to the west and a portion of the 20-foot-wide easement to the north.
Request: The applicant proposes a vacation of a portion of an existing utility easement as
indicated in the attached exhibits, totaling approximately 0.03 acres. Approval of the vacation will
allow for the construction of a small storage outbuilding on the northwest corner of this property.
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.
With submittal of the required vacation forms and utility approval, staff recommends approval.
BUDGET/STAFF IMPACT:
N/A
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
• Exhibit A
• Exhibit B
• Request Letter
• Petition to Vacate
VAC-2021-000021
Close Up View
Regional Link
Neighborhood Link
Planning Area
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Fayetteville City Limits
---• Shared -Use Paved Trail
Trail (Proposed)
Shirley
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EXHIBIT 'A'
VAC-2021-000018
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VAC-2021-000021
EXHIBITS'
Legal Description for Proposed Easement Reduction Area
A PART OF LOT 11, MOUNTAIN RANCH SUBDIVISION, FINAL PLAT PHASE 1 TO THE CITY OF FAYFTTEVILLE,
WASHINGTON COUNT, ARKANSAS, AS SHOWN ON PLAT RECORDED IN BOOK 23, PAGE 280, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 518" REBAR MARKING THE NORTHEAST
CORNER OF THE SAID LOT 11, AND RUNNING S02"55'02-W 15.00' AND N87"00'33-W 10.00' TO THE TRUE POINT OF
BEGINNING, AND RUNNING THENCE S02"55'02"W 5.00 ; THENCE N87"00'33"W 52.86; THENCE S09"03'51"W 73.80;
THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 15.00', AN ARC LENGTH OF 25.10', AND A CHORD
BEARING AND DISTANCE OF S38"45'47"E 22.2T: THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF
26AT, AN ARC LENGTH OF 32.38', AND A CHORD BEARING AND DISTANCE OF N51"28'40"W 30.44; THENCE
N09"03'51 "E 77.75 ; TIIENCE S87"00'33"E 62.38' TO THE TRUE POINT OF BEGINNING, CONTAINING IN ALL 0.026
ACRES, OR 1,142 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAYS OF RECORD.
BUILD COLLECTIVE
COVER LETTER — FOR A GENERAL UTILITY EASEMENT VACATION ONLY APPLICATION REQUEST
June 21, 2021
To: Fayetteville Planning Commission and City Council
Development Services Building
125 W. Mountain Street
Fayetteville Arkansas, 72701
Re: General Utility Easement Vacation Only to an Existing Address Located at 3988 West Mountain View Drive, Fayetteville
Arkansas. Lot 11, Mountain Ranch Subdivision, Final Plat Phase 1, Plat Book 23, Page 280. Parcel # 765-26790-000
Scope of Request for the General Utility Easement :
To whom it may concern: My name is Bill Cochran, the owner of Build Collective LLC; I am the applicant and designer working on behalf
of Wes Shirley owning the address listed above. My client's wish — if so granted — is to vacate only a portion of an existing utility
easement in said back yard. The approximate dimensions are listed within the submitted documents; ie: legal description, and filed
property survey which approximately requests a 10' - 0" vacation located on the West side of the property along Rupple Road and
approximately a 5' - 0" vacation facing North to an existing detention pond.
With that being said, and as you will find in the documents submitted through the online portal system, we have successfully obtained all
signatures from the Utility Companies involved.
Our design intent is to develop a small storage outbuilding located in the North West corner in the backyard of this "corner lot" (you will
find the beginning of new construction located on the North West corner of the provided survey completed by Blew & Associates). With
your help, they will be able to utilize their lot more efficiently and at the same time appease and not affect any utility companies' lines or
access. This request of the General Utility Easement Vacation in turn does not affect any neighboring owners as this Vacation Request is
entirely contained within the said owner's property. Also, this is an established subdivision that does not intend to expand; this has been
confirmed by the developer in ownership of the land and community.
On behalf of my client and I, we truly thank you for your time and give thanks to the Planning Commission for the City of Fayetteville on
the chance to complete this request.
Regards,
BILL COCHRAN
OWNER I LEAD DESIGNER
BUILD COLLECTIVE LLC
3100 SHERYL AVENUE
FAYETTEVILLE ARKANSAS 72703
Phone: 479-409-3387
Email: bill@buildcollective.co
Page 1 of 1
Project 2014 — DE — Shirley Residence, General Utility Easement Application
3100 N Sheryl Avenue I Fayetteville, AR 72703 1 phone: (479) 409-3387 1 email:bill@buildcollective.co
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BUILD COLLECTIVE
PETITION TO VACATE — FOR A GENERAL UTILITY EASEMENT VACATION ONLY APPLICATION REQUEST
June 21, 2021
To: Fayetteville Planning Commission and City Council
Development Services Building
125 W. Mountain Street
Fayetteville Arkansas, 72701
Re: Petition to Vacate to an Existing Address Located at 3988 West Mountain View Drive, Fayetteville
Arkansas. Lot 11, Mountain Ranch Subdivision, Final Plat Phase 1, Plat Book 23, Page 280. Parcel #
765-26790-000
Petition to Vacate - for the General Utility Easement Vacation :
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be
abandonedand vacated, lying in (lot, block, subdivision), City of Fayetteville, Arkansas, a municipal corporation,
petition to vacate an easement which is described as follows:
Legal Description of Area to be Vacated
COMPLETED FIELD WORK:
MARCH 1, 2021
BASIS OF BEARING:
BEARINGS BASED ON GRID NORTH FOR ARKANSAS COORDINATE SYSTEM, NORTH ZONE, NAD83.
LATITUDE= 36"04' 11.65934"
LONGITUDE" -94"13'02.46983"
CONVERGENCE ANGLE= -I " 17'24.91424"
DISTANCES SHOWN ON PLAT ARE GRID. COMBINED SCALE FACTOR (GRID TO GROUND)" 1.000028266798989
REFERENCE DOCUMENTS:
1. WARRANTY DEED FILED IN DEED BOOK 2012 AT PAGE 27902.
2. SUBDIVISION PLAT FILED IN PLAT BOOK 23 AT PAGE 260.
DIMENSIONS ON THIS PLAT ARE EXPRESSED IN FEET AND DECIMAL PARTS THEREOF UNLESS OTHERWISE
NOTED. MONUMENTS WERE FOUND AT POINTS WHERE INDICATED.
BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONE "X" OF THE FLOOD INSURANCE RATE MAP,
COMMUNITY PANEL NO. 05143CO205F, WHICH BEARS AN EFFECTIVE DATE OF 5/16/2008 AND IS NOT IN A
SPECIAL FLOOD HAZARD AREA.
EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES NOT PURPORT TO REFLECT
OF ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT PROPERTY: EASEMENTS, OTHER
THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE TIME OF SURVEY; RESTRICTIVE COVENANTS;
SUBDIVISION RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS WHICH AN
ACCURATE TITLE SEARCH MAY DISCLOSE.
SURVEY DESCRIPTION:
PARCEL #765-26790-000
LOT 11, MOUNTAIN RANCH SUBDIVISION FINAL PLAT PHASE I TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS
PER PLAT OF SAID SUBDIVISION RECORDED IN PLAT BOOK 23, PAGE 280, RECORDED IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY. ARKANSAS.
EASEMENT REDUCTION AREA
A PART OF LOT 11. MOUNTAIN RANCH SUBDIVISION, FINAL PLAT PHASE 1 TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNT, ARKANSAS, AS SHOWN ON PLAT RECORDED IN BOOK 23, PAGE 280, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 5/8" REBAR MARKING THE NORTHEAST
CORNER OF THE SAID LOT 11, AND RUNNING S02"55'02-W 15.00' AND N87"00'33-W I0.00' TO THE TRUE POINT OF
BEGINNING, AND RUNNING THENCE S02"55'02"W 5.00; THENCE N87"00'33"W 52.86; THENCE S09"03'51"W 73.80;
THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 15.00', AN ARC LENGTH OF 25.10', AND A CHORD
BEARING AND DISTANCE OF S38"45'47"E 22.2T: THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF
26AT, AN ARC LENGTH OF 32.38', AND A CHORD BEARING AND DISTANCE OF N51"28'40"W 30.44; THENCE
N09"03'51"E 77.75; THENCE S87"00'33"E 62.38' TO THE TRUE POINT OF BEGINNING, CONTAINING IN ALL 0.026
ACRES, OR 1,142 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAYS OF RECORD.
That the abutting real estate affected by said abandonment of the utilities are: NOT APPLICABLE DUE TO THIS
PROPERTY BEING A CORNER LOT WITH NO ABUTTING NEIGHBORING UTILITY ISSUES. ENTIRE UTILITY
VACATION REQUEST SUBMITTED DOES NOT IMPEED ON ADJOINING NEIGHBOR PROPETIES.
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
realestate 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
thattitle to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,
and asto that particular land the owners be free from the easements of the public for the use of said alley.
Dated this2,1day of , 20_2 [.
Printed
Signature
Printed Name
Signature
Democrat aette
F. . SCx, ic.p7, FAYETTE VILLE, ;iR 72702 • L79•ds?•17OC - FAX •179.695-I1'8 - t'4°cViW..NWAGG.0 M
AFFIDAVIT OF PUBLICATION
1, 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 6463
Was inserted in the Regular Edition on:
August 8, 2021
Publication Charges: $110.96
hYA . SwilfZ-
Brittany Smith
Subscribed and sworn to before me
This i day ofe5&p 2021. Cathy Wiles
Benton COUNTY
NOTARY PUBLIC - ARKANSAS
My Commission Expires 02-20-2024
Notary Public 'Commission No.12397118
My Commission Expires: �// �
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6463
File Number. 2021-0547
VAC-2021-021: (3988 W. MOUNTAIN
VIEW DR./MOUNTAIN RANCH):
AN ORDINANCE TO APPROVE VAC
21-0021 FOR PROPERTY LOCATED
AT 3988 WEST MOUNTAIN VIEW
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 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 the portion of general utility
casement 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 8/3/2021
Approved:
Lioneid Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City
Clerk -Treasurer of the City of
Fayetteville, Arkansas. Amount paid: S
110.96
75450792 Aug 8, 2021