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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 i RPZD 1 1 1 r 1 G Ir 0 IX PERSIMMON ST z Q-p LLJ � OUNTAIN VIEW DR—zp - Regional Link - Neighborhood Link Planning Area Feet � Fayetteville City Limits — • Shared -Use Paved Trail 0 55 110 220 330 - - Trail (Proposed) 1 inch = 150 feet 440 P-1 RSF-4 6RMOUNT A, A'QOV �OF NcFO � R Qv c °� NORTH Residential -Agricultural RSF-4 Commercial Industrial Residential P-1 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 1 t — — Fayetteville City Limits ---• Shared -Use Paved Trail Trail (Proposed) Shirley FP-1 l1 ill w / e 4N 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � I W J EXHIBIT 'A' VAC-2021-000018 �y ------------------- PERSIMMON STi - - - - - z '� z OUNTAINVIEWDR—MAI 2 I 1 Feet 0 55 110 220 330 440 1 inch = 150 feet RSF-4 MOUNT VI WVI �R OVz F R Q� \ CA °�v NORTH Residential -Agricultural RSF-4 Commercial, Industrial, Residential P-1 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 J n O U 0 ry z 5w � w^1 V / w I NO N2'OHb30MOd'N azmm¢ z f 111 Rio= > z'op3 w 'N Saw o_ o° 4��'w mm• 'sp � � ��O¢•• ,a.••a 6�'. az 3yddnz _�mo -,m-� %c7 'm�'z' �.�: < � o•' m O zo m>ozz zoo °w p�i{l'•........ 'a0'�p _owm '�bj •. 4�. owwF_z paw �m S Z. N1Q<w moo L< PROFESO`' oo�wz� wwz A�€� wrc uz, wox .w a X Iw .00'S1LL `owl M „Zq.55.Z0 S x° to N I 3a a 3n `s_s'e_sz 7 QpP �LL % � � aae3 bulaua 3:�'XV + r n Q n a �� U z $ g a ti va 20 lAZ o > nj mwOw x °u i �O r ia � m peo�i add -; x"bb ,Z) _ I-� wT. 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G¢o w o wrc .howmF° ¢ „Nw�a�oW ow,y LL �m0 mz m¢ ,F55 a IJ_Jj¢p ym3 Kw Oz° pOfNd()F �.v�' one u m wp "° - o oF� xzww aoz=ay°m �o'aow� r oyrczu3o3'z�wwz� ° NN i uo �un�o zo�ao"rcmm�o�oox� �W rc y„ - S wN y-y r�> wpo m p -mg io�wmaao �o>oi wrcwN�>iozo�orciozwI �3ww w mz`0rc zmw c°i� M. goo oo? p3y y� �:u'o mS wv, u w>wao aOum�3 wa�pmu°mI-.. I- �morc m$aa r°i N1mrc Nwu i z �rc r zI w z z -wO �o .°mw $>wrcyw%w i3 0, ~owm3aw ouw¢ul� oww° ow���wmwzo �w� �_ °m w cwi l w m -° o 3 y m s' m III I I I •®®®oo®o®�; 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