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HomeMy WebLinkAboutOrdinance 6507Doc ID: 020258270004 Type: REL Kind: ORDINANCE Recorded: 11/29/2021 at 12:28:58 PM \ Fee Amt: $30.00 Page 1 of 4 Washington County, AR m 1 Kyle Svlvester Circuit Clerk File2021-00045654 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 / \ DR C H NC L Ordinance: 6507 File Number: 2021-0854 VAC-2021-026 (NW OF E. 5TH ST & E. SEQUOYAH CT./COODY): AN ORDINANCE TO APPROVE VAC 21-026 FOR PROPERTY LOCATED NORTHWEST OF EAST 5TH STREET AND EAST SEQUOYAH DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT AND STREET RIGHT-OF-WAY 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 a general utility easement and street right-of-way 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 a general utility easement and street right-of-way as described in Exhibit B attached to the Planning Department's agenda 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. A 30-foot-wide utility easement shall be platted along the southern property line. 2. Access to any active AT&T lines are maintained and must be identified in the field by surveying. Page 1 Printed on 11/17121 Ordinance. 6507 File Number 2021-0854 hand digging and potholing. 3.Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 11/16/2021 Approv- : Attest: 1 / ```\mayGLGRTY r,<N I' di Lioneld I ordan, ayor Kara Paxton, City Clerk Treasurer FAYE'TEV/ :9.9 Page 2 Printed on 11/17/21 VAC-2021-000026 Vacation request for Cood `7 • VAC-2021-000026 Close Up View EXHIBIT 'A' Subject Property RF-J 0-_____co ___ =Q\l/ OR�t�-z� TAHTTH L32Q -. o NORTH RSF-4 Al RI-U Feet IIIM RMF-24 IN Hillside-Hilltop Overlay District Community Services . - - 0 75 150 300 450 600 ®Neighborhood Services-Gen. Planning Area —▪ I Fayetteville City Limits VAC-2021-000026 EXHIBIT 'B' SURVEY DESCRIPTION-STREET CUL-DE-SAC VACATION A PART OF THE SOUTHEAST QUARTER(SE1/4)OF THE SOUTHEAST QUARTER(SE1/4)OF SECTION FIFTEEN(15),TOWNSHIP SIXTEEN(16)NORTH,RANGE THIRTY(30)WEST OF THE FIFTH PRINCIPAL MERIDIAN,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE1/4)OF THE SOUTHEAST QUARTER(SE1/4)OF SAID SECTION FIFTEEN(15),SAID POINT BEING AN EXISTING ARKANSAS STATE LAND SURVEY MONUMENT;THENCE S00°07'29"E 1549.00 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN(15)TO AN EXISTING IRON REBAR;THENCE S00°07'29"E 256.66 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN(15)TO AN EXISTING IRON REBAR ON THE NORTH LINE OF LAND PARCEL 765-14336-001 OF THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS;THENCE S89°45'24"W 3.16 FEET TO THE NORTHWEST CORNER OF SAID LAND PARCEL 765-14336-001; THENCE 500°07'48"W 244.76 FEET ALONG THE WEST LINE OF SAID PARCEL 765-14336-001 AND THE WEST LINE OF LOT ONE(1) OF GREEN HILLS SUBDIVISION TO THE CITY OF FAYETTEVILLE,ARKANSAS,TO AN EXISTING IRON REBAR ON THE NORTH RIGHT- OF-WAY LINE OF OVERLAND TRAIL,SAID POINT BEING ON A 390.69 FOOT RADIUS CURVE CONCAVE TO THE NORTH;THENCE WESTERLY 130.30 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE,THE CHORD FOR WHICH BEING N80°30'29"W 129.70 FEET,TO THE TRUE POINT OF BEGINNING,SAID POINT BEING AN EXISTING IRON REBAR AT THE BEGINNING OF A FIFTY(50) FOOT RADIUS CURVE CUL-DE-SAC,THE CENTER OF SAID CUL-DE-SAC BEARING 582°10'26"W 50.00 FEET;THENCE 261.80 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE,THE CHORD FOR WHICH BEING S22°10'26"W 50.00 FEET,TO AN EXISTING IRON REBAR;THENCE N22°10'26"E 50.00 FEET TO THE POINT OF BEGINNING. SURVEY DESCRIPTION-VACATING TWENTY(20)FOOT WIDE UTILITY EASEMENT A TWENTY(20)FOOT WIDE UTILITY(SEWER)EASEMENT(NOT CONSTRUCTED)BEING TEN(10)FEET OF EQUAL AND UNIFORM WIDTH EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE:A PART OF THE SOUTHEAST QUARTER(SE1/4)OF THE SOUTHEAST QUARTER(SE1/4)OF SECTION FIFTEEN(15),TOWNSHIP SIXTEEN(16)NORTH,RANGE THIRTY(30)WEST OF THE FIFTH PRINCIPAL MERIDIAN,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER(NE1/4)OF THE SOUTHEAST QUARTER(SE1/4)OF SAID SECTION FIFTEEN(15),SAID POINT BEING AN EXISTING ARKANSAS STATE LAND SURVEY MONUMENT;THENCE S00°07'29"E 1549.00 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN(15)TO AN EXISTING IRON REBAR;THENCE N89°45'34"W 576.11 FEET TO AN EXISTING IRON REBAR;THENCE S89°45'34"E 10.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE;THENCE 500°10'48"E 230.00 FEET ALONG SAID CENTERLINE TO A POINT;THENCE 522°37'00"E 275.60 FEET ALONG SAID CENTERLINE TO THE TERMINAL POINT OF SAID EASEMENT CENTERLINE. Washington County, AR I certify this instrument was filed on 11/29/2021 12128:58 PM and recorded in Real Estate File Number 02Cir0004cuit 654 Clerk Kyle Sylvester- by - < City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0854 Agenda Date: 11/16/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 VAC-2021-026 (NW OF E. 5TH ST & E. SEQUOYAH CT./COODY): AN ORDINANCE TO APPROVE VAC 21-026 FOR PROPERTY LOCATED NORTHWEST OF EAST 5TH STREET AND EAST SEQUOYAH DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT AND STREET RIGHT-OF-WAY 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 a general utility easement and street right-of-way 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 a general utility easement and street right-of-way as described in Exhibit B attached to the Planning Department's agenda 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. A 30-foot-wide utility easement shall be platted along the southern property line. 2. Access to any active AT&T lines are maintained and must be identified in the field by surveying, hand digging and potholing. 3. 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 11/17/2021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0854 Legistar File ID 11/16/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/29/2021 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2021-000026: Vacation (NW OF E. 5TH ST & E. SEQUOYAH CT./COODY, 525): Submitted by REID & ASSOCIATES, INC. for property located NW OF E. 5TH ST. & E. SEQUOYAH DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. The request is to vacate a portion of a general utility easement and a portion of a street right of way totaling approximately 5,830 and 7,560 square feet, respectively. 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 NOVEMBER 16, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner DATE: October 29, 2021 CITY COUNCIL MEMO SUBJECT: VAC-2021-000026: Vacation (NW OF E. 5TH ST & E. SEQUOYAH CT./COODY, 525): Submitted by REID & ASSOCIATES, INC. for property located NW OF E. 5TH ST. & E. SEQUOYAH DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. The request is to vacate a portion of a general utility easement and a portion of a street right of way totaling approximately 5,830 and 7,560 square feet, respectively. RECOMMENDATION: Staff recommends approval of VAC-2021-000026 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. A 30-foot-wide utility easement shall be platted along the southern property line. 2. Access to any active AT&T lines are maintained and must be identified in the field by surveying, hand digging and potholing. 3. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is located southeast of downtown Fayetteville, roughly 700 feet northwest of the intersection of E. Huntsville Road and S. Sherman Avenue and at the west end of E. 5t" Street. The easement and right-of-way in question are located on a property which totals approximately 6.81 acres and is an undeveloped greenfield site. Nearly the entire property falls within the Hillside Hilltop Overlay District. There is over 100 feet of declining elevation difference from the north property line to the south at a relatively steady grade of about 20%. A depression runs along much of the west property line. Further limiting the potential connectivity of the roadway is a City Council resolution approved in February of 1996 which established a policy to not extend streets over Mt. Sequoyah finding that it was not in the best interest of the City to create narrow, winding, and congested streets. Request: The applicant proposes to vacate approximately 7,560 square feet of Overland Trail cul- de-sac right-of-way and 5,830 square feet of un-utilized general utility easement. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Public Comment: On October 20th staff received written comment from the property owner to the south who did not sign the adjacent property owner approval form. The abutting owner indicated they would support the right-of-way vacation request on the condition that stormwater would be diverted away from their property towards 5th Street or the low point to west. According to the applicant, the property owner was contacted to sign -off on the form and did not act over the course of multiple months. A memo prepared by the City attorney suggests if legal access is impractical, unfeasible, or unusable the City is not at legal risk by vacating public right-of-way adjacent to a property owner without their consent. This is included in the attached staff report. DISCUSSION: At the October 25, 2021 Planning Commission meeting, this item was forwarded to City Council with a vote of 7-0-0, with a recommendation of approval and the conditions as outlined at the beginning of this report. Commissioner Sparkman made the motion and Commissioner Wiederkehr seconded. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report VAC-2021-000026 Close Up View Hillside -Hilltop Overlay District Planning Area Fayetteville City Limits Vacation request for Coody VAC-2021-000c EXHIBIT 'A' ubject Property RSF-4 Feet 0 75 150 300 450 1 inch = 200 feet !Z/ U / W (NORTH RSF-4 RI-U RMF-24 Community Services 600 Neighborhood Services - Gen. VAC-2021-000026 EXHIBIT 'B' SURVEY DESCRIPTION - STREET CUL-DE-SAC VACATION A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION FIFTEEN (15), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION FIFTEEN (15), SAID POINT BEING AN EXISTING ARKANSAS STATE LAND SURVEY MONUMENT; THENCE S00°07'29"E 1549.00 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN (15) TO AN EXISTING IRON REBAR; THENCE S00'07'29"E 256.66 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN (15) TO AN EXISTING IRON REBAR ON THE NORTH LINE OF LAND PARCEL 765-14336-001 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE S89'45'24"W 3.16 FEET TO THE NORTHWEST CORNER OF SAID LAND PARCEL 765-14336-001; THENCE S00'07'48"W 244.76 FEET ALONG THE WEST LINE OF SAID PARCEL 765-14336-001 AND THE WEST LINE OF LOT ONE (1) OF GREEN HILLS SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, TO AN EXISTING IRON REBAR ON THE NORTH RIGHT- OF-WAY LINE OF OVERLAND TRAIL, SAID POINT BEING ON A 390.69 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTERLY 130.30 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD FOR WHICH BEING N80°30'29"W 129.70 FEET, TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AN EXISTING IRON REBAR AT THE BEGINNING OF A FIFTY (50) FOOT RADIUS CURVE CUL-DE-SAC, THE CENTER OF SAID CUL-DE-SAC BEARING S82°10'26"W 50.00 FEET; THENCE 261.80 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD FOR WHICH BEING S22°10'26"W 50.00 FEET, TO AN EXISTING IRON REBAR; THENCE N22'10'26"E 50.00 FEET TO THE POINT OF BEGINNING. SURVEY DESCRIPTION - VACATING TWENTY (20) FOOT WIDE UTILITY EASEMENT A TWENTY (20) FOOT WIDE UTILITY (SEWER) EASEMENT (NOT CONSTRUCTED) BEING TEN (10) FEET OF EQUAL AND UNIFORM WIDTH EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION FIFTEEN (15), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION FIFTEEN (15), SAID POINT BEING AN EXISTING ARKANSAS STATE LAND SURVEY MONUMENT; THENCE S00'07'29"E 1549.00 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN (15) TO AN EXISTING IRON REBAR; THENCE N89'45'34"W 576.11 FEET TO AN EXISTING IRON REBAR; THENCE S89'45'34"E 10.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S00°10'48"E 230.00 FEET ALONG SAID CENTERLINE TO A POINT; THENCE S22°37'00"E 275.60 FEET ALONG SAID CENTERLINE TO THE TERMINAL POINT OF SAID EASEMENT CENTERLINE. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner MEETING DATE: October 25, 2021 Updated with Planning Commission Results SUBJECT: VAC-2021-000026: Vacation (NW OF E. 5TH ST & E. SEQUOYAH CT./COODY, 525): Submitted by REID & ASSOCIATES, INC. for property located NW OF E. 5TH ST. & E. SEQUOYAH DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. The request is to vacate a portion of a general utility easement and a portion of a street right of way totaling approximately 5,830 and 7,560 square feet, respectively. RECOMMENDATION: Staff recommends forwarding VAC-2021-000026 to City Council, with conditions. RECOMMENDED MOTION: "I move to forward VAC-2021-000026 to City Council, recommending approval and with conditions as recommended by staff." BACKGROUND: The subject property is located southeast of downtown Fayetteville, roughly 700 feet northwest of the intersection of E. Huntsville Road and S. Sherman Avenue and at the west end of E. 5th Street. The easement and right-of-way in question are located on a property which totals approximately 6.81 acres and is an undeveloped greenfield site. Nearly the entire property falls within the Hillside Hilltop Overlay District. There is over 100 feet of declining elevation difference from the north property line to the south at a relatively steady grade of about 20%. A depression runs along much of the west property line. Surrounding land uses and zoning are 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 Single-family Residential RMF-24, Residential Multi -family, 24 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre Proposal. The applicant proposes to vacate approximately 7,560 square feet of Overland Trail cul-de-sac right-of-way and 5,830 square feet of un-utilized general utility easement. DISCUSSION: Staff supports the request primarily due to the lack of opportunity for the right-of-way to provide future connectivity. Overland Trail represents the unbuilt dead-end culmination of a segment of E. 5t" Street at the subject location. Without further right-of-way dedication, and with due consideration for the surrounding terrain, the street has limited potential to tie into another existing roadway. Further limiting the potential connectivity of the roadway is a resolution (Res. 19-96; attached) approved in February of 1996 which established a policy to not extend streets over Mt. Sequoyah finding that it was not in the best interest of the City to create narrow, winding, and congested streets. Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses. An abutting property owner was contacted to sign -off approving of the vacation of right-of-way on their property and did not respond to the request. According to a memo offered by the City attorney (attached), if legal access is impractical, unfeasible, or unusable the City is not at risk by not obtaining the property owners' consent. City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste No objections and no comment. Transportation No objections and no comment. Utilities Response AT&T No objections provided that access to any active AT&T lines are maintained. Lines must be identified in the field by surveying, hand digging and potholing. Cox No objections provided the following conditions are met: Any damage or relocation of existing facilities will be at the applicant's expense. AEP/SWEPCO No objections provided that a 30-foot utility easement is maintained along the south property line. Blackhills Energy No objections and no comment. Ozarks Electric No objections and no comment. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC-2021-000026 to City Council recommending approval with the following conditions: Conditions of Approval: 1. A 30-foot-wide utility easement shall be platted along the southern property line. 2. Access to any active AT&T lines are maintained and must be identified in the field by surveying, hand digging and potholing. 3. 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: October 25, 2021 O Tabled "I Forwarded O Denied Motion: Sparkman ISecond: Wiederkehr jVote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • City Attorney Memo • Resolution 19-96 • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Planning Commission Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker CC: Jonathan Curth, Development Services Director Paralegal FROM: Kit Williams, City Attorney�]�_ �s�S THRU: Blake Pennington, Asst. City Attorne DATE: October 11, 2021 RE: Vacation of Street Right -of -Way We use A.C.A. §14-54-104(2) as our primary authority to vacate street right-of-way because it does not have A.C.A. §14-301-302's absolute requirement for the consent of all owners whose land abuts the right-of-way to support such vacation. In virtually all cases, a property owner abutting a street right of way has a property interest in such right of way which cannot be taken away without the possibility that a constitutional taking has occurred. Therefore, I have asked our Planning Department to require an applicant to obtain all abutting owners' signatures of consent to such vacation. However, in a rare situation, a property owner's abutment to street right- of-way may not really provide the owner a realistic access. For example, if a land owner only had an unusable access to a street right-of-way, that street or alley could be vacated without the owner's consent. Such an unusual situation appears to be before the Planning Commission tonight. One owner's property is slightly encroached by an unbuilt turnaround of a street right-of-way up a steep hill from the owner's property. The steepness of the slope and the existing retaining walls separating the owner's land from this unbuilt turnaround as well as the lay out of the existing townhouse development on its own street would make any further access to the unbuilt turnaround impractical, unfeasible, and almost unbuildable. This is one time that I believe the City of Fayetteville can safely vacate this unbuilt right-of- way without the written consent of the downhill owner. This strange situation proves that no development regulation or rule can always be uniformly applied for every development. Our beautiful mountains can sometimes present slope and location issues that call for an exception to even one of our most normally applicable rules. I believe this is one such exception. 2 Be OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney TO: Jonathan Curth, Development Services Director Blake Pennington Assistant City Attorney Jodi Batker CC: Blake Pennington, Asst. City Attorney Paralegal FROM: Kit Williams, City Attorney (--I DATE: October 11, 2021 RE: City may use §14-54-104 to vacate street right-of-way The State of Arkansas has two statutes providing authority to municipalities to vacate street right-of-way. We consistently use A.C.A. §14-54- 104 because it is the easiest to prove and provides the City Council with the greater discretion. A.C.A. §14-301-301 et seq is possibly more specific than §14- 54-104, but the Arkansas Supreme Court has expressly held that the passage of "§14-301-303 did not repeal a city's power under §14-54-104 to close a street." Riley v. Town of Higginson, 2009 Ark. App. 294, page 4 {citing Brooksher v. Jones, 238 Ark. 1005 (1965)}. "The supreme court has held that a city's power under §14-54- 104 is unaffected by §§14-301-301 and 14-301-303." Id. at page 5 Therefore, as long as the City Council can reasonably determine the proposed to be vacated street right-of-way is "not required for corporate purposes," it may vacate such right-of-way. If the abutting properties' owners have not consented, the City could be faced with a takings claim based upon the landowners' right of ingress and egress over the abandoned road. That is why the consent of owners of abutting land is usually necessary to protect the City. However, if any such legal access is so impractical, unfeasible, or unusable as to be virtually worthless, then the City would not be running any substantial risk by vacating the right-of-way. 10/20/2021 Right of way vacation request (Parcel #765-14396-13) Charles Daniel Coody & Deborah M. Coody Adjacent Property owners response. Angela G. Colly & Michael P. Colly Our property borders the south property line of the subject property. For 20 years we have experienced stormwater runoff from the subject property. This has caused thousands of dollars of damage to our 24 Townhomes.. The major runoff is from the property bordering the north of the subject property and owned by the Coody's. Before agreeing to vacate we would need the following. 1.All stormwater runoff, on and above the subject property, to be corrected to run east to 5th street and west to the city creek which was the natural runoff prior to a dirt road being cut in. The road runs east to west and then north up the mountain. 2. Any road to be established for ingress & egress to subject property to provide permanent runof east to 5th street and west to the city creek. 3. Any utilities hooked up at or below subject property to be filled properly as to prohibit collection of stormwater runoff and subsurface drainage to the downhill property. The above to be in effect before, during and after construction on subject property. Respectfully, Angela & Michael Colly s b Reiu9 I r\ 1 —� {L Ali�O'C'IATE5 PROFESSIONAL LAND SURVEYORS August 31, 2021 City of Fayetteville Planning & Engineering 125 W. Mountain Street Fayetteville, Arkansas Re: Cul-de-sac right-of-way vacation and U.E. vacation (Overland Trail / Parcel 765-14396-013) Dear Planners, On behalf of my clients, Dan and Deborah Coody, I am submitting for your review a vacation of a utility easement located on parcel 765-14396-013 and also a request to vacate the cul-de-sac right-of-way of Overland Trail adjacent to parcel no. 765-14396-013 (please see attached survey depicting easements requested to be vacated.) The street cul-de-sac right -of way requested to be vacated was never developed. Overland Trail ends before entering the cul-de-sac. The vacated right-of-way of the cul-de-sac will revert to the adjacent property owners. The twenty. (20) foot wide utility easement requested to be vacated was originally established for a sewer line but was never utilized. A sewer line easement does exist which enters parcel 765-14396- 013 on the West boundary and exists on the South boundary. That easement contains the sewer line and manholes. The public interest and welfare would not be adversely affected by the abandonment of the above described street right-of-way and utility easement. Please contact my office with any questions or comments. Be egards, v�4� AI n Reid 1_1� Professional Land Surveyor 118 S. College Avenue Fayetteville; Arkansas 72701 479 444 8784 arasurveying@sbcalobal.net PETITION TO VACATE A UTILITY EASEMENT LOCATED ON PARCEL 765-14396.013 AND ALSO TO VACATE THE CUL-DE-SAC RIGHT -OF WAY OF OVERLAND TRAIL ADJACENT TO PARCEL NO.765-14396- 013 PART OF SE'/4 OF SE 1/4 OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, CITY OF FAYETTEVILLE, ARKANSAS (SEE ATTACHED SURVEY FOR FURTHER DETAILS To: The Fayetteville City Council & Planning Commission We, the undersigned, being the owners of real estate abutting the utility easement and cul-de-sac right-of-way hereinafter sought to be abandoned and vacated, located within on parcel no. 765-14396-013. Part of SE1/4 of SE'/4 of Section 15, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County Arkansas, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows (please see attached drafted survey for a visual): SURVEY DESCRIPTION —VACATING TWENTY (20) FOOD WIDE UTILITY EASEMENT A TWENTY (20) FOOT WIDE UTILITY (SEWER) EASEMENT (NOT CONSTRUCTED) BEING TEN (10) FEET OF EQUAL AND UNIFORM WIDTH EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE114) OF SECTION FIFTEEN (15), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION FIFTEEN (15), SAID POINT BEING AN EXISTING ARKANSAS STATE LAND SURVEY MONUMENT; THENCE S00°07'29"E 1549.00 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN (15) TO AN EXISTING IRON REBAR; THENCE N89°45'34"W 576.11 FEET TO AN EXISTING IRON REBAR; THENCE S89°45'34"E 10.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S00010'48"E 230.00 FEET ALONG SAID CENTERLINE TO A POINT; THENCE S22037'00"E 275.60 FEET ALONG SAID CENTERLINE TO THE TERMINAL POINT OF SAID EASEMENT CENTERLINE. SURVEY DESCRIPTION - STREET CUL-DE-SAC VACATION (OVERLAND TRAIL) A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE114) OF SECTION FIFTEEN (15), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION FIFTEEN (15), SAID POINT BEING AN EXISTING ARKANSAS STATE LAND SURVEY MONUMENT; THENCE S00°07'29"E 1549.00 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN (15) TO AN EXISTING IRON REBAR; THENCE S00°07'29"E 256.66 FEET ALONG THE EAST LINE OF SAID SECTION FIFTEEN (15) TO AN EXISTING IRON REBAR ON THE NORTH LINE OF LAND PARCEL 765-14336-001 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE S89°45'24"W 3.16 FEET TO THE NORTHWEST CORNER OF SAID LAND PARCEL 765-14336-001; THENCE S00°07'48"W 244.76 FEET ALONG THE WEST LINE OF SAID PARCEL 765-14336-001 AND THE WEST LINE OF LOT ONE (1) OF GREEN HILLS SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, TO AN EXISTING IRON REBAR ON THE NORTH RIGHT-OF-WAY LINE OF OVERLAND TRAIL, SAID POINT BEING ON A 390.69 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTERLY 130.30 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD FOR WHICH BEING N80°30'29"W 129.70 FEET, TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AN EXISTING IRON REBAR AT THE BEGINNING OF A FIFTY (50) FOOT RADIUS CURVE CUL-DE-SAC, THE CENTER OF SAID CUL-DE-SAC BEARING S82010'26"W 50.00 FEET; THENCE 261.80 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD FOR WHICH BEING S22°10'26"W 50.00 FEET, TO AN EXISTING IRON REBAR; THENCE N22-10'26"E 50.00 FEET TO THE POINT OF BEGINNING. The street cul-de-sac right -of way requested to be vacated was never developed. Overland Trail ends before entering the cul- de-sac. The vacated right-of-way of the cul-de-sac will revert to the adjacent property owners. The twenty (20) foot wide utility easement requested to be vacated was originally established for a sewer line but was never utilized. A sewer line easement does exist which enters parcel 765-14396-013 on the West boundary and exists on the South boundary. That easement contains the sewer line and manholes. The public interest and welfare would not be adversely affected by the abandonment of the above described street right-of-way and utility easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas abandon and vacate the above described real estate, and as to that particular land the owners be free from the easements of the public for the use of said utility easement and cul-de-sac right -of way. Dated this day of V021. Charles Daniel Coody & Deborah M. Coody gm W 11 nw OOw ta. rasa. a. MMUMUU —71 7zax\ios\ -�% O.Oo) S89'45'34"E _—____—__—____---__—__—__—___- \---. is—e.s.e \ \ a Zia TRACT A \ \\ o 3.302 ACRES n ORIGINAL AREA PT. SE 1/4 SE SEC151/4 T765-14396-013 m 6.65f ACRES '__—_S89'45'34"E.__—__—ORABCT_ I?OCBTe 9'-----� NO, zO.EM asr-. o 10,\�-la7 I ---- of 263.91 II BTRACT RES UT r.FPsEu44E•)UL C 1.814 ACRES ECUL-OE-SAC VACATED TOBE N C: HIEsour1341. --239.52 —\ ERASE S89'48'22W ^ 'Ps 7 Fczzsol j€A OVERLAND TRAIL- CNOTD EAST ov same ) (ASPHALT, SO' H/w) THIS PROPERTYTOOES NOT LIE IN ZONE'A/AE' (SPECIAL FLOOD HAZARD AREAS INUNDATED BY 100-TEAR FLOOD) AS DETERMINED FROM THE F.I.R. M. MAP OF WASHINGTON COUNTY, ARKANSAS, AND INCORPORATED AREAS, MAP NUMBER 0514310220 F, EFFECTIVE DATE MAY 16, 2008, THIS PROPERTY DOES NOT APPEAR TO CONTAIN WETLAND AREAS AS INDICATED ON THE U.S. FISH & WILDLIFE SERVICE NBUONAL US INVENTORY MAP FOUND AT HT S//WWW❑R ..GOV/V/ETIANDS/DATA/M PER.HTML i..� SITE a II c sTH s n F VICINITY MAP 0 60 120 160 I^"M BENCHMARK SEf 1 /2' RE NORTHING: 6. ELION: 2 ELEVATEV67 ATIO 2 zcx[o vsr-. ore ,HIL I+ri+Ess/FmEss usEUExr r—R/W E. STH ST (Asrnn1. 40' R/W) ___R/W Im OWNER/DEVELOPER: CHARLES DANIEL & DEBORAH M COODY (479)443-6758 MAILING PDDRES 7 E. TANAGER LN, FAYE TEVILLE. AR 72701 C11R—U TRAIT PHYSICAL ADDRESS: FAYETTEVILLE. AR 72701 PARCEL NO, 765-14396-013 PROPOSED USE RESIDENTIAL ZONED. RSF-4 RESIDENTIAL SINGLE-FAMILY FOUR UNITS/ACRE FRONT .111 FI5 FEET BE CIR STAR DE-5.11 FEET REAR..5 FEET LEGEND ® AS OMIT O O SANRARY SEWER MANHOLE 6 } O IL ® BUGGY AxLE 6 p T © CABLE ® GAS I SIGN Q SET© LINE cAeLE 1v PEOEs _LSOTAL ® G cu S ueq ❑ SET STA ION O " I/M' RON gEBAq + COMPLIED PONT ® GAS REGULATOR 0 . CONC. MONUMENT GENERATOR ■ STONE MONUMENT Y C.O.E. MONUMENT A GROUND UGNT E ® STORM DRNN MANHOLE N ® 9IRATE OX ® EL�ECTR1 BO% ® ELECTRC METER O LAMP �FOEi MAIL Ol BEPHONE BO% ® iEIEPHOrvE PEDE6TAL ® ELEC-1 PEDESTAL t PARKING SIGN 0 MP B IXST ALUM CAPPE } IXSt. COnON OLE IT AY PHONE # POUwER POLE CB RPf SIGNAL IS RFN RMER BJ% ® ':'6 G IRON PIPE PIE TAINK © iREEEEO • Ex16TxC xuL gEBaq ® PIKE A NEALIIB WATER METER 61 EXIST IRON IN CONCRETE — - — CENTERLINE ROAD ----- RIGHT ooIW wAy LING —�— CE RINACY FENCEFEN v HILL IF Y MONUMENT O SANITARY EEWER — — — EASEMErvT ------- BUILDIrvc • UNDER — — GAS b WATER SPIGO w wATER VALVET ONE 1 GK LINE DNC GROUNDCELECTRICE LINE LINE WIRE FENCE UP INTERVAL IMOR ------. BUILDING ONO INTERJAL ° DRCH/WATER ONE — — Y WALE TELEPHONE PR ME— 'IN, ONE VISIONSGRAFTSMAN APA Alan Reid OF oe/I6/: IESCRIPTION NE BY EST GI2E CHARLES DANIEL & DEBORAH M COODY VAC-2021-000026 One Mile View ■■ 1 RSF Coody 0 0.125 0.25 0.5 Miles NORTH ------ --------- ----- -- % _------ - -- RSF-4 Subject Property cn CS DG M1 f R-O MSC J Neighborhood Link — Regional Link - High Activity — — — Shared -Use Paved Trail<Lim - - - Trail (Proposed) Fayetteville City Limits-----PlaPlanning Area Fay D I-1 r Zan,ng -- � 42 Generel lnduaVial RESIDENTIAL SINGLE-FAMILY EXTRACTION NSG E-1 RI-U COMMERCIAL RI-12 Reaidentlal-OMce NSL C-1 �Reaidendal-AgnwlWrel IIIIIIIIIC-2 R. ii C-3 R. FORM BASED DISTRICTS RSF-2 Downtown Care RS1-4 UTai TM1amugMare R. Main SVeat Center RSF-fi Downtown Generel RSF-18 Cu...itYS . RESIDENTIAL MULTI -FAMILY Naignbamaad S—i.. -1 M Wig— Ild Cansarvadan RMF-12 PLANNED ZONING DISTRICTS � RMF-1fi Camm , Ind. —I, Reaiaentlal W124 INSTITUTIONAL RM_ P-1 INDUSTRIAL 41 Heary Com—.1 and Lion lnduatnal VAC-2021-000026 Coody Close Up View RSF=4 Subject Property ST RSF-4 RI-U Feet RMF-24 j Community Services Hillside -Hilltop Overlay District _ - 0 75 150 300 450 600 M Neighborhood Services - Gen. `Planning Area L. - - 1 inch = 200 feet L — I Fayetteville City Limits VAC-2021-000026 Coody A& Current Land Use NORTH � h r Single -Family Residential tM Subject Property dx Undeveloped ems,. ,_ Single Family Residential 1: Mixed Use Residential HUNTSVILLE RDI . e _ w > Yr Ce_ > W pF "t � t pc. ♦_♦ %may FEMA Flood Hazard Data 100-Year Floodplain Neighborhood Link Feet Floodway Trail (Proposed) Planning Area 0 112.5 225 450 675 900 ' ' Fayetteville City Limits 1 inch = 300 feet Democrat OwAzette .1,� A'-'F. T 4,1"; ,'-�.: 7L%i;� ...7 .,1.9�-I' . ^ FP.Y :;9-o9,r11-S • 1"il',''ti' 1':�li4Dv.f:;�" AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that 1 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 6507 Was inserted in the Regular Edition on: November 21, 2021 Publication Charges: $130.72 Brittany Smith Subscribed and sworn to before me This Z lj day of W- , 2021. I& L Notary Public My Commission Ex ires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC -ARKANSAS My Commission Expires 02-20-2024 Commission No. 12397118 Ordinance: 6507 File Number: 2021-0854 VAC-2021-026 (NW OF E. 5TH ST & E. SEQUOYAH CT./COODY): AN ORDINANCE TO APPROVE VAC 21-026 FOR PROPERTY LOCATED NORTHWEST OF EAST 5TH STREET AND EAST SEQUOYAH DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT AND STREET RIGHT-OF-WAY 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 a general utility easement and street right -of --way 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 a general utility easement and street right-of-way as described in Exhibit B attached to the Planning Department's agenda 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: I. A 30-foot-wide utility easement shall be platted along the southern property line. 2. Access to any active AT&T tines are maintained and must be identified in the field by surveying, hand digging and potholing. 3. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developers expense. PASSED and APPROVED on 11/16/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by: The City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $130.72. 75491337 Nov 21, 2021