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HomeMy WebLinkAboutOrdinance 6512I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIII Doc ID: 020299120004 Type: REL Kind: ORDINANCE Recorded: 12/21/2021 at 09:24:29 AM Fee Amt: $30.00 Page i of 4 Washington County, AR Kyle Sylvester Circuit Clerk File Number: 2021-0903 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6512 VAC-2021-028 (3428 E. JASPER LN./MCMILLEN): ARCHIVED AN ORDINANCE TO APPROVE VAC 21-028 FOR PROPERTY LOCATED AT 3428 EAST JASPER LANE TO VACATE PORTIONS OF A GENERAL UTILITY EASEMENT AND DRAINAGE 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 portions of a general utility easement and drainage easement are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates portions of a general utility easement and drainage 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 12/7/2021 Page 1 Printed on 1218121 Ordinance: 6512 File Number.' 2021-0903 ADnroved: Attest: Ole Kara Paxton. City Clerk Treasurer `��e�ttnr►rir�A �'� • '. c^ 'v:FAyF EVILLE; ;TO Page 2 Printed on 12/8/21 VAC-2021-000028 McMillen Close up view EXHIBIT 'A' R-A Subject Property, , A& NORTH Residential -Agricultural Feet RSF-4 P-1 Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1 inch = 200 feet VAC-2021-000028 BLEW & ASSOCIATES, PA EXHIBIT 'B' CIVIL ENGINEERS & LAND SURVEYORS PART OF LOT 15, COPPER CREEK SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 19 AT PAGE 1, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET 5/8" REBAR & CAP #1826 & #1659 ON THE NORTHWESTERN CORNER OF SAID LOT 15, COPPER CREEK SUBDIVISION, TO THE CITY OF FAYETTEVILLE ARKANSAS; THENCE S02°26'49"W A DISTANCE OF 8.00' TO THE TRUE POINT OF BEGINNING; THENCE S87°11'44"E A DISTANCE OF 85.00; THENCE S02026'49"W A DISTANCE OF 7.00 ; THENCE N87011'44"W A DISTANCE OF 85.00; THENCE NO2°26'49"E A DISTANCE OF 7.00' TO THE POINT OF BEGINNING, 0.014 ACRES MORE OR LESS. 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 47 9- 5 8 2- 1 8 8 3 Washington County, AR I certify this instrument was filed on 12/21 /2021 09:24:29 AM and recorded in Real Estate File Number2021-00048607 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 'U. (479) 575-8323 Text File -- File Number: 2021-0903 Agenda Date: 12/7/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: CA VAC-2021-028 (3428 E. JASPER LN,/MCMILLEN): AN ORDINANCE TO APPROVE VAC 21-028 FOR PROPERTY LOCATED AT 3428 EAST JASPER LANE TO VACATE PORTIONS OF A GENERAL UTILITY EASEMENT AND DRAINAGE 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 portions of a general utility easement and drainage easement are 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 portions of a general utility easement and drainage 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 1218/2021 City of Fayetteville Staff Review Form 2021-0903 Legistar File ID 12/7/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 11/19/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2021-000028: Vacation (3428 E. JASPER LN./MCMILLEN, 486): Submitted by BLEW AND ASSOCIATES for property located at 3428 E. JASPER LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acres. The request is to vacate an approximately 0.03 acre portion of a drainage easement and 0.01 acres of a general utility easement. 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 DECEMBER 7, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: November 19, 2021 CITY COUNCIL MEMO SUBJECT: VAC-2021-000028: Vacation (3428 E. JASPER LN./MCMILLEN, 486): Submitted by BLEW AND ASSOCIATES for property located at 3428 E. JASPER LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acres. The request is to vacate an approximately 0.03 acre portion of a drainage easement and 0.01 acres of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2021-000028 as shown in the attached Exhibits 'A' and 'B', and with the following condition of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is in northeast Fayetteville and platted within the Copper Creek Ph. I subdivision. More specifically, the property is located at the northwest corner of E. Jasper Lane's intersection with N. Running Springs Drive. The property is developed with a detached single- family dwelling. Easements on the property encumber nearly half the lot's area. Request: The applicant proposes vacating portions of existing drainage and utility easements as indicated in the attached exhibits and totaling approximately 1,250-square feet and 392-square feet respectively. The property owner proposes use of the area for a pool. No portion of a pool, in -ground or above ground, may be built within an easement. DISCUSSION: The applicant submitted the required approvals from the public and private utility and service providers with no objections. Additionally, City Engineering staff were consulted about the drainage easement, determining that a failure to preserve drainage on the property will only affect the property owner. With submittal of the required vacation forms and utility consent, 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 VAC-2021-000028 McMillen EXHIBIT 'A' Close Up View R-A RSF-4 Subject Property A& NORTH Residential -Agricultural Feet RSF-4 P-1 Planning Area 0 75 150 300 450 600 9 Fayetteville City Limits 1 inch = 200 feet ,___, Y Y VAC-2021-000028 BLEW & ASSOCIATES, PA EXHIBIT 'B' CIVIL ENGINEERS & LAND SURVEYORS PART OF LOT 15, COPPER CREEK SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 19 AT PAGE 1, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET 5/8" REBAR & CAP #1826 & #1659 ON THE NORTHWESTERN CORNER OF SAID LOT 15, COPPER CREEK SUBDIVISION, TO THE CITY OF FAYETTEVILLE ARKANSAS; THENCE S02°26'49"W A DISTANCE OF 8.00' TO THE TRUE POINT OF BEGINNING; THENCE S87°11'44"E A DISTANCE OF 85.00; THENCE S02026'49"W A DISTANCE OF 7.00; THENCE N87°11'44"W A DISTANCE OF 85.00; THENCE NO2°26'49"E A DISTANCE OF 7.00' TO THE POINT OF BEGINNING, 0.014 ACRES MORE OR LESS. 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 Q Civil Engineers Professional Land Surveyors September 30, 2021 To Whom It May Concern, Setback/Easement Vacation 3825 N. Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 My clients, Michael & Lorie McMillen are requesting an easement vacation at their property at 3428 East Jasper Lane in Fayetteville. They are putting a pool in their backyard. This should not affect the adjacent properties in any way. We kindly ask for your approval to have a portion of the utility easement in our client's backyard vacated for their pool. The easement vacation affects parcel: 765-22450-000. Sincerely, Nikki Littrell Project Manager Blew & Associates, P.A. PETITION TO VACATE PETITION TO VAC4TE AN EASEMENT LOCATED IN LOT 015 OF THE COPPER CREEK SUBDI'JISION, CITY OF FAYETTEVILLE, ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayet=eville City Council We, the undersigr ed, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 015 of the Copper Creek Subdivision, City of Fayetteville, Arkansas, a munidpal corporation, petition to vacate an easement which is described as follows: PART OF LOT 15, COPPER CREEK SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 19 AT PAGE 1, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET 5/8" REBAR & CAP #1826 & #1659 ON THE NORTHWESTERN CORNER OF SAID LOT 15, COPPER CREEK SUBDIVISION, TO THE CITY OF FAYETTEVILLE ARKANSAS; THENCE :i02°26'49"W A DISTANCE OF B.00' TO THE TRUE POINT OF BEGINNING; THENCE S87°11'44"E A DISTANCE OF 85.00'; THENCE S02°26'49"W A DISTANCE OF 7.00'; THENCE N87°11'44"W A DISTANCE OF 85.00'; THENCE NO2°26'49"E A DISTANCE OF 7.00' TO THE POINT OF BEGINNING, 0.014 ACRES MORE OR LESS. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, hcwever to the existing utility easements and sewer easements as required and that the above described raal estate be used for their respective benefit and purpose as now approved by law. The petitioners fu -ther 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, Arkar sas, 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 zs provided by law, and as to that particular land the owners be free from the easements of the )ublic for the use of said alley. Dated this day of �MdMMIE,W , 20�4. 64, Printed Name Signature Printed Name Signature Democrat Man* T qrmwpwpwww�-mom J u?•47;-142.1p;,i,:r 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 6512 Was inserted in the Regular Edition on: December 12, 2021 Publication Charges: $110.96 &m &,-A- Brittany Smith Subscribed and sworn to before me This 13 day of etc , 2021. JN� Notary Public J/ My Commission Expires: 2TZ, 24 **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: 6512 File Number: 2021-0903 VAC-2021-028 (3428 E. JASPER LN./MCMILLEN): AN ORDINANCE TO APPROVE VAC 21-028 FOR PROPERTY LOCATED AT 3428 EAST JASPER LANE TO VACATE PORTIONS OF A GENERAL UTILITY EASEMENT AND DRAINAGE 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 portions of a general utility easement and drainage casement are 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 portions of general utility easement and drainage 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 12/7/2021 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: SI 10.96 75499693 12/12/21