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
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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*
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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