HomeMy WebLinkAboutOrdinance 6515I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IB�I IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 020325750005 Type: REL
Kind: ORDINANCE
Recorded: 01/06/2022 at 03:32:33 PM
Fee Amt: $35.00 Paqe t of 5
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2022-00000603
File Number: 2021-0901
OF FAYETTF
ti
:_
4R Kq ry5 PS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6515
VAC-2021-029 (1624 N. LINDA JO PL. /LIFESTYLES, INC.:
ARCHIVED
AN ORDINANCE TO APPROVE VAC 21-029 FOR PROPERTY LOCATED AT 1624 NORTH
LINDA JO PLACE 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 a 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 a
general utility easement 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. Dedication of a general utility easement overlaying the existing 17-foot drainage easement; and
2. Any relocation of or damage to existing utilities or existing facilities shall be at tEe owner/developer's
expense.
Page 1 Printed on 12/22/21
Ordinance: 6515
File Number: 2021-0901
PASSED and APPROVED on 12/21/2021
Attest:
``G't%EIIIIII
RK /rT ±0i,
... Ric O.
Gl T Y
• T
Kara Paxton, City Clerk Treasurer"• AYE7 CV,tr
Page 2 Printed on 12/22/21
VAC-2021-000029
Close Up View
Life Styles, Inc.
RSF--
Neighborhood Link
L
Planning Area
Fayetteville City Limits Fe tit
L _ _ ,
-6
Subject Property
El
Trail (Proposed) ( 0 75 150 300 450 600
_ Design Overlay Distric.l 1 inch = 200 feet
EXHIBIT 'A'
A&
NORTH
R S F-4
RI-U
R M F-6
R M F-24
P-1
LEGAL DESCRIPTION: (PORTION OF EASEMENT TO BE VACATED)
A part of Lot 23 and 24 of Houston Meadows in Fayetteville, Arkansas, as per plat File
#12-26 recorded in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas, and being described as follows: Commencing at the
NE Corner of said Lot 23, thence N86055'00"W 50.00 feet, thence S03°10'35"W 25.00
feet to the POINT OF BEGINNING, thence S86°49'25"E 23.00 feet, thence
S03°10'35"W 62.55 feet, thence N86049'25"W 23.00 feet, thence N03010'35"E 62.55
feet to the POINT OF BEGINNING: Containing 1,438.55 square feet or 0.0330 acres
more or less.
LEGAL DESCRIPTION: (PORTION OF DRN. ESMT.DEDICATED AS DRN. & U.E.)
A part of Lot 23 and 24 of Houston Meadows in Fayetteville, Arkansas, as per plat File
#12-26 recorded in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas. and being described as follows: Commencing at the
NE Corner of said Lot 23, thence N86°55'00"W 13.00 feet to the POINT OF
BEGINNING, thence S03010'35"W 144.10 feet, thence N46025'25"W 22.32 feet,
thence N03010'35"E 42.02 feet, thence S86049'25"E 3.00 feet, thence N03010'35"E
62.55 feet, thence N86049'25"W 3.00 feet, thence NO3°10'35"E 25.03 feet, thence
S86055'00"E 17.00 feet to the POINT OF BEGINNING: Containing 2,138.77 square
feet or 0.0491 acres more or less.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0901
Agenda Date: 12/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
VAC-2021-029 (1624 N. LINDA JO PL. /LIFESTYLES, INC.:
AN ORDINANCE TO APPROVE VAC 21-029 FOR PROPERTY LOCATED AT 1624 NORTH
LINDA JO PLACE 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 a 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 a general
utility easement 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. Dedication of a general utility easement overlaying the existing 17-foot drainage easement; and
2. 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 1212212021
City of Fayetteville Staff Review Form
2021-0901
Legistar File ID
12/21/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 12/3/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2021-000029: Vacation (1624 N. LINDA JO PL. /LIFESTYLES, INC., 403): Submitted by JORGENSEN AND
ASSOCIATES, INC. for property located at 1624 N. LINDA JO PLACE. The property is zoned RMF-24, RESIDENTIAL
MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate an
approximately 0.03 acre portion 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 21, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
DATE: December 3, 2021
CITY COUNCIL MEMO
SUBJECT: VAC-2021-000029: Vacation (1624 N. LINDA JO PL. /LIFESTYLES, INC., 403):
Submitted by JORGENSEN AND ASSOCIATES, INC. for property located at 1624
N. LINDA JO PLACE. The property is zoned RMF-24, RESIDENTIAL MULTI
FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The
request is to vacate an approximately 0.03 acre portion of a general utility
easement.
RECOMMENDATION:
Staff recommends approval of VAC-2021-000029 as shown in the attached Exhibits 'A' and '13%
and with the following conditions of approval:
1. Dedication of utility easement overlaying the existing 17-foot drainage easement; and
2. Any damage or relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property is in northwest Fayetteville, within the Houston Meadows subdivision, and
at the southern end of Linda Jo Place. The property is developed with a two-family dwelling which
County records indicate was built in 1994, about two years after Houston Meadows was platted.
Approximately half of the property is encumbered by general utility or drainage easements along
the east property line. No water, sanitary sewer, or stormwater utilities currently lie within either
easement.
Request: The applicant proposes vacation of a portion of the existing utility easement as indicated
in the attached exhibits, totaling approximately 1,439 square feet (0.03 acres). The property owner
proposes use of the area for an addition.
DISCUSSION:
The applicant submitted the required approvals from the public and private utility providers with
no objections. Rededication of utility easement overlaying the on -site drainage easement will
maintain contiguity with utility easements to the north and south. 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-2021-000029 Life Styles, Inc.
Close Up View EXHIBIT A
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RMF-24 i
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RMF-6 I
I RI-U I
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Subject Property I
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RSF-4
NORTH
RSF-4
Neighborhood Link
Planning Area Feet RMF-6
Fayetteville City Limits RMF-24
L _ _
- - - Trail (Proposed) 0 75 150 300 450 600 P-1
j _ Design Overlay District 1 inch = 200 feet
EXHIBITS'
LEGAL DESCRIPTION: (PORTION OF EASEMENT TO BE VACATED
A part of Lot 23 and 24 of Houston Meadows in Fayetteville, Arkansas, as per plat File
#12-26 recorded in the office of the Circuit Clerk and Ex -Off icio Recorder of
Washington County, Arkansas, and being described as follows: Commencing at the
NE Corner of said Lot 23, thence N86°55'00"W 50.00 feet, thence S03°10'35"W 25.00
feet to the POINT OF BEGINNING, thence S86049'25"E 23.00 feet, thence
S03010'35"W 62.55 feet, thence N86049'25"W 23.00 feet, thence N03010'35"E 62.55
feet to the POINT OF BEGINNING: Containing 1,438.55 square feet or 0.0330 acres
more or less.
LEGAL DESCRIPTION: (PORTION OF DRN. ESMT.DEDICATED AS DRN. & U.E.
A part of Lot 23 and 24 of Houston Meadows in Fayetteville, Arkansas, as per plat File
#12-26 recorded in the office of the Circuit Clerk and Ex -Off icio Recorder of
Washington County, Arkansas, and being described as follows: Commencing at the
NE Corner of said Lot 23, thence N86°55'00"W 13.00 feet to the POINT OF
BEGINNING, thence S03°10'35"W 144.10 feet, thence N46°25'25"W 22.32 feet,
thence N03010'35"E 42.02 feet, thence S86049'25"E 3.00 feet, thence NO3°10'35"E
62.55 feet, thence N86°49'25"W 3.00 feet, thence NO3°10'35"E 25.03 feet, thence
S86°55'00"E 17.00 feet to the POINT OF BEGINNING: Containing 2,138.77 square
feet or 0.0491 acres more or less.
J O R G E N S E N 12et S it lege Drive, Suite 5
Faa yetteville, AAR 72703
. Office: 479.442.9127
+ ASSOCIATES Fax: 479.582.4807
41110 Civil Engineering Land Surveying www.largensenaFsoc.com
PETITION TO VACATE A PORTION OF A UTILITY EASEMENT LOCATEDIN LOTS 23 AND 24 OF HOUSTON
MEADOWS, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the right-of-way, hereinafter sought to be
abandoned and vacated, lying in lots 23 and 24, Houston Meadows, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate a right-of-way, which is described as follows:
LEGAL DESCRIPTION: (PORTION OF EASEMENT TO BE VACATED)
A part of Lot 23 and 24 of Houston Meadows in Fayetteville, Arkansas, as per plat File #12-26 recorded in the
office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being described as
follows: Commencing at the NE Corner of said Lot 23, thence N86055'00"W 50.00 feet, thence S03°10'35"W
25.00 feet to the POINT OF BEGINNING, thence S86'49'25"E 23.00 feet, thence S03°10'35"W 62.55 feet, thence
N86049'25"W 23.00 feet, thence NO3°10'35"E 62.56 feet to the POINT OF BEGINNING: Containing 1,438.55
square feet or 0.0330 acres more or less.
That the abutting real estate affected by said abandonment 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 right-of-way.
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 real estate be used for their respective benefit and purpose as now approved by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above -described easement.
Dated this f day of A DV GM h& , 20 Z I
-L/C
Printed Name
0� A- juli�
Signature
1
U �
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z
7 F
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h
FND. RR SPIKa�
1
X. SIDEWALK
25' S.B.-�
LEGAL DESCRIPTION: (PORTION OF EASEMENT TO BE VACATED)
A part of Lot 23 and 24 of Houston Meadows in Fayetteville, Arkansas, as per plat File
#12-26 recorded in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas, and being described as follows: Commencing at the NE
Corner of said Lot 23, thence N86155'00"W 50.00 feet, thence S03110'35"W 25.00
feet to the POINT OF BEGINNING, thence S86°49'25"E 23.00 feet, thence S03110'35"W
62.55 feet, thence N86°49'25"W 23.00 feet, thence NO3°1 O'35T 62.55 feet to the
POINT OF BEGINNING: Containing 1,438.55 square feet or 0.0330 acres more or less.
LEGAL DESCRIPTION: (PORTION OF DRN. ESMT.DEDICATED AS DRN. & U.E.)
A part of Lot 23 and 24 of Houston Meadows in Fayetteville, Arkansas, as per plat File
#12-26 recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington
County, Arkansas, and being described as follows: Commencing at the NE Comer of said
Lot 23, thence N86155'00"W 13.00 feet to the POINT OF BEGINNING, thence
S03ol O'35"W 144.10 feet, thence N46°25'25"W 22.32 feet, thence N03110'35"E 42.02
feet, thence S86°49'25"E 3.00 feet, thence NO3°1 O'35T 62.55 feet, thence N86°49'25"W
3.00 feet, thence NO3°10'35"E 25.03 feet, thence S86°55'00"E 17.00 feet to the POINT
OF BEGINNING: Containing 2,138.77 square feet or 0.0491 acres more or less.
22 I P1O.Ba
PORTION OF DRN. ESMT. NE CORNER
BE DIED ED.D0,.E 124.01- I TODRN. ES T.
UAE. LOT #23
EX SHED
ESMT. TO BEJ
VACATED
5- PARCEL #77665-11772424'00
EXISTING DUPLEX
P.O.B:
MT. TO BE
LOT LINE/S//y62\ , ES VACATED
4
24 Bar:
PARCEL #765-17725-000
EXISTING DUPLEX
VACATED
+Z X. WOOD FENCE
?S?SQL
25
Slip7.
r/L44
20' U.E.
DOC. 12-26
��� � 3D 'DRN
: l
J`�'-^ESMT.
:I
DOC;12-21
I �1'
0'35"W
LINE TABLE
LINE
LENGTH
BE
L1
25.00'
S03°1
L2
23,00,
(N)S86"49'25"E(W)
L3
62.55'
(N)S03"10'35"W(E)
L4
23.00'
(S)N86-49'25"W(E)
L5
62.55'
NO3°10'35"E
L6
42.02'
NO3°10'35"E
L7
144.10'
S03°10'35"W
L8
25.03'
NO3"10'35"E
VICINITY MAP
Existing Stteet
Freeway/Expr-y
Regional Link -High AcGvi[y
Regional Link
Neighborhood Link
Insrie,rional A""' Plan
Urban Center
Planned firmer
• - - c _.-hood link
TO BE DEDICATED AS
i
FAYETTEVILLE, ARKANSAS
NOTES:
I
r
1. CURRENT ZONING: RMF-24.
I YY
2. PARCEL NUMBER: 765-17724-000 & 765-17725-000.
N
3. OWNERS: PARCEL 765-17724-000 - DNS PROPERTIES LLC. - 22631 JENNINGS
3
DRIVE - SPRINGDALE, AR. 72764.
PARCEL #765-17725-000 - LIFE STYLES INC. - 2590 W. SYCAMORE -
{A
FAYETTEVILLE, AR. 72703.
M
W E
4. ROTATION BASED ON ARKANSAS STATE PLANE GRID NORTH ZONE (NAD83).
r
S
I
5. BOUNDARY BASED ON FINAL PLAT OF HOUSTON MEADOWS DOC. #12-26.
I H
6. THIS PROPERTY IS NOT AFFECTED BY THE 100 YEAR FLOOD PLAIN AS PER FIRM
#05143CO205F DATED MAY 16, 2008.
PORTION OF DRN. ESMT.
TO BE DEDICATED AS
DRN. ESMT. & U.E.
LEGAL DESCRIPTION: (PARCEL #765-17724-000)
^�
Lot 23 of Houston Meadows in Fayetteville, Arkansas, as per plat File #12-26
recorded in the office of the Circuit Clerk and Ex-Officio Recorder of
I
Washington County, Arkansas.
LEGAL DESCRIPTION: (PARCEL #765-17725-000)
Lot 24 of Houston Meadows in Fayetteville, Arkansas, as per plat File #12-26
recorded in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
X CALCULATED POINT
o
z ®SET IRON PIN &CAP
® WATER METER
SQ SEWER MANHOLE
_ _BOUNDARY LINE_ _
LOT LINE
_ .. _ .. _ .. _ .. _
UTILITY EASEMENT
BUILDING SETBACK
EXISTING 2" WATERLINE
WL-2 Ex
EXISTING WIRE FENCE
��o o
124 w sunbridge Drive, suite 5
J O R G E N S E N Fayetteville, AR 72703
PROJECT TITLE: EASEMENT VACATION FOR DNS PROPERTIES LLC. & LIFE STYLES INC.
LOCATION: FAYETTEVILLE, ARKANSAS
SHEET TITLE: EASEMENT VACATION
w
w III FOUND IRON PIN ® TP TELEPHONE PEDESTAL
w
FOUND RAILROAD SPIKE ❑EB ELECTRIC BOX
CENTERLINE STREET
STREET RIGHT OF WAY
-DRAINAGE EASEMENT
- -
EXISTING 8"SEWER LINE
EXISTING WOOD PENCE
+ASSOCIATES Office: 479.442.9127
Fax: 479.582.4807
��
v Civil Engineering + Surveying --jorgensenassoe.com
DRAWN BY: BJR w
SHEET SCALE: 1-20' _
DATE: OCTOBER 20, 2021
R/
SS-8 Ex
PROJECT FILE: Z/LOTS/2021150/SURVEY
NORTHWEST ARKAMAS
Democrat wwAxette—
P.0 30X 1EC7, r1%YE1`LVILLE, AP, %27C2. 09-44'-U00 fax 679-095 II'B • t"1'?AV lWADC. COM
AFFIDAVIT OF PUBLICATION
I, 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 6515
Was inserted in the Regular Edition on:
December 26, 2021
Publication Charges: $120.08
Brittany Smith
Cathy Wiles
Subscribed and sworn to before me Benton COUNTY
This Zrjday of T>( , 2021. NOTARY PUBLIC - ARKANSAS
/1 My Commission Expires 02.20.2024
Commission No.12397118
Notary Public J
My Commission Expires: z Z-0124
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6515
File Number: 2021-0901
VAC-2021-029 (1624 N. LINDA JO PL.
/LIFESTYLES, INC.:
AN ORDINANCE TO APPROVE VAC
21-029 FOR PROPERTY LOCATED
AT 1624 NORTH LINDA JO PLACE
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 a 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 a general utility
easement 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 . Dedication of a general
utility easement overlaying the existing
17-foot drainage casement; and
2. Any relocation of or damage
to existing utilities or existing facilities
shall be at the owner/developer's
Page I Printed on 12/2221
Ordinance: 6515
File Number. 2021-0901
PASSED and APPROVED on
12/21/2021
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -Treasurer
the City of Fayetteville, Arkansas.
Amount paid: $120.08 75502699
12/26/21