HomeMy WebLinkAboutOrdinance 6572City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0459
Agenda Date: 6/7/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.7
VAC-2022-011 (1148 & 1156 N. THOREAU LN./HASH):
AN ORDINANCE TO APPROVE VAC 22-011 FOR PROPERTY LOCATED AT 1148 AND 1156
NORTH THOREAU LANE IN WARD 3 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 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 61812022
City of Fayetteville Staff Review Form
2022-0459
Legistar File ID
6/7/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 5/20/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2022-0011: Vacation (1148 & 1156 N. THOREAU LN./HASH, 408): Submitted by MILHOLLAND ENGINEERING for
properties located at 1148 & 1156 N. THOREAU LN. in WARD 3. The properties are zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contain approximately 0.80 acres. The request is to vacate a 0.11-acre
portion of a 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 JUNE 7, 2022
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: May 20, 2022
CITY COUNCIL MEMO
SUBJECT: VAC-2022-0011: Vacation (1148 & 1156 N. THOREAU LN./HASH, 408):
Submitted by MILHOLLAND ENGINEERING for properties located at 1148 & 1156
N. THOREAU LN. in WARD 3. The properties are zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contain approximately 0.80 acres. The
request is to vacate a 0.11-acre portion of a utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2022-0011 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 east Fayetteville roughly one -tenth of a mile east of the intersection of
Mission Boulevard and Emerson Lane. The property is in the Mission Hills Subdivision and
encompasses two undeveloped parcels totaling approximately 0.80 acres.
Request: The applicant proposes to vacate a portion of an existing access and utility easement
as indicated in the attached exhibits and totaling approximately 0.11 acres.
DISCUSSION:
The applicant submitted the
providers with no objections
staff recommends approval.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Request Letter
• Petition to Vacate
• Survey
required approvals from the public and private utility and service
With submittal of the required vacation forms and utility consent,
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
VAC-2022-0011
Close Up View
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BRYAN.LN
EMERSON LN
1148 N THOREAU LN
LAKESIDE DR
KSON DR
Neighborhood Link
Unclassified
Residential Link
Hillside -Hilltop Overlay District
r Planning Area
Fayetteville City Limits
— — — Trail (Proposed)
Subject Property
Feet
0 75 150 300
1:2,400
KINGS'
ROBINSW�OD LN
450
•11
EXHIBIT 'A'
NGTON7TER
N
RSF-4
EXHIBIT'B'
VAC-2022-0011
MISSION HILLS. LOT 6: EASEMENT VACATION DESCRIPTION:
Deed: BOOK 2017 PAGE 22569; Parcel #765-18498-000:
A PART OF LOT 6 OF MISSION HILLS SUBDIVISION AS FILED IN WASHINGTON COUNTY LAND RECORDS
PLAT BOOK 12 AT PAGE 90, BEING A PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 10, T-16-N, R-30-W,
FAYETTEVILLE, ARKANSAS, DESCRIBED AS BEGINNING AT THE COMMON EAST CORNER OF SAID LOT 6 AND
LOT 7, SAID POINT BEING AN IRON PIN; THENCE ALONG THE EAST BOUNDARY OF SAID LOT 6, S
18°43'32"W 131.82 FEET, TO A POINT APPROXIMATELY 10 FEET FROM AN EXISTING GAS MAIN; ON SAID
EAST BOUNDARY OF A 25.00 FOOT "BUILDING SET BACK AND UTILITY EASEMENT"; THENCE CROSSING
SAID BUILDING SET BACK AND UTILITY EASEMENT PARALLEL TO SAID GAS MAIN AS FOLLOWS S 83°10143"
W 14.68 FEET AND N 38°01'38" W 14.05 FEET TO A POINT ON THE WESTERN BOUNDARY OF SAID 25.00
"BUILDING SET BACK AND UTILITY EASEMENT" TO A POINT APPROXIMATELY 10 FEET FROM AN EXISTING
GAS MAIN; THENCE N 18'43'32" E 130.47 FEET ALONG THE WESTERN BOUNDARY OF SAID "BUILDING SET
BACK AND UTILITY EASEMENT" TO A POINT ON THE NORTHERN BOUNDARY OF SAID LOT 6; THENCE S
71'12'44" E 25.00 FEET ALONG SAID NORTHERN BOUNDARY OF LOT 6 TO THE POINT -OF -BEGINNING;
CONTAINING 3,367.0 S.F. MORE OR LESS.
SUBJECT TO: Surveyor's Closure Ratio: 1:45,147
MISSION HILLS, LOT 7: EASEMENT VACATION DESCRIPTION:
Deed: BOOK 2020 PAGE 34478; Parcel 4765-18499-000:
A PART OF LOT 7 OF MISSION HILLS SUBDIVISION AS FILED IN WASHINGTON COUNTY LAND RECORDS
PLAT BOOK 12 AT PAGE 90, BEING A PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 10, T-16-N, R-30-
W, FAYETTEVILLE, ARKANSAS, DESCRIBED AS BEGINNING AT THE COMMON EAST CORNER OF SAID LOT 6
AND 7, SAID POINT BEING AN IRON PIN; CONTINUING THENCE ALONG THE SOUTHERN BOUNDARY OF
SAID LOT 7, N 71°12'44" W 25.00 FEET, TO A POINT ON THE WEST BOUNDARY OF A 25.00 FOOT
"BUILDING SET BACK AND UTILITY EASEMENT"; THENCE N 18°43'32" E 85.08 FEET ALONG THE WEST
BOUNDARY OF SAID 25.00 FOOT "BUILDING SET BACK AND UTILITY EASEMENT" TO A POINT ON THE
COMMON BOUNDARY OF SAID LOT 7 AND LOT 8 OF SAID SUBDIVISION; THENCE ALONG SAID COMMON
BOUNDARY S 71°14'51" E 25.00 FEET TO A POINT ON THE EASTERN BOUNDARY OF SAID LOT 7; THENCE
S 18°43'32" W 85.09 FEET ALONG SAID EASTERN BOUNDARY OF LOT 7 TO THE POINT -OF -BEGINNING;
CONTAINING 2127.2 S.F. MORE OR LESS.
SUBJECT TO: Surveyor's Closure Ratio: 1:44,035
Tni&&nal Company
enVineerinq &Surveying REGISTRATIONS:
Melvin L. Milholland, PE, PLS ARKANSAS: PE & PLS
The Fayetteville City Planning Commission & MCO E-947
The Fayetteville City Council April 14. 2022
113 West Mountain Street
Fayetteville, AR 72701
PROJECT:.......... "UTILITY EASEMENT VACATION REQUEST"
PROPERTY:.......... ..Lot 6 & Lot 7, Mission Hills Subdivision ":
ADDRESS:.......... "Lot 6 @ 1148 North Thoreau Ln, Lot 7 @ 1156 North Thoreau Ln;
RECORDATION DATA:. "Oct 7, 1993 ", Plat Book #12 @ Page #90:
LOCATION:.......... "Adjacent to West ROW of North Kings Drive
ZONING: ............."RSF-4"
SUBJECT: "SCOPE", "NAT_URE" & "INTENT":
SCOPE: The land owners of Record of said Lots desire to utilize the property to construct "SINGLE FAMILY
RESIDENTIAL" homes there -on. Said two Lots are the residual lots that are undeveloped within said
23 lot subdivision.
The subdivision lays between Mission Boulevard and North Kings Drive.
Each of the 21 developed lots have nice quality structures, with most structures greater than a single floor.
The square -feet area of existing structures in said subdivision ranges between 2,500 SF to 4,000 SF.
The present Lot Owners are requesting this "Easement Vacation" to construct new Single Family
Residential structures compatible to the existing residential homes.
NATURE. The proposed development sites lay on a western sloped hill side, facing the potential sunsets, and the
bordering Collector ( Neighborhood Link) Street of "Mission Boulevard" "connecting Traffic" from the
eastern side of Fayetteville with the Western and Southern Areas. The Terrain of the Subdivision has a
slope from the "East to the West" for a nice single family neighborhood, with dual access onto said
Mission Boulevard.
Said eastern boundaries of said two lots are adjacent to Kings Drive ROW, and lays on a fairly steep slope
from Kings Drive Westerly across two 25' platted easements which have not been used for public utilities
since the surrounding subdivisions in this area have been developed.
In this area of `said 25' easement vacation request', there are some fairly large trees, and other hill side
canopies, making the requested vacated easement locations `desirable' for preservation of the natural
beauty in the area.
INTENT. The purpose of the Request to Vacate the 25' Utility Easement adjacent to the easterly Boundary of
said Lots 6 & 7, and abutting the Western ROW of Kings Drive, are as follows;
[1] The areas are located within the "HILLSIDE OVERLAY DISTRICT" as defined by the City of
Fayetteville Regulations.
[2] The Utility Easement areas have not been used by any of the public utilities since said
"MISSION HILLS SUBDIVISION" Development;
[3] The bulk of the area requested to be vacated is within the "Canopy" area of some various size trees
and other small Hillside Growth that will support and help stabilize top soil with grass growth
during storm water run offs;
[4] The surveyed areas of said easements requested to vacated, are too steep for construct of homes or
utilities;
[5] The objective is to "Preserve" the integrity of the "Natural Hillside Tree Canopy" beauty of the
neighborhood along the western ROW of Kings Lane.
[6] The City's Urban Forester , John Scott, was consulted as to his opinion relative to the City of
Fayetteville's best interest regarding this UE Vacation, and he supports the request.
Respectfully Submitted! _
Melvin Milholland, P.E., P.L.S.
205 West Center Street; Fayetteville, Arkansas 72701-5905; Phone: (479) 443-4724; Fax: (479) 443-4707; Mel Mobile: (479) 601-5081
Web: www.MCOengr.com; E-mail: Office: MCOengr(O wbell.net; Melvin: MelvinAilhollanclswbell.net; Samuel: SHamptonC@swhell.net;
PETITION - TO- VACATE UTILITY EASEMENT
PETITION TO VACATE a 25' Utility Easement LOCATED IN Lots 6 & 7, of the MISSION HILLS
Subdivision, CITY OF FAYETTEVILLE, ARKANSAS;
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all ( TWO ) owners of the real estate abutting the easement hereinafter
sought to be abandoned and vacated, lying in Lot 6 & 7 of Mission Hills Subdivision, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a 25' Utility Easement platted within
said subdivision on said Lots 6 & 7, which is described as follows:
SEE ATTACHED DESCRIPTIONS: Proposed Vacate of Easement Description on each said Lot 6 & 7,
is depicted on attached Survey Plat.
That the abutting real estate affected by said abandonment of the 25' Utility Easements are Lots 6 & 7 of
Mission Hills Subdivision, City of Fayetteville "NEVER" used by the public for a period of many years
since platting of said subdivision, 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, since ALL Public Utility and Governmental "Entities" have reviewed said Petition and
acknowledged that each entity has "nu objection" to this requested VACATION & ABANDONMENT.
The petitioners further pray that the above described "Vacated Easement" real estate title, remain
vested within Lot 6 & 7 Boundaries, as depict on the Recorded Subdivision.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, ARE NOT subject to ANY
PUBLIC utility easements, and that title to said real estate sought to be abandoned and vacated, remain
vested in the abutting property owners of said Lots 6 & 7 of Mission Hills Subdivision, as provided by
law, and as to that particular land the owners be free from the easements of the public for the use of said
easement,
Dated this day of AE9 1 L.- ) 2022
P-ri
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Hash Prop�rties, LLC ::[ Brett Hash & Melissa Hash ]
- v-r Li" c zl o� r
Brian Hash & Marsha Hash, a married couple.
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