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Home My WebLink AboutOrdinance 6574City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0480 Agenda Date: 6/7/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.9 VAC-2022-014 (5102 W. WEDINGTON DRIVE/ROCZEN DUPLEXES): AN ORDINANCE TO APPROVE VAC 22-014 FOR PROPERTY LOCATED AT 5102 WEST WEDINGTON DRIVE IN WARD 4 TO VACATE A PORTION OF A WATER/SEWER 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 water/sewer 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 water/sewer 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 2022-0480 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-2022-0014: Vacation (5102 W. WEDINGTON DRIVE/ROCZEN DUPLEXES., 437): Submitted by ESI for property located at 5102 W. WEDINGTON DR. in WARD 4. The property is zoned RI-U, RESIDENTIAL INTERMEDIATE URBAN and NS-G, NEIGHBORHOOD SERVICES -GENERAL and contains approximately 6.77 acres. The request is to vacate a 0.09-acre portion of a water and sewer 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 FROM: Jessie Masters, Development Review Manager DATE: May 20, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0014: Vacation (5102 W. WEDINGTON DRIVE/ROCZEN DUPLEXES., 437): Submitted by ESI for property located at 5102 W. WEDINGTON DR. in WARD 4. The property is zoned RI-U, RESIDENTIAL INTERMEDIATE URBAN and NS-G, NEIGHBORHOOD SERVICES -GENERAL and contains approximately 6.77 acres. The request is to vacate a 0.09-acre portion of a water and sewer easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0014 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 west Fayetteville about halfway between N. 54'" Avenue and N. Broyles Avenue, and is zoned RI-U, Residential Intermediate, Urban. The associated project, the Roczen Duplexes subdivision (formerly known as Wedington Place), is in the process of obtaining final plat (FPL-2022-000001). Request: The applicant proposes to vacate and relocate a portion of an existing water/sewer easement as indicated in the attached exhibits and totaling approximately 0.09 acres. DISCUSSION: The applicant submitted the required approvals with no objections. The sewer line has been relocated with the development of the proposed subdivision. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Request Letter Petition to Vacate Survey EXHIBIT 'B' VAC-2022-0014 AND ALSO a 15 feet wide strip of equal and uniform width being 7.5 feet each side of a centerline, said centerline beginning at a point 341.8 feet South of the N14 corner of the above described tract and Mm3ng thence East 254.6 feet to a point 341.1. feet South of the NE corner of the above described tract. Also, temporary construction easements 15 feet in width lying along and contiguous iith the North and South sides of the above described pe3manent easements. � Upon acceptance of the project by the City of Fayetteville the temporary construction easement hereby granted shall became null and void. ENGINEERING SERVICES INC. 1207 S. Old Missouri Rd. o P.D. Box 282 • Springdale, Arkansas 72765-0282 Ph_ 479-751-8733 • Fax_ 479-751-8746 April 25, 2022 Planning Commission and City Council City of Fayetteville, Arkansas 125 W Mountain Street Fayetteville, AR 72701 RE: Roczen Duplexes Fayetteville, Washington County, AR ESI Project #20928 Delivered electronically with the application for Easement Vacation To whom it may concern, We would like to request that existing easement 1231/201 located on parcel 765-16190-000 be vacated. The necessary sewer improvements have been completed as per the construction plans for Roczen duplexes. New easements will soon be dedicated with the Roczen Duplexes final plat. Attached to this transmittal letter, please find the following documents: IV Roczen Duplexes approved plans IV Recorded document for existing easement to be vacated (1231/201) Parcel Map Site Survey Petition to Vacate Utility Department Sign off form Thanks, Blake Murray, P.E., C.F.M. Project Engineer Brian J. Moore, PE. Tim J. Mays, P.E. Jason Appel, P.E. Jerry %V- Martin President Vice President Secretary1 Treasurer Chairman of thr R—d ENCti1NEERlN13 SEW" CE5 iNC. Consulting Engineers and Surveyors www.engineeringse es'Com PETITION TO VACATE A water & sewer EASEMENT LOCATED AT 5102 W Wedington Drive, 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 easement hereinafter sought to be abandoned and vacated, lying in 5102 W Wedington Drive, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: TRACT SUBJECT TO EASEMENT: Part of the Northwest Quarter of the Southeast Quarter of Section Eleven (11) in Township Sixteen (16) North of Range Thirty -One (31) West of the 5th Principal Meridian,, being more particularly described as : Beginning at the Northeast corner of said forty (40) acre tract and running, thence South twelve hundred thirty-four and five -tenths (1234.5) feet; thence North seventy-nine degrees (79°) thirty minutes (30') West two hundred fifty-seven (257) feet; thence North eleven hundred seventy-one (1171) feet; thence East two hundred fifty-four and six tenths (254.6) feet to the place of beginning, containing seven (7) acres. A 15 feet wide strip of equal and uniform width being 7.5 feet each side of a centerline, said centerline beginning at a point 341.8 feet south of the NW corner of the above described tract and running thence East 254.6 feet to a point 341.1 feet South of the NE corner of the above described tract. That the abutting real estate affected by said abandonment of the easement are 5102 W Wedington Drive, City of Fayetteville 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 easement. 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 to be used for their respective benefit and purpose as now approved by law. The petitioners further 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, Arkansas, 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 by vested in the abutting property owners 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. 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