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HomeMy WebLinkAboutOrdinance 6584Ordinance: 6584 File Number.' 2022-0512 PASSED and APPROVED on 7/19/2022 Attest: ���t++n+r►���� nA•' • CITY • -`�%= Kara Paxton, City Clerk Treasurer ,fir j Ste``. r P+ l�N yo' �N# Page 2 Printed on 7120122 VAC-2022-0015 I NS-L Close Up View RSF-4 2584 N CANDLEWOOD DR 0 17y 0 FIREWOOD DR—­—__� O oa a R..� Residential Link Planning Area Fayetteville City Limits Trail (Proposed) Subject Property Feet 0 75 150 300 450 600 1.2,400 VAC-2022-0015 EXHIBIT 'A' ,A& NORTH Residential -Agricultural RSF-4 Neighborhood Services - Ltd. P-1 VAC-2022-0015 EXHIBITS' AREA OF TWENTY (20) FOOT WIDE DRAINAGE EASEMENT TO BE VACATED A PART OF LOT NUMBERED THIRTY-FOUR (34) CANDLEWOOD SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER THE PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 16 AT PAGE 44 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERNMOST CORNER OF SAID LOT THIRTY-FOUR (34), SAID POINT BEING AN EXISTING IRON REBAR ON THE NORTHEAST RIGHT-OF-WAY LINE OF CANDLEWOOD DRIVE; THENCE N59°33'18"E 25.00 FEET ALONG THE SOUTHEAST BOUNDARY LINE OF SAID LOT THIRTY-FOUR (34) TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE FRONT TWENTY-FIVE (25) FOOT BUILDING SETBACK AND UTILITY EASEMENT LINE OF SAID LOT THIRTY-FOUR (34); THENCE N30°24'41"W 10.00 FEET ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE NORTHWEST BOUNDARY LINE OF AN EXISTING TWENTY (20) FOOT WIDE DRAINAGE EASEMENT; THENCE N59°33'18"E 114.54 FEET ALONG SAID DRAINAGE EASEMENT BOUNDARY LINE TO A POINT ON THE EAST EDGE OF A CONCRETE RETAINING WALL; THENCE S29°24'48"E 8.03 FEET TO THE SOUTHEAST CORNER OF SAID RETAINING WALL; THENCE S59°55'52"W 58.44 FEET ALONG SAID RETAINING WALL TO A POINT; THENCE S29°30'33"E 2.36 FEET ALONG AN EXISTING CONCRETE RETAINING WALL TO A POINT ON THE SOUTHEAST BOUNDARY LINE OF SAID LOT THIRTY-FOUR (34); THENCE S59°33'18"W 55.93 FEET TO THE POINT OF BEGINNING, CONTAINING 1018.4 SQUARE FEET, MORE OR LESS. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0512 Agenda Date: 7/19/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA VAC 22-015 (2584 N. CANDLEWOOD DR./HARBAUGH): AN ORDINANCE TO APPROVE VAC 22-015 FOR PROPERTY LOCATED AT 2584 NORTH CANDLEWOOD DRIVE IN WARD 3 TO VACATE A PORTION OF A 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 portion of a drainage 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 drainage 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. Any damage to or relocation of existing facilities will be at the applicant's expense; and 2. A new drainage pipe shall be installed by the applicant in compliance with City specifications and the old pipe shall be filled with materials approved by the City. City of Fayetteville, Arkansas Page 1 Printed on 712012022 City of Fayetteville Staff Review Form 2022-0512 Legistar File ID 7/5/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 6/17/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0015: Vacation (2584 N. CANDLEWOOD DR./HARBAUGH, 294): Submitted by HALL ESTILL LAW FIRM for property located at 2584 N. CANDLEWOOD DR. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contains approximately 0.89 acres. The request is to vacate a 0.02-acre portion of a drainage 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 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF JULY 5, 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: June 17, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0015: Vacation (2584 N. CANDLEWOOD DR./HARBAUGH, 294): Submitted by HALL ESTILL LAW FIRM for property located at 2584 N. CANDLEWOOD DR. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.89 acres. The request is to vacate a 0.02-acre portion of a drainage easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0015 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense; and 2. Anew drainage pipe shall be installed by the applicant, and approved by the City, and the old pipe filled with approved materials prior to final approval of the vacation. BACKGROUND: The subject property is in northeast Fayetteville on the east side of N. Candlewood Lane roughly a quarter -mile north of the street's intersection with E. Township Street. The property is zoned RSF-4, Residential Single -Family, 4 Units per Acre and totals approximately 0.89 acres. A single- family dwelling was built on the property in 2000, and an elevated driveway and retaining wall were concurrently built on top of an existing drainage easement, which contains a 24-inch corrugated metal pipe. City records indicate that the driveway and retaining wall were built without proper building permitting, review, or inspections. Request: The applicant proposes to vacate a portion of an existing drainage easement as indicated in the attached exhibits and totaling approximately 0.02 acres. DISCUSSION: The applicant submitted the required approvals from the public utility and service providers with conditions as noted above. 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 • Survey VAC-2022-0015 EXHIBIT 'B' AREA OF TWENTY (20) FOOT WIDE DRAINAGE EASEMENT TO BE VACATED A PART OF LOT NUMBERED THIRTY-FOUR (34) CANDLEWOOD SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER THE PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 16 AT PAGE 44 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERNMOST CORNER OF SAID LOT THIRTY-FOUR (34), SAID POINT BEING AN EXISTING IRON REBAR ON THE NORTHEAST RIGHT-OF-WAY LINE OF CANDLEWOOD DRIVE; THENCE N59°33'18"E 25.00 FEET ALONG THE SOUTHEAST BOUNDARY LINE OF SAID LOT THIRTY-FOUR (34) TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE FRONT TWENTY-FIVE (25) FOOT BUILDING SETBACK AND UTILITY EASEMENT LINE OF SAID LOT THIRTY-FOUR (34); THENCE N30°24'41"W 10.00 FEET ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE NORTHWEST BOUNDARY LINE OF AN EXISTING TWENTY (20) FOOT WIDE DRAINAGE EASEMENT; THENCE N59°33'18"E 114.54 FEET ALONG SAID DRAINAGE EASEMENT BOUNDARY LINE TO A POINT ON THE EAST EDGE OF A CONCRETE RETAINING WALL; THENCE S29°24'48"E 8.03 FEET TO THE SOUTHEAST CORNER OF SAID RETAINING WALL; THENCE S59°55'52"W 58.44 FEET ALONG SAID RETAINING WALL TO A POINT; THENCE S29°30'33"E 2.36 FEET ALONG AN EXISTING CONCRETE RETAINING WALL TO A POINT ON THE SOUTHEAST BOUNDARY LINE OF SAID LOT THIRTY-FOUR (34); THENCE S59°33'18"W 55.93 FEET TO THE POINT OF BEGINNING, CONTAINING 1018.4 SQUARE FEET, MORE OR LESS. HALL ESTILL ATTORNEYS AT LAW May 18, 2022 VIA PORTAL DELIVERY City of Fayetteville Planning Commission and Planning Department 125 West Mountain Street Fayetteville, Arkansas 72701 Robert K Rhoads 75 N. East Ave., Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 rrhoads@haliestill.com RE: Petition to partially vacate the city's utility easement on 2584 North Candlewood Dr. To Whom It May Concern: The undersigned represents the owners Ryan and Megan Timberlake residing at 2584 North Candlewood Drive in their request to have the city partially vacate a utility easement. Prior to filing this petition the petitioner's representatives, including myself and our engineer, met with city staff including engineers and city attorney. This partial vacation request and petition is more or less what the participants of that meeting agreed to as a workable solution to the issue of the prior owner and builder having constructed part of the retaining wall and driveway on top of a part the easement that is subject to this request. The solution also requires the landowners to fix this issue where the drainage still works effectively. The petition and exhibits set this out much clearer, but it is the desire of these petitioners to have their petition reviewed and approved by City Staff, Planning Commission and City Council. Although in talking with the City Attorney, the neighbor on the adjoining lot does not necessarily have to sign any sort of consent, however I am sending Mr. and Mrs. Delery copies of everything that we are filing herein. The petitioner's representatives and the City have both previously discussed this matter with the Delery's. Sincerely yours, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Is/Robert K. Rhoads Robert K. Rhoads RKR:slt Cc: Mr. & Mrs. Delery; Mr. and Mrs. Timberlake; Tom Henley; Kit Williams; City Staff Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com PETITION TO VACATE A SEWER EASEMENT LOCATED IN LOT 34 CANDLEWOOD SUBDIVISION, CITY OF FAYETTEV ILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, Ryan and Megan Timberlake, the undersigned, being all the owners of the real estate at 2584 N. Candiewood Drive, Fayetteville, Arkansas abutting the 20 foot utility easement hereinafter sought to be partially abandoned and vacated, lying in Lot 34 Candlewood Subdivision, Fayetteville, Arkansas, as per Plat in Plat Book 16 at Page 44 on file in the Office of the Circuit Clerk and Ex-O f cio Recorder of Washington County, Arkansas, petition to partially vacate an easement which is described in Exhibit 1 attached hereto. 1. That the 20 foot drainage easement in question is to the benefit of the City of Fayetteville, see attached Exhibit 1. 2. That housing structures have been constructed over part of the easement (See Exhibit 1) over 20 years ago, and it would be wasteful to tear down these structures. 3. That the City's interest and welfare would not be adversely affected by the abandonment of a portion of the above described easement. 4. That the petitioner's engineers have met with the City's engineers and submitted plans to the City of Fayetteville engineers whereby the drainage pipes will be moved over as set out in the plat attached hereto as Exhibit 2, and the existing sewer pipe will be filled in by the petitioners with concrete. 5. That the above described easement is only the City's drainage easement therefore no consent is required by the utility companies. 6. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate a portion of the above described easement, as set out in the attached Exhibits 1 and 3. 5268079 1.010313 00001 7. 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, as set out in Exhibit 2 and that title to said real estate sought to be abandoned be vested in the petitioners as provided by law, and as to that particular land the owners be free from the easements of the City except for the portion not vacated. Dated this V day of May, 2022. RYAN TIMBERLAKE Printed Name ign ame 5268079.1:010313 00001 MEGAN TIMBERLAKE Printed Name PO. z*� 1p n i aA i w:3 Ld L d L&A I I z.: It S z id m N C E m m m o � m a v 111 G :Zi 4 INit l ; ��; � • - � tom,/•• S �.. . TAIR AREA OF TWENTY (2-M FQ I W1DEDRAINAGE EASEMENT TO BE VACATED A PART OF LOT NUMBERED THIRTY-FOUR (34) CANDLEWOOD SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER THE PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 16 AT PAGE 44 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERNMOST CORNER OF SAID LOT THIRTY-FOUR (34), SAID POINT BEING AN EXISTING IRON REBAR ON THE NORTHEAST RIGHT-OF-WAY LINE OF CANDLEWOOD DRIVE; THENCE N59'33'18"E 25.00 FEET ALONG THE SOUTHEAST BOUNDARY LINE OF SAID LOT THIRTY-FOUR (34) TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE FRONT TWENTY-FIVE (25) FOOT BUILDING SETBACK AND UTILITY EASEMENT LINE OF SAID LOT THIRTY-FOUR (34); THENCE N30"24'41"W 10.00 FEET ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE NORTHWEST BOUNDARY LINE OF AN EXISTING TWENTY (20) FOOT WIDE DRAINAGE EASEMENT, THENCE N59°3311811E 114.54 FEET ALONG SAID DRAINAGE EASEMENT BOUNDARY LINE TO A POINT ON THE EAST EDGE OF A CONCRETE RETAINING WALL; THENCE S29"24'48"E 8.03 FEET TO THE SOUTHEAST CORNER OF SAID RETAINING WALL, THENCE S59"55'52"W 58.44 FEET ALONG SAID RETAINING WALL TO A POINT; THENCE S29°30'33"E 2.36 FEET ALONG AN EXISTING CONCRETE RETAINING WALL TO A POINT ON THE SOUTHEAST BOUNDARY LINE OF SAID LOT THIRTY-FOUR (34); THENCE S59°33'18"W 55.93 FEET TO THE POINT OF BEGINNING, CONTAINING 1018.4 SQUARE FEET, MORE OR LESS. tr W U QL, _O fn ¢w Z Y Z 0 ¢ J W J W 0 k�k 0 af }�0 L0� w Zd0NQ N ¢ W N o�z N OOaf y }¢ Z0mWI— O O H U z W_jCLj0 N Z z " Z Ll U U O }W U > M d H 2 (n_3a03 W a 0 0 2 Y z Z 0 0 03 J J W 2 U W D m Q' � M O n O N �n J Q L7 Zw U J J_ Z 1-tL 0 } Ln ¢ N w Ln co W 0' 0 CE Ld 0 0 Uj W0Y U �00¢ W W I Q U W Z Qaoao C) 0 U ~ K �- Y Z J Z O - U = OmLLj J~¢ FF�v3 ggzwW dd000 U Z W m O cn cn 0 w Ld w = J a W Z Z Z O J > Z J W W J m w w L w of z O Q O X OfW O L Z Z a Ujj ? 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V 6 w0 W 0 0 y P� o V ; Gj U Z 3 N _Z2 F5N z rc� SP o O� NF ammo Rug ;mw m�j�Uq G� 12 Oj WE wo ZF w Os po Ja = rcw w _ UK �w� W- j2 w �O�nn� 0O 4� soz a~ w ¢= 4a O > Gia ww NKUU oa NaN W o�wr0m= P � w Ny MGa oL-W mZj RM3 ww~ Na 420 N 4 -0 wUB • a `A 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 6584 Was inserted in the Regular Edition on: July 24, 2022 Publication Charges: $118.56 Brittany�Smith Subscribed and sworn to before me This L7 day of , 2022. J Notary Public My Commission Expires: �I'2,4 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUB! IC-ARKANSAS My Commission Expire,, 02-20-2024 Commission i,JG, 123397118 rdinance: 6584 Ile Number: 2022-0512 AC 22-015 (2584 N. CAN DLEWOOD AN ORDINANCE TO APPROVE VAC 22-015 FOR PROPERTY LOCATED AT 2584 NORTH CANDLEWOOD DRIVE IN WARD 3 TO VACATE A PORTION OF A DRAINAGE EASEMENT WHEREAS, the City Council has the authority under A.C.A. Q 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 drainage 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 drainage casement 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: l . Any damage to or relocation of existing facilities will be at the applicant's expense: and 2. A new drainage pipe shall be installed by the applicant in compliance with City specifications and the old pipe shall be filled with materials approved by the City. PASSED and APPROVED on Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by City of Fayetteville Clerks office. S 118.56 75580152 July 24, 2022