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Home My WebLink AboutOrdinance 6610Doc ID: 02079a550004 Type: REL Klnd: ORDINANCE -�_ Recorded: t0/2t/2022 at 09:41:42 AM Fee Ant: $,im3%00 'Page 1 of 4 KylelsylvesternCircupt Clerk F13e2022-00034461 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6610 File Number: 2022-0861 VAC 22-021 (927 E. ROCKWOOD TRAILTHOMPSON): AN ORDINANCE TO APPROVE VAC 22-021 FOR PROPERTY LOCATED AT 927 EAST ROCKWOOD TRAIL IN WARD I TO VACATE A PORTION OF A 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 utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of a 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. Any relocation ofor damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 5 foot general utility easement shall be retained along the east side of the property. Ppe 1 PMMen 10filYT Ordinance: 6610 File Number: 2022-0861 PASSED and APPROVED on 10/4/2022 Attest: Kara Paxton, City Clerk Treasurer •�'�,�� RY, f R1,��• U: FAYETTEV1 LLE•�� Page 2 P►inted on 1015122 VAC-2022-0021 927 E. ROCKWOOD TRL Close Up View tWOODi4kx z �- i cn 0 z � o i i Subject Property i I ROCKWOOD-TRL i i r I REBECCA•ST TRUST-ST Residential Link Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits 0 75 150 Feet 300 1:2,400 RSF-4 450 REBEC TRUST-ST 600 VAC-2022-0021 Exhibit 'A' c� C� r a D 'J& d NORTH W RSF-4 Exhibit 'B' Legal Description of Easement Area to be Vacated A PART OF A 25' WIDE UTILITY EASEMENT DEDICATED PER BOOK 574, PAGE 221, LOCATED PARALLEL AND ADJACENT TO THE EAST LINES OF LOTS 1 AND 10 IN BLOCK 5 OF MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE WEST LINE OF SAID EASEMENT WHICH IS S86032'00"E 26.07' FROM AN EXISTING PIPE MARKING THE SOUTHWEST CORNER OF THE EAST HALF OF LOT 2 IN SAID BLOCK 5 AND RUNNING THENCE ALONG SAID WEST LINE N12021'57"E 222.77' TO THE NORTH LINE OF SAID EASEMENT, THENCE ALONG SAID NORTH LINE S87000'55"E 20.27', THENCE LEAVING SAID NORTH LINE TO AND ALONG THE 5' BUILDING SETBACK LINE PARALLEL, ADJACENT TO, AND WEST OF THE EAST LINE OF SAID 25' WIDE UTILITY EASEMENT S12021'57"W 222.94' TO THE SOUTH LINE OF SAID EASEMENT, THENCE ALONG SAID SOUTH LINE N86032'00"W 20.24' TO THE POINT OF BEGINNING, CONTAINING 0.10 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 10/21/2022 09:41:42 AM and recorded in Real Estate File Number 2022-00034461 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0861 Agenda Date: 10/4/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 VAC 22-021 (927 E. ROCKWOOD TRAIL/THOMPSON): AN ORDINANCE TO APPROVE VAC 22-021 FOR PROPERTY LOCATED AT 927 EAST ROCKWOOD TRAIL IN WARD 1 TO VACATE A PORTION OF A 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 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 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. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 5 foot general utility easement shall be retained along the east side of the property. City of Fayetteville, Arkansas Page 1 Printed on 101512022 City of Fayetteville Staff Review Form 2022-0861 Legistar File ID 10/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/16/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0021: Vacation (927 E. ROCKWOOD TRL./THOMPSON, 447): Submitted by WILL KELLSTROM for property located at 927 E. ROCKWOOD TRL. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.39 acres. The request is to vacate a 0.10-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 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF OCTOBER 4, 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: September 16, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0021: Vacation (927 E. ROCKWOOD TRL./THOMPSON, 447): Submitted by WILL KELLSTROM for property located at 927 E. ROCKWOOD TRL. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.39 acres. The request is to vacate a 0.10-acre portion of a utility easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0021 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. New utility easements must be dedicated as requested by SWEPCO in the amount of 15 feet along the north and south property line and 10 feet along the east property line. BACKGROUND: The subject property is located near downtown Fayetteville on the south side of Rockwood Trail about a quarter -mile east of the street's intersection with Mission Boulevard. The property is zoned RSF-4, Residential Single -Family, 4 Units per Acre and totals approximately 0.39 acres. The property is currently developed with one single-family dwelling which Washington County records indicate was built in 1975. Request: The applicant proposes to vacate a portion of an existing utility easement as indicated in the attached exhibits and totaling approximately 0.10 acres. DISCUSSION: The applicant has 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. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey VAC-2022-0021 927 E. ROCKWOOD TRL Close Up View WOOD z v Residential Link Hillside -Hilltop Overlay District r ; Planning Area Fayetteville City Limits -TRL e Subject Property Feet RSF-4 0 75 150 300 450 1:2,400 ,TRUST •11 ST VAC-2022-0021 Exhibit 'A' RSF-4 Exhibit 'B' Legal Description of Easement Area to be Vacated A PART OF A 25' WIDE UTILITY EASEMENT DEDICATED PER BOOK 574, PAGE 221, LOCATED PARALLEL AND ADJACENT TO THE EAST LINES OF LOTS 1 AND 10 IN BLOCK 5 OF MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE WEST LINE OF SAID EASEMENT WHICH IS S86032'00"E 26.07' FROM AN EXISTING PIPE MARKING THE SOUTHWEST CORNER OF THE EAST HALF OF LOT 2 IN SAID BLOCK 5 AND RUNNING THENCE ALONG SAID WEST LINE N12021'57"E 222.77' TO THE NORTH LINE OF SAID EASEMENT, THENCE ALONG SAID NORTH LINE S87000'55"E 20.27', THENCE LEAVING SAID NORTH LINE TO AND ALONG THE 5' BUILDING SETBACK LINE PARALLEL, ADJACENT TO, AND WEST OF THE EAST LINE OF SAID 25' WIDE UTILITY EASEMENT S12021'57"W 222.94' TO THE SOUTH LINE OF SAID EASEMENT, THENCE ALONG SAID SOUTH LINE N86032'00"W 20.24' TO THE POINT OF BEGINNING, CONTAINING 0.10 ACRES, MORE OR LESS. WILLIAM P. WATKINS, IH, P.A. RONALD L. BOYER, P.A. JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. WILLIAM A. KELLSTROM JOHN E. JENNINGS (OF COUNSEL) * ALSO LICENSED IN MISSOURI City of Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com July 6, 2022 RE: Alley Vacation at 927 Rockwood, Fayetteville, Arkansas Dear Planning Staff: DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER My name is Will Kellstrom and I represent the applicants, Jon and Annette Thompson, with respect to this alley vacation petition. The applicants are the record owners of Washington County Parcel No. 785-08570-000 ("the Property"). The application pertains to a twenty-five foot (25') utility easement dedicated pursuant to Ordinance No. 1308 and recorded in Book 574, Page 221 of the Washington County Real Estate Records ("the Easement"). The Easement currently runs over the eastern side of the Property. The applicant is requesting that the City vacate all portions of the easement which lie on the Property up to the five foot (5') building setback line on the Property. The area to be vacated is depicted and described on an exhibit which has been submitted with this application. There is already a sewer line in place within the boundaries of the Easement, but which lies outside the boundaries of the Property. With the building setback lines on the Property and the properties adjacent to it, the City has ample easement width surrounding the sewer line for future maintenance or expansion. Moreover, the sewer line is actually located on the far eastern edge of the easement, which causes the applicant to be burdened with an easement, the majority of which the City will never use, but which he cannot build on. In other words, the Easement effectively causes the Property to have a twenty-five foot (25') setback on the eastern boundary despite the fact that they would normally be subject to only a five foot (5') setback per the Fayetteville UDC. Thank you for considering this alley vacation petition. If you have any questions, please contact me at 479- 636-2168 or at wkellstrom(a-),watkinslawoffice.com. WK: PC: 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W. WATKrNSLAWOFFICE.COM Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC ls/ Will A. Kellstrom Will A. Kellstrom REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION CIVIL LITIGATION, COMMERCIAL & CONSUMER DEBT COLLECTION PETITION PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN Lots 1, 10, 2 (E1/2), 9 (E1/2), Block 5, Mountain View Addition, 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 Lots 1, 10, 2 (E1/2), 9 (E1/2), Block 5, Mountain View Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: See Exhibit A, attached That the abutting real estate affected by said abandonment of the utility easement are Lots 6, 7, 8, 9, Block 4, Mountain View Addition, 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 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 be 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 alley. Dated this q day of August, 2022. ]on Thompson Printed e Signature Annette Thompson P ' ed Name r:rA ft-L-Opll� Signature EXHIBIT Legal Description of Easement Area to be Vacated A PART OF A 25' WIDE UTILITY EASEMENT DEDICATED PER BOOK 574, PAGE 221, LOCATED PARALLEL AND ADJACENT TO THE EAST LINES OF LOTS 1 AND 10 IN BLOCK 5 OF MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE WEST LINE OF SAID EASEMENT WHICH IS S86032'00"E 26.07' FROM AN EXISTING PIPE MARKING THE SOUTHWEST CORNER OF THE EAST HALF OF LOT 2 IN SAID BLOCK 5 AND RUNNING THENCE ALONG SAID WEST LINE N12021'57"E 222.77' TO THE NORTH LINE OF SAID EASEMENT, THENCE ALONG SAID NORTH LINE S87000'55"E 20.27', THENCE LEAVING SAID NORTH LINE TO AND ALONG THE 5' BUILDING SETBACK LINE PARALLEL, ADJACENT TO, AND WEST OF THE EAST LINE OF SAID 25' WIDE UTILITY EASEMENT S12021'57"W 222.94' TO THE SOUTH LINE OF SAID EASEMENT, THENCE ALONG SAID SOUTH LINE N86032'00"W 20.24' TO THE POINT OF BEGINNING, CONTAINING 0.10 ACRES, MORE OR LESS. UTILITY EASEMENT VACATION EXHIBIT TOTAL ACREAGE PARCEL #765-08570-000 0.35 ACRES +/- 0 0 CURB I 4 a E. ROCKWOOD TRAI[, (RESIDENTIAL CURB 'z 2fi'Alp HALT- 4(MAX.SH02 MAX. MR.. RAW s — _s fi"SEWER-APPROX LOC.- s — — 8" WATLIIR-AI'PRI*YIOX. UJC_ �— — � —� — CURB w-_W dSu Olex w —u—u AT&TPAINT c o y� CURB 'NOTE : THE PROPEUND SYE88HOWNON THIS UMENT 587"00'S5"E 87.17' l-' C`� SURVEY ARE PER FOUND SURVEY MONUMENTS OR/W— �793' CA #852 25.0 SHOWNONAPLATOFSURVEYBYALANREID& 41 2 -- — 20.27' I ASSOCIATES FILED IN BOOK M12 AT PAGE 37483. CONICDRIVE — —M.S.P. RA BRICK& WAl /TjIII CONC. I / CONC.WALL , I ,sn•/lo DRIVE ITKISTINGHOUSE Llx —x —x x FWORK: 2.5 y )ECE R IS & 28, 2021 MARCH ARCH 15I5, 2022 BASIS OF BEARING: GPE OBSERVATION- AR NORTH ZONE S G REFERENCE DOCUMENTS: I) PLAT OF SURVEY FILED IN BOOK A AT PAGE IS ivo1T- 2) MOUNTAIN VIEW ADDISEDTION FILED PAGE IN BOOK 4 T PAGE 120 ADDITION FILED IN BOOK 4 2 - O A 3) PLAT OF SURVEY PILED IN BOOK 2019 AT PAGE 37483 4) PLAT OF SURVEY FILED IN BOOK 2019 AT PAGE 25010 Z WARRANTY DEED FILM GE 22230 STONL 6)ORDI OO 574 AT PAGE 221 6) ORDINANCE FILED IN BOOK 570 AT PAGE 221 AREA & PROPERTY ZONED: HILL -HILLSIDEMILLTOP OVERLAY DISTRICT (MOD) BUILDING SETBACKS: FRONT 15R SIDE 05R BEAR 15R MIS POC SW CORNER U.E. I VACATION r / DECK �l W zryIIS PROPOSED 5' U.E. A WITHIN THE Y BUILDING SETBACK, EXTENDING 'H TO PROPERTY LINE, AND EXTENDING SOUTH TO PROPERTY LINE TO BE RETAINED AS UTILITY EASEMENT (DOT -HATCHED AREA) )F UTILITY EASEMENT VACATION TT57E8 SQ. FT.I R10 ACRES (CROSS -HATCHED AREA) EXISTING WARRANTY DEED DESCRIPTION (B. 2020- P. 22230). LOTS 1,10 AND THE EAST HALF M 1/2) OF LOTS 9 AND 2IN BLOCK 5 OF MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILED IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICID RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND ALSO THE WEST HALF (W 1/2) OF VACATED READ AVENUE. SUBJECT TO EASEMENTS, RIGHT-OF-WAYS, AND PROTECTIVE COVENANTS OF RECORD, IF ANY. SUBJECT TO ALL PRIOR MINERAL RESERVATIONS AND OIL AND GAS LEASES, IF ANY. UTILITY EASEMENT VACATION DESCRIPTION: A PART OF A 25' WIDE UTILITY EASEMENT DEDICATED PER BOOK 574, PAGE 221, LOCATED PARALLEL AND ADJACENT TO THE EAST LINES OF LOTS 1 AND 10IN BLACK 5 OF MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE WEST LINE OF SAID EASEMENT WHICH IS SSfi"32'00"E 26OT FROM AN EXISTING PIPE MARKING THE SOUTHWEST CORNER OF THE EAST HALF OF LOT 2IN SAID BLOCK 5 AND RUNNING THENCE ALONG SAID WEST LINE N12"21'57"E 222.77' TO THE NORTH LINE OF SAID EASEMENT, THENCE ALONG SAID NORTH LINE S87°00'55"E 20.27, THENCE LEAVING SAID NORTH LINE TO AND ALONG THE 5' BUILDING SETBACK LINE PARALLEL, ADJACENT TO, AND WEST OF THE EAST LINE OF SAID 25' WIDE UTILITY EASEMENT S12"21'57" 222.94' TO THE SOUTH LINE OF SAID EASEMENT, THENCE ALONG SAID SOUTH LINE N86°32'00"W 20.2C TO THE POINT OF BEGINNING, CONTAINING 0.10 ACRES, MORE OR LESS. EAST HALF LOT 2, BLOCKS L IS_B.S.B. I I GRAPHIC SCALE UN FEET) 3 I Inch=20R. MOUNTAIN VIEW ADDITION PROPOSED 5' U.E. 26.07 CAP 2 R'W, _ _\_\\ 2530'/ Im #1005 m N86"32'00"W 51.37-` sa, 1 EXISTING 10' BLACK HILLS GAS U 2. PER 2018-35002 1 EXISTING 50'PLATTED R/W REBECCA STREET END OF CONSTRUCTED VICINITY MAP (NOT CONSTRUCTBD) I E. REBECCA STREET (ASPHALT ROAD) _ 8"SEWER-APPROX LOK —s—s— w+ CJ" — --R/W PLATNOTES: 1) THE LOCATION OF UTILITIES SHOWN HEREON ARE FROM OBSERVED EVIDENCE OF ABOVE GROUND APPURTENANCES, INFORMATION FROM CITY OF FAYETTEVILLE GIS MAPS, AND UTILITIES MARKED BY ARKANSAS ONE CALL. ALL UTILITY LINES APPEARING ON THIS PLAT, AS WELL AS THOSE THAT MAY EXIST UNDERGROUND NEED TO BE VERIFIED PRIOR TO DOING ANY TYPE OF EXCAVATION OR DESIGN, SOME UTILITY LINES MAY ALSO EXIST THAT WERE NOT SHOWN ON THIS PLAT. 2) THE ENTIRE SURVEYED PROPERTY LIES WITHIN THE CITY OF FAYETTEVILLES HILLSIDE/HILLTOP OVERLAY DISTRICT. FLOOD CERTIFICATION: NO PORTION OF THIS PROPERTY IS LOCATED WITHIN FLOOD ZONE "A" OR "AE" AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCERAT MAP FOR WASHINGTON COUNTY, ARKANSAS. (FIRMPANEL#05143CO210F. DATED05/16/2008) LEGEND: � JONTHONTSON+.Engl�-Survey�-LandscapeA�htbcts Bates& L - - s o VC1 wA o.o �Po IAIO6 „ s�R�lAllN p• 1"=ZIllAl- owAERNG osANRAarsEWExN = _ _ MOUNT- TGw Ew oAFn33 �A CO R�s� r ° _ ". �LE.m I- ORDING NUMBER/OATF