HomeMy WebLinkAboutOrdinance 6628113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6628 File Number: 2022-1048 VAC 22-023 (680 N. SAMARA CIRCLE RARE BIRD BUILDERS): c DIII�0 �015660004TIIpII: �RIIIII�������� Doc ID: 020916660004 Type: nEL Kind: eal. 01/0E Fee Aint:: 30.00 page at 01:47:58 or Fee Amt: $30.00 Pepe 1 of 4 Maahlnpton County, PP Kyle BVlveater Clrcult Clerk File2023-00000631 AN ORDINANCE TO APPROVE VAC 22-023 FOR PROPERTY LOCATED AT 690 NORTH SAMARA CIRCLE IN WARD 4 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 memo. Scdion2: 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. PASSED and APPROVED on 12/6/2022 Pape 1 Po W on lww Ordinance: 6628 File Number. 2022-1048 Attest: ``���n�u►rrrr�� C IT +� f, Dec` • �cP A Y G Kara Paxton, City Clerk Treasurer's: cn <F. ON Cb0\VN 111111111110 Page 2 Printed on 1217122 VAC-2022-0023 Close Up View 680 N. SAMARA C I R I VAC-2022-0023 EXHIBIT'A' BERRY•ST w RSF-4 �Z ,Q �N y , Q Subject Property , U. , , , ■ ■ r EVELAND ST rM , , , 3 'w Z QU m Q Ica cQ C LINCOLNWOOD Cn DR ARCHER DR , , , , , Neighborhood Link Unclassified Residential Link ■ ■ Planned Residential Link Hillside -Hilltop Overlay District ~ Planning Area _ ! Fayetteville City Limits Trail (Proposed) Feet 0 75 150 300 450 600 1:2.400 RSF-4 VAC-2022-0023 Amended Exhibit `B' EASEMENT REDUCTION: COMMENCING AT A FOUND 1/2" REBAR ON THE NORTHWEST CORNER OF LOT 20, OF WATERMAN WOODS SUBDIVISION LYING ON THE SOUTHERN RIGHT-OF-WAY OF CLEVELAND STREET; THENCE, LEAVING SAID SOUTHERN RIGHT-OF-WAY, SOUTH 24°00'55" EAST 27.93 FEET; THENCE, SOUTH 87°31'59" EAST 55.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 02°28'01" EAST 10.00 FEET; THENCE, SOUTH 87°31'S9" EAST 21.69 FEET; THENCE, SOUTH 02°28'01" WEST 10.00 FEET; THENCE, NORTH 87°31'59" WEST 21.69 FEET TO THE POINT OF BEGINNING, CONTAINING 0.005 ACRES, MORE OR LESS. ftshington County, AR 1 Certify this instrument was flied on 01/06/2023 01:47:58 PM and recorded in Real Estate File Number 2023-00000631 Kyle Sylvester- Circuit Clerk by Printed Name Signature Printed Na Signature City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-1048 Agenda Date: 12/6/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: DA VAC 22-023 (680 N. SAMARA CIRCLE RARE BIRD BUILDERS): AN ORDINANCE TO APPROVE VAC 22-023 FOR PROPERTY LOCATED AT 680 NORTH SAMARA CIRCLE IN WARD 4 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 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 121712022 City of Fayetteville Staff Review Form 2022-1048 Legistar File ID 12/6/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 11/18/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0023: Vacation (680 N. SAMARA CIR./RARE BIRD BUILDERS, 442): Submitted by BLEW AND ASSOCIATES for property located at 680 N. SAMARA CIR. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.47 acres. The request is to vacate a 0.008-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 %PF ARKANSAS MEETING OF DECEMBER 6, 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: November 18, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0023: Vacation (680 N. SAMARA CIR./RARE BIRD BUILDERS, 442): Submitted by BLEW AND ASSOCIATES for property located at 680 N. SAMARA CIR. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contains approximately 0.47 acres. The request is to vacate a 0.008-acre portion of a utility easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0023 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 located near the University of Arkansas main campus at the end of Samara Circle just south of Cleveland Street. The property is zoned RSF-4, Residential Single -Family, 4 Units per Acre, totals approximately 0.47 acres, and is currently developed with a single-family dwelling which Washington County records indicate was built in 1993. Request: The applicant proposes to vacate a portion of an existing utility easement as indicated in the attached exhibits and totaling approximately 0.008 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. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 VAC-2022-0023 Close Up View 680 N . SAMARA C I R BERRY-ST Subject Property tVELAND'ST , , , , DII M , Q � D 1Z C LINCOLNWOOD Q U) DR ARCHER -DR , , , , , , , I , , Neighborhood Link Unclassified Residential Link �■ Planned Residential Link Hillside -Hilltop Overlay District r _ Planning Area _ Fayetteville City Limits — — — Trail (Proposed) Feet 0 75 150 300 450 600 1:2,400 VAC-2022-0023 EXHIBIT'A' w Q 20 yOT O i NORTH- RSF-4 VAC-2022-0023 BLEW & ASSOCIATES, PA EXHIBIT'B' CIVIL ENGINEERS & LAND SURVEYORS PROPOSED UTILITY EASEMENT AND SETBACK REDUCTION: COMMENCING AT A FOUND 1/2" REBAR ON THE NORTHWEST CORNER OF LOT 20, OF WATERMAN WOODS SUBDIVISION LYING ON THE SOUTHERN RIGHT-OF- WAY OF CLEVELAND STREET; THENCE, LEAVING SAID SOUTHERN RIGHT-OF- WAY, SOUTH 24000'55" EAST 27.93 FEET; THENCE, SOUTH 87°31'59" EAST 55.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 02°28'01" EAST 17.05 FEET; THENCE, SOUTH 87°31'59" EAST 21.69 FEET; THENCE, SOUTH 02028'01" WEST 17.05 FEET; THENCE, NORTH 87031'59" WEST 21.69 FEET TO THE POINT OF BEGINNING. CONTAINING 0.008 ACRES, MORE OR LESS. 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 Q Bi,► a� Associates, P.A. Civil Engineers Professional Land Surveyors November 1, 2022 To Whom It May Concern, 3825 N. Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 My clients, Rare Bird Builders, are requesting for an easement/setback reduction for the property at 680 North Samara Circle in Fayetteville. They are requesting this in order to put in a pergola. We have approvals from all utility companies, and this would not affect the adjacent properties in any way. We kindly ask for your approval of this reduction. The reduction affects parcel: 765-17298-000. Sincerely, Nikki Littrell Senior Project Coordinator Blew & Associates, P.A. PETITION TO VACATE PETITION TO VACATE AN EASEMENT LOCATED IN LOT 020 OF THE WATERMAN WOODS SUBDIVISION, 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 Lot 020 of the Waterman Woods Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: COMMENCING AT A FOUND 1/2" REBAR ON THE NORTHWEST CORNER OF LOT 20, OF WATERMAN WOODS SUBDIVISION LYING ON THE SOUTHERN RIGHT-OF-WAY OF CLEVELAND STREET; THENCE, LEAVING SAID SOUTHERN RIGHT-OF-WAY, SOUTH 24°00'55" EAST 27.93 FEET; THENCE, SOUTH 87°31'59" EAST 55.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 02°28'01" EAST 17.05 FEET; THENCE, SOUTH 87°31'59" EAST 21.69 FEET; THENCE, SOUTH02°28'01" WEST 17.05 FEET; THENCE, NORTH 87°31'59" WEST 21.69 FEET TO THE POINT OF BEGINNING. CONTAINING 0.008 ACRES, MORE OR LESS. 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 oa day of AG7yg&-)4%7 1 20 2� Printed Name Signature Printed Name Signature To Whorn it may concern: As the current lot Ownor of lot 20 in Waterman Woods Subdivision (680 N, Samra Circle, Fayetteville, Arkansas 72701), 1 hereby 0q, Rare Bird Buddc.f.-,, LLC as an authori:lcd agent LU act on my behalf throughout the City of Fayette'ville's Easement Vacation apphcatiDn prozess. This authorization CnCompasses the foWv%rin&. — Payments 2. Plan submittals I Contracting with Land Surveyor's to meet the city's req, u er+,-rner3tN 4. Signing the OwnOr's consent forms & petitions 51 Attending City Council meetings, as required 6. Contacting and coordinating with local utility companies for InVections and approval." Leeve,lyn Properties, LLC Kryan.S.nndlin, Managing Member 1571 Anna Cade Road Rockwell, IX -11,087 (214) 674-1293 hry�and Rare Bird Builders, LLC 3608 N, Steel Blvd, Suite 104 Fayetteville, AR 72703 Casey Shields 479-27&-8835 corn, AR Contractoes License: 0388280423 Expires, April 30, 2023 Blake Suess 479-305-3159 ci 111 Date m omyo°m -mi S° wnm amR o° amAm o N aavoa A ayF^F .'U 212 . - IA a o m AmZ Am AAA T 1 �m0`� OA Q 8my 220iT m O°�yOA m 202 m � Zvi mm m �y A,2 CA _ O 2u yymy = nNam,= 9» Z zzRon 'z$o �" miz T o mm 0 y� am Z io RAcmi'z�� a w oy y pcz � zm m� � cy o��Hooazy � ypy0 z ci ya°�°z ►� pro^ v acR -apzo m Sipo� a° m -N'm yo om F �o '� "F n mmoa� �z po A �m o Nz Z mmmanac=i° �i iz°Oz �'o m"A'.17 aoi?aT y'�i z.g. 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J pg>o`a .•dSc�302Irj. p ym� z z y m 8 m m z %g euesN ° Z D ��n- _�= g .���,,�1:' � •� '•. �'�n''. m�"' ^ � a o m °n o o � z i o °z i Qo s�3 �' ° N Fm�A ^w m [n H - 'r•� °'mm y om m m im y�� 3 OI n 3 w rn d'.P tOti, �: �-bj Sam 2 o Rezwback Rd y Q=O Og "gym 5m rn y o RECEIVED DEC 27202ENoR7HwE[7ARJAsks CITYCRSOFRCDemocrat (�a�ette AFFIDAVIT OF PUBLICATION I, Paola Lopez, 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 o 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 -Clerks Office Ord. 6628 Was inserted in the Regular Edition on: December 19, 2022 Publication Charges: $91.00 PAR Lope Subscribed and sworn to before me This'Ll day of Dec-1,2022. TaMMY RUSHER Notary Pudic-A6wmxS moeltem Courry CAmmisaoma1210]1N J6� MY ommm n Expi No tp 9 Notary Public My Commission Expires: li I tit **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6628 File Numbco 2022-IMS VAC22-023 (6S I N. SAMARA CIRCLE RARE BIRD BUILDERS): AN ORDINANCE TO APPROVE VAC 22-023 FOR PROPERTY LOCATED AT 690 NORTH SAMARA CIRCLE IN WARD 4 TO VACATE A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the mourrity under A.C.A. S 14-54-1M m vacate public grounds or portions thereof which are not required for co pooh purposes; and WHEREAS, the City Courecil has determined Nat the following described portion ofa utility easement is rut required for corporme, purposes. NOW, THEREFORE, BE IT ORDABtlED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section 1: That the City Council ofthe City cf Fayetleville, Arkansas hereby vo mes the portion ore utility easement . described m Exhibit B mtuched to the f Planning Deparintenl's memo. Section 2: A copy ofthis Ordinance duly certified by the City Clerk mong with the map aaached as Exhibit A W the Pluming Department's memo shod be filed io Me office of the Washington County Circuit Clerk. Section 3: This vacation appmvm is subject to the condition thin any relocation for damage to existing utilities or existing facilities shall be a the owmer/developer's expense. PASSED and APPROVED ou 12J6 022 Approved: Lioneld Jordan, Mayor Atlese K. P.O., City Clerk Tre.me, This publication was paid for by the City Clmk-Treasurer ofthe City of Feymteeille, Arkansas. Areoum P 1d: S 91.0 ) 7505422 Doc 19, 2022