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Home My WebLink AboutOrdinance 6637REL : OaDIt1ANDE Type Fsso Fmta $30. DD/PeAe St 3Z of44:50 PM Kind MashlnAton counts. Kyle S°1V23-00001844 oj, clerk FS1e2023 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 ARCHIVED Ordinance: 6637 File Number: 2022-241 VAC 22-026 (4267 W. LIERLY LANE) AN ORDINANCE TO APPROVE VAC 22-026 FOR PROPERTY LOCATED AT 4267 WEST LIERLY LANE IN WARD 4 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 I: 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 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 I. Any damage to or relocation of existing facilities will be at the applicant's expense; and 2. Easements over any existing telephone lines shall remain in place or the applicant most dedicate new easements for use by AT&T. PASSED and APPROVED on January 3, 2023 Page 1 Ordinance: 6637 File Number: 2022-241 Approved: Attest: CLE"RF(��j Kara Paxton, City Clerk Treasurer ► ya i� Ve��Uly Cp�3 �ti► . � T �= �• ��Uf11�lt►►�� Page 2 VAC-2022-0026 4267 W. L I E R LY L N d VAC-2022-0026 Close Up View I Exhibit 'A' Subject Property HUGHMOUNT-RDA „ L•IERL•Y-LN — — — t I I 1 I 1 E 1 I 1 t 1 I I [ 1 I I [ 1 I ! I 1 I 1 1 1 I 1 1 ! I 1 ! 1 I 1 F 1 I 1 1 1 I 1 1 ! I 1 1 I I [ 1 I I 1 1 I I Z 1 1 I J 1 + + N 1 ! 1 1 I e l (n a 1 1 1 I I 1 1 1 I 1 1 I 1 1 1 I 1 BERSEIS•DR 1 + I LU + a 1 ,------------------+ I a I RSF-4 LLI z A& I LLI 1 [ NORTH Unclassified Residential Link Planning Area Feet ! _ _ Fayetteville City Limits 0 75 150 300 450 600 Residential -Agricultural RSF-4 - Trail (Proposed) 1:2, 400 VAC-2022-0026 SLEW & ASSOCIATES, PA Exhibit'B' CIVIL ENGINEERS & LAND SURVEYORS 20' UTILITY EASEMENT DESCRIPTION BEING A PART OF LOT 60, LIERLY LANE SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN IN PLAT RECORD BOOK 23A AT PAGE 278, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8" REBAR MARKING THE SOUTHEAST CORNER OF SAID LOT 60; THENCE N87°40'16"W 138.69' TO A FOUND 5/8" REBAR; THENCE N02025'02"E 20.00'; THENCE S87°40'16"E 138.68'; THENCE S02°22'29"W 20.00' TO THE POINT OF BEGINNING, CONTAINING 0.064 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 Washington County, AR I certify this instrument was filed on 01/20/2023 03:24:50 PM and recorded in Real Estate File Number 2023-00001844 Kyle Sylvester - Circuit Clerk by CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JANUARY 3, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: December 14, 2022 SUBJECT: VAC 22-026 (4267 W. LIERLY LANE) RECOMMENDATION: CITY COUNCIL MEMO 2022-241 AN ORDINANCE TO APPROVE VAC 22-026 FOR PROPERTY LOCATED AT 4267 WEST LIERLY LANE IN WARD 4 TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT BACKGROUND: The subject property is in the Lierly Lane subdivision in northwest Fayetteville just south of city limits on Lierly Lane. The property is zoned RSF-4, Residential Single -Family, 4 Units per Acre and totals approximately 0.33 acres. The property is currently developed with one single-family dwelling which Washington County records indicate was built in 1995. Request: The applicant proposes to vacate a portion of an existing utility easement as indicated in the attached exhibits and totaling approximately 0.064 acres. DISCUSSION: The applicant has submitted the required approvals from adjacent property owners and public utility and service providers with conditions as noted above. With submittal of the required vacation forms and utility consent, staff recommends approval. Staff recommends approval of VAC-2022-0026 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. Easements over any existing telephone lines need to remain or new easements need to be provided for AT&T. There are no lines within the section of easement that is proposed to be vacated. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF, Exhibit A, Exhibit B, Applicant Request Letter, Petition to Vacate, Survey, ORD VAC - 22-026 4267 LIERLY - UTILITY EASEMENT Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville Staff Review Form 2022-241 Item ID 1/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 12/16/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0026: Vacation (4267 W. LIERLY LN./ATKINSON, 244): Submitted by HALBERT LAW OFFICE for property located at 4267 W. LIERLY LN. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate a 0.064-portion of a utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20221130 VAC-2022-0026 4267 W. L I E RLY L N. VAC-2022-0026 Exhibit 'A' Close Up View Subject Property HUGHMOUNT-RD , - - - - - - L•IERLY-LN - - - - - -� ' J R-A ' ' 2 , , N N Q � BERSEIS DR W a --------- to W RSF-4 ' 'A& i Z M NORTH Unclassified Residential Link r ' Planning Area Fayetteville City Limits Trail (Proposed) Feet 0 75 150 300 450 600 1:2,400 Residential -Agricultural RSF-4 VAC-2022-0026 BLEW & ASSOCIATES, PA Exhibit'B' CIVIL ENGINEERS & LAND SURVEYORS 20' UTILITY EASEMENT DESCRIPTION BEING A PART OF LOT 60, LIERLY LANE SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN IN PLAT RECORD BOOK 23A AT PAGE 278, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8" REBAR MARKING THE SOUTHEAST CORNER OF SAID LOT 60; THENCE N87°40'16"W 138.69' TO A FOUND 5/8" REBAR; THENCE N02025'02"E 20.00'; THENCE S87040'16"E 138.68'; THENCE S02022'29"W 20.00' TO THE POINT OF BEGINNING, CONTAINING 0.064 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 HALBERT LAW OFFICES ATTORNEYS AT LAW PO BOX 1272 FAYETTEVILLE, AR 72702 PHONE (479) 571-0014 FAX (877) 450-0781 tripp@halbertlaw.net November 29, 2022 City of Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 Re: 4267 Lierly Ln (Vacate Easement) Dear Council Members: Please find enclosed the necessary documents for my client's Easement Vacation Request and application regarding a Utility Easement being vacated at my client's primary residence located at 4267 W. Lierly Ln. As you will note all utility companies have agreed to the vacation due to the easement not being in use. Additionally, we reached out to property owners adjacent to the easement to be vacated and received no objections. The legal description of the easement and graphic representation of what is being vacated is also enclosed. My client wishes to vacate that abuts against the south side of the residence to allow her to improve the subject property with a back porch. Should you have any questions, please don't hesitate to contact me. Sincerely, Halbert Law Offices Charles E. Halbert III CEH/hdc Enclosures HALBERT LAW OFFICES ATTORNEYS AT LAW PO BOX 1272 FAYETTEVILLE, AR 72702 PHONE (479) 571-0014 FAX (877) 450-0781 tripp@halbertlaw.net November 29, 2022 PETITION TO VACATE PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN Lot 60, Lierly Lane 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, block, subdivision), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: "SEE ATTACHED EXHBIT A" That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision of each adjoining lot to the area requested to be vacated) 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 below -described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the below -described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the below -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 1 st day of December 2022 Char es E. Halbert, III Attorney in Fact 2 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS 20' UTILITY EASEMENT DESCRIPTION BEING A PART OF LOT 60, LIERLY LANE SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN IN PLAT RECORD BOOK 23A AT PAGE 278, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8" REBAR MARKING THE SOUTHEAST CORNER OF SAID LOT 60; THENCE N87°40'16"W 138.69' TO A FOUND 5/8" REBAR; THENCE N02025'02"E 20.00'; THENCE S87040'16"E 138.68'; THENCE S02022'29"W 20.00' TO THE POINT OF BEGINNING, CONTAINING 0.064 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 Z m m 2 A 0 Y 0 0 �C fn O T 2 m 2 Osr-fnm C I A O T T Y m n O p Ong n n Y� N O Y 0 zymyD, 2 N A 0TOT OT A m2o oCYi yy:C mAO = yCZI czkizz0 50 A �'N"nTs ysm ATaZm�VDav=,,m<5 qmsmOv .ZC] C'OC zD<ACAnmAmoC°m-D2° � a2nY'fnn o 6 O ni m6 / qZmm�f9Tamoz�o�p%y 0 Xm my 0Oo� �AAm 2 Ohm m rn Cm00-C1 'n ji oa�m"�'�z� Tmzz mm �2 mZ0 Y TZp °A Ci °c0,MQ� z°S z �o AAA m°anv,vzm .. 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' ^-3 � pOm y S� Z �a�M n<: Rn tO� v9� �`c cS'r'•. dam: m m N r 0 A T� Y m m v O y 3 O ti ORDINANCE NO. AN ORDINANCE TO APPROVE VAC 22-026 FOR PROPERTY LOCATED AT 4267 WEST LIERLY LANE IN WARD 4 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 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. Easements over any existing telephone lines shall remain in place or the applicant must dedicate new easements for use by AT&T. Q RECE'lav JAN 17 o NORTHWEST CITY CLKO 'AuI( NMOCraot ICE AFFIDAVIT OF PUBLICATION 1, 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 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. 6637 Was inserted in the Regular Edition on: January 11, 2023 Publication Charges: $101.40 PaTa Lopez Subscribed and sworn to before me This f I day of Uqµ, 2023. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. °!•�'A� pUgo�� NSPS ,•�t2212A466 File Number 2022-241 VAC 22-026 (4267 W. LIERLY LANE): AN ORDINANCE TO APPROVE VAC n-M FOR PROPERTY LOCATED AT 4267 WEST LIERLY LANE IN WARD 4 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 gmueds or portions therein which are not required for corporate purposes; and WHEREAS, the City Council hm determined that the following described portion ofa general utility easement is act required Nr 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 ofa general utiltyy easement as described in Exhibit B attached to (he Planning Department's memo. Section 2: A copy of Nis Ordinance duly certified by the City Clerk along with the coup attached as Exhibit A to the Planning Depamnunt's memo shall be filed in the office ofthe Washington County Circuit Clerk. Section 3: Tbis vacation approval is subject to the following conditions: 1. Any damage to of relocation ofexisting facilities will be a the applicem's expenw; and 2. Easements over any existing telephone lines shall remain in piece or the applicant must dedicate new eawmeras for uw by AT&T. PASSED and APPROVED on January 3,200 Approved: Lioneld Jordan, Mayor Attest: Kant Paxton, City Clerk Treasurer This publication was paid far by the City Clerk -Treasurer ofthe City of Fayetteville, Arkanms. Amount paid: $ 10140 756413181un 11.2023