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Home My WebLink AboutOrdinance 66390 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6639 File Number: 2022-258 VAC 22-027 (103 N. PLAINVIEW): Dioiiiiiiiiiiiiiiiiiiliiliilliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiliiiiiiiiili Doc ID: 020935940003 Type: REL Kind: ed:ORD01NCE /20 Recorded: 25.00/Pape at 03:25:49 PM Fee Amr: Washington Coun Pape 1 of 3 KyleSylve Sylvester AR Kyle Sylvester Circuit Clerk P11e2023-00001846 ARCHIVED AN ORDINANCE TO APPROVE VAC 22-027 FOR PROPERTY LOCATED AT 103 NORTH PLAINVIEW AVENUE IN WARD 3 TO VACATE A PORTION OF A WATER AND 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 and 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 and sewer 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. PASSED and APPROVED on January 3, 2023 Approved: Attest: Lio Id orlon, r Kara Paxton, City Clerk Treasurer FAYETTEVII iy ,9P J' • k P' ANr. Page 1 VAC-2022-0027 103 N. PLAINVIEW AVE I EXHIBIT 'A' Close Up View VAC-2022-0027 [two] LONGVIEW-ST MAL•INDA DR RMF-z4 MARGARET-PL- Residential Link ■ ■ Planned Residential Link M Planning Area - _ Fayetteville City Limits - - - Trail (Proposed) Feet 0 75 150 300 1: 2, 400 450 R-A M W= LI G AV- QT C- C m 2 A& NORTH Residential -Agricultural RSF-4 RI-12 RMF-24 Residential -Office C-2 M Urban Thoroughfare EXHIBIT'B' VAC-2022-0024 Bates(. Associates.inc. Civil Engineering - Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 " FAX: 479-521-9350 www.nwabatesinc.com RE: LEGAL DESCRIPTION 35' WATER EASEMENT TO BE ABANDONED DESCRIPTION: A 35' WATER EASEMENT FILED FOR RECORD IN BOOK 451 AT PAGE 377 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, WHICH IS LOCATED IN A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N02002'21 "E 175.81' FROM AN EXISTING STATE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N02002'21 "E 114.27' TO AN EXISTING REBAR, THENCE S87009'23"E 36.97', THENCE S20002'38"W 119.61' TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 01/20I2023 03:25:49 PM and recorded in Real Estate File Number 2023-00001846 Kyle Sylvester- Circuit Clerk 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 FROM: Jessica Masters, Development Review Manager DATE: December 15, 2022 SUBJECT: VAC 22-027 (103 N. PLAINVIEW) CITY COUNCIL MEMO 2022-258 RECOMMENDATION: AN ORDINANCE TO APPROVE VAC 22-027 FOR PROPERTY LOCATED AT 103 NORTH PLAINVIEW AVENUE IN WARD 3 TO VACATE A PORTION OF A WATER AND SEWER EASEMENT BACKGROUND: The subject property is located in north Fayetteville, where N. Plainview Avenue dead -ends into the existing Fiesta Square Shopping center. The property contains an incomplete structure that aerial imagery suggests was partially razed in 2013. Request: The applicant proposes to vacate a portion of an existing water and sewer easement in the northwest portion of the property, as indicated in the attached exhibits and totaling approximately 0.05 acres. DISCUSSION: The applicant submitted the required approvals with no objections. With submittal of the required vacation forms and utility consent, staff recommends approval. Staff recommends approval of VAC-2022-0027 as shown in the attached Exhibits 'A' and '13% and with the following condition of approval: Any damage or relocation of any existing facilities will be at the applicant's expense. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Applicant Request Letter, Petition to Vacate, Survey, ORD VAC - 22-027 103 PLAINVIEW - UTILITY EASEMENT Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville Staff Review Form 2022-258 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-2022-0027: Vacation (103 N. PLAINVIEW AVE./MCMAHON, 213) Submitted by TIM MCMAHON for portions of a water and sewer easement located at 103 N. PLAINVIEW AVE in WARD 3. The property is zoned RI-12, RESIDENTIAL INTERMEDIATE —TWELVE UNITS PER ACRE and contains approximately 3.16 acres. The request is to vacate a O.OS-acre 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-2022-0027 Close Up View K-0 LONGVIEW-ST RMF-24 103 N. PLAINVIEW AVE EXHIBIT'A' VAC-2022-0027 MALINDA MARGARET-PL- Residential Link ■ ■ Planned Residential Link r ' Planning Area 9 ` - - Fayetteville City Limits Trail (Proposed) Subject Property Feet 0 75 150 300 1:2,400 KENRAY ST— LONGVIEW-ST RSF-4 NI Residential -Agricultural RSF-4 RI-12 RMF-24 Residential -Office 450 600 C-2 Urban Thoroughfare EXHIBIT 'B' VAC-2022-0024 Bates Associates,, Inc. Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 www.nwabatesinc.com RE: LEGAL DESCRIPTION 35' WATER EASEMENT TO BE ABANDONED DESCRIPTION: A 35' WATER EASEMENT FILED FOR RECORD IN BOOK 451 AT PAGE 377 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, WHICH IS LOCATED IN A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N02002'21 "E 175.8 P FROM AN EXISTING STATE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N02002'21"E 114.27TO AN EXISTING REBAR, THENCE S87009'23"E 36.97', THENCE S20002'38"W 119.61' TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS. December 1, 2022 Dear Members of the Planning Commission and City Council, Concerning property located at : 103 N. Plainview Drive This is a request to have an easement that contains an abandoned water main vacated. Your consideration of this request is very much appreciated. Very respectfully, Tim McMahon SAMPLE PETITION* PETITION TO VACATE A water & sewer EASEMENT LOCATED IN (103 NPlainview Ave), 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 (103 N. Plainview Ave), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A 35' WATER EASEMENT FILED FOR RECORD IN BOOK 451 AT PAGE 377 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, WHICH IS LOCATED IN A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°02'21"E 175.8F FROM AN EXISTING STATE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N02002'21"E 114.27' TO AN EXISTING REBAR, THENCE S87009'23"E 36.97', THENCE S20002'38"W 119.6l' TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS.,TO- WIT: BEGINNING AT A The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described easement. Tim McMahon Printed Name 7m, Date: 12/01/2022 Signature Jennifer McMahon Printed Name Date: 12/01/2022 Signature I,, AA, A«a MAMRdu, SVSNVAV `3 TA]iiaVd _ [CIZ4e[0 p 6 taP N\ BII�MIII$ `3� 61'lBMI�6113 �� woa,y,aq,y,nlannn l Rf0—3AI33A�,3NM3AI3i3Ma3ryr�,3A NVId lllllfl 311S oul`sa;eioossbr \\ CD f0 S1N3WW03 tlA &-OLLIONO3 0NIA33NION33A3d -Ah ONZ J -3003 M-N ON L\ I I9lf0 IN33NION3 Aid mSN3tl NQ (`XN�l\/� NdWO�ldM 6C]�sa;py • g CO f0 lrlllWAf6 Z. ,rllIWAIIS 1Sl IANIAV M3IANIV�d s3ive .3 �Av�ow aem a ue w..xa eel-sl ON = €as a 0w2 LJ x aBa. MN->sao x x—f--'--�'--�- W �a� wee u. I I j�u x U dM3 E O rg mxTy3osvegoi _ a„ 05W =3 G U w a^ 30N3�tl M3MN tlld � m = x lt30m nrwaY W a350dO1y 1x N d 1 I 0 i W—M✓e"tlMi— !.. as ry � e iw wa ua e S ONE o<< a3E— y zie sz 3om" oho —gym ewe .Qg SP ua*a a.n�W + oc zie.sz 3� fil I Im I // eae / �g�a K s ak I I `ywww �a /m� `eAo ZI f ��IN g=w I 5j! a- ��@�E ��a�Nay;-�`s„ ��aasg�g.�h _ R;.a es'e ,s wb I a� am ia$gaigs� <�� a -m ae6-a RM Ono � � K., 1'.5H.Im o s�� 'Pin,xan� C re .m om mhc� i t o 44 n$ 44 Ail - e h fig¢ Nm e �� h5 ya� ?ea 3� gmg — OHE \ g gee 8 , CIOZ/C/f '.a W L-1 Id FLING A ,15 Z0�6u9 eulfiu3�861 a91�001�91 tlawory 6unoi0 (Sd) OL=l 'alon ORDINANCE NO. AN ORDINANCE TO APPROVE VAC 22-027 FOR PROPERTY LOCATED AT 103 NORTH PLAINVIEW AVENUE IN WARD 3 TO VACATE A PORTION OF A WATER AND 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 and 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 and sewer 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. V � RECEIVED JAN 1720� N/,n7T��p7�'�'�'` An�J ��, 7[��[� oR L 11 w 1-J 1 l RK llM As CITY OF FAYE1TEVtLLE Ordinance 6639 T i�v� CITY CLERK'S OFFICE File Number e ,/`J��] ®� IS � � VAC N. 03 N. L 1 NC APPROVE V ORDINANCE AN ORDNANCE TO APPROVE VAC 1FOR PROPERTY LOCATED AT 10 AT 103 NORTH PLAMVIEW AVENUE IN WARD 3 TO VACATE PORTION OF A WATER AND SEWER EASEMENT WHEREAS, the City Council has the AFFIDAVIT OF PUBLICATION authority under A.C.A. § 14-54104 to ^ I, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the internees; es; andthe Northwest Arkansas Democrat -Gazette, a daily newspaper printed and nter city Council has determined that the following described published in said County, State of Arkansas; that I was so related to this portion" of a water and:ewer easement is publication at and during the publication of the annexed legal advertisement not required for omforme purposes. NOW, THEREFORE, BE IT the matter of: Notice pending in the Court, in said County, and at the dates of AI EDB CITYCOUNCIL the several publications of said advertisement stated below, and that during said OORD OFHE T ARKANSAS: periods and at said dates, said newspaper was printed and had a bona fide semen l: That the Ciy Cmmeil ofthe circulation in said County; that said newspaper had been regularly printed and City of Fayetteville, Arkansas hereby vacates the portion ofa water and sewer published in said County, and had a bona fide circulation therein for the period of easement as desenbed in Exhibit B one month before the date of the first publication of said advertisement; and that o ached to the Planning Deparbnent's memo. said advertisement was published in the regular dail If said newspaper Pdaily onews P Pe Section 2: A oupy ofthis Ordinance as stated below. duly certified by the City Clerk along with the not, smolual as Exhibit A to the Planning Department's memo shall be filed in the office ofthe Washington City of Fayetteville CountyCTraoit clerk Ord. 6639 Section 3: This vacation approval is subiect to the condition that any relocation of or damage in existing Was inserted in the Regular Edition on: g utilities or existing facilities shall be at the emmuddeveloper's expense. January 11, 2023 PASSED end APPROVED on January 3, 2023 Publication Charges: $94.90 Approved: Lioneld Jordan, Mayor AOest Kara Paxton, City Clerk Treasurer This publication was paid for by the City i Clerk -Treasurer ofthe City of ` Fayasayille, Arkansas. Paola Lopez Amount paid: $ 94.90 75641329 Jan 11, 2023 Subs bed and sworn to before me This Ti day of �C , 2023. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. tc i� ®O VS