HomeMy WebLinkAboutOrdinance 4181 ORDINANCE NO. 4181
AN ORDINANCE VACATING AND ABANDONING A
PORTION OF A TEN FOOT UTILITY EASEMENT LOCATED
AT 1603 JORDAN LANE, AS REQUESTED BY TIM
MCMAHON ON BEHALF OF MCMAHON BROTHERS
CONSTRUCTION INC. IN VA 99- 10.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public
grounds or portions thereof as may not for the time being be required for corporate purposes; and
WHEREAS, the City Council has determined that the following described 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 of Fayetteville, Arkansas hereby vacates and abandons all of
its rights Together with the rights of the public generally, in and to the following described utility
easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed
in the, office of the Recorder of the County and recorded in the Deed Records of the County.
,ff .PY E lT_ �
�t jy D APPROVED this Z day of September , 1999.
r 4 , iaM 1 APPROVED:
p r ilfj,
All
{ B
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff,City Mrk
Ord . 4181
EXHIBIT "A"
Property Description:
Lot Numbered Thirty-four (34), Hidden lakes Estates Subdivision, City of
Fayetteville, Arkansas, as per plat of said Subdivision on file in the Office of the
Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas.
Easement Abandonment Description:
The north 2' of an existing 10' easement adjacent to south property line of Lot 34
Hidden Lake Estates, Fayetteville Arkansas.
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of September 7 , 1999 .
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an for ordinance VA 99- 10 submitted by Tim McMahon
on behalf of McMahon Brothers Construction Inc . for property located at 1603
Jordan Lane . The property is zoned R- 1 , Low Density Residential . The request
is to vacate the northern most 2 ' of the 10 ' utility easement along the south
property line .
COST TO CITY :
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Acc unti g Manager D to ADA Coordinator Date
1 '�
N
C tyAtto e Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommends approval of the utility easement vacation
and the Planning Commission approved the request with a unanimous vote of 6-0-0 .
Cross Reference
Di n ead Date
8 Zc>-qS
ar f ne r a e New Item : Yes No
1 ilServices Da e Prev Ord/Res# :
Dir r
rr� Y� y
May r Date Orig Contract Date :
VA 99-10. 00
Pagel
PC Meeting of _09 Aug 99
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Utility Easement Vacation
113 W. Mountain SL McMahon Brothers, Inc.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, P.E. , Staff Engineer
DATE: August 5, 1999
Project: VA 99.00-10.00: Utility Easement vacation as requested by McMahon Brothers,
Incorporated for property located at 1603 Jordan Lane, Hidden Lake Estates, Lot 34 . The
property is zoned R- 1 , Single Family Residential. The request is to vacate the northern 2' of an
existing 10 ' utility easement located adjacent to the southern side of Lot 34 . Please refer to the
attached drawings for exact location and dimensions.
The applicant has submitted the required notification forms to the utility companies and to the
City . The results are as follows:
Ozarks Electric - No service.
Southwestern Electric Power Company. - No objections.
Arkansas Western Gas - No objections.
SW Bell - No objections.
TCA Cable - No objections.
City of Fayetteville:
Water/Sewer - No objections.
Street Department - No objections.
Solid Waste - No objections.
Recommendation: Approval of the requested easement vacation.
PLANNING COMMISSION ACTION: a Required
Approved Denied
Date:
Planning Commission Meeting
August 9, 1999
VA 99-10 McMahan
Page IL I
PETITION
PETITION TO VACATE AN EASEMENT LOCATED IN LOT 34 HIDDEN LAKES ESTATES.
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, located on north 2' of existing 10' easement adjacent to south property line of lot
34 Hidden Lake Estates, Fayetteville Arkansas.
Petitioners state that the easement would only be encroached on by the overhang of the house being
constructed on lot 34, and that the public interest and welfare would not be adversely affected by the
vacation of the 2' section of the above described easement.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, vacate the above described easement.
Dated this 19 day of July 19, 1999
Tim McMahon, Applicant
John McMahon, Owner *9�:i
Planning Commission Meeting
August 9,1999
VA 99-10 McMahon
Page 11.3
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August 9, 1999
VA 99-10 McMahon
S Page 11.5
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LEGAL DESCRIPTION
Lot Numbered Thirty-four , Hidden Lakes Estates .I
Ky 1 3/1
Subdivision, City of Fayetteville, Arkansas, as per plat of
said Subdivision on Nle In the Office of the Cimult Clerk and
Eaoffielo Recorder, Washington County, Arkansas, SURVEYOR'S CEN'E'MCA71ON: I
hereby wrdly that I have surveyed the
herein described trael and dui the property
Ilse and cnrser monvmesir are, to the heat
of my knawied9e and ability. to wdy
nublWbed an ahs Abs, my ease mens
and/w eneroaehmmb r"wded by told
Survey anawo hlRa
WU"AM C. JE7S PLS No, 689 AR
,FMf,11NVF11fNli:NC.
CEDAR ST. PlanningCommission Meeting
Rdll 521-5231 August 9, 1999
VA 99-1D McMahon
Page 11.4
Minutes of Planning Commission Meeting
August 9, 1999
Page 14
VA99-10: UTILITY EASEMENT VACATION
MCMAHON, PP408
This item was submitted by Tim McMahon on behalf of McMahon Brothers Construction, Inc.
for property located at 1603 Jordan Lane. The property is zoned R- 1 , Low Density Residential.
The request is to vacate the northernmost 2 feet of the 10 foot easement along the south property
line.
Tim McMahon was present on behalf of the request.
Staff Recommendation
Staff recommended approval of the utility easement vacation.
Commission Discussion
Johnson : This property is located in Hidden Lakes Estates. My understanding from our
discussion of this at agenda session last Thursday is that the problem is that 2 feet of the roof line
extends over into the utility easement and that this problem was observed when the City
Inspector, Bert Rakes, was on site and the problem was observed prior to the footing being
poured. The ditch for the footing had been dug and I think the rebar had been placed but the
concrete hadn' t been poured. The inspector observed the mistake and said that it needed to be
corrected but the applicant opted not to do that.
Vinson: I have a brief history that I can present to you. In April of 1999, the applicant was
in the process of pouring footings for a residence at 1603 Jordan Lane. An inspector, Bert Rakes,
from the City of Fayetteville informed the applicant that the footing was violating a utility
easement setback. The plan the applicant was using showed an 8 foot setback but the setback
was suppose to be 10 feet. The inspector devised a way to alter the existing footing by
increasing it' s width, allowing the wall and roof overhang to be built outside of the utility
easement. Later, the applicant decided the wall could not be placed on the footing at the location
he and the inspector had discussed and the wall was constructed with a setback of 10 feet, 2
inches. The roof currently hangs 2 feet into the utility easement. The applicant is now
requesting a vacation on the north 2 feet of the 10 foot utility easement setback to accommodate
the roof overhang.
Johnson : All right. Would the applicant identify himself for us and tell us what you have to
add to the overview that has been given?
McMahon: My name is Tim McMahon and I am representing McMahon Brothers
Construction, Inc. The only thing I have to add to Brent's comments are that the property is a
little bit unique because it is located immediately adjacent to a property that is on the National
Minutes of Planning Commission Meeting
August 9, 1999
Page 15
Historic Register which is know as the Jackson House and there are several very large and
pristine pine trees located on this property and what we were attempting to do when we were
locating the structure on the property was to avoid damaging the root system of the very large
pine tree that is part of the Jackson Estate before the property was subdivided. The plat that we
used to layout the house and which I used to submit to the planning department was mistaken
used by me. It was a preliminary plat. During the process of obtaining a building permit, I
didn' t even realize I was using a preliminary plat. So, it was an honest mistake that I' ve made.
We' ve built probably about 50 houses in the City of Fayetteville and this is the first time I' ve
ever had a problem. We're very, very careful about this normally and it was just a mistake and
an oversight. There are absolutely no utilities in the easement and there have been no objections
by any of the utility companies or the City Engineering Department or any of the other parties
that are involved.
Johnson: Explain to me why there are no utilities in this utility easement.
McMahon: Well, when I asked Ron Petrie about this -- actually, Ron was employed by the
engineer who did the engineering on the subdivision. He told me that customarily an engineer
would -- it' s just a matter or keeping clean lines when the lots were subdivided. There are
utilities that come of the back corner of the property along that property line but it' s just partial .
Johnson : Are you saying that there are no utilities in the 10 foot utility easement or there
are no utilities in the 2 feet which you want vacated.
McMahon: Along the property line that would be affected by the roof overhang, along that
segment of the utility easement, there are no utilities in the easement.
Johnson: And how long a segment of that utility easement is it?
McMahon: It is approximately about 36 feet. It' s right in the middle. Coming off the back of
the property, there are utilities that come out in the easement. There is also another very large
group of 3 or 4 big, pristine pine trees that are in that utility easement between the street and the
back part of the property where there actually are utilities in the easement.
Johnson : We have before us a plat or survey that you provided for lot 34 and it' s at page
11 .4 in our packet. Is it the section of the utility easement -- now I' ve confused myself -- is this
easement on the south side of this house or is it on the north side of the house? The one that you
are seeking to vacate.
McMahon: It would be on the south side of the house.
Conklin: What the applicant has stated is true. There are no utilities in that easement.
When I talked with Ron Petrie this afternoon regarding this easement, he indicated to me that at
Minutes of Planning Commission Meeting
August 9, 1999
Page 16
the time it was going through plat review that the utility companies requested this easement and
an additional easement and when they actually went to install the utilities in the subdivision, they
did not go this direction with the utilities and therefore they did not use this utility easement.
Johnson: Tim, as you understand, what part of that south line that is 140 feet long doesn' t
have utilities in it? Where are the utilities?
McMahon: I don't have the plat right in front of me but there -- I'm not sure it' s shown on the
drawing you have but there is a property line that runs north and south going off of the southern
east/west property line and that is as far they extend.
Johnson: There are 2 utilities easements and 2 property lines going north/south. Is it the one
on the east boundary or the west boundary of this lot.
McMahon: It would be the west boundary, I believe.
Johnson: Tim, do you understand that along this south boundary that we are -- the south
utility easement, that there will never be utilities placed there to your knowledge?
Conklin: That is correct.
Johnson: In light of that fact -- let me ask whether there are other questions and I'm not
sure I' ve asked for public comment.
Bunch: In reading the petition and looking at the plat, it' s not clear -- are you asking for a
2 foot vacation along the whole southern border or just in the vicinity of where the overhang of
the house is?
McMahon : We would be pleased if we were granted a vacation just along the portion where
the overhang of the house exists. However, the utility companies, when they stated what they
would agree with on the forms that they signed, they said just the northern 2 foot of the utility
easement.
Bunch: Basically, it' s not really clear from this which request is being made. Whether is
the overhang of the house area or along the whole, entire length.
Public Comment
None.
MOTION
Minutes of Planning Commission Meeting
August 9, 1999
Page 17
Johnson: In light of the fact that there is no utility located in this easement and but for that,
probably I would not have voted for this vacation because I think when the City Inspector is on
site and says this is being built in the easement, I think the sensible course is to make the
correction before the concrete is poured. But, if this utility easement is not being used, I take it
we might even consider an application to vacate the entire easement along this section. In light
of that, I will move that we approve vacation 99- 10 and that we recommend vacation of the
northernmost 2 feet of the entire existing 10 foot utility easement on the southern side of lot 34.
Estes: Madame chairman, I second the motion.
Johnson: I have a motion by the chairman, seconded by Commissioner Estes that we
approve vacation 99- 10 to vacate the northernmost 2 feet of the entire 10 foot utility easement on
the south boundary of lot 34 and recommend that on to the Council.
Roll Call
Upon roll call, the motion passed with a unanimous vote of 6-0-0.
Meeting adjourned at 6:24 p.m.
i
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of September 7, 1999.
FROM:
Tim Conklin
Planning
Name Division
Public Works
Department
ACTION REQUESTED: To approve an for ordinance
VA 99-10 submitted by Tim
McMahon
on behalf of
McMahon Brothers Construction Inc. for
property located
at 1603
Jordan Lane.
The property is zoned R-1, Low
Density
Residential. The
request
is to vacate
the northern most 2' of the 10'
utility
easement along the
south
property line.
COST TO CITY:
Cost of this
request Category/Project
Budget
Category/Project
Name
Account Number Funds used to date Program Name
Project Number Remaining balance
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Budget
Coordinator
Administrative
Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager
Date
ADA Coordinator
Date
Date
Internal Auditor
Date
City Attorney
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends approval of the utility easement vacation
and the Planning Commission approved the request with a unanimous vote of 6-0-0.
S-/999
Division Head Date
Department Director Date
Administrative Services Date
Director
Mayor Date
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
� •0 ,/30/1999 08:05 5@15758316 CITY FAY 1ST FLOOR PAGE 02
. _, •
CITY OF FAYETTEVILLE
APPLICATION & CHECKLIST
FOR AN
EASEMENT/ALLEY VACATION
FOR STAFF USE ONLY C? Date Application Submitted: ! -( `l 'f1 I FEE: $200.00
Date Accepted as Complete: 3�
Case/Appeol Number: V 4 a9 10 PPM: 903 JO"J' 6.
Public Hearing Date: -al Zone: Q I
Application:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished.
GENERAL INFORMATION
Applicant: MG M4-1lotJ (>` f OS • (Kit-. Day Phone: (cot) 1't72
Address: r�t'Iih'7 - I I PJ 4eCE5 ��•`/W Fax #: ( ) S'L/ - Z4y2
t..c4akg. -i 2'Jdti
Representative: M t4r{o tJ Day Phone: (CO) Cjjtb `f7 7
Address: 7 X6AI d ( C ?J RCS f2P P. Fax 0: ( ) S 2 - 2- 4FZ
qer-rt%J, t -LS-- A-2 7z 703 !�
Property Owner: �Q 44-4 IM e- fr✓t � iy..� Day Phone: (cot) �r�6 L77 C
Address: t14 -C • /1-2 S $ Fax 0: (—)
L.11-t P I tL G 40001 A -t ?27c
indckwhere correspondence should be sent:
f/ Applicant
Representative
Owner
DESCRIBE PROPOSED PROJECT IN DETAIL (Attach to this application)
PROPERTY DESCRIPTION
Ste Address: (603 .�o2DA-A/ Lg,jE
Current Zoning District:
Legal Description of Property: May be found on deed or current survey of property. (Attach to this application)
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
J l f r i hA C-Yv1 A -N -c KJJ t -r t4-lz lrV G E
January 1e, 1998
AAVACATE. WPD
Page I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Sharon McCourt, Planning Department
From: Heather Woodruff, City Clerk
Date: September 9, 1999
Attached is a copy of the
ordinance approving
vacation request
VA 99-10
for
your
records. The
original will be recorded
with the county, then
microfilmed and
filed with
the
City
Clerk.
cc. Ed Connell, Engineering
Clyde Randall, Engineering
John Goddard, Data Processing
Tony Webb, Planning
RECEIVED I
ORDINANCE NO.4181
AN ORDINANCE VACATING
AND ABANDONING A POR-
TION OF A TEN FOOT UTILI-
TY EASEMENT LOCATED AT
1603 JORDAN LANE, AS RE-
QUESTED BY TIM MCMAHON
ON BEHALF OF MCMAHON
BROTHERS CONSTRUCTION
INC. IN VA 99-10.
WHEREAS, the City Council
has the authority under A.C.A.
§14-54-104 to vacate public
grounds or portions thereof as
may not for the time being be
required for corporate purpos-
es;and
WHEREAS, the City Council
has determined that the follow-
ing described 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 of
Fayetteville, Arkansas hereby
vacates and abandons all of its
rights together with the rights of
the public generally, in and to
the following described utility'
easement:
See Exhibit A" attached hereto
and made'a part hereof.
Section 2. That a copy of this
Ordinance duly certified by the
City Clerk shall be filed in the
office of the Recorder of the
County and recorded in the
Deed Records of the County.
PASSED AND APPROVED
this':7tti day of September,
1999;..;
APPROVED:
By: Fred Hanna, Mayor
ATTEST: Heather Woodruff,
City Clerk
STATE OF ARKANSAS
County of Washington } as.
DEC 28 1999
ACCTG. DEPT.
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all
classes in the City and County for a definite price for each copy, or a fixed
price per annum, which price was fixed at what is considered the value of the
publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months and that the said newspaper publishes an
average of more than forty percent news matter.
I further certify ttLat the legal notice attached in the matter
was published in the regular daily issue of said newspaper for
consecutive insertions as follows:
The first insertion on the /g// day of 19
the second insertion on the
day of 19 —
the third insertion on the day of 19
the fourth insertion on the / ay of 19
hoer/General Manager
Sworn to and subscribed b fore me on this day of
�t_O�n r, 19L
Cal$criac51it ,ZNota Publii
iota^; Public. state nti Arkansas �<
ry
My Commission Expires: ;' \V,ch;netonCOuntY
), My Commisstou Expires UT u63 'r
ututtttrttctttattucttttttttut22 I
Fees for Printing......................................................$
Costof Proof.............................................................$ �7
Total..........................................................................$ �`9 -1,0