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Home My WebLink AboutOrdinance 4337 RECOiiD SEP 12 PM 2 08 IlASHINtj 1 meq ; C ORDINANCE NO. 4337 B. STAMPS AN ORDINANCE APPROVING VAO1 -7.00 TO VACATE AND ABANDON A PORTION OF A 25' WIDE UTILITY EASEMENT ADJACENT TO JEREMIAH PLACE AS SHOWN AND DESCRIBED ON THE ATTACHED MAPS AND LEGAL DESCRIPTIONS AS REQUESTED BY GREG BROCKMAN. 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 right-of-way 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 right- of-way: 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 4'h day of September, 2001 . a APPROVED: U ' t j s ` Ab BY . � ' D COODY, Mayor f _ ATTEST: By ct n 4� llill�„�f/'/ eather Woodruff, City Clerk 20`'0'1' TT2575 ME Ord . 4337 EXHIBIT "A" Utility Easement Description A PART OF LOT NUMBERED SEVEN (7) OF THE COYOTE TRAIL SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT THAT IS N87°03' 18"W 33 . 1 FEET AND S3010'W 15 .4 FEET FROM THE NORTHEAST CORNER OF SAID LOT 7, SAID POINT OF BEGINNING BEING THE NORTHEAST CORNER OF THE ENCROACHING DUPLEX, AND RUNNING THENCE SOUTHERLY ALONG THE EAST SIDE OF SAID DUPLEX THE FOLLOWING: S30101W 9.0 FEET, S860501E 4.7 FEET, S30101W 37. 5 FEET, N86050'W 2.4 FEET TO THE 25 FOOT BUILDING SET-BACK AND UTILITY EASEMENT LINE; THENCE LEAVING SAID EAST SIDE AND RUNNING NORTHERLY 46. 7 FEET ALONG A CURVE TO THE RIGHT (DELTA 36° 17' 12", RADIUS 75 FEET) ALONG SAID BUILDING SET-BACK AND UTILITY EASEMENT LINE TO THE NORTH SIDE OF SAID DUPLEX; THENCE LEAVING SAID BUILDING SET-BACK LINE AND RUNNING S86050'E 1 .85 FEET TO THE POINT OF BEGINNING, CONTAINING 0.0065 ACRES, MORE OR LESS . 2001112576 M M I, Bette Stamps, Circuit Clerk and Ez-olficlo plo=der for Washington County, Arkansas, eo t®raby c- that this instrument was filed for rc' ;I my indicated hereon and the same y is r,c� c;u,y with the ackncvaedoemand Faent <r:d ce�`; :e in Record Bcok _ gg IN VJI,NE,c,S Yl hand and HEREOF, I have Mreur'i sated hereon. c �C� my af`xea aie sear di Court on mea inui- Betty t s Cirai and Ex-cfcio Recorder 0 0 NAME OF FILE: Ordinance No. 4337 CROSS REFERENCE: 09/04/01 Ordinance No. 4337 Exhibit "A" (Utility Easement Description) 08/21/01 Memo to Mayor Dan Coody from Hugh Earnest, Urban Development Director, regarding VA 01 -07.00. 08/13/01 Planning Commission (page 3) 08/09/01 Memo to Fayetteville Planning Commission Members thru Tim Conklin, City Planner, from Ron Petrie, Staff Engineer, regarding VA 01 -07.00. 09/04/01 Staff Review Form 09/13/01 Departmental Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk 09/14/01 Proof of Publication 09/27/01 Letter to Greg Brockman, Brock's, Inc. from Heather Woodruff, City Clerk, regarding 2483-2485 Jeremiah Place, Fayetteville, AR NOTES: 0 ft ORDINANCE NO. AN ORDINANCE APPROVING VA01 -7.00 TO VACATE AND ABANDON A PORTION OF A 25' WIDE UTILITY EASEMENT ADJACENT TO JEREMIAH PLACE AS SHOWN AND DESCRIBED ON THE ATTACHED MAPS AND LEGAL DESCRIPTIONS AS REQUESTED BY GREG BROCKMAN. 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 right-of-way 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 right- of-way : 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 day of 92001 . APPROVED: By Dan Coody, Mayor ATTEST: By Heather Woodruff, City Clerk N EXHIBIT "A" Utility Easement Description A PART OF LOT NUMBERED SEVEN (7) OF THE COYOTE TRAIL SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS N87003' 18"W 33 . 1 FEET AND S3010'W 15 .4 FEET FROM THE NORTHEAST CORNER OF SAID LOT 7, SAID POINT OF BEGINNING BEING THE NORTHEAST CORNER OF THE ENCROACHING DUPLEX, AND RUNNING THENCE SOUTHERLY ALONG THE EAST SIDE OF SAID DUPLEX THE FOLLOWING: S3010'W 9.0 FEET, S86050'E 4.7 FEET, S301 09W 37.5 FEET, N86050'W 2.4 FEET TO THE 25 FOOT BUILDING SET-BACK AND UTILITY EASEMENT LINE; THENCE LEAVING SAID EAST SIDE AND RUNNING NORTHERLY 46.7 FEET ALONG A CURVE TO THE RIGHT (DELTA 3601711211, RADIUS 75 FEET) ALONG SAID BUILDING SET-BACK AND UTILITY EASEMENT LINE TO THE NORTH SIDE OF SAID DUPLEX; THENCE LEAVING SAID BUILDING SET-BACK LINE AND RUNNING S86050'E 1 .85 FEET TO THE POINT OF BEGINNING, CONTAINING 0.0065 ACRES, MORE OR LESS. • • VA 01-07. 00 Page FAYETTEVILLE M THE CITY OF FAYETTEVILLE, ARKANSAS Easement Vacation 113 W. Mountain St. Brock's Incorporated Fayetteville, AR 72701 TO: Mayor Dan Coody FROM: Hugh Earnest, Urban Development Director// DATE: August 21, 2001 BACKGROUND VA 01 -07 .00: Vacation was submitted by Greg Brockman of Brock's, Inc. for property located at 2483-2485 Jeremiah Place, Lot 7, Coyote Trail Subdivision. The request is to vacate a portion of a 25 ' wide utility easement adjacent to Jeremiah Place as shown and described on the attached maps and legal descriptions . The requested easement vacation is due to an error in drafting which caused the duplex to be constructed within the existing 25 'utility easement and required front yard. The Board of Adjustment, at the July 2 , 2001 meeting approved a variance for the portion of the building located within the 25 ' required front building setback contingent upon the approval of a vacation of the encroached area of the easement. Only the portion of the easement in which the building encroachment has occurred is being requested to be vacated. There are no existing utilities located within this portion of the easement. CURRENT STATUS Staff recommended the vacation and the Planning Commission approved the request by a 7-0-0 vote . RECOMMENDATION Approval of the proposed easement vacation. Planning Commission August 13, 2001 Page 3 Consent Agenda: VAC O1-6.00: Vacation ( Marriott Courtyard, pp 213) was submitted by Andy Feinstein of Engineering Design Assoc. on behalf of Marriott Courtyard for property located on lot 17 CMN Business Park. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1 .95 acres. The request is to vacate a 15' water and sewer easement and also a portion of a 20' general utility easement on lot 17 of CMN Business Park Phase I. VAC O1-7.00: Vacation (Greg Brockman, pp 286) was submitted by Greg Brockman for property located at 2483-2485 Jeremiah. The property is zoned R-2. Medium Density Residential and contains approximately 0. 12 acres. The request is to.vacate_a portion of the utility .easement located along the front property line adjacent to Jeremiah Court Estes: The next item of business to come before your Commission is the Consent Agenda. Vacation 01 -6.00 for Marriott Courtyard submitted by Andy Feinstein of Engineering Design Assoc. on behalf of Marriott Courtyard for property located on lot 17 CMN Business Park. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1 .95 acres. The request is to vacate a 15' water and sewer easement and also a portion of a 20' general utility easement on lot 17 of CMN Business Park Phase 1. The second item on the consent agenda is also a Vacation request submitted by Greg Brockman for property located at 2483-2485 Jeremiah. The property is zoned R-2. Medium Density Residential and contains approximately 0. 12 acres. The request is to vacate a portion of the utility easement located along the front property line adjacent to Jeremiah Court. Either one of these items that are on the consent agenda may be pulled by any member of the Commission or by anyone in attendance in the audience this evening. Does anyone wish to pull either of these two items from the Consent Agenda? Seeing that no one desires to pull these items, would you call the roll Sheri? ROLL CALL: Upon roll call the Consent Agenda is approved by a vote of 7-0-0. a VA 01-07. 00I Page 1 PC Meeting of 13 Aug. 01 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Easement Vacation 113 W. Mountain St. Brock's Incorporated Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer DATE: August 9, 2001 F C Project: VA 01-07.00: Vacation (Brock's Incorporated, pp 286) was submitted by Greg Brockman of Brock's , Inc . for property located at 2483-2485 Jeremiah Place, Lot 7 , Coyote Trail Subdivision. The request is to vacate a portion of a 25 'wide utility easement adjacent to Jeremiah Place as shown and described on the attached maps and legal descriptions . The requested easement vacation is due to an error in drafting which caused the duplex to be constructed within the existing 25 'utility easement and required front yard. The Board of Adjustment, at the July 2, 2001 meeting approved a variance for the portion of the building located within the 25 ' required front building setback contingent upon the approval of a vacation of the encroached area of the easement. Only the portion of the easement in which the building encroachment has occurred is being requested to be vacated . There are no existing utilities located within this portion of the easement. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric - No objections . Southwestern Electric Power Company - Not Applicable. Arkansas Western Gas - No objections . SW Bell - No objections . Cox Communications - No objections. City of Fayetteville : Water/Sewer - No objections provided that the vacation is only for the area of the building footprint including eaves , foundations , and all visible structure. Street Department - No objections . Solid Waste - No objections . Recommendation: Approval of the proposed easement vacation. • 0 VA 01-07. 00 Page 2 PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date: / / PLW- SURVEY OR BROCK 'S Inc. RECEIVED stir, 0 6 2001 Or*• m• PLANNING DIV. LrGfMO '� • • �� PROPERrT LINE LOT 7 O FOI IRON PIN • SET IRON PIN COYOTE TRAIL —'—x— PENrE SUED. IS 87003 '18 '•E 100.64 ' yaj �.... Sa•�.J. LTPTr LCT ,'- ?y_�1—] ! p� 9U UT � xs • oLSGrerc.e "I UTILITY FSYT. ' j O� �.6 / ENCR04cnNEei �'YO � 24BS JEFEl4AN_ ft. � . . • I \. r W _... . ._ r_._ 01 2STORY FRANE .. E1 ^ w/DN rk to code�N (` F L NI z - 2483 JERFJUaN u •\• I � nJ;> 28 . 55 ' I; �1 , : n 9• 61LOG 1. A/C \ l ;. t dm.m .� 1 areaBe - — I c O In I N8 OD 188 W�� 10.,— 1 zs _ 100.0 " -r— - � i LEGAL DESCRIPTION li c3 S Iz W Lot Numbered Seven (7) of the Coyote Trail Subdivision, City of Fayetteville, Arkansas, as per plat of said Addition on file in the Office of the FLOOD CERTIFICATION: The Circuit Clerk and Ex-Officlo Recorder, Washington herein described tract is in a GawiW, Arkansas. non-Flooded area and not within the 100 year good LEGAL DESCRIPTION plain. Per FIRM Map No. BUILDING SET-BACK d UTILITY EASEMENT 05143C 0085C, dated 9.18-91. ENCROACHMENT A part of Lot Numbered seven (7) of the Coyote Trail SURVEYOR'S CERTIFICATION: I hereby Subdivision, City of Fayetteville, Arkansas, being more certify that I have surveyed the herein Particularly described as follows: described tract and that the property Beginning at a point that Is N87°03118"W 33.1 feet and lines and comer monuments are, to the S3'10'W 15.4 feet from the Northeast comer of said Lot 7, best of my knowledge and ability, said point of beginning being the Northeast corner of the correctly established as shown. Also, any encroaching duplex, and running thence Southerly along easements and/or encroachments the East side of said duplex the following: S3'10'W 9.0 feet, revealed by r id a R y ar shown S86'60'E 4.7 feet, S3°10'W 37.5 feet. N86050'W 2.4 feet to the hereon. 25 foot building set-back and utility easement line; thence "ti Lvti leaving said East side and running Northeriy 46.7 feet along WILLIAM C. JEf KINS S No. 688 AR a curve to the right (Delta 36017'12", Radius 75 feet) along said building set-back and utility easement line to the North REVI SED : 8/3 /01 REVISEOP 2r/OI side of said duplex; thence leaving said building set-back � DATE: 5/14/01 line and running S861 1.85 feet to the point of beginning, containing 0.0065 acme, more or less. 15W CEoAe Sr. 6M1rN Br W CJ FATE11EPILLE AA 72703 FIE19 80010 8q 2 15011 521-5231 .M 01 - 89 uac01-07.00 BROCKMAN Close Up View t j r i i of I I I ' is o al 1 � I F I I O I I R- 1 1 O 1 i i U1 LU 1 " 1 l 1' I w= A- 1 — LORI DR LORI DR Hit ir -- } 1 i 1 ----------------_____ -.__. _MOORE LN _ _� ' Subject Property i 4 it 1 f I f f• �1 A-1 ZI O 01 0; R-2 LU ZI w I Q OIl � ! 1 Iw 1 u I IIr fr I i I I i 1 1 Overview Legend - Subject Property Boundary Master Street Plan VAC01-07.00 „ Planning Area Freeway/Expresw � Streets okay District Principal Arterial p1 r� I 0000 1 +^• - I City •�I Limits rd Minor Arterial a 5 X70 "\_i Existing L _ _ tr _ PlannedI Outside City Historic Collector �d L • ��e Historic Collector o zs w too 1W xoo Fee