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Home My WebLink AboutOrdinance 4405 ORDINANCE NO, 4405 AN ORDINANCE APPROVING VA02-4.00 TO VACATE AND ABANDON AN .05 ACRE UTILITY EASEMENT ON THE WEST SIDE OF 925 ROCKWOOD TRAIL, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 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 N m filed in the office of the Recorder of the County and recorded in the Deed Records oFlfle CotTgy. U'> C) i 0 PASSED and APPROVED this 2nd day of July, 2002 . y o CO � - XP m cn C:u t.0 o APPROVED: - r :10 $ F O T ' By: i DAN COOD , May(!) ay r • B x � ` Z 144 • fj6aTk-e*WJd4Puff, City Cler 20 ,021: 71 385 • • Ord . .4405 EXHIBIT "A" A TEN FOOT UTILITY EASEMENT WITHIN A VACATED ALLEY LYING ALONG THE WESTERLY BONDARIES OF LOTS 3 AND 8 IN BLOCK 5 OF THE MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SAID ALLEY HAVING BEEN ABANDONED BY THE CITY OF FAYETTEVILLE, ARKANSAS, AS REFERENECED BY ORDINANCE 3429, FILED IN DEED BOOK 1333 , PAGE 004. 200211 ill S6 Ue h ashlngto�s' Circuit Clerk and Ex at thls WdWted ihe, an Was Al dnstrurn ktorsas, O hereby Re"', rr n Re�rd e8mn �damentt ma,,Page as �nowdulyyrecorded hand andlN wa� ed 17-NE WHERFC� .ndlc'�d then' n cat ed her the seal of said Corn` he•eun;, Sey m . on t. .a 'Jae mul- m - it K and EX-o1F,cin Re�o,d„r 0 ! NAME OF FILE: Ordinance No. 4405 CROSS REFERENCE: 07/02/02 Ordinance No. 4405 06/06/02 Memo to Fayetteville Planning Commission Members thm Tim Conklin, City Planner, from Ron Petrie, Staff Engineer 07/02/02 Staff Review Form 07/05/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO, AN ORDINANCE APPROVING VA02-4.00 TO VACATE AND ABANDON AN .05 ACRE UTILITY EASEMENT ON THE WEST SIDE OF 925 ROCKWOOD TRAIL, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 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 day of 2002. APPROVED: P-0 By ATTEST: Dan Coody, Mayor RPF O By Heather Woodruff, City Clerk EXHIBIT '$A" A TEN FOOT UTILITY EASEMENT WITHIN A VACATED ALLEY LYING ALONG THE WESTERLY BONDARIES OF LOTS 3 AND 8 IN BLOCK 5 OF THE MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SAID ALLEY HAVING BEEN ABANDONED BY THE CITY OF FAYETTEVILLE, ARKANSAS, AS REFERENECED BY ORDINANCE 3429, FILED IN DEED BOOK 1333 , PAGE 004. ORDINANCE NO, AN ORDINANCE APPROVING VA02-4.00 TO VACATE AND ABANDON AN .05 ACRE UTILITY EASEMENT ON THE WEST SIDE OF 925 ROCKWOOD TRAIL, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 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 day of 52002. APPROVED: D^K -0 By Dan Coody, Mayor PFS ATTEST: O� By Heather Woodruff, City Clerk EXHIBIT "A" A TEN FOOT UTILITY EASEMENT WITHIN A VACATED ALLEY LYING ALONG THE WESTERLY BONDARIES OF LOTS 3 AND 8 IN BLOCK 5 OF THE MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SAID ALLEY HAVING BEEN ABANDONED BY THE CITY OF FAYETTEVILLE, ARKANSAS, AS REFERENECED BY ORDINANCE 342% FILED IN DEED BOOK 13333 PAGE 004. p VAC 01-4 Page I PC Meeting of June 10, 2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Utility Easement Vacation 113 W. Mountain St. Henry Renegar Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer DATE: June 6, 2002 Project: VA 02-4.00: Vacation (Renegar, pp 447) was submitted by Henry Renegar for property located at 925 Rockwood Trail. The property is zoned R- 1 , Low Density Residential and contains approximately 0.05 acres. The request is to vacate a ten ( 10) foot wide utility easement. Findings: On June 6, 1989, the City Council approved a right-of-way vacation in this area with the exception of the ten (10) foot utility easement (Ordinance /1 3429). There are no existing water or sewer lines located within the utility easement. The applicant has submitted the required notification forms to the utility companies and to the City . The results are as follows : Ozarks Electric - Not applicable . Southwestern Electric Power Company -Not applicable Arkansas Western Gas - Not applicable SW Bell - Not applicable Cox Communications -Not applicable City of Fayetteville : Water/Sewer - Not Applicable Street Department - Not applicable Solid Waste - Not applicable Recommendation: Approval of utility easement vacation. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: June 10, 2002 40 0 Description of Request It is desired to have the City of Fayetteville, Arkansas vacate the easement within the previously vacated alley lying along the westerly boundary of my family ' s property located at 925 Rockwood Trail. The alley is bordered on the cast by Lots 3 and 8 in Block 5 of the Mountain View Addition and bordered on the west by lots 4,5,6, and 7 also in Block 5. Lots 3 and 8 are owned by myself, Henry Renegar, and my wife, Jefferie Renegar. Lots 4,5,6, and 7 are owned by George Rogers, our next-door neighbor. We intend to use an 18 inch strip of the alley for part of the home addition that we are building onto our current residence at 925 Rockwood Trail. VACO2=Koo RENEGAR Close Up View I sl I I I I I ? 1J I ! I I I I I � — — - - L -- ` - - - - - -" — I I I I I I I I I I I I I I ' -- -�— I I I I I I I I I I I 9#*goose sggg� Id RE9ECCA ST R 1 R-1 -- _. Si rq•1f? I I II I I I t - - __ - --- - - - _- .- - - - awe ..y. t Q' 1 Overview Legend Boundary - - '- - Subject PropertyMaster Street Plan — ' - - %.e Planning Area ® VACO2-00.00 cp000% � Freeway/Expressway �--I 0 Overlay District GY0008 _ Streets L _ I City Limits rw`► Principal Arterial Outside Ci v Minor Arterial Existing b I ♦ Collector - - - . 414h\ Planned ea•so Igstoric Collector 0 37.5 75 150 225 300 WasessessagFeel M � VACO2mN RENEGAR One Mile View t' J7 R' 1zi _� \ I f TRO"�=Z ,�h !ICI H[IIAT '�� I /` >r I Ir Y Rlr yP°Pua sr y1 INI�I!r„I11 r. -' II= _ -1 Ilkil l-7 f�ltkt th -J a-r f rlIrt).�II 1!i i I � R � �eek Da- I'lr 1a ..'y t P r dr IH1 1 J� t t Ia.0 � II iI •IR f 3 J _ S yi` I N7L mILP Pt Ik F IIw R �� Ivae�- -a. tLsZ '� a5?� r � r- .1 • x C4 4cz . VE]T{ nsH ' _� i n. I •.. ..T- j. Rrt ! _ j J E ns; g � 'aJf�in •ti� c"JRT: I L,yeRumi _ f _ 1 . ..� • �� r° xl'Ylxll - !Yip ((r� aN- R-J 1 `p T7 r_" —L >_1 °I IC-2 i'Vrl +I f z,ra R./ • 1LI Tuf"I ! 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Mountain St. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer DATE: June 6, 2002 BACKGROUND Utility Easement Vacation Henry Renegar VA 02-4.00: Vacation was submitted by Henry Renegar for property located at 925 Rockwood Trail. The property is zoned R-1, Low Density Residential and contains approximately 0.05 acres. The request is to vacate a ten (10) foot wide utility easement. On June 6, 1989, the City Council approved a right-of-way vacation in this area with the exception of the ten (10) foot utility easement (Ordinance # 3429). There are no existing water or sewer lines located within the utility easement. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric - Not applicable. Southwestern Electric Power Company -Not applicable Arkansas Western Gas - Not applicable SW Bell - Not applicable Cox Communications -Not applicable City of Fayetteville: Water/Sewer - Not Applicable Street Department - Not applicable Solid Waste - Not applicable CURRENT STATUS The Planning Commission voted 8-0-0 to recommend approval of the utility easement vacation to the City Council. RECOMMENDATION Staff and the Planning Commission recommend approval of the vacation. Virginia May 927 Rockwood Trail Fayetteville, AR 72701 George Rogers 700 Vinson Fayetteville, AR 72701 Kathleen M. Thompson 608 Rocicdrff Rd. Fayetteville, AR 72701 0 STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of July 2, 2002. FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED: To approve an ordinance for VA 02-4 as submitted by Henry Renegar for property located at 925 Rockwood Trail, Fayetteville, Arkansas. The request is to vacate a 10' wide utility easement, as shown and described on the attached map and legal description. COST TO CITY: S0 Cost of this request Category/Project Budget Category/Project Name Funds used to date Program Name Account Number Remaining balance Fund Project Number BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: 2Ac e6b�ntii ng Manager Date ADA Coordinator Date /-C- (L( -QL ciflttorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and on June 10, 2002 the Planning Commission voted 8-0-0 to recommend the vacation be approved by the City Council. Cross Reference Div'�'on a e De ar t Direct Date New Item: Yes No AdrnirMtrati� Services Date Prev Ord/Res#: Dir t r Ma o D to Orig Contract Date: 0) &NL65 j_ CoN S(4t �-- 0 STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of July 2, 2002. Tim Conklin Planning Urban Development Name uivision uepartment ACTION REQUESTED: To approve an ordinance for VA 02-4 as submitted by Henry Renegar for property located at 925 Rockwood Trail, Fayetteville, Arkansas. The request is to vacate a 10' wide utility easement, as shown and described on the attached map and legal description. COST TO CITY: $0 Cost of this request Category/Project Budget Category/Project Name Account Number Funds used to date Program Name ect Number Remaining balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and on June 10, 2002 the Planning Commission voted 8-0-0 to recommend the vacation be approved by the City Council. Cross Reference Head Date Department Director Date New Item: Yes No Administrative Services Date Prev Ord/Res#: Director Mayor Date Orig Contract Date: FAYETTEV1LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, City Planner From: Heather Woodruff, City Clerk Date: July 5, 2002 Please find attached a copy of Ordinance No. 4405 approving VA 02-4.00 to vacate and abandon an .05 acre utility easement on the west side of 925 Rockwood Trail, City of Fayetteville, Arkansas. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 City #[ndex Fayetteville 7/09/2002 Update Maintenance 7:17:28 Document iteAction Reference Date Ref. Taken Brief Description ORD 7022002 4405 va02-4.00/925 ROCKWOOD TRAIL Enter Keywords........: ORE. 4405 VA02-4.00 VACATE ABANDON .05 ACRE UTILITY EASEMENT 925 ROCKWOOD TRAIL File Reference #......: Security class........: Expiration Date.......: Date for cont/Referred: Name Referred to......: MICROFILM Retention Type: **** Active **** Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp.