HomeMy WebLinkAboutOrdinance 4451 4451
ORDINANCE NO.
AN ORDINANCE APPROVING VA02- 15 .00 TO VACATE AND
ABANDON A SECTION OF UTILITY EASEMENT LOCATED
AT 2309 GOLDEN OAKS DRIVE, 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 the 171h day of December, 2002.
' APPROVED:
I Co::
. 10 VV. By:
,° DAN COODY, Mayo
AT-rkt t
By. IIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllll
Bather Woodruff, City
CYA
Doc ID : 004486390002 Tvice : REL
Recorded : 04/15/2003 at 01 : 34 : 39 Ph
Fee Amt : $11 . 00 Pace 1 of 2
Mashlnoton County . AR
Bette Stamoe circuit Clerk
F11e2003-00021991
' 4451
EXHIBIT "A"
VAC 02-15.00
A PART OF LOT SIX (6), BLOCK SIXTEEN ( 16) OF THE FINAL PLAT OF PHASE TWO (2),
EAST OAKS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT
OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID
LOT SIX (6), SAID POINT BEING AN EXISTING IRON; THENCE N00° 16'59"W ALONG
THE EAST LINE OF SAID LOT SIX (6) 25 .00 FEET TO THE NORTH LINE OF A UTILITY
EASEMENT WHICH IS TWENTY-FIVE (25) FEET IN WIDTH; THENCE N89°55 '2811W
ALONG THE NORTH LINE OF SAID UTILITY EASEMENT 12.57 FEET TO THE
PROPOSED EAST WALL OF A HOME ADDITION FOR THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID UTILITY
EASEMENT, N89055 '289'W 17.60 FEET TO THE PROPOSED WEST WALL OF SAID HOME
ADDITION; THENCE LEAVING THE NORTH LINE OF SAID UTILITY EASEMENT
S0001812515E 4.36 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED HOME
ADDITION; THENCE N89°41 '35"E 17.60 FEET TO THE SOUTHEAST CORNER OF SAID
PROPOSED HOME ADDITION; THENCE N00° 18 '25"W 4.24 FEET TO THE POINT OF
BEGINNING, CONTAINING 75 .7 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
04/15/2003 01 :34:39 PM
and recorded in Real Estate
File Number 2003-00021991
Bette StampCi uit Clerk
by
NAME OF FILE : Ordinance No. 4451
CROSS REFERENCE:
Item # Date Document
1 12/17/02 10rd. 4451 w/Ex. A
2 12/02/02 Staff Review Form w/attachments:
draft ordinance
11/20/02 memo to Planning Commission
10/21 /02 letter to city
copy of Petition to Vacate
Summary Trip Generation
VAC 02-15.00 copy of close up view
copy of metes & bounds
copy of Planning Commission minutes
3 12/26/02 memo to Tim Conklin
4 01 /03/03 Affidavit of Publication
NOTES :
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of December 17 , 2002 .
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for VA 02 - 15 . 00 as submitted by Ross
Mallioux for property located at 2309 Golden Oaks Drive . The property is zoned
R- 1 , Low Density Residential and contains approximately 0 . 30 acres . The request
is to vacate part of a utility easement ( 75 . 7 sq . ft . ) .
COST TO CITY :
$ 0
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 :
Accounting Man ger D to ADA Coordinator Date
n � ► � e _ ti ov
City Attorney D to Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on November 25 , 2002 the
Planning Commission voted 6- 0-0 to recommend the vacation be approved by the City
Council .
� /J
A) rC—. /t h7/QZ Cross Reference
Division Head Date
De a t nt irector Xe
New Item : Yes No
i st rative Services Prev
Ord/Res# :
Dire gX ��u�`
Mayor G� D td e� Orig Contract Date :
ORDINANCE NO.
AN ORDINANCE APPROVING VA02- 15 .00 TO VACATE AND ABANDON
A SECTION OF UTILITY EASEMENT LOCATED AT 2309 GOLDEN OAKS
DRIVE, 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:
By
Dan Cood
ATTEST:
By OO
Heather Woodr f, City Clerk
EXHIBIT "A"
VAC 02-15.00
A PART OF LOT SIX (6), BLOCK SIXTEEN (16) OF THE FINAL PLAT OF PHASE TWO (2),
EAST OAKS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT
OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID
LOT SIX (6), SAID POINT BEING AN EXISTING IRON; THENCE N00° 16' 59"W ALONG
THE EAST LINE OF SAID LOT SIX (6) 25 .00 FEET TO THE NORTH LINE OF A UTILITY
EASEMENT WHICH IS TWENTY-FIVE (25) FEET IN WIDTH; THENCE N89°55 '28"W
ALONG THE NORTH LINE OF SAID UTILITY EASEMENT 12.57 FEET TO THE
PROPOSED EAST WALL OF A HOME ADDITION FOR THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID UTILITY
EASEMENT, N89055 '28"W 17.60 FEET TO THE PROPOSED WEST WALL OF SAID HOME
ADDITION; THENCE LEAVING THE NORTH LINE OF SAID UTILITY EASEMENT
S00018'2535E 4.36 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED HOME
ADDITION; THENCE N89°41 '35"E 17.60 FEET TO THE SOUTHEAST CORNER OF SAID
PROPOSED HOME ADDITION; THENCE N00° 18 '25"W 4.24 FEET TO THE POINT OF
BEGINNING, CONTAINING 75.7 SQUARE FEET, MORE OR LESS.
• • • VAC 02-16.00
Page I
PC Meeting of November 25. 2002
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Mallioux Easement Vacation
113 W. Mountain St.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner, A.LC.P.
FROM: Sara Edwards, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: November 20, 2002
Project: VAC 02-15.00: Vacation (Mallioux, pp 332) was submitted by Ross Mallioux for
property located at 2309 Golden Oaks Drive. The property is zoned R- 1 , Low Density Residential
and contains approximately 0.30 acres. The request is to vacate part of a utility easement (75.7
sq.ft.).
Description: The property is located at lot 6, Block 16 of Phase 11, East Oaks Addition. See the
attached maps and legal descriptions for the exact locations of the requested easement vacation.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
Ozarks Electric — NA
Southwestern Electric Power Company - No Objections
Arkansas Western Gas — No Objections
SW Bell — No Objections
Cox Communications - No Objections — "Any damage or relocation of existing facilities will be
at the owner' s expense."
City of Fayetteville:
Water/Sewer — No Objections
Street Department - No Objections
Solid Waste - No Objections
Engineering — No objections.
Recommendation: Approval of the proposed easement vacation 02-16.00.
. • • • VAC 02-16.00
Page 2
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date:
Comments•
CITY COUNCIL ACTION: ves Required
Approved Denied
Date: / /
Ross Mallioux OCT __ 2
PLANNING D V.
October 21, 2002
i
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
RE: 2309 Golden Oaks Drive
Gentlemen:
Please find enclosed a City of Fayetteville, Arkansas Right-of-Way, Easement or Alley Vacation
request form for my property located at 2309 Golden Oaks Drive. Also enclosed is a check in the
amount of $200 for the vacation fee, the legal description of the area to be vacated, two sets of
mailing labels for adjacent property owners, a copy of the plat of my property, a petition to vacate
easement, comment forms of owners of property adjacent to easement to be vacated, and
approvals from all utility companies concerning the easement to be vacated.
As noted on the enclosed survey drawing of my residence, we would like to construct an addition
to our home. This addition extends four feet into the 25-foot utility easement. However, as you
can see on the drawing, this four-foot extension does not come close to any of the existing utility
lines which were located by Arkansas One-Call. Additionally, there is approximately 100 feet of
"green space" to the rear/south of our property that cannot be sold/developed, thus plenty of room
for access to/for utility lines, and therefore, there is no adjacent property owner to the rear. I am
requesting that this four-foot section of the easement be vacated.
Please call me at 571-2000 if you have any questions with this regard. If approved, please return
to me at the following address:
Ross Mallioux
C/O Beth Spencer
First Federal Bank of Arkansas, FA
P. O. Box 1545
Fayetteville, AR 72702-1545
Thank you for your assistance in this matter.
Sincerely yours, �
*4zz
Ross Mallioux
Enclosures
2309 GOLDEN OAKS • FAYETTEVILLE ARKANSAS 72703
PHONE : 501 443 1955 • FAX : 501 442 6359
PETITION
PETITION TO VACATE AN EASEMENT LOCATED IN LOT 006, BLOCK 016, EAST
OAKS PHASE II 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 006, Block 016, East Oaks Phase II
Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an
easement which is described as follows:
(See Addendum A)
That the abutting real estate affected by said abandonment of the alley are Lot 005, Block 016,
East Oaks Phase II Subdivision and Lot 007, Block 016, East Oaks Phase II Subdivision, 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 above
described real estate, subject, however, to the existing utility easements and sewer easements as
required, and that the above described real estate be used for their respective benefit and purpose
as now approved by law.
The petitioners further pray that the above 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 easement.
Dated this 2 day of' ^ 0413zrt 2002.
printed name � (
signature
printed name
signature
Addendum A � •
P_ROPOSFD EOMEADDIT70NENCR0ACHIIWNTDESCBIPTI0N
A PART OF LOT SIX (6). BLOCK SDMENI (16) OF THE FINAL PLAT OF
PHASE TWO (2), EAST OAKS ADDITION TO THE CITY OF
FAYETI'EVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE
IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER
OF WASONGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID LOT SIX (6� SAID POINT BEING AN EXLSTING IRON;
THENCE N0061W59"W ALONG THE EAST LINE OF SAID LOT SOX (6) 25.00
FEET TO THE NORTH LW OF A UTILITY EASEMENT WHICH IS
TWENTY-FIVE (25) FEET IN WIDTH; THENCE N89055'28"W ALONG THE
NORTH LINE OF SAID UTILITY EASEMENT 12.57 FLET TO THE
PROPOSED EAST WALL OF A HOME ADDITION FOR THE TRUE POINT
OF BEGINNING; THENCE CONTDMING ALONG THE NORTH LINE OF
SAID U rUffrY EASEMENT, N890SP28"W 17.60 FEET TO THE PROPOSED
WEST WALL OF SAID HOME ADDITION; THENCE LEAVING THE NORTH
LINE OF SAID UTIIITY F1T S00°18'2SS 4.36 FEET TO THE
SOUTHWEST CORNER OF SAID PROPOSED HOME ADDITION; THENCE
N&V41135"E . 17.60 FEET TO THE SOUTHEAST CORNER OF SAID
PROPOSED HOME ADDITION; THENCE N00018025"W 424 FEET TO TIM
.-II bNT`OF BWD4N NG -CONTAINING 75.7 SQUARE FEET, MORE OR
4, 01 L ,
.. i iSti .•.. x
-
VACO2-15.00
Close Up View
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Overview
Legend
Subject Property
VACO2-15.00
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TELEPHONE PEDESTAL
LOT NUMBERED SIX (6) IN BLOCK NUMBERED SIXTEEN (16)
+
COMPUTED CORNER
OF THE FINAL PLAT OF PHASE TWO (2), EAST OAKS ADDITION
®
CABLE TV BOX
TO THE crry OF FAYETTEVILLE, ARKANSAS; AS PER PLAT OF •
�
IRON PIN FOUND
SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK
.
AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS.
I
GAS METER
—E—E—
ELECTRIC LINE
N --N--
FENCE
OWNER: ROSS MALWOUX —G—G—
GAS LINE
—T—T—
TELEPHONE LINE
ADDRESS: 2309 GOLDEN OAKS DRIVE
FAYbI TEVILLE, ARKANSAS . - 0'
20'
40'. 60'
ROSS MALLIOUX
DRAWN DATE ALAN Rim & ASSOC.
JCC 08/19/02 118 S. COLLECN An..
APPROVED DATE. PAYETT8VILL8, AR.
479-444-8784
SCALE SHEET PROJECT NO.
1' - 20' loft 02343
Planning Commission • •
November 25, 2002
Page 3
Aviles: Welcome to the November 25, 2002 meeting of your Fayetteville Planning
Commission. The first item of business is to call the roll. Renee, would you call
the roll please?
Roll Call: Upon the completion
of roll
call
there were eight Commissioners present with
Commissioner Ostner
arriving
at 5:40
p.m.
Aviles: The next item of business is approval of the minutes for the November 12, 2002
meeting. Do I hear a motion?
Shackelford: So moved.
Allen: Second.
Aviles: Renee, would you call the roll please?
Roll Call: Upon the
completion of roll
call the motion to
approve the minutes of the
November
12, 2002 meeting was
approved by a vote
of 8-0-0.
VAC 02-15.00: Vacation (Mallioux, pp 332) was submitted by Ross Mallioux for property
located at 2309 Golden Oaks Drive. The property is zoned R-1, Low Density Residential and
contains approximately 0.30 acres. The request is to vacate part of a utility easement (75.7 sq.ft.).
Aviles: The next item on the agenda is the consent agenda for VAC 02-15.00 which was
submitted by Ross Mallioux for property located at 2309 Golden Oaks Drive. The
property is zoned R-1, Low Density Residential and contains approximately .30
acres. The request is to vacate a part of the utility easement which is 75.7 sq.ft. Is
there any member of the Planning Commission that would wish to remove this from
the consent agenda or any member of the audience? Seeing none, I will go ahead
and move for approval of the consent agenda, do I have a second?
Shackelford: I will second.
Aviles: Renee, would you call the roll please?
Roll Call: Upon
the completion of
roll
call the motion to recommend approval of VAC 02-
15.00
to the City Council
was
approved by a vote of 8-0-0.
Aviles: Thanks Renee.
rmtI i UHILMED
AFFIDAVIT OF PUBLICATION
I, OTC x //.1/ o /U///%/6 7// ,do solemnly swear that I am
Legal Clerk of the Arkansas Democrat -Gazette newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, the advertisement of:
f�� was inserted in the regular editions on
** Publication Charge: $ // 96
Subscribed
3
and sworn to before me this
jal IY MAC..
Notary Pu Tic
day of )06i2.3
ORDINANCE APPROVING VA02.15.00 TO VACATE AND
ANDON A SECTION OF UTILITY EASEMENT LOCATED. AT
09 GOLDEN OAKS DRIVE, CITY OF FAYETTE 1LLE,
KANSAS, AS SHOWN ON THE ATTACHED MAP AND
3AL DESCRIPTION city of V, Fcayeitevlfle L.
WHEREAS, the City Council tres the authority under A.C.A.
-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes,
Notary VILK ^ ._
WASHING E NIFC0U1-O5 2011
•• I�°aYS MI55 )Q
rom Affida
An invoice will be sent.
RECEIVED
JAN 0 6 2003
CnY OF FAYETTEVILLE
CITY CLERK'S OFFICE
the Oty Coa,dl has determined that the following described Wsty easement is rat
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYEFTEMLLE.
2. That a c py of Ws Ordhw,ce duly catiferl by the City Clark ahal be flied I, the omca of the
r of 1M Canty and recorded hi the Deed Retards of the Canty.
and APPROVED UYs the 17th day of December, 2002.
TO THE
N00'18'59'W ALONG THE EAST UNE OF SAID LOT SIX (6) 25.00 FEET TO THE NORTH
UTILTIY EASEMENT WHICH IS TWENTY-FIVE (25) FEET IN WIDTH; THENCE N89'5528
THE NORTH UNE OF SAID UTILITY EASEMENT 12.57 FEET TO THE PROPOSED EAST
HOME ADDITION FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING A
NORTH UNE OF SAID UTILITY EASEMENT, N89m5528-W 17.60 FEET TO THE PROPC
WALL OF SAID HOME ADDITION; THENCE LEAVING THE NORTH UNE OF SAID UTILITY
S00°18'25 -E 4.35 FEET TO THE SOUTHWEST CORNER OF SAD PROPOSED HOME
THENCE N89°4135'E 17.60 FEET TO THE SOUTHEAST CORNER OF SAID PROPOI
ADDITION; THENCE N00'18'25W 4.24 FEET TO THQ POINT OF BEGINNING, CONTA
T,CUARE FEET. MORE OR LESS. I
212 NORTH EAST AVENUE • P.O. BOX 1607 •
EVILLE, ARKANSAS 72702 • (501) 442-1700
FAYETTEVI L LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin
Planning
From: Heather Woodruff, City Clerk
Date: December 26, 2002
Attached is a copy of Ordinance 4451 approving VA02-15.00 to vacate and
abandon a section of utility easement located at 2309 Golden Oaks Drive, City of
Fayetteville, Arkansas, as shown on the attached map and legal description.
The original ordinance will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering