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Home My WebLink AboutOrdinance 4481 ORDINANCE NO. 4481 AN ORDINANCE APPROVING VAC 03-6.00 TO VACATE AND ABANDON A 43 .7 SQ.FT. PORTION OF THE UTILITY EASEMENT LOCATED ALONG THE SOUTH PROPERTY LINE OF 2541 LITCHFIELD LANE AS DEPICTED 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 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 this Vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendation as described in Exhibit `B" attached hereto and made a part hereof. Section 3 . 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 6`" day of May, 2003 . Fp , EtlE APPROVED: By: DAN COODY Mayor Inp v „ ATT ST: By: &d4ees� 4 II'' Sondra Smith, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIuIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID : 00467$720002 TVDe : REL Recorded : 05/18/2003 at 02 : 34 : 35 PM Fee Amt : $11 . 00 Pace 1 of 2 Washlnoton Countv . AR Bette $tamDe Circuit Clerk F11e2003-00027522 EXHIBIT "A" VAC 03-6.00 A PART OF LOT 107, COVINGTON PARK PHASE II, A SUBDIVSION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 16, AT PAGE 68, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 107, SAID POINT BEING AN EXISTING IRON PIN; THENCE WEST 70.36 FEET ALONG THE SOUTH LINE OF SAID LOT 107, NORTH 8.55 FEET TO THE SOUTHWEST CORNER OF THE EAVE OF AN EXISTING HOUSE; THENCE N89DEGREES56 '41 "E ALONG THE SOUTHERN MOST EAVE OF SAID HOUSE 30.35 FEET TO THE SOUTHEAST CORNER OF SAID EAVE; THENCE NOODEGREES09'41 "E ALONG THE EAST EAVE OF SAID HOUSE 1 .43 FEET TO A POINT ON THE NORTH LINE OF A TEN ( 10) FOOT UTILITY EASEMENT WHICH LIES NORTH OF AND IS ADJACENT TO AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 107; THENCE LEAVING SAID HOUSE EAVE, WEST ALONG THE NORTH LINE OF SAID TEN ( 10) FOOT UTILITY EASEMENT 27.35 FEET TO A POINT ON THE WEST EAVE OF SAID HOUSE, THENCE LEAVING THE NORTH LINE OF SAID TEN ( 10) FOOT UTILITY EASEMENT SOODEGREESS001163E 1 .45 FEET TO THE POINT OF BEGINNING, CONTAINING 43 .7 SQUARE FEET MORE OR LESS. Washington County, AR I certify this instrument was filed on 05/19/2003 02:34:35 PM and recorded in Real Estate File Number 2003-00027522 Bette S amps - Circuit Clerk by v NAME OF FILE: Ord. No. 4481 CROSS REFERENCE: Item # Date Document 1 05/06/03 Ord. No. 4481 2 03/22/03 Staff Review Form w/attachments: draft ordinance memo to mayor/city council memo to planning commission copy of Close up View copy of One Mile View 3 05/12/03 memo to Dawn Warrick 4 05/15/03 Affidavit of Publication NOTES: 5/19/2003 Filed @ Wash . Co. Courthouse NORTI#VEST ARKANSA N EDITION Arra mas Democrat 7005gizette AFFIDAVIT OF PUBLICATION I , Ldo solemnly swear that I am Leg I 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: 61,2 z4,1w) �� was inserted in the regular editions on ** Publication Charge : $ (?L Subscribed and swom to before me this / 5 day of 2003. C2wL Notary Public My Commissio area—rs�1 TAMMY ALLEN Notary Public-Arkansas " Please do no p r y Cs 1 ; mmisswn ExpiUNTY res 11 -05-2011 An invoice wil RECEIVED MAY 19 2003 CITY OF Y �TE VILLE Cm/ CLERICS FFI E 212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700 -- ----- -- -- - ORDINANCE NO. 4481 -- � - - -- -- AN ORDINANCE AR B 00 TO VACATE AND ABANDON A 43.7 So Fr PORTION OF THE 11 GATE EASEMENT LOCATED ALONG THE SOUTH PROPERTY - LINE OF 2541 LITCHFIELD LANE AS BEPICTEp ON THE ATTACHED MAP AND LEGAL DESCRIPTION, ny��lyr- �'/ S10 y`LCiy Counctl has one aulhorltY under A.CA. §14- I "f F 'ie Pubo grunts a Forbore Iheraol v.Tioh are not required for Corporate Purposes, and WHEREAS, the Cay. COuiul hes tletemYned Ihet the I Corporate purposes. WOMrg desuioso essemont is not roomed b NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SOCllon 1. That the City Of Faye teriee, ArKereas hereby vacates end Bbentlana qty o/ its hb t v4th the rights of Ura PUAIiC generasy, h and to Ura IMOMV desulbeC utllity easement: OBeiher See E)hbit "A' atteCred hareto end merle a part horsOf. SOCtiorn 2. and Planning Cot this mmissionndraCommaMatlon sIs e o to the cpntlitions'of aPPro+el Istel In the staff report hereof. tlescdbod in ENlbit 'B.attached hereto and MOO a Part Seaton 3. That a COPY of this Ordinance duty certified by the City Clerk Sheol be fila, in the cmce of the Recorder of the County and reouroetl In the Dead Records of the County. PASSED and APPROVED this the 6M day Of May, 2003, APPROVED: By: DAN GOODY, Mayer ATTEST: By: Santlre Smtth� qty C� E) IBR 'A' VAC 03-6.00 A PARI OF LOT 107. COMNGTON PARK PHASE It, A SUBDMSION TO THE CITY OF FAYETTEVILLE, ASHINSAAT9OU SHOWY ON PLAT OF RECORD IN PLAT BOOK 16. AT PAGE 6B, PLAT RECORDS GF COMMENCING AT THE SOUTHEARKAAST CORNEER EING MORE PARTICULARLY OT 10�SgI�pgNT NG D)B,ST1 G ' IRON PIN; THENCE WEST 70.36 FEET ALONG THE SOUR{ UN- BA SAIDLOT107, NORTH 8.55 FEET TO THE SOUTHWEST CORNER OF THE EAVE OF AN SAID LO HOUSE; THENCE N09DEGREES56141-E ALONG THE SOUTHERN MOST EAVE OF SAID HOUSE 30,35 FEET TO THE I SOUTHEAST 1.43 CORNER OF FEET TO APPOINT ON THE NORTH UNE OTEld D EAVE; THENCE E F A t E ALONG THE EAST EAVE OF f WHICH UES NORTH OF AND S ADJACENT TO AND PARALLEL WITH THE THE SOUTH IN OE TY FFSND LOT 107; THENCE LEAVING SAID HOUSE EAVE, WEST ALONG THE NORTH UNE OF SAID TEN(1%»FOOT I UTLITY. EASEMENT 27.35 FEET TO A PGINT ON THE `fST EAVE OF SAID HOUSE, 1}fENCE FEET TO THE NORM UNEOF TEN(tO) FOOT IJTILTgj4SF1.1EN7 SOOOEGREESSOD.I E1.45 FEET TO THE FOINiOF BEGINNING, CONTAINING 43.7 SOIIARE FEET MORE GRLESS, - -- -� RECEIVED MAY 19 2003 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE FAYETTEVkLE THE CITY Of FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk's Division+ Date: May 12, 2003 Re: Ordinance 4481 Attached hereto is a copy of the above ordinance passed by the City Council, May 6, 2003, approving VAC 03-6.00 to vacate and abandon 43.7 square feet portion of the utility easement located at 2541 Litchfield Lane. The original ordinance will be microfilmed and filed in the city clerk's office. This ordinance will also be filed at the circuit clerk's office at the Washington County Courthouse. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering STAFAVIEW FORM - NON-FINANCIAL OPLIGATION / kb x AGENDA REQUEST For the Fayetteville City Council Meeting of: May 6, 2003 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval SUMMARY EXPLANATION: VAC 03-6.00: Vacation (Allen, pp 295) was submitted by David Mix of Dykes, Bassett, Mix on behalf of Chris Allen for property located at 2541 Litchfield Lane. The property is zoned R- 1 , Low Density Residential and contains approximately 0.27 acres. The request is to vacate a 43 .7 s.f. portion of the utility easement located along the south property line of the subject property for an existing encroaching structure. STAFF RECOMMENDATION: Approval rl l 1A IL SJ t / l % t �� r/, Received in Mayor's Office Division Head lYateO Date ry Z, City Attor ey Date —Ar 03 Cross Reference: Department Director Date ,( Previous Ord/Res#: 7'Z2 � o3 Finance & Internal Services Dir. / / Date Orig. Contract Date: `ltZZ -D6 Orig. Contract Number: Chief[ inistrative Officer Date New Item: Yes No / L Mayor Date ORDINANCE NO. AN ORDINANCE APPROVING VAC 03-6.00 TO VACATE AND ABANDON A 43 .7 SQ.FT. PORTION OF THE UTILITY EASEMENT LOCATED ALONG THE SOUTH PROPERTY LINE OF 2541 LITCHFIELD LANE AS DEPICTED 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.`f Mowing described easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: v« 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,tlu Vacation approval'is subject to`the conditions of approval listed in the staff report and Planning Commission recommendation as described in Exhibit "B" attached hereto and made a part'khereof. Section-3.- , Th�co y of thisOrdinaan) duly certified by the City Clerk shall be filed in the,,office oft`h�e Recorder of the Cou-nYy and recorded in the. Deed Records of the County. ., ASSED AND APTROVED%this' day of 2003. APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 03-6.00 A PART OF LOT 107, COVINGTON PARK PHASE II, A SUBDIVSION TO THE CITY OF FAYETTEVILLE, ARKANSAS; AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 16, AT PAGE 68, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 107, SAID POINT BEING AN EXISTING?IRON PIN; THENCE WEST 70.36 FEET ALONG THE SOUTH LINE OF SAID LOT107, NORTH 8.55 FEET TO THE SOUTHWEST CORNER OF THE EAVE OF AN/EXISTING HOUSE; THENCE N89DEGREES56141 "E ALONG THE SOUTHERN MOSTYEAVB�OF,,'SAID HOUSE 30.35 FEET TO THE SOUTHEAST CORNER OF SAID EAVE; RiENCE�N00DEGREES09'41 "E ALONG THE EAST EAVE OF SAID HOUSE 1 .43 FEET T&A POINT ON-THE NORTH LINE OF A TEN ( 10) FOOT UTILITY EASEMENT WHICH LIES NORTH OF ANDS ADJACENT TO AND PARALLEL WITH THE SOUTH LINE°�OESAID'\LOT 107; THENCE LEAVING �.,. SAID HOUSE EAVE, WEST ALONG THE NORTH'LINE OYSAID TEN (10) F,,OOT UTILITY EASEMENT 27.35 FEET TO A POINT ON THE WEST:SAVE OF SAID HOUSE, THENCE LEAVING THE NORTH LINE O S',, (AID TEN 10) Fi' F�OOT UTILITY EASEMENT SOODEGREESS00' 16"E 1 .45 FEET TO TH - POINT OF BEGINNING,_ CONTAINING 43 .7 SQUARE FEET MORE OR LESS. "' Y" ktiu_ t I • • VAC 03-06. 00 Page I CC Meeting of May 6, 2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick, Zoning & Development Administrator, AICP THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: April 14, 2003 VAC 03-6.00: Vacation (Allen), pp 295 was submitted by David Mix on behalf of Chris Allen for property located at 2541 Litchfield Lane (Lot 107 Covington Park Phase II). The property is zoned R- 1 . The request is to vacate a portion of a utility easement. Background: The applicant has submitted the required notification forms to the utility companies and to the City. The results are stated below. No objections from the adjacent property owners have been submitted to the City. See the attached maps and legal descriptions for the exact locations of the requested easement vacation. UTILITIES RESPONSE Ozarks Electric No Objections AEP/SWEPCO No Objections Arkansas Western Gas No Objections SW Bell No Objections. Cox Communications No Objections. City of Fayetteville: Water/Sewer No Objections Transportation Division No Objections Solid Waste No Objections Engineering No Objections Current Status: On April 14, 2003 , the Planning Commission voted 7-0-0 (consent agenda) to forward this item to the City Council with a recommendation for approval. Recommendation: Staff recommends approval of this requested easement vacation. Planning Commission • April 14, 2003 Page 4 Approval of the minutes from the March 24, 2003 meeting. VAC 03-6.00: Vacation (Allen, pp 295) was submitted by David Mix of Dykes, Bassett, Mix on behalf of Chris Allen for property located at 2541 Litchfield Lane. The property is zoned R- 1 , Low Density Residential and contains approximately 0.27 acres. The request is to vacate a 43 .7 sq.ft. portion of the utility easement located along the south property line of the subject property for an existing encroaching structure. Hoover: Yes, thank you Bob. The first order of business is the consent agenda. On the consent agenda we have the approval of the minutes of the meeting from March 24'h and also an easement Vacation at 2541 Litchfield Lane. Does anyone wish to remove this item from the consent agenda? Seeing none, do I have a motion to approve the consent agenda? Is there anyone in the audience who would like to remove this item from the consent agenda? Seeing none, I will bring it back to the Planning Commission for a motion. MOTION: Allen: I move for approval of the consent agenda. Hoover: Is there a second? Church: I will second it. Hoover: Renee, will you call the roll? Roll Call: Upon the completion of roll call the motion to approve the consent agenda was approved by a vote of 7-0-0. Thomas: The consent agenda carries seven to zero.