HomeMy WebLinkAboutOrdinance 4521 ORDINANCE NO. 4521
AN ORDINANCE APPROVING VAC 03- 10.00 TO VACATE
AND ABANDON A 10' UTILITY EASEMENT ALONG LOTS
233 245 AND 25 OF THE JACKSON' S FIRST ADDITION AS
DESCRIBED 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 along with the
map attached hereto and labeled Exhibit `B" 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 7 h day of October, 2003 .
�` FpVETr4
APPROVE
` 3 a l . By: P
ANC ODY, Mayo
a •
L
'
By: 60"J &l&MU
SONDRA SMITH, City Clerk
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 008835780002 TVD9 : REL
Recorded : 10/24/2003 at 09 : 14 : 04 AM
Fee Amt : $11 . 00 Psis 3 2
Mashlnaton County . AR
Bette Stamps circuit Clerk
F13e2003-00055990
EXHIBIT "A"
VAC 03-10.00
A STRIP OF LAND TEN ( 10) FEET WIDE CENTERING ON THE FOLLOWING DESCRIBED
LAND: BEGINNING AT A POINT ONE HUNDRED SEVENTY-EIGHT ( 178) FEET WEST
OF THE NORTH EAST CORNER OF THE SOUTHWEST '/4 OF THE NORTHWEST '/< OF
SECTION ELEVEN (11 ), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
RUNNING THENCE SOUTH A DISTANCE OF ONE HUNDRED (100) FEET, THENCE
SOUTH AT FIFTY-SIX (56) DEGREES WEST A DISTANCE OF ONE HUNDRED FIFTY
( 150) FEET TO THE INTERSECTION OF APPLEBURY DRIVE.
Washington County, AR
I certify this instrument was filed on
10/24/2003 09: 14:04 AM
and recorded in Real Estate
File Number 2003-00055990
Bette Stam s - Circuit Clerk
NAME OF FILE: Ordinance No. 4521
CROSS REFERENCE:
Item # Date Document
1 10/07/03 Staff Review w/attachments:
draft ordinance
memo to mayor & city council
memo to planning commission
memo to planning commission
letter to planning commission
plat
copy of Right of Way Grant
copy of Close Up View
copy of One Mile View
copy of planning commission minutes
2 10/13/03 memo to Dawn Warrick
3 10/17/03 lAffidavit of Publication
NOTES:
10/24/2003 filed with the Washington County Circuit Clerk
NORTI#JEST ARKANSAVAEDITION
A&insas Democrat IV (f)azette
RECEIVE [
OCT 2 2 2003
CITY OF FAYETTEVILLE
AFFIDAVIT OF PUBLICATIOWCLERKS OFFICE
I , do solemnly swear that I am
Leghl Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell , Arkansas, and that
from my own personal knowledge and reference to the files of said
publication , that advertisement of:
(hd i nQ n � `t5oll was inserted in the regular editions on
I C, 1�+ - c�
PO# 03 � OQCX) 1 `5
"' Publication Charge : $
Subscribed and swom to before me this
ao }� day of QC ev- 2003.
_ —ORDINANCE NO. 4521
AN ORDINANCE APPROVING VAC 03.10.00 TO VACATE
VACATE AND
'ABANDON A EASEMENT ALONG LOTS
23. 24,
— AND
25OF THE JACKSON'S ADDITION ASDESCRIBED
-
ON THE ATTACHED MAP AND LEGAL DESCR.. C. c ., ,...(
Notary Public WHEREAS the Dry Council las the authority under q CA. § �9 SDI Fa~lle
14-54-104 to vacate Public greunQ4 or Portion thereof which
are rot required to corporate Purposes. and
My Commission Expires: a7/zsya�l3 ZERE^B, the Gry,CPunal nes dete�inad et the falo� g descnbed utiiiry �sare�t Is not
required far corponoe purposes.
NOW, TNEREFORE, ' HE R ORDAINED BY ME CRY COUNCIL OF TtIE CRT OF
FAYET MLLE, ARKANSM ,
Section 1. That the City of FayefteNle. Afkarri hereby vacates and abandons; all of its rights together
" Please do not pay from Affidavit. wird the rights of the Public generally, In and to the following described Ndty easernenL
An Invoice will be sent. sae E#libit 'A' allachW hereto and made a Pert hereof.
Section 2. That a copy of this Ordinance duty certified by the City Dark along with the mars ettachad
hereto and labeled Ext blt 'S' shall be filed in the office of the Recprder of the County and recorded In
the Deed Records of the County.
PASSED mW APPROVED this On 7th •q of Oetnber, 2007. '
=Publlc-tansas
eal APPROVED:
L ARGO DAN COODY, Mgrer,
rkansas "By:
COUNTY SONDRA BMRH, City Cleftres 07-25-2013 EXHIBIT 'A'
VAC 03-10.00
A STRIP OF LAND TEN (10) FEET WIDE CENTERING ON THE FOLLOWING DESCRIBED LAND:
BEGINNING AT A POINT ONE HUNDRED SEVENTY-EIGHT (178) FEET WEST OF THENORTHEAST
CORNER OF THE SIXTEEN (116)SOUTHWEST RTH1RANGE THIRTY (30) WEST,
74 OF THE NORTHWEST 114 OF RUNNINGTHENCE SOUTHCTION ELEVEN to
TOWNSHIP
DISTANCE OF ONE HUNDRED (100) FEET, THENCF,SOUTH AT RFT'-SIX (56) DEGREES WEST A
DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO THE INTERSECTION OF APPLEBURY DRIVE.
t,
212 NORTH EAST AVENUE P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
l
p2,/)
?/ /03
STAFFOVIEW FORM - NON-FINANCIAL AIGATION /00 1 -7 j
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: October 7, 2003
FROM:
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED : Ordinance Approval.
SUMMARY EXPLANATION:
VAC 03- 10.00 was submitted by Charles Brickey on behalf of Tamara Breland Brickey for property located at
1765 Applebury Road. The property is zoned RSF-4, Residential Single-Family, four units per acre. The
request is to vacate a 10' utility easement through lots 23, 24 and 25 of the Jackson's First Addition.
STAFF RECOMMENDATION:
Staff recommended approval and on September 8, 2003 the Planning Commission voted 8-0-0 to recommend
approval of this Vacation by the City Council.
Received in Mayor's Office
Division Head to Date
6A t { 03
City Attodney ate
— —�G'`�3 Cross Reference:
Department Director Date
Previous Ord/Res#:
Finance & Internal Services Dir. Date Orig. Contract Date:
9 � Orig. Contract Number:
Chie dministrative Officer Date
New Item : Yes No
ayor
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 03-10.00 TO VACATE AND ABANDON
A 10' UTILITY EASEMENT ALONG LOTS 23 , 24, AND 25 OF THE
JACKSON' S FIRST ADDITION AS DESCRIBED ON THE ATTACHED MAP
AND LEGAL DESCRIPTION.
WHEREAS, the City Council has the authority under A.C.A. §14 544- 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 OF
FAYETTEVILLE, ARKANSAS: \\\� 4
-�_.
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: � N } `ti'
See Exhibit A attached herkoo and made apart hereof.
Section 2. That,a.p_of this Ordinance duly certified by the City Clerk along with the
map attachedThereto and labeled Exhibit "B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPRQVy&4ti s � 4y of 2003.
APPROVED:
ti
cr
B
Y
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 03-10.00
A STRIP OF LAND TEN (10) FEET WIDE CENTERING ON THE FOLLOWING DESCRIBED
LAND: BEGINNING AT A POINT ONE HUNDRED SEVENTY-EIGHT (178) FEET WEST
OF THE NORTH EAST CORNER OF THE SOUTHWEST /40F THE NORTHWEST '/< OF
SECTION ELEVEN (11 ), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
RUNNING THENCE SOUTH A DISTANCE OF ONE HUNDREDA�100) FEET, THENCE
SOUTH AT FIFTY-SIX (56) DEGREES WEST A DISTANCE,OFO E HUNDRED FIFTY
( 150) FEET TO THE INTERSECTION OF APPLEBURY DRIVE
P
Arrc t
Qi:: A 2i '•
FAYETT?VILLE CC Meeting of October 7, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575$267
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs.
DATE: September 16, 2003
VAC 03-10.00: Vacation (Brickey, pp 409) was submitted by Charles Brickey on behalf of
Tamara Breland Brickey for property located at 1765 Applebury Rd. The property is zoned RSF-
4, Residential Single-family, 4 units per acre. The request is to vacate a 10' utility easement
through lots 23, 24 and 25 of the Jackson' s First Addition.
BACKGROUND
The applicant is requesting to vacate a water and sewer easement which was granted in the late
1950's with the development of the Jackson's First Addition to the City of Fayetteville. During the
development of this subdivision, the easement was not utilized and remains clear of utility lines at
this time. Water and sewer lines were installed in alternate locations, generally along the north and
east property lines of the subject lot.
No objections from the adjacent property owners have been submitted to the City. Responses
from utility companies cited no objections. The City's Water and Sewer Maintenance Division
did request that easements along the north and east property lines be widened as necessary to
cover existing lines with at least 10' of easement on either side of the water or sewer lines to
allow for proper access and maintenance activities. This request is reflected in staff's
recommended conditions of approval.
PUBLIC COMMENT
At the public hearing before the Planning Commission, adjoining property owner to the east, Mr.
Robert Harpster, commented on the recommendation for additional easements to cover existing
lines had how that recommendation may effect his property. It was stated that the only property
that this action can affect is the applicant' s and that in the future, should he make a similar
request or propose additional development, expanded easements on his property may be
necessary depending upon the exact location of utility lines within those easements.
CURRENTSTATUS
On September 8, 2003, the Planning Commission voted 8-0-0 to forward this request to the City
Council with a, recommendation for approval subject to conditions recommended by staff.
RECOMMENDATION
Approval of the proposed utility easement vacation 03- 10.00 subject to conditions stated in the
attached staff report.
K:IReporuUO031CC REPORZYOctober meetingslvac03-10_brckey_ec memo.doc
• VAC 03-10. 00
Page I
PC Meeting of September 8, 2003
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain SL
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP. Zoning & Development Administrator
FROM: Matt Casey P.E. Staff Engineer
DATE: September 4, 2003
VAC 03-10.00: Vacation (Brickey, pp 409) was submitted by Charles Brickey on behalf of
Tamara Breland Brickey for property located at 1765 Applebury Rd. The property is zoned RSF-
4, Residential Single-family, 4 units per acre. The request is to vacate a 10' utility easement
along lots 23, 24 and 25 of the Jackson's First Addition.
Findings: See the attached maps and legal descriptions for the exact locations of the requested
drainage 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:
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 — See conditions of
approval
Transportation No Objections
Solid Waste No Objections
® VAC 03-10. 00
Page 2
Engineering No objections
Recommendation : Approval of the proposed utility easement vacation 03- 10 .00 subject to the
following conditions.
Conditions of Approval:
I . Any relocation of existing utilities will be at the owner's expense.
2. The easement for the actual water main location shall be expanded to 10' on either side of
the main. Only the portion of this 20' that falls on this property must be dedicated at this
time.
3 . The sewer main easement on the back property line must be expanded to 10' on either
side of the main. Only the portion of this 20' that falls on this property must be dedicated
at this time.
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /
• •
1765 Applebury Drive
Fayetteville, AR 72701
August 4, 2003
Planning Commission
City of Fayetteville
Fayetteville, AR 72701
Dear Planning Commission Members,
We have requested the vacation of a sewer and water easement. This sewer
and water easement was granted with the original plat in 1958 . When the
houses were built in this sub-division, during the late 50' s and early 60 ' s,
different easements were used to lay the water and sewer lines. This house
was built in 1963 , by the orginal developers of the re-plat. We believe the
easement, not just across the property, but almost through the center of the
house, should of been vacated before this house was built.
When Tamara bought this house the former owners did not mention the
easement, nor did the abstract company or the realators. We want to make
improvements to our home, perhaps a small addition, but cannot because of
this easement. If we chose to sell the house, the easement will be an
albatross because of the disclosure act.
Sincerely,
Cz
Tamara Breland Brickey
GWS
Charles Lee Brickey
RECEIVED
AUG 0 6 2003
PLANNING DIV.
