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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.