HomeMy WebLinkAboutOrdinance 4529 ORDINANCE NO, 4529
AN ORDINANCE APPROVING VAC 03- 11 .00 TO VACATE A
PORTION OF A UTILITY EASEMENT ALONG LOT 51 OF THE
BROOKBURY SUBDIVISION 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 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 18'h day of November, 2003 .
` 10EryE '`*
APPROVED:
LL ;
o By:
DAN COODY, Mayor
ii
SONDRA SMITH, City Clerk
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID : 006814140002 TVDe : REL
Recorded : 12/29/2003 at 10 : 01 : 46 AM
Fee Amt : $11 . 00 Pace 1 of 2
Washington county . AR
Bette stamos circuit Clerk
FS1e2003-00064826
EXHIBIT "A"
VAC 03-11,00
A PART OF LOT NUMBERED FIFTY-ONE (5 1 ) OF BROOKBURY WOODS SUBDIVISION, PHASE
II, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF
THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT
THE NORTHWEST CORNER OF SAID LOT FIFTY-ONE (51 ); THENCE N77°00'00"E ALONG THE
NORTH LINE OF SAID LOT FIFTY-ONE (51 ) 22.74 FEET; THENCE S13°00'00"E 8.87 FEET TO
THE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF THE ROOF
OVERHANG; THENCE N77°25 '33"E ALONG THE NORTHERNMOST ROOF OVERHANG 69. 10
FEET TO THE NORTHEAST CORNER OF SAID ROOF OVERHANG; THENCE S12°34'27"E
ALONG THE EASTERNMOST ROOF OVERHANG 0.62 FEET TO A POINT ON THE TEN ( 10)
FOOT UTILITY EASEMENT LINE WHICH IS PARALLEL WITH THE NORTH LINE OF SAID LOT
FIFTY-ONE (51 ); THENCE S77°00'00"W ALONG SAID UTILITY EASEMENT LINE 65 .30 FEET
TO THE INTERSECTION OF THE NORTH UTILITY EASEMENT LINE AND WEST UTILITY
EASEMENT AND BUILDING SETBACK LINE; THENCE S20°30'00"E ALONG THE WEST
UTILITY EASEMENT AND BUILDING SETBACK LINE 36.01 FEET; THENCE SIO°00'00"E
ALONG THE WEST UTILITY EASEMENT AND BUILDING SETBACK LINE 12. 14 FEET TO A
POINT ON THE SOUTH SIDE OF AN EXISTING DECK; THENCE S77°25 ' 33"W 7.22 FEET TO THE
SOUTHWEST CORNER OF SAID DECK; THENCE N12°34'275'W ALONG THE WEST SIDE OF
SAID DECK 30.70 FEET TO THE SOUTH EDGE OF A ROOF OVERHANG; THENCE S77°25 '33"W
1 .00 FEET TO THE SOUTHWEST CORNER OF SAID ROOF OVERHANG; THENCE N12°34'27"W
ALONG THE WEST EDGE OF SAID ROOF OVERHANG 18.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 357 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
1212912003 10:01 :46 AM
and recorded in Real Estate
File Number 2003-00064826
Bette Stamps . Circuit Clerk \
by
NAME OF FILE: Ordinance No, 4529
CROSS REFERENCE:
Item # Date Document
1 10/31 /03 memo to mayor & city council
draft ordinance
memo to planning commission
Itr to Jeremy Pate
copy of survey description
copy of parcel information
copy of building permit application
zoning information
copy of lot
copy of perimeter
copy of COZC
copy of Close Up View
copy of One Mile View
staff review form for 11 /18/03 mtg
2 11/21/03 memo to Dawn Warrick
3 11 /24/03 Affidavit of Publication
NOTES:
4 12/29/2003 filed at the Wash. Co. Courthouse
a�
City Council Me*g of November 18, 2003 /iA/
Agenda Item Number ySLy
CITY COUNCIL AGENDA MEMO 46 0- 1141/P?ra-OL
�,
�r�p0�
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director( .
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
U19-
Date: October 31 , 2003
Subject: Vacation of a portion of a utility easement at 2721 Shadybrook Cove
(VAC 03- 11 Salazar)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a utility easement
located at 2721 Shadybrook Cove (lot 51 , Brookbury Subdivision) where a portion of a
single family home encroaches the easement.
BACKGROUND
Property description: The subject property is located at 2721 Shadybrook Cove. The
property is zoned RSF-4, Residential Single-family, 4 units per acre. This lot is located in
the Brookbury Subdivision and is surrounded by single family homes in the RSF-4
zoning district. The rear of the subject property contains a 25 ' utility easement and
setback. There is a sunroom and deck structure constructed at the rear of the house which
encroach this easement area. The overhang on the north side of the home also encroaches
a utility easement by one foot.
History: Staff has researched this property to determine the cause for this encroachment.
The encroachment of the roof overhang on the north side of the home appears to have
been a contractor's error when the structure was originally sited on the lot. A building
permit was issued in July of 1996 for the single family home. The site plan and setback
information for that building permit do not reflect the sunroom and deck addition (a 32'
rear setback was reported by the applicant at that time). In June of 2000, a permit was
issued for the construction of an in-ground swimming pool on the property. This action
did not modify any existing site conditions or reflect structural changes.
The applicant has stated that when she signed a contract for the home, it was under
construction. At that time, the sunroom and deck were also being constructed. The
applicant has learned during the past two years of occupying the structure that there was
no permit issued which properly reflected the sunroom and deck.
1
• City Council Me*g of November 18, 2003
Agenda Item Number
Proposal: The applicant had a survey performed recently for the purpose of refinancing
the home which revealed an encroachment. No development proposals are currently
being considered for this property.
Request: The request is to vacate that portion of the utility easement which has been
encroached into by the sunroom and deck at the rear of this single family home.
DISCUSSION
No objections were voiced by any city divisions or franchise utilities. The Planning
Commission voted 7-0-0 to approve this request on the consent agenda at the October 27,
2003 Planning Commission meeting.
Note: A variance of the required 25 ' building setback that was platted with this
subdivision may only be granted by the Board of Adjustment. Should the applicant wish
to seek a variance in order for the structure to be considered legal and conforming, a
separate application needs to be processed.
A building permit for the sunroom and deck portion of this structure needs to be obtained
by the applicant in order for the City to have record of that construction activity. A
variance must be sought first and double permitting fees will be required in order for the
permit to be issued retroactively. Staff will work with the applicants to ensure that they
understand the processes required to seek resolution of this situation.
BUDGET IMPACT
None.
2
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 03- 11 .00 TO VACATE A PORTION OF
A UTILITY EASEMENT ALONG LOT 51 OF THE BROOKBURY
SUBDIVISION 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 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 street
right of way:
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 day of 2003.
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 03-11.00
A PART OF LOT NUMBERED FIFTY-ONE (5 1 ) OF BROOKBURY WOODS SUBDIVISION, PHASE
II, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF
THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF SAID LOT FIFTY-ONE (51 ); THENCE N77°00'00"E ALONG THE
NORTH LINE OF SAID LOT FIFTY-ONE (51 ) 22.74 FEET; THENCE S13°00' 00"E 8.87 FEET TO
THE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF THE ROOF
OVERHANG; THENCE N77°25 '33"E ALONG THE NORTHERNMOST ROOF OVERHANG 69. 10
FEET TO THE NORTHEAST CORNER OF SAID ROOF OVERHANG; THENCE S12134'27"E
ALONG THE EASTERNMOST ROOF OVERHANG 0.62 FEET TO A POINT ON THE TEN ( 10)
FOOT UTILITY EASEMENT LINE WHICH IS PARALLEL WITH THE NORTH LINE OF SAID LOT
FIFTY-ONE (51 ); THENCE S77°00'003'W ALONG SAID UTILITY EASEMENT LINE 65.30 FEET
TO THE INTERSECTION OF THE NORTH UTILITY EASEMENT LINE AND WEST UTILITY
EASEMENT AND BUILDING SETBACK LINE; THENCE S20°30'00"E ALONG THE WEST
UTILITY EASEMENT AND BUILDING SETBACK LINE 36.01 FEET; THENCE S10°00'00"E
ALONG THE WEST UTILITY EASEMENT AND BUILDING SETBACK LINE 12. 14 FEET TO A
POINT ON THE SOUTH SIDE OF AN EXISTING DECK; THENCE S77°25 '33"W 7.22 FEET TO THE
SOUTHWEST CORNER OF SAID DECK; THENCE N12°34'27"W ALONG THE WEST SIDE OF
SAID DECK 30.70 FEET TO THE SOUTH EDGE OF A ROOF OVERHANG; THENCE S77°25 ' 33"W
1 .00 FEET TO THE SOUTHWEST CORNER OF SAID ROOF OVERHANG; THENCE N12°34'27"W
ALONG THE WEST EDGE OF SAID ROOF OVERHANG 18.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 357 SQUARE FEET, MORE OR LESS.
0 0
FAYETTEVILLE PC Meeting of October 27, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
FROM: Matt Casey P.E. Staff Engineer
DATE: October 20, 2003
VAC 03-11.00: Vacation (Salazar, pp 294) was submitted by Michael and Jill Salazar for
property located at 2721 Shadybrook Cove. The property is zoned RSF-4, Residential Single-
family, 4 units per acre. The request is to vacate a portion of a utility easement along lot 51 of
the Brookbury Subdivision.
Findings: See the attached maps and legal descriptions for the exact locations of the requested
utility easement vacation. The request is to vacate only the portion of the easement that is
encroached upon by the existing structure.
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
Transportation No Objections
Solid Waste No Objections
Engineering No objections
ft 0
Recommendation: Approval of the proposed utility easement vacation 03- 11 .00 subject to the
following conditions.
Conditions of Approval:
1 . Any relocation of existing utilities will be at the owner' s expense.
2. Encroachment upon building setbacks by the existing structure requires a separate
action and approval by the Board of Adjustment.
PLANNING COMMISSION ACTION: yes Required
J Approved Denied
conscri
Date: 10- t.1 -
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /
10/70/09 THU 11 : 46 FAX 479 973 8099 STATE FARM SERVICE CTR fciJ002
i •
October 30, 2003
Jeremy Pate
Associate Planner
City of Fayetteville
RF: 2721 Shadybrook Cove
U_a 51 Brookbiuy Woods subdivision)
Dear Mr. Pate,
As requested, we arc writing to you to explain the need for the vacationivariance on our property located at
2721 Shadyhrook Cove in Fayetteville, Arkmsas. The builder was rtmnmg behind on complerbtg a number
of items by the closing date. it was later determined that a portion of the structure was in the setback.
Apparently the builder did not have a survey completed prig to construction, flue to the lowering of
interest rates we had the house refinanced. We had a survey done which confirmed the encroachment'
Please let us know if you need additional mformatiot>. We appreciate your consideration.
Sincerely,
Wke & Full Salam
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