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HomeMy WebLinkAboutOrdinance 4547E 11 ORDINANCE NO, 4547 AN ORDINANCE APPROVING VAC 04-01.00 TO VACATE AND ABANDON A PORTION OF THE WATER AND SEWER EASEMENT LOCATED AT 4843 LAVENDON PLACE 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 water and sewer 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 when the conditions of this easement vacation have been met. PASSED and APPROVED this the 2nd day of March, 2004. Q r 'FTP4 r(NA" ATTEST: By: a9oa,�E - SO RA SMITH, City Clerk By: DAN COODY, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIRIE!Ioc IIII Fes Amta $20/0 /Page 1t of2 g3g.18 PM AR Washington County. t clerk Bette Stam° 4-00014668 Fi1e200 EXHIBIT "A" VAC 04-01,00 ALL THAT CERTAIN TRACT OF PARCEL OF LAND BEING A PART OF LOT 15 OF STONEWOOD SUBDIVISION TO THE CITY OF FAYETTEVILLE, AND BEING MORE PARTICULALY DESCRIBED BY METES AND BOUNDS, AS FOLLOWS: COMMENCING AT A % INCH I PIN FOUND FOR THE NE CORNER OF LOT 15 OF STONEWOOD SUBDIVISION TO THE CITY OF FAYETTEVILLE; THENCE SOUTH 89°40'40" WEST FOR A DISTANCE OF 26.70 FEET WITH THE NORTH BOUNDARY LINE OF SAID LOT 15 TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT; THENCE SOUTH 06029'17" WEST FOR A DISTANCE OF 36.03 FEET WITH SAID WEST LINE TO THE POINT OF INTERSECTION OF THE EAVE OF AN EXISTING HOUSE FOR THE POINT OF BEGINNING; THENCE WITH SAID EAVE THROUGH THE FOLLOWING CALLS: THENCE NORTH 88052520" EAST FOR A DISTANCE OF 4.61 FEET; THENCE SOUTH 00016'07" EAST FOR A DISTANCE OF 28.62 FEET; THENCE SOUTH 88052'20" WEST FOR A DISTANCE OF 8.01 FEET TO THE ABOVE MENTIONED WEST LINE OF THE UTILITY EASEMENT; THENCE NORTH 06°29'17" FOR A DISTANCE OF 28.87 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY CONTAINING 180.58 SQUARE FEET, MORE OR LESS. Exhibit B --mmmmmmmmF—a— SCALE: 10 =20' LAVENDON PLACE 20 0 20 R R f� A maham a APT. a• \ uK VK Tm i 14K I 4e0 LAVOWCH II LOT 15 �I S - I STONB4= Soso. !la N = I � i I — --J IQi 6T $TEAw NlD'11'2a"W �STO IE W fMq PROPERTY DESCRIED qp LOT FIFTEEN CI53 OF �T t STONEWOOD SUBDIVISION. �AL LEGAL DESCRIPTION FOR PARTIAL VACATION OF UTILITY EASEMENT All that certain tract or parcel of land being a part of Lot 15 of Stonewood Subdivision to the City of Fayetteville. And being more particularly described by macs and bounds as follows: COMMENCING at a'A" LPin found for the NE Comer of Lot 15 of Stonewood Subdivision to the City of Fayetteville; THENCE - South 89" 40' 40" West for a distance of 26.70 feet with the north boundary line of said Lot 15 to the west line of an existing utility easemwt THENCE - South 06" 29' 17" West for a distance of 36.03 feet with said west line to the point of intersection of the eave of an existing house for the POINT OF BEGINNING; THENCE - with said eave through the following calls: THENCE - North 88" 5T 20" Eau for a distance of4.61 feet; THENCE - South 00" I6' 07" East for a distance of 28.62 feet; THENCE - South 88" 52' 20" West for a distance of 8.01 feet to the above mentioned west line of the .utility easement THENCE - North 06" 29' 17" East for a distance of 28.87 feet to the POINT OF BEGINNING. The above described property having been surveyed by Bart L. Petray contains 180.58 square feet of land more or less. R w O a DATE, DE ETIDER, 23, 2003 NAME OF FILE: Ordinance No. 4547 w/Ex. A & Ex. B CROSS REFERENCE: Item # Date Document 1 02/25/04 memo to mayor & city council 2 draft ordinance 3 02/25/04 memo to Planning Commission 4 02/11/04 letter to city clerk from James McCord 5 copy of Planning Commission minutes 6 02/04/04 copy of SBC letter to Jan Gambill 7 02/02/04 copy of SBC concurrence to vacate 8 02/09/04 memo to Planning Commission 9 copy of map w/legal description 10 copy of building permit 11 copy of Application for Certificate of Zoning Compliance 12 copy of map 13 copy of Close Up View 14 copy of One Mile View 15 02/13/04 StaffReview Form 16 03/04/04 memo to Boettcher, Conklin, Warrick & Farthing 17 03/03/04 copy of check from Morrison & Campbell 18 03/02/04 copy of Release 19 02/04/04 letter to Jan Gambill 20 02/02/04 Concerrence to Vacate... 21 02/09/04 memo to Dawn Warrick 22 03/08/04 Affidavit of Publication NOTES: 04/19/04 Ifile with the Washington County Circuit Clerk City Councillteeting of March 2, 2004 Agenda Item Number 9. CITY COUNCIL AGENDA MEMO �51 a'Du To: Mayor and City Council 32,16 Thru: Tim Conklin , Community Planning and Engineering Services Director l • 4 . �y5zJ7 From: Dawn T. Warrick, AICP, Zoning and Development Administrato��S V,9C l M� pl,cb w don Date: February 25, 2004 places Subject: Easement Vacation for Michael Campbell (VAC 04-01.00) Planning Staff recommends approval of an ordinance vacating a portion of an existing utility easement crossing the subject property, located at 4843 Lavendon Place. A portion of a home was inadvertently constructed encroaching into the easement. BACKGROUND The utility easement vacation request stems from a single family home that was originally permitted from inadequate site plans. The site plans submitted for building permits did not show the easement in question, and the building was constructed over the recorded sanitary sewer easement. Once the encroachment into the utility easement was discovered, the proper application and notification forms to utility companies and the City were submitted to request vacation of said easement. While the building encroaches the utility easement, no structure was built over the sewer line itself. Notification was provided to all utility representatives and adjoining property owners. No objections were reported regarding this requested easement vacation. This item was tabled at the February 9, 2004 Planning Commission meeting and was heard at their regular meeting on February 23, 2004. Planning Commission voted 8-0-0 to forward this vacation request to the City Council with a recommendation for approval. Since the Planning Commission meeting on February 23, 2004, staff has continued to work with the property owner to resolve this problem. The attached report contains a modified condition of approval suggested by the Water & Wastewater Director which is more specific than the condition approved by the Planning Commission.The condition will provide for a $9,000.00 contribution to offset costs when the City needs to relocate the sewer line in the future and will also provide assurances that the City will be released from any damages which may be caused by line failures in the area of the easement which is proposed to be vacated. BUDGETIMPACT None. [I 0 ORDINANCE NO. AN ORDINANCE APPROVING VAC 04-01.00 TO VACATE AND ABANDON A PORTION OF THE WATER AND SEWER EASEMENT LOCATED AT 4843 LAVENDON PLACE 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 water and sewer 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 when the conditions of this easement vacation have been met. PASSED AND APPROVED this day of 92004. ATTEST: Lon Sondra Smith, City Clerk APPROVED: By ®R AS Dan Coody, Mayor EXHIBIT "A" VAC 04-01.00 ALL THAT CERTAIN TRACT OF PARCEL OF LAND BEING A PART OF LOT 15 OF STONEWOOD SUBDIVISION TO THE CITY OF FAYETTEVILLE, AND BEING MORE PARTICULALY DESCRIBED BY METES AND BOUNDS, AS FOLLOWS: COMMENCING AT A % INCH I PIN FOUND FOR THE NE CORNER OF LOT 15 OF STONEWOOD SUBDIVISION TO THE CITY OF FAYETTEVILLE; THENCE SOUTH 89040'40" WEST FOR A DISTANCE OF 26.70 FEET WITH THE NORTH BOUNDARY LINE OF SAID LOT 15 TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT; THENCE SOUTH 06°29'17" WEST FOR A DISTANCE OF 36.03 FEET WITH SAID WEST LINE TO THE POINT OF INTERSECTION OF THE EAVE OF AN EXISTING HOUSE FOR THE POINT OF BEGINNING; THENCE WITH SAID EAVE THROUGH THE FOLLOWING CALLS: THENCE NORTH 88052'20" EAST FOR A DISTANCE OF 4.61 FEET; THENCE SOUTH 00016107" EAST FOR A DISTANCE OF 28.62 FEET; THENCE SOUTH 88°52'20" WEST FOR A DISTANCE OF 8.01 FEET TO THE ABOVE MENTIONED WEST LINE OF THE UTILITY EASEMENT; THENCE NORTH 06°29' 17" FOR A DISTANCE OF 28.87 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY CONTAINING 180.58 SQUARE FEET, MORE OR LESS. E FAYETTEVILLE THE CITV OF FAYETTEVILLE, ARKANSAS PC Meeting of February 09, 2004 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-82 64 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members THRU: Dawn Warrick, AICP. Zoning & Development Administrator FROM: Jeremy Pate, Associate Planner Matt Casey P.E. Staff Engineer DATE: F 04-Updared February 25, 2004 VAC 04-01.00: Vacation (Michael Campbell, pp 60) was submitted by the City of Fayetteville on behalf of Michael and Nandra Campbell for property located at 4843 Lavendon Place. The property is zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate a portion of the water and sewer easement located on the property. Planner: Jeremy Pate Findings: See the attached maps and legal descriptions for the exact locations of the requested utility easement vacation. Background: The utility easement vacation request stems from a single family home that was originally permitted from inadequate site plans. The site plans submitted for building permits did not show the easement in question, and the building was constructed over the recorded sanitary sewer easement. Once the encroachment into the utility easement was discovered, the proper application and notification forms to utility companies and the City were submitted to request vacation of said easement. Staff is actively working with the applicant, researching the best means to resolve the subject utility encroachment. Prior to filing of the vacation ordinance, the method of resolution shall be determined and completed. 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 N/A 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 Engineering No objections Recommendation: Approval of the proposed utility easement vacation 04-01.00 subject to the following conditions. Conditions of Approval: 1. T-ho Method Of 1. Payment of $9,000.00 which represents estimated construction costs to relocate the sewer line when necessary and a release (filed of record with the Circuit Clerk) issued to the City of Fayetteville for any damage caused to the structure from any sewer line failures within the vacated area. PLANNING COMMISSION ACTION: yes Required X Approved Denied Date: February 23, 2004 CITY COUNCIL ACTION: yes Required Approved Date: Denied Planning Commissio* • February 23, 2004 Page 2 Hoover: Welcome to the February 23rd Planning Commission meeting. Renee, would you call the roll please? Roll Call: Upon the completion of roll call there were eight Commissioners present with Commissioner Ostner being absent. Hoover: Can I have a motion for approval of the minutes of the February 91h meeting? Shackelford: So moved. Bunch: Second. Hoover: Renee, cal the roll please. Roll Call: Upon the completion of roll call the motion to approve the minutes of the February 9, 2004 meeting was approved by a vote of 8-0-0. Thomas: The motion carries eight to zero. VAC 04-01.00: Vacation (Michael Campbell, pp 60) was submitted by the City of Fayetteville on behalf of Michael and Nandra Campbell for property located at 4843 Lavendon Place. The property is zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate a portion of the water and sewer easement located on the property. Hoover: Two items have been tabled by the applicant, items number two and three, the Conditional Uses for Wal-Mart at Mall Avenue and Hwy. 62 so if you are here to speak about those, they remain tabled by the applicant until further notice. Onto item number one, VAC 04-01.00. Jeremy? Pate: Thank you Madam Chair. This property is located at 4843 Lavendon Place. The applicant is requesting to vacate a portion of a utility easement. There was a structure built over this utility easement without the owner knowing and once that encroachment was discovered the proper application and notification forms have been filled out and submitted to the city. There are no objections from any of the utilty companies, nor the city. Staff has been actively working with the applicant determining the most feasible means to either relocate or encase the sanitary sewer line that is in this location. That is the condition of approval. Staff is recommending to forward this onto the City Council with the condition of approval that the method of relocation, encasement, etc., of the sanitary sewer main shall be determined by city staff and completed prior to vacating this portion of the easement. Planning Commissio* • February 23, 2004 Page 3 Hoover: Would the applicant come forward and explain why you need this Vacation? Campbell: Good evening, my name is Michael Campbell, I'm the owner of this property on Lavendon. We purchased this property and built the house on it and at the end of the time the property was completed we found out that there was an encroachment to the easement that did not appear on the plat that we were given when we bought the property. We brought this to the city's attention at the first of December and have been working with them since then to try to come up with a resolution. Hoover: At this time we will open it up to public comment. Is there anyone that would like to address this VAC 04-01.00 at 4843 Lavendon Place? Seeing none, I will bring it back to the Commission. Williams: I can say that I've had meetings with Mr. Campbell and his attorney and Engineering staff for the city trying to work on this. This Vacation certainly needs to be done although the resolution to this problem has not been determined yet. It is a difficult and expensive problem. Once that problem is resolved this Vacation needs to be approved so that Mr. Campbell will be able to sell this property. Hoover: Are there any Commissioner comments? MOTION: Allen: I move for approval of VAC 04-01.00. Church: I will second it. Hoover: There is a motion by Commissioner Allen and a second by Commissioner Church, is there anymore discussion? Bunch: Are we approving this at this level or are we forwarding it to the City Council with a recommendation? Hoover: We are forwarding it. Allen: I move that we forward this to the City Council. Church: And I second it. Hoover: Is there any other discussion? Renee? Roll Call: Upon the completion of roll call the motion to forward VAC 04-01.00 to the City Council was approved by a vote of 8-0-0. (act • Southwestern Bell Febuuary 4, 2004 Jan Gambill, Sr. City of Fayetteville 125 W. Mountain Fayetteville, AR 72701 Dear Mr. Gambill: RE: Easement closure: Lavedon Place Lynda Pabner • Manager -Engineering (ROW) Right -of -Way SEC Southwestern Bell Telephone Company I I11 W. Capitol Avenue Room 985 Little Rock AR 72201 501,373.5255 Phone 501.373.4634 Fax Is7110®sbc.com Please find enclosed SBC Southwestern Bell Telephone's concurrence in your request to relinquish our interest in the above referenced area. This concurrence must be recorded at the Washington County Courthouse in the Circuit Clerk's office to be complete and legal. I would appreciate you returning a copy of the document to me at the above address for my files. If you have any questions or comments, please call me at 501-373-5255. Sincerely, REC�=NED cFR 0 >. 21`104 attachments PLAN; , i,vi� ON, i ARKANSAS CONCURRENCE TO VACATE A PORTION OF A DEDICATED EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, hereby concurs in the closing a portion of the following dedicated utility easement located in Washington County, Arkansas, to -wit: All that certain tract or parcel of land being a part of Lot 15 of Stonewood Subdivison to the City of Fayetteville, and being more particularly described by metes and bounds, as follows: Commencing at a 1/2-inch I pin found for the NE Corner of Lot 15 of Stonewood Subdivison to the City of Fayetteville; thence South 89.40'40" West for a distance of 26.70 feet with the north boundary line of said Lot 15 to the west line of an existing utility easement; thence south 06.29'17" West for a distance of 36.03 feet with said west line to the point of intersection of the eave of an existing house for the POINT OF BEGINNING; thence with said eave through the followings calls: thence North 88`52'20" East for a distance of 4.61 feet; thence South 00.16'07" East for a distance of 28.62 feet; thence South 88.5210" West for a distance of 8.01 feet to the above mentioned west line of the utility easement; thence North 06"291 T for a distance of 28.87 feet to the POINT OF BEGINNING. The above described property containing 180.58 square feet, more or less. Signed and executed this LAA� day of February, 2004. By: ,444CL F Jean Davis Director-Engineering/Construction CORPORATE ACKNOWLEDGMENT r�^v inati STATE OF ARKANSAS I �y i,. COUNTY OF FAULKNER ! On this the ?day of February, 2004, before me, the undersigned authority, duly commissioned and qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly sworn, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, and that he executed the foregoing instrument as the act and _deed of.said company of his own free will and for the purposes and considerations therein ":,,•y5sed;and with due authority. ,•••� ,:~A off, t; �" ��,•ra_ Xpir,�•�C4ss whereof I hereunto set my hand and official seal. `•.��fStcAgeet repored by SBC Iwo,�N7a�itoi; Room 941 L§Ada E. Sommerfeldt Palmer •"'•, GT,r�•�"}i%cam,, Rtt:'72201 f501-373-5255/ Notary Public �E/qx My commission expires August 10, 2011 • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 09, 2004 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members THRU: Dawn Warrick, AICP. Zoning & Development Administrator FROM: Jeremy Pate, Associate Planner Matt Casey P.E. Staff Engineer DATE: February 9, 2004 VAC 04-01.00: Vacation (Michael Campbell, pp 60) was submitted by the City of Fayetteville on behalf of Michael and Nandra Campbell for property located at 4843 Lavendon Place. The property is zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate a portion of the water and sewer easement located on the property. Planner: Jeremy Pate Findings: See the attached maps and legal descriptions for the exact locations of the requested utility easement vacation. Background.• The utility easement vacation request stems from a single family home that was originally permitted from inadequate site plans. The site plans submitted for building permits did not show the easement in question, and the building was constructed over the recorded sanitary sewer easement. Once the encroachment into the utility easement was discovered, the proper application and notification forms to utility companies and the City were submitted to request vacation of said easement. It is the homeowner's responsibility to relocate the sanitary sewer line prior to filing of the vacation ordinance. 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 RES Ozarks Electric N/A 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 I No Objections Engineering No objections Recommendation: Approval of the proposed utility easement vacation 04-01.00 subject to the following conditions. Conditions of Approval: 1. The sanitary sewer main shall be relocated prior to vacating this portion of the easement. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: CITY COUNCIL ACTION:yes Required Approved Denied Date: / / 11 t IILAW L4716 I 8 f STONPY10OO 91W, I , i . toj.eT_4.QigTHa. Ntdy1K4'W STATE 1W.$) PROPERTY DESCRIPTION qn $flppL apt{ LOT FIFTEEN 1151 OF vj STONEWOOD SUBDIVISION. LEGAL DESCRIPTION FOR PARTTAL VACATION OF uTu ily EA&FmE NT All that certain hest erpmcd of had being apart of Lot 15 ofStonewood Saldirisim to the City of Faydtevdk And being more pattkvlmly descraWby metes and bouodr as follows: COMtv1ENCING at a %w Lpin fonad far the NB'ComerofLot 15 of Stooewood Subdivision to the City ofFnye0evi11G ' THENCE - South 890 V.40* Weu{oca disance of 26.70 feet with the north boundary line ofsaid " Lot 15 to the west line of m exis6mg utility easemrnr THENCE -South 06' 291 17" West fora distance of 36.03 feet with said west Ime m the point of intersection of the Cave of an existing house for the POINT OF BEGINNING; THENCE - with mdeavo through the following calls . TIE•NCB-North Sr SY 20• Eau for a distance of4.61 fat; TNENCB - South 00' Ill OT Eau for a disunco of 28.62 fat THENCE - South 88" SY 20" West for a distance of8.01 feet to the above mentioned west line of the .utility easement THENCE - Nonh 06. 2Y 17" Fist for a distance of 28.87 fat to the POINT OF BEGINNING. The above described property having been mtvveyyod by But L Feaay oostants 180.58 square fed of land momalea . owre. or�sen, eta. min pn1 W 0 - J,. BUILDING PERMIT)VPLICATION City of Fayetteville Building Safety Division 113 West Mountain Street Fayetteville, AR 727Q1 _ -Phone: 479-575-8233 Fax: 479-575-8316 Data Submitted:MUL2J.6 Permit SITE ADDRESS: I pW Q Office Use Review Routing6Approvaf Only DIVISION COPY TO: /S/=0K APPROVAL DATE Planning Enginee Landscape SWITraits load waste Zone: Lot: 15 Block:_ Subdivision: 04,nAX,Fire Sec•Twn-Ring: Plat: Par M. maftv Mt � glqb.. s5.. Ins ns 1'162 Lirlgwl5o ro2V . cR�s' 2ouq eel Rvtkue N � `� '13$ , ed tr awl b�`M1ZXN.ePf ptm : Fax Cef' sex) Sqb CorNwclafs llomse Esolrm: NurrdW GlEmpaneal Pornks APPW for N trio Smra of Arkarsas ft pw? lResidenflat Woik: _NEW _ADDITION _ALTERATION REPAIR _MOVING _DEMOLITION, _FOOTINGONLY _EXTERIORONLY _TENANTFINISH _DESIGWBUILD OTHER_ _ Residential: Single Family _ Multifamily, Condos (No. of units: Townhouse where lot Gore _ Other Valuation of Work , oC — Bundino Infomlatio Building: $ OOfl # of Stories: _ a Sum Total Area a_3 %4 - sq. ft Electrical: $ '400 ' Height: all Total Heated/Cooled: a[[7..5 �- sq. ft Plumbing: $ J aJ • Length: (21 Total Unheated: sq, tl Mechanical: $ q150 Width: 0AddJAI. Area: ►1 sq. ft Misc.: $ Slab Floor. 1/1 _ N Basement: �: �' sq. I. Total: $ 4 6 Structure:. Wood _ ✓ Metal _ Masonry _ Foam Forth _ Other Building lala comply with Arkansas Energy Code Requirements (YesINA): Wail Insulation Type: Batt LG Cellulose _ Is a retaining wall to be constructed? (Yes/No): .0. Engineering Approval:_ Is slope of site greater than 15%? (Yes/No): E) Engineering Approval: Flood Plain?(Yes(No): j{D__:Base Flood Elevation: M A ;Lowest Finished Floor. � Planning Approv I: Public Sewer. &/ Y N AR. Plbg. Approval M Wajingtm Co. Septic Approval #: � OFFICE USE FOR tructtion Type: Occupancy Load: kN REVIEWERS ONLY: Occupancy Group: Fire Zone: N: SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, GAS, MECHANICAL, AND SIGNS. THIS PERMIT BECOMES NULL AND VOID IF WORK/CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR IF WORK/CONSTRUCTION IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS. hereby certify that I have read and examined this application and know the same to be true and correct. All provisions flaw and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a emit does not presume to give auttrodry to violate or cancel the provisions of any other state or local law regulating Note: lnspe&bn of permitted work may reveal code violations not discovered during plan review. Revised on 5/7/2003 Permit page 1 0 The following section of the Grading and Excavation Ordinance applies to all construction within the City of Fayetteville. Questions on compliance should be directed to the City Engineer=s office at 575-8206 (125 W. Mountain Street).' 161.04 MINIMAL EROSION CONTROL REQUIREMENTS (A) The potential for soil loss shall be mimmized by retaining natural vegetation wherever possible. . (B) All graded and otherwise disturbed areas shall be stabilized within ) 5 days after each state of final grade is established Stabilization methods such as baled straw, filter fabric, ditch checks, diversion ditches, brush barriers,' -sediment basins, matting, mulches, grasses, and ground cover shall be used. (C) No intermittent or perennial. stream, including a 25 foot perimeter strip measured from the top of the bank, shall be graded, developed, channeled or physically altered unless adequate guarantees are made for erosion and sedimentation control. Likewise, cuts or fills shall be set back sufficiently for intermittent and perennial streams and other storm water drainage systems to guarantee that there will be no damage from erosion or sedimentation. (D) . Excavation material shall not be deposited in or so near streams and other storm water drainage systems that it may be washed downstream by high water or runoff. (E) Fording of streamsmith construction equipment or other activities which destabilize . stream banks shall not be permitted. (Ord. 3551, passed 6-4-91) (F) Any debris, soil or mud from development sites reaching a public street shall be immediately removed. Failure to immediately remove debris, soil or mud from a until the street is restored and adequate menaures are in place to insure that the streets will remain clear. , Physical Alteration of Land. (Ord. 3947, passed 2-6-95) As a condition of this Building Permit Application, I agree to the requirements or Section 161.04 requiring minimal erosion control procedures as set forth above. ioV.� Applicants Signature: t" Maa APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE The applicant must provide a site plan, drawn to scale, showing setbacks and measurements from overhangs on all proposed structures, existing structures, utility casements, off-street parking, driveways, landscaping and other proposed permanent improvements like pools, hot tubs, heating or a.c. units, decks, carports, etc. The distance from any proposed structure to property lines must be clearly indicated. Floor plans maybe required for certain uses to, verify zoning compliance. SECTION (A) ZONING REOUIREMENTS: t nnnccc. kA .SPROPERTYOWNER: HOM�E��PHO�NE:�`-aD ^' A $PROPERTYOWNER.SADDRESS:AI%is J{ISgIm.O�,U VC*— - CITY: OVP.INM_nJIY STATE:�^ZIP: XV $NUMBER OF DWELLING UNITS:_ • IS THIS PROPERTY SUBJECT TO RESTRICTIVE `COVE—NANTS? YES NO *IF YES, HAS THE APPROPRIATE REVIEW BOARD APPROVED THIS PROJECT? YES. NO *NOTE._7NECITY DOES NOTENFORCE RESTRICTIVE COYEMAN79S THIS INFORMATION ISFOR NOTIFICATIONPURPOSES ONLY. THOSENOTTAPPLYING FOR A BUILDBVGPERMIT, PLEASE CONTINUE TO SECTION(O OTHERBISE COMPLETE ENTIRE APPLICATION SECTION (B) BUILDING SETBACKS: $SCALE USED FOR SITE PLAN: \ 3ov, �k d �l .$PROPOSED BUILDING HEIGHT:_ RARE THERE OTHER STRUCTURES EXISTING ON THE LOT? YES NO If M. please describe: XSETBACKS: FOR OFFICIAL USE ONLY: PROPOSED: MINIMUM: COMMENT: NORTH: A5/ SOUTH: h EAST: a WEST:. I SECTION (C) NON-RESIDENTIAL REOUIREMENTS: $BUSINESS NAME: I _ _-- _ - BUSINESS PHONE: $NAMEONLEASE: p - HOME PHONE: $HOME ADDRESS: ♦ i i [1- CITY: /STATE:ZIP:. $INTENDED USE OF STRUCTURE: PREVIOUSVgCOF: $IS THE STRUCTURE VACANT? YES NO If yes, how long has the structuf� vacant? $IS THE BUSINESS A HOME OCCUPATION? YES. NO If y vide: permit ID #: PC approval date: $DOES THE USE REQUIRE AN AIR PERMIT FROM RKANSAS DEPARTMENT OF ENVIRONMENTQUALfTY? YES NO . If yes, please provide a copy of the permit $DOES THE USE PRODUCE AN ODOR? NO If yea, please desonbe the odor. $NUMBER OF EMPLOYEES: $OUTDOOR STORAGE OF RIAL AND/OR, EQUIPMENT? YES NO I(ycs, please describe: $SQ. FT.OF TOTAIyEMILDING: SQ. FT. OF YOUR BUSINESS: SQ. FT. OF EXPANSION: CONFORMS TO SITE UW41NG WeROVAL AND MINIMUM SET BACKS DATT �py1C A _aATE `.- FAYETTEVILLB-' iLaLOING SAFETY 8 PLANNIN�:rpHLFll�r \ 11h I'C I:( IFa�41 i tvy I Dla4tlltnl' i 25.00' i 050. 4.001 I I o WALK I 1 �i-Y------------ -- --_j t� 92b6' —i (VE1rYDIMENSON IN FEW) LOT PLAN 30 ACRES (m.o.IJ 1/320 c 11-O0 Lot #I5 S,.,,,M CAD a sign Draf�ng Service, Inc 2049 Reed Avenue Springdale, Arkansas 72764 Rl (4A) M-27M Pogo (479) n6-4411 FAX (479) 927-0 6 h= GAD-I555 _. 5/3/03 Sheet Number VACo4o,.w MFCHAEL CAAPBELL Close Up View I II + I II I I II I 11 I ! I R-0 RSFA 1 I I RA I I I I I I I it it I 1 r I I \ I I I I I I HIGH M if I I 1 I I� 4� I 1— I— ----. SI R-A W E4R _- - ._____ _. ` I I -�� I SF-4.___.—GREYSTbnF OR st - I all t ' I I 41 1--- 1 I I I Overview Legend EM VACe4-0100mooa8 OrwrMy Oiselct ® PM,spal Merin — ROOOWAY Yaeter Sl l Plan Me,orMa t00 yE wslarsV to n M , Cmotlor ... 50oyE l�Fre aY/eaPressway 400A Ilis Cole=r----LIMITOFSTM C _ CityLe - - - BaseL4w ProfJe = Ou4Me CRY 0 75 ISO 300 450 600 Feet STAFF WIEW FORM - NON -FINANCIAL OVIGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: March 2, 2004 FROM Dawn Warrick =11 Planning CP&E Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: VAC 04-01.00: Vacation (Michael Campbell, pp 60) was submitted by the City of Fayetteville on behalf of Michael and Nandra Campbell for property located at 4843 Lavendon Place. The property is zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate a portion of the water and sewer easement located on the property. STAFF RECOMMENDATION: Approval. Di ision Head City Atto ey epartment Director „21 5 /dv Received in Mayor's Office D tete� Z�2 S/0 (-( Date —/ -0 Cross Reference: Date Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: Orig. Contract Number: Chief Administrative Officer Date New Item: Mayor Date fib Yes No FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPOND LEGAL DEPARTMENT TO: Greg Boettcher, Water & Waste Water Director Tim Conklin, Community Planning & Engineering Svs. Director Dawn Warrick, Zoning & Development Administrator Marsha Farthing, Accounting Manager FROM: Kit Williams, City Attorney ( DATE: March 4, 2004 RE: Vacation 04-01 Michael Campbell Attached for Dawn is the original of the Release signed by the Campbells and Thomasons for this property. This Release should be filed in the County Courthouse along with the Vacation. Attached for Marsha is the check of $9,000.00 payable to the City of Fayetteville as estimated cost to relocate the sewer line if and when it fails. This check needs to go into the Water and Sewer fund. P21>n m cx -• o O � -gym �m 7 DOE J � n r � A c 0 C P O � D O Am N O S 0 m � e R m O ;uuNDOm o m oFC�0 r � z t 8 mfA00 m i } tiZ> s MO-000 N 2 r: 0m mz 4 gr * v r } r, r . # # •J r - i } Y S fi Y } } x r _ x A r N + * zmD * > m }j m s m 3 s �Dy =1 f Nmx * m z ys A m ivvi'' * ,l r � 6A A ° O O O W D U7 ! � N Received Fax : MAK U[ NOu ro:eo rdn .xdumi O' P. 1 RELEASE On this ;n day of March, 2004, come Michael and Nandra Campbell, and Rick and Tina Thomason, owners of 4843 Lavendon, Lot 15 of Stonewood Subdivision, Fayetteville, Arkansas and in consideration of the vacation of a portion of a water and sewer easement upon which their building has encroached, releases both for themselves and all successors, assignees, and future owners of this property, the City of Fayetteville from any and all liability or responsibility for any and all unintentional damage to the house or property that could be caused in the future as a result of or related to the failure of the sewer line within the vacated portion of the easement. If such failure occurs, the City of Fayetteville shall move the sewer line into its right of way next to the street at its cost (as the Campbell's have paid this estimated future cost.) Such Release runs with the land and will be filed of record in the Washington County Courthouse as a part of the description of 4843 Lavendon, Lot 15 Stonewood Subdivision, Fayetteville, Arkansas. �.Il �iI ILL I ' r�' t0 &&z6 jkf4l1ot&M TINA THOMASON Q YLF� RICK THOMASON ACKNOWLEDGMENT State of Arkansas County of Washington(/', (� n Rn day Pul O•Qe, ary On Ibis the y of March 2004 before me, 0 n�__ o � , a i`Iot Public, personally appeared Michael Campbell, Nandra Campbell, Tina Thomason an Rick Thomason, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. My commission expires: 411;IQ Notary Public OFPIgAL SEAL PALL D. REYNOLDS NOTARY PUBLIC - ARKANSAS WASH NOTON COUNTY MY COMMISSION EXPIRES 8-1-2007 Washington County, AR I certify this instrument was filed on 04/19/2004 02:38:18 PM and recorded in Real Estate File Number 2004.00014888 m.64ata os - Circuit Clerk 9c� 9Southwestern Bell Febuuary 4, 2004 Jan Gambill, Sr. - City of Fayetteville 125 W. Mountain Fayetteville, AR 72701 Dear Mr. Gambill: RE: Easement closure: Lavedon Place Lynda Palmer • Manager -Engineering (ROW) Right -of -Way SBC Southwestern Bell Telephone Company 1111 W. Capitol Avenue Room 985 Little Rock, AR 72201 501.373.5255 Phone 501.373.4634 Fax Is777O*sbc.com Please find enclosed SBC Southwestern Bell Telephone's concurrence in your request to relinquish our interest in the above referenced area. This concurrence must be recorded at the Washington County Courthouse in the Circuit Clerk's office to be complete and legal. I would appreciate you returning a copy of the document to me at the above address for my files. If you have any questions or comments, please call me at 501-373-5255, Sincerely, 444. RED FFq o attachments PLAN2% dlk . ARKANSAS CONCURRENCE TO VACATE A PORTION OF A DEDICATED EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, hereby concurs in the closing a portion of the following dedicated utility easement located in Washington County, Arkansas, to -wit: All that certain tract or parcel of land being a part of Lot 15 of Stonewood Subdivison to the City of Fayetteville, and being more particularly described by metes and bounds, as follows: Commencing at a 1/2-inch I pin found for the NE Corner of Lot 15 of Stonewood Subdivison to the City of Fayetteville; thence South 89940'40" West for a distance of 26.70 feet with the north boundary line of said Lot 15 to the west line of an existing utility easement; thence south 06029'17" West for a distance of 36.03 feet with said west line to the point of intersection of the eave of an existing house for the POINT OF BEGINNING; thence with said eave through the followings calls: thence North 88052'20" East for a distance of 4.61 feet; thence South 00° 16'07" East for a distance of 28.62 feet; thence South 88° 52'20" West for a distance of 8.01 feet to the above mentioned west line of the utility easement; thence North 06"29'17" for a distance of 28.87 feet to the POINT OF BEGINNING. The above described property containing 180.58 square feet, more or less. Signed and executed this,rA4 day of February, 2004. By: F Jean Davis irector-Engineering/Construction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF FAULKNER On this the day of February, 2004, before me, the undersigned authority, duly commissioned and qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly sworn, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, and that he executed the foregoing instrument as the act and .-deed of said company of his own free will and for the purposes and considerations therein ,••`� . ed-and with due authority. 5,t4M. EXalq icl ss whereof I hereunto set my hand and official seal. x : #.�.�4 ":� '• PMa�14, 40 &nt,-prepored by SBC tad WJ;a�itor;'Room 941 L da E. Sommerfeldt Palmer "'•;oo 62' le• Rycap(777220I (sot-373-5255) Notary Public if "' My commission expires August 10, 2011 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: February 9, 2004 Re: Ordinance No. 4547 Attached is an executed copy of the above ordinance passed by the City Council, March 2, 2004, approving VAC 04-01.00, vacating and abandoning a water and sewer easement at 4843 Lavendon Place: Also attached is a copy of a Release as an added attachment for this vacation. This ordinance will be recorded in the city clerk's office, microfilmed, published in a newspaper of general circulation and filed at the county courthouse. If anything else is needed please let the clerk's office know. Attachment(s) AFFIDAVIT OF PUBLICATION I,z lCje" lz�l�/% % do solemnly swear that I am Leg I 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: ZiL�C/ZC1/�&j Z was inserted in the regular editions on �y_ PO# 04 & "' Publication Charge: $ Subscribed and sworn to before me this day of 104CC k , 2004. Notary Public My Commission Expires: " Please do not pay from Affidavit. An invoice will be sent. RECEIVED =Public-Arkansas eal MAR 1 0 2004 L ARGO rkansas CITY Or r.,' � " fcV,��E COUNTY CITY CLERK'S OFFICE es 07-25-2013 _ iM 212 NORTH EAST AVENUE • P.O. BOX 1607 9 FAYEfTEVII I E, ARKANSAS 72702 • (501) 442-1700 • 0 ORDtlUMu NO. 447 AN ORDINANCE APPROVING VAC 04-01.00 TO VACATE AND MENT LLOOCAAPORTION TEDD AT 4 30 �l WATER PLACE AS OESCRIBEED ON THE ATTACHED MAP AND LEGAL DESCRIPTION YIIIWY, ale Clio CouiCY Toe IheaONailyurdar A.GA. S 14=- of Faystleii 54-104 to pblc B s °t poftWl6 iNereoi xtYch aR nol requlrad farr corCmplxeta prcposaa, etil - WHRREAS, ine City Cauncl has datonnined that the fdkrA oesolbeo Ldty eaiWWR Is not for corporate puposes..' - I - I por now, TNtRQORj, Y R Ol1DAKw ry TNR QfI COUNCIL O/ TMl CRY OF YAYET- TfVILLt, ARRANWt, wldr lathed" of VibacFOena *, In ancl to Me lolltrrg d0sm"d Y4dBf aW *Kw oft eseeTn gr See Elt" AAA attar ad hereto and made a pert 1leraol. Section 2. Tlat a Copy M VIb ONnNtce duly caniflad by the Coy Cork 81o(V vAh M map Nted sd rareto and bbobd Ld W'W ehdl be tied in tha oOce of the Recader of the Carat' and recorded h the Deed Records of Na County. ►A{{m and AMRO W INa Ite 2nd day of Morah, 2004. APPROVED: B aM GOODY, mavw ATTEST. lONDRA •111TN. CRY CM* OMWf •�• VAC 0"I.00 ALLTHAT CERTAIN TRACT OF PARCEL OE LAND BEING A PART OF LOT 15 OF STON WOODSUB- DIVISION TO THE CRY OF FAAYETTEVILLE. AND BEING MORE PARRCUALY DESCRIBED BY METES AND BOUNDS. AS FOUDWS: COMMENCING AT A _ INCH I PIN FOUND FOR THE NE CORNEA OF LOT 15 OF STONEW00o SUBDMSION TO THE CRY OF FAYEREVNIE; THENCE SOUTH 89.40'40' WEST FOR A DISTANCE OF 26.70'FEET WITH THE NORTH BOUNDARY UNE'OF SAD LOT 15 TO THE WEST UNE OF AN EXISTING LITIUTY EASEMENT THENCE SOUTH 08028'1?' WEST FOR A DIS- TANCE OF 38.03 FEET WITH SAID WEST LINE TO THE POINT OF INTERSECTION OF THE EAVE OF AN EXISTING HOUSE FOR THE POINT OF BEGINNING: THENCG WITH BAD EAVE THROUGH THE FOLLOWING CALLS: THENCE NORTH BB°52'20- EAST FORA DISTANCE OF 4.81 FEET. THENCE SOUTH 00016'07' EAST FOR A DISTANCE OF 28.62 FEET; THENCE SIXTH 88.52'20- WEST FOR A DISTANCE OF 8.01 FEET TO THE ABOVE MENTIONED WEST UN OF THE UTILITY EASEMENT; THENCE NORTH 06629'17- FOR A DISTANCE OF 28.87 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PROPERTY CONTANANRE G 180.58 SOUARE FEET, MORE OR LES.^a.