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.
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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
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LOT 15 �I S
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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
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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
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PROPERTY DESCRIPTION qn $flppL apt{
LOT FIFTEEN 1151 OF vj
STONEWOOD SUBDIVISION.
LEGAL DESCRIPTION FOR PARTTAL VACATION OF uTu ily EA&FmE NT
All that certain hest erpmcd of had being apart of Lot 15 ofStonewood Saldirisim to the City of
Faydtevdk And being more pattkvlmly descraWby metes and bouodr as follows:
COMtv1ENCING at a %w Lpin fonad far the NB'ComerofLot 15 of Stooewood Subdivision to the
City ofFnye0evi11G
' THENCE - South 890 V.40* Weu{oca disance of 26.70 feet with the north boundary line ofsaid "
Lot 15 to the west line of m exis6mg utility easemrnr
THENCE -South 06' 291 17" West fora distance of 36.03 feet with said west Ime m the point of
intersection of the Cave of an existing house for the POINT OF BEGINNING;
THENCE - with mdeavo through the following calls .
TIE•NCB-North Sr SY 20• Eau for a distance of4.61 fat;
TNENCB - South 00' Ill OT Eau for a disunco of 28.62 fat
THENCE - South 88" SY 20" West for a distance of8.01 feet to the above mentioned west line of the
.utility easement
THENCE - Nonh 06. 2Y 17" Fist for a distance of 28.87 fat to the POINT OF BEGINNING. The
above described property having been mtvveyyod by But L Feaay oostants 180.58 square fed of land
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BUILDING PERMIT)VPLICATION
City of Fayetteville Building Safety Division
113 West Mountain Street
Fayetteville, AR 727Q1 _
-Phone: 479-575-8233 Fax: 479-575-8316
Data Submitted:MUL2J.6 Permit
SITE ADDRESS: I pW Q
Office Use
Review Routing6Approvaf
Only
DIVISION
COPY
TO:
/S/=0K
APPROVAL
DATE
Planning
Enginee
Landscape
SWITraits
load waste
Zone: Lot: 15 Block:_ Subdivision: 04,nAX,Fire
Sec•Twn-Ring: Plat: Par M.
maftv
Mt � glqb.. s5..
Ins ns
1'162 Lirlgwl5o
ro2V .
cR�s' 2ouq eel Rvtkue
N
� `� '13$
,
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
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Draf�ng Service, Inc
2049 Reed Avenue
Springdale, Arkansas 72764
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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.
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Received Fax : MAK U[ NOu ro:eo rdn .xdumi
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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.