HomeMy WebLinkAboutOrdinance 45590
ORDINANCE NO, 4559
AN ORDINANCE APPROVING VAC 04-03.00 TO VACATE
AND ABANDON A PORTION OF AN EXISTING UTILITY
EASEMENT TO ALLOW FOR THE EAVE OF AN EXISTING
HOME AT 2474 FENNCHURCH WAY IN THE COVINGTON
PARK PHASE I SUBDIVISION AS DESCRIBED ON THE
ATTACHED MAP AND LEGAL DESCRIPTION
WHEREAS, the City Council has the authority under A.C.A. §14-54-104 to vacate public
grounds or portions thereof which are not required for corporate purposes, and
WHEREAS, the City Council has determined that the following described utility easement
is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described utility
easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit " B" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
PASSED and APPROVED this 201h day of April, 2004.
ATTEST:
IC 1
.•.�,pG. Y O,APPROVE
----
c'••�'s
•71=
;FAYEITEVILLE; BY
DAN COODY,
SONDRA SMITH, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 007275480003 TVDe: REL
Recorded: 05/21/2004 at 08:16:59 AM
Fee Amt: $14.00 Pace 1 of 3
Mashlnoton Countv. AR
Bette Stamps Circuit Clerk
File2004-00019666
EXHIBIT "A"
VAC 04-03,00
A PART OF LOT FIFTY-FIVE (55), COVINGTON PARK, PHASE I, A SUBDIVISION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK 16, AT PAGE 37, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND
AS SHOWN ON THE REVISED PLAT OF SAID SUBDIVISION RECORDED IN PLAT
BOOK 16, AT PAGE 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING IRON AT THE SOUTHEAST CORNER OF SAID LOT
55; THENCE S89°28'30"W 66.33 FEET ALONG THE SOUTH LINE OF SAID LOT 55;
THENCE N00031930"W 7.89 FEET TO THE SOUTHEAST CORNER OF THE EAVE OF AN
EXISTING HOUSE; THENCE N73°11'57"W ALONG THE SOUTHERNMOST EAVE OF
SAID HOUSE 7.16 FEET TO A POINT ON THE NORTH LINE OF A TEN (10) FOOT WIDE
UTILITY EASEMENT WHICH LIES NORTH OF AND IS ADJACENT TO AND PARALLEL
WITH THE SOUTH LINE OF SAID LOT 55; THENCE LEAVING THE SOUTHERNMOST
EAVE OF SAID HOUSE ALONG THE NORTH LINE OF SAID UTILITY EASEMENT
N89028'46"E 7.50 FEET TO A POINT ON THE EASTERNMOST EAVE OF SAID HOUSE;
THENCE LEAVING THE NORTH LINE OF SAID UTILITY EASEMENT S1605715999W 2.23
FEET TO THE POINT OF BEGINNING, CONTAINING 8.0 SQUARE FEET, MORE OR LESS.
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Washington County, AR
I certify this instrument was filed on
0512112004 08:18:59 AM
and recorded in Real Estate
File Number s 0 Ciro0065
uitClegk
Bette Stamp
by
NAME OF FILE: Ordinance No. 4559
w/Ex. A & map
CROSS REFERENCE:
Item # Date Document
1
03/24/04
memo to mayor 9 city council
2
draft ordinance
3
03/11/04
memo to Planning Commission
4
copy of David Mix memo
5
copy of One Mile View
6
7
04/05/04
Staff Review
8
04/23/04
memo to Dawn Warrick
9
05/04/04
Affidavit of Publication
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
w/Wash. Co.
• City Counciloeting of April 20, 2004
Agenda Item Number
doe
CITY COUNCIL AGENDA MEMO {�/y�L' 0 /-0,3, G0/
To: Mayor and City Council 5, ra b y
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administratorllr
Date: March 24, 2004
Subject: Easement Vacation for Sohraby (VAC 04-03.00)
Planning Staff recommends approval of an ordinance vacating a portion of an existing
utility easement crossing the subject property. A 20' general utility easement with a 10'
portion along the southern property line of the subject property (10' on adjacent lot), was
dedicated when the Covington Park subdivision was approved.
BACKGROUND
The subject property is located at 2474 Fennchurch Way. The utility easement vacation
request results from a single family home that was built with an 8.0 square feet portion of
the southwest corner encroaching into a 10' utility easement along the south property
line. 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.
DISCUSSION
Notification was provided to all utility representatives and adjoining property owners. No
objections were reported regarding this requested easement vacation.
The Planning Commission voted 8-0-0 in favor of this request on Monday, March 22,
2004. The item was included on the Commission's consent agenda.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 04-03.00 TO VACATE AND ABANDON
A PORTION OF AN EXISTING UTILITY EASEMENT TO ALLOW FOR THE
EAVE OF AN EXISTING HOME AT 2474 FENNCHURCH WAY IN THE
COVINGTON PARK PHASE I SUBDIVISION AS DESCRIBED ON THE
ATTACHED MAP AND LEGAL DESCRIPTION.
WHEREAS, the City Council
has
the authority under A.C.A.
§14-54-104
to vacate public
grounds or portions thereof which are
not
required for corporate
purposes,
and
WHEREAS, the City Council has determined that the following described utility easement
is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described utility
easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPROVED this day of 92004.
ATTEST:
By.
Sondra Smith, City Clerk
APPROVED:
By.
Dan Coody, Mayor
EXHIBIT "A"
VAC 04-03,00
A PART OF LOT FIFTY-FIVE (55), COVINGTON PARK, PHASE I, A SUBDIVISION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK 16, AT PAGE 37, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND
AS SHOWN ON THE REVISED PLAT OF SAID SUBDIVISION RECORDED IN PLAT
BOOK 16, AT PAGE 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING IRON AT THE SOUTHEAST CORNER OF SAID LOT
55; THENCE S89°28'30"W 66.33 FEET ALONG THE SOUTH LINE OF SAID LOT 55;
THENCE N00031930"W 7.89 FEET TO THE SOUTHEAST CORNER OF THE EAVE OF AN
EXISTING HOUSE; THENCE N739I'57"W ALONG THE SOUTHERNMOST EAVE OF
SAID HOUSE 7.16 FEET TO A POINT ON THE NORTH LINE OF A TEN (10) FOOT WIDE
UTILITY EASEMENT WHICH LIES NORTH OF AND IS ADJACENT TO AND PARALLEL
WITH THE SOUTH LINE OF SAID LOT 55; THENCE LEAVING THE SOUTHERNMOST
EAVE OF SAID HOUSE ALONG THE NORTH LINE OF SAID UTILITY EASEMENT
N89028'46"E 7.50 FEET TO A POINT ON THE EASTERNMOST EAVE OF SAID HOUSE;
THENCE LEAVING THE NORTH LINE OF SAID UTILITY EASEMENT S16057'59"W 2.23
FEET TO THE POINT OF BEGINNING, CONTAINING 8.0 SQUARE FEET, MORE OR LESS.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of March 22, 2004
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP. Zoning & Development Administrator
FROM: Suzanne Morgan, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: March 11. 2004
VAC 04-03.00: Vacation (Sohraby, pp 295) was submitted by Kazem Sohraby for property located
at 2474 Fennchurch Way. The property is zoned RSF-4, Residential Single-family, 4 units per acre.
The request is to vacate a portion of the utility easement to allow for an existing eave. Planner:
Suzanne Morgan
Findings: See the attached maps and legal descriptions for the exact locations of the requested
utility easement vacation.
Background: The utility easement vacation request results from a single family home that was
built with an 8.0 square feet portion of the southwest corner encroaching into a 10, utility
easement along the south property line. 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.
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
Ozarks Electric
AEP/S WEPCO
Arkansas Western Gas
SW Bell
Cox Communications
No Objections
No Objections
No Objections
No Objections
No Objections — See conditions of
approval.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Recommendation: Approval of the proposed utility easement vacation 04-03.00 subject to the
following condition:
Conditions of Approval:
1. The remaining 9' shall remain as a general utility easement.
2. Relocation or damage to existing facilities within the easement shall be at the
owner's expense.
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date: March 22, 2004
CITY COUNCIL ACTION: ves Required
Approved Denied
Date:
O
BASSETT MIX
AND ASSOCIATES, INC.
To whom it may concern:
This is a request from Mr. and Mrs. Kazem Sohmby to vacate the back eave of their home that is
encroaching by t' foot into the utility easement. Allen Reid has drawn the survey to show the
encroachment and the legal description.
W. and Mrs. Kazem Sohraby request that this matter be resolved to provide clear title to their property.
Thank you for your consideration -
Sincerely,
David Mix
Agent/Representative
RESIDENTIAL, FARMS AND COMMERCIAL REAL ESTATE
3263 North College * Fayetteville, Arkansas'72703 * (479) 521-5600 * (479) 751-5900 * Fax (479) 521-5698
website: www.bassettmix.com
THE STANDARD OF EXCELLENCE
Working For You MLS
STAFF MEW FORM - NON -FINANCIAL ObOGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: April 20, 2004
FROM
Dawn Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
141 VAy
Department
VAC 04-03.00: Vacation (Sohraby, pp 295) was submitted by Kazem Sohraby for property located at 2474
Fennchurch Way. The property is zoned RSF-4, Residential Single -Family, four units per acre. The request is
to vacate 8 square feet of an existing utility easement to allow for the eave of an existing home.
STAFF RECOMMENDATION:
Department Director
Finance & Intemal Services Dir.
Approval.
Received in Mayor's Office
to
1116 4L(
Date
Cross Reference:
Date
Previous Ord/Res#:
Date Orig. Contract Date:
O _ Orig. Contract Number:
Date
New Item:
y
ate
0�
Date l Y'
Yes No
FAYETTEV&LE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearmanm
City Clerk Division
Date: April 23, 2004
Re: ordinance No. 4559
Attached is a copy of the above ordinance passed by the City Council April 20, 2004, approving
VAC 04-03.00, request the vacating and abandoning of a utility easement at 2474 Fennchurch
Way. This ordinance with attachments will be recorded in the city clerk's office and microfilmed.
If anything else is needed please let the clerk's office know.
/cbp
attachments
NORTHWEST ARKANSAS#DITION
Aikansaso. V05azette
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
Legal 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:
was inserted in the regular editions on
PO#
** Publication Charge: $
Subscribed and sworn to before me this
oq- day of 2004.
My Commission Expires: 071)SlaoQ
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
RECEIVED
cial Seal
SEAN M`ICH EL ARGO MAY 0 5 2N4
Notary Public -Arkansas CRYOFFAYEITEVILLE
WASHINGTON COUNTY
My Commission Expires 07-25-2013 Croy CLER <'S CFFICE
212 NORTH EAST AVENUE 9 P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700
ir •
OmmiftCt NO. 4"0
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Il10NGTON PARK
DNISON AS 0 SCRIBED ONTHEATTACHED MAP AND M•' _! f,�y•i
EGAL DESCR1RfION Y� •
NNNN40, the Oty Cosa hm the a+mxir/ antler A.C.A. '14-54.104 to vacate Wuic grounds'or
)"0008Ih W VAKh " not 1a dmd for CUPOM18 P)TPoeee, BM
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,spied tot corporate P4Poeee•,
"VI T"t"FORN, an R 0NDMNK0 NY TNi CRY COUNCIL OF T14! CRY OF
r;1; Tr NLCr ANKANIM:
Section t: That the OtY a fWadevNe, Admruas hereby veoatm end Obendons of a its rights togaher
with the rights of fhe Wok, genes*,, N Ond to the foBowing described aiNY ee wt:
See Ee" AAO stashed hereto and made A Pan Feteef.
and racOrtletl e
Section 2: That a CON Oi lhls D*wgc'tl* Oeaied by Ne C"''l " ots the map attaches
.., uvtlW. E d&" B. ehd ba MO in office a She PAwder ttw C,aeMY
atl ArppOyf0 ke620th dey of Ppd. 2004.
Iiii—coolm MEW
ATTEST:
SONDRA tMRN, Cb CMrk EXHBIT W
i/A0 04-03.00
_. __._._._.. ....,. v ACci Asa FWRASION TO
UNE OF
EAVE OF