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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. • G iwG�r m w Z Z Z w O��pw O (l'N� wT Jo f m :9 ig H N J V V D w0m .m bo o o `n� Pro O I toy T ZS.B,• — m < � � .�,�a flzq y � o��, Q51y On '^O �T (P) s� 29' 3 a y, u �na�<< R>'9,fAEHzo>i Sze „ y n b ay,p� OZO ,u„O Ml fl b b bi cnoy'�y]z 'X ''�Eo2 ° i o NErTi,B"'ii0 0 �O�Zv o Odd..............o'- Ym m N i ,�c,S............ .•: �f^�y"'1 �nm z8T,nyWy o a (� ¢i 8ivo bo Ho i�z 2 1 hp� jgznm�n � o A 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 EANDON A 'AC Qnm.00 t0 VncAiE uro ANrE7gB�T1.nNc6� uU,Vi]It1TY FASEMEM 0 ALLOW F � OF AN y..i........ HOME AT PHASE I 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 KHMMAN, " Cky Could tree de wTw ed eel the fokr+lr0 dwxleed iRMY eesanak'0 na ,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