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Home My WebLink AboutOrdinance 4703 ORDINANCE NO, 4703 AN ORDINANCE APPROVING VAC 05- 1440 SUBMITTED BY JEFF MARTIN FOR PROPERTY LOCATED AT 3565 NATCHEZ TRACE, SAVANNA ESTATES, VACATING A PORTION OF A DRAINAGE EASEMENT AS INDICATED 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 portion of platted drainage casement 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 the following described drainage 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 17th day of May 2005. �%%� RK/TRE9S,,� APPROVED ��G••�,\SY OF •G.p�i . U • • A : E ; FAYETTEVILLE ; _ By. ��i•, 5 : D COODY, Mayor 9: * * see ATTEST: „ J2�. ''.,;vGTO � By: S NDRA SMITH, City Clerk 1111111 loll III Doc ID : 008612770003 TVDS : REL Recorded : 06/20/2005 at 02 : 34 : 28 PM Fee Amt : $14 . 00 Page 1 of 3 Washington county . AR Bette Stamoe circuit clerk F1Ie2005-00026492 EXHIBIT "A" VAC 05-1440 A PART OF LOT NUMBERED TWENTY-SEVEN (27), SAVANNA ESTATES, PHASE III, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT TWENTY-SEVEN (27), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N58°17'54"W 20.00 FEET ALONG THE NORTH LINE OF SAID LOT TWENTY-SEVEN (27) TO A POINT ON THE WEST LINE OF AN EXISTING TWNETY (20) FOOT WIDE DRAINAGE EASEMENT; THENCE S31038'45"W 67.02 FEET ALONG THE WEST LINE OF SAID EASEMENT TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE ROOF OVERHANG OF A PROPOSED HOUSE ADDITION; THENCE ALONG SAID ROOF OVERHANG, THE FOLLOWING BEARINGS AND DISTANCES: S58014'52"E 4.25 FEET; S31045'08"W 7. 10 FEET; S58014'52"E 1 .51 FEET; S31045'08"W 19.22 FEET; N58014'52"W 1 .50 FEET; 531027'32"W 32.95 FEET; N58014'52"W 4.31 FEET TO A POINT ON THE WEST LINE OF SAID EASEMENT; THENCE N31038'45"E 59.28 FEET TO THE POINT OF BEGINNING, CONTAINING 280.4 SQUARE FEET, MORE OR LESS. VACeUpVieW 0 c�o5up View WAITSMAN P° r \�. RSF-0 � RSF4 I I SUBJECT PROPERTY \ / I RS" \ \ Overview Legend __ _ _ 0003 MVAC05-1440mooWov" Oew ® PdndpNAnWM — FLOODWAY W)YEAR Matter SM1M Pim WOMEN MY Anidei — 10DYEAR -- LIMIT OF STUDY Mzdsr SM1ttt Pith de de D UG - — - BafeI FreextylExpratsaay 6600 Rbowk Cotecior Fayetteville Oubioe Gry 0 50 100 200 300 Feel EXHIBIT %% ^ 11 Washington County, AR I certify this instrument was filed on 08/20/2005 02:34:28 PM and recorded in Real Estate File Number 2005-00028492 Bette Stamps - Qrcuit Clerk by 04u 5/ 0 / oS City Council Meeting of May 17, 2005 � 7 3 Agenda Item Number CITY COUNCIL AGENDA MEMO rtluf�SlllaN To: Mayor and City Council 35(o6' Alc,fez%, Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: April 28, 2005 Subject: Easement Vacation for Waitsman (VAC 05- 1440) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a 20-foot drainage easement along the east side of the subject property, as depicted herein. BACKGROUND In 1994 a Final Plat for Savannah Estates Ph. III was filed with the county, recording all rights-of-way, utility and drainage easements deemed necessary for the development. The subject lot, Lot 27 or 3565 Natchez Trace, was platted with a 20-foot side drainage easement along the eastern property line. A home exists on the property, and the owner is in the process of seeking a vacation request to vacate a portion of the existing drainage easement in order to construct an addition. The easement is a drainage easement, and not a general utility easement, therefore only those affected and having access to the easement (City Engineering, Water/Wastewater and Transportation divisions) reviewed the request. There is an existing 30" concrete drain pipe in the easement. Access will need to be maintained for regular maintenance of the pipe, and city staff has evaluated the request accordingly, finding that access to do so with the vacation is acceptable. Request: The applicant requests to vacate a portion of an existing utility easement to allow for an addition to a residential structure, as described and depicted in the attached documents. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners. No objections were submitted. Conditions as requested and pertinent to the subject request are included as a condition of approval . The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval of the vacation request at the regular meeting of April 25, 2005. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 05- 1440 SUBMITTED BY JEFF MARTIN FOR PROPERTY LOCATED AT 3565 NATCHEZ TRACE, SAVANNA ESTATES, VACATING A PORTION OF A DRAINAGE EASEMENT AS INDICATED 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 portion of platted drainage 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 the following described drainage 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 12005. APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 05-1440 A PART OF LOT NUMBERED TWENTY-SEVEN (27), SAVANNA ESTATES, PHASE III, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID LOT TWENTY-SEVEN (27), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N58°17'54"W 20.00 FEET ALONG THE NORTH LINE OF SAID LOT TWENTY-SEVEN (27) TO A POINT ON THE WEST LINE OF AN EXISTING TWNETY (20) FOOT WIDE DRAINAGE EASEMENT; THENCE S31 °38'45 "W 67.02 FEET ALONG THE WEST LINE OF SAID EASEMENT TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE ROOF OVERHANG OF A PROPOSED HOUSE ADDITION; THENCE ALONG SAID ROOF OVERHANG, THE FOLLOWING BEARINGS AND DISTANCES : S58014'52"E 4.25 FEET; S31045'08"W 7. 10 FEET; S58014'52"E 1 .51 FEET; S31045'08"W 19.22 FEET; N58014'52"W 1 .50 FEET; S31027'32"W 32.95 FEET; N58014'52"W _ 4.31 FEET TO A POINT ON THE WEST LINE OF SAID EASEMENT; THENCE N31`038145"E 59.28 FEET TO THE POINT OF BEGINNING, CONTAINING 280.4'SQUARE\FEET, MORE OR LESS . aye evl le PC Meeting of April 25 , 2005 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Jeremy Pate, Director of Current Planning DATE: April 19, 2005 VAC 05- 1440 : (WAITSMAN, 295): Submitted by J . JEFF MARTIN for property located at 3565 NATCHEZ TRACE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acres. The request is to vacate a portion of a 20' drainage easement along the east side of the subject property. Property Owner: BILL WAITSMAN Planner: JEREMY PATE FINDINGS : Background: In 1994 a Final Plat for Savannah Estates Ph. III was filed with the county, recording all rights-of-way, utility and drainage easements deemed necessary for the development. The subject lot, Lot 27 or 3565 Natchez Trace, was platted with a 30-foot front utility easement and a 20-foot side drainage easement along the eastern property line. A home exists on the property, and the owner is in the process of seeking a vacation request to vacate a portion of an existing drainage easement. The easement is a drainage easement, and not a general utility easement, therefore only those affected and having access to the easement (City Engineering, Water/Wastewater and Transportation divisions) reviewed the request. There is an existing 30" concrete drain pipe in the easement. Access will need to be maintained for regular maintenance of the pipe, and city staff has evaluated the request accordingly. Request: The applicant requests to vacate a portion of an existing drainage easement to allow for an addition to a residential structure. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections Engineering No Objections. Public Comment: The applicant has submitted the required notification forms to the adjacent property owners. Adjacent property owners had no objections to the proposed vacation. K:\Reports\2005\PC Repons\04-25-05\VAC 05-1440 (Waitsman).doc 0 0 Recommendation: Staff finds that vacating the requested portion of the subject drainage easement would not adversely affect access to the easement or any other easement. Staff recommends approval of the proposed drainage easement vacation VAC 05- 1440, with the following condition: 1 . No structure or portion of a structure, including the overhang of any roof, shall encroach into the remaining drainage easement. Only that area as described by legal description and depicted herein shall be vacated by this request. PLANNING COMMISSION ACTION : yes Required Approved Denied Date: April 25, 2005 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: KARepons\2005\PC Reports\04-25-05\VAC 05- 1440 (Waitsman).do MARTIN IOSION BOMf BBIl. ofRS N58 Iasi loge Blvd. Suite 8 lagetlevilte RR 12103 511-3350 fax 511-3118 martincuslamhomebuil iers.cam February 18, 2005 To whom it may concern: The owner of subject property at 3565 Natchez Trace Fayetteville, AR 72703- Lot 27 Phase III in Savannah Estates, Bill Waitsman desires to add on to his existing residence. The addition would require an encroachment of 4 feet or less into the 20 foot drainage easement on the east side of the subject property (see site plan). incerely, J. Jeff in Martin Custom Home Builders, Inc Representative for Bill Waitsman V�SiCiFjp� fine craftsmen building homes and relationships hq stewarding the twsl of families � 08 05 03 : 21p Rick West 479 - 251 - 8522 p . 2 G� ti4Tc Nsee,� yF2 T .Aq\0`. q 9k � \p y � 2P60 y ss9 "O• i� 64 eyn. 2 lc?30Ch• LOT NUMBERED TWENTY-SEVEN (27), SAVANNA ESTATES, PHASE III, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. OWNER: BILL WAITSMAN ADDRESS: NATCHEZ TRACE ? n> .c;: <z.;s LEGEND d <; ONG DISTANCE !14 52 4.25 I'45 08 .10 LOT NUMBERED TWENTY-SEVEN (27), SAVANNA ESTATES, PHASE III, A SUBDIVISION TO r14 52 11 .51 THE CITY OF FAYETTEVB.LE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN 1745 OB 19.22 THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON T14 52 1 .50 COUNTY, ARKANSAS. 1'2732 32.95 S 14 52 4.31 25.0' RLSN 005 • d S8 r. �0 es9 si 01 9<sA 0 \ CONN CRETE � 89 SIDEWALK 34.2' 6^ ry'y, 19.5' z pQ' • 2-STORY b1 �h BRICK HOUSE s° _ = � ' �: a:' O4 °r #3565 �g r L2LJ ti A) 4� e L4 c) .�j OVERHANG g J611 ; ry �. LOT 27 '�ok� 0.44t ACRES �a �/. cs 0.011 ACRES 1 .4• 280.41 SQ. FT. Ll N y ul 7 • '►'sem. .'�0� . oL oO� Soso �ps ?000 �,tif. of 2p . RLS #1005 IAI :ED D�NAGE EASEMENT VA CA TION EASEMENT VACATION `' ISTER�� OF LOT NUMBERED TWENTY-SEVEN (27), SAVANNA ESTATES, PHASE BI, A t F Torr... Tn Tfm r•TI nr. r . � ..�-rrvn . r. • Dv .Xrc . V A oRo of AT ng CAM —••STATE 0 • . 00� aomH�ooNc9z aU,, 17� 0�rfd0,�y 'oe yyO�CZ M-1 0<0�AhiArwoozzES�O PIZ z y- a a No .n6 y4 Oy yKOO�� NN rn .o iAo�uN,OCzi CynO"z'p� m-HC� `��f w n m m m '4 w o ••••----1]]I N pGi� C _ HOo b0Mz "'j0nm Hbwww°HN�o0 tr10 O 00n ti ZONcio 0Ntb,J'o((nc""zr7'.9.3 •j"N O.wii!:flHI O•o n BOO �'iS�T 2 [�mmmm i X 1+.O N 00 O -1 ' . D ° • P y > • J • hn� VAC05-1440 Close Up View SUBJECT PROPERTY I Overview WAITSMAN n l p as ® VAC05-1440 Mater Stmt Pon MW ArlaM Master Street Plan — — Coin, i— FreeweyIExp sway a... Wstraic ColeOar 0 1 50 100 *t l R000WAY 500 YEAR 100 YEAR -- =JMR OF STUDY — - BaeLMe Profile Fayetteville m,<%Oeblae City x%Alk/l 1 11& • City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 17 -May -05 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 05-1440: (WAITSMAN, 295): Submitted by J. JEFF MARTIN for property located at 3565 NATCHEZ TRACE, SAVANNA ESTATES. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acres. The request is to vacate a portion of a 20drainage easement along the east side of the subject property. n/a Cost of this request n/a Account Number n/a Project Number Budgeted Item Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budget Adjustment Attached -2 .0s ep ment Director Date z -0s City ttorney J-3_ Finance d Internal Service Director Date Program Category / Project Name n/a Program / Project Category ryName n/a p1G1.I i;iii1: Previous Ordinance or Resolution # n/a Original Contract Date: n/a Original Contract Number: n/a Received in City Clerk's Office ?a e5 Received in Mayor's Office EN ERE S/ a Mayor Date Clarice Pearman - Ord. Nos. 4701, 4702, 47 4704 4705 and 4706 Page 1 From: Clarice Pearman To: Pate, Jeremy Subject: Ord. Nos. 4701, 4702, 4703, 4704, 4705 and 4706 Jeremy, Attached are copies of the above ordinance passed by the City Council, May 17, 2005. CC: Goddard, John; Jorgensen, Todd; Randall, Clyde 4 Ej t( 1 Isi jIi lc__ "Novtkcvest f4rrka t as' Most Widely Read Newspaper" AFFIDAVIT OF PUBLICATION I, Erin Emis, do solemnly swear that I am the 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: $ _ILO3.LO Subscribed and sworn to before me this day of _____________,2005. A Da 1l_ c QQcQn� Notary Public ' Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas may Commission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED JUN 06211D5 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 S • A 05-1440 SUB. ERTY LOCAT- LEGAL ARKANSAS WHEREAS, the ON Coiud has the aulhalty uiider'A.CA. § 14.54-104 to vacate polio Brotinos a pon cne'thaaol wTEh are na regAmd for corporate p M0seS. sit WHEREAS, the City Cord has detamied that the folov�,g deetnbed potion of pIHNd drugs easement is not mgdred for corrpoat9 purposes. NOW, THEREFORE1 BE IT,OROAINED. BY THE. CITY COUNCIL OF THE CRY OF FAYET- TEVILLE, ARKANSAS Section.1:. That ft City of hereby vacates end aba dort doe tolm'4rg desabed drainage a cement: ..� BOB Eetlbt'A .anactetllrereto and mate a part hereof. ,Section 2:.. That a copy of IMs Ordinance d* ceafled by the City Clerk slag with the map attached hereto and.gdod Eddbh 'B' stai•be'ded In.Be office of the Reooroa a1 the County nit recorded h 1he.Deed Records oflhe C n9.. PASSED nd APPROVED the 1701 day of May 2005. APPROVED: By: DAN COODY, MAYer ATTEST By SONORA SMITH, City Clrk EXHIBIT'A' VAC 051440 PART OF LOT NUMBERED TWENTY-SEVEN,(27(, SAVANNA ESTATES, PHASE III, A SUBDMSION 3 THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE FRCE OF THE ORCUTr CLERK AND EXOFFICI0 RECORDER OF WASHINGTON COUNTY. WA 4SAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: DMMENCING AT THE NORTHEAST CORNER OF SAD LOT TWENTY-SEVEN (27(. SAID POINT BNG AN EXISTING IRON RESAR; THENCE N58D1754W 20.00 FEET ALONG THE NORTH UNE OF NO LOT iWENIY-SEVEN 1271 TO A POINT ON THE WEST UNE OF AN EXISTINGTWNETV (20) FOOT PROPOSED HOUSE ADDITION; THENCE ALONG SAID ROOF OVER WNG, THE FOLLOWING BEAR- INGS AND DISTANCES: S58°14'52E 4.25 FEET; ' S31°45.08W 7.10 FEED, 558°14'52E 1.51 FEET. S31°4508W 19.22 FEET; N58°14'52W 1.50 FEET; 531°27'32W 32.95 FEET, N58°14'52W 4.31 FEET TO A POINT ON THE WEST UNE OF SAID EASEMENT; THENCE N31°38'45E 59.28 FEET TO THE, POINT OF BEGINNING. CONTAINING 280.4 SQUARE FEET. MORE OR LESS. E#tibk'Bmay be vloMtri In the office of the Oty Clerk