HomeMy WebLinkAboutOrdinance 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.
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APPROVED
��G••�,\SY OF •G.p�i
. U • • A :
E ; FAYETTEVILLE ; _ By.
��i•, 5 : D COODY, Mayor
9: * * see
ATTEST: „ J2�.
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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
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SUBJECT PROPERTY
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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
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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
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