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HomeMy WebLinkAboutOrdinance 4719 ORDINANCE NO. 4719 AN ORDINANCE APPROVING VAC 05- 1521 SUBMITTED BY MICHAEL RALSTON FOR PROPERTY LOCATED AT 3450 NATCHEZ TRACE VACATING A PORTION OF A UTILITY 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 platted 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 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. Section 3 : That all affected public mains shall be re-routed at the expense of Mr. Ralston to the City of Fayetteville specification and accordance with adopted ordinances. PASSED and APPROVED this 5`h day of July, 2005 . �h69&1Y peG,p? APPRO _U0 • FAYETTEVILLE ' = By: DAN COODY, May %9sy ANSPOJ� ATTEST: �NTO By. SO SMITH, City Clerk IIIIIIIIIIIilllllllllllllllllllllilllllllllllllllllllilllillllllllllllllllllllll � Recorded : 08/23/200504 tT11 : 29 : 50 AM Fee Amt : $37 . 00 Paoe3 or 4 Mashlnoton County . AR Bette Stamps circuit Clerk F31e2005-00037062 EXHIBIT "Al' VAC 05-1521 ENCROACHMENT DESCRIPTION 'A ' A PART OF LOT NUMBERED EIGHT (8), SAVANNA ESTATES, PHASE III, FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 AN EXISTING IRON AT THE EASTERNMOST CORNER OF SAID LOT EIGHT (8); THENCE N43°22'2311W 136.78 FEET ALONG THE BOUNDARY OF SAID LOT EIGHT (8); THENCE LEAVING THE BOUNDARY OF SAID LOT EIGHT (8) S46037'37"W 62.23 FEET TO THE CORNER OF AN EXISTING ROOF EAVE FOR THE TRUE POINT OF BEGINNING; THENCE N81022'50"E ALONG SAID ROOF EAVE LINE 2. 19 FEET TO A POINT ON AN EXISTING THIRTY (30) FOOT BUILDING SETBACK AND UTILITY EASEMENT LINE, SAID POINT BEING ON A 245 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE AND CURVE 3 .83 FEET TO A POINT ON AN EXISTING ROOF EAVE LINE, THE CHORD FOR WHICH BEING S26012'53 "W 3 .83 FEET; THENCE N08°37' 10"W 3 . 15 FEET TO THE POINT OF BEGINNING. ENCROACHMENT DESCRIPTION 'B ' A PART OF LOT NUMBERED EIGHT (8), SAVANNA ESTATES, PHASE III, FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 AN EXISTING IRON AT THE EASTERNMOST CORNER OF SAID LOT EIGHT (8); THENCE N43°22'2311W 145 .82 FEET ALONG THE BOUNDARY OF SAID LOT EIGHT (8); THENCE LEAVING THE BOUNDARY OF SAID LOT EIGHT (8) S46037'37W 43 .63 FEET TO THE CORNER OF AN EXISTING ROOF EAVE LINE FOR THE TRUE POINT OF BEGINNING; THENCE N81038'36"E ALONG SAID ROOF EAVE LINE 6. 10 FEET TO A POINT ON AN EXISTING THIRTY (30) FOOT BUILDING SETBACK AND UTILITY EASEMENT LINE, SAID POINT BEING ON A 245 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE AND CURVE 9.77 FEET TO A POINT ON AN EXISTING ROOF EAVE LINE, THE CHORD FOR WHICH BEING S30051 '44"W 9.77 FEET; THENCE N07°46'43 "W 7.57 FEET TO THE POINT OF BEGINNING. ENCROACHMENT DESCRIPTION 'C' A PART OF LOT NUMBERED EIGHT (8), SAVANNA ESTATES, PHASE III, FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 AN EXISTING IRON AT THE EASTERNMOST CORNER OF SAID LOT EIGHT (8); THENCE S58°02'43 "W 119. 11 FEET TO A SET 1 /2" IRON REBAR AT THE SOUTHERNMOST CORNER OF SAID 119. 11 FEET TO A SET 1/2" IRON REBAR AT THE SOUTHERNMOST CORNER OF SAID LOT EIGHT (8), SAID POINT BEING ON THE NORTHEASTERLY RIGHT-OF-WAY OF NATCHEZ TRACE; THENCE N37°51 '37"W 44.58 FEET ALONG THE BOUNDARY OF SAID LOT EIGHT (8) AND SAID RIGHT-OF-WAY TO THE BEGINNING OF A 210.00 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 20.41 FEET ALONG SAID CURVE, LOT BOUNDARY, AND RIGHT-OF-WAY, THE CHORD FOR WHICH BEING N40038140"W 20.40 FEET; THENCE LEAVING SAID CURVE, LOT BOUNDARY, AND RIGHT-OF-WAY N46034' 16"E 27.39 FEET TO THE CORNER OF AN EXISTING ROOF EAVE FOR THE TRUE POINT OF BEGINNING; THENCE N08°20'29"W ALONG SAID ROOF EAVE LINE 4.49 FEET TO A POINT ON AN EXISTING THIRTY (30) FOOT BUILDING SETBACK AND UTILITY EASEMENT LINE, SAID POINT BEING ON A 240.00 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE AND CURVE 5 .50 FEET TO A POINT ON AN EXISTING ROOF EAVE LINE, THE CHORD FOR WHICH BEING S43038157"E 5 .50 FEET; THENCE S81039'31 "W 3 . 18 FEET TO THE POINT OF BEGINNING. , o n e � OF r p Z_ .1 W JL O i fizz ¢ w us5 UL W V a� _ � O • + I R .' voa oai yym 8 x 6zip ( c w ~ � g it .• ' � z - . •. . . 64 > �$ °per .g2ibW 110 ••g �:; z o a. K 8 P�% r• N V o�� Ii OUZ J 1 Wy _ 5 Y3� . _W � ••••• . • . . •� • YI ? LL Z Wim ; LL LL LL LLDO } y N y 'm � aRLL e� �a i th JG' 1 Washington County, AR I certify this instrument was filed on 08/23/2005 11 :29:50 AM and recorded in Real Estate File Number 2005-00037082 ett S ps - Circuit Clerk 02� • City Council i7eting of July 05, 2005 7/6105 Agenda Item Number 417 q CITY COUNCIL AGENDA MEMO V4 _ ? 6 To: Mayor and City Council // ' wckvz� orf ¢_ Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 15, 2005 Subject: Easement Vacation for Ralston (VAC 05- 1521 ) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating three portions of a 30-foot utility easement along the northwest and southwest sides of the subject property, as depicted herein. BACKGROUND The subject property is Lot 8 of Savanna Estates, Phase 3 . This property is a corner lot and fronts a public street to the northwest and southwest. The lot was platted with a 30' building setback and general utility casement for use along Natchez Trace and Williamsburg Lane. There are existing utilities located within this easement. The building permit for this property was approved with the home located outside of all required building setbacks. A survey of the property was conducted after construction of the home and the owner found that three corners of the home protruded into the 30' utility easement. From comments provided by the utility companies, no utilities require relocation due to the small encroachments. The applicant requests to vacate three portions of an existing utility easement where encroached by the existing structure and 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 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 June 13, 2005 . BUDGETIMPACT None. i ORDINANCE NO. AN ORDINANCE APPROVING VAC 05- 1521 SUBMITTED BY MICHAEL RALSTON FOR PROPERTY LOCATED AT 3450 NATCHEZ TRACE VACATING A PORTION OF A UTILITY 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 rounds or portions thereof which are not required for co orate ` & g p q rp purposes, and WHEREAS, the City Council has determined that the following described platted utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINEDBY THE CITY COIL NCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City of Fayetteville, Arkansas re eby vacates and abandons the following described utility easement: See Exhibit "A" attached hereto nd made a part ere f. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit `B"%hallbe file x the office of the Recorder of the County and recorded in the-Deed Records of the County. Section 3 : Th`at all affected public mans, shall be re-routed at the expense of Mr. Ralston to the City of Fayetteville1specification and accordance with adopted ordinances. PASSED and APPROVED this day of 2005. APPROVED: �,. By: DAN COODY, Mayor ATTEST: / By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 05-1521 ENCROACHMENT DESCRIPTION 'A ' A PART OF LOT NUMBERED EIGHT (8), SAVANNA ESTATES, PHASE III, FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX—OFFICIO RECORDER OF WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENC G.AT AN EXISTING IRON AT THE EASTERNMOST CORNER OF SAID LOT EIGH (8); THENCE N43°22'23 "W 136.78 FEET ALONG THE BOUNDARY OF SAID LOT EIGHT (8)• THENCE LEAVING THE BOUNDARY OF SAID LOT EIGHT (8) S46037'37"W 6223 FEET TOO THE CORNER OF AN EXISTING ROOF EAVE FOR THE TRUE POINT OF EGfINING; THENCE N81022'50"E ALONG SAID ROOF EAVE LINE 2. 19 FEET TO A POfN ON AN EXISTING THIRTY (30) FOOT BUILDING SETBACK AND UTILITY EASEMENT TINE, SAID PO IN EING ON A 245 FOOT RADIUS CURVE WHICH IS CONGA +E TO THE SOUTHEAST; T�FIENCE SOUTHWESTERLY ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE AND CURVE 3 .83 FEET TO A POINT ON AN EXISTING ROOF EAVE LINE, THE CHORD FOR WHICH BEING S26012'53 "W 3 .83 FEET; THENCE N08 37' 10"W 3 . 15 FEET TO THE POINT OF BEGINNING. ENCROACHMENT DESCRIPTION 'B ' A PART OF LOT NUMBERED EIGHT (8), SAVANNA ESTATES, PHASE III, FAYETTEVILLE, ARKANSAS, AS PER PLATON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX—OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESC BED AS FOLLLMOWS : COMMENCING AT AN EXISTING IRON AT THE EASTERNMOST C©RNER OF SAID LOT EIGHT (8); THENCE N43°22'23 "W 145.82 FEETIALONG TE BOUNDARY OF S ID LOT EIGHT (8); THENCE LEAVING THE BOUNDARY OF SNEI IGHaT (8) S46037137"W 43 .63 FEET TO THE CORNER OF AN EXISTING ROOF EFORT IDTRUE POINT OF BEGINNING; THENCE N81 °3 '36" F ALOOOF EAVE LINE 6. 10 FEET TO A POINT ON AN EXISTING THIRTY (3 ) FOOT BUILDING SETBACK AND UTILITY EASEMENT LINE, SAID POINT BEING ON k24 FOOT RAIUS CURVE WHICH IS CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LIN4NDD G RVE 9.77 FEET TO A POINT ON AN EXISTING ROOF EAVE LINE, THE CHORD FOR WHICH BEING S30051144"W 9.77 FEET; THENCE N07046'43 "W 7. 57 FEET TO THE POINT OF BEGINNING. • r ENCROACHMENT DESCRIPTION 'C' A PART OF LOT NUMBERED EIGHT (8), SAVANNA ESTATES, PHASE III, FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 AN EXISTING IRON AT THE EASTERNMOST CORNER OF SAID LOT EIGHT (8);,.THENCE S58°02'4311W 119. 11 FEET TO A SET 1 /2" IRON REBAR AT THE SOUTHERNMOSTkCORNER OF SAID td„ LOT EIGHT (8), SAID POINT BEING ON THE NORTHEASTER *Y RIGHT-OF-WAY OF NATCHEZ TRACE; THENCE N37°5 F3 7W 44.58 FEET ALONG BOUNDARY OF FgV SAID LOT EIGHT (8) AND SAID RIGHT-OF-WAY TO THE �BEGINN.1MG OF A 210.00 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE SOU4T" WEST; THENGGE NORTHWESTERLY 20.41 FEET ALONG SAID CU LOT BOUNDA WND RIGHT-OF-WAY, THE CHORD FOR WHICH BEINaG.,�N40°38'40"W 20.40 FEET; TiHENCE LEAVING SAID CURVE, LOT BOUNDARY, ND KIGHT O WAY N46°34' VE 27.39 FEET TO THE CORNER OF AN EXISTING ROOF EAVE FOR THE TRUE PINT OF BEGINNING; THENCE N08°20'29"W ALONG SAID ROOF,„EAVE LINE 4.49 FEET TO A POINT ON AN EXISTING THIRTY (30)�F OT BUILDING SETBACK AND UTILITY EASEMENT LINE, SAID POINT BEING A tl 240.00 FOOTS `➢ US CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THE " CES T • EASTE ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT L E AND C RAVE 5.50 FEET TO A POINT ON AN EXISTING ROOF EAVE LINE THE CHORD WHICH BEING S43038'57"E 5.50 FEET; THENCE S81039'3I "We3y18 FEETTTO THE POINT OF BEGINNING. /f .41 t , , LC PC Meeting of June 13 , 2005 ARKANSAS THE. CITY OF FAYETfEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate., Director of Current Planning DATE: June 7, 2005 VAC 05-1521 : Vacation (Ralston, pp 256) was submitted by Michael Ralston for property located at 3450 Natchez Trace. The property is zoned RSF-4, residential single family, four units per acre. The request is to vacate a portion of the utility easement along at three corners of the structure that encroaches into the easement. Findings: Vacating the portions of easement would not adversely affect access to the property or any other adjacent property. Background: The subject property is Lot 8 of Savanna Estates, Phase 3 . This property is a corner lot and fronts a public street to the northwest and southwest. The lot was platted with a 30' building setback and general utility easement for use along Natchez Trace and Williamsburg Lane. There are existing utilities located within this easement. The building permit for this property was approved with the home located outside of all required building setbacks. A survey of the property was conducted after construction of the home and the owner found that three comers of the home protruded into the 30' utility easement. From comments provided by the utility companies, no utilities require relocation due to the small encroachments. Request: The request is to vacate three small portions of an existing utility easement. 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 No Objections. Cox Communications No Objections. AEP/SWEPCO No Objections. SW Bell No Objections. KA Repor[s\2005\PC Reports\06-13-05\VAC 05-1521 (Ralston).doc Arkansas Western Gas AWG has no service lines in the easement in question and acknowledges the encroachment. See attached comments. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste 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. Recommendation: Staff recommends approval of the proposed utility easement vacation VAC 05-1521 with the following condition: 1 . Further development of this property shall not encroach within any existing easement. PLANNING COMMISSION ACTION: yes Required Date: —Approved n /Denied June 13, 2005 +®islaon 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: K:\Reports\2005\PC Reporls\06-13-05\VAC 05-1521 (Ralston).doc 161.07 District Rsf-4, Residential Single-Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. ( 1 ) Permitted uses. II Unit 1 I City-wide uses by right 11 Unit 8 1 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellin s dwellin s Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellin s dwellin s Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. Front Side Rear 25 ft. 8 ft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) K:\Reports\2005\PC Reports\06-13-05\VAC 05-1521 (Ralston).doc