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Home My WebLink AboutOrdinance 4762 EXHIBIT "A" VAC 05-1651 THE SOUTH 5.00' OF THE EXISTING 25.00' UTILITY EASEMENT ALONG THE NORTHSIDE OF LOT 69, PINE VALLEY SUBDIVISION PHASE IV, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER, WASHINGTON COUNTY, ARKANSAS. EXHIBIT " B " MA � GOLD DRvl� I ELEV. 1229. 30' S 897744" W 54. 21RAW O� .: � MMM W vrvirc vsuoa *-euw.,r \`o AREA TO BE ac h VACATED • 1 I \ +\ \ \+ \ h LOT 69 \ 39' SYCAMORE \ a z + TREk m o \ °° •+ Rte ' \ \+ �o \ \ oo \ .O \ ELEV. 1213.04' r\ r 0 20' 40' 60' GRAPHIC SCALE 1 inch ' = 20 ft. Washington County, AR I certify this instrument was filed on 11 /10/2005 01 :04:59 PM and recorded in Real Estate File Number 2005-00050773 Bette Stamps - Circuit Clerk by City of Fayetteville DSD Staff Review Form City Council Agenda Items or Contracts 20-Sep-05 City Council Meeting Date Jeremy Patei Planning Operations Submitted By Division Department ✓ Action Required: VAC 05- 1651 : (Petrino/Prince, 362/363): Submitted by Ed Prince, for property located at 3041 and 3043 Marigold Drive, Lot 69 of Pine Valley Phase IV. The property is zoned RMF-24, Residential Multi Family, 24 units per acre. The request is to vacate a portion of a utility easement crossing the subject property. $363.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department irec or Date Original Contract Date: n/a Original Contract Number: n/a City Received in City Clerk's Office F' anc and Internal Service Director Date Received in Mayor's OfficeEflTEAED Mayor , ate Comments: City Council Meeting of September 20, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To : Mayor and City Council Thru : Gary Dumas, Director of Operationd!: From : Jeremy C. Pate, Director of Current Planning Date: August 30, 2005 Subject: Easement Vacation for Petrino/Prince (VAC 05- 1651 ) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating the southern 5-feet of a 25-foot utility easement along the northwest portion of the subject property, as depicted herein. BACKGROUND The subject property is Lot 69 of Pine Valley Phase IV. The lot was platted with a 25 ' building setback and general utility easement for use along Marigold Dr. There were no objections from the utility representatives. The water main is located within the right-of- way and the sewer is located to the west of the lot. The building permit for this property was approved with the home located outside of all required building setbacks. A survey of the property conducted after construction of the home found that a wall that was constructed on the west side of the walkway protruded into the 25' utility easement and front setback (see attached photo). The wall was constructed along the walkway because of a significant drop in elevation along the west side of the structure. The applicant plans to apply for a variance for the encroachment into the front setback, if the utility easement vacation is approved. The applicant requests to vacate the southern 5-feet of the existing easement. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners. No objections were submitted. This item was heard at the regular Planning Commission on August 22, 2005 . The Planning Commission voted 6-0-0 to recommend this rezoning request to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 05- 1651 SUBMITTED BY ED PRINCE FOR PROPERTY LOCATED AT 3041 AND 3043 MARIGOLD DRIVE, 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 portion of platted utility easement is not required for corporate purposes./ NOW, THEREFORE, BE IT ORDAINED BY THEjCITY, COUNCIOF\ 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 parthereof. Section 2. That a copy of this Ordinance duly certified by-the City Clerk along with the map attached hereto aridk,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 this Vacation approval'Js,,subject to the condition of approval that furth r,development of this property shall not encroach within any existing easement or setbacks.`-j PASSED AND-APPROVED this day of 52005 . V � APPROVED: / By Dan Coody, Mayor v ATTEST: By Sondra Smith, City Clerk • i EXHIBIT "A" VAC 05-1651 THE SOUTH 5 .00' OF THE EXISTING 25 .00' UTILITY EASEMENT ALONG THE NORTHSIDE OF LOT 69, PINE VALLEY SUBDIVISION PHASE IV, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER, WASHINGTON COUNTY, ARKANSAS. �F EXHIBIT " B" • MAIIGOLD DRIVE ELEV. 1229. 30' S 89441144" W 54. 21 ' RAW ��O AREA TO BE g� VACATED : 1 �\ + \4j. \ \ \ OR: +\+ \ \ (e,� LOT 69 :RIPTION: \+\ \ \ \ 'INE VALLEY \ 1YETTEVILLE, +\+ \ y,9' SYCAMORE Z COUNTY, \+\ TRE o + \ 00 THIS EASEMENT \+\ \ • \ a. REDUCE THE FRONT T AND BUILDING SET BACK \+\ S Y THIS TO BE TRUE AND CORRECT KNOWLEDGE + AND BELIEF \ r9 \ DAY OF / � T 2005 . +\+ FSO \ . 00 i S TER + Hey \ STATE OF••; \+ \ ARKANSAS \ NO. 1532 .. \+ SMNATURE \ D. L L AN + 11+ unm" "ItELEV. 1213. 04' \+\ RE ON THIS SEAL IS NOT AN ORIGINAL +\ IN COLOR THEN IT SHOULD BE + THIS PLAT MAY HAVE BEEN ALTERED. :TIFICATION SHALL NOT APPLY TO ANY :S NOT BEAR AN ORIGINAL SEAL AND 0' 20' 40' 60' GRAPHIC SCALE 1 inch = 20 ft. ' � .c' 'wr.z..ablo�t ' .. . �' •wrrls.rgT.;.x.: � Te Pr Id \ \ \ AELI \l � I \ � 1 \ 51TFL PLAN < lot 69 ) ills 20 ' -0l , � K IN . IN f INNO IN =. .;tl' _ y. it .. .r. £ i -ice ,• J ✓ t 5 ""a'Ls + wf Lrt " SNA - 4';x twJ y cc w( 'fe :tom x ., ac,y. ks4 s.., t'v. Jxp x� '°y ♦ ,� "sq r 'Si•t -\ 5 ' Q 6 � MIl } �• q h4 y c s x'A5 y �� 4 rb ' \tom - "A 'L� •it r-F w E fit: u' S. t ,�;�*�y, x xt' '�"� 'S '� ,s�, _ " a,r- cz „ v* �-•yip ;}hy ,u .stt Y'ft T a a t's .•'I ";aax , P,n. 11 «. .�yq f I §•e.�t' { V,x �'+ ti+N,t• +1"r � e"'• . � .1,, r �.:i .�• �6@y . v f` x � y -� t i 4.0 1 : s." .t r, vet 9•F•y�Fy t r 4 ��'.y �.e� Y' y«; '��ia3+ a } � : i aye evl le PC Meeting of August 22 , 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 : Jesse Fulcher, Current Planner Brent O' Neal, Staff Engineer TI-IRU : Jeremy Pate, Director of Current Planning DATE : August 15, 2005 (VAC 05- 1651 : Vacation (Petri no/Pri nce, pp 362/363) Submitted by ED PRINCE for property located at 3041 & 3043 MARIGOLD DRIVE. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE. The request is to vacate a portion of a utility easement on the subject property. Findings: Vacating the portions of easement would not adversely affect access to the utilities serving the property or any other adjacent property. Background: The subject property is Lot 69 of Pine Valley Phase IV. The lot was platted with a 25' building setback and utility easement. The easement is for general utility use along Marigold Drive. Utility representatives have no objections to the requested vacation. The water main is located within the right-of-way and the sewer is located to the west of the lot. 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 a wall that was constructed on the west side of the walkway protruded into the 25 ' utility easement and front setback. The wall was constructed along the walkway because of a significant drop in elevation along the west side of the structure. The applicant is planning on applying for a variance for the encroachment into the front setback, if the utility easement vacation is approved. Request The request is to vacate the southern 5 'of the existing 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 comments. K:\Rc?ons\2005\PC Repons\08-22-05wac 05-1651 (Perrino Prince).DOC AEP/SWEPCO No Objections. SW Bell No Objections. Arkansas Western Gas No Objections. 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 05-1651 with the following condition: 1 . Further development of this property shall not encroach within any existing easements or setbacks. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: August 22, 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 KARepons\2005\PC Reports\08-22-05\Vac 05-1651 (Pelrino Prince).DOC