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Home My WebLink AboutOrdinance 4802 EXHIBIT "A" VAC 05-1784 SURVEYDESCRIPTION LOT NUMBERED TWENTY-FIVE (25), CHARLESTON PLACE, 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. AREA OF EASEMENT TO BE VACATED A PART OF LOT NUMBERED TWENTY-FIVE (25), CHARLESTON PLACE, 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 SOUTHWEST CORNER OF SAID LOT TWENTY-FIVE (25), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N39041 ' 32"W 24.76 FEET ALONG THE WEST LINE OF SAID LOT TWENTY-FIVE (25); THENCE LEAVING THE WEST LINE OF SAID LOT TWENTY-FIVE (25), N50018'28"E 5 .74 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF AN EXISTING WOOD DECK; THENCE N36° 10'43"W 26. 10 FEET TO THE NORTHWEST CORNER OF SAID DECK; THENCE N53°49' 16"E 2.66 FEET ALONG THE NORTH SIDE OF SAID DECK TO A POINT ON THE EAST LINE OF AN EXISTING TEN ( 10) FOOT WIDE UTILITY EASEMENT; THENCE S39041 ' 32"E 26. 15 FEET ALONG THE EAST LINE OF SAID EASEMENT TO A POINT ON THE SOUTH SIDE OF SAID DECK; THENCE LEAVING THE EAST LINE OF SAID EASMENT, S53°49' 17"W 4.26 FEET ALONG THE SOUTH SIDE OF SAID DECK TO THE POINT OF BEGINNING, CONTAINING 90.4 SQUARE FEET, MORE OR LESS. �X�xr��r • ug ,, u sar i ' N53'30T30 . . . . 3. 0' . . . . . 12' ALLEY ' . . , , . N1T29.59�EI LOT 25 53.57' s' I� 0.091 ACRES 3,867.51 SQ. FC. rxL I. ild . . 20.24 'aM.� �o. ` ♦ %h ww COR. LOT 23 L4 Oj , •( 0a Tse Ll M AHHATOYACATH 90At SQFr. LOT 24 . . p~� C� m L 21.65 Ot R=175.00' S4653.29w .. 0.. . 19.05' •` m Y Lm12.30' y w p R 125.00' i A i p 3 a (D^ 10A: j Q C IIJ p V fIIF SRSDTWHMYi1VBOSA C[IAPIF9i0xeiwC6 wSU0DMS10NlO rfi6 ��s', 9LAN . I . CH OFFAVHr MVU11LARKANSAS.MMMTOF9Am5000M1TgNMN `rI ` ..,... 2; 0) N m p V wnssoFFrcR°F Ts��cotr�cANO HxaeFrcn eFmouoe 0`Y^7L LT / C E m 9 2 WA51@IOIONCOUMY.AHCANSAS. cm 2 •n p U A 0FffAXWMWTn RaF w � C p APMT°P NI°O1I TWpiiV}1VSMLCHARLEj KACB.A („) C C> .0 N N y�gpry�ypx TOl11BCCTYOF FAYHTiSVHiB, ARKANSA9,N PEYMTOF SA01 . C .Vl 0) m d SHaD1V13fON ON F09 wlNS OFF1Oe OFTFKANM 1RaSRKAIIDE%-0FFItlO 0 Y O '2 .p E RECORDER OP WA9NR!°FON OO(INIY,AN.AHSAF.HHRJ°WIsoPARrKIMRI.v oo m OEscamsons Fouows:OOPO.ffi+CwOwr'O0:s0HnTrmrmRxssoF SAm • EXIST. NAIL IN HOLE C �N J j � f.Ol'1\V011it'i1VE F19L SAw POOTTBEOW AN B%I41w°OIONR®AR:ltaixOS :E N CMm Z Nl9•JI']T'WN.TAFESTALONOTHSWSSTL00SOPSAID[DTTWFMI'+lVa(29k O SET 1 /2" IRON REBAR N IlRweISAVOAl ll6 WEST fu.Vi OP SAm1UTTWENIYiIVG°S�,xi019'lF'E 3 u a LL m sa' essTT°"a;TR'm"°"'F°F eE°Rmvwc.swm roOrreHOJcrxe • EXISTING IRON PIN SOOTFIN'EST CORNmOFAN P]O9Tw0 V,tl0D0Ep( i(ffIJLL NM`IR•JTW]E.19 FEerTo n�xonrxwHrrmReo-aassAmo�n°Nmxvvr�Ra:se s+xr + COMPUTED CORNER ' ALONG iI®NOR1H9(OHOFAwm oaC[TOwPORJr ON 2�0PASFfL60P wN EnsFa/O mtJOoss°OTWmevrem sAsamJr,rsaa+caawi�e�a.0 —X— • FENCE LINE FGErAwxa nw sAsrsaaGFswm EASF�mrrTOA rowroNrsmsourx smH 0' 20' 40' 60' of 9Am OECR; li°NCS LSAVwG 1103 GR LwEOP SAm6ASH�JT,s1l•J9•ITW J.Ni PHLTALONO THH SOORISwHOFSAO)OHCCTO i91BFOwTOR aSGOUID/O. CONTAwwG VOA SQUARE FEST.YORG Ol IGS9. Adan Reid Ji Associates DATE: 081011051 RERSBD: PROTECT N0. 1f SouOJ CoOepe doFSJw SCALE. I "AZO• I DRAWN BY., JCC 1 05314 Foy." 421) „4-„'8F 'z'°I (na) ...-era. BILL BOSS o�c> City of Fayetteville Staff Review Form City Council Agenda Items 1pi OS - / 7gq or Contracts , . J)r/ VL 6-Dec-05 City Council Meeting Date Jeremy Pate . Planning Operations Submitted By Division Department Action Required: VAC 05- 1784: (Four Seasons Sunrooms, 370): Submitted by Four Seasons Sunrooms, for property located 1586 East Amber Drive. The property is zoned RSF-4, Residential Single Family, 4 units per acre. The request is to vacate a portion of a utility easement on 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 Category Name n/a n/an/a $ F::::: Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached O Previous Ordinance or Resolution # n/a Dep tment D rector Date Original Contract Date: n/a (� Original Contract Number: n/a City Attorney Received in City Clerk's Office Financ and Internal Service Director Date �j��, Received in Mayor's Office -�-`-1-�� Ell Mayor Date Comments: City Council Meeting of December 6, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations pp From: Jeremy C. Pate, Director of Current Planning§ Date: November 15, 2005 Subject: Easement Vacation for Four Seasons Sunrooms (VAC 05- 1784) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a 20-foot utility easement as depicted herein. BACKGROUND The subject property is 1586 East Amber Drive, Lot 25 of Charleston Place Subdivision Planned Unit Development. The lot was platted with a 20-foot utility easement between lots 24 and 25. There were no objections from the utility representatives to the requested easement vacation. A survey of the property conducted prior to obtaining a building permit for an addition to the home revealed that a porch on the west side of the home protruded into the 20-foot utility easement. Photos and a survey of the site are attached to this report. The applicant desires to construct an enclosed sunroom over the porch, and a building permit may not be issued unless the utility easement is vacated. The applicant requests to vacate 90.4 square feet of the existing easement under the existing porch. 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 November 14, 2005 . The Planning Commission voted 8-0-0 on its consent agenda to recommend this vacation request to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 05- 1784 SUBMITTED BY FOUR SEASONS SUNROOMS FOR PROPERTY LOCATED AT 1586 EAST AMBER DRIVE VACATING 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 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 this Vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendations for the City of Fayetteville. Section 4. That further development of this property shall not encroach within any existing easements or setbacks. PASSED AND APPROVED this day of 12005. APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 05-1784 SURVEY DESCRIPTION LOT NUMBERED TWENTY-FIVE (25), CHARLESTON PLACE, 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 . AREA OF EASEMENT TO BE VACATED A PART OF LOT NUMBERED TWENTY-FIVE (25), CHARLESTON PLACE, 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 SOUTHWEST CORNER OF SAID LOT TWENTY-FIVE (25), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N39041 ' 32"W 24.76 FEET ALONG THE WEST LINE OF SAID LOT TWENTY-FIVE (25); THENCE LEAVING THE WEST LINE OF SAID LOT TWENTY-FIVE (25), N50018 '28"E 5.74 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF AN EXISTING WOOD DECK; THENCE N36° 10'43"W 26. 10 FEET TO THE NORTHWEST CORNER OF SAID DECK; THENCE N53°49' 16"E 2 .66 FEET ALONG THE NORTH SIDE OF SAID DECK TO A POINT ON THE EAST LINE OF AN EXISTING TEN ( 10) FOOT WIDE UTILITY EASEMENT; THENCE S39041 ' 32"E 26. 15 FEET ALONG THE EAST LINE OF SAID EASEMENT TO A POINT ON THE SOUTH SIDE OF SAID DECK; THENCE LEAVING THE EAST LINE OF SAID EASMENT, S53049' 1 T'W 4.26 FEET ALONG THE SOUTH SIDE OF SAID DECK TO`THE POINT OF BEGINNING, CONTAINING 90.4 SQUARE FEET, MORE OR LESS. TayPC Meeting of November 14, 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: Andrew Garner, Senior Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November 7, 2005 VAC 05-1784: Vacation (FOUR SEASONS SUNROOMS, 370): Submitted by FOUR SEASONS SUNROOMS for property located at 1586 E AMBER DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.09 acres. The request is to vacate a portion of a utility easement on the subject property. Property Owner: WAYNE & CARMEN LEE Planner: ANDREW GARNER Findings: Staff finds that 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 located at 1586 East Amber Drive, Lot 25 of Charleston Place Subdivision Planned Unit Development. The lot was platted with a 10' utility easement along the western side of the lot. The overall 20' easement is for general utility use between lots 24 and 25. Utility representatives have no objections to the requested vacation. A survey of the property conducted prior to obtaining a building permit for an addition to the home revealed that a porch on the west side of the home protruded into the 10' utility easement. Photos and a survey of the site are attached to this report. The applicant desires to construct an enclosed sunroom over the porch, and a building permit may not be issued unless the utility easement is vacated. Request: The request is to vacate 90.4 square feet the existing easement under the existing porch. 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. K:\ Reports\2005\PC Reports\I I -14-05\VAC 05-1784 (Four Seasons Sunrooms).DOC r AEP/SWEPCO No Objections. SBC Southwestern 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 05-1784 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: November 14, 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: R:\Reports\2005\FC Reports\11-14-05\VAC 05-1784 (Four Seasons Sunrooms).DOC i SuesaooAa -CGMSEwvAUYFUM - PAM RO PAM AND DEmt1,C,A5aRES • SKYUGMrsry Outdoor Living..Judoors Sunrooms of the Ozarks, Incorporated 850 East Henri de Tomi Boulevard Post Off ire Box 760 Tontitown, Arkansas 72770 (888) 467-9900 " (479) 306.9900 fax ' (419) 361-9494 hffa-ilwwwozarksunrooms.rom email infot@ozarksunrooms.com The Lee's at 1586 East Amber Drive have contracted with Sunrooms of the Ozarks to build a Four Seasons Sunroom on their existing porch. During the permit process it was discover that part of the porch was built in a utility easement. The Lee's are asking the City of Fayetteville to vacate the part of the easement, which encroaches on their porch. The Lee's have taken all the required steps to have this partial easement approved. They have notified all adjacent property owners and all the required utilities and city departments. There has been no objections to their request. Ll 1@gl X S. 4 l3 WFIU4 X.10 u R " IILE 11Zee L5 I SST4e 17V I 4.X N5,T 7'30 3.00' .�. . - s �. Js 12' ALLEY O� N1729'590E mW <N 53.57Ts LOT 25 ' 1s 0.041 ACRES r ww TE 32867.51 SQ. FP. 26.28 y NW COR. LOT 23 0C'0 4. , / ll 14.7' AREA TO VACATE . 90.41 SQ. [T. LOT 24 QT�� °Ory 4 L=21 .65 S.T�] o y4o R=175.00' ... .. . . . o c S46'53029V 19.05' w w 25.E i �OISTExY RF '+. i ..� .. ._. � O of AR SAS L=12.50' R=125.00" SDRVF.y DFSCVPTION LOT NUM1W]WD TWENI -FIVE(2S).CIAILESTON PLACE,A SUBDMSION TO TIC _ CITYOFFAYETTEVD.LE, ARKANSAS. APERPLATOrSNDSMDWISIONONFU£ ..%�f' ...q( AN^A ••V- IN TIM OFFICEOFTEM CMCUTT CLERK AND EX-OFFICIO RECORDER OF WASIMIGTONCOUNTV, ARKANSAS. AREA OF F. RMEW TO BF VAC4 TFD A PARTOF LOT NUMBEREOTWRfII'-FIVE(25).Ct1ANlF_tTON PLACE,A SUDDRASION TO THECITYOFFAYEI %TLLE, ARKANSAS,AS PER MATOFSAID SUBDIVISION ON FILE IN THE OFFICE OFTH E CIRCUTFCIMK AND EKOFFTCIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. RENO MR EOPARTICMARI.Y DESCRDIED AS FOLLOWS: COMMENCING AT THE SOULIVEST CORNER OF SAB) ® EXIST. NAIL IN HOLE LOT TWENTY-FIVE(25), SAID POINT BEING AN EXISTING IRON REBAR;THENCE NIV4I'IrW 24.76 FEET ALONG THE WES T LINE OF SARI LOT TWETITY-FIVE(25), O SET 1 /21. IRON REBAR TI@NCE LEAVING TI W WEST LINE OF SAID LOT TWE TIVE(25).NEW]S 28 'E iJ4 FEET TO THE TRUE POINT OF RFOINNMG, SAID POINT REINS TNM • EXISTING IRON PIN SOUTHWEST CORNER OF AN EXISTING WOOD DECK; THENCE N76.10IT W ?6.10 FEET TO TEM NORTHWEST CORNER OF SAID DECK THENCE NS 1Y9.161EE 66 FEET + COMPUTED CORNER ALONG TIM NORM SIDE OF SAM DECK TO A MENTON TEM PAST LINE OF AN EXISTMG TEN (10) FOOT WME UfyI"IY FASFIAM; THENCE 9I9`41'12"E 2615 - X - FENCE LINE FEET ALONG TIM. FAST LINE OF SAID EASEMENT TO A POMT ON THE SOWN SITE 0' 20' 40' 60' OP SAN DECK: IIDNCE LW V NG THE EAST LINE OF SND EASMENT, 553.49'17"W 416 FEET ALONG TIIE. SOUTH SIDE OF SAID DECK TO TIDE POINT OF DEODMMO. CONTAINING W 4 SQUARE FEET, MORE OR LESS. Alan Reid & Associates rALE,0810,10s REVISED: PROJECT NO. I "=ZO' DRAWN BY. 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