HomeMy WebLinkAboutOrdinance 4399 Doc ID : 010506660002 Tvoe : • REL
Recorded : 10/25/2006, at 01 : 55 : 42 PM .
Fee Amt : $11 . 00 Pace 1 of 2 a< l
Hashlnoton Countv . AR
Bette Stamps Circuit Clerk
F11e2006-00043810 :
ORDINANCE NO. 4933
AN ORDINANCE APPROVING VAC 06-2220 SUBMITTED BY
CEI ENGINEERING ASSOCIATES, INC. LOCATED AT THE
NORTH END OF EMERALD AVENUE, VACATING 0.05 ACRES
OF A 20 FOOT UTILITY EASEMENT LOCATED WITHIN THE
SUBJECT PROPERTY.
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 the
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 Council of 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 as follows, and
shall not be in effect until all conditions are met herein.
1 . Any relocation of existing utilities shall be at the ��•'�RK%TR�"''��.
owner/developer's expense.
PASSED and APPROVED this Yd day of October, 2006. .V'-
; FAYETTEVILLE
�z.° 3
APPROVED: ATTEST:
TON ��.��.
B 'uunua�
By: y
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2220
A PART OF LOT IA, LOT 113, AND LOT 2 OF THE EMERALD SUBDIVISION, PHASE II,
CITY OF FAYETTEVILLE, . WASHINGTON COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT IA; THENCE ALONG
THE SOUTH LINE OF SAID LOT IA, S8905914511E A DISTANCE OF 151 .37 FEET TO THE
SOUTHEAST CORNER OF SAID LOT IA; THENCE ALONG A NON-TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 25 .00 FEET, AN ARC DISTANCE OF 16.09 FEET,
AND A CHORD WHICH BEARS NORTH 18026'22" WEST, A CHORD DISTANCE OF
15.09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89059'45 " WEST ALONG
THE SOUTH BOUNDARY OF HEREIN DESCRIBED EASEMENT, A DISTANCE OF 26.83
FEET TO THE WEST BOUNDARY OF HEREIN DESCRIBED EASEMENT; THENCE
ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET,
AN ARC LENGTH OF 125 .84 FEET, AND A CHORD WHICH BEARS NORTH 15042' 14"
EAST, A CHORD DISTANCE OF 109.57 FEET TO A POINT; THENCE SOUTH 03°51 '54"
EAST, A DISTANCE OF 21 .67 FEET TO A POINT; THENCE ALONG A NON-TANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 93 .71
FEET, AND A CHORD WHICH BEARS SOUTH 05025'56" WEST, A CHORD DISTANCE
OF 80.58 FEET TO A POINT; THENCE ALONG A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 4.95 FEET, AND A CHORD
WHICH BEARS SOUTH 42032'37" EAST, A CHORD DISTANCE OF 4.94 FEET TO THE
POINT OF BEGINNING AND CONTAINING (2,243 SQ. FT. 0.05 ACRES), MORE OR
LESS, AND SUBJECT TO ALL EXISTING EASEMENTS, RESTRICTIONS, OR RIGHTS-
OF-WAY, OF RECORD OR PRESCRIPTION.
Washington County, AR
I certify this instrument was filed on
10/25/2008 01 :55:42 PM
n and recorded in Real Estate
File Number 2006-00043810
Bette Stamps - Circuit le
by i
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t, City of Fayetteville W33
Staff Review Form C 06"�
City Council Agenda Items �,Aff4U
or
Contracts
3-Oct-06
City Council Meeting Date
Jeremy Pate' Planning Operations
Submitted By Division Department
Action Required :
VAC 06-2220: (Emerald Ave and Hillcrest, 291 ): Submitted by CEI Engineering Associates, Inc. for property located at the
north end of Emerald Avenue. The property is zoned R-O, Residential Office and contains approximately 0.33 acres. The
request is to vacate a portion of a utility easement on the subject property.
NIA N/A N/A
Cost of this request Category/Project Budget Program Category / Project Name
NIA N/A N/A
Account Number Funds Used to Date Program / Project Category Name
N/A N/A N/A
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
S "
,�/ Previous Ordinance or Resolution # n/a
ca
ent c or Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's' Office
`o av� o. _ �. .� 9 " IS -sib
CAI Finance and Internal Service Director Date
Received in Mayor's Office H EO
W'/Z oD
Mayor Date
Comments:
,
City Council Meeting of October 3, 2006
. Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: September 15, 2006
Subject: Easement Vacation for Emerald Avenue/Hillcrest (VAC 06-2220)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a 20' utility
easement (approximately 0.05 acres) located at the north end of Emerald Avenue, as
depicted herein.
BACKGROUND
The subject property is an existing 20-foot utility easement (0.05 acres) located. at the
north end of the Emerald Avenue cul-de-sac. This property is identified as Lots 1A and
113, and 2 in the Emerald Subdivision. This easement is not being used by any utility
providers.
The requested easement vacation is due to a proposed bridged driveway for a new
residence on the property. The terrain of the property is such that traditional driveway
construction would require extensive grading and retaining walls in this hillside area.
The applicant prefers to reduce the land disturbance and instead bridge the grade
difference. The new driveway will encroach into the existing easement.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners; there were no objections to this request. The Planning Commission voted 6-0-2
(Commissioners Trumbo and Lack recusing) on its consent agenda to forward this item to
the City Council with a recommendation for approval .
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2220 SUBMITTED
BY CEI ENGINEERING ASSOCIATES, INC. LOCATED AT THE NORTH END
OF EMERALD AVENUE, VACATING 0.05 ACRES OF A 20 FOOT UTILITY
EASEMENT LOCATED WITHIN THE SUBJECT PROPERTY.
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 the
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 Council of 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 as follows, and
shall not be in effect until all conditions are met herein.
1 . Any relocation of existing utilities shall be at the owner/developer's expense.
PASSED and APPROVED this—day of 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2220
A PART OF LOT 1A, LOT 1B, AND LOT 2 OF THE EMERALD SUBDIVISION, PHASE II,
CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO WIT;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1A; THENCE ALONG THE
SOUTH LINE OF SAID LOT 1A, S89059'45"E A DISTANCE OF 151 .37 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1A; THENCE ALONG A NON-TANGENT CURVE TO
THE LEFT HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 16.09 FEET, AND
A CHORD WHICH BEARS NORTH 18026'22" WEST, A CHORD DISTANCE OF 15.09 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 89159'45" WEST ALONG THE SOUTH
BOUNDARY OF HEREIN DESCRIBED EASEMENT, A DISTANCE OF 26.83 FEET TO THE
WEST BOUNDARY OF HEREIN DESCRIBED EASEMENT; THENCE ALONG A NON-
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET, AN ARC LENGTH
OF 125 .84 FEET, AND A CHORD WHICH BEARS NORTH 15042114" EAST, A CHORD
DISTANCE OF 109.57 FEET TO A POINT; THENCE SOUTH 03051'54" EAST, A
DISTANCE OF 21 .67 FEET TO A POINT; THENCE ALONG A NON-TANGENT CURVE TO
THE LEFT HAVING A RADIUS OF 50.00 FEET, AN ARC LENGTH OF .93.71 FEET, AND A
CHORD WHICH BEARS SOUTH 05025'56" WEST, A CHORD DISTANCE OF 80. 58 FEET
TO A POINT; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 25.00 FEET, AN ARC LENGTH OF 4.95 FEET, AND A CHORD WHICH. BEARS SOUTH
42032'37" EAST, A CHORD DISTANCE OF 4.94 FEET TO THE POINT OF BEGINNING
AND CONTAINING (21243 SQ. FT. 0.05 ACRES), MORE OR LESS, AND. SUBJECT TO ALL
EXISTING EASEMENTS, RESTRICTIONS, OR RIGHTS-OF-WAY, ` OF RECORD OR
PRESCRIPTION .
I
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� �✓ V1 PC Meeting of September 11 , 2006
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 Gamer, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: ^ • •R• �nn� Updated September 15, 2006
VAC 06-2220: . VACATION (EMERALD AVENUEMILLCREST, 291): Submitted
by CEI ENGINEERING ASSOCIATES, INC. for property located at THE NORTH
END OF EMERALD AVENUE. The property is zoned R-0, RESIDENTIAL OFFICE
and contains approximately 0.33 acres. The request is to vacate a portion of a utility
easement on the subject property.
Property Owner: Hillcrest Village, LLC
Planner: Andrew Garner
Findings:
Property Description and Background: The subject property is a 20-foot utility easement
located at the north end of the Emerald Avenue cul-de-sac. This property is identified as
Lots IA and 1B in the Emerald Subdivision. This portion of the easement is not being
used by any utility providers. Variances to the front and side building setbacks for a new
townhome on the property were approved at the March 6, 2006 Board of Adjustment
meeting. This property is located within the Hillside/Hilltop Overlay District, which
permits a reduced front building setback (15 feet).
Request: The applicant's request is to vacate the 20' utility easement along the front of
the lot adjacent to the Emerald Avenue cul-de-sac. The applicant has submitted the
required notification .forms to the utility companies and to the City with the result
summarized below.
UTILITIES RESPONSE
Cox Communications No Objections
Southwestern Electric Power Company No Objections
t
Arkansas Western Gas No Objections
K:Uteporis\2006\I'C Reports\09-11-06\VAC 06-2220 (Emerald Avenue_Hillcrest).doc
AT&T/ Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No objections
Engineering No Objections
Solid Waste No Objections
Transportation No Objections
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation : Staff recommends approval of the proposed utility easement
vacation VAC 06-2220 with the following condition:
Conditions of Approval:
1 . Any relocation of existing utilities shall be at the owner/developer's expense.
PLANNING COMMISSION ACTION: yes Required
Recommendation to be: X Approved Denied
Motion: Clark
Second: Mures
Vote: 6-0-2 (Commissioners Trumbo and Lack recusing)
Date: September 11, 2006
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
KARepom\2006\PC Reports\09-I1-06\VAC 06-2220 (Emerald Avenue_Hilleresl).doc
— o
CEI Engineering Assoclates, Inc. ,
3317 SW "I" Street • P.O. Box 1408 • Bentonville, AR 727i2-1408 • (479) 273-9472 • (479) 273-0844
July 20, 2006 DISTRIBUTION:
RER/File
City of Fayetteville Planning Commission
113 W. Mountain St
Fayeaevillee, AR 72701
(479) 271 -3126
Re: Fowler Residence (Formerly Hillcrest Residence)
North Emerald Avenue, -
Fayetteville, Arkansas
CEI Project No. 21.882.0
'To Fayetteville Planning Commission:
This is a formal application for a utility easement vacation located in Lot 1 A and Lot IB of the Emerald Subdivision,
Phase II, in the City of Fayetteville, Arkansas. The purpose of easement vacation is to allow property owner to install a
bridge drivewayon the said easement, which is necessary to provide access to the future residence. At present , no
utilities exist in the easement.
We. have obtained approval from all utility companies and city departments listed in the application check list. I am
certain that the public interest and welfare would not be adversely affected by the abandonment of the portion of the
above described 20 foot utility easement.
It should be noted that the utility easement to be vacated has been reduced in length due to comments from City of
Fayetteville water department since we obtained approval from most of the utility companies. The easement to be
vacated has been shortened approximately 15 ' at the north end and also 15 ' in the south end. The exhibit dated 7- 18-06
shown the latest easement. to be vacated. As the old exhibit is part of the document of the utility approval form, it
remain in the package.
Your consideration in this matter will be greatly appreciated. If you have questions or concerns, please do_ not hesitate
to call.
Respectfully submitted,
Koh Siong Chai, P.E.
Project Engineer _
Local Development/Public Works
Attached: t) vacation Pcc of$200
2) F�sernent exhibit with legal description
3) Abstmclor s Ceilifica(e of Ownership
4) Two sets of typed mailing labels
5) A copy of Plat
6) Petition for casement vacation
7) wriucn of notification -
8) Comments from all utility companies and city depanment
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