HomeMy WebLinkAboutOrdinance 4844 Doc ID : 009832620003 Tvoe : REL
Recorded : 04/05/2006 at 03 : 57 : 40 PM
Fee Amt : $14 . 00 Paoe 1 of 3
Mashlnaton Countv . AR
Bette stamps Clrcult Clerk
F11e2006-00013588
ORDINANCE NO. 4844
AN ORDINANCE APPROVING VAC 06- 1914 SUBMITTED
BY MCGOODWIN, WILLIAMS & YATES, INC., FOR
PROPERTY LOCATED EAST OF ROM ORCHARD ROAD,
NORTH OF OLD SKILLERN ROAD; VACATING A 20'
UTILITY EASEMENT ON THE SUBJECT PROPERTY,
CONTAINING APPROXIMATELY 0.333 ACRES
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 20'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 listed in
the staff report and Planning Commission recommendations for the City of Fayetteville, and
shall not be in effect until all conditions are met therein.
`���•`��FK/TR�S''%
PASSED and APPROVED this 7t' day of March, 2006. -,.��G.•G\SY O,c
APPROVE ATTEST: ; FAYETTEVILLE ;
°syyi S'9;NKA N SQA'Jam'.`
q' • • . . . O `�`%
By. DAN COO May By. SO DRA SMITH. ity Clerk/Treasurer
,��H°TONG..�`
EXHIBIT "A"
VAC 06-1914
A PART OF THE NORTHEAST QUARTER OF SECTION THIRTY-ONE, TOWNSHIP
SEVENTEEN NORTH, RANGE TWENTY-NINE WEST, DESCRIBED AS FOLLOWS, TO
WIT: COMMENCE AT THE ARKANSAS GEOLOGICAL SURVEY PERPETUATION
MONUMENT WHICH MARKS THE NORTHEAST CORNER OF SAID SECTION 31 ,
THENCE SOUTH 020 16' 17" WEST ALONG THE EAST LINE OF SAID SECTION 31 A
DISTANCE OF 1 ,673 .23 FEET; THENCE NORTH 87° 44' 44" WEST A DISTANCE OF
213 .30 FEET TO A STEEL PIN; THENCE SOUTH 88° 56' 15" WEST 50.83 FEET; THENCE
NORTH 860 53 ' 21 " WEST 3 .57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE
OF ROM ORCHARD RD. SAID POINT BEING THE POINT OF BEGINNING OF THIS
EASEMENT DESCRIPTION AND RUN THENCE NORTH 860 53' 21 " WEST 20.00 FEET;
THENCE NORTH 10 53' 50" EAST 109. 12 FEET TO THE BEGINNING OF A CURVE TO
THE LEFT, SAID CURVE HAVING A RADIUS OF 147.53 FEET AND A DEFLECTION
ANGLE OF 400 00' 14", THENCE ALONG THE ARC OF SAID CURVE 103 .01 FEET;
THENCE NORTH 38° 06' 24" WEST 69.78 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT, SAID CURVE HAVING A RADIUS OF 232.00 FEET AND A DEFLECTION
ANGLE OF 450 57' 02", THENCE ALONG THE ARC OF SAID CURVE 186.06 FEET;
THENCE NORTH 070 50' 39" EAST 78.48 FEET; THENCE NORTH 10' 07' 47" EAST 179.55
FEET TO THE SOUTH LINE OF THE EXISTING 50 FOOT UTILITY AND INGRESS
EGRESS EASEMENT, THENCE SOUTH 810 43' 51 " EAST ALONG THE SOUTH LINE OF
SAID 50 FOOT UTILITY EASEMENT 20.01 FEET TO THE WEST RIGHT OF WAY LINE
OF ROM ORCHARD RD.; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 10° 07'
47" WEST 180.20 FEET; THENCE SOUTH 070 50' 39" WEST 77.68 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 212.00
FEET AND A DEFLECTION ANGLE OF 450 57' 02", THENCE ALONG THE ARC OF
SAID CURVE 170.02 FEET; THENCE SOUTH 38° 06' 24" EAST 69.78 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF
167.53 FEET AND A DEFLECTION ANGLE OF 400 00' 14", THENCE ALONG THE ARC
OF SAID CURVE 116.97 FEET; THENCE SOUTH 10 53' 50" WEST 109.54 FEET TO THE
POINT OF BEGINNING, CONTAINING 14,499 SQUARE FEET OR 0.333 ACRES.
EXHIBIT "B"
VAC 06-1914
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Washington County, AR
I certify this instrument was filed on
04/05/2008 03:57:40 PM
and recorded in Real Estate
File Number 2008-00013588
Bette Stamps - Circuit Cl
by
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3 / 7 /0
City of Fayetteville
Staff Review Form
City Council Agenda Items rl
or g ti Y4 '&
Contracts
7-Mar-O6
City Council Meeting Date
Jeremy Pate �i Planning Operations
Submitted By Division Department
Action Required:
VAC 06- 1914: (Johnson, 256): Submitted by McGoodwin, Williams & Yates, Inc., for property located east of Rom Orchard
Road, north of Old Skillern Road. The property is zoned R-A, Residential-Agricultural, and contains approximately 0.33 acres
owned by Johnson and Rice. The request is to vacate a 20' utility easement.
N/A 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 Dale Program / Project Category Name
NIA N/A F'
N/A
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Virector Date Original Contract Date: n/a
2l/ felQC� Original Contract Number: n/a
City Att ey
Received inv1J
C WI ffice
—�(tI
Finance and Internal Service Director Date
` Received in Mayg E ice
Mayor Date
Comments:
City Council Meeting of March 07, 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: February 15, 2006
Subject: Easement Vacation for Johnson and Rice (VAC 06- 1914)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a 20-foot utility easement
as depicted herein.
BACKGROUND
The subject property is located at the city limits, west of Rom Orchard Road. On
November 22, 2004, the Planning Commission approved a lot split to create two lots — a .
2.6-acre tandem lot and a 7.5-acre lot. The recorded lot split plat included the dedication.
of a 20' general utility easement adjacent to Rom Orchard Road right-of-way as typically .
requested by the utility companies and staff for future placement of utilities.
In January 2005, staff received a letter from Ozark Region Land Trust (ORLT) indicating
that a conservation easement had been dedicated on the subject property on December 31 ,
1997, which grants ORLT the right to approve any utility easement on the property. In
this letter, the representative of ORLT stated, "While we are generally supportive of the
proposed lot split, we are totally opposed to the proposed utility easement, and cannot
give our approval to it without good cause."
There are no utilities located within the easement. A 4" water line exists within the right-
of-way on the east side of Rom Orchard Road. The vacation of this utility easement will
result in the future placement of any necessary utilities on property east of Rom Orchard
Road.
DISCUSSION
This item was heard at the regular Planning Commission on February 13, 2006. The
Planning Commission voted 9-0-0 on its consent agenda to recommend this vacation
request to the City Council. The two conditions of approval placed on this vacation
request have been met.
Notification was provided to all appropriate utility representatives and adjoining property
owners. No objections were submitted. A letter from the Water and Wastewaster
City Council Meeting of March 07, 2006
Agenda Item Number
Director regarding the affect of this vacation on the future placement and extension of
utilities is included within the attached staff report.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06- 1914 SUBMITTED BY MCGOODWIN,
WILLIAMS & YATES, INC., FOR PROPERTY LOCATED EAST OF ROM ORCHARD
ROAD, NORTH OF OLD SKILLERN ROAD; VACATING A 20' UTILITY EASEMENT
ON THE SUBJECT PROPERTY, CONTAINING APPROXIMATELY 0.333 ACRES
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
20'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 listed in the staff report
and Planning Commission recommendations for the City of Fayetteville, and shall not be in effect until all
conditions are met therein.
PASSED and APPROVED 7`h day of March 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-1914
A PART OF THE NORTHEAST QUARTER OF SECTION THIRTY-ONE, TOWNSHIP SEVENTEEN
NORTH, RANGE TWENTY-NINE WEST, DESCRIBED AS FOLLOWS, TO WIT: COMMENCE AT THE
ARKANSAS GEOLOGICAL SURVEY PERPETUATION MONUMENT WHICH MARKS THE
NORTHEAST CORNER OF SAID SECTION 31 , THENCE SOUTH 020 16117" WEST ALONG THE EAST
LINE OF SAID SECTION 31 A DISTANCE OF 1 ,673 .23 FEET; THENCE NORTH 87° 44' 44" WEST A
DISTANCE OF 213 .30 FEET TO A STEEL PIN; THENCE SOUTH 88° 56' 15" WEST 50.83 FEET;
THENCE NORTH 860 53 ' 21 " WEST 3 .57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
ROM ORCHARD RD. SAID POINT BEING THE POINT OF BEGINNING OF THIS EASEMENT
DESCRIPTION AND RUN THENCE NORTH 860 53' 21 " WEST 20.00 FEET; THENCE NORTH 1 ' 53' 50"
EAST 109. 12 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 147.53 FEET AND A DEFLECTION ANGLE OF 400 00' 14", THENCE ALONG THE ARC OF
SAID CURVE 103.01 FEET; THENCE NORTH 38' 06' 24" WEST 69.78 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 232.00 FEET AND A DEFLECTION
ANGLE OF 450 57' 02". THENCE ALONG THE ARC OF SAID CURVE 186.06 FEET; THENCE NORTH
070 50' 39" EAST 78.48 FEET; THENCE NORTH 100 07' 47" EAST 179.55 FEET TO THE SOUTH LINE
OF THE EXISTING 50 FOOT UTILITY AND INGRESS EGRESS EASEMENT, THENCE SOUTH 810 43'
51 " EAST ALONG THE SOUTH LINE OF SAID 50 FOOT UTILITY EASEMENT 20.01 FEET TO THE
WEST RIGHT OF WAY LINE OF ROM ORCHARD RD.; THENCE ALONG SAID RIGHT OF WAY LINE
SOUTH 100 07' 47" WEST 180.20 FEET; THENCE SOUTH 07° 50' 39" WEST 77.68 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 212.00 FEET AND A
DEFLECTION ANGLE OF 450 57' 02", THENCE ALONG THE ARC OF SAID CURVE 170.02 FEET;
THENCE SOUTH 380 06' 24" EAST 69.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
SAID CURVE HAVING A RADIUS OF 167.53 FEET AND A DEFLECTION ANGLE OF 400 00' 14",
THENCE ALONG THE ARC OF SAID CURVE 116.97 FEET; THENCE SOUTH 1 ' 53' 50" WEST 109.54
FEET TO THE POINT OF BEGINNING, CONTAINING 145499 SQUARE FEET OR 0.333 ACRES.
PETITION
PETITION TO VACATE A 20 FOOT GENERAL UTILITY EASEMENT, LOCATED IN THE NORTHEAST QUARTER
(NE Y4) OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
1, the undersigned, Brad Johnson, being the owner of the real estate abutting the easement, hereinafter sought to be
abandoned and vacated, lying in the Northeast Quarter (NE '/4) of Section 31 , Township 17 North, Range 29 West, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a general utility easement, which is described as follows:
A part of the Northeast Quarter of Section Thirty-one, Township Seventeen North, Range Twenty-nine West,
described as follows, to wit: commence at the Arkansas Geological Survey Perpetuation Monument which marks
the northeast corner of said Section 31 , thence South 020 16' 17" West along the east line of said Section 31 a
distance of 1 ,673.23 feet; thence North 87° 44' 44" West a distance of 213.30 feet to a steel pin; thence South 88"
56' 15" West 50.83 feet; thence North 860 53 ' 21 " West 3.57 feet to a point on the west right of way line of Rom
Orchard Rd. said point being the Point of Beginning of this easement description and run thence North 860 53' 21 "
West 20.00 feet; thence North 10 53' 50" East 109. 12 feet to the beginning of a curve to the left, said curve having a
radius of 147.53 feet and a deflection angle of 400 00' 14", thence along the arc of said curve 103.01 feet; thence
North 380 06' 24" West 69.78 feet to the beginning of a curve to the right, said curve having a radius of 232.00 feet
and a deflection angle of 45° 57' 02", thence along the arc of said curve 186.06 feet; thence North 07° 50' 39" East
78.48 feet; thence North 100 07' 47" East 179.55 feet to the south line of the existing 50 fool utility and ingress
egress easement, thence South 810 43' 51 " East along the south line of said 50 foot utility easement 20.01 feet to
the west right of way line of Rom Orchard Rd.; thence along said right of way line South 10° 07' 47" West 180.20
feet; thence South 07° 50' 39" West 77.68 feet to the beginning of a curve to the left, said curve having a radius of
212.00 feet and a deflection angle of 45° 57' 02", thence along the are of said-curve 170.02 feet; thence South 380
06' 24" East 69.78 feel to the beginning of a curve to the right, said curve having a radius of 167.53 feet and a
deflection angle of 40° 00' 14", thence along the arc of said curve 116.97 feet; thence South 1" 53' 50" West 109.54
feet to the Point of Beginning, containing 14,499 square feet or 0.333 acres.
That there is no other abutting real estate affected by said abandonment of the easement. The general utility easement was
dedicated by Susan Alger to the City of Fayetteville in December of 2004 on a plat required for a lot split of her property. I
purchased the property from her in February 2005. No utilities have been placed within this easement and to my knowledge
none are currently planned. The public interest and welfare would not be adversely affected by the abandonment of the above
described easement situated on my property.
The petitioner prays that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that the
above described real estate be used for their respective benefit and purpose as now approved by law.
The petitioner further prays that the above described real estate be fully vested in him as the owner of the fee simple interest
in the property presently subject to the utility easement as provided by law.
WHEREFORE, the undersigned petitioner respectfully prays that the governing body of the City of Fayetteville, Arkansas,
abandon and vacate the above described utility easement, and that title to said utility easement sought to be abandoned be
vested in the abutting property owner as provided by law, and as to that particular land the owner be free from the easement
of the public for'the use of said general utility easement.
Dated this d3 day of / t a. 20019
panted name sign ur
AX
printed name 4signatdrep rated name printed name
SYVIee PC Meeting of February 13 , 2006
ARKANSAS
TFIE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Planner
Brent O'Neal, Staff Engineer
THRU : Jeremy Pate., Zoning & Development Administrator
DATE: February 7, 2006 Updated February 14, 2006
VAC 06-1914: (JOHNSON, pp 256): Submitted by McGoodwin, Williams & Yates,
Inc. for property located east of Rom Orchard Road and North of Old Skillern Road. The
property is zoned R-A, Residential Agricultural, and contains approximately
0.33 acres owned by Johnson and Rice. The request is to vacate a 20' utility easement.
Planner: Suzanne Morgan
Findings: Vacating the easement would require that all utilities be placed on the east.
side of Rom Orchard Road.
Background: On November 22, 2004, the Planning Commission approved a lot split to
create two lots — a 2.6-acre tandem lot and a 7.5-acre lot. The recorded lot split plat
included the dedication of a 20' general utility easement adjacent to Rom Orchard Road
right-of-way as typically requested by the utility companies and staff for future placement
of utilities. In January 2005, staff received a letter from Ozark Region Land Trust
(ORLT) indicating that a conservation easement had been dedicated on the subject
property on December 31 , 1997, which grants ORLT the right to approve any utility
easement on the property. In this letter, the representative of ORLT stated, "While we
are generally supportive of the proposed lot split, we are totally opposed to the proposed
utility easement, and cannot give our approval to it without good cause." 1 1 1 1
There are no utilities located within the easement. A 4" water line exists within the right-
of-way on the east side of Rom Orchard Road. The vacation of this utility easement will
result in the future placement of any necessary utilities on property east of Rom Orchard
Road. (See attached letter from Mr. Jurgens, Water and Wastewater Director.)
Request: A petition was submitted to vacate a 20' general utility easement. This petition
was signed by Mr. and Mrs. Brad Johnson who purchased the 7.5-acre property. In June
of 2005, Mr. Johnson received approval of a property line adjustment to transfer a 2-acre
portion of the property to Brooks Rice. Staff has received a letter from Brooks Rice
indicating his agreement of the vacation. Mr. Rice will be required to sign the Petition
prior to City Council consideration.
K. IReports120061PC Reports102-13-061VAC 06-1914 (Johnson-Rom Orchard).doc