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HomeMy WebLinkAboutOrdinance 4849 Doc ID : 009893730003 Tvoe : REL Recorded : 04/25/2008 et 10 : 39 : 01 AM Fee Amt : 817 . 00 Pace 1 of 3 Washlnoton County . AR Bette Stamps Circuit Clerk F11e2006-00016555 ORDINANCE NO. 4849 AN ORDINANCE APPROVING VAC 06-2005 SUBMITTED BY SHEREE ALT FOR PROPERTY LOCATED AT LOT 75 OF COVINGTON PARK SUBDIVISION; VACATING A PORTION OF THE UTILITY EASEMENT ALONG TOWNSHIP STREET 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 along Township Street 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. ��.�``�RK%T/? PASSED and APPROVED this 4w day of April, 2006. =u ;' ; FAYETTEVILLE ; APP1COAODY, ATTEST: Y Y�tB Mayor SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2005 A PART OF LOT NUMBERED SEVENTY-FIVE (75) OF COVINGTON PARK, PHASE I, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 16 AT PAGE 37 AND RE-RECORDED IN PLAT BOOK 16 AT PAGE 49, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT SEVENTY-FIVE (75), SAID POINT BEING A CHISELED MARK IN A CONCRETE SIDEWALK; THENCE S01 °18 ' 19"E ALONG THE WEST LINE OF SAID LOT SEVENTY-FIVE (75) 25.00 FEET TO A POINT ON THE BUILDING SETBACK LINE; THENCE N89°30' 56"E 13 .47 FEET ALONG SAID BUILDING SETBACK LINE TO WEST ROOF OVERHANG OF AN EXISTING HOUSE; THENCE' N00°47' 17"W 1 .28 FEET TO THE INTERSECTION OF THE WEST AND NORTH ROOF OVERHANGS; THENCE N88°57'23"E 20.09 FEET ALONG SAID ROOF OVERHANG TO A POINT ON THE BUILDING SETBACK LINE; THENCE S89°30'56"W 20. 10 FEET TO THE POINT OF BEGINNING, CONTAINING 27.8 SQUARE FEET, MORE OR LESS. Washington County, AR I certify this instrument was filed on 04/25/2008 10:39:01 AM and recorded in Real Estate File Number 2006-00018555 Bette tamps - Circuit Clerk by z ` � � ` � ; § •|! 0 ! ! © { § ! | ■ Mix. �„ _ . ! : � 7-n' 14 _ 14 - ! ! , ; jw § , M1,184 ' _ \ q $ | � ' § � � \ � § �| | ] ] if | � ` ( rLD� City of Fayetteville T I Y l d k Staff Review Form City Council Agenda Items 1 , � or Contracts (,Yu �(! � J -Apr-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By ' Division Department Action Required : VAC 06-2005 : (AIUHerget, 295): Submitted by Sheree Alt for property located at lot 75 of Covington Park Subdivision. The property is zoned RSF-4, Residential Single Family, 4 units per acre. The request is to vacate a portion of the utility easement along Township Street. N/A N/A N/A Cost of this request Category/Project Budget Program Category / Project Name N/A N/A N/A I — F 71 Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A $ Project Number Remaining Balance Fund Name Budgeted Item Q Budget Adjustment Attached Previous Ordinance or Resolution # n/a Departme4 Director Date Original Contract Date: n/a Original Contract Number: n/a 06 City Attorney Received in City Cle 's Offic � 3 - 3r-C4 Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Comments: City Council Meeting of April 18, 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: March 29, 2006 Subject: Easement Vacation for Lot 75 Covington Park Subdivision (VAC 06-2005) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a 25 ' general utility easement along Township Street. BACKGROUND Background: The subject property is located within Covington Park Subdivision on E. Township St., east of Crossover Rd. There is an existing 25' building setback and utility easement running east and west along Township St. The easement encroachment was discovered after a survey of the property was completed for a pending sale of the property. The applicant has also requested a setback variance from the Board of Adjustment for the setback encroachment. The general utility easement along Township Street has water and sewer lines located adjacent to the right- of-way. The request is to vacate approximately 27.8 sq. ft. of the southern portion of the utility easement. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners. This item was heard on consent at the regular Planning Commission on March 27, 2006. The Planning Commission voted 9-0-0 to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2005 SUBMITTED BY SHEREE ALT FOR PROPERTY LOCATED AT LOT 75 OF COVINGTON PARK SUBDIVISION; VACATING A PORTION OF THE UTILITY EASEMENT ALONG TOWNSHIP STREET. 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 along Township Street 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 this—day of , 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2005 APART OF LOT NUMBERED SEVENTY-FIVE (75) OF COVINGTON PARK, PHASE 1, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 16 AT PAGE 37 AND RE-RECORDED IN PLAT BOOK 16 AT PAGE 49, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AT FOLLOW: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT SEVENTY-FIVE (75), SAID POINT BEING A CHISELED MARK IN A CONCRETE SIDEWALK; THENCE S01 ° 18' 19"E ALONG THE WEST LINE OF SAID LOT SEVENTY-FIVE (75) 25 .00 FEET TO A POINT ON THE BUILDING SETBACK LINE; THENCE N89°30' 56"E 13 .47 FEET ALONG SAID BUILDING SETBACK LINE TO WEST ROOF OVERHANG OF AN EXISTING HOUSE; THENCE N00°47' 17"W 1 .28 FEET TO THE INTERSWECTION OF THE WEST AND NORTH ROOF OVERHANGS; THENCE N88°57' 23"E 20.09 FEET ALONG SAID ROOF OVERHANG TO A POINT ON THE BUILDING SETBACK LINE; THENCE S89°30' 56"W 20. 10 FEET TO THE POINT OF BEGINNING, CONTAINING 27.8 SQAURE FEET, MORE OR LESS. aye le PC Meeting of March 27, 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 : Jesse Fulcher, Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate., Director of Current Planning DATE: March 20, 2006 VAC 06-2005: Vacation (AIUHerget, pp 295) was submitted by Sheree Alt for property located at Lot 75 of Covington Park Subdivision. The property is zoned RSF-4. The request is to vacate a portion of the utility easement along Township St. Findings: Property description: The subject property is located within Covington Park Subdivision on E. Township St., east of Crossover Rd. There is an existing 25' building setback and utility easement running east and west along Township St. Background: The easement encroachment was discovered after a survey of the property was completed for a pending sale of the property. The applicant has also requested a setback variance from the Board of Adjustment for the setback encroachment. The general utility easement along Township Street has water and sewer lines located adjacent to the right-of-way. Request: The request is to vacate approximately 27.8 sq. ft. of the southern portion of the utility easement. The applicant has submitted the required notification forms to the utility companies and l 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. 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 06-2005. Conditions of Approval: 1 . Only the portion of the easement in which the structure is located shall be vacated by this request. The remaining easement shall continue for public utility use. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION : yes Required yes Approved Denied Date: March 27, 2006 Vote:9-0-0 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: 161 .07 District Rsf4, Residential Single-Family — Four Units Per Acre (A) Purpose. The RSP-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. (13) Uses. ( 1 ) Permitted uses. Unit 1 I City-wide uses by right Unit B Sin le-famil dwellin (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 dwellings 11 dwellin s Units per acre 1 4 or less I7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 % 80 ft, Lot area minimum 8,000 sq. ft. 12,000 s . fL Land area per 8,000 sq. ft. 6,000 dwellin unit (E) Setback requirements. Front I Side Rear 25 ft. 1 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) PETITION TO VACATE AN EASEMENT LOCATED IN LOT 75 COVINGTON PARK PHASE 1, FAYETTEVILLE, ARKANSAS 72703 TO: The City of Fayetteville Planning Commission and The Fayetteville City Council We, the undersigned, being all of the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated. Lying in Lot 75 of the Covington Park Phase 1 Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: SEE ATTACHED LEGAL DESCRIPTION AND SURVEY The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 15th day of February, 2006. Sheree M. Alt on behalf of Walter E. Herget, Owner 1 400 Alexander Merry-Ship & Alt Real Estate Group, Inc. Real Estate Sales, Development and Property Management Richard Alexander, President Sheree Alt. Sr. Vice President, Principal Broker Rob Merry-Ship, Sr. Vice President Jennifer Ellison, Business Manager February 22, 2006 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 To Whom It May Concern: On behalf of my client, Walter E. Herget, I am submitting a petition to vacate an easement located in Lot 75 of Covington Park subdivision in Fayetteville. Upon procuring a buyer for Mr. Herget' s property, a survey was done that revealed an encroachment containing 27. 8 square feet into the 25 foot utility easement on the front of the property. I am hereby requesting a utility easement vacation for the property described by the attached legal description and survey. Respectfully, Q Sheree Alt, Principal Broker AMA Real Estate Group, Inc. I I N. West Ave. Fayetteville, AR 72701 Phone 479.443. 1313 Fax 479.521 . 1889