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Home My WebLink AboutOrdinance 4899 Doc ID : 010254430003 TVDe : REL Recorded : 08/09/2006 at 01 : 59 : 22 PM Fee Amt : $14 . 00 Peas 1 of 3 r r Washlnoton Countv . AR Bette Stamps Circuit Clerk FLle2006-00032617 ' 3 ORDINANCE NO. 4899 AN ORDINANCE APPROVING VAC 06-2123 SUBMITTED BY JOHN LAUNDER FOR PROPERTY LOCATED AT 1025 COMPANY, VACATING 0.06 ACRE PORTION OF THE 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 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. ,r„rn nrbr ' PASSED and APPROVED this 18'hday of July, 2006. _\aQ;•GeS Y pF. Gp ; FAYETTEVILLE� APPROVED: ATTEST: Qmz6c�'�;• ,� %9J y:QKANcl TO By: B By. DA COODY, Mayor y SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2123 DESCRIPTION OF PROPOSED EASEMENT VACATION: PART OF PARCEL 765-08587-000 A 20 FOOT WIDE UTILITY EASEMENT, BEING PART OF VACATED READ STREET IN THE MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, BEING A PART OF THE SWIA OF THE SETA OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF BLOCK 1 IN SAID MOUNTAIN VIEW ADDITION AS DESCRIBED IN A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2003 53813 ; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF COMPANY STREET N87°31 ' 15"W 16.94 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE S24052'39"E 66.86 FEET; THENCE S10035'17"E 10.04 FEET TO A FOUND IRON PIN; THENCE S16°30'58"E 46.31 FEET; THENCE S16°47'46"E 12.80 FEET; THENCE S13°11 '21 "E 14.61 FEET TO A FOUND IRON PIN; THENCE S25010' 13 "E 13.53 FEET TO A FOUND IRON PIN; THENCE N87032' 16"W 6. 86 FEET; THENCE N24°52'39"W 170. 11 FEET; THENCE S87°31 ' 15 "E 22.52 FEET TO THE POINT OF BEGINNING, CONTAINING 25577 SQUARE FEET MORE OR LESS. ow SA m4d , ., .170 • , k 6w fl PeowBa so A 00 ca MW CORNER BLOCK J JOHN, LAUNDER w l AEVOiALE TRUST U3 TO25 COMPANVI STe FAVETTEMLLE AN I 1: LOT 1Z b LEGEND: IN 3 1W b 6w I 1 _91 72,42, GRAPHIC r_'�'X11•. OMFT rat - . I REVOCABLE TRUST CRY CIF FAYETTEVFUE WASMNGTQN COUM STATE .. ARKANSAS A Washington County, AR I certify this instrument was filed on 08/09/2008 01 :59:22 PM and recorded in Real Estate File Number 2008.00032817 Bette Stamps . Circuit C by Q2D 7// s/d City of Fayetteville g899 Staff Review Form V/ U� 0?l8✓ City Council Agenda Items �� l or Gum Contracts 18-Jul-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 06-2123: (Launder, 447): Submitted by John Launder for property located at 1025 Company. The property is zoned RSF-4, Residential Single-Family, 4 units per acre. The request is to vacate a utility easement located within the subject property. NIA NIA NIA Cost of this request Category/Project Budget Program Category / Project Name N/A NIA 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 O Budget Adjustment Attached _ ` Previous Ordinance or Resolution # n/a Department Dire for 1 lDattee 1� Original Contract Date: n/a Original Contract Number: n/a City At Received in City erk'sID ENTER �cu Finance and Internal Service Di[Actor Date /a & 7 Received in Mayor's Office 30 /j/ 6 Mayor bate Comments: City Council Meeting of July 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: June 27, 2006 Subject: Easement Vacation for Launder (VAC 06-2123) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a 20' utility easement (approximately 0.06 acres) located at 1025 Company Street, as depicted herein. BACKGROUND The subject property is an existing 20-foot utility easement (0.06 acres) traversing north- south along the eastern property line of a single-family lot located at 1025 Company Street. This property is identified as Lot 13 in Mountain View Addition on Mount Sequoyah. This easement is not being used by any the utility providers. The requested easement vacation is due to a proposed addition to the existing house on the property, which will encroach into the existing easement. As a condition of approval, the property owners shall dedicate a new 10-foot sewer easement provided on the north property line of this lot, starting at the west end of Company Street right-of-way and running west to the western property line, as approved by the City Water/Wastewater Director. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners; there were no objections to this request. The Planning Commission voted 9-0-0 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 06-2123 SUBMITTED BY JOHN LAUNDER FOR PROPERTY LOCATED AT 1025 COMPANY, VACATING 0.06 ACRE PORTION OF THE 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 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 72006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2123 DESCRIPTION OF PROPOSED EASEMENT VACATION PART OF PARCEL 765-08587-000 A 20 FOOT WIDE UTILITY EASEMENT, BEING PART OF VACATED READ STREET IN THE MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, BEING A PART OF THE SWI /4 OF THE SEI /4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF BLOCK I IN SAID MOUNTAIN VIEW ADDITION AS DESCRIBED IN A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2003 53813 ; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF COMPANY STREET N87031 ' 1 5"W 16.94 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE S24052'39"E 66.86 FEET; THENCE SI 0035'17"E 10.04 FEET TO A FOUND IRON PIN ; THENCE S16°30'58 "E 46.31 FEET; THENCE SI 6'47'46"E 12.80 FEET; THENCE S13 ° 11 '21 "E 14.61 FEET TO A FOUND IRON PIN; THENCE S25° I093 "E 13 .53 FEET TO A FOUND IRON PIN; THENCE N87032'16"W 6.86 FEET; THENCE N24°52'39"W 170. 11 FEET; THENCE S87°31 ' 15 "E 22.52 FEET TO THE POINT OF BEGINNING, CONTAINING 2,577 SQUARE FEET MORE OR LESS. EXHIBIT " B" OW SA "40 alpr pop w 100.171 ' ' Is smi ; 1 Pe 00 ca NW CORNER 765-08587\ 000 IIIBLOM 2003-53913 • 17 " • • . 1 O• FAYETTEMU.E AN •LOT 12 ?i' L ' h YAP LEGEND: N 3 14.61, Is Pow „ r S2S"JLOvMoE DEED LYE " Mabl� mm _. IQ* ft ow N87*32ql6mW 72.42" EASEMENT • BE VACATUD GWHIC SCALE {Cys tk . 134 N. MAN STREET CAVE! SPRINGS, PAR 72718 so PHONE: (479) 2413-1466 ��IiEXI- / FAX (479) 248-1462 • 17• REVOCA13LE TRUST am IF• a • ry • / ®' " ye Le f PC Meeting of June 26, 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 Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Aff -&,� Updated June 27. 2006 VAC 06-2123: (LAUNDER, 447): Submitted by JOHN LAUNDER for property located at 1025 COMPANY. The property is a 20-foot utility easement located at 1025 Company Street and is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE. The request is to vacate the utility easement (0.06 acres) on the subject property. Property Owner: JOHN LAUNDER Planner: ANDREW GARNER Findings: Property Description and Background: The subject property is an existing 20-foot utility easement (0.06 acres) traversing north-south along the eastern property line of a single- family lot located at 1025 Company Street. This property is identified as Lot 13 in Mountain View Addition on Mount Sequoyah. This easement is not being used by any the utility providers. Request: The applicant's request is to vacate the 20' utility easement in order to construct an addition to their existing home. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections KARcports\20061PC Reports\06-26-06WAC 06.2123 (Launder).doc - CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections provided a new easement is provided. Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: Staff has not received any written or verbal public comment. Recommendation: Vacating the utility easement in question without provision of another utility easement along the northern portion of this lot could prevent necessary sewer main extensions. However, the applicant has indicated that they will provide a new 10' utility easement traversing east-west along their northern property line as requested by the City's Water and Wastewater Director. Staff finds that this new easement would provide adequate easement for future main extensions. All of the utility companies have approved the easement vacation. Staff recommends approval of the proposed utility easement vacation VAC 06-2123 with the following conditions: Conditions of Approval: I . A new public 10-foot sewer easement shall be provided on the south side of the north property line of this lot, starting at the west end of the Company Street right-of-way and running west to the western property line, as approved by the City Water/Wastewater Director. The existing utility easement shall not be vacated or obstructed by new construction until the new easement is in place and accepted by the City of Fayetteville. 2. 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: Ostner Vote: 9-0-0 Date: June 26, 2006 Comments: (approved on consent agenda) 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 KAReports\2006\PC Reports\06-26-06\VAC 06-2123 (Launder).doc Request to Vacate Utility Easement Crossing 1025 Company I will be getting marded this fall. In order to accommodate my expanded family, I am removing my existing carport and replacing it with an enclosed two-car garage with a room above it. In order to add on to my existing house, I needed the appropriate permit. In going through the permit process, it was noted by planning, that although a street easement (Read Street), was abandoned by ordinance in 1955, the utility easement was not. The house was permitted and built in 1987. The easement is not shown on existing plats of the property. Only due to the GIS technology, was the easement discovered. Thus, in order to complete my remodel, I need to have the utility' easement vacated. dico**�4 hn Launder, Property Owner 25 Company