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HomeMy WebLinkAboutOrdinance 4909 • t • IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�II IIIIIIIIIIIIIIIIIIIIIII Doc ID : 010305960003 Tvoe : REL Recorded : 08/24/2006 at 03 : 27 : 18 PM Fee Amt : $14 . 00 Paae 1 of 3 . Washinaton Countv . AR Bette Stamps Circuit Clerk File200640034956 ORDINANCE NO. 4909 AN ORDINANCE APPROVING VAC 06-2138 SUBMITTED BY ALAN REID FOR PROPERTY LOCATED AT 1182 SUMMERSBY, VACATING A 39 SQUARE FOOT PORTION OF THE UTILITY EASEMENT LOCATED WITHIN THE SUBJECT PROPERTY 4 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 In day of August, 2006. �ERK/TR6q r\aG. •� \1Y p, SG�. APPROVED: ATTEST: c ; FAYETTEVILLE * seweL,y^,pkaNSPg���` By: DAN COODY, Mayor y SON RA SMITH, City erk T EXHIBIT "A" VAC 06-2138 A PART OF LOT NUMBERED FORTY-SIX (46), SUMMERSBY SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 SOUTHEAST CORNER OF SAID LOT FORTY-SIX (46), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N33 DEGREES 53 ' 59"E 25.00 FEET ALONG THE EAST LINE OF SAID LOT FORTY-SIX (46) TO THE BUILDING SETBACK LINE; THENCE LEAVING THE EAST LINE OF SAID LOT FORTY-SIX (46), N56 DEGREES 06101 "W 22.89 FEET ALONG SAID SETBACK LINE TO A POINT ON THE EXISTING ROOF OVERHANG FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SETBACK LINE S34 DEGREES 03 ' 56"W ALONG SAID ROOF OVERHANG 1 .51 FEET TO THE CORNER OF SAID ROOF OVERHANG; THENCE N55057'07"W ALONG SAID ROOF OVERHANG 26.36 FEET TO THE CORNER OF SAID ROOF OVERHANG; THENCE N34 DEGREES 03156"E ALONG SAID ROOF OVERHANG 1 .44 FEET TO A POINT ON SAID BUILDING SETBACK LINE; THENCE S56 DEGREES 06901 "E 26.36 FEET TO THE POINT OF BEGINNING, CONTAINING 39 SQUARE FEET, MORE OR LESS. o ZHa � qw ° Q5' WzWo � � cz� � o I v aAWw poii S0 OU3a R ti � `�` Co Zoawa � zx � W� > � OwQ fl Ww � � ; Ho aow ¢ ° oN � o °ow `� wW ((�� 5COUa� C7 ' Qa ¢ QwWW� � ww '� 04 0 Wa ¢ .waw05, wOQxw � r, ',��� .-] O gQwUal � W w a. v, F O .-. N .w.l -' 25 wo EXHIBIT "B" F' ' Z VAC 06-2138 � 0 � z u> a IF N (:r &A, , � a " n °° p ^ r m O L U 10 / ^ OO O to O S .��j Ory ~ �Pv \ If)l � w x .' ♦ (7 ry�l' �v q r w � hf o / �� O titi obo �Sz i S ~ b k y o ZAe � yvOJS N � aj n . w = i / s• .' 0 a4d = pV / Z� y A�l P of Jq-; 0 Law as N LLZ V� N � Y •�S A O R- o Mo ~ N Op � Nc7 qw It Nz o w / aJQ' a �nz� 7 � n brz1�) City of Fayetteville /06 Staff Review Form 4401 City Council Agenda Items or VA" 06 - ca136 Contracts All AJ. �A' rr.4 � 1 -Aug-06 City Council Meeting Date Jeremy Pat Planning Operations Submitted By Division Department Action Required: VAC 06-2138 : (Corral, 410): Submitted by Alan Reid for property located at 1 182 Summersby 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 located within the subject property. N/A N/A N/A 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 Budget Adjustment Attached ILL1� O Previous Ordinance or Resolution # n/a Department Director Date Original Contract Date: n/a Original Contract Number: nla City Wtiorney ReceiveclAnCity Clerk's Office FIA n66 a d Internal Service Director 15ate _ ceived in Mayor's Office daa4 r— eEMT E Mayor Date Comments: City Council Meeting of August 12006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations o From : Jeremy C. Pate, Director of Current Planning !� Date: July 12, 2006 Subject: Easement Vacation for Corral (VAC 06-2138) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a 25 ' general utility easement located within the residential lot at 1 l82 Summersby Drive. BACKGROUND The subject property is a small portion (39 square feet) of an existing 25-foot .utility easement traversing east-west along the southern property line of a single-family . lot located at 1182 Summersby Drive. This property is identified as :Lot :' 46 ;in :the Summersby Subdivision. A roof overhang on the southern side of the house encroaches into the utility easement. This portion of the easement is not being used by;any utility providers. This item was heard at the July 5, 2006 Board of Adjustment meeting for a variance request to allow for the overhang in the building setback. The variance request was unanimously approved. , . The overall 25 ' easement was originally platted on this developed property for general utility use. Utility representatives have no objections to the requested vacation. The request is to vacate approximately 39 square feet of the existing utility easement. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission on July 10, 2006. The Planning Commission voted 8-0-0 to recommend this vacation request to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2138 SUBMITTED BY ALAN REID FOR PROPERTY LOCATED AT 1182 SUMMERSBY, VACATING A 39 SQUARE FOOT 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. 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2138 A PART OF LOT NUMBERED FORTY-SIX (46), SUMMERSBY SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 SOUTHEAST CORNER OF SAID LOT FORTY-SIX (46), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N33 DEGREES 53 '59"E 25.00 FEET ALONG THE EAST LINE OF SAID LOT FORTY-SIX (46) TO THE BUILDING SETBACK LINE; THENCE LEAVING THE EAST LINE OF SAID LOT FORTY-SIX (46), N56 DEGREES 06' 01 "W 22.89 FEET ALONG SAID SETBACK LINE TO A POINT ON THE EXISTING ROOF OVERHANG FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SETBACK LINE S34 DEGREES 03156"W ALONG SAID ROOF OVERHANG 1 .51 FEET TO THE CORNER OF SAID ROOF OVERHANG; THENCE N55 05710715W ALONG SAID ROOF OVERHANG 26.36 FEET TO THE CORNER OF SAID ROOF OVERHANG; THENCE N34 DEGREES 03 ' 56"E ALONG SAID ROOF OVERHANG 1 .44 FEET TO A POINT ON SAID BUILDING SETBACK LINE; THENCE S56 DEGREES 06'01 "E 26.36 FEET TO THE POINT OF BEGINNING, CONTAINING 39 SQUARE FEET, MORE OR LESS. aY e LPC Meeting of July 10, 2006 ARKANSAS THE CITY OF FAYETT.EVIL'LE . 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: July 5, 2006 Updated July 11, 2006 VAC 06-2138: (CORRAL, 410): Submitted by ALAN REID for property located at 1182 SUMMERSBY DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.37 acres. The request is to vacate a 39 square foot portion of a utility easement. Property Owner: MICHAEL CORRAL Planner: ANDREW GARNER Findings: Property Description and Background: The subject property is a small portion (39 square feet) of an existing 25-foot utility easement traversing east-west along the southern property line of a single-family lot located at 1182 Summersby Drive. This property is identified as Lot 46 in the Summersby Subdivision. This portion of the easement is not being used by any utility providers. This item is also on the July 5, 2006 Board of Adjustment agenda for a variance request to allow for the overhang in the building setback. Request: The applicant's request is to vacate the 39 square foot portion of the utility easement in order to accommodate a roof overhang of the recently constructed home. 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 Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections KAReports\2006WC Reports\07-10-06\VAC 06-2138 (Corral).doc CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Engineering No Objections Public Comment: Staff has not received public opposition to this vacation request. Five adjacent property owners responded that they do not object to the vacation request. Recommendation: Staff recommends approval of the proposed utility easement vacation VAC 06-2138 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: Lack Vote: 8-0-0 (Approved on consent aeenda) Date: July 10, 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 KAReports\2006\PC Reports\07-10-06WAC 06-2138 (Cortal).doc /\ Alan, Reid & ASSOCIATES : PROFESSIONAL LAND SURVEYORS BOUNDARY TORO GPS : Date May 34,:2006. . To City of.Fayetteville Planning Fayetteville; Arkansas RE Easement Vacation and Variance Dear Sir or Madam;` Please accept for:your review our request-bbi `a utility easement vacation and building setback variance for :the property located at t 182 Sumrnersby Drove: The resuits of our survey reflect that a portion of the front roof overhang is encroaching onto the existing utihty.easeinent and_buildingsetfi k. Weare asking thafthe utility companies and city vacate only thaCpoition ofthe easement th8t is being pncroaclied apon: Thank you for cooperation in this matter::;, w Si eirely I r I r I m I ignated•Representative for Ivlrchael Corral property ownerI Ir . Ir rr rr 1 118 S CollegeAvenue ' Fayette'ville Ark2nsas 727D1 479=444 8784 1 888 549 8784 Faz4L79 444 '0964 QIILJ � a � Aagwq R O � c+: c� O003' Wa A `� WWv; O ti � dw FOO fawoo , 00 � Lei w l F qv¢i a OWOQC7F ON000W W, e� F+ 'a � Q •F� �+ U � w w :•' 5 '.1 O AQwUwm � W �n [�- vwi aviO �o W �V i• < cne Ell z01*00 PF § m np� Il! m \ N SSz '� 3: itt h / \ O O by \ oo � J �' / O • ��� H\ mC4 to �O Q1 / Q O � C3 " -•' O�C`� -Zpt��' \ • f1 ci vi cu co C7 C-1 Ac io ti a Z, � �vOJS , u h 90 9 0 dNP q it J m E OSX n Y. •% ti o Im v o m (h , cu jr) r _ In M it C� C 11 v 9 0 N K �aJQ' a ,nWz - � n Map Output Page 1 of 1 ArclMS HTML Viewer Ma x .Y . 766-21964-000 BAHNT HANBY Y . KENNETH RIEDELLegend it .: . . .z. County Street :Centerllnes �arE¢e ' . : <all Other values>. a �9 - a-ASS " Tes^ueaa000 " State Highway ��: : 766.21942-000 ABHOKBAXENa ' DENROENFELDr :LOCaI -Paved r: . LOCA( Gravel Interstate 76x21941-000 _ ,' COun' 'Parcel"LabelsGre( .7e,S ?'�wY�:t�;ir, OEOR9ECOLE . �n _ . .. .. County ;Parcels ' G Limits mop c,eeied �;mnrdwis - co ,etc) �ss2 2otis esRi tr,e. 5 ry - C6untyBOundary ' http : / / geodata , co , washington . ar , us / servlet /com . esri , esr . . . 12 / 13/2005 Lynda Palmer AT&T Arkansas Mgr-Eng. (Right -of -Way) Construction / Engineering May 5, 2006 Alan Reid Reid and Associates 118 College Avenue Fayetteville, AR 72701 Dear Mr. Reid: RE: easement release - Summersby SID - Fayetteville 1111 West Capfol, Rm 941 Little Rock AR 72201 (501)373.5255 Phone (501)373.0229 Fax Iynda.paJrner@alt.com Please find enclosed SBC's concurrence in your request to the above mentioned easement reduction. This concurrence must be recorded at the Washington County Courthouse in the office of the circuit clerk to be complete and legal. I would appreciate you returning a copy of the document to me at the above address for my files. If you have any questions or comments, please call me at 501-373-5255. Sincerely, attachments CONCURRENCE TO VACATE A DEDICATED PUBLIC UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, hereby concurs in the dosing of the following dedicated public alley, to -wit: A part of lot numbered forty-six (46), Summersby Subdivision, Fayetteville, Arkansas, as per plat on file in the office of the circuit clerk and ex -officio recorder of Washington County, Arkansas, being more particularly described as follows: Commenting at the southeast comer of said lot forty-six (46), said point being an existing iron rebar, thence N33° 53' 59" E 25.00 feet along the east line of said lot forty-six (46) to the building setback line; thence.leaving the east line of said lot forty-six (46), N56° 06' 01W 22.89 feet along said setback line to a point on the existing roof overhang for the true point of beginning; thence leaving said setback line S34° 0356" W along said roof overhang 1.51 feet to the comer of said roof overhang; thence N55° 57' 07" W along said roof overhang 26.36 feet to the comer of said roof overhang; thence N34° 03' 56" E along said roof overhang 1.44 feet to a point on said building setback line; thence S56° 06' 01"E 26.36 feet to the point of beginning, contai�ninnggy 39 square feet, more or less. Signed and executed this d�.,• day of May, 2006. 4JeanrDav By: is ineenng/Constnlction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF FAULKNER On this the24L. day of May 2006, before me, the undersigned authority, duly commissioned and qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly sworn, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, and that he executed the foregoing instrument as the act and deed of said company of his own free will and for the purposes and pans ideptiogs therein expressed and with due authority. •� fi1N 11 whereof I hereunto set my hand and official seal. ,;NoTar�y=� G� '••:,•ljyi edApreparedbyAT&T �' •. T 1Y' of .Room 941 L E. Sommedekh Palmer • L.rttle Roil, qR 72201(501373-5255) Notary Public My commission expires August 10, 2011 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 05/05/06 UTILITY COMPANY: Southwestern Bell Telephone d.b.a. AT&T Arkansas REQUESTED VACATION: Street X Utility Easement Street and all the utility easements located within the vacated street Right -of -Way for alley or street Right -of -Way for alley or streets and all utility easements located within the vacated right- of-way Alley Alley and all utility easements located within the vacated alley I have been notified of the petition to vacate the following right-of-way. Described as follows: A part of lot numbered forty-six (46), Summersby Subdivision, Fayetteville, Arkansas, as per plat 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 southeast comer of said lot forty-six (46), said point being an existing iron rebar, thence N33° 53' 59" E 25.00 feet along the east line of said lot forty-six (46) to the building setback line; thence leaving the east line of said lot forty-six (46), N56° 06' 01"W 22.89 feet along said setback line to a point on the existing roof overhang for the true point of beginning; thence leaving said setback line S34° 03' 56" W along said root overhang 1.51 feet to the comer of said roof overhang; thence N55° 57' 07" W along said roof overhang 26.36 feet to the comer of said roof overhang; thence N34° 03' 56" E along said roof overhang 1.44 feet to a point on said building setback line; thence S56° 0601" E 26.36 feet to the point of beginning, containing 39 square feet, more or less. UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this form does not constitute a release of easement. The attached Concurrence must be recorded at the Benton County courthouse in order for this release to be complete and legal. Signature of AT&T Company Representative: Lyn d6 E. Sommerfeldt Palm r, Engr. (ROW) k. . UTILITY APPROVAL FORM :FOR RIGHT- OF -'WAY, ALLEY, AND UTILITY EASEMENT VACATIONS HATE_ 1Z/l5 �o UTII.ITY COMPANY: x REQUESTED VACATION (applicant must dtetk ggj Ikat opplw)` Utility Fasement I. ❑Rightof-way for alley or streets and all utility easements located within the vacated tight- of- .way. 0. Alley P. Street riglu-of-way I'have been notified of the petition'to vacate the following (alley, ar�emerr )ight=df-woy), described as folio General location/Address: ! I Si � (fnektde legal descrlpUon Wd g He Mpreseumtlonof what isbeiitg vacated) UTIIITY COMPANY COMMENTS: ANo objections to thevacaflon(s) described above. tl No objections to•the vacation(s) described above; provided following described easements are rdair (StatcYhe location, dimensions, and purpose below.) b UTILITY APPROVAL FORM :FOR RIGHT- OF- WAY, ALLEY; AND UTILITY EASEMENT VACATIONS DATE: t2/I4(0I UTILITYCOMPANY: 406 REQUESTED VACATION (applkant must cheek pfjj that apply),. Utility Easement 0 Right-of-way for alley or streets and all utility easements located within the vacated r4M- of- way. D Alley U Street right-of-way 1 have been notified of the petition to vacate the following (aU , easenr " of -way), described as folio General location [Adi Tess: I1 9 2 5 u t4j1Cs 4' ( (Include legal desuipilon gq4 graphic reprmnaden of what Icbefit vacated) UTILITY COMPANY COMMENTS: 1T Nu objections to the vacation(s) described above. Cl No objections to the vacation(s) described above, provided following described easements arc retah (Statcthe location, d iiensions, and purpose below.) Title 01/10/06 TUE 16:45 FAX 501 07" 2326 SWEPCO ENG UTTLTT'Y APPROVAL FORM . :FOR RIGRT OF -WAY, ALLEY; A" vvrnnY EASEbMT VACATIONS .DATh L 2.l tla e U171d1YCOMPAfY_ swtft0 X1001 REQUESTED VACATION (appplkaat n& theclggthat /D$X Utility Est U RSgLt of'wry for alley or streets and au uWity located within the ncedfl#S- of Wry. D Alley - i7 Shed ri�of-avey . IbYebeen isiftedofthe PetidcntorecallUstllowhlg(aU *wgy).tafhadasMb ienaallocadotr/A4Qresi: 11SZ cfASL&4CA4Vc1 i i •r r •• i i� . g13'�'3a3 _ UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY; AND UTILITY EASEMENT VACATIONS DATEi 12I t5�o5 U7TIITYCOMPAIdY: TerfaJ(U C LOATL2 REQUESTED VACATION (applicant mwn Cheek pj('Mat app(VI Utility Easement O. Right of way for alley or streets and all utility easements located within the vacated right- of way. U Alley 3J Street rightof-way I have been notified of the petition to vaeafe the following {all easemerr iglit=of-way), described as folio Generallocation /Address: UTILITY COMPANY CON04ENTS: �$ No objections to thevacation(s) desaib'ed'above. 0 No objections to-the-vacation(s) described above,. provided following described easements are retaa (Statr he location, dimensions, and purpose below.) Representative Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 44ftS/utooL UTILITY COMPANY: f I APPLICANT NAME: Mt f Af,L & LP AL APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): / Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) oa (ATTACH legal description and graphic representation of what is being vacated SURVEY) �TILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) I No objections provided the following conditions are met: of Utility Company Representative fr'yS F1'�ld 5f1-wce ReP Title C;% Tt.l'JI3VW'v ops , February 2006 Page S PETITION TO VACATE AN EASEMENT LOCATED IN LOT 46, SUMMERSBY SUBDIVISION TO THE CITY OF FAYEI TEVILLE, ARKANSAS. To: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement herein sought to be abandoned and vacated, lying in Lot 46, Summersby Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of an easement which is described as follows: A PART OF LOT NUMBERED FORTY-SIX (46), SUMMERSBY SUBDIVISION, FAYETTEVI.LE, ARKANSAS, AS PER PLAT 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 SOUTHEAST CORNER OF SAID LOT FORTY-SIX (46), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N33°53'59"E 25.00 FEET ALONG THE EAST LINE OF SAID LOT FORTY-SIX (46) TO THE BUILDING SETBACK LINE; THENCE LEAVING THE EAST LINE OF SAID LOT FORTY-SIX (46), N56°06'01"W 22.89 FEET ALONG SAID SETBACK LINE TO A POINT ON THE EXISTING ROOF OVERHANG FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SETBACK LINE S34°03'56"W ALONG SAID ROOF OVERHANG 1.51 FEET TO THE CORNER OF SAID ROOF OVERHANG; THENCE N55°57'07' W ALONG SAID ROOF OVERHANG 26.36 FEET TO THE CORNER OF SAID .ROOF OVERHANG; THENCE N34°03'56"E ALONG SAID ROOF OVERHANG 1.44 FEET TO A POINT ON SAID BUILDING SETBACK LINE; THENCE S56°06'OI"E 26.36 FEET TO THE POINT OF BEGINNING, CONTAINING 39 SQUARE FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the easement is Lot 46, Summersby Subdivision, City of Fayetteville, Arkansas, and that the public interest and welfare would not be adversely affected by the abandonment of the above described portion of the utility easement WHEREFORE the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described portion of the utility easement. Dated this _ day of . 20Q6 Signature Signature VAC06-2138 Close Up View RS7 CORRAL SUBJECT PROPERTY Overview `"'""" g00N Overlay OisVict — FLOODWAY — m000bb 500 YEAR — 100 YEAR --- LIMB OF STUDY — — - BaseLte Profile O Fayetteville Outside aly VAC06-2138 vedor.GDB.Foolpdrd_2006 Hflside-Hlltap Overlay District FY aa 0 45 90 180 270 360 VAC06-2138 One Mile View R# RI CORRAL Y'; - �•��><. RAE 2L RAff 21 ._ l Y e r _. 0.5F� P1 .�RRF�[ 0.Y r I �' Iz 2 pA r f i `R$F4 lay . ��i nZLN Ii _ j G1 RS�' , � —.- r �.. ./'G1 r NSFdI ON BL4CI. 1 I` , _ r ' AT$OR i�t-` r RAF 2t, r 7. RL TOUPL I RSFd; �." I ' SUBJECT PROPERTY Overview Legend Boundary _--""- Subject Property ,-� � Planning Area ® VACO6-2138 �aooao� o o Overlay District r ❑ 00000c Outside City = Legend ® Hillside -Hilltop O erlay District 0 0.120.25 0.5 0.75 1. M Ies From: Clarice Pearman To: Pate, Jeremy Date: 8.8.06 1:31 PM Subject: Ords. 4902, 4903, 4907, 4908 & 4909 Jeremy, Attached is a copy of the above ordinances passed by City Council, August 1, 2006. If anything else is needed please let me know. Thanks. Clarice CC: Audit; GIS NORTH W EST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Elizabeth Wax, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4909 Was inserted in the Regular Editions: August 11, 2006 Publication Charge: $145.64 Subscribed and sworn to before me This// day of2'r L 1 2006. l / Notary Public My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 ORDINANCE NO. 4909 MI ORDINANCE APPROVING ROPER2138 SUB- w�I �A MITTED BV ALAN REID FOR PROPERTY LOCAT- [G] 1GJ ED AT 1182 SUMMERSBY VACATING A'39 SQUARE FOOT PORTION OF THE UTILITY EASE. VENT LOCATED WITHIN THE SUBJECT PROPERTY ARKANSAS 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 cor- porate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utl- hy 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 fly Council of the City of Fayetteville. Arkansas hereby vacates and abandons the following described utility easement: See Exhibit " attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duty certified by the City Clerk along vdth the map attached hereto and labeled Exhibit 6' shall be filed in the office of the Recorder of the County and record- ed in the Deed Records of the County. - Section 3: That this vacation approval is subject to the conditions o1 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. , 1 PASSED and APPROVED this let day of August, 2006. APPROVED: ATTEST: .. By: By: - DAN COODY, Mayor - SONORA SMITH, City Clerk .& a EXHIBIT "A' VAC 06-2138 ' A PART OF LOT NUMBERED FORTY-SIX (46), SUMMERSBY SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAT 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 SOUTHEAST CORNER OF SAID LOT FORTY-SIX (46), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N33 DEGREES 5359"E 25.00 FEET ALONG i THE EAST LINE OF SAID LOT FORTY-SIX (46) TO THE BUILDING SETBACK LINE; THENCE LEAV- ING THE EAST LINE OF SAID LOT FORTY-SIX (46), N56 DEGREES 0601 W 22.89 FEET ALONG SAID SETBACK LINE TO A POINT ON THE EXISTING ROOF OVERHANG FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SETBACK LINE $34 DEGREES 0356•W ALONG SAID I ROOF OVERHANG 1.51 FEET TO THE CORNEA OF SAID ROOF OVERHANG; THENCE N55?5T07W ALONG SAID ROOF OVERHANG 26.36 FEET TO THE CORNER OF SAID ROOF OVERHANG: THENCE N34 DEGREES 03'5TE ALONG SAID ROOF OVERHANG 1.44 FEET TO A POINT ON SAID BUILDING SETBACK LINE; THENCE S56 DEGREES 06'01E 26.36 FEET TO THE POINT or BEGINNING. CONTAINING 39 SQUARE FEET, MORE OR LESS. EXHIBIT'S" is a map and may be viewed in me City Cle*'s office during normal business fours.