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Home My WebLink AboutOrdinance 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 . 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