HomeMy WebLinkAboutOrdinance 4934 N 1111111 IIIAVIIIVIIIVIIIVIIIVIIIVI1111111111111111111111111111
Doc ID : 010506690005 TVDe : REL
Recorded : 10/25/2006 at 01 : 56 : 05 PM
Fee Amt : $20 . 00 Pace 1 of 5
Washlnaton Countv . AR
Bette Stamos Circuit Clerk
F11e2006-00043811
ORDINANCE NO. 4934
AN ORDINANCE APPROVING VAC 06-2270 SUBMITTED BY
KIRK ELSASS FOR PROPERTY LOCATED AT 620 ROCKCLIFF
ROAD, LOT 9, PHASE 1 OF HYLAND PARK SUBDIVISION,
VACATING A PORTION OF A 20 FOOT UTILITY EASEMENT
LOCATED ALONG THE WEST PROPERTY LINE OF THE
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 as follows, and
shall not be in effect until all conditions are met herein:
1 . All existing utility easements along the west property line
shall remain in place, with the exception of that portion
on which the existing structure encroaches.
2. The vacation is subject to receipt and formal
acknowledgement from AT&T/Southwestern Bell
Telephone of the easement vacation.
3 . Any relocation of existing utilities shall be at the
owner/developer' s expense.
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KITR�"Miry.
PASSED and APPROVED this 3 d day of October, 2006. ; FAYETTEVILLE ;
APPROVED: ATTEST: '.9s 9�,kANSP�J�','
GTCM
By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
, r
EXHIBIT "A"
VAC 06-2270
A PART OF LOT NUMBERED NINE (9), REPLAT OF BLOCK NUMBERED FOUR (4),
HYLAND PARK, PHASE I, 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 SOUTHWEST CORNER OF SAID LOT NINE (9),
THENCE NO3009133"W 56.35 FEET ALONG THE WEST LINE OF SAID LOT NINE (9) TO
A POINT; THENCE LEAVING THE WEST LINE OF SAID LOT NINE (9), N86°50'27"E
14.50 FEET TO THE NORTHWESTERNMOST CORNER OF AN EXISTING HOUSE FOR
THE TRUE POINT OF BEGINNING; THENCE S89°28'43"E 5 .51 FEET ALONG THE
NORTH LINE OF SAID HOUSE TO A POINT ON THE EAST LINE OF A TWENTY (20)
FOOT WIDE UTILITY EASEMENT; THENCE LEAVING THE NORTH SIDE OF SAID
HOUSE, S0300913"E 28.43 FEET ALONG THE EAST LINE OF SAID EASEMENT TO A
POINT ON THE SOUTH SIDE OF SAID HOUSE; THENCE LEAVING THE EAST LINE OF
SAID EASEMENT, N89044'0811W 7.34 FEET TO THE SOUTHWESTERNMOST CORNER
OF SAID HOUSE; THENCE N00°31 ' 17"E 28.41 FEET TO THE POINT OF BEGINNING,
CONTAINING 182.4 SQUARE FEET, MORE OR LESS. .
EX }� It� IT " B"
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Washington County, AR
I certify this instrument was filed on
10/25/2006 01 :58:05 PM
and recorded in Real Estate
File Number 2006-000
m 43811
Bette stamps = iCircuit C
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1
ALDERMAN AGENDA REQUEST FORM
VAE
��y laid �rK
FOR: COUNCIL MEETING OF October 03, 2006
FROM: Robert Reynolds
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
620 Rockcliff Easement Vacation - Kirk Elsass I .
AN ORDINANCE VACATING THAT PROPERTY DESCRIBED IN
VACATION PETITION VAC 06-2270 FOR A PORTION OF AN
EXISTING UTILITY EASEMENT LOCATED AT 620 ROCKCLIFF ROAD.
APPROVED FOR AGENDA:
Alderman IVDate
. zt. ot.
J emy ate '\ Date
D or of u"Planning
v
City Council Meeting of October 3, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
• Thru: Gary Dumas, Director of Operations ��pp
From: Jeremy C. Pate, Director of Current PlanningS
Date: September 26, 2006
Subject: Easement Vacation for Elsass (VAC 06-2270) .
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a 20' utility
easement (approximately 182.4 square feet) located on the west property line of Lot 9,
Phase 1 of Hyland Park Subdivision.
BACKGROUND
The subject property is Lot 9 of Phase 1 of the Hyland Park Subdivision. The property is
zoned RSF-4 and. partially located within the Hillside Hilltop Overlay District. Utility
easements were platted at 20' along the side and rear property lines.
The City issued a perm¢ for the construction of a single family dwelling on June 28,
2004. In August of 2005, it was discovered that the building was constructed within a
utility easement and a retaining wall was constructed over a sewer main. Work on the
structure halted and ahold was put on issuance of a final certificate of occupancy. The
owner has since relocated the sewer line from beneath the retaining wall and submitted a
vacation petition for the encroachment into the utility easement.
The applicant requests vacation of a portion of the 20' utility easement adjacent to the
west property line, containing 182.4 square feet. A 12.66' utility easement would remain
on the subject property, east of a sanitary sewer main, which satisfies the requirements of
the Water and Sewer Division.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners. Staff received responses from several adjoining neighbors. Of these responses,
only the adjoining owner to the east and north, Mr. Bruce Dixon, expressed opposition to
the vacation requesi if it would result in difficulty or added expense for the extension of
utilities to his property. No such difficulties have been foreseen by the utility companies.
No citizens were present at the Planning Commission meeting to express opposition to
the vacation request.
City Council Meeting of October 3 , 2006
Agenda Item Number
Responses from all utility companies, with the exception of AT&T/SBC, have been
submitted, and there are no objections to the vacation. A local SBC representative has
reviewed the proposed vacation and indicated no objections with the proposal. The City
is awaiting formal approval from SBC's office in Little Rock.
On September 25, 2006, the Planning Commission voted 8-0-0 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 06-2270 SUBMITTED
BY KIRK ELSASS FOR PROPERTY LOCATED AT 620 ROCKCLIFF ROAD,
LOT 9, PHASE 1 OF HYLAND PARK SUBDIVISION, VACATING A PORTION
OF A 20 FOOT UTILITY EASEMENT LOCATED ALONG THE WEST
PROPERTY LINE OF THE PROPERTY.
WHEREAS, the City Council has the authority under AeC.A. § 14-54- 104 to vacate public
grounds or portions thereof which are not required for corporate,p rposes; .and
%
WHEREAS, the City Council has determined th'Akfollowing described portion of the
platted utility easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY 'T,HE C TY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Councilzo�Tfl the City of Xyyette;yhlle.�.Arkansas hereby vacates and
abandons the following described utility easemmen ':
See Exhibit "A" attached hereto d made a part hereof.
Section 2: That a copyrofa is Ordinances lly certifiedIby the City Clerk along with the map
attached hereto and labeled Exhiliii`B" shall be filed in the office of the Recorder of the County and
recorded in the Deedo -ecords of th County.
Section 3 : hat this vacation'approvaHs-subj� the conditions of approval as follows, and
++ • �+"
shall not be n effect until all conditions are met-herein:
1 . Al xisting utility eas�emen s`e,a�.Ibng the west property line shall remain in place, with the
exception of that portton on whtch the existing structure encroaches.
2. Th vacation is Vubject'v to receipt and formal acknowledgement from
AT&T/•`Scbthwestem $ell Telephone of the easement vacation..
3. Any relocation of existing utilities shall be at the owner/developer's expense.
PASSED andAPP�OVED this_day of 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
f
EXHIBIT "A"
VAC 06-2270
A PART OF LOT NUMBERED NINE (9), REPLAT OF BLOCK NUMBERED FOUR (4),
HYLAND PARK, PHASE I, FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN
THE OFFICE OF . THE CIRCUIT CLERK AND EX-OF-1416-10 RECORDER OF
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE SOUTHWEST COER OF, SAID LOT NINE (9)1
THENCE NO3009'33"W 56.35 FEET ALONG THE WESTIQ E OF .A D LOT NINE (9) TO
A POINT; THENCE LEAVING THE WEST LINE OF°SAID LOT NINES (9), N86050127"E
14.50 FEET TO THE NORTHWESTERNMOST CORNER OF AN EXISTING HOUSE FOR .
THE TRUE POINT OF BEGINNING; THENOE S89°28 '4433"E 5.51 FEET ALONG THE
NORTH LINE OF SAID HOUSE TO A POIN<T THE EAST LINE OF A TWENTY (20)
FOOT WIDE UTILITY EASEMENT; THENCE LEAIN.G�`THE NORTH SIDE OF SAID
HOUSE, S03009'33"E 28.43 FEET ALONG THE EASMIKE OF SAID EASEMENT TO A
POINT ON THE SOUTH SIDE OF SAID OUSE; THEN EEAVING THE EAST LINE OF
SAID EASEMENT, N89044'08"W 7.34�T TO THE SOi TH ESTERNMOST CORNER
OF SAID HOUSE; THENCE 1400°31 ' 17'tE 28:41 FEET TO THE POINT OF BEGINNING,
CONTAINING 182.4 SQUARE FEET, MORE OR LESS; r
I e PC Meeting of September 25, 2006
Taye
ARKANSAS
THE crrY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetleville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telcphone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: September 19, 2006
VAC 06-2270: Vacation (ELSASS, 449): Submitted by KIRK ELSASS for property
located at 620ROCKCLIFF RD. The property is zoned RSF-4, SINGLE FAMILY 4
UNITS/ACRE and contains approximately 0.55 acres. The request is to vacate a portion
of a utility easement. Planner: Suzanne Morgan
Findings:
Property Description and Background. The subject property is Lot 9 of Phase 1 of the
Hyland Park Subdivision. The property is zoned RSF-4 and partially located within the
Hillside Hilltop Overlay District. Utility easements were platted at 20' along the side and
rear property lines. A 10' utility easement was platted adjacent to Rock Cliff Road,
The City issued a permit for the construction of a single family dwelling on June 28, `
2004. In August of 2005, it was discovered that the building was constructed within a
utility easement and a retaining wall was constructed over a sewer main. Work on the
structure halted and a hold was put on issuance of a final certificate of occupancy. The
owner has since relocated the sewer line from beneath the retaining wall and submitted a
vacation petition for the encroachment into the utility easement. When the structure was
constructed, it was built within the front 25 ' building setback. Since this encroachment
occurred the city adopted the Hillside/Hilltop Overlay District, in which a .portion of this
lot is located. A 15 ' front building setback is applied to those areas within the HHOD.
The portions of the structure in the HHOD are compliant with setback regulations.
Variances may be required for the portions of structure not located within the HHOD to
which the 25 ' building setback is applied.
Request: The applicant requests vacation of a portion of the 20' utility easement adjacent
to the west property line, containing 182.4 square feet. There is a sewer main located on
the west property line. A 20' utility easement was platted to the west of the property line
on the adjacent lot and a 12.66' utility easement would remain on the subject property for
a total 32.66' wide easement at the most narrow point. The applicant has submitted the
required notification forms to the utility companies and to the City with the result
summarized below.
KARepons\2006\PC Reports\09-25-06\VAC 06-2270 (Elsus).doc