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.
-•,tea,- -_ . �..�.a m=.a� ,- - ,.-�.� -
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"
VAC06-2270 «fie 0 � 2
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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
'by — — -
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
UTILITIES RESPONSE
Cox Communications No Objections
Ozarks Electric Coop. No Objections
SWEPCO No Objections
Arkansas Western Gas No Objections
AT&T! Southwestern Bell Telephone
CITY OF FAYETTEVILLE:
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.
RESPONSE
Water/Sewer A 10' utility easement must be
maintained from the sewer main,
located on the property line, in the
area to be vacated. The remaining.
utility easement would be 12.66
from the sewer system.
Solid Waste No Objections
Transportation No Objections
Public Comment: Staff has received responses from several adjoining neighbors. Of
these responses, only the adjoining owner to the east and north, Mr. Bruce Dixon, has
expressed opposition to the vacation request if it will create difficulty or added expense
for this owner to run utilities to his lots. Responses from all utility companies, with the
exception of AT&T/SBC, have been submitted and there are no objections to the
vacation. The only known utility within the easement is sewer and the Water/Sewer
Division has stated that the remaining 12.66' utility easement is sufficient for the
maintenance and repair of the sewer main. The 20' utility easement along the east and
north property line which abuts the property owned by Mr. Dixon will remain intact.
Staff does not foresee any detrimental impacts on the adjacent owners as a result of this
easement vacation.
K:Reports\2006\PC Reports\09-25-06\VAC 06-2270 (Elsass).doc
Recommendation: Staff recommends
approval of
the proposed
utility easement
vacation VAC 06-2270 with the following
condition:
Conditions of Approval:
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 AT&T/Southwestern Bell Telephone approval prior to
City Council consideration.
3. 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: Graves (Consent Agenda)
Second: Trumbo
Vote: 8-0-0
Date: September 25, 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
K:\Reporls\2006\PC Reports\09-25-06\VAC 06-2270 (Elsass).doc
Bruce L. Dixon
Janet A. Flaccus
2809 Hyland Park Rd.
Fayetteville AR 7270 ]
September 12, 2006
Tim Conklin, AICP
Director of Planning and Development Management
City of Fayetteville
113 West Mountain Street
Fayetteville AR 72701
Dear Mr. Conklin:
We are writing you concerning a request for vacating an easement. The request is being
made by Kirk Elsass for a house he is constructing on 620 Rockcliff. Currently part of
the house is constructed over the easement on the west side of the lot. We own the lot
immediately to the east of 620 Rockcliff.
We object to vacating the easement because we do not have full information about how
the current easement is being used. If the easement currently has utilities in it; we object
because it would make accessing the utilities quite difficult if repair were needed. lithe
easement is not active but would have to be activated to supply utilities to our lot
immediately to the east, we would object because of the additional cost to developing our
lot. If we can be assured that these problems will not arise, we will consider waiving our
objection to vacating the easement.
Sincere!
Eruce L. loon
xc: Kirk Elsass via Alan Reid & Associat
Andrew Garner, Senior Planner, City
FROM LINDSEY & ASSOCIATES (WED)SEP 20 2006' ;13/ST.16:42/No.6825578887 P 2
PE I I I ION.TO VACATE AN EASEMENT LOCATED IN LOT 9 OF THE REPLAT OF SLOCK 4, HYLAND PARK,
PHASE 1, TO THE CITY OF FAYE I EVILLE, 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
he abandoned end vacated, lying In Lot 9, Replat of Block 4, Hyland Park, Phase I, City of Fayetteville,
Arkansas, a municipal corporation, petition to vacate a portion of an easement which is described as
follows:
DESCRIPTION CF DIlL" jE&SE UEJYVACATION
A PART OF LOT NUMBERED NINE (9). REPIAT OF BIACK NUMBERED FOUR (41, HYLAND PARK PHASE I,
FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUTr CLERK AND EX4FFICIO•
RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT NINE (9). THENCE NO3°09'33'W 56.35 FEETALONG
THE WEST LINE OF SAID LOT NINE (9) TO A POINT; THENCE LEAVING THE WEST UNE OF SAID LOT NINE (9),
NB6°50270E 14.60 FEET TO THE NORTHWESTERNMOST CORNER OF AN EXISTING NOISE FOR THE TRUE POINT
OF BEGINNING; THENCE S89°28'43'E 531 FEET ALONG THE NORTH UNE 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. S03°o9'33'E 28.43 FEET ALONG THE EAST UNE OF SAID EASEMENT TO A POINT ON THE SOUTH SIDE
OF SAID HOUSE; THENCE LEAVING THE EAST UNE OF SAID EASEMENT, N89°44'08W 7.34 FEET TO THE
SOUTHWESTERNMOST CORNER OF SAID HOUSE; THENCE N00°31'170E 28.41 FEET TO THE POINT OF
BEGINNING, CONTAINING 1824 SQUARE FEET, MORE OR LESS.
That the abutting real estate affected by said abandonment of the easement Is Lot 9, Replat of Block
4, Hyland Park, Phase I, City of Fayetteville, Adcanses, 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
Datedthis `)dayof. 2004.
Printed name
Signature
W - -.
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(10.9.06) Clarice Pearman - Ords. 4931-4934 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 10.9.06 12:54 PM
Subject: Ords. 4931-4934
Attachments: 4934 VAC 2270.pdf; 4931 R-PZD 06-2190.pdf; 4932 VAC 06-2219 Exhibit B.pdf;
4932 VAC 06-2219.pdf; 4933 VAC 06-2220 Exhibit B.pdf; 4933 VAC 2220.pdf; 49
31 R-PZD 06-2190 Exhibit B.pdf
CC: Audit; GIS
Jeremy,
Attached are ordinance passed by the City Council, October 3, 2006. If anything else is needed please let me know.
Thanks.
Clarice
NORTHWEST ARKANSAS EDITION
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
V.
AFFIDAVIT OF PUBLICATION
I, Karen Caler, 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 4934
Was inserted in the Regular Editions:
October 13, 2006 ORDINANCE NO. 4974
Publication Charge: $160.97 AN ORDINANCE APPROVING VAC • I0 SUB -
M EOBYKIRKELS7ASSFORPROPEERTYLOCAT• , Ye evl
ED AT 620 ROCKCLIFF ROAD. 101 9. PHASE 1 OF
HYLAND PARK SUBDIVISION, VACATING A POR-
TTION OF A 20 FOOT UTILITY EASEMENT LOCALARKANSAS
ED ALONG THE WEST PROPERTY LINE OF THE
Subscribed and sworn to before me
Thisl 3day of (DJ , 2006.
Notary Publi . LL
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
�ECEI�IED
OCT 16 2006
City OF FAYtUEVh1IE
CITY CLERK'S OFFICE
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds
a podions thereof which are not required for corporate purposes: and
WHEREAS, the City Council has determined that the following described portion of the platted util-
Ifly easement is not required for corporate purposes. -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: -
I Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons
the following described utility easement:
See Exhibit'Aattached hereto and made a pan 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 record-
ed in the Deed Records of the County
i 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 properly line shag remain In place, with the exception
j 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.
PASSED and APPROVED this 3rd day of October, 2006.
APPROVED: ATTEST:
FXHItlIT �.'r, Mayor SONDRA SMITH, City Clark
VAC 06-2270
A PART OF LOT NUMBERED NINE (9), REPEAT OF BLOCK NUMBERED FOUR (4), HYLAND PALM,
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
OF BEGINNING:
IE WEST LINE OF SAID LOT NINE
CORNER OF AN EXISTING HOUSE
POINT ON THE SOUTH SIDE OF
ALONG THE EAST LINE OF SAID
Etltlhb 'B• Is a map and maybe viewed In the City Clerk/treasurer's office during normal business hours.