HomeMy WebLinkAboutOrdinance 4958 Doc ID : 030705110002 TVoe : REL
Recorded : 12/29/2006 at 01 : 58 : 44 PM
Fee Amt : $11 . 00 Pace 1 of 2
Mashlnoton COUntV . AR
Bette Stamps Circuit Clerk
File200640052306
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ORDINANCE NO. 4958
AN ORDINANCE APPROVING VAC 06-2315 SUBMITTED BY
ALAN REID & ASSOCIATES FOR PROPERTY LOCATED AT
2753 EAST PAR COURT, VACATING A 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 l : 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.
I . Any relocation of existing utilities shall be at the owner/developer's expense.
2. Only that portion of the utility easement into which the home currently encroaches is vacated by
this approval.
,pparnnrq
PASSED and APPROVED this 5`° day of December, 2006. G;
*
APPROVE ATTEST: ' , Y ` .FAYETiE41LLE
vsy ANefte sp�see JZ�
By. / By: 6wtk�- Map `,,GF014 `
DAN COODY, Mayor SONDRA SMITH, City Clerk
,
EXHIBIT "A"
VAC 06-2315
A PART OF LOT NUMBERED SEVEN (7) IMBLOCK NUMBERED TWO (2), PARADISE
VIEW ESTATES, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER
PLAT OF SAME ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST
CORNER OF SAID LOT SEVEN (7), SAID POINT BEING AN EXISTING IRON REBAR;
THENCE S00042'32"E 38.04 FEET ALONG THE EAST LINE OF SAID LOT SEVEN (7) TO
A POINT; THENCE LEAVING THE EAST LINE OF SAID LOT SEVEN (7), S89° 17'28"W
5.50 FEET TO THE NORTHEAST CORNER OF AN EXISTING HOUSE FOR THE TRUE
POINT OF BEGINNING; THENCE S14°29' 14"W 17. 18 FEET ALONG THE EAST SIDE OF
SAID HOUSE TO A POINT ON THE WEST LINE OF AN EXISTING TEN ( 10) FOOT WIDE
UTILITY EASEMENT; THENCE LEAVING THE EAST SIDE OF SAID HOUSE,
N00042 '32"W 17.80 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT
ON THE NORTH SIDE OF SAID HOUSE; THENCE LEAVING THE WEST LINE OF SAID
EASEMENT, S75030'46"E 4.67 FEET TO THE POINT OF BEGINNING, CONTAINING 40. 1
SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
1 12/29/2008 01 :58:44 PM
and recorded in Real Estate
File Number 2006-0005230
Bette Stamps - Circuit le
* by
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f •
Arkansas Democrat (5axette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571 -6415 RECEIVED
AFFIDAVIT OF PUBLICATION DEC 18 2006
CRY OF FAYETTEVILU
CITY CLERICS OFFICE
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 4958
Was inserted in the Regular Editions:
opmxAHce No. 4e30
December 15, 2006
AN ORDINANCE APPROVING VAC 06-2315 'U" ON T
MITTED
BGBMITTED BY ALAN REID 6 ASSOCIATES FOR PflOP-
Publication Charge : $ 110 . 78 ERTYLOCATE DAT2753EAST PAR COU RTVACAT-
ING A PORTION OF THE UTILITY EASEMENT laye
LOCATED WITHIN THE SUBJECT PROPERTY ARKANSAS
I
(WHEREAS, the City Council has the authority
under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which ere not required for qor-
•porete purposes; and
Subscribed an sworn to before me 1SHEpHAS the City Council hes dolemined that the following described Portion of the platted Lot
ty easement lsnot required for corporatePurposes.ThISI ,�7,) daY Of " a„�_ 2006. MD ,, rxepeFope, ee IT ORDAINED
BY THE cin council of THE cm OF
FAVETTEVILLE, ARKANSAS$ '
Section 1: That Me City Counoll W the City of Fayetteville, Arkansas hereby vacates and abandons
'^\ the following described utility easement
Notary Public Vv • See Exhibit NA* attached hereto and made a pan hereof.
Section 2: Thaticopy Of this Ordnance duty n the eticy the
eRClark along the
hthe unmap record
hereto and labeled Exhibit 's' shall be llletl In the oRlcd of ins Recorder of the County and record-
ed In the Deed Records of the County.
Section 3: That MIs vacation approval Is subject to the conditions of approval as follows, and shall
not be in effect until all conditions are met herein.
M Cprnrpiggjpn �i rP 1. Any relocation of existing utilities shall be at me owner/di"opers expense.
Y Jfldfr�leeiiTfB BUJ arI t 2. Only that Portion of the ullllty easement Into wtlkh the home currently encroaches Is vacated by
11 this approval.
Notary Public PASSED end APPROVED this 5th day of December, 2006.
State of Arkansas [ APPROVED:. ATTEST
My Commission Expires DAN QOODV, MeBy;
yer ONDRA SMITH, CIV Clerk
October 18, 2014 EXHIBIT *A*
VAC 06.2315
A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED TWO (2). PARADISE VIEW
ESTATES, PHASE II, TO THE CITY OF FAYETTEVILtE. ARKANSAS, AS PER PLAT OF SAME ON FILE
IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUN-
TY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THENORTHEAST CORNER OF SAID LOT SEVEN (7), SAID POINT BEING AN EXISTING IRON
REBAR; THENCE S00°42'32'E 30.04 FEET ALONG THE EAST UNE OF SAID LOT SEVEN (7) TO A
POINT; THENCE LEAVING THE EAST LINE OF SAID LOT SEVEN (7), S89017'28" 5.50 FEET TO
THE NORTHEAST CORNER OF AN EXISTING HOUSE FOWTHE TRUE POINT OF BEGINNING:
THENCE S14°2994" 17.10 FEET ALONG THE EAST SIDE OF SAID HOUSE TO A POINT ON THE
I WEST LINE OF AN EXISTING TEN (10) FOOT WIDE UTILITY EASEMENT: THENCE LEAVING THE
EAST SIDE OF SAID HOUSE, NOD°42'32'W 17.80 FEET ALONG THE WEST UNE OF SAID EASE.
MENT TO A POINT ON THE NORTH SIDE OF SAID HOUSE; THENCE LEAVING THE WEST LINE OF
SAID EASEMENT, S75030'460E 4.67 FEET TO THE POINT OF BEGINNING, CONTAINING 40.1
SQUARE FEET. MORE OR LESS. - - - -- I
Exhibit 'B- is amp end may be viewed at the city clerks office during Monnet business nours.
• City of Fayetteville 2 C o
Staff Review Form
City Council Agenda Items
or
Contracts
a�53 E. POr
5-Dec-06
City Council Meeting Date �Wl
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 06-2315 : (Paul, 216): Submitted by Alan Reid & Associates for property located at 2753 East Par Court. The property is
zoned RSF-4, Residential Single Family - 4 units per acre, and contains approximately 0.52 acres. The request is to vacate
portion of a utility easement on the subject property.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
Project Number. Remaining Balance F Fund Name
Budgeted Item O Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
_ tn • o�
Department Oirector Date Original Contract Date: n/a
. Original Contract Number: n/a
11- 1 06
Cityorney
Received in City Jerk's Office
ofmo
Q . td a ,t t ( -17-04 I`
Finance and Internal Service Director Date1-1
Received in Mayor's Office
11 1
0' p
Mayor Date
Comments:
City Council Mag of December 05, 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: November 16, 2006 .
Subject: Easement Vacation for Paul (VAC 06-2315)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a 10' utility
easement located along the eastern property line at 2753 Par Court.
BACKGROUND
The subject property is located at 2753 E Par Court, specifically Lot 7 of Paradise View
Phase 1I. Paradise View Subdivision is located south of Joyce Boulevard, west of
Crossover Road and was platted in 1991 . The subject property is zoned RSF-4 and was
developed in 1993. '
The site plan submitted for building permit approval indicates a 12' building setback
from the side property lines. Prior to construction, the builder mistakenly pulled the lot
line string from the wrong pin at the time the setbacks were determined. The
encroachment into the utility easement and building setback was not discovered until the
house was almost ' completely finished. On August 16, 1993, the Board of Adjustment
approved a variance for the 3 ' encroachment into the side building setback. Mention was
made by staff that the building also encroached into the utility easement; however, no
record exists of an approved vacation of the approximately 41 square foot encroachment
of the easement.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners; there were no objections to this request. The Planning Commission voted 7-0-0
to forward this item to the City Council with a recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2315 SUBMITTED
BY ALAN REID & ASSOCIATES FOR PROPERTY LOCATED AT 2753 EAST
PAR COURT, VACATING A 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 as follows, and
shall not be in effect until all conditions are met herein.
1 . Any relocation of existing utilities shall be at the owner/developer's expense.
2. Only that portion of the utility easement into which the home currently encroaches is
vacated by this approval.
PASSED and APPROVED this—day of 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2315
A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED TWO (2), PARADISE
VIEW ESTATES, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER
PLAT OF SAME ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST
CORNER OF SAID LOT SEVEN (7), SAID POINT BEING AN EXISTING IRON REBAR;
THENCE 500042132"E 38.04 FEET ALONG THE EAST LINE OF SAID LOT SEVEN (7) TO
A POINT; THENCE LEAVING THE EAST LINE OF SAID LOT SEVEN (7), S89° 17'28"W
5. 50 FEET TO THE NORTHEAST CORNER OF AN EXISTING HOUSE FOR THE TRUE
POINT OF BEGINNING; THENCE S 14°29' 14"W 17. 18 FEET ALONG THE EAST SIDE OF
SAID HOUSE TO A POINT ON THE WEST LINE OF AN EXISTING TEN ( 10) FOOT WIDE
UTILITY EASEMENT; THENCE LEAVING THE EAST SIDE OF SAID HOUSE,
N00042'32"W 17.80 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT
ON THE NORTH SIDE OF SAID HOUSE; THENCE LEAVING THE WEST LINE OF SAID
EASEMENT, S75030'4611E 4.67 FEET TO THE POINT OF BEGINNING, CONTAINING 40. 1
SQUARE FEET, MORE OR LESS.
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RED SEVEN (71 IN BLOCK NUMBERED TWO(3} PAPADLSE VIEW
VSE II, TO THE CRY OF FAYETRVIILE, ARINNSAS AS PER .
JE ON FILE IN TNF WPICS ng TNF rmr,m m my sun w neeieu.
Taye L 1 PC Meeting of November 13, 2006
ARKANSAS
THE CITY OF FAYETTEV- ILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (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: November 6, 2006
VAC 06-2315: (PAUL, 216): Submitted by Alan Reid & Associates for property located
at 2753 E Par Court. The property is zoned RSF-4, Residential Single Family - 4
unit/acre and contains approximately 0.52 acres. The request is to vacate a portion of a
utility easement on the subject property.
Owner: James Paul Planner: Suzanne Morgan
Findings:
Property Description and Background: The subject property is located at 2753 E Par
Court, specifically Lot 7 of Paradise View Phase II. Paradise View Subdivision is
located south of Joyce Boulevard, west of Crossover Road and was platted in 1991 . The . .
subject property is zoned RSF-4 and was developed in 1993 .
The site plan submitted for building permit approval indicates a 12 ' building setback
from the side property lines. Prior to construction, the builder mistakenly pulled the .lot
line string from the wrong pin at the time the setbacks were determined. The
encroachment into the utility easement and building setback was not discovered until the
house was almost completely finished. On August 16, 1993, the Board of Adjustment
approved a variance for the 3 ' encroachment into the side building setback. Mention was
made by staff that the building also encroached into the utility easement; however, no
record exists of anapproved vacation of the approximately 41 square foot encroachment
of the easement.
Request: The applicant has submitted an application requesting vacation of the portion of
utility easement into which the building encroaches. The encroachment is located along
the east property line and encompasses approximately 41 square feet. 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
K. IReports12006V'C Reportsll l-13-06WAC 06-2315 (Paul).doc
Ozark Electric Cooperative Corporation No objections if the remainder of the
utility easement is left intact and the
vacation is limited only to the
building encroachment.
Arkansas Western Gas No Objections
AT&T/ Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No objections
Engineering No Objections
Solid Waste No Objections
Transportation No Objections
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation: Staff recommends approval of the proposed utility easement
vacation, VAC 06-2315, with the following conditions:
Conditions of Approval:
1 . Any relocation of existing,utilities shall beat the owner/developer's expense.
2. Only that portion of the utility easement into which the home currently
encroaches is vacated by this approval.
PLANNING COMMISSION ACTION: yes Required
Recommendation to be: /Approved Denied
.
Motion: ,, L an CovtDel
Second: N,6A
Vote: 4.�-O
Date: November 13, 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.-Wepor1s120061PC Reportslll-13-0611'AC 06-2315 (Paul).dx
PETITION TO VACATE AN EASEMENT LOCATED IN LOT 7, BLOCK 2, PARADISE VIEW ESTATES, PHASE II,
TO THE CITY OF FAYETTEVILLE, 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 7, Block 2, Paradise View Estates, Phase 11, 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 SEVEN (7) IN BLOCK NUMBERED TWO (2), PARADISE VIEW ESTATES,
PHASE ll, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAME ON FILE IN THE OFFICE
OF THE CIRCUIT CLERK AND EWFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER
OF SAID LOT SEVEN (7), SAID POINT BEING AN EXISTING IRON REBAR; THENCE S00042'324E 38.04
FEET ALONG THE EAST LINE OF SAID LOT SEVEN (7) TO A POINT, THENCE LEAVING THE EAST UNE OF
SAID LOT SEVEN (7), S89017'28'W 5.50 FEET TO THE NORTHEAST CORNER OF AN EXISTING HOUSE
FOR THE TRUE POINT OF BEGINNING; THENCE S14029' 14'W 17.18 FEET ALONG THE EAST SIDE OF
SAID HOUSE TO A POINT ON THE WEST LINE OF AN EXISTING TEN (10) FOOT WIDE UTILITY EASEMENT;
THENCE LEAVING THE EAST SIDE OF SAID HOUSE, N00042'32'W 17.80 FEET ALONG THE WEST LINE
OF SAID EASEMENT TO A POINT ON THE NORTH SIDE OF SAID HOUSE; THENCE LEAVING THE WEST
LINE OF SAID EASEMENT, S75030'46'E 4.67 FEET TO THE POINT OF BEGINNING, CONTAINING 40.1
SQUARE FEET, MORE OR LESS.
That the abutting real estate affected by said abandonment of the easement is Lot 7, Block 2;
Paradise View Estates, Phase 11, 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 q day of o cTe bel 2006
�aMeS tJ . PO (A
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Signature
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3360 N. PAR COURT
FAYETTEVILLE, ARKANSAS 72703
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