HomeMy WebLinkAboutOrdinance 5005 Doc ID1
Recorded : 05/04/20070atr02e51 R57 PM
EL
Fee Amt : $17 . 00 Peae 1 of 4
Heshinaton Countv . AR
Bette Stems Circuit Clerk
File2007-00016987
ORDINANCE NO. 5005
AN ORDINANCE APPROVING VAC 07-2549 SUBMITTED
BY DARRYL SPENCER FOR PROPERTY LOCATED AT 1791
N. TRILLIUM LANE, VACATING A 25 ' SEWER EASEMENT
ON 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 sewer 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 platted sewer easement:
See Exhibit `B" 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 "A" 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. The applicant shall file a new 15 ' sewer easement that is to be centered on the existing
sewer main.
Page 2
Ord. 5005
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PASSED and APPROVED this 17`h day of April, 2007. �� G.1 Y OF SG,p
APPROVED: ATTEST: ' UoFAYETTEVILLE
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By: By:
DA 06Y, Mayor SONDWA SMITH, City IerWTreasurer
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EXHIBIT "B"
VAC 07-2549
SURVEY DESCRIPTION OF 25' SEWER EASEMENT TO BE VACATED:
DESCRIPTION 41 :
A PART OF LOT NUMBERED EIGHTY-FOUR (84), BRIDGEPORT ADDITION, PHASE II, TO THE
CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION 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 EIGHT-FOUR (84), SAID POINT BEING AN
EXISTING IRON REBAR; THENCE N70'5 1 '06"E 30.00 FEET ALONG THE SOUTH LINE OF SAID
LOT EIGHTY-FOUR (84) TO A POINT ON THE WEST LINE OF AN EXISTING SANITARY
SEWER LINE EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE N18°34'06"W 79.92
FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT ON THE NORTH LINE OF
SAID LOT EIGHTY-FOUR (84); THENCE N70'5 1 '06"E 25.00 FEET ALONG THE NORTH LINE OF
SAID LOT EIGHTY-FOUR (84) TO A POINT ON THE EAST LINE OF SAID EASEMENT; THENCE
S18034 '06"E 79.92 FEET ALONG THE EAST LINE OF SAID EASEMENT TO A POINT ON THE
SOUTH LINE OF SAID LOT EIGHTY-FOUR (84); THENCE S70°51 '06"W 25 .00 FEET TO THE
POINT OF BEGINNING.
Washington County, AR
I certify this instrument was filed on
05/04/2007 02:51 :57 PM
and recorded in Real Estate
File Number 2007-00016987
Bette Stamps - Circuit CI r4
by
a�A( �GLG 1 �i�atclN �or FORM
ALDERM AGENDA REQ��UE/aST ��� 7
5�
Vie a7-� s �j
Czr
FOR: COUNCIL MEETING OF April 17, 2007
FROM: Shirley Lucas
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
VAC 07-2549 (Spencer) - Water/Sewer Easement Vacation
AN ORDINANCE APPROVING VAC 07-2549 TO VACATE A 25-FOOT
SEWER EASEMENT AT 1791 N. TRILLIUM LANE
APPROVED FOR AGENDA:
b�
Alderman Shir ucas Date
C ( o4. ID . ofi
Jere Pa Date
Direc r o ent Planning
w
City Council Meeting of April 17, 2007
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: March 29, 2007
Subject: Sewer Easement Vacation for Spencer (VAC 07-2549)
RECOMMENDATION
The Planning Commisison and staff recommend approval of an ordinance vacating a 25 '
sewer easement located on Lot 84 of Bridgeport Addition Phase 1I, while dedicating an
easement over the existing sewer line as necessary.
BACKGROUND
The subject property is Lot 84 of Bridgeport Addition Phase 11. It is located south of
Mount Comfort Road and zoned RSF-4. The property was platted in 1996. Easements
platted on the property include a 20' utility easement along the west/rear property line
and an adjacent 25 ' sewer easement. General utilities were to be located within the 20'
utility easement and a sewer line was to be located within the 25 ' sewer easement.
However, a survey has revealed that the general utilities and sewer line are located east of
both the 20' easement and 25 ' sewer easement, thus were not installed within dedicated
easements. Since the utility lines are located east of both utility easements, the owner has
little room available to construct an in-ground pool, or any other permanent structure.
The request is to vacate the existing sewer easement, in which no sewer line is located,
and to dedicate adequate easements necessary for the existing sewer line on the property.
DISCUSSION
The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the
City Council with a recommendation for approval. Notification was provided to
appropriate utility representatives, which, in this case, consists only of the Water and
Sewer Director as the easement requested for vacation only allows for sewer utilities.
Conditions of approval are recommended in order to satisfy the comments made by city
division and utility company representatives.
BUDGET IMPACT
None.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 07-2549 SUBMITTED
BY DARRYL SPENCER FOR PROPERTY LOCATED AT 1791 N. TRILLIUM
LANE, VACATING A 257 SEWER EASEMENT ON 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 sewer 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 platted sewer easement:
See Exhibit "B" 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 "A" 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 beat the owner/developer' s expense.
2. The applicant shall file a new 15 ' sewer easement that is to be centered on the existing sewer
main.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
... C. 3
VAC 07-2549 (Spencer)
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EXHIBIT "B"
VAC 07-2549
SURVEY DESCRIPTION OF 25' SEWER EASEMENT TO BE VACATED:
DESCRIPTION #1 :
A PART OF LOT NUMBERED EIGHTY-FOUR (84), BRIDGEPORT ADDITION, PHASE II , TO
THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION 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 EIGHT-FOUR (84), SAID
POINT BEING AN EXISTING IRON REBAR; THENCE N70°51 '06"E 30.00 FEET ALONG THE
SOUTH LINE OF SAID LOT EIGHTY-FOUR (84) TO A POINT ON THE WEST LINE OF AN
EXISTING SANITARY SEWER LINE EASEMENT FOR THE TRUE POINT OF BEGINNING;
THENCE N18°34'06"W 79.92 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A
POINT ON THE NORTH LINE OF SAID LOT EIGHTY-FOUR (84); THENCE N70051306"E
25.00 FEET ALONG THE NORTH LINE OF SAID LOT EIGHTY-FOUR (84) TO A POINT ON
THE EAST LINE OF SAID EASEMENT; THENCE Sl 8'34'06"E 79.92 FEET ALONG THE
EAST LINE OF SAID EASEMENT TO A POINT ON THE SOUTH LINE OF SAID LOT EIGHTY-
FOUR (84); THENCE S70°51306"W 25.00 FEET TO THE POINT OF BEGINNING.
aye I PC Meeting of April 09, 2007
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU : Jeremy Pate, Director of Current Planning
DATE: Update April 10, 2007
VAC 07-2549: (SPENCER, 360): Submitted by DARRYL SPENCER for property
located at 1791 TRILLIUM LANE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.29 acres. The request is to vacate a 25 '
sewer easement.
Planner: Jesse Fulcher
Findings:
Property Description: The subject property is Lot 84 of Bridgeport Addition Phase ll. It
is located south of Mount Comfort Road and zoned RSF-4. The property was platted in
1996. Easements platted on the property include a 20' utility easement along the
west/rear property line and an adjacent 25 ' sewer easement. General utilities were to be
located within the 20' utility easement and a sewer line was to be located within the 25'
sewer easement. However, a survey has revealed that the general utilities and sewer line
are located outside of both easements. Since the utility lines are located east of both
utility easements, the owner has little room available to construct an in-ground pool, or
any other permanent structure.
Request: The applicant requests vacation of the existing 25 ' sewer easement to allow for
the installation of an in-ground pool between the 20' utility easement and the physical
location of the utility lines.
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
UTILITIES RESPONSE
Ozarks Electric Not Applicable
Cox Communications Not Applicable
Southwestern Electric Power Company Not Applicable
K:\Repons\2007\PC Reponst04-09-07\VAC 074444 (Spencer).doc
Arkansas Western Gas Not Applicable
Southwestern Bell Telephone Not Applicable
CITY OF FAYETTEVILLE : RESPONSE
Water/Sewer No Objections provided that a 15 '
sewer easement is centered on the
existing sewer main.
Transportation No Objections
Solid Waste No Objections.
Engineering No Objections
Public Comment: Owners of Lots 85 and 92 have indicated no objections with the
proposed utility easement vacation.
Recommendation : Staff recommends forwarding (VAC 07-2549) to the City Council
with a recommendation for approval with the following conditions.
Conditions of Approval:
1 . Any relocation of existing utilities shall beat the owner/developer' s expense.
2. The applicant shall file a new 15 ' sewer easement that is to be centered on the
existing sewer main.
CITY COUNCIL ACTION : Required
PLANNING COMMISSION ACTION : Required
Planning Commission Action : Forwarded ❑ Denied ❑ Tabled
Date: April 09, 2007
Motion : Trumbo
Second: Ostner
Vote: 8-0-0
Comments:
K ARcpons�2007\PC Reports\04-09-07\VAC 074444 (Spencer ).doc
Request to vacate sewer easement
The request to vacate the sewer easement on my property is to enable us to build a
swimming pool. The city's sewer line currently is outside the actual easement, however,
we are willing to locate the pool in an alternate location. The only other possible
building site is within the legal easement. All utility lines have been marked and none
are within the area where the vacation is requested.
PETITION TO VACATE AN EASEMENT LOCATED IN , 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
hereinafter sought to be abandoned and vacated, lying in Lot Numbered Eighty -Four
(84), Bridgeport Addition, Phase II, to the City of Fayetteville, Arkansas, as per plat of
said addition on file in the Office of the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas, a municipal corporation, petition to vacate an easement
which is described as follows:
SEWER LINE EASEMENT - TO BE ABANDONED
A PART OF LOT NUMBERED EIGHTY-FOUR (84), BRIDGEPORT ADDITION, PHASE II, TO THE
CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION 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 EIGHT -FOUR (84), SAID POINT BEING AN EXISTING IRON REBAR;
THENCE N70°S1'06"E 30.00 FEET ALONG THE SOUTH LINE OF SAID LOT EIGHTY-FOUR (84)
TO A POINT ON THE WEST LINE OF AN EXISTING SANITARY SEWER LINE EASEMENT FOR THE
TRUE POINT OF BEGINNING; THENCE N18°34'06"W 79.92 FEET ALONG THE WEST LINE OF
SAID EASEMENT TO A POINT ON THE NORTH LINE OF SAID LOT EIGHTY-FOUR (84); THENCE
N70°51'06"E 25.00 FEET ALONG THE NORTH LINE OF SAID LOT EIGHTY-FOUR (84) TO A
POINT ON THE EAST LINE OF SAID EASEMENT; THENCE S18°34'06"E 79.92 FEET ALONG THE
EAST LINE OF SAID EASEMENT TO A POINT ON THE SOUTH LINE OF SAID LOT EIGHTY-FOUR
(84); THENCE S70°51'06"W 25.00 FEET TO THE POINT OF BEGINNING.
That the abutting real estate affected by said abandonment of the alley are City of
Fayetteville used by the public for a period of many years, and that the public interest
and welfare would not be adversely affected by the abandonment of the portion of the
above described easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
above described real estate, subject, however, to the existing utility easements and
sewer easements as required, and that the above described real estate be used for their
respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the
abutting property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of
the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject to said utility and sewer easements, and that title to said real estate sough to be
abandoned be vested in the abutting property owners as provided by law, and as to that
particular land the owners be free from the easements of the public for the use of said
alley.
Dated this aL day of (' 11AXc,h , 20 a1.
name
printed name
signature
SEWER LINE EASEMENT - TO BE ABANDONED
A PART OF LOT NUMBERED EIGHTY-FOUR (84), BRIDGEPORT ADDITION, PHASE 11, 10 THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION 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
EIGHT -FOUR (84), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N70°51'06"E 30.00 FEET
ALONG THE SOUTH LINE OF SAID LOT EIGHTY-FOUR (84) TO A POINT ON THE WEST LINE OF AN
EXISTING SANITARY SEWER LINE EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE
N18°34'06"W 79.92 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT ON THE NORTH
LINE OF SAID LOT EIGHTY-FOUR (84); THENCE N70°51'06"E 25.00 FEET ALONG THE NORTH LINE OF
SAID LOT EIGHTY-FOUR (84) TO A POINT ON THE EAST LINE OF SAID EASEMENT; THENCE
S18°34'06"E 79.92 FEET ALONG THE EAST LINE OF SAID EASEMENT TO A POINT ON THE SOUTH LINE
OF SAID LOT EIGHTY-FOUR (84); THENCE S70°51'06"W 25.00 FEET TO THE POINT OF BEGINNING.
Jesse Fulcher - 91 N Trillium Ln. easement vacation Page 1
From: Jan Gambill
To: Fulcher, Jesse
Date: 4/5/07 11:30AM
Subject: Fwd: 1791 N Trillium Ln. easement vacation
Jan Gambill
Senior Planning Clerk
City of Fayetteville
Planning Division
125 W. Mountain Street
Fayetteville AR 72701
479-575-8263
jgam bill@ci.fay.ar.us
>>> Tom Hubbard 4/5/2007 11:30 am >>>
Jan,
In respect to the Mr. Spencer easement vacation request # VAC 07-2549.
I received the final copy of the survey from the surveyor by email on Thursday 3-29-2007. After review of
the document I think we need to be consistent with the past and retain a minimum of 15 feet easement,
7.5 feet on each side of the center line of the existing sewer main. We must retain 15 feet of easement,
not the 10 feet that they are proposing.
Thank you,
Tom Hubbard
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[(4.23,07) Clarice Pearman - Ords. 5005, 5007 & 5009 _ Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 4.23.07 4:25 PM
Subject: Ords. 5005, 5007 & 5009
Attachments: 5007 ANX 07-2507 Spencer.pdf; 5009 VAC 07-2484 Rhoads.pdf; 5005 VAC 07-2549
Spencer.pdf
CC: Audit; GIS
Jeremy:
Attached is a copy of the above ordinances passed by City Council, April 17, 2007. Please let me know if there is anything
else needed. Have a good day.
Thanks.
Clarice
A • • , 1' • �.r I i • ' r
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazefte 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 5005
Was inserted in the Regular Editions: ORDINANCE No. EDO1
April 26, 2007 AN ORDINANCE APPROVING VAC 07-2549 SUB-
MITTED BY DAR
SPENCER FOR PROPERTY
Publication Charge: $116.05 LOCATED EASET 1791 EN. T ON
UHE SUBJECT
EC PRO lzye
25' SEWER EASEMENT ON THE SUBJECT PROP- evl e
EAT).
ARKANSAS
WHEREAS, the City Council has the authority
under ACA. § 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
Subscribed and sworn to before me
sewer easement is not required for corporate purposes; '
Thi&day of NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF.
FAYETTEVILLE, ARKANSASI
Section 1: That the City Council of theCity of Fayeaeville. Arkansas hereby vacates and abandons
Mthe following described platted sewer easement:
See Exhibit'B' attached hereto and made a pan hereof.
Notary Publi Section 2: That a copy of this Ordinance duly certified by the City Clark along with the nap attached
hereto and labeled Exhibit'Ashall be filed in the office of the Retorter, of the County and record-
ed 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.
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
217 2001
APR
CrfrCLE 1"5 �(T F
1. Any relocation of existing utilities shell be at the owner/developerexpense.
2. The applicant shall file a new 15' sever easement that is to be centered on the existing sewer
"sin.
and APPROVED this 17th day of April, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayes Si SNITN, City Cbr/OsAn,•.y
Exhibit A Is a map and may be viewed in the office of the city cferkctreesuier during normal business
hours.
EXHIBIT'S' ..
9
SURVEY DESCRIPTION OF 25' SEWER EASEMENT OBE VACATED: •.
DESCRIPTION #1:
A PART OF LOT NUMBERED EIGHTY.Fni Prue, oouveconnr Anna.-'.. ... ..._.. ___.__.
)1 I5 -E 30O0 FEET ALONG THE SOUTH LINE OF SAID LOT EIGHTY -F(
HE WEST LINE OF AN EXISTING SANITARY SEWER LINE EASEMENT F
,GINNING; THENCE N18°34'08W 79.92 FEET ALONG THE WEST UNE
POINT ON THE NORTH UNE OF SAID LOT EIGHTv.Fnl in roe\. TucMv
..r a. -au C cmtN I; IMtNUE S18°34'0B'E 79.92 FEET ALONG THE EAST LINE OF
MENT TO A POINT ON THE SOUTH LINE OF SAID LOT EIGHTY-FOUR (84); THENCE
25.)3 FEET TO THE POINT OF BEGINNINf