The URL can be used to link to this page

Home My WebLink AboutOrdinance 5009 Doe ID : Recorded : 05/04%20000at702:53:13 PM Fee Amt : $37 . 00 Pace 1 0f q Mashlnaton Countv . AR Bette Stamoe Circuit Clerk Flle2007-00016989 ORDINANCE NO. 5009 AN ORDINANCE APPROVING VAC 07-2484 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 2791 NORTH SHADYBROOK COVE TO VACATE 12.5 ' OF A 25 ' UTILITY EASEMENT, A TOTAL OF 1 ,277 SQUARE FEET. 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 `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 provide access to an existing manhole under the existing fence, via methods approved by the Water and Sewer Division. Page 2 Ord. 5009 ••••pcHrr nrrole, r PASSED and APPROVED this 17th day of April, 2007. At-X, •6\1 Y O;r APPROVED: ATTEST: e • :j° ; FAYETrEVILLE ; By. By: 6 — F'9�••9RkANSPJ�` � `- DAN COODY, Mayor SONDRA SMITH Ci Clerk/Treasurer 'ij�TON�%CO•`•�� City auu� EXHIBIT "A" \ 765-19687-000 4 SIDEWALK L-37.73 BURTON 9 BEVERLY ELLIOT R=50.000 \ \ 2805 N SHADYBROOK CV FAYETTEVILLE• AR 72703-4384 \ CONCRETE PAD L=28.720 o• U.E- A3Z ? Rm15.50• _ M• E \ N ` IRON FENCE VACATE 12.5' OF U.E. �A \ CONCRETE O O DRIVEWAY C 2\U.. 0 m L42 EXISTING I " 25' U.E. 6 p �. HOUSE A ® BUILDING SO 4f Q LOT 46 v Q p \ \ EXISTING 4• SIDEWALK DECK o0 to (y oa oa 10' U.E. u I �j \ •P \ m2 6 ton p 50' R/W WOO FENCE g13 p ow w EX. 8' S.S. 00 i 765-19809-000 31.00 O MATTHEW & JENNIFER MASON 2777 N D P•O.B. FAYETTEVIILLE,O AR72703-4372 EXHIBIT "B" VAC 07-2484 COMMENCING AT THE SW CORNER OF SAID LOT 46 THENCE N73008 '44"E 12.65 FEET TO THE P.O.B., THENCE N25037'53"W 102. 18 FEET, THENCE N73008 '44"E 12.65 FEET, THENCE S2503715379E 102. 18 FEET, THENCE S73008 '44"W 12.65 FEET TO THE P.O.B. ; CONTAINING 1 ,277 SF. Washington County, AR I certify this instrument was filed on 05/04/2007 02:53: 13 PM and recorded in Real Estate File Number 2007-00016989 Bette Stamps - Circuit Cier by addzd a 4tb S�� MlIV 7 q,11 -7167ALDERMAN GENDA REQUEST FORM 50d9 ✓� c d 7 -� 54x`1/ �tioads FOR: COUNCIL MEETING OF April 17, 2007 FROM: Bobby Ferrell ORDINANCE OR RESOLUTION TITLE AND SUBJECT: VAC 07-2484 (Rhoads) - Utility Easement Vacation AN ORDINANCE APPROVING VAC 07-2484 TO VACATE A PORTION OF 25-FOOT UTILITY EASEMENT AT 2791 NORTH SHADYBROOKE COVE. APPROVED F AGENDA: Gf- 7 Alderman Bobby Ferrell Date Jerem to Date irecto of Current Planning 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 , D From: Jeremy C. Pate, Director of Current Planning�3` Date: April 10, 2007 Subject: Utility Easement Vacation for Rhoads (VAC 07-2484) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance vacating a portion of a 25 ' utility easement located on Lot 46 of Brookbury Woods Addition. BACKGROUND The subject property is 2791 North Shadybrook Cove, Lot 46 of Brookbury Woods Addition. Itis located south of Old Wire Road / Skillern Road and zoned RSF-4. The property was platted in July 1995. A designated floodplain abuts the lot's west property line. Easements platted on the property include a 25' utility easement along the west/rear property line, a 10' utility easement along the side/south property line, and a 25 ' utility easement along the right-of-way. The applicant requests vacation of 12.5' ( 1 ,277 square feet) of the existing 25 ' utility easement along the west property line to create sufficient area for improvements to the rear yard. These improvements include the installation of a pool as well as a patio and a fire place with brick ledge. The pool itself will not encroach within the easement, but the fire place and brick ledge will. If the vacation is approved, a 12.5 ' utility easement will remain, which is greater in width than the 10' utility easement adjacent to the west property line of Lot 45 to the north and one-half the size of the 25 ' utility easement to the south. Staff recommends vacation of one-half of the 25 ' utility easement as request. Two adjoining property owners have indicated no objections to the request. 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 all appropriate utility representatives. Conditions of approval are recommended in order to satisfy the comments made by city division and utility company representatives. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2484 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 2791 NORTH SHADYBROOK COVE TO VACATE 12.5 ' OF A 25' UTILITY EASEMENT, A TOTAL OF 1 ,277 SQUARE FEET. 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 `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 provide access to an existing manhole under the existing fence, via methods approved by the Water and Sewer Division. Page 2 Ord. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" \ \ 4' SIDEWALK L=37.730 BURTO887-000 BIATON 6 BEVERLY ElUOT R=50.00• \ 2805 N SHADYBROOK CV FAYETTEVILLE. AR 72703-4384 \ CONCRETE PAD L=2$.72' .�. Rml5,50• 0' U.E. �3 �\ IRON FENCE � • , `VACATE 12.5' OF U.E. •• . \ CONCRETE O O DRIVEWAY O \ w O EXISTING ® BUILDING SO Q• HOUSE Q LUT 46 O\ \ EXISTING 4' SIDEWALK to Y� \ DECK 0 n �a.,•f 4SJB f S N 1t ✓ EX. 8.S.S. YP F \ 50' R/W WO T b o Aq' Y8 D FENCE s 785-19889-000 31.00 O MATTHEW 8 JENNIFER MASON 2777 N SHADYBROOK CV P.O.B. FAYETTEVILLE. AR 72703-4372 EXHIBIT "B" VAC 07-2484 COMMENCING AT THE SW CORNER OF SAID LOT 46 THENCE N73008144"E 12.65 FEET TO THE P.O.B., THENCE N25037953"W 102. 18 FEET, THENCE N73008144"E 12.65 FEET, THENCE S25037753"E 102. 18 FEET, THENCE S7300814415W 12.65 FEET TO THE P.O.B.; CONTAINING 1 ,277 SF. PC Meeting of April 09, 2007 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain Sl. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner �e Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Plannin DATE: March 12, 2007 VAC 07-2484: (RHOADS, 294): Submitted by JORGENSEN AND ASSOCIATES for property located at 2791 N. SHADY BROOK COVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.33 acres. The request is to vacate 12.5' of a 25' utility easement. Planner: Suzanne Morgan Findings: Property Description: The subject property is Lot 46 of Brookbury Woods Addition. It is located south of Old Wire Road / Skillern Road and zoned RSF-4. The property was platted in July 1995. A designated floodplain abuts the lot's west property line. Easements platted on the property include a 25 ' utility easement along the west/rear property line, a 10' utility easement along the side/south property line, and a 25 ' utility easement along the right-of-way. Request: The applicant requests vacation of 12.5 ' ( 1 ,277 square feet) of the existing 25 ' west/rear utility easement to make improvements to the rear yard. These improvements include the installation of a pool as well as a patio and a fire place with brick ledge. The pool itself will not encroach within the easement, but the fire place and brick ledge will. If the vacation is approved, a 12.5 ' utility easement will remain, which is greater in width than the 10' utility easement adjacent to the west property line of Lot 45 to the north and one-half the size of the 25 ' utility easement to the south. 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 Any relocation or damage to existing plant will be at the owner/developer's expense. K:\Repons\2007W Reports\04-09-07WAC 07-2484 (Rhoads).doc Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections provided that 12.5 ' of the existing utility easement remain and the applicant provides access to a manhole located under the fence in a manner approved by the Water and Sewer Division. Transportation No Objections Solid Waste No Objections. Engineering No Objections Public Comment: Owners of Lots 45 and 47 have indicated no objections with the proposed utility easement vacation. Recommendation: Staff recommends forwarding (VAC 07-2484) 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 provide access to an existing manhole under the existing fence, via methods approved by the Water and Sewer Division. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTI N : Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: April 09, 2007 Motion : T�kM6 Second: '' . `6 Vote: 6 - 0 0 - 0 (on Comments: K:\Repons\2007\PC Reports\04-09-07\VAC 07-2484 (Rhoads)Am