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HomeMy WebLinkAboutOrdinance 5050 lnil uifiNiNillill Recorded : oe 270%20000et 11a10R10 AM Fee Amt : $25 . 00 Page 1 of 3 Washington County . AR Bette Stamoe Circuit Clerk F11e2007-00032799 ORDINANCE NO. 5050 AN ORDINANCE APPROVING VAC 07-2638 SUBMITTED BY PETER (TRIPP) AND BRANDY ESTES FOR PROPERTY LOCATED AT 2350 BIG OAKS DRIVE TO VACATE A PORTION OF A DRAINAGE 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 drainage 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 drainage 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 . The proposed easement vacation shall apply to the drainage easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developer's expense. �.�`'�RK/TR ' \Z Y pF'SGS%i PASSED and APPROVED this 7a' day of August, 2007. FAYETTEVILLE • APPROVED:, ATTEST: :�9s.9h,KANSPSJ=� y;NGTON G�`��� n,ITMA By: By: DAN COODY, May SO DRA E. SMITH, City Clerk/Treasurer EXHIBIT lo DRAINAGE BASBMRIVT ABANDONMENT for TRIPP &BRANDYESTES I I I I N 893195139.98' I tzs Utnny I I I I z al w N W { Q I SE I 6. "odd m d. I N . S' bl atba 5' utolty 5 619TO O7' 140.03' I I Lot 6 in Black 18 of the Eat Oak+ Sbadivisoa, Phase b =72703 JENE INS SURVEYIFAYHFISVt1M AA11jmomwtFAxN'Ml EXHIBIT `B" VAC 07-2638 A PART OF LOT 6 IN BLOCK 10 OF THE EAST OAKS SUBDIVISION, PHASE II, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT THAT IS S89043'01 "W 12.50 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 6, AND RUNNING THENCE S89043101 "W 55 .00 FEET ALONG THE SOUTH LINE OF THE SAID LOT ; THENCE LEAVING SAID SOUTH LINE AND RUNNING N00036'05"W 99.75 FEET TO THE NORTH LINE OF SAID LOT; THENCE N89031 ' 15"E 15.74 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE AND RUNNING TO AND ALONG A WOODEN FENCE LINE THE FOLLOWING: S14029' 16"E 15 .25 FEET, S35036'54"E 27.58 FEET, S0102812511W 4.56 FEET, S440371611E 28.70 FEET TO THE WEST LINE OF A 12.5 FOOT WIDE CITY OF FAYETTEVILLE UTILITY EASEMENT; THENCE LEAVING SAID FENCE LINE AND RUNNING S00036'05"E 37.43 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS . City of Fayetteville I � � C7 Staff Review Form City Council Agenda Items 5v 5O or VAContracts 7-Aug-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2638: (Estes, 332): Submitted by Peter (Tripp) and Brandy Estes for property located at 2350 Big Oaks Drive. The request is to vacate a portion of a drainage easement within 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 Fund Name Budgeted Item Budget Adjustment Attached �7 � Previous Ordinance or Resolution # n/a Department ( to Original Contract Date: n/a Original Contract Number: n/a 7 � ig �07 City Attorney Received in c Office Finance and Internal Service Director Date L ;4 l / Received in Mayor's Office Mayor Date Comments: City Council Meeting of August 07, 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: July 10, 2007 Subject: Easement Vacation for Estes (VAC 07-2638) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a drainage easement located at 2350 Big Oaks Drive. BACKGROUND The subject property is located at 2350 Big Oaks Drive and is zoned RSF-4. The property was platted as part of East Oaks Addition Phase I1 with a 55' drainage easement along the east property line. The applicant requests vacating a portion of the 55' drainage easement to allow for an expansion to the east side of the residence. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission meeting on July 9, 2007. The Planning Commission voted 8-0-0 to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2638 SUBMITTED BY PETER (TRIPP) AND BRANDY ESTES FOR PROPERTY LOCATED AT 2350 BIG OAKS DRIVE TO VACATE A PORTION OF A DRAINAGE 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 drainage 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 drainage 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 . The proposed easement vacation shall apply to the drainage easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" DRAINAGE EASEMENT ABANDONMENT for TRIPP &c BRANDYESTES 1 I N 89-31'15139.98' I its' utanyt I 1 I 1 z Sj m a 1 q � I w N I m P = O 1 0 wd� �9C.4 e O I w /I O 5' unity 1 s BT43201' 140.03, I 1 i Lot 6 in Block 10 of the East Oaks Subdivisim, ML IL JENFAYETTMLL'�ARTM VEYING,INC tXu�x n• rt µq@ flwf TIwsan EXHIBIT `B" VAC 07-2638 A PART OF LOT 6 IN BLOCK 10 OF THE EAST OAKS SUBDIVISION, PHASE II, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT THAT IS S89043'01 "W 12.50 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 6, AND RUNNING THENCE S89043'01 "W 55 .00 FEET ALONG THE SOUTH LINE OF THE SAID LOT ; THENCE LEAVING SAID SOUTH LINE AND RUNNING N00036'05"W 99.75 FEET TO THE NORTH LINE OF SAID LOT; THENCE N89031 '15"E 15.74 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE AND RUNNING TO AND ALONG A WOODEN FENCE LINE THE FOLLOWING: S14029' 16"E 15 .25 FEET, S35036'54"E 27.58 FEET, S01028125 "W 4.56 FEET, S440371161'E 28.70 FEET TO THE WEST LINE OF A 12.5 FOOT WIDE CITY OF FAYETTEVILLE UTILITY EASEMENT; THENCE LEAVING SAID FENCE LINE AND RUNNING S00036'05"E 37.43 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, Tayet !r Y I PC Meeting of July 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: A& 'Q.� ,-'W Updated July 10, 2007 VAC 07-2638: (ESTES, 332): Submitted by PETER (TRIPP) AND BRANDY ESTES for property located at 2350 BIG OAKS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.32 acres. The request is to vacate a portion of a drainage easement on the subject property. Planner: JESSE FULCHER Findings: Property Description: The subject property is located at 2350 Big Oaks Drive and is zoned RSF-4. The property was platted as part of East Oaks Addition Phase II with a 55 ' drainage easement along the east property line. Request: The applicant requests vacating a portion of the 55 ' drainage easement to allow for an expansion to the east side of the residence. 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 No Objections. Cox Communications No Objections. Southwestern Electric Power Company Not applicable. All other existing utility easements shall remain. Arkansas Western Gas No Objections. All other existing utility easements shall remain. Southwestern Bell Telephone No Objections. All other existing utility easements shall remain. K:\Reports\2007\PC Reports\07-09-0T.VAC 07-2638 (Estes 2350 Big Oaks Dnve)dm Relocation of any existing facilities shall be at the owner/developers expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. The 12.5' sewer easement shall remain. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Public Comment: The adjacent property owners have indicated no objections to the proposed drainage easement vacation. Recommendation: Staff recommends forwarding (VAC 07-2638) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1 . The proposed easement vacation shall apply to the drainage easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall beat the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: July 09, 2007 Motion: Graves Second: Ostner Vote: 8-0-0 (forwarded from consent agenda) Comments: K:\Reports\2007\PC Reports\07-09-07\VAC 07-2638 (Estes_2350 Big Oaks Drive).dm ESTES , GRAMLING & ESTES , PLC Attorneys at Law P.O. DRAWER 3883 19 EAST DICKSON STREET FAYETTEVILLE, ARKANSAS 72702-3883 PETER G. ESTES, SR. (19161990) TELEPHONE: (479)521-4444 PETER G. ESTES, JIL WRITER'S DFRECT EMAIL: TESTES(@NWARKCOM FAX: (479) 521-6730 J. DOUGLAS GRAMLRIG} E-MAIL:eegQa nwark-wm PETER G. ESTES BI AMY ESTES TURNER* OFFICE MANAGER: LAURA G. HOBBS •AISOM = wWARNGTON baso wo = N mmom May 22, 2007 Re: Description of Request for Vacation of Easement Recently it has come to our attention that a drainage easement extends Fifty-Five (55) feet from the back property line of our residential lot in Phase Two (2) of East Oaks Subdivision. During the process of looking into building onto our house at 2350 Big Oaks in Fayetteville, we have run into a snag in that our proposed build would cross over into this easement. we have talked to Jesse Fulcher in the Planning Department and he referred us to Perry at Transportation, who has stated that he had no problem vacating this easement to the back fence line of our property. We request at this time that the drainage easement recorded on the Plat of Phase Two (2) East Oaks Subdivsion be vacated to the back fence line of the property. Legal Description for the area to be vacated is as follows: A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being more particularly described as follows: Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Corner of said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of the said lot ; thence leaving said South line and running N00°36'05"W 99.75 feet to the North line of said lot; thence N89°31 ' 15"E 15.74 feet along said North line; thence leaving said North line and running to and along a wooden fence line the following: S14°29'16"E 15.25 feet, S35°36'54"E 27.58 feet, S01 °28'25"W 4.56 feet, S44037116"E 28.70 feet to the West line of a 12.5 foot wide City of Fayetteville utility easement; thence leaving said fence line and running S00036'05"E 37.43 feet along said West line to the point of beginning, containing 0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas, Thank you for your consideration. Si �Gl'1'll� l.o�CJ� randy Estes ��JJ PETITION TO VACATE DRAINAGE EASEMENT LOCATED IN LOT 6 BLOCK 10, EAST OAKS SUBDIVISION, 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 6, Block 10, Phase II, East Oaks Subdivision, Fayetteville, Arkansas, a Municipal Corporation, petition to vacate an easement which is described as follows: A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being more particularly described as follows: Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Comer of said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of the said lot ; thence leaving said South line and running N00°36'05 "W 99.75 feet to the North line of said lot; thence N89°31 ' 15 "E 15.74 feet along said North line; thence leaving said North line and running to and along a wooden fence line the following: S14°29' 16"E 15.25 feet, S35°36'54"E 27.58 feet, S0102812511W 4.56 feet, S44037' 16"E 28.70 feet to the West line of a 12.5 foot wide City of Fayetteville utility easement; thence leaving said fence line and running S00036'05"E 37.43 feet along said West line to the point of beginning, containing 0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas, That the abutting real estate affected by said abandonment of the Drainage easement is as follows: Lot 2, Block 8, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 3, Block 8, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 7, Block 10, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 5, Block 10, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 1 , Block 12, East Oaks Subdivision, City of Fayetteville, Arkansas. The City of Fayetteville declared a 55 foot easement for drainage purposes on said real property; however, neither the City of Fayetteville nor its citizens would be adversely affected by the abandonment of the portion of the above described easement. The petitioners request this vacation for the purpose of completing additional improvements on the real property that would encroach on the current 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 benefits and purpose as now approved by law.