HomeMy WebLinkAboutOrdinance 5051 Doc Recorded : OS/27%200�OatT13e : REL AM Fee Amt : $25 . 00 Pace 1 of 3 vashlncton Countv . AR { Bette Stamos Circuit Clerk F11e2007-00032800 ORDINANCE NO. 5051 AN ORDINANCE APPROVING VAC 07-2639 SUBMITTED BY BILL BOSS FOR PROPERTY LOCATED AT 5608 RELIANCE TO VACATE A PORTION OF A UTILITY 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 utility easements are 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 easements: 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 . Relocation of any existing utilities shall be at the owner/developer' s expense. R�9° PASSED and APPROVED this 7a' day of August, 2007. \�G °��S Y O,c : V . A APPROVED: ATTEST: = ; FAYETTEVILLE; L� c,J� :vsr9t' RI( .' By: By: DAN CO DY, Mayor S NDRA E. SMITH, City Clerk/Treasurer uwuuu EXHIBIT "o'• AREA TO B�AC7ED $ 28 L587034'370E s' � x — x — x —x ODIC _ C4 N 2D" URL ESMT. x � P.0.B. I ui x SUNRDOM 'NACATON ADDITION ' Ll L5 , + yypp nl P w I caNt. Ari _ + +L- + + Ano uy N R !� d x d suoouu � O �r in BEARING d . • LINE BBEAo F7RAREA V) NG DISTANCE = IIII558'03 52 528 L2 S024 45. t7A0 ! LOT 145 a I� , � NBB0352 5.11 w 0.871 ACRES A q L4 N029552'E 37,899.42 50. FIT L5 NB7'4408 14.74 '? ry^ IN d � (o JJ d M f e H a � a a . O� daero ' a • R/1y_ SAS k RELIANCE STREET t` {ASPHALT, 50'. R/I L=62.36 5 Ra75.t2' 1 1 1 z EXHIBIT "B" VAC 07-2639 A PART OF LOT NUMBERED ONE HUNDRED FORTY-FIVE (145), HERITAGE VILLAGE SUBDIVISION, PHASE 11 , TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION 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 ONE HUNDRED FORTY-FIVE (145), SAID POINT BEING AN EXISTING CONCRETE MONUMENT; THENCE S02° 15 '52"W 81 .92 FEET ALONG THE EAST LINE OF SAID LOT TO A POINT; THENCE N87°44'08"W 14.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE S02°47'45"W 17.00 FEET; THENCE N88003' 52"W 5 . 11 FEET TO A POINT ON THE WEST BOUNDARY OF A TWENTY (20) FOOT WIDE UTILITY EASEMENT; THENCE NO2° 15 ' 52"E 17.00 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT; THENCE S88°03 ' 52"E 5 .26 FEET TO THE POINT OF BEGINNING, CONTAINING 88.2 SQUARE FEET; MORE OR LESS. ! ! ry vel City of Fayetteville 1O0 /07 Staff Review Form City Council Agenda Items or Contracts 7-Aug-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2639: (Four Seasons SunroomsBoss, 397): Submitted by Bill Boss for property located at 5608 Reliance. The request is to vacate a portion of a utility easement within the subject property. $0.00 n/an/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 1 Project Category Name n/a n/a n/a Fs F Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached l Previous Ordinance or Resolution # n/a Department ofirec r Date Original Contract Date: n/a n Original Contract Number: n/a d ' 2J- 0 � Ci Attorney Received in City lerWs O e EN WJ Finance and Internal Service Director Date - -- - - Received in Mayor's Office E Z Mayor ate Comments: l __ City Council Meeting of August 07, 2007 Agenda Item Number CITY COUNCILAGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations �Q From: Jeremy C. Pate, Director of Current Planning Date: July 12, 2007 Subject: Easement Vacation for Four Seasons Sunrooms (VAC 07-2639) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a utility easement located at 5608 Reliance Street. BACKGROUND The subject property is located at 5608 Reliance Street and is zoned RT- 12. The property was platted as part of Heritage Village Subdivision with a 20' general utility easement along the rear (east) property line. r The applicant requests vacating a portion of the 20' utility 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. l ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2639 SUBMITTED BY BILL BOSS FOR PROPERTY LOCATED AT 5608 RELIANCE TO VACATE A PORTION OF A UTILITY 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 utility easements are 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 easements: 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 . Relocation of any existing utilities shall be at the owner/developer' s expense. 2. A variance must be obtained by the Fayetteville Board of Adjustment to allow for the approximately five-foot encroachment into the rear building setback. PASSED and APPROVED this day of 2007. APPROVED : ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT '•o•• AREA 70 OE VACS 20 - S87-34'37'E 128.57' 1.6 00 N U N 20" SL. IF SMl. -- -- I P.O.B. 1 SUNROOM VACATION j ADDMON I L l5 + J N ^ TJ- J W 2 o= o I % AREA To BE VACATED Com. 4Y N ,O - PrtN f Ua • 3' Km % 1 ENCRDAS:NMEM AREA I2 � LINEBEARING DISTANCE - LUNG Lt 580'0352-E 526' L2 s �� o2-a7a5'Yv t7.oa LOT 145 c {� L3 N88'o3'52-W 5.1V w 0.87± ACRES d .� L4NoT%52'£ 17.00 �= 37,899.41 S4- ET- L5 mar" 08 14.74' / d ry W ' 4 M � ry r d a d ' a F` .Oh r k r REUANCE STREET (ASPHALT. 50' R/W) L=62.36' S R=75.12' .. 1 i I p c EXHIBIT `B" VAC 07-2639 A PART OF LOT NUMBERED ONE HUNDRED FORTY-FIVE ( 145), HERITAGE VILLAGE SUBDIVISION, PHASE .112 TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN TH EOFFICE 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 ONE HUNDRED FORTY-FIVE (145), SAID POINT BEING AN EXISTING CONCRETE MONUMENT; THENCE S02° 15 '52"W 81 .92 FEET ALONG THE EAST LINE OF SAID LOT TO A POINT; THENCE N87044'08"W 14.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE S02°47'45"W 17.00 FEET; THENCE N88003 '5219W 5. 11 FEET TO A POINT ON THE WEST BOUNDARY OF A TWENTY (20) FOOT WIDE UTILITY EASEMENT; THENCE NO2015752"E 17.00 FEET 'ALONG THE WEST LINE OF SAID EASEMENT TO A POINT; THENCE S88°03 '52"E 5.26 FEET TO THE POINT OF BEGINNING, CONTAINING 88.2 SQUARE FEET, MORE OR LESS. 7ae4 � ev I fle AAS PC Meeting of July 9, 2007 RKANS 4 7Y THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: J t ' , ,? Updated July 17, 2007 VAC 07-2639: VACATION (FOUR SEASONS SUNROOMSBOSS, 397): Submitted by BILL BOSS/ FOUR SEASONS SUNROOMS for property located at 5608 RELIANCE. The property is zoned RT- I2, RESIDENTIAL TWO & "THREE FAMILY and contains approximately 0.87 acres. The request is to vacate a portion of a utility. easement on the subject property. Property Owner: Jamie and Jennifer Beaver . Planner: Andrew Garner Findings: Staff finds that vacating the requested portion of easement would not adversely affect access to the utilities serving the property or any other adjacent property. Background/Property: The subject property is located at 5608 Reliance Street, which is identified as Lot 145 of the Heritage Village Subdivision. There is a 20' general utility easement along the rear (east) property line. The applicant would like to construct a sunroom on the back of their house. The sunroom would encroach approximately .five feet into the easement and rear building setback. Utility representatives have no objections to the requested vacation. Request: The request is to vacate 88.2 square feet of the existing utility easement. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. AEP/SWEPCO No Objections. SBC Southwestern Bell/AT&T No Objections. Arkansas Western Gas No Objections. K.\Reports\2007TC Repons\07-09-07\V.4C 07-2639 (Four Scisons Sunrooms - Boss).DOC - CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Recommendation : Staff recommends approval of the proposed utility easement vacation 06-2639 with the following condition: 1 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. A variance must be obtained by the Fayetteville Board of Adjustment to allow for the approximately five-foot encroachment into the rear building setback. PLANNING COMMISSION ACTION: yes Required X Forwarded to City Council recommendation for approval Denied Motion : Graves Second: Ostner Vote: 8-0-0 Date: July 9, 2007 Comments: Approved on the consent agenda. 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 CITY COUNCIL ACTION : yes Required Approved Denied Date: August 7, 2007 K:\Repoits\2007TC Rq)ons\07-09-07wAC 07-2639 (Four Seasons Sunmoms - Boss).DOC PETITION TO PARTIALLY VACATE AN EASEMENT PETITION TO PARTIALLY VACATE AN EASEMENT LOCATED IN Lot 145 of Heritage 'Village Subdivision, City of Fayetteville, Arkansas TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate abutting the easement hereinafter seek to partially vacate an easement lying in Lot 145 of Heritage Village Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to partially vacate an easement which is described as follows: A part of lot numbered one hundred forty-five (145), Heritage Village Subdivision, Phase II, to the City of Fayetteville, Arkansas., as per plat of said Subdivision 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 one hundred forty-five (145), said point being an existing concrete monument; Thence S02015'52"W 81 .92 feet along the East line of said lot to a point; Thence N87°44'08"W 14. 74 feet to the true point of beginning; Thence S02047'45"W 17.00 feet; Thence N88°03'52"W 5.11 feet to a point on the West Boundary of a Twenty. 20 foot wide utility ease ( ) y menta Thence NO2015'52"E 17. 00 feet along the West line of said easement to a point; Thence S88°03'52'E 5. 26 feet to the point of beginning containing 88. 2 square feet, more or less. That the abutting real estate affected by said abandonment of the easement are Lot 145 , Heritage Village Subdivision , City of Fayetteville used by the public for a period of 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 e described real estate and that the above-described real estate be used for their respective benefits 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, 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 easement of the public for the use of said easement. Dated this olbqA day of onj 2007 Jano Beaver Signature Jennifer-Joe B aver Signature