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.
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PASSED and APPROVED this 7a' day of August, 2007. \�G °��S Y O,c
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APPROVED: ATTEST: = ; FAYETTEVILLE;
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By: By:
DAN CO DY, Mayor S NDRA E. SMITH, City Clerk/Treasurer
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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.
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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
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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
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Mayor ate
Comments:
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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.
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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••
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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.
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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