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HomeMy WebLinkAboutOrdinance 5068 Doc Recorded : 11%08 20020 3 tr04 : 1239 PM Fee Amt : $25 . 00 Pace 1 of 3 Nashlnoton Countv . AR Bette Stamos Circuit Clerk F11e2007_00041886 ORDINANCE NO. 5068 AN ORDINANCE APPROVING VAC 07-2706 SUBMITTED BY STITT ENERGY SYSTEMS, INC. FOR PROPERTY LOCATED AT 30 NORTH GREENBRIAR DRIVE, VACATING A PORTION OF A UTILITY EASEMENT, A TOTAL OF 288 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 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. 1 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. A variance shall be obtained by the Fayetteville Board of Adjustment to allow for the approximately 12' encroachment into the rear building setback. ``` &.aKITR�s,,��� PASSED and APPROVED this 2nd day of October, 2007. r\a ,•'c0 Y aF' GP = v • • 11 - APPROVED: ATTEST: _ ; FAYETiCVItFE 3 %y s.94kANSPC� BY: By:�a�V�c DAN COOMY, ayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" D = m p mM pm T0 Z5 M m M o � (M!N . 9Z - 3AIN0 31"113'3 m -u L4 MING MVI-deM310 110 5 . . z 0 to Ca T O z NI/M — N 01'27'47' z m gn 44.68' — — — M/N i 0 rQi O o 1 z � 0 a m b 24.9• ` g IN 24' W y i• 11 N o m n fq I 26.@' Z 4 r O 0 i cm -FL A J n r w On � i I m cD� = j 3 �4 0 n � IIx rn m � tn �m�I t1N co CDD Om rel .� I � 0 \m 0 o v 40 1 I O � ' m + FI Wj 00 80 A 1 H080d I i i 2 ..U.E..._.._ 0 m IV W1 N I . XWO9 M ,Z4,90.0o S Cam m n V 0 Zm EXHIBIT "B" VAC 07-2706 A PART OF LOT 17 AND A PART OF LOT 18, IN THE REVISED FINAL PLAT OF GREENBRIAR ADDITION, A PLANNED UNIT DEVLEOPMENT, BEING A REPLAT OF THE 19TH GREEN AND BLOCK ONE (1 ) OF SWEETBRIAR ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE 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, TO-WIT: BEGINNING AT A POINT WHICH IS N00°08'42"W 5.02', N89050956"W 24.70 AND NORTH 3 .70' FROM THE SOUTHEAST CORNER OF LOT 17 AND RUNNING THENCE N00034941 "E 24.00', THENCE S89025' 53"E 12.00', THENCE S0003494119W 24.00' , THENCE N89025 '53"W 12.00' TO THE POINT OF BEGINNING. CONTAINING 288.00 SQUARE FEET. DD City of Fayetteville / D��1�7 Staff Review Form City Council Agenda Items 5065 or Contracts I /A, 0 2-Oct-07 V {y� N I DV15 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2706: (Hammon, 215): Submitted by Stitt Energy Systems, Inc. for property located at 30 North Greenbriar Drive. The request is to vacate a portion of a utility easement on the subject property. $0.00 n/a Na Cost of this request Category/Project Budget Program Category / Project Name n/a We Na 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 L07. Previous Ordinance or Resolution # n/a pa ent hector Date Original Contract Date: Na Original Contract Number: n/a C Attomey Received in-67 's Office -67 9 N RW Finance and 1 ternal Service Director Date Received in Mayors Office Mayor Date Comments: City Council Meeting of October 02, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations ��pp From: Jeremy C. Pate, Director of Current Planning d` Date: September 13, 2007 Subject: Easement Vacation for Hammons (VAC 07-2706) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a utility easement located at 30 N. Greenbriar Drive. BACKGROUND The subject property is located at 30 N. Greenbriar Drive, which is identified as Lot 17 of the Greenbriar Addition. There is a 25' 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 12' into the easement and rear building setback. Utility representatives have no objections to the requested vacation. The applicant requests vacating 288 square feet of the existing easement to allow for the construction of a sunroom. 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 September 10, 2007. The Planning Commission voted 7-0-0 to recommend this vacation request to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2706 SUBMITTED BY STITT ENERGY SYSTEMS, INC. FOR PROPERTY LOCATED AT 30 NORTH GREENBRIAR DRIVE, VACATING A PORTION OF A UTILITY EASEMENT, A TOTAL OF 288 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 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 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. A variance shall be obtained by the Fayetteville Board of Adjustment to allow for the approximately 12' encroachment into the rear building setback. PASSED and APPROVED this dayof 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" ) § 3 7 2 � . ( / ` . +. ., - »,mom© d6 - _ ,� _ ,._3W § ( . . 7 ® k M . - _ 01'27'470 § R � ## - - - AVS § § ƒ is ` ) ( | , k 6 § ¥ , | | 7 2 zs @ . B ® � � § : K � � 2 # | ' as 4 § P § } oco % � F- In I $ m ` � � % § - & 7 \ . _ % � 7 ( § $ rn m + � kco Is ° 4 \ � . + PIP o ) { o i 0 ° � � 1 mad | & ƒ � - -. k . CA : £ l r r ca 2 : ) � 2 � EXHIBIT "B" VAC 07-2706 A PART OF LOT 17 AND A PART OF LOT 18, IN THE REVISED FINAL PLAT OF GREENBRIAR ADDITION, A PLANNED UNIT DEVLEOPMENT, BEING A REPLAT OF THE 19THGREEN AND BLOCK ONE ( 1 ) OF SWEETBRIAR ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE 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, TO-WIT: BEGINNING AT A POINT WHICH IS N00'08'42"W 5 .02' , N89050156"W 24.70 AND NORTH 3 .70' FROM THE SOUTHEAST CORNER OF LOT 17 AND RUNNING THENCE N00034941 "E 24.00', THENCE S8902595311E 12.00', THENCE S00034'4115W 24.001 , THENCE N89025153"W 12.00' TO THE POINT OF BEGINNING. CONTAINING 288.00 SQUARE FEET. • aye l evle PC Meeting of September 10, 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: Septeffib ^ � Updated September 13, 2007 VAC 07-2706: VACATION (HAMMONS, 215): Submitted by STITT ENERGY SYSTEMS, INC. for property located at 30 N. GREENBRIAR DRIVE. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0. 14 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher Findings: Background/Property: The subject property is located at 30 N. Greenbriar Drive, which is identified as Lot 17 of the Greenbriar Addition. There is a 25' 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 12' into the easement and rear building setback. Utility representatives have no objections to the requested vacation. Request: The request is to vacate 288 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. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. KARepons\2007\PC ReporW09-10-OTVAC 07-2706 (Hammon at Gmenbriar Dr).DOC Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Recommendation: Staff recommends approval of the proposed utility easement vacation 07-2706 with the following condition: 1 . Relocation of any existing utilities shall be at the owner/developer's expense. 2. A variance shall be obtained by the Fayetteville Board of Adjustment to allow for the approximately 12' encroachment into the rear building setback. Planning Commission Action: ❑ Denied ❑ Tabled 4 Forwarded to C.C. Motion: Ostner Second: Trumbo Vote: 7-0-0 (approved on consent) Meeting Date: September 10, 2007 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature CITY COUNCIL ACTION: Required ❑ Denied ❑ Tabled ❑ Approved Meeting Date: October 2, 2007 KARcports1200TPC ReportA9-10-07VAC 07-2706 (Hamm m at Grmtbriar Dr).DOC PETITION TO VACATE Art EASEM15UT LOCATED IN S ma,162IFIR , CITY OF FAYETTEVILLE, ARKANSAS tevlsty App LOT t7 s PT Lor IS TO: The Fayetteville Cita Planning Commission and The Fayetteville City Council We. the undersigned. being all the owners of the real estate abutting the (alley asemen right-of-uqv) hereinafter sought to be abandoned and vacated. Iyine in (lot, block, subdivision). City of Fayetteville. Arkansas. a municipal corporation. petition to v acate a(n) (aile.v, easeme right-of-way) i% hich is described as follows: (Legal Description of area to be vacated) That the abutting real estate affected by said abandonment of the alley are (for. block, subdivision of each adjoining lot to the area requested to be vacated) 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 Fayette\ ille. Arkansas. abandon and vacate the above described real estate. subject, hoverer. 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 no%\ approved by lay%. 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 goveming 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 soueht to be abandoned be vested in the abutting property owners as provided by law, and as to that panicular land the owners be free from the easements of the public for the use of said alley. 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