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WOO AWANftW CR. APF. EXHIBIT
'�• 727" 2386 N. AZALEA n
(ASPHALT, 50' R/W) FAwnE19IL& AR. ;
_ Gls'NTI.B OAKS LANA _
R/ y� 1 _ _" N 89'43'01 "E 100.00' = _ — yR/w
ORIGIM
ur, SLO
T Q� � 25' B.S.B. 0.301
ra.a 8 U.E. Q 130000.0
ADJUST
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m 17, 193. 1
LOT 4
BLOCK 10 �. i _ �+ - `�
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765-049 -000 � " '. ' •a. • : . � tl
ROBERT t TRACI FARRAN g . . 4 % FRAME HOUSE k ! les-04937-000
2394 N. BIG OAKS DR. c771�CRE1E ' ; ' W/ BASEMENT w
FAYETIENLLE; AR. 72703 I . . • .ORNE •i2455 I o LARRY 57UE REV.
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Q 2372 N. BIG OAKS DR G (A
FAYETTENLI.E:LOT 57270) / / / / B�' rA
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BLOCK 10 S89'36'49"W� 1WPLAT 135.24' I"
N89'36'490E
�? I AWUSTED LINE 20' B.S.B.
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,WOODEN GARDEN AREA TOB )T 2
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147.6± SQ. FT. I Lt 500 4922 4,38
L2 589'211
L3 4922 12.18'
1 1 L4 NW2115
L5 500'1859
BRANDYls PETER ESIFS, Of I L8 4301
2350 N. W OAKS DR. o
FAYMEZN M AR. 72703 1
w R=50.00 /4?.
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�° CH=S46'09'05"W 78.
EXHIBIT "B"
VAC 07-2758
A PART OF LOT NUMBERED THREE (3), BLOCK TEN (10) OF EAST OAKS ADDITION,
PHASE II, IN THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER 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:" COMMENCING AT THE NORTHEAST CORNER OF SAID
LOT THREE (3), SAID POINT BEING A SET 1 /2" IRON REBAR; THENCE S00° 16' 59"E
117.50 FEETALONG THE EAST LINE OF SAID LOT THREE(3) TO THE NORTH LINE OF
AN EXISTING UTILITY EASEMENT; THENCE S89°43 '01 "W 78.55 FEET ALONGTHE
NORTH LINE OF SAID EASEMENT TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING ON THE EAST WALL OF AN EXISTING STORAGE SHED; THENCE S00°49'22:E
4.38 FEET TO THE SOUTHEAST CORNER OF SAID SHED; THENCE S89°21 ' 15"W 16.23
FEET TO THE SOUTHWEST CORNER OF SAID SHED; THENCE N00°49'22"W 12. 16
FEET TO THE NORTHWEST CORNER OF SAID SHED; THENCE N89°21 ' 15"E 9.86 FEET
ALONG THE NORTH WALL OF SAID SHED TO A POINT ON THE EAST LINE OF AN
EXISTING UTILITY EASEMENT; THENCE S0001615971E 7.74 FEET ALONG THE EAST
LINE OF SAID EASEMENT TO A POINT ON THE NORTH LINE OF AN EXISTING
UTILITY EASEMENT; THENCE N89°43'01 "E 6.45 FEET TO THE POINT OF
BEGINNING, CONTAINING 147.6 SQUARE FEET, MORE OR LESS.
011CD
City of Fayetteville
Staff Review Form u
City Council Agenda Items U
or Ile 07x75 ?
Contracts
4-Dec-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2758: (Bittle, 332): Submitted by Alan Reid for property located at 2455 East Gentle Oaks Lane. The request is to
vacate 148 square feet of the utility easements on 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
Previous Ordinance or Resolution # n/a
l �l• �b o^l
Department birector Date Original Contract Date: n/a
Original Contract Number: n/a
City ey
Received in y Clerk' Office
ENTERED
`+03 Ck. it
Finance and Internal Service Director Date
Received in Mayor
Mayor Date
Comments:
City Council Meeting of December 4, 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: November 15, 2007
Subject: Easement Vacation for Bittle (VAC 07-2758)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating 148 square feet of the
utility easements that are located on the subject property.
BACKGROUND
The project site is located at 2455 Gentle Oaks Lane at Lot 8 in the East Oaks
Subdivision south of Township Street. There are utility easements traversing the western
and southern property lines of the property. The applicant built their home in 1984, and
in 1992 decided to construct a garden shed adjacent to the residence. According to the
applicant they were told that the area proposed for the shed was in a utility easement,
however, since there were no known utility lines in the area the shed would be allowed as
long as it was a portable building, allowing it to be easily removed in event a utility line
needed to be repaired or replaced. The building was completed in 1992. There are no
utilities located within the easements underneath the shed, the area requested to be
vacated (approximately 148 square feet).
The deck off the rear of the house was built over an existing sewer line and associated
easement. The applicant has confirmed with the City Water and Sewer Division that the
sewer line is in need of repair. The applicant has agreed to repair and relocate the sewer
line around the deck. However the applicant is not requesting that the easements under
the deck be vacated at this time.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested easement vacation. This item was heard at the regular
Planning Commission meeting on November 13, 2007 and forwarded by vote of 9-0-0 on
the consent agenda to recommend this vacation request to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 07-2758 SUBMITTED
BY ALAN REID FOR PROPERTY LOCATED AT 2455 EAST
GENTLE OAKS LANE TO VACATE PORTIONS OF THE
UTILITY EASEMENTS ON THE SUBJECT PROPERTY, A
TOTAL OF 148 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
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.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
_ .. .
` "AW CR. �" Y AAWX
_
A n
(ASPHALT, 50' R/W) FAVELTEMU&AR
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GENTLE' DAKS "NN _ T
a
- I
x - 'N89'43 01 E ' 100.00' —
R/WT �- — — o — T LR/W
ORIGIN•
t .7 BLO
z 25' B.S.B. N
U.E. Q 130000
N - - - - (0 0.391
ADJUST
r� / 0 ` I
s
765-04958-Wor m 17, 193. 1
LOT 4 - +:
BLOCK 10 LOT
765-of9JD-000 � • ' 7 : .
2-STORYI� j BLOCK
2ROBW > FAR g . . •AL W aws DR. E FRAME HOUSE 7 LARRY MILE aon
FAYETMVLL& AR. 72703 DRIVE . ' • 1 W/ BASEMENT u LARRY8MLERV.
E
I �. • X2455 I 2455 GENTLE a4a
0. e • �. • �1 FAVE77EVILIZ AR. 7
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SEE DETAIL)WOM&OROMS.t' : YIb06,;•'...''.::':. OO
LOAN , ItY 79.55 '::,is•`u.r ,:.: . °,oR N89'43 0• •E
765-0"40-OW Nw GOR N89 U1 ' j 100.00 vME COP.
4m LINE 2 LINEf2.5/U.E tar 2
Q2372 N. W pV(S XFAM7EW.I.E. AR. 703 ji, j /LOT 5 / / // / JF Pte / // / /, x
S(
BLOCK 10 S89 36 49"1N 135.24
N89036'49"E6z
�7 I AODUS7Ep UNE 20' B.S.B. (O
Go
WOODEN GARDEN p� of
SHED I AA �TO� B� errn )T 2 ^
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'ES m1 76
P.O.B. 2, FT. ' U'
24.
^� ESMT. VAC.
16.2 jp
UN DISTANCE (
147.6* SQ. FT. I Lt SW49 22 4,38
+ L2 SW211 16.23 ;%r
L3 NW49 22 12.16'
L L4 N89'2115 9.86 �P
L5 SWIG 59 7.74 �Y
BRANDYa PETEREsus N L6 4301 .6.45
2550 N. 90 MKS QR
FAYErMNILL& AR. 7270.3
w R=50.00 %
r
I `O CH=S46'09005V 78.
EXHIBIT `B"
VAC 07-2758
A PART OF LOT NUMBERED THREE (3), BLOCK TEN ( 10) OF EAST OAKS ADDITION,
PHASE II, IN THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER 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:" COMMENCING AT THE NORTHEAST CORNER OF SAID
LOT THREE (3), SAID POINT BEING A SET %2' IRON REBAR; THENCE S00° 16'59"E
117.50 FEETALONG THE EAST LINE OF SAID LOT THREE(3) TO THE NORTH LINE OF
AN EXISTING UTILITY EASEMENT; THENCE S89043 '01 "W 78.55 FEET ALONGTHE
NORTH LINE OF SAID EASEMENT TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING ON THE EAST WALL OF AN EXISTING STORAGE SHED; THENCE S00°49'22:E
4.38 FEET TO THE SOUTHEAST CORNER OF SAID SHED; THENCE S89°21 ' 15"W 16.23
FEET TO THE SOUTHWEST CORNER OF SAID SHED; THENCE N00°49'22"W 12. 16
FEET TO THE NORTHWEST CORNER OF SAID SHED; THENCE N89°21 ' 15"E 9.86 FEET
ALONG THE NORTH WALL OF SAID SHED TO A POINT ON THE EAST LINE OF AN
EXISTING UTILITY EASEMENT; THENCE S0001695951E 7.74 FEET ALONG THE EAST
LINE OF SAID EASEMENT TO A POINT ON THE NORTH LINE OF AN EXISTING
UTILITY EASEMENT; THENCE N89°43901 "E 6.45 FEET TO THE POINT OF
BEGINNING, CONTAINING 147.6 SQUARE FEET, MORE OR LESS.
ryel eYILI ePC Meeting of November 13, 2007
AR
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: Nevet1 2607 Updated November J5. 2007
VAC 07-2758: (BITPLE, 332): Submitted by ALAN REID for property located at 2455 E.
GENTLE OAKS LANE. The property is zoned RSF4, SINGLE FAMILY - 4 UNITS/ACRE
and contains approximately 0.73 acres. The request is to vacate a portion of a utility easement.
Property Owner: Larry Bittle
Planner: Andrew Garner
Background/Property: The project site is located at 2455 Gentle Oaks Lane at Lot 8 in the East
Oaks Subdivision south of Township Street. There are utility easements traversing the western
and southern property lines of the property. The applicant built their home in 1984, and in 1992
decided to construct a garden shed adjacent to the residence. According to the applicant they
were told that the area proposed for the shed was in a utility easement, however, since there were
no known utility lines in the area the shed would be allowed as long as it was a portable building,
allowing it to be easily removed in event a utility line needed to be repaired or replaced. The
building was completed in 1992. There are no utilities located within the easements underneath
the shed, the area requested to be vacated (approximately 148 square feet).
The deck off the rear of the house was built over an existing sewer line and associated easement.
However the applicant is not requesting that the easements under the deck be vacated.
Request: The applicant requests to vacate 148 square feet of the utility easements that are located
in the southwest corner of the subject property, under the existing garden shed. The applicant has
submitted the required notification forms to the utility companies and to the City with the result
summarized below.
UTILITIES RESPONSE
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
AT&T/ Southwestern Bell Telephone No Objections
KARepons12007\PC Reports\I 1-13-07\VAC 07-07-2758 (Binle).doc
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer The current deck built over the sewer
main must be moved from the sewer
main easement. See attached memo.
Engineering No Objections
Solid Waste No Objections
Transportation No Objections
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. The Fayetteville Water
and Sewer Division has stated no objection to the requested vacation, subject to the condition that
the existing deck on the property be removed from a portion of the utility easement being
vacated. Conversations with this division prior to publishing of this report indicated that the
sewer line had been televised and is in danger of collapse. The property owner has been
contacted and discussions are underway regarding the potential relocation of the sewer line by the
property owner. It should be noted that structures, including decks, are *not permitted to be
constructed within utility easements for this reason. A utility company retains the right to remove
any structure to maintain its respective utility line, without replacing the structure. Should the
commission desire a resolution in this seemingly separate issue, staff would recommend tabling
this item, unless an update has been provided by the Planning Commission meeting.
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation: Staff recommends forwarding to the City Council with a recommendation of
approval to vacate the utility easement VAC 07-2758 with no conditions.
PLANNING COMMISSION ACTION: yes Required
Recommendation to be: X Forwarded for approval ❑ Denied ❑ Tabled
Motion: Trumbo
Second: Graves
Vote: 9-0-0
Date: November 13. 2007
Comments: On consent aeenda
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
KARcports\2007\PC Repons\l 1-13.OAVAC 07-07-2758 (Bittle).doo
J �
UTILITY APPROVAL FORM
FOR RICHT- OF- WAY, ALLEY�-AND
UTILITY EASEMENT VA�1iTQ NS
to �DATE:
UTILITY COMPANY: Q� �1Y) i1' uE Y V 44 \
APPLICANT NAME: D AQ,- APPLICANT PHONE:
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of. way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location I Address (referring to attached document- must be completed**)
R♦
(ATTACH legal description and graphic representation of what is being vacated-SURVEI)
UTILITY COMPANY COMMENTS.
• No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided` the following conditions are met:1
N(�o
Y�l1S� � MON" } ro
� S�ya.ar 1
Signature of UtLility pany Representative , \1
O
Title
Felvuary 1006
Page 5
City of Fayetteville, Arkansas
Planning Department
Fayetteville, Arkansas 72701
Ladies and Gentlemen:
In the process of preparing necessary paperwork and securing a complete survey of our
property located at 2455 East Gentle Oaks Lane, 72703, for the purpose of obtaining a lot
line adjustment between the lot where our home sets and the lot that we own directly
south of us, we learned that a variance request would also be needed.
After building and completing our home in 1984, we decided to construct a garden
storage building adjacent to our home in 1992. We were then told that the area in which
we wanted to place the structure was in a utility easement; however, we could go ahead
with our plans since no known utility lines were in that specific location and we would
need to make it a portable building. The building was completed in 1992 to the exact
specifications of our home to be aesthetically compatible. We are enclosing pictures
showing the structure today from the front and from the rear with the attached potting
area.
We are requesting a variance to allow this building to remain in its current location. In
order to move this building, we would have to remove four mature hardwood trees and a
mature climbing rose. The involved trees are as follows: 1 . 26" in diameter and 30+ feet
in height; 2. 22" in diameter and 30+ feet in height; 3. 24" in diameter and 50+ feet in
height; 4. 39" in diameter and 50+ feet in height. The original information we received
that no utility lines were involved is apparently the case since no utility company has ever
approached us about any difficulty or interference in the past 15 years even though there
have been various utility upgrades in our neighborhood during this time.
The structure is 16 feet and 3 inches in width and 12 feet and 3 inches in depth with a
four foot overhang on the rear. As you can see, we took extreme care to make it
attractive and have always maintained it in the same way we do our home. We are proud
of Fayetteville's attention to trees and align ourselves with that principle. Our home is
surrounded by many mature trees that we feel add a great deal to the setting and the
neighborhood.
Thank you in advance for your consideration of this matter.
Sincerely, p
Z � 1,fzce
c e
La y and Nancy Bitt l
5000 ARMNSHIRE CR APr. 352 JAMES * MARY wu
SPRINOML' E AR. �Q764 2386 N. AZALEA TE
(ASPHALT, 50' R/ FAYEREVW.E: AR. ;
_ I GENTLE OAKS LANE _
N �
U N
- N
R/w^ l _ " / m N89'43'01 "E 17100,001 _ /w
ORIGIN,
1.7 BLO
T 4� rw`� 25' B.S.B. (A 0.30
o; ' do U.E. 130000.(
f N ADJUST� :� • - - - - - - �pl �, scop
I a30� 765-04938-000 40 0.391
I Ri 17, 193. 1
LOT4 ...__.___--____ -:.: --- _ _._.___ ;
BLOCK 10 LOT
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765-alas-DDo o .. -"`- .d • . . � 2-STORY BLOCK
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ROBERT t TRAO FARRAH . . • r ' . k FRAME HOUSE 765-04937-000
2394 N. BIO ok4a DR. CONCREEE s cJA LARRY BTTR.$ TUr
FAYEITEVILLE, AR. 7270) W/ BASEMENT
I .DRIVE: sl 0 LARRY EYTRE REV
• . , • 4:. . E #2455 24M GENTLE OAKS
• �N. ..—__ ♦' II FAYETIEVILE.E, AR. 7
RSF-4
RSF-4
P.O.B.
(SEE DETA 5.1 ' AC. - • : - E 0
WOO" GARDEN A7
SHED K•pE'cJC ,:`_` ,
1Ar"�s ,42 78.55 °°R 40.00'— —`
3 N89'43'O1 "E
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Nw COR. N8W43 01 E 100.00 NE coR
JONATHON PERRY '' LOT 2 . 12,5 U.E. LOT 2 .8
CYNTNu PATTON 0) R/GINAL UNE x
2372 N. BIO OAKS DR O p
FAYMENLLE AR. 72703 (p /7/� / / � �rvr 7
LOT 5 cO / //'// /7 b m�rED/ S(
BLOCK 10 S89'36�49"W/ "� PLAr 135.24' /x
N89'36'49'E I �` 6X
ADJUSTED UNE 20' B.S.B.
- - � — ^ 47
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SHEDm
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P.O.B. ?. FT °p� ! w
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UNE ING DISTANCE '
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L3 NW49 22 12. 16
E I L4 N872115 9.86 �Q
L5 SW 16 59 7.74 � �1
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BRANDY a PETER Estes, aI I L6 .6.45
2350 N. BIG OAKS DR
FAYE77EWU& AR 72703
(A / R=50.00 %
`° ! / CH =S46'09 '05"W 78.