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City of Fayetteville 21 4//Q 7
Staff Review Form 5o g 7
City Council Agenda Items 1rl&
or �
Contracts
4-Dec-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2761 : (Roetzel, 370): Submitted by Mike and Julie Roetzel for property located at 1626 East Cypress, Lot 46 of
Charleston Place Subdivision. The request is to vacate portion of a utility easement on the subject property.
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Cost of this request Cate o /Pro ect Budget Program Category / Project Name
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Account Number Funds Used to Date Program / Project Category Name
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Depaartmeennt director Date Original Contract Date: n/a
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City Attom y
AReceived in City C ENTERED
Offi
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Finance and Internal Service Director Date
Received in Mayors Office ENT
Mayor D
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 J
Date: November 15, 2007
Subject: Easement Vacation for Roetzel (VAC 07-2761 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating 3 feet (219 sq. ft.) of the
utility easement along the west side of the subject property.
BACKGROUND
The subject property is located east of Old Wire Road and directly north of the cemetery
on Mission Boulevard and was created with approximately 49.59 feet of frontage. It is
one of the 51 lots of Charleston Place, a Planned Unit Development approved in 1999,
which allowed for smaller lots than permitted by the underlying zoning regulations.
Currently, lot 46 ( 1626 E. Cypress) is approximately 0.09 acres, of which more than 25%
is within a utility easement along the north, west, and south property lines. A majority of
the surrounding lots contain more area and fewer utilities easements.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested easement vacation, provided it is only the 3 feet as described.
This item was heard at the regular Planning Commission meeting on November 13, 2007
and forwarded by vote of 8-0- 1 on the consent agenda to recommend this vacation
request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2761 SUBMITTED
BY MIKE AND JULIE ROETZEL FOR PROPERTY LOCATED
AT 1626 EAST CYPRESS, LOT 46 OF CHARLESTON PLACE
SUBDIVISION TO VACATE A PORTION OF A UTILITY
EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF
0.09 ACRES.
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.
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 . No portion of the front or back utility easements shall be vacated.
PASSED and APPROVED this day of , 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "B"
VAC 07-2761
A PART OF LOT 46, CHARLESTON PLACE, FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, AS SHOWN ON PLAT RECORD 16 AT PAGE 36, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT
WHICH IS N88036131 "E 4.5 ' FROM THE NORTHWEST CORNER OF SAID LOT 46 AND
RUNNING THENCE S00050936"W 90.321, THENCE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 330.421AND A CHORD BEARING AND DISTANCE OF
S88032'387'E 3 .001, THENCE N00050'36"E 90.47' , THENCE S88°36' 31 "W 3.00' TO THE
POINT OF BEGINNING.
Ta
ye evl e PC Meeting of November 13 , 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: Data Sanders, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: tet,.. ..... W Updated November 14, 2007
VAC 07-2761 : (ROETZEL, 370): Submitted by MIKE AND JULIE ROETZEL for
property located at 1626 E. CYPRESS, LOT 46 OF CHARLESTON PLACE
SUBDIVISION. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE
and contains approximately 0.09 acres. The request is to vacate a portion of a utility
easement.
Planner: Dara Sanders
Findings:
Property Description and Background: The subject property is located east of Old Wire
Road and directly north of the cemetery on Mission Boulevard and was created with
approximately 49.59 feet of frontage. It is one of the 51 lots of Charleston Place, a
Planned Unit Development approved in 1999, which allowed for smaller lots than
permitted by the underlying zoning regulations. Currently, lot 46 ( 1626 E. Cypress) is
approximately 0.09 acres, of which more than 25% is within a utility easement along the
north, west, and south property lines. A majority of the surrounding lots contain more
area and fewer utilities easements.
Request: The applicant is requesting to vacate 3 feet (a total of 219 square feet) of a
utility easement along the west side of the property, in order to provide sufficient space to
build a single-family dwelling on a lot with a width that ranges from approximately
37.68' to 49.59' . 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 No objection to vacate 3 ' of the
utility easement along western
KAReports\2007\PC Reports\1143-07\VAC 07-2761 (Roetzel).doc
portion of Lot 46.
Arkansas Western Gas No Objections
AT&T Arkansas No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Public Comment: One objection to the project has been received. Please see the
attached request. The objection is not from an immediately adjacent property owner , and
the vacation will have no detrimental impact for access or services for this property
owner.
Recommendation: Staff recommends forwarding VAC 07-2761 to the City Council
with a recommendation of approval to vacate 3' of the utility easement as noted herein
with the following Condition of Approval :
1 . No portion of the front or back utility easements shall be vacated.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: Forwarded ❑ Denied ❑ Tabled
Date: November 13, 2007
Motion: Trumbo
Second: Graves
Vote: 8-0-1
Comments:
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
Date
K:\Rcports\2007\PC Reports\] 1-13-07\VAC 07-2761 (Roetzel).doc
NOTIFICATION OF EASEMENT TO BE VACATED
TO: Owners of property adjacent to Lot 46 in Charleston Place Subdivision,
Fayetteville, Arkansas.
Home Owners Association,
I, Jerod Hamilton, am requesting to vacate all or a portion of the
utility easement stated in the legal description for Lot 46, Charleston Place,
Fayetteville, Arkansas, 72703, as shown on Plat Record 16 at page 36.
Due to size limits and set backs on the lots in this subdivision, it will
be difficult to build a house with the entire utility easement intact. All
surrounding properties, excluding our lot, are developed with utilities
currently in place. Utility companies have reviewed and surveyed this
property and all have agreed to release all or a portion of this easement.
Thank you for your time and consideration.
Sincerely,
Jerod Hamilton
PETITION TO VACATE
PETITION TO VACATE AN EASEMENT LOCATED IN LOT 46 OF CHARLESTON PLACE
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 46 of Charleston Place Subdivision, City of Fayetteville, Arkansas, a
municipal corporation, petition to vacate and easement which is described as follows:
A part of lot 46, Charleston Place, Fayetteville, Washington County, Arkansas, as shown on plat
record 16 at page 36.
That the abutting real estate affected by said abandonment of the alley are Lot 47 of Charleston Place
Subdivision, Common Area of Charleston Place Subdivision, Lot 45 of Charleston Place Subdivision, PT Lot
11 of Charleston Place Subdivision and Lot 12 & PT Lot 11 of Charleston Place Subdivision, 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 that abandonment of the portion of the above described 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 benefit 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 governing 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 sought to be abandoned be vested in the abutting property owners as provided by
law, and as to that particular land
_the
-owners be free form the easements of the public for the use of said alley.
Dated this 4� day of 20 O '7 .
Mikc � e�u�
Prinled Name
Signature
Printed Name
Signat re
at&t
CONCURRENCE TO CLOSE
A PORTION OF A DEDICATED UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited
partnership, d.b.a. AT&T Arkansas, hereby concurs in the closing of the following dedicated
public easement, to-wit:
A part of Lot 46, Charleston Place, Fayetteville, Washington County, Arkansas, as shown on Plat Record 16
at Page 36, being more particularly described as follows, to-tit: Beginning at the northwest comer of said
Lot 46 and running thence S00° 50'36" W 90.05; thence along a curve to the left having a radius of 330.42'
and a chord bearing and distance of S88009'13"E 7.50'; thence N00050'36"E 90.47'; thence S88036'31 "W
7.51 ' to the point of beginning.
Signed and executed this �0* day of May, 2007.
By: 6. 1"..'
F Jean Davis
Director-Engineering/Construction
CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this the / day of May, 2007, before me, the undersigned authority, duly commissioned and
qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis,
who, after being duly swom, declared that he is the Director-Engineering/Construction for Southwestern
Bell Telephone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, and that he executed the foregoing
In a$ the act and deed of said company of his own free will and for the purposes and
therein expressed and with due authority.
Q 46+•; o"
Ay
ss whereof I hereunto set my hand and official seal.
M, BLtG , i
1S•imtFIyq erlt'prepared by AT&T A
f11QP.�l, Room 941 Lyncla E. Sommerfeldt Palmer
LlftiE'Rock, AR 72201 (501-373-5255) Notary Public in & for Faulkner Co. , AR
My commission expires August 10, 2011
at&t Lynda Ralsnw Arkansas 501.373.5255
Manager-Engn1111 Reerng (ROWJ 1111 West Capitol F: 501.373.0229
RghtoF Way a lout Use Poles Room 941 lynda.palmer®aticom
Little Rock, AR T2201
May 10, 2007
Jerod Hamilton
2391 Water Oak
Fayetteville, AR 72704
Dear Mr. Hamilton:
RE: Easement vacation - 46 Charleston Place - Fayetteville
Please find enclosed ATV' s concurrence in your request to the above
mentioned easement vacation.
This concurrence must be recorded at the Washington County Courthouse in the
office of the circuit clerk to be complete and legal. I would appreciate you
returning a copy of the document to me at the above address for my files.
If you have any questions or comments, please call me at 501 -373-5255.
Sincerely,
attachments
( Crova Sporov of Wp US Olymort Imam
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY
AND UTILITY EASEMENT VACATIONS
DATE: 05/10/07
UTILITY COMPANY: Southwestern Bell Telephone d.b.a. AT&T Arkansas
REQUESTED VACATION:
UTILITY EASEMENT
I have been notified of the petition to vacate the following right-of-way.
Described as follows:
A part of Lot 46, Charleston Place, Fayetteville, Washington County, Arkansas, as shown on Plat Record 16
at Page 36, being more particularly described as follows, to-lit: Beginning at the northwest corner of
said Lot 46 and running thence 500° 5016" W 90.05; thence along a curve to the left having a radius of
330.42' and a chord bearing and distance of 588°09'13"E 7.50'; thence N00°50'36"E 90.47'; thence
S88036'31 "W 7. 51 ' to the point of beginning.
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
Signature of this form does not constitute a release of easement The attached
Concurrence must be recorded at the Washington County courthouse in order for this
release to be complete and legal.
Signature of AT&T Company Representative:
TC
Yea E. Sommerfeldt Palmef, Mgr.-Engr. (ROW)
May. 12. ZUU1 4 : urm no. 10:00 r. i
' SOUTHWESTERN
ELECTRIC Fayetteville District Opemflons Center
POWER 101 W. Township . Fayetteville, M 72703
Fax
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Phone: (479) 973-2300 Fax: (479) 973-2328