HomeMy WebLinkAboutOrdinance 5111 Doc ID : 012148580004 Tvoe : REL
Recorded : 03/27/2008 at 01 : 09 : 20 PM
Fee Amt : $30 . 00 Paoe 1 of 4
Mashinoton Countv . AR
Bette Stamps Circuit Clerk
, File 200M0009964
I
ORDINANCE NO, 5111
AN ORDINANCE APPROVING VAC 07-2888 SUBMITTED
BY NORTHSTAR ENGINEERING CONSULTANTS, INC. FOR
PROPERTY LOCATED AT LOT 103, CLABBER CREEK
PHASE III, TO VACATE A PORTION OF A UTILITY
EASEMENT ON THE SOUTH SIDE OF THE SUBJECT
PROPERTY, A TOTAL OF 54.0 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
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 19'' day of February, 2008. ��•�c�� • ° " '� SCG''.
-v� � G�Z Y O,c •, �P�
APPROVED: ATTEST: ; FAYETTEVILLE
By: LBy: 1 "o1no C� �M� "GTONeGN``
DAN GOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
lSa 9 3 „E l
I .44'
LOT 10
lRES 0.27 �iP\ 30 0
N 47 7 7 569 SQ. FT. t
— M 7 5-25186-000 W �8.
�' ^n LOT 103A \?�
w ACRES0.26 SCALE 1 " = 30 '
:� J 11514 SQ. FT:
µ 765-25186-000
BASIS OF BEARING
<t I HOMESTEAD HOMES, LLC
NN ' 6pi RANDALL WOBBE LANE, 0%9
C RINGDAL& AR 72764 r FINAL PLAT CLABBER CREEK, PHASE 3,
z 2 ' ZONED -RSF 4 \ 0023-00000210
EASEMENT TO
1 pp 0' y' YY BE VACATED
N �/ .•� .n
4s 6 l�F\ ry
569.0
Ap
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Z 6F
! FM
DINT .OF .COMMENCEMENT
LEGAL DESCRIPTION: (CEMENT TO BE VACA nl
t` ?PART.; OF ;LOT;a,703sOF CLA86ERNCRE£K-e(RHi4S�fz BEING A PART OF THE NORTHEAST QUARTER OF THE
'SOUTHEAST QUARTER OF SECTION ` Sf; -%�iNN110- 17 NORTH, RANGE 30 WEST. IN WASHINGTON COUNTY
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
' BEGINNING AT A FOUND . [RON PIN FOR THE SOUTHWEST CORNER OF LOT 102 OF CLABBER CREEK,
PHASE 3, THENCE N08'24114"E 135.40 FEET, THENCE S69'060171 45.90 FEET TO THE POINT OF
BEGINNING, THENCE S69'06'17"E 24.02 FEET, THENCE S31052101 "W 4.57 FEET, THENCE N58'07059"W
23.58 FEET TO THE POINT OF BEGINNING, CONTAINING 54.0 SQUARE FEET,. MORE. OR LESS.
rNatcr Noa 571 -01
AN40RVISTAR EXHIBIT FOR PARTIAL * o h: 12 os 07 REMoN, o
ENG/NE£RWC EASEMENT VACATION
EXHIBIT "B"
VAC 07-2888
PART OF LOT 103 OF CLABBER CREEK, PHASE 3, BEING A PART OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 , TOWNSHIP
17 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A FOUND IRON PIN FOR THE SOUTHWEST CORNER OF LOT 102 OF
CLABBER CREEK, PHASE 3 , THENCE N0802411411E 135 .40 FEET, THENCE S6900611711E
45.90 FEET TO THE POINT OF BEGINNING, THENCE S69006' I7"E 24.02 FEET, THENCE
S31052'01 "W 4.57 FEET, THENCE N58007'59"W 23 .58 FEET TO THE POINT OF
BEGINNING, CONTAINING 54.0 SQUARE FEET, MORE OR LESS.
EXHIBIT `B"
VAC 07-2888
PART OF LOT 103 OF CLABBER CREEK, PHASE 3, BEING A PART OF THE NORTHEAST QUARTER
OF THE . SOUTHEAST QUARTER OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND IRON PIN FOR THE SOUTHWEST CORNER OF LOT 102 OF CLABBER
CREEK, PHASE 3, THENCE N08024'14"E 135.40 FEET, THENCE S69006'17"E 45.90 FEET TO THE
POINT OF BEGINNING, THENCE S69006'17"E 24.02 FEET, THENCE S31 °52101 "W 4.57 FEET,
THENCE N58007'59"W 23.58 FEET TO THE POINT OF BEGINNING, CONTAINING 54.0 SQUARE
FEET, MORE OR LESS.
e .. ; Washington County, AR
? I Certify this.instrument was filed on
i 03/27/2008 01 :0. 9:20 PM
and recorded in Real Estate
File Number 2008-000 9 8
Bette Stamps - Cir Cil!l!e
I
by k
�o� S
City of Fayetteville
Staff Review Form 07 � 8 �8
City Council Agenda Items
or Nab ber C",2k
Contracts
19-Feb-08 l�
City Council Meeting Date
Jeremy Pate �` Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2888: (Clabber Creek III Lot 103, 283): Submitted by Northstar Engineering Consultants, Inc. for property located at
Lot 103, Clabber Creek Ph. III . The request is to vacate a portion of a utility casement on the south side of the subject property.
$0.00 n/a n/a
Cost of this request Cate o /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 . L. . . n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
4 j 1 l Previous Ordinance or Resolution # n/a
Departmen -Director l Date Original Contract Date:. n/a
Original Contract Number: n/a
City Attorney
Received in City 1r &
G, 2 . t - 08
Finance and Internal Service Director Date
7 / Received in Mayor's OfficeAl , .4
`7 I1I0
Mayor Date
Comments:
City Council Meeting of February 19, 2008
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: January 31 , 2008
Subject: Utility Easement Vacation for Clabber Creek III Lot 103 (VAC 07-2888)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a utility
easement on the subject property containing approximately 54 square feet.
BACKGROUND
The project site is located at 3922 Brightwater Place at Lot 103 in the Clabber Creek . : 21
Phase III Subdivision north of Mount Comfort Road and west of Rupple Road. . There: is.
an existing utility line located withinthe subject utility easement, though sufficient
easement will be retained for access and maintenance, with approximately 10'of:
separation between the line and the structure, based on the submitted survey. . The single-
family structure was approved for construction in September 2006 with an approximately
15 ' setback from the south property line; however, a survey shows that the .house
encroaches approximately 5 ' into the platted utility easement. . , .
The applicant requests to vacate approximately 54 square feet of the utility easement that
is located on the south side of the subject property, under the existing single-family
residence. The applicant has submitted the required notification forms to the utility
companies and to the City with the result summarized below.
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 January 28, 2008 and forwarded by vote of 8-0-0 on
the consent agenda to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2888 SUBMITTED
BY NORTHSTAR ENGINEERING CONSULTANTS, INC. FOR
PROPERTY LOCATED AT LOT 103, CLABBER CREEK
PHASE III, TO VACATE A PORTION OF A UTILITY
EASEMENT ON THE SOUTH SIDE OF THE SUBJECT
PROPERTY, A TOTAL OF 54 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
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 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.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
r 'Ss23' "E ,
9.44 \
r-LO' i
�RES 0.22
7 �i�\ 30' 0 30' .
1 1
N W '• L.5fiQ SQ. T. sQ.
M ' 705-25186-OQO r. �.
w LI LOT 103A \ � SCALE 1 „ = 3� �
ACRES 0.26 t v', <"\
11514 SQ. FT. t (�
a 7ss-25166-000 \� �� BASIS OF BEARING
.� ^ I HOMESTEAD HOMES, LLC
N V•. 61
A50 RANDALL WOBBE LANE,
M NPRINGDALAR 72764 r FINAL PLAT CLABBER CREEK, PHASE 3,
O 111 \ 0023-00000210
Z 2 ' ZONED F-4 \\Y
i
-1 �` EASEMENT TO .
�
Z. y' •, � BE VACATED : -
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<I
DINT .OF .COMMENCEMENT
LEGAL DESCRIPTION: (EASEMENT TO BE VACATED)
S'„PART OF. COXREEK PHASE03j BEING A PART OF THE NORTHEAST QUARTER OF THE
' SOUTHEAST QUARTER OF SECTION "31 , `TOWNSHIP' 17 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND IRON PIN FOR THE SOUTHWEST CORNER OF LOT 102 OF CLABBER CREEK, '
. . PHASE 3• THENCE NO8'24' 14"E 135.40 FEET, THENCE 569'06' 17"E 45.90 FEET TO THE POINT OF
BEGINNING, THENCE S6WO6' 17"E 24.02 FEET, THENCE S31452'O1 "W 4.57 FEET, THENCE N58'07'5rw
23.58 FEET TO THE POINT OF BEGINNING, CONTAINING 54.0 SQUARE FEET,. MORE. OR LESS.
. - maccr xo_ 571 -07
ANVRTHSraR EXHIBIT FOR PARTIAL =fuM 01* 2 06 07 °�°x' 0
ENC/N£ER/NG - '�^L
,,,,,,�„ _, ,,,_ ,•,,, EASEMENT VACATION
aePCy
Meeting of January 28, 2008
An KANSAS
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: Updated January 31, 2008
VAC 07-2888: (CLABBER CREEK III LOT 103, 283): Submitted by NORTHSTAR
ENGINEERING CONSULTANTS, INC for property located at LOT 103, CLABBER
CREEK III. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE . and
contains approximately 0.30 acres. The request is to vacate a portion of an easement.
Planner: Jesse Fulcher
BackgroundlPr'operty: The project site is located at 3922 Brightwater Place at.LotI03• in,,
the Clabber Creek, .Phase III Subdivision north of Mount Comfort Road- and 'West
Rupple Road. There is an existing utility line located within the subject utility'easement,'? ._
though sufficient 'easement will be retained for access and maintenance, : ;with.,
approximately -1 0'of Separation between the line and the structure, based on,the .submitted
survey. The: single-family structure was approved for construction in September .2006
with an approximately 15' setback from the south property line; however, a survey shows
that the house encroaches approximately 5 ' into the platted utility easement. t t w-.
Request: The applicant requests to vacate approximately 54 square feet of the utility
easement that is located on the south side of the subject property, under the existing
single-family residence. 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/ Southwester Bell Telephone No Objections
K:\Repons\2008\PC Reports\02-January 28\VAC 07-2888 (Clabber Creek 111 Lot 103).doc.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections.
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. All necessary utility representatives have stated no objection to the requested
vacation.
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation: Staff recommends forwarding to the City Council with a '
recommendation for approval of VAC 07-2888 with no conditions.
;PLANNING COMMISSION ACTION: yes Required
, .PLAN
to be: Forwarded for approval t7 Denied . Q Tabled. :
Motion:.: :Graves
Second:. Myers.
Vote, = 8-0-0
Date: January 28, 2008
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.
707
Title
Date
KAReports\2008\PC Reports\02-January28\VAC 07-2888 (Clabber Creek III Lot 103).doc
- NORTHSTAR Civil Engineering
ENGINEERING Environmental Engineering
Land Surveying
CONSULTANTS, INC. Planning
December 7, 2007
Mr. Jeremy Pate
City Planner
City of Fayetteville
126 West Mountain Street
Fayetteville, Arkansas 72701
Re: Easement Vacation Request — Lot 103
Clabber Creek Subdivision, Phase 3, Fayetteville, Arkansas
NEC Project No. 571 -001
Dear Mr. Pate:
On behalf of Homestead Homes, LLC, I respectfully request your consideration of the easement vacation
described below regarding Lot 103, Clabber Creek Subdivision, Phase 3, Fayetteville, Arkansas. A house
has been constructed which encroaches onto an existing platted utility easement. We are requesting a
portion of the easement to be vacated to allow the constructed home to encroach into the easement (See
attached exhibit). We would appreciate your consideration of the above request.
Please call me at 479-271 -0906 if you have any questions or need additional information.
Best Regards,
s,
iason"E Ingalls, PE
Project Manager
Cc: Homestead Homes, LLC, Owner
File
W r Ea menl Vawtiest 103 - Clabber Cre Sub Ph, 3 f 1 2-7-070M
207 South Main Street Phone (479) 271 -0906
Bentonville, Arkansas 72712 Fax (479) 271 -8144
Email nseng@swbell.net
PETITION TO VACATE A PORTION OF AN EASEMENT LOCATED IN LOT 103, CLABBER CREEK
SUBDIVISION, PHASE 3, 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 103, Clabber Creek Subdivision, Phase 3, City of Fayetteville,
Arkansas, a municipal corporation, petition to vacate a portion of an easement which is described as
follows:
Part of Lot 103 of Clabber Creek, Phase 3, being a part of the Northeast Quarter of the Southeast Quarter
of Section 31 , Township 17 North, Range 30 West in Washington County, Arkansas, being more
particularly described as follows:
Beginning at a found iron pin for the Southwest corner of Lot 102 of Clabber Creek, Phase 3, thence
N08024'14"E 135.40 feet, thence S69006'17"E 45.90 feet to the point of beginning, thence S69006'170E
24.02 feet, thence S31052'01 "W 4.57 feet, thence N58007'59"W 23.58 feet to the point of beginning,
containing 54.0 square feet, more or less.
That the abutting real estate affected by said abandonment of the easement are Lots 10, 102, and 104 of
Clabber Creek Subdivision, Phase 3, Lots 128, 129, 1303 & 131 , Clabber Creek Subdivision, Phase 4, 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 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 the 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 owner's as provided by law, and as to that particular land the owners be free from the easements
of the public for the use of said easement.
Dated this _day of //O/��n�ivr 2007.
—"Z(j V. /Yl /ivv 4- 0! `- r
Printed Name
Signature