HomeMy WebLinkAboutOrdinance 5202 Doc ID : 012632840003 TVDe : REL
Recorded : 12/23/2008 at 02 : 31 : 22 PM
Fee Amt : $25 . 00 Pace 1 of 3
Washington Countv , AR
Bette Stamos Circuit Clerk
F11e2008-00039832
ORDINANCE NO. 5202
AN ORDINANCE APPROVING VAC 08-3130 SUBMITTED
BY DONNA STEWART FOR PROPERTY LOCATED AT 1326
SOUTH CHINA BERRY LANE TO VACATE A PORTION OF
A UTILITY EASEMENT ON THE SUBJECT PROPERTY, A
TOTAL OF 81 .6 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.
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 . Any redevelopment or improvements to the property shall comply with all zoning
development regulations including building setbacks from the property lines and Master
Street Plan right-of-way, height restrictions, and so forth.
PASSED and APPROVED this 2nd day of December, 2008 . c a G* S o s o G
APPROVED: ATTEST: _ ; FAYEITEVILLE ; . _
'A,
` S
By: Aalo M14Z By:
DA COODY, Mayor SON E. SMITH, City Clerk/Treasurer "! G?®i;.eG"���
EXHIBI
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DISTANCE
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EXHIBIT `B"
VAC 08-3130
A PART OF LOT FIFTEEN ( 15), MAGNOLIA CROSSING, A SUBDIVISION TO THE CITY
OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION
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 SOUTHWEST CORNER OF SAID LOT FIFTEEN
( 15), SAID POINT BEING AN EXISTING NAIL; THENCE N 00 DEGREES 13 ' 37"E 10.00
FEET ALONG THE WEST LINE OF SAID LOT FIFTEEN (15) TO A POINT ON A NORTH
LINE OF AN EXISTING TEN (10) FOOT WIDE UTILITY EASEMENT; THENCE S 89
DEGREES 36'00"E 25.46 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO THE
TRUE POINT OF BEGINNING. SAID POINT BEING ON THE WEST ROOF OVERHANG
OF AN EXISTING HOUSE; THENCE S 89 DEGREES 36' 00"E 41 .90 FEET ALONG THE
NORTH LINE OF SAID EASEMENT TO A POINT ON THE EAST ROOF OVERHANG OF
SAID HOUSE; THENCE S 00 DEGREES 35'49"W 2.02 FEET TO THE INTERSECTION OF
THE EAST ROOF OVERHANG AND THE SOUTH ROOF OVERHANG; THENCE N 89
DEGREES 23 ' 33"W 41 .90 FEET ALONG THE SOUTH ROOF OVERHANG TO THE
INTERSECTION OF THE SOUTH ROOF OVERHANG AND THE WEST ROOF
OVERHANG; THENCE N 00 DEGREES 36'27"E 1 .87 FEET TO THE POINT OF
BEGINNING, CONTAINING 81 .6 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
12/23/2008 02:31 :22 PM
and recorded in Real Estate
File Number 2008-0003983
Bette Stamps - Circuit Cl
by
ity of Fayetteville Staff Review Form , D
I
City Council Agenda Items 5 Q
and
Contracts, Leases or Agreements V Tn- IQ c4' 313
w7orz,
1212/2008
City Council Meeting Date
Agenda Items Only
Jeremy Pate` Planning Operations
Submitted By Division Department
Action Required:
VAC 08-3130: (Sisemore, 556): Submitted by Donna Stewart for property located at 1326 South China Berry Lane.
The request is to vacate a portion of a utility easement on the subject property.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Departmeni Director Date
Original Contract Date:
Original Contract Number:
City Date
Received in t
II- I1 ^ 08 Clerk'sOffic
Finance and Intemal Service Director Date
Received in 019
Mayor's Office
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of December 2, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations �p
From: Jeremy C. Pate, Director of Current Planninga`
Date: November 13, 2008
Subject: Vacation for Sisemore (VAC 08-3130)
RECOMMENDATION
Staff and the Planning Commission recommend approval of an ordinance vacating a portion
of a utility easement on the subject property.
BACKGROUND
The subject property is located at 1326 South China Berry Lane, north of Sixth Street and
west of the Lowe' s. The 0.29 acre property is bound by utility easements at the west, east,
and south property lines and contains one single-family dwelling, which was constructed
in 2000. Based on the submitted survey, the structure encroaches approximately 2' into
the 10' utility easement located along the south property line.
The applicant is requesting to vacate a portion (approximately 81 .6 square feet) of the
easement at the south property line to bring the house into compliance.
DISCUSSION
Notification was provided to the City with no objections to the requested utility easement
vacation. This item was heard at the regular Planning Commission meeting on November 10,
2008 and forwarded by vote of 7-0-0 on the consent agenda to recommend this vacation
request to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-3130 SUBMITTED
BY DONNA STEWART FOR PROPERTY LOCATED AT 1326
SOUTH CHINA BERRY LANE TO VACATE A PORTION OF
A UTILITY EASEMENT ON THE SUBJECT PROPERTY, A
TOTAL OF 81 .6 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.
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 . Any redevelopment or improvements to the property shall comply with all zoning
development regulations including building setbacks from the property lines and Master
Street Plan right-of-way, height restrictions, and so forth.
Page 2
Ord.
PASSED and APPROVED this day of 12008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT'
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AREA OF ENCROACHMENT* . . . -
81.60 SO. FT. .
LINEBEARING DISTANCE
L1 OP13'37E Nlow
L2 589'36'00"E 25.46'
l3 589'36'DD E 4190'
L4 SOP3549W 2.02' -
l5 N89'23'3] 41.90'
L6 NOP36'270E 1.67'
EXHIBIT "B"
VAC 08-3130
A PART OF LOT FIFTEEN ( 15), MAGNOLIA CROSSING, A SUBDIVISION TO THE CITY
OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION
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 SOUTHWEST CORNER OF SAID LOT FIFTEEN
( 15), SAID POINT BEING AN EXISTING NAIL; THENCE N 00 DEGREES 13 ' 37"E 10.00
FEET ALONG THE WEST LINE OF SAID LOT FIFTEEN ( 15) TO A POINT ON A NORTH
LINE OF AN EXISTING TEN ( 10) FOOT WIDE UTILITY EASEMENT; THENCE S 89
DEGREES 36'00"E 25.46 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO THE
TRUE POINT OF BEGINNING. SAID POINT BEING ON THE WEST ROOF OVERHANG
OF AN EXISTING HOUSE; THENCE S 89 DEGREES 36'00"E 41 .90 FEET ALONG THE
NORTH LINE OF SAID EASEMENT TO A POINT ON T14E EAST ROOF OVERHANG OF
SAID HOUSE; THENCE S 00 DEGREES 35'49"W 2.02 FEET TO THE INTERSECTION OF
THE EAST ROOF OVERHANG AND THE SOUTH ROOF OVERHANG; THENCE N 89
DEGREES 23 ' 33"W 41 .90 FEET ALONG THE SOUTH ROOF OVERHANG TO THE
INTERSECTION OF THE SOUTH ROOF OVERHANG AND THE WEST ROOF
OVERHANG; THENCE N 00 DEGREES 36'27"E 1 .87 FEET TO THE POINT OF
BEGINNING, CONTAINING 81 .6 SQUARE FEET, MORE OR LESS.
e �1 T1
PC Meeting of November 10, 2008
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: Dara Sanders, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: Oeteber- Updated November 13, 2008
VAC 08-3130: (SISEMORE / CHINA BERRY LN., 556) : Submitted by DONNA
STEWART for property located at 1326 S. CHINA BERRY LANE. The property is
zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.29
acres. The request is to vacate a portion of a utility easement on the subject property.
Planner: Dara Sanders
Findings:
Property Description: The subject property is located at 1326 South China Berry Lane,
north of Sixth Street and west of the Lowe's. The 0.29 acre property is bound by utility
easements at the west, east, and south property lines and contains one single-family
dwelling, which was constructed in 2000. Based on the submitted survey, the structure
encroaches approximately 2' into the 10' utility easement located along the south
property line.
Request: The applicant is requesting to vacate a portion (approximately 81 .6' ) of the
easement at the south property line to bring the house into compliance.
CITY OF FAYETTEVILLE : RESPONSE
Water/Sewer No Objection
Transportation No Objection
Solid Waste No Objection
UTILITIES RESPONSE
Ozarks Electric No Objection
Cox Communications No Objection
Southwestern Electric Power Company No Objection
KA Repons\2008\PC Repods\21 - November 10\VAC 08-3130 (Siscmore).doc
Arkansas Westem Gas No Objection
AT&T Arkansas No Objection
Public Comment: Staff has not received public comment.
Recommendation: Staff recommends forwarding VAC 08-3130 to the City Council
with a recommendation of approval with the following conditions of approval :
1 . Any redevelopment or improvements to the property shall comply with all zoning
development regulations including building setbacks from the property lines and
Master Street Plan right-of-way, height restrictions, and so forth.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action : x Forwarded ❑ Denied ❑ Tabled
Date: November 109 2008
Motion: Winston
Second: Lack
Vote: 7-0-0
KARcpor1s\2008\PC Reports@I- November 10\VAC 08-3130 (Sisemom).dm
September 29, 2008
City of Fayetteville
Planning Commission
RE: Description of Request
Please accept this letter as a written description of the request we are making regarding
the attached application.
The property located at 1326 S . China Berry Lane, Fayetteville, Arkansas, had a survey
performed and it was discovered that the dwelling encroached onto/over a utility
easement along the South side of the property. The dwelling was built approximately
2000; however, a survey had not been requested prior to March, 2007. Since the
encroachment has been discovered, we are making application to vacate that portion
which the dwelling is built over/onto the existing easement.
I have had the surveyor locate the encroaching area, notified all surrounding owners,
utility companies and city officials required with no objections for any of the above.
With said application being submitted, we are requesting that the vacation of the
encroached area be granted as it has been this way for approximately 8 years and current
owner inherited the issue. The city inspectors' office did not notate an encroachment at
the time the dwelling was under construction and inspected, as all inspections were
passed and approved prior to the Certificate of Occupancy being granted.
Thank your for your time and consideration of this application and request.
Si��ncnne''rely,
/�`"'
Donna J. Stewart
Representative for Jonathan and Amber Sisemore
