The URL can be used to link to this page

Home My WebLink AboutOrdinance 5284 !f Doc ID : 013210560003 Type : REL Kind : ORDINANCE Recorded : 12/ 15/2009 at 08 : 34 : 01 AM Fee Amt : $25 . 00 Pace 1 of 3 Mashinoton Countv . AR Bette Stamps Circuit Clerk File2009-00039383 ORDINANCE NO. 5284 AN ORDINANCE APPROVING VAC 09-3444 SUBMITTED BY SAWYER' S OUTDOOR SOLUTIONS FOR PROPERTY LOCATED AT 2021 BALL AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT CONTAINING APPROXIMATELY 124 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 described 124 square-foot 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 portion of utility easement as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 : This vacation approval is subject to the owner' s agreement that any necessary relocation of existing utilities caused by this vacation will be at the expense of the owner. PASSED and APPROVED this 17th day of November, 2009. APPROVED: ATTEST: By: O y: L tc AtIONtLI) JORD ayor SONDRA E. SMITH, City Clerk/Treasurer 06\T Y p"c-e SGS (j: • -;o 'c • FAYETTEVILLE ; • A . � : �'�.9i1y�A -At �P� A, 4F a I .EXHIBIT "AG' I I i az i • 5W34r53-e 94.3r! N I LO' E ,,. ... 'r . - - - - - - - 25. W E ,:;; .: But. o• w 5 . �. SETBACK I 4 ' I 43 .44 -P.fISTNt ,. •iKw p.� 1 • FOUND IRON WN sK0/osED 40wT1 I l�. ,k,__,_a o SET IRON FIN I CENTERLINE 207 UTILITY EASEMENT --r W000 �akat\ 26' BOOM SETBACK EXISTING WOOD FENCE es —o—o—o—o— d NBT'2806•W YgJpB• M~ PIT KAMLAIiT sMEWauc I I I62 63 2 LEGAL aEswrmav: - LOT43 IM ROYLL OAAG EY fA1P5 A ALRAT OF KAwa RACE TRACTG I Tmr 6 M FATBT[ A okII A% Al nLT N•.r b sIIB AmAT AECCMBD M m QB CF Twe Cercwr CtM AND EA-DmaB RealsnA a• WAGrdtTtW CM .. AMAAOAG. I. Tw n m mmn aur nvt Aeerc saner aws AESMPTMN OF MWPCE REQUEST: va•m Lwwllm a/OIrMo+ AAa Au tnArn Mnn w " www w " "r AIao m m wlr t EAS A7 .7J Ba CBM�eII a Gan Ln/ 65 ALIW IW 1=50M A.6! /¢� O MYMwWF All TMDME EAST 4.7A RBT TD rM I.C.B.. '56T ALOa TIQt"}YInAQ AUIE /y POMP OM Ii.77 itM TBE110 550'SO'OBE 5.00 P.O. :I,pKE momp t • / [.� f 24.7J 7eER fIEBM NG970'b6•W 5.007eEr m TKe I.O.B.: CaRAYGa [74 Hao L. Ja1G°Gat AALS WI !lin LBBA6f ICT NMC OR ILV. JORGENSEN & ASSOCIATES Q �R�p'; CIVIL ENGINEERS • SURVEYORS "pl N � �- IH M61LVM3rAJn 'LLOrLL • MTIIRVn1E ARWa•.G aw • (aqu)Alif • GA%IAaIlIlYO SCALE: r4W DATE REVISED CHECKED BY: DRAWN BY: 0JR I DATE g MMS d-i .LLOTSIpaN07/tSL I� LOT SURVEY FOR j SAWYERS OUTDOOR SOLUTIONS I 'd EXHIBIT "B" VAC 09-3444 THE AREA UTE WILSON & SAWYER' S OUTDOOR SOLUTIONS ARE REQUESTING AN EASEMENT VACATION FOR THE PURPOSE OF ADDING A SUNROOM TO THE EXISTING HOME. COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31152"E 33 .61 FEET, THENCE EAST 73 .73 FEET TO THE P.O.B., THENCE ALONG THE SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58" E 5 .00 FEET, THENCE S 00 DEGREES 29'02" W 24.73 FEET, THENCE N 89 DEGREES 30' 58" W 5 .00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET MORE OR LESS. Washington County , AR I certify this instrument was filed on 12/15/2009 08 : 34: 01 AM and recorded in Real Estate File Number 2009-0003 3 3 Bette Stamps - Circ it e by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/17/2009 City Council Meeting Date Agenda Items Only Data Sanders Planning Development Services Submitted By Division Department Action Required: VAC 09-3444: (Ute Wilson, 371 ): Submitted by Sawyer's Outdoor Solutions for property located at 2021 Ball Avenue. The property is zoned RSF-4, Single Family, 4 units per acre and contains approximately 0.33 acres. The request is to vacate a portion of a utility easement on the subject property. S - Cost of this request Category / Project Budget Program Category / Project Name r Account Number Funds Used to Date - Program / Project Category Name I Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached . IYAA.IA,wv( . .l Previous Ordinance or Resolution # De/p^a�rlment Dirr Date / 1 / Original Contract Date: Original Contract Number: 'I dal L City Attorney Date `P c)L Finance and Internal Services Director Date Received in City 10 LAO Clerk's Office Ch f of St Date Received in Mayor's Office ay ' Date+ Comments: , I i Revised January,15, 2009 City Council Meeting of November 17, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Jeremy C. Pate, Director of Development Services From: Dara Sanders, Current Planner Date: October 28, 2009 Subject: Utility Easement (VAC 09-3444) 2021 North Ball Avenue RECOMMENDATION Staff and the Planning Commission recommend approval of vacating a portion of an existing utility easement on the subject property. BACKGROUND The subject property is located at 2021 North Ball Avenue, at the northwest comer of Kantz Lane and Ball Avenue. There is a duplex located on the property, constructed in 1993 . The applicant's request is to vacate a portion ( 124 square feet) of a utility easement to allow for the addition of a sunroom to the existing structure. DISCUSSION This item was heard at the regular Planning Commission meeting on October 26, 2009. The Planning Commission voted 8-0-0 on the consent agenda to forward this vacation request to the City Council with a recommendation of approval. BUDGETIMPACT None. i I it i ORDINANCE NO. AN ORDINANCE APPROVING VAC 09-3444 SUBMITTED BY SAWYER ' S OUTDOOR SOLUTIONS FOR PROPERTY LOCATED AT 2021 BALL AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT CONTAINING APPROXIMATELY 124 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 described 124 square-foot portion of the platted utility easement is not required for corporate proposes; 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 portion of utility easement as described in Exhibit B (attached). Section 2 : That a copy of this Ordinance duly cerlified by the City Clerk along with the map attached 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 : This vacation approval is subject to the owner's agreement that any necessary relocation of existing utilities caused by this vacation will be at the expense of the owner. PASSED and APPROVED this day of 2009. i APPROVED: ATTEST: I By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerkll'reasurer I 'i i EXHIBIT "A" 42 se9'7o'Ss'E Da.ar N I - - - - - - - v. W E .a .. OIDc. 6• N . SEmALn I S i 6 4 m i 43 n 44 iv xrsnNC Rous :�;xobf�ia J � •y.� qct I a..e� eNo PN076KD ADMT7 I 1 • FOUND IRON NN o SET IRON PIN j CENTERLINE STREET d 20' UTILITY EASFHENT I . wbDD tEn&---b .�dk o^ 25' BUILOINS SETBACK •(o BQ• EfISTIAIS WOOD tFNCE DI VD.La•� I j 3 X15. NBYhB'OB'W 7A.OB' f smewxu I KAM L,4 2 _ tet. _ I 522 53 I LEGAL DFSCR/K70N: LOT 4.1 IN ROM DAR EAfAMJ A N rOr AANrl13.AE TRAM I Rm16a rArwtTwvw . Aq,ANSAT. MM r Ir Or rMA N8[I7LCO20 M INE � OF .. ale CNSwr OGlx mo Ex-OrnaO PcoomcN a WAswtwTw Cb .. "a s. I ' DTI a TO aeTnrT our TNC Aeon flaw. A'AS . DE=MPTIM N YMAM-CE REOIIEST: Apr¢q® uhO A NrATNwA AIYI Au rANea NOIC 4I " DaFW TNI Mr AY N M RSI Cwe1BMN0 AT M SIT Co.ANEA of SAIN Lot AJ a10M'P NG24M'529 ".Of rRY w At MYnIaK A! �T• TNAYK EAST 7J.7J rrJl To ME P.C.B.. aawJ ALONG TIEAY M tort n •� N09'Z9'OZF IL.73 reef, MINOR 369.50,56E 5.00 rrEt TNDse SDC79'0t'N N ' � 7 H h 2L.11 REN, TnSNtx N0970'SS W 5.00 feEl To mE I.O.O.: Cor RmIs 124 ~ ��^_. 7 • / l fay r01aR5 rerNaie a! IEit. DANA L JOIATCHt ANLT WS Dan j JORGENSEN & ASSOCIATES "pISTER' VIA OF CIVIL ENGINEERS • SURVEYORS � . b / I xo. Sife ORA 1weS15W MATLf . rnT@RW1E µWeb mA) . eml«T.r�tt . rN(ISmIUAIA O '6 SCALE 1'il0' DATE REVISED CNECAED BY.' OR.61YN BY: BJR _� y DATE I)J(A-Y05 OLJ LLOi5170050)JISA I i LOT SURVEY FOR SAWYERS OUTDOOR SOLUTIONS i EXHIBIT "B" VAC 09-3444 THE AREA UTE WILSON & SAWYER ' S OUTDOOR SOLUTIONS ARE REQUESTING AN EASEMENT VACATION FOR THE PURPOSE OF ADDING A SUNROOM TO THE EXISTING HOME. COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 3V527:E 33 .61 FEET, THENCE EAST 73 .73 FEET TO -1-1-1E P .O.B., THENCE ALONG THE SETBACK LINE N 00 DEGREES 29'02' E 24.73 FEET, THENCE S 89 DEGREES 30` 58" F 5 .00 FEDI', 'THENCE S 00 DEGREES 29'02" W 24.73 FEET, THENCE N 89 DEGREES 30' 58" W 5.00 FEET TO THE P.O.B. ; CONTAINING 124 SQUARE FEET MORE OR LESS. I i I I I� a i 01T PC Meeting of October 26, 2009 Taye ARKANSAS THE CITY OF FAYF, TTFIVIL. I . I . ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO : Fayetteville Planning Commission FROM: Dara Sanders, Current Planner TI-IRU: Jeremy Pate, Development Services Director DATE: October 19, 2009 i VAC 09-3444: (UTE WILSON / 2021 N. BALL AVE, 371 ): Submitted by BUZZ SAWYER SAWYER'S OUTDOOR SOLUTIONS for property located at 2021 BALL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS PER ACRE and contains approximately 0.33 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 2021 North Ball Avenue, at the northwest corner of Kantz Lane and Ball Avenue. There is a duplex located on the property, constructed in 1993 . The duplex was approved as part of the Royal Oaks Estates Planned Unit Development (PUD). SURROUNDING LAND USE AND ZONING: Direction from Site Land Use tonin North Multi-family residence RSF-4, Residential Single-family South Single family residence RSF-4, Residential Single-family East Multi-family residence RSF-4, Residential Single-family West Two-family residence RSF-4, Residential Single- Request: in le-Request The applicant's request is to vacate a portion (124 square feet) of a utility easement to allow for the addition of a sunroom to the existing structure. f The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. I UTILITIES IZESPONSE Ozarks Electric No Objections Cox Communications No Objections I Southwestern Electric Power Company No Objections i KMeports\2009TC Reports\23-October 26\VAC 09-3444 (Ute Wilson).doc f Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections -transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation : Finding that adequate easement for service will exist to serve j existing utilities and provide for new utilities, staff recommends forwarding VAC 09- 3444 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1 . Any relocation of existing utilities shall be at the owner/developer's expense. CI'T'Y COUNCIL ACTION : Required I PLANNING COMMISSION ACTION : Required Planning Commission Action : x Forwarded U Denied U Tabled Date: October 26, 2009 u Motion : Graves Second: Lack Vote: 5-0-0 I i KAReponsQ009TC RepomA23-October 261VAC 09-3444 (Ure Wilwn).doc :007 11: 51 FAX 4795914007 XNSEN k ASSOC V{2 359830wSBM 9A.7T N a— —a—D— ... .r yz W E I 43 4 iiiii �•ii '¢ 44 xrs71N0N0� Y= S woralm 4OO1 IN N PVN �I 5 PVN ' I NC S itF T EASc7lBNTNO SETBACKWOOD FENCEo—o— S1oO —9—ate--n p S tAS ! . MWALK 1 _ Ea• KANR UNE 1 2 52 $3 6EaJN. DESCRlFIIOR Lm 47 M R)M" a ESTATES A 111MAraFIWa PLAWT " Ir 6W FA/ETr w"A AARARm A0 Pm NAr O SAN AW A7 RECOoo® W PC wFu of r CuMWr CLERK IND EF-0mo0 ROmKmEA OF WASPRVf W LVurtr. AacANOAE. 1N0 n m fa10Fr nur rRE ArOY! a11�lY YAS DErof n OF VARONCE REaOEST IfFwaB® mcw RI flr'ElraiaR Aw Y6lC i!r Y WEN1 W M Mr AW m R! IQSr � C"M !W G Ar n SW COMER V IMW LOr AS rAV" N0Z•.7I.51E JJ.a' Rr' s wr RaOrEW[ AAl LOn1ECf. rKlKfP EAbr 73.77 FW m WE P.O.B.. r a At MM TNF Srr = "Iff N0929'YYE P4.7J FEET. TmE 50030'WPE 5.00 FEET. PIMP" SWVWOPW Z6.73 FEET, 7Ndrl M89030150 PAP SAO FIMT W r P.O.B.: C01lrAW0N I!A DARO L. dMCp6B+. ARLS uW DAM FOWIIE lQr1101L 01 IES. KJ ; ?ENSEN & ASSOCIATES STE [ ENGINEERS • SURVEYORSAorNO3f 10i! fYASKAlaAS n101 • 1NDATEREWSEO CHECKED BY..- DRAWN BY: BJR DLJ :ILOTSI)OWOI61SA J Pit-'-°"� LOT SURVEY FOR SAWYERS OUTDOOR SOLUTIONS i