HomeMy WebLinkAboutOrdinance 5259 ORDINANCE NO. 5259
AN ORDINANCE APPROVING VAC 09-3321 SUBMITTED BY TOM
HUBBARD FOR PROPERTY LOCATED AT 4830 TRAILS END LANE TO
VACATE A PORTION OF A UTILITY EASEMENT CONTAINING A TOTAL
OF 131.76 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 131.76
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 continuing agreement that
any necessary relocation of existing utilities caused by this vacation will be at the expense of the
owner.
PASSED and APPROVED this 21 day of July, 2009. 'IN CJ°° ��1
° �"'t Y 0/.;Lp
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;FAYETTEVILLE;
APPROVED: ATTEST:
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a f4lgpp pll\\U T0 0
By By: DYtp Af ccs
L LD JO AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
W, 01-WA
S so°aono-E-\
2.00 FT
t N 00°11'10"W
65.88 Fr
LOT 30
STONBWOOD s 00°trio"E
SUBDIVISION 85.80 FT
N 90°00'00"W
2.00 Fr
25'Building Setback� P.O.S. N 90°00'00"W
PO.S.
&Utility Easement VA 8.00 FT
N 00'11'10"W
25.00 FT
P.O.C.
UTILITY EASEMENT TO BE VACATED
Commencing at the Southeast corner of Lot 30 of the Stonewood
Subdivision;thence North 00911'10"West 25.00 feet;thence North
90000'00"West 8.00 feet to the Point Of Beginning;thence continuing
North 90°00'00"West 2.00 feet to a Point;thence North 00°11'10"West
65.88 feet to a Point;thence South 90000'00" East 2.00 feet to a Point;
thence South 00011'10"East 65.88 feet to the Point of Beginning; Now
known as the west 2 feet of the existing 10 foot utility easement as
platted; containing 13116 square feet more or less.
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30 0 30
Page 2
Ordinance 5259
EXHIBIT "B"
VAC 09-3321
EASEMENT VACATION DESCRIPTION:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 30 OF THE STONEWOOD
SUBDIVISION; THENCE NORTH 00°11'10" WEST 25.00 FEET; THENCE NORTH
90000'00" WEST 8.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 90000'00" WEST 2.00 FEET TO A POINT; THENCE NORTH 00°1 I'10" WEST
65.88 FEET TO A POINT; THENCE SOUTH 00'I I'10" EAST 65.88 FEET TO THE POINT
OF BEGINNING; NOW KNOWN AS THE WEST 2 FEET OF THE EXISTING 10 FOOT
UTILITY EASEMENT AS PLATTED; CONTAINING 131.76 SQUARE FEET MORE OR
LESS.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/21/2009
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
VAC 09-3321: (HUBBARD/TRAILS END LANE, 060): Submitted by TOM HUBBARD for property located at 4830
TRAILS END, STONEWOOD S/D. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and contains
approximately 0.24 acres. 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
' p(g•J,;. Previous Ordinance or Resolution#
Depart nt Direc6l Date
Original Contract Date:
Original Contract Number:
City Attorney [� Date
`C 0. p, j,
Finance and Internal Services Director Date Received in City N RED
Clerk's Office ; l -
Q(
Chi f o if Date FAE
Received in
Mayor's Office
ayor
Comments:
Revised January 15, 2009
City Council Meeting of July 21, 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: June 24, 2009
Subject: Vacation for Hubbard (VAC 09-3321)
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 in the Stonewood Subdivision, east of Crossover Road
and north of Zion Road. The property contains a single-family structure that was
constructed in 2002. The 0.24-acre lot contains dedicated utility easements on the east,
south, and west property lines, significantly reducing the amount of buildable area by
approximately 2,020 square feet, not including the setbacks required by the underlying
RSF-4 zoning district.
The applicant requests to vacate a portion of a utility easement to allow for the addition
of a deck on the subject property.
DISCUSSION
This item was heard at the regular Planning Commission meeting oil June 22, 2009. The
Planning Commission voted 7-0-1 on the consent agenda to forward this rezoning request to
the City Council with a recommendation of approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 09-3321 SUBMITTED
BY TOM HUBBARD FOR PROPERTY LOCATED AT 4830
TRAILS END LANE TO VACATE A PORTION OF A UTILITY
EASEMENT CONTAINING A TOTAL OF 131.76 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 131.76
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 continuing 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.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
T "k'
VaG 0q-b}21
S 90°00'00"E
2.00 FT
N 00°65.88 W
65.88 FT
LOT 34
STONEWOOD s 00°tr m"E
SUBDIVISION 85.88 FT
N 90°00'00"W
2.00 FT
25'Building Setback J P p N N 90°00'00"W
8 Utility Easement 8.00 FT
VACATION
' N 00°17'10"W
25.00 F!
P.O.C.
UTILITY EASEMENT TO BE VACATED
Commencing at the Southeast corner of Lot 30 of the Stonewood
Subdivision;thence North 00°11'10"West 25.00 feet; thence North
90°00'00"West 8.00 feet to the Point Of Beginning; thence continuing
North 90000'00"West 2.00 feet to a Point; thence North 00611'10"West
65.88 feet to a Point; thence South 90°00'00" East 2.00 feet to a Point;
thence South 00'11'10" East 65.88 feet to the Point of Beginning; Now
known as the west 2 feet of the existing 10 foot utility easement as
platted; containing 131.76 square feet more or less.
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30 0 30
EXHIBIT "B"
VAC 09-3321
EASEMENT VACATION DESCRIPTION:
COMMENCING AT TFIE SOUTHEAST CORNER OF LOT 30 OF THE STONEWOOD
SUBDIVISION; THENCE NORTH 00011'10"WEST 25.00 FEET; THENCE NORTH 90000'00"
WEST 8.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 90°00'00" WEST
2.00 FEET TO A POINT; THENCE NORTH 00011'10" WEST 65.88 FEET TO A POINT; THENCE
SOUTH 00011'10" EAST 65.88 FEET TO THE POINT OF BEGINNING; NOW KNOWN AS THE WEST 2
FEET OF THE EXISTING 10 FOOT UTILITY EASEMENT AS PLATTED; CONTAINING 131.76 SQUARE
FEET MORE OR LESS.
to le
Tayel
PC Meeting of June 22, 2009
An«ANsAS
1'1IE CITY OF FAY1:TTF.VIM,E, 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, Development Services Director
DATE: June 16, 2009
VAC 09-3321: (HUBBARD / TRAILS END LANE, 060): Submitted by TOM
HUBBARD for property located at 4830 TRAILS END, STONEWOOD S/D. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 0.24 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 in the Stonewood Subdivision,
east of Crossover Road and north of Zion Road. The property contains a single-family
structure that was constructed in 2002. The 0.24-acre lot contains dedicated utility
easements on the east, south, and west property lines, significantly reducing the amount
of buildable area by approximately 2,020 square feet, not including the setbacks required
by the underlying RSF-4 zoning district.
Request: The applicant's request is to vacate a portion of a utility easement to allow for
the addition of a deck on the subject property.
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
Arkansas Western Gas No Objections
ATT No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
K:\Reports\2009\PC Reports\l5-June 22\VAC 09-3321 (Hubbard).doc
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 09-3321 to the City Council
with a recommendation of approval with the following conditions:
Conditions of Approval:
1. Any damage or relocation of existing utilities shall be at the owner/developer's
expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled
Date: June 22, 2009
Motion:
Second:
Vote:
KARcports\2009\PC Reports\15-June 22\VAC 09-3321 (Hubbard).doc
NIGH MEADOWS DR_
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GREYSTONE DR
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Jan Gambill - Re: a letter, too 1
From: Tom Hubbard
To: Gambill, Jan
Date: 5/19/2009 3:56 pm
Subject: Re: a letter, too
Jan,
The 24 inch easement vacation is requested so I can construct a patio.The 24 inch area lets me install corner posts for the
patio pergola and cover.The area will be used for entertainment of friends and family, such as barbeque and relaxation.
.Tom Hubbard
>>> Jan Gambill 5/19/2009 2:58 PM>>>
I forgot: you need to send me!letb&.d g"scope,nature andrlhtenV'of your request. J(what you're wanting to do and
why you need this vacation of an easement.)
Jan Gambill
Senior Planning Clerk
City of Fayetteville
Planning Division
125 W. Mountain Street
Fayetteville AR 72701
479-575-8263
ioambill(aci.fay.ar.us
