The URL can be used to link to this page

Home My WebLink AboutOrdinance 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 V0 �= ;FAYETTEVILLE; APPROVED: ATTEST: %9s 9RNAN`?a � a J .� 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. owl MM I 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. z I 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_ z J Z W N J I ---- = r Subject Property GREYSTONE DR z J Z Q F _ I I 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 S N O a S S :: 7- 0 T J r C w J f1 C j S. O -1� Ct- 03 05-18-09;09:31AM; '4796844617 # 2/ 2 UTILITY APPROVAL FORM FOR RICICL OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE1t-vS�' UTILITY COMPANY' Q_ggrY.l ,1.. t w1e - UEQUESTED VACATION (applkant "wit check ggtkat apply); 7W UtilityIiaaemont ❑ RIghtrofway for alley or sifects and oil utility esscmonts located within the vacated right- of- way. O Alley O Street rightwfwsy I have boon notified of the pctitiun to vacate the following (dNey, eaaefflan} right-of-woy), described as follows: GenendLocation /Address: T"'..t ,t: r& 48Ye'T, ii'. Q..A. I--. . SL.. finclade legal detcnption gndgiaphk rrprermrsNar of whof is being weasel) UTILITY COMPANY COMMENTS: No obJccdons to the vandon(s) described above. No objections to the vaeatien(a) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) A&ui I —E I O G ct +e d ,c -4,c2 l i N e s +41c.. a.s& !er-6 ex peN5e. • SysTen, warn. meg Title Fa mw Poets 7/1 ,J fri c.C,An rv.f C0n7-n7_IR1I (5/19/2009) Dara Sanders - RE: Easement I From: <Jason.Combs@cox.com> To: <dasanders@ci.fayetteville.ar.us> Date: 5/19/2009 4:35 PM Subject: RE: Easement Vacation Request Dara, We are still good with the vacate. Thanks, Jason Combs Field Engineer Cox Communications 479-871-3475 -----Original Message ----- From: Dara Sanders [mailto:dasanders@ci.fayetteville.ar.us] Sent: Monday, May 18, 2009 10:12 AM To: ljwinkler@aep.com; sc9783@att.com; Brian Pugh; Terry Gulley; Combs, Jason (CCI-Johnson); gmcgee@ozarksecc.com; james_boyd@swn.com Subject: Fwd: Easement Vacation Request Attaching the attachment would help... Dara Sanders City of Fayetteville Current Planning and Historic Preservation >>> Dara Sanders 5/18/2009 10:10 AM >>> Good morning, everyone! The Fayetteville Planning Division has received a vacation application to vacate a portion of a utility easement for property located at 4830 Trails End Lane. All utility representatives previously signed the approval form with no objection in 2005. For the sake of caution, I hope that you could take a look at this request again. I've attached the previously signed forms and site plan. If you still have no objections, please strike through the 2005 date and write in and initial the current date. If you do object, please send your concerns to me. Let me know if you have any questions! Dara Sanders City of Fayetteville Current Planning and Historic Preservation UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: S - Il-US UTILITY COMPANY: COX ( fit, , c ci e J REQUESTED VACATION (applicant must check all that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement right-of-way), described as follows: General location! Address: r,._ a_ -nuu_r o_, (Include legal description and graphic representation of what is being vacated) UTILITY COMPANY COMMENTS: S No objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) February 2004 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5J- 10-oS U fIL1TY COMPANY: Nrtc c#icc c UcncCe V ITcac REQUESTED VACATION (applicant must check all that apply): Utility Easement 0 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. El Alley ❑ Street right-ofway I have been notified of the petition to vacate the following (alley, easemeni, right -of --way), described as follows: General location/Address:xrk_vnr4 rk 49'zo—Tirc.;ls C d_ \rv.&J. S�oL,n -rtnc�. (Include legal description and graphic representation of what Is being vacated) UTILLII'tY COMPANY COMMENTS: iY No objections to the vacation(s) described above. 0 No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) February 2004 Page 5 (6/1/2009) Dara Sanders FW FW: EasF >nt Vacation Request Page 1 From: "STROUD, LARRY M (ATTSWBT)" <ls7001@att.com> To: <dasanders@ci.fayetteville.ar.us> Date: 6/1/2009 11:51 AM Subject: FW: FW: Easement Vacation Request Attachments: 3600_1.pdf; STROUD LARRY M (ATTSWBT).vcf Dara, Per our conversation, I have looked over the drawings from the 2005 easement vacation and looked at AT&T's updated cable records of the same lot 30, 4830 Trails End In. Our facilities are the same as was in 2005 and no new cables have been buried on the properties utility easement. I agree with the previous Utility Approval form and have no objections to the vacation described on the 2005 form. Please call if you need any other information. THANK YOU Larry M. Stroud (479)442-1977 -----Original Message ----- From: CLOUSER, SUSAN K (ATTSWBT) Sent: Friday, May 29, 2009 3:26 PM To: STROUD, LARRY M (ATTSWBT) Subject: FW: FW: Easement Vacation Request Larry, Can you please get an answer back to the city of Fayetteville please Thanks Sue -----Original Message ----- From: Dara Sanders [mailto:dasanders@ci.fayetteville.ar.us] Sent: Friday, May 29, 2009 2:36 PM To: STROUD, LARRY M (ATTSWBT); CLOUSER, SUSAN K (ATTSWBT); Terry Gulley; james_boyd@swn.com Cc: Jan Gambill Subject: Re: FW: Easement Vacation Request Good afternoon all! See email below. Could you please take a look at this request and respond ASAP? A reply to this email to verify your consent to the requested easement vacation will suffice. Thanks! Dara Sanders City of Fayetteville Current Planning and Historic Preservation `Fayetteville is a Preserve America Community >>> Dara Sanders 5/18/2009 10:10 AM >>> Good morning, everyone! UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5_-- 18 P'1/Gy UIILITY COMPANY: REQUESTED VACATION (applicant must check all that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way, ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, rig/a-of-way), described as follows: General location / Address:' k VL U 1. o F 43D Tv -MRS &Ayy a� own c1 - (Include legal description and graphic representation of what is being vacated) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. O No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) February 2004 Page 5 Tom' �1 g n A&t757 IrN UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: S -t\ --o UTILITY COMPANY: Ya p\�•II.r-yr REQUESTED VACATION (applicant must check all that apply): )*a Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement right-of-way), described as follows: location / Address: V _ (include legal description and graphic representation of pp/tat is being vacated) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. 0 No objections to die vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) cf l 3/� c Februmy 2004 I'age S UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UfIliTY COMPANY: w Hyel(m.�'U 'LA?e,- REQUESTED VACATION (applicant must check all that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, eare,neni, right-of-way), described as follows: General location/ Address: R 4 v.._ s „ . 4•J? 7.. •t. r_ .. c1. (Include legal description and graphic representation of what is being vacated) UTILITY COMPANY COMMENTS: NNo objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature of Utility Company Representative 7ule f ebnmp' 2004 Page 5 VAC09-3321 HUBBARD/ TRAILS END LANE Close Up View SUBJECT PROPERTY RSFt -- GREYSIQNE 6R GREYST0NEDR -' - - - - - 3, ____ H ____ H Overview Legend _ VAC..J221 02%C.vrce Flmlpan ISW -la Flw].hml Zo ,& IYC00000 Fir yjl.' (100-N FJLV'.gYnl Zme AE. IY<C.arce FIo d anIIO...Rffroe O r( C 2007 FMPnI, Coo., Oyoil OWI[I O Fayetteville Fmrvn7nea O 0 20 40 80 120 160 Feet