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HomeMy WebLinkAboutOrdinance 5345 Doc ID: 013835280003 Type. REL Kind: ORDINANCE Recorded: 09/09/2010 at 12:30:16 PM Fee Amt: $25.00 Pao: 1 of 3 Hashinoton Countv. AR Bette Stamps Circuit Clerk File2010-00026155 ORDINANCE NO. 5345 AN ORDINANCE APPROVING VAC 10-3617 SUBMITTED BY BLEW AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 3968 EDGEWATER TO VACATE A UTILITY EASEMENT, A TOTAL OF 1,008 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 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: That this vacation approval is subject to the Condition of Approval as follows, and shall not be in effect until such condition is met: 1.. Any necessary relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. PASSED and APPROVED this 17th day of August, 2010. 6X*\1 y ° FAYETTEVILLE w APPROVED: ATTEST: CbJ� IV By' a L LD JO ayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT -`€° m �p will du ff 'R .. �aQ a w w io:z gb° bw a ,°ecGo . 8_9 €tea§w $ s 9 "0 ? sa`�=i'sLL8€'"�° s 9 e €o 40:'• s•' =�oS; e " ., r oRy3°F LL„3a:k'9 S o ?ys =F foy "aa as_ w 3 j _ q •n, F� :i36y `P <>w ws wo=wbowr�o Y"'"�� boa .Sad`"�� ¢ :02,' ag38 ` pj Wa g° H s u b•'•........,.'S�, �j:s$ ln..p.aa�= Ys3 �z� ?€ ;a. PROFES,. ¢e yvi - 85 HM 'UH 'UH f�3� o 0 o ao2m.�a 7z LL3 Eww o .Iwo �.3 o€ 8„ 'gi $ky c3 �\ ngg � 1 \ So w � " was �k �Y3 g aP iM Cl MO •� \^ �'�'� e x � .. Soo©ioo�z®me[oo �I�� k: CI 6- Rqj d €�� ahtl'1111�i g.y iC III n�'¢ € —JL— , $$ 9 Po s 8 .goy s O %m zp again pno> Nz o e N 4 EXHIBIT °B" VAC 10-3617 SURVEY DESCRIPTION: (PARCEL#765-22983-000) LOT 13, CLABBER CREEK SUBDIVISION, PHASE I, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD "23" AT PAGE 69. UTILITY EASEMENT VACATION DESCRIPTION• A PART OF LOT 13, CLABBER CREEK SUBDIVISION, PHASE I, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD "23" AT PAGE 69, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S24045'20"E 8.73'AND S65023'42"W 27.65' FROM THE NORTHWEST CORNER OF SAID LOT 13, AND RUNNING THENCE S24°36'18"E 11.27', S65023'42"W 89.43', N24036'18"W 11.27' AND N65023'42"E 89.43' TO THE POINT OF BEGINNING. Washington County,AR I certify this instrument was filed on 09/09/2010 12:30:16 PM and recorded in Real Estate File Number 2010-00026155 Bette Stamps- Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/17/2010 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 10-3617 (Timmermans, 283): Submitted by Blew and Associates, Inc. for property located at 3968 Edgewater. The property is zoned RSF-4, Residential Single Family, 4 units per acre. The request is to vacate a portion of a utility easement. 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 —l( " 4lq�• P-1b.1bla Previous Ordinance or Resolution# Departmneentt biirector Date Original Contract Date. Original Contract Number: City Attorney ^q LL, � Date `PaA a . CY--I-21110 Finance and Internal Services Director Date Received in City Clerk's Office 07-30- 10P03 :33 Chief o Sta Date FyT�Fp � Received in Mayor's Office Ma or ate Comments: Revised January 15, 2009 F e evi le THE CITY OF FAYETTEVILLE,ARKANSAS Y DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Dara Sanders, Current Planner Date: July 29, 2010 Subject: VAC 10-3617 Timmerman RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance vacating a portion of a utility easement on the subject property(VAC 10-3617). BACKGROUND The subject property is located at 3968 Edgewater Drive. There is an existing home on the property, constructed in 2005. The surrounding land use and zoning consists of single family and rural residential uses within the RSF-4 zoning district to the north, south, and west, and unincorporated Washington County to the east. The applicant's request is to vacate a portion (1,008 square feet) of a utility easement to allow for a pool and deck to be constructed on the property. DISCUSSION On July 26, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 7-0-1 (Commissioner Hoskins recused). BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 10-3617 SUBMITTED BY BLEW AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 3968 EDGEWATER TO VACATE A UTILITY EASEMENT, A TOTAL OF 1,008 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 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: That this vacation approval is subject to the Condition of Approval as follows, and shall not be in effect until such condition is met: 1. Any necessary relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. PASSED and APPROVED this 17th day of August, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer uD1E5 B4tR Or M. 8.73' .% 2�;:rni2" voN UE"wrs.M�EOmin:"W�o°un"mB,F"5'a'�.�W`�D":,ED " �J%�°'� � rcCx p,W[ft/IrtNAkOP l;:r rlS]I.,., �\'J ~2 � +`\ ns� wT CMLE FfaFNSMVV FMM yuNwx'on��w�m[•�iT.r PicFw xB.w :�I ♦\ lo- �SfIUSERCPEf i�Mv:.MnW'Et[.xrr[„uE. �4 �. 8 CWVM1.MxrNS '�`E1E Ea b fnrel�Z r'8{ i�-v M—f u�aE ea.va,rm'Fe�n+�..T'viDvne k>.:EE9q rOrv�E Wvru aztwrE On+t \ xwSE .� °[0. M{1W"WY�M KAFBvre[P¢NES].TAP,rvuT ^ tEXi D DFWL.T���gwwepyvs, v ` ."BuunusEawMw a� �ptau°Wc w�.c'E"r'w.T.++[OEs �, ��v� MCLLWNxnfiMBlD[tEv.VlxCC4cMY,12dvV/. ` y \\ Ayur"' MMCm5E4'4wTOBVMWrva \T nro v).•'- \\ ��qS xEMMMMWWrt�M W40.� �` �BJF' .cur rONWn4Mr�fa[["iarrw n ,+ yA � wrt avmEn y \ SJ: ."D*iwva rrtW n.rwct roc avvrrviEESEmGivsrEu Sloc OF'.. � /,� u� avr«E . ~ ae w.euN4Coc.L sOwacv..,c O STANDARD LEGEND wmrt.rc. .�• N� rZ • � �w Wm (V�� (j ne��WV ; P + ]P IP PP C ' II BwE _ T ¢•�• ®� suv8 P�35WOCNBTEp xFina E vu��� �"�a pv W.SVCMC.E6r.5MFv 4 SIEVEN6MICMElLE O v f.,BnNftAM�rT iIMMFIIMNLS � _ MN VSEw. ' rlww [" x�eq] tl1.NNBVEES �. .vrni Q'vmae VFE0.GEErmK[, WNROMMD EXHIBIT "B" VAC 10-3617 SURVEY DESCRIPTION: (PARCEL 9765-22983-000) LOT 13, CLABBER CREEK SUBDIVISION, PHASE 1, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD "23" AT PAGE 69. UTILITY EASEMENT VACATION DESCRIPTION: A PART OF LOT 13, CLABBER CREEK SUBDIVISION, PHASE I, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD "23" AT PAGE 69, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S24045'20"E 8.73' AND S65023'42"W 27.65' FROM THE NORTHWEST CORNER OF SAID LOT 13, AND RUNNING THENCE S24°36'18"E 11.27', S65023'42"W 89.43',N24036'I8"W 11.27 AND N65°23'42"E 89.43' TO THE POINT OF BEGINNING. z Taye le PC Meeting of July 26, 2010 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: Data Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Updated July 29, 2010 VAC 10-3617: Vacation (TIMMERMANS/3968 W. EDGEWATER, 283): Submitted by BLEW & ASSOCIATES, INC. for property located at 3968 EDGEWATER. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.23 acres. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description: The subject property is located at 3968 Edgewater Drive. There is an existing home on the property, constructed in 2005. The surrounding land use and zoning consists of single family and rural residential uses within the RSF-4 zoning district to the north, south, and west, and unincorporated Washington County to the east. Request: The applicant's request is to vacate a portion (1,008 square feet) of a utility easement to allow for a pool and deck to be constructed on the 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 Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections G:\ETC\Development Services Review\2010\Development Review\I0-3540 VAC 2292 N.Covington Park\3-Planning Commission 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 existing utilities and provide for new utilities, staff recommends forwarding VAC 10- 3617 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 prior to recordation of the easement vacation. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled Date: July 26, 2010 Motion: Cabe Second: Earnest Vote: 7-0-1 (Commissioner Hoskins recused) Note: GAEMDevelopment Services Review\2010\Development Review\10-3540 VAC 2292 N.Covington Park\3-Planning Commission Blew � �7 Associates, P. A . Professional Land Surveyors 524 W. Sycamore Street Suite 4, Fayetteville,AR 72703 PH: 479-443-4506 * FAX: 479-582-1883 httl2://www.blewinc.com RE: Timmerman Easement Vacation June 3, 2010 To Whom It May Concern: Our client's Steve & Michelle Timmermans are requesting to vacate a portion of the utility easement that crosses their backyard for the purpose of building a pool. If you have any question or concerns regarding this request please feel free to contact me. Sincerely, Buckley Blew