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Home My WebLink AboutOrdinance 5246 Doc ID: 012960500003 Type. REL Kind: ORDINANCE Recorded: 07/09/2009 at 10:22:28 AM Fee Amt:ot $25.00 Pace 1 of 3 Waehlnon Countv. AR Bette Stamoe Circuit Clerk PI1e2009-00021946 ORDINANCE NO. 5246 AN ORDINANCE APPROVING VAC 09-3269 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 2614 TIMBERGLEN LANE TO VACATE AN 875 SQUARE FOOT PORTION OF A UTILITY EASEMENT ALONG THE WEST SIDE OF THE SUBJECT PROPERTY 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 875 square foot portion of the platted utility easement in the City Planning Area 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 875 square feet of a 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 shall only release the City's rights to this easement. The Washington County Quorum Court or other governing body may need to vacate the easement. PASSED and APPROVED this 16th day of June, 2009. APPROVED- ATTEST: ` `p„umrygry By:ViONBy: � �'��AA-dLY � `�FtYJTR �..... E9''', ELD J AN, Mayor SONDRA E. SMITH, City Clerk/Tr(,ARF*Y 0--SGS FAYETTEVILLE; %vs 9�,KANSPS•. WEST 924.59' ;"M4.10. ' 'w � - e 1T fise.x U.E. N � V yl W n Z Y ZN SE COP. (� NEI/4,SW1/4 N +' SECn-V 33 I a y T-n-N.P-29-W. Z 210 fn wr PT. NET/4, SW' /4 P.Oc. .� - 3 sEGTION 35 > �0 A F p4dW T-17-N, R-29-W WQ 'o ape xS:;^' 1.162 ACRES m E WveR h i'q E n SY IC J •I lo) b VACA'f� H us CL- Q � "4' wXlPEiF - 0 O 2 10RSR. X .F 8021 nV %_x—a—s—v—v_v_r_v 390 (T�x f I R nom" aw.o' I �'—NB9'36't 6"E--rt—•�-+— .03— PART nE=CRPNOR g A UTH ST THE NORTHEAST GOOF (NE1/4) OF THE d• SOUTHWEST QUARTER TISE.O OF NORTH. SECTION RANGE THREE ii'6 uF^A¢ SHIP DESCRIBED AS FOLLOWS: CpNAENCITM RANGE w m Ioo.P (33),TWENTY-NIKE SEVENTEEN(1)) N y.m L— .J TWENTY-NINE(29)WEST. BEING MORE PARTICULARLY E SA C AT THE SOUTHWEST b SSml CORNER OF SAID 40 ACRE TRACT, SAID MINT BEING AN m R^�., EXISTING IRON PIPE;THENCE MVfS57'W ALONG THE EAST LINE OF SAID 40 ACRE TRACT 414.26 FEET TO AN EXISTING IRON:THENCE WEST 924.59 FEET TO AH EXISTING 1/2" IRON; THENCE S00'24'18TW 225.00 FEET TO A SET 1/2" IRON FOR THE TRUE POINT OF BEGINNING:THENCE m 589'57'41W 390.00 FEET TO AN EXISTING 1/2'IRON ON THE EAST LINE OF A COUNTY RCA6 THENCE SOT24'IB'W ALONG THE FAST ONE OF SAID COUNTY ROAD 198.12 FEET 0 EXISTING IRON PIPE TO AN EXISTING I/2'IRON ON THE SOUTH LINE OF SAO 40 ACRE TRACT;THENCE LWNG SND EAST LINE 0 TELEPHONE PEDESTAL 0 N89'361VE ALONG THE SOUTH LINE OF SAID 40 ACRE ® 3'x3' TRANSFORMER SOX TRACT 3MO3 FEEL TO A SET IRON:THENCE U0024 18-E & GAS METER Z d Term oA EIt.oN THA aul,mn sumrtr uo[s 195.69 FELT TO THE POINT OF BEGINNING, CONTAINING 1.16- vreoR&ioFpRenareh or 11E rouovnre wxlw wv RE.wxraelt ACRES. MORE OR LESS,WASHINGTON COUNTY,ARNANSAS. WATER VALVE 0 a WATER METER N w nMt orm ric yr ms AU-P v¢nw"c°i+e µliw%tar®m`vuu'"c is FIRE HYDRANT O wxan °c ur°e m�s°r.eg vP.ar vs�I�s! °P c'4�5 O SET 1/2" IRON REBAR v0icP ..ISE.m6 ITAl-A ° - BVYe ATF GUREST W JNNIFER NTON • EXISTING IRON REBA R —1 OR n _n u �S _ _ RIGHWUNE ° eI � w avo P� 5ELLE@I NEIL h C.OLYN scHMIR - FENO,E„TINE Q E.isr%x.l T fT Iror N or'c ue.a eP➢ffi5'5:2614 TMRERCI[u IANE ---- "SEBA:I: & UTILITY EASEMENT w FAYEIiEVINE,MNN150.4 1 TT LINE c....Vte u•vwm a Iws zNAm etNE t1p r"'N'Tp°4 PROP" 0' 30 60' 90' }08 283 83 08 ..— .... SHEET 1 OF I ... EXHIBIT "B" VAC 09-3269 LEGAL DESCRIPTION: A PART OF THE NEI/4 OF THE SWI/4 OF SECTION 33, T17N, R29W AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID NEI/4, SWI/4 THENCE N00018'57"E 414.26 FEET, THENCE WEST 924.59 FEET, THENCE S00024'18"W 420.69 FEET, THENCE S89°36'16"W 390.03 FEET, THENCE N00°24'18"E 40.00 FEET TO THE P.O.B., THENCE S89°35'42"E 25.00 FEET, THENCE N00°24'18"E 35.00 FEET, THENCE N89°35'42"W 25.00 FEET, THENCE S00°24'18"W 35.00 FEET TO THE P.O.B.; CONTAINING 875 SQUARE FEET MORE OR LESS. l . City of Fayetteville Staff Review Form City Council Agenda Items and Contracts,teases or Agreements 8196/2009 City Council Meeting Date Agenda Items Only s Jesse Fulcher Planning Development Services Submitted By Division Department 9 Action Required: VAC 09-3269: (Schmitt, 298):Submitted by Jorgensen and Associates for property located at 2614 Timberglen Lane. The property is in the Planning Area and contains approximately 1.76 acres. The request is to vacate an 875 square foot portion of a utility easement along the west side of 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 85.7A.tri Previous Ordinance or Resolution# Depart ent it c r Date 1 fit,jo r-V-Vi.-+ � d " 4,,� Original Contract Date: VAS" -.l a_ ;vh ; S Zq-vOriginal Contract Number: City Attorney nn (� Date �{cyi,y oL . I-d-e..7G.. �, ..I-ZO6 (ER I Finance and internal Services Director Date Received in City r F� Clerk's Office LLL�L— f of ff Date Received in ENTERED Mayor's Office d yor Date Comments: I I Revised January 15, 2009 i City Council Meeting of June 16, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy C. Pate,Director of Development Services �t From: Jesse Fulcher, Current Planner Date: May 28,2009 Subject: Vacation for Schmitt/2614 Timberglen(VAC 09-3269) RECOMMENDATION Staff and the Planning Commission recommend approval of vacating a portion of the existing utility easement. BACKGROUND The subject property is located at 2614 Timberglen Lane, which is outside the corporate limits of the City of Fayetteville*. The property contains a single-family structure that was constructed in 2003. A portion of the building was constructed into a 25' general utility easement along the west side of the subject property. There are easements on each side of the property, which were dedicated for use by utility providers, including the City, with the recordation of a lot split in 2000. In a review of the subject easement, utility providers and the City do not plan to utilize the easement as platted, and therefore do not object to its abandonment. The City of Fayetteville does not review or approve site plans for home construction within the Planning Area, which also makes this a unique situation, The applicant's request is to vacate a portion of a utility easement to bring the existing structure into compliance. *Cities of the first class are given power and authority to vacate public utility easements or segments thereof, within such cities. However, the subject easement is located outside of the city limits and therefore the City does not have the authority to vacate the easement in its entirety.If, however, the City determines that the utility easement is not needed for corporate purposes, it should vacate its rights to the easement, due to the encroachment of the house into the easement. DISCUSSION This item was heard at the regular Planning Commission meeting on May 26, 2009. The Planning Commission voted 8-0-0 to forward this rezoning request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 09-3269 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 2614 TIMBERGLEN LANE TO VACATE AN b. 875 SQUARE FOOT PORTION OF A UTILITY EASEMENT ALONG THE WEST SIDE OF THE SUBJECT PROPERTY 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 875 square foot portion of the platted utility easement in the City Planning Area is not required for corporate purposes; i 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 875 square feet of a 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 shall only release the City's rights to this easement. The Washington County Quorum Court or other governing body shall vacate the easement. i' PASSED and APPROVED this day of 12009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer i ' ME51 931.59 A. U Ilww 589'5]41'19 390.DD' P.CS 4 - IS " SO.11 V [ SCRIQ RSI/I C J yN `r• Y`U- p3`� V Uli N fl-35-w. ; e 8\Y'1I4 tl W (]Y $¢ �ry a� SECTION 33 A F R"T b'a T-I)-N, P-29-1 n ap O e T 1.763 ACRES A _ W- ct XLQ In //Mly O w b I='VRcF.'rF Ta1y � s � �!/� '' rz • t T q5 �s It 10'DR.O.R IF.. CGDx aF¢ �11' 390.03_ �'I uRNEy OERCPFION 7 Q`., n A PAF OF THE NORTHEAST OUARIER(NEI/4)OF THE / I 50UTH'NEST WARIER(SWV4)OF SECTION THIF.tt-MREE TONNSMP SEWMTEfl1(I])NORTH.RANGE 'tl+wd..Ae _____J TVENIT-NINE(29f WEST.BEING RON PARI DESCRIBED AS FOLLOWS:CONNENCING AT THE S=IRWZA -GF U•5 GOPHER Of Si10 40 ACRE TRACTEND POINT BEING AN "ISGHG IRON PIPE:THENCE 1OO'I6'S7'n IN Tec GST ` DNP OF SAD 40 ACRE]MCT 414.26 FEET TO pN ENRTIN:. IRON:THENCE WEST 924.59 FEET TO AN EXISTING I/2" IPON;NET CE SWli'10Y1 925 O0 FEET TO A SET 1/2' IRON FORTHE TRUE PUR11 OP BELI1MIHu;THENCE ]tl9'A ,390.W FEET TO AN EXNSING 1/2-IRON ON THE GST LINE OF A COUHtt NOW.TTENCE SOP2:I6'W ALOUG .HE LVT UNIC OF SAID COWNTT RAD 198.12 FEET , EXISTING IRON PIPE TO TH EXISTING 1/2'IRON ON THE SOUTH UTNE OF SAID 2 10 ACRE IRICT;THENCE LGVIHG SND EAS'UNE O TELEPHONE PEDESTAL r,D NBY36'16"E KONG ITE SWTH LINE OF SAID 90 ACRE ® 3'.]' TRANSFOkIAEf. 6Uk 9v1RVIIS LWCi 397.03 FEET TO A SET IR0.9:THENCE NGO'RI 18-E O CAS METER'9569 tt N.,-,ToNX , ,AN,L0, �ei X wLw''wr e-nPPunn- ACREC fEEi TO THE PWNT OF BEGINNINf„ COWFUNINO 1.]e' n WATER VALVE 0 C] PCREE.FORE OR LESS,WASHINGTON CONNIY,ARXPNSA$ y WATER METER n In _ wKg,• • - b FIRE HYORANIrNO Or W u...—I,r ae O SET 1/2" IRON REEAR Dr . mCI=,rnoem nr r [nP..ei. wwo[e TO.w mo • EXISTING IRON NEAR sw rrx xvF oursssx'.&J]NNiPFR XEEToo RIGHT-OP-NAY LINE IRA suns- + y1Ee 13,b dROLm O"N,, onrws a y1ygE2y zmn TEfiFRclfa W9F ---- -SEi61 .c 3 UCLITV EASEMENT 01-11.1; ,IT SA - FATETTEWHC MNAI45 FRO LF TY UNE o[xA, •at Ar Tnu rvmn 0' 30' 6v 90' [yBJI 2 STEP T 1 01 1 I i i EXHIBIT "B" VAC 09-3269 LEGAL DESCRIPTION: A PART OF THE NEI/4 OF THE SWIA OF SECTION 33, T17N, R29W AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID NEI/4, SWI/4 THENCE N00018'57"E 414.26 FEET, THENCE WEST 924.59 FEET, THENCE S00024'18"W 420.69 FEET, THENCE S89°36'16"W 390.03 FEET, THENCE N00°24'18"E 40.00 FEET TO THE P.O.B., THENCE S89°35'42"E 25.00 FEET, THENCE N00°24'18"E 35.00 FEET, THENCE N89°35'42"W 25.00 FEET, THENCE S00°24'18"W 35.00 FEET TO THE P.O.B.; CONTAINING 875 SQUARE FEET MORE OR LESS. I i t. 7aye (I PC Meeting of May 26, 2009 nnK��Sns THF CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: "`may29�r Updated May 28, 2009 VAC 09-3269: (SCHMITT /2614 TIMBERGLEN, 298): Submitted by JORGENSEN & ASSOC for property located at 2614 TIMBERGLEN LANE. The property is in the Planning Area and contains approximately 1.76 acres. The request is to vacate a portion of a utility easement, Planner: Jesse Fulcher Findings: Property Description: The subject property is located at 2614 Timberglen Lane, which is outside the corporate limits of the City of Fayetteville*. The property contains a single- family structure that was constructed in 2003. A portion of the building was constructed into a 25' general utility easement along the west side of the subject property. There are easements on each side of the property, which were dedicated for use by utility providers, including the City, with the recordation of a lot split in 2000. In a review of the subject easement,utility providers and the City do not plan to utilize the easement as platted, and therefore do not object to its abandonment. The City of Fayetteville does not review or approve site plans for home construction within the Planning Area, which also makes this a unique situation. Request: The applicant's request is to vacate a portion of a utility easement to bring the existing structure into compliance. *Cities of the first class are given power and authority to vacate public utility easements or segments thereof, within such cities. However, the subject easement is located outside of the city limits and therefore the City does not have the authority to vacate the easement in its entirety. If, however, the City determines that the utility easement is not needed for corporate purposes, it should vacate its rights to the easement, due to the encroachment of the house into the easement. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. K:\Reports\2009\PC Reports\13-May 26\VAC 09-3269(Neil Sclimitt).doc UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western.Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections I Transportation No Objections Solid Waste No Objections Engineering No Objections j Public Comment: Staff has not received any public comment. However, the property owners directly to the south of the subject property (Powell), who abut the subject easement,have not provided any comments regarding the easement vacation request. Recommendation: Staff recommends forwarding VAC 09-3269 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1. Approval of an ordinance by the City of Fayetteville City Colmcil shall only release the City's rights to this easement. The Washington County Quorum Court, or other governing body shall vacate the easement. 4 CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 11 Forwarded O Denied Cl Tabled Date: May 26.2009 Motion: Graves Second: Cabe Vote: 8-0-0 (removed from consent agenda for discussion) K9Reports\2009\PC Reports\13-May 26\VAC 09-3269(Neil Schtnitt).doc i i. i Petition to vacate a portion of an easement located at 2614 Timberglen Lane, City of Fayetteville,Arkansas To: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned, being all the owners of real estate abutting the easement hereinafter sought to be abandoned and vacated, lying on 2614 Timberglen Lane, City of Fayetteville, Arkansas, a municipal corporation,petition to vacate a portion of the utility easement being described as follows: LEGAL DESCRIPTION i A part of the NE U4 of the SWIM of section 33, T17N,R29W and being described as follows: Commencing at the SE corner of said NEU4, SWIM thence N00°18'57"E 414.26 feet,thence west 924.59 feet,thence S00°24'18"W 420.69 feet. Thence S89036'1 6"W 390.03 feet, thence N00°24'18"E 40.00 feet to the P.O.B. thence S89035'42"E 25.00 feet,thence N00°24'18"E 35.00 feet, thence N89°35'42"W 25.00 feet,thence S00°24'18"W 35.00 feet to the P.O.B.; Containing 875 square feet more or less. That the abutting real estate affected by said abandonment of said easement on 2614 j Timberglen Lance, City of Fayetteville used by the public for a period of several years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that the above described real estate be used for their respective benefit and purpose as not approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. Wherefore,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,Arkansas, abandon and vacate the above described real estate. P Dated this day of 20 Printed name Signature i i UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS Date: Z - 1S — O Utility Company: Applicant Name: jj6.1 �j yt^i Applicant Phone: REQUEcaTED 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 Iocation I Address(referring to attached document-must be completed") (ATTACH legal description and graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: No objections.tothe 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..)' No objections provided the following conditions are met: i at atvu J, v 0.Qom _ Signature of Utility Company Representative Title j i i