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HomeMy WebLinkAboutOrdinance 5258 ORDINANCE NO. 5258 AN ORDINANCE APPROVING VAC 09-3320 SUI3MITTED BY ALAN REID FOR PROPERTY LOCATED AT 621 ROCKCLIFF ROAD TO VACATE A 12.5' UTILITY AND DRAINAGE EASEMENT AND A 15' UTILITY, DRAINAGE, AND PEDESTRIAN EASEMENT CONTAINING A TOTAL OF 3,794 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 3,794 square foot portion of the platted utility, drainage, and pedestrian easements are 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 3,794 square feet of the utility, drainage, and pedestrian easements 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 Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. As indicated on the attached survey, the applicant shall dedicate a new 16' wide utility and pedestrian easement, centered on the property line between Lots I and 16. 2. All existing utility lines within the easement being vacated shall be relocated to new easements at the owner/developer's expense. 3. A building permit for 619 Rockcliff (Lot 1) shall not be issued until the existing sewer service line for 621 Rockcliff has been relocated. Page 2 Ordinance 5258 4. The associated property line adjustment shall be filed of record prior to installing the new sewer service line for 621 Rockcliff. 4 4VTR c''°�°, PASSED and APPROVED this 21 day of July, 2009. �� 0 °SGS' o F AYETTEVILLEe APPROVED: ATTEST: y°yA PS u SCA r ` '°s°°�jNGTC3N GAJ`b °ja�+ae��u esU�e� By: _ By: C� l L O ELD J N, Mayor SON RA E. SMITH, City Clerk/Treasurer VAC09-3320 EXHIBIT "A" Close Up View ^s SUBJECT PROPERTY " 11 ':IY 1• jM 1��� ",V Overview L.,.d Q omaaco v.,®nlvn•.,.Ibl �ozx ca�riwaps.lsw-r mer.�m D zorea..x ems rmaw;�iiw.v.emapzml O m,.ae.ix cr.®rwemw�noo.n raoevi.m wne•owe,uv o.izi 0 20 40 80 120 160 Feet Page 3 Ordinance 5258 EXHIBIT "B" VAC 09-3320 15'PEDESTIRIANPATHWAYAND UTILITYAND DRAINAGE EASEMENT TO BE VACATED A PART OF BLOCK NUMBERED NINE(9) OF THE REPLAT OF BLOCKS EIGHT(8) AND NINE(9) OF HYLAND PARK, PHASE FIVE(5), TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 9 AT PAGE 87 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT NUMBERED ONE(1) OF SAID BLOCK NINE(9), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N58°01'23"W 17.47 FEET TO AN EXISTING IRON REBAR AT THE SOUTHEAST CORNER OF LOT SIXTEEN (16) OF BLOCK ONE (1) OF HYLAND PARK,PHASE ONE(1), SAID POINT BEING ON THE WEST BOUNDARY OF A FIFTEEN (15) FOOT WIDE PEDESTRIAN PATHWAY; THENCE NO1°51'18"E 143.55 FEET ALONG THE WEST LINE OF SAID PATHWAY TO AN EXISTING IRON REBAR ON THE NORTH LINE OF SAID BLOCK NINE (9), SAID POINT BEING THE SOUFH RIGHT-OF- WAY LINE OF ROCKCLIFF ROAD AND ALSO BEING ON A 187.26 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE SOUTHEASTERLY 14.01 FEET ALONG SAID RIGHT-OF- WAY LINE AND CURVE, THE CHORD FOR WHICH BEING S85°51'39"E 14.01 FEET,TO AN EXISTING IRON REBAR AT THE NORTHWEST CORNER OF SAID LOT ONE (1); THENCE LEAVING SAID RIGHT-OF-WAY LINE AND CURVE, S01°26'08"W 151.77 FEET TO"IT IE POINT OF BEGINNING, CONTAINING 2147.6 SQUARE FEET, MORE OR LESS. 12.5 FOOT UTILITY EASEMENT TO BE VACATED-LOT 16 A TWELVE AND ONE-FIALF(12.5)FOOT WIDE UTILITY AND DRAINAGE EASEMENT, SAID EASEMEMT LYING WEST OF AND IMMEDIATELY ADJACENT TO THE EAST BOUNDARY OF LOT NUMBERED SIXTEEN (16), BLOCK NUMBERED ONE(1) OF HYLAND PARK, PHASE ONE (1), TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 6 AT PAGE 605 IN THE OFFICE OF THE CIRCUIT CLERIC AND EX- OFFICIO RLCORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT SIXTEEN (16), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N0105 1'18"E 2.54 FEET ALONG THE EAST LINE OF SAID LOT SIXTEEN (16)TO THE TRUE POINT OF BEGINNING; THENCE N32°23'47"W 22.21 FEET; THENCE NO1°51'18"E 122.27 FEET TO A POINT ON THE NORTH LINE OF SAID LOT SIXTEEN(16), SAID POINT BEING ON A 187.26 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE SOUTHEASTERLY 12.51 FEET ALONG SAID CURVE,THE CHORD FOR WHICH BEING S89°55'05"E 12.51 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF SAID LOT SIXTEEN (16); THENCE SO 1°51'18"W 141.01 FEET TO TT-IE POINT OF BEGINNING. 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 09-3320: (ELSASS/621 ROCKCLIFF ROAD, 449): Submitted by ALAN REID for property located at 621 ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.71 acres. The request is to vacate two utility and drainage easements 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 C.•Y!•7a 0b.1,S.pq Previous Ordinance or Resolution# Department'154cloW Date Original Contract Date: C. --- •'�n Original Contract Number: City Attorney Date a _ � 6-z9-o9 Finance and Internal Services Director Date Received in City ENTERED c Clerk's Office Chief of Staff Date p r , Received in o Mayor's Office Ma rDate Comments: Revised January 15, 2009 City Council Meeting o1'July 21, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy C. Pate, Director of Development Services From: Jesse Pincher_ Current Planner Date: .lune 24, 2009 Subject: Vacation for Elsass/621 RockcliffRoad (VAC 09-3320) RECOMMENDATION Staff and the Planning Commission recommend approval of vacating an existing utility and drainage easement and a utility, drainage and pedestrian easement on the subject property. 13ACKGROUND The subject properties are located at 619 and 621 Rockcliff Road and zoned RSF-4. The properties were platted as part of Hyland Park Phase I (Lot 16) and Phase V (Lot 1). Lot 16 has been previous developed with a single-family home; however, Lot 1 is encumbered by several existing drainage and utility easements. In an effort to create sufficient area for a new single-family home on Lot 1, that applicant is proposing to adjust the property line between the two lots, relocate a telephone and sewer service line, vacate several drainage and utility easements and dedicate new easements as necessary. DISCUSSION This item was heard at the regular Planning Commission meeting on .lune 22, 2009. The Planning Commission voted 7-0-1 to forward this rezoning request to the City Council with a recommendation of approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 09-3320 SUBMITTED BY ALAN REID FOR PROPERTY LOCATED AT 621 ROCKCLIFF ROAD TO VACATE A 12.5 UTILITY AND DRAINAGE EASEMENT AND A 15' UTILITY, DRAINAGE, AND PEDESTRIAN EASEMENT CONTAINING A TOTAL OF 3,794 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 3,794 square foot portion of the platted utility, drainage, and pedestrian easements are 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 3,794 square feet of the utility, drainage, and pedestrian easements 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 Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. As indicated on the attached survey, the applicant shall dedicate a new 16' wide utility and pedestrian easement, centered on the property line between Lots 1 and 16. 2. All existing utility lines with the easement being vacated shall be relocated to new easements at the owner/developers expense. 3. A building permit for 619 Rockcliff(Lot 1) shall not be issued until the existing sewer service line for 621 Rockcliff has been relocated. 4. The associated property line adjustment shall be filed of record prior to installing the new sewer service line for 621 Rockcliff. Page 2 Ord. PASSED and APPROVED this day of 2009. APPROVTD: ATTFST: By: — -- Py' -- — -- LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer VAC09-3320 EXHIBIT "A" Close Up View r srn SUBJECT PROPERTY i oC HQ C' i ft51-f Overview Isyoou M�re...oa 0 20 40 80 120 160 Feet r XIIJBIT "If VAC 09-3320 15'PEDESTIRIAN PATHWAY AND UTILITY AND DRAINAGE EASEMENT TO BE VACATED A PART OF BLOCK NUMBERED NINE (9) OF THE REPLAT OF BLOCKS EIGHT (8) AND NINE (9) OF HYLAND PARK, PHASE FIVE (5), TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 9 AT PAGE 87 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT NUMBERED ONE (1) OF SAID BLOCK NINE (9), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N58°01'23"W 17.47 FEET TO AN EXISTING IRON REBAR AT THE SOUTHEAST CORNER OF LOT SIXTEEN (16) OF BLOCK ONE (1) OF HYLAND PARK, PHASE ONE (1), SAID POINT BEING ON THE WEST BOUNDARY OF A FIFTEEN (15) FOOT WIDE PEDESTRIAN PATHWAY; THENCE N01°51'18"E 143.55 FEET ALONG THE WEST LINE OF SAID PATHWAY TO AN EXISTING IRON REBAR ON THE NORTH LINE OF SAID BLOCK NINE (9), SAID POINT BEING THE SOUTH RIGHT-OF-WAY LINE OF ROCKCLIFF ROAD AND ALSO BEING ON A 187.26 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE SOUTHEASTERLY 14.01 FEET ALONG SAID RIGHT-OF-WAY LINE AND CURVE, THE CHORD FOR WHICH BEING S85051'39"E 14.01 FEET, TO AN EXISTING IRON REBAR AT THE NORTHWEST CORNER OF SAID LOT ONE (1); THENCE LEAVING SAID RIGHT-OF-WAY LINE AND CURVE, S01°26'08"W 151.77 FEET TO THE POINT OF BEGINNING, CONTAINING 2147.6 SQUARE FEET, MORE OR LESS. 12.5 FOOT UTILITY EASEMENT TO BE VACATED - LOT 16 A TWELVE AND ONE-HALF (12.5) FOOT WIDE UTILITY AND DRAINAGE EASEMENT, SAID EASEMEMT LYING WEST OF AND IMMEDIATELY ADJACENT TO THE EAST BOUNDARY OF LOT NUMBERED SIXTEEN (16), BLOCK NUMBERED ONE (1) OF HYLAND PARK, PHASE ONE (1), TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 6 AT PAGE 605 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT SIXTEEN (16), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N01°51'18"E 2.54 FEET ALONG THE EAST LINE OF SAID LOT SIXTEEN (16) TO THE TRUE POINT OF BEGINNING; THENCE N32023'47"W 22.21 FEET; THENCE N01051'18"E 122.27 FEET TO A POINT ON THE NORTH LINE OF SAID LOT SIXTEEN (16), SAID POINT BEING ON A 187.26 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE SOUTHEASTERLY 12.51 FEET ALONG SAID CURVE, THE CHORD FOR WHICH BEING S89055'05"E 12.51 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF SAID LOT SIXTEEN (16); THENCE S01°51'18"W 141.01 FEET TO THE POINT OF BEGINNING. I le'Faye PC Meeting of June 22, 2009 AR KA V'SA TH1 CITY Of I AYCTI I ViLLI'. ARKANSAS 125 W. Mounmin St. Pavetteville. AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer TIIRU: Jeremy Pate, Development Services Director DATE: June 10, 2009 VAC 09-3320: (ELSASS / 621 ROCKCLIFF ROAD, 449): Submitted by ALAN REID for property located at 621 ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.06 acres. The request is to vacate a 12.5' wide utility and drainage easement, and to vacate a 15' wide utility, drainage and pedestrian easement on the subject property. Planner: Jesse Fulcher Findings: Property Description: The subject properties are located at 619 and 621 Rockcliff Road and zoned RSF-4. The properties were platted as part of Hyland Park Phase 1 (Lot 16) and Phase V (Lot 1). Lot 16 has been previous developed with a single-family home; however. Lot I is encumbered by several existing drainage and utility easements. In an effort to create sufficient area for a new single-family home on Lot 1, that applicant is proposing to adjust the property line between the two lots, relocate a telephone and sewer service line, vacate several drainage and utility easements and dedicate new easements as necessary. Request. The applicant's request is to vacate the existing 12.5' utility and drainge easement on the east boundary of Lot 16 Phase I and the existing 15' utility, drainage and pedestrian easement on the west boundary of Lot 1 Phase V of Nyland Park. 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. Any damage or relocation of existing services shall be at the owner/developers expense. Southwestern Electrics Power Company Not applicable. Arkansas Western Gas No Objections. The existing easement parallel to Rockcliffshall be retained. K:\Repor1s\2009\11C Reports\I5-June 22\VAC 09-3320(Elsass_60 Rockelia)Utilityeasement.doc Southwestern Bell Telephone No Objections. The existing utility line(s) shall be relocated at the owner/developer's expense, into a newly dedicated easement as indicated Oil the plat. CPTY OF FAYETTE VILLE: RESPONSE Water/Sewer No Objections. The existing sewer service line for 621 Rockcliff shall be relocated prior to building permit approval for 619 Rockcliff. Transportation No Objections. Solid Waste No Objections. Engineering No Objections, Public Comment: Staff has not received any comments regarding the subject vacation requests. Recommendation: Staff recommends forwarding (VAC 08-3320) the request to the City Council with the following conditions of approval: Conditions of Approval: I. As indicated on the attached survey, the applicant shall be dedicate a new 16' wide utility and pedestrian easement, centered on the property line between Lots I and 16. 2. All existing utility lines with the easement being vacated shall be relocated to new easements at the owner/developer's expense. 3. A building permit for 619 Rockcliff(Lot 1) shall not be issued until the existing sewer service line for 621 Rockcliff has been relocated. 4. The associated property line adjustment shalt be filed of record prior to installing the new sewer service line for 621 Rockeliff. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded ❑ Denied ❑ Tabled Date: .June 22.2009 Motion: Second: Vote: KARepor1s\20091,PC Repoasu 5-1une22\VAC 09-3320(Elsnss_619 Rockcli A)Utility usement.doe