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HomeMy WebLinkAboutOrdinance 5319 Vliiillilllullllliiiiil►IIi�IIIG�lliill�liilllilliullllllllllllllllll DocID: 913450750003.Type:REL Kind: ORDINANCE Re Corded: 05/26/2010 at 02:58:45 PM Fee Amt: $25.00 Paae 1 of 3 Washinaton Countv. AR Bette Stamca Circuit Clerk File2010-00014360 ORDINANCE NO. 5319 AN ORDINANCE APPROVING VAC 10-3540 SUBMITTED BY FIRST STATE BANK OF NORTHWEST ARKANSAS FOR PROPERTY LOCATED AT 2292 NORTH COVINGTON PARK BOULEVARD TO VACATE UTILITY EASEMENT,A TOTAL OF 33 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 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 subjected to the Conditions of Approval as follows, and shall not be in effect until this condition is met herein. 1. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this 4`h day of May, 2010. APPROVED: ATTEST: By: By: ON LD JORI ayor SON RA E. SMITH, City Clerk/Treasltrer:FAYETTEVILLE: Exhibits for this ordinance may be viewed in the office of the City Clerk/Treasurer. =9s••:�kgNSP•J?;' y'NG % C Land Projects 200J\10-OI Ots-fv,\I 0 0l Oaaseaernt vecattoo extiib it.dkvg,Ext I A,212 3/23c MWOUIT I'Avv Asph,af Covinqton Pork 801,11-loird so, RIghf-,f-.,,y 0 A,ph.If Concrete 777 0 7- -S —--- —--- mo If it�w, I It it I) I I If of 0 `I WI If z 11 II 11 IA ID ci, 46yN '. 5..-. ot, 6� L -� 0- O c F < > g < 0 N 0II S C.m.r.f. .52 -Z 2 ;3 . H If X imine tem <m II of >0 t7.6o fl - ;'t,,0 z 20' U.E. 5 2: if p F;J. #23-56 o It 0 0 Q ,Z c� 0 T? 20' D C FIJ, #2i-56 2. 0 iWspato 0� +oleo 5.72- 01 77zM ;T >x L - < -- 1 0.71 1 -, - - z < > Z > EXHIBIT "B" VAC 10-3540 PART OF LOT 134 OF THE FINAL PLAT OF COVINGTON PARK PHASE III RECORDED AS FILE#23-56 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 134 BEING A FOUND 5/8" REBAR W/CAP (PS 1005); THENCE S87°01'22"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 134, A DISTANCE OF 80.92 FEET; THENCE S02°58'38"W, LEAVING THE ABOVE SAID NORTH LINE, A DISTANCE OF 8.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE S86°39'23"E, A DISTANCE OF 30.23 FEET; THENCE S03°15'20"W, A DISTANCE OF 0.99 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING 20' UTILITY EASEMENT RECORDED IN FILE#23-56; 'I'IIENCE N87°01'22"W, ALONG THE ABOVE SAID SOUTH LINE, A DISTANCE OF 30.22 FEET; THENCE N020571 4"E, LEAVING THE ABOVE SAID SOUTH LINE, A DISTANCE OF 1.19 FEET TO THE POINT OF BEGINNING AND CONTAINING 33 SQUARE FEET, MORE OR LESS. Wo'shiI g On coni, A (,certify this instrument was filed on 05/28/2010 02:58:45 PM and recorded in Real Estate File Number 2010-00014380 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/4/2010 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 10-3540: (First State Bank of NWA, 334): Submitted by First State Bank of Northwest Arkansas for property located at 2292 North Covington Park Boulevard. The property is zoned RSF-4, Residential Single Family, 4 units per acre. The request is to vacate a portion of a utility easement. 96" $ stof is 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 ��G�" _ a Previous Ordinance or Resolution# Department irectorDate pp Original Contract Date: .� 4 -��— 2Ll J Original Contract Number: City Attorney— Date ,U R ktl 15.1010 ENTERED Finance and Internal Services Director Dale Received in City Clerk's Office KANw Chief f St Date L Received in Pile Mayor's Office V Ma or 4DO Comments: Revised January 15,2009 Zayj�L'1011e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT'CORRESPONDENCE AS INNER!'!ililliiiillll 111��1�111 11 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Director of Development Services From: Andrew Garner, Senior Planner Date: April 13, 3010 Subject: VAC 10-3540 (2292 North Covington Boulevard Easement Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a utility easement on the subject property containing approximately 33 square feet. BACKGROUND The subject property is located at 2292 North Covington Park Boulevard. There is an existing home on the property, constructed in 2007. A recent survey of the home conducted as part of a real estate transaction revealed that 1.2 feet of the overhang on the northern side of the home encroaches into a utility easement. 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 the portion (33 square feet) of this easement that is encroached by the home. DISCUSSION The applicant has submitted the required notification forms to the utility companies and to the City water, sewer, engineering, solid waste, and transportation divisions with no objections to the vacation of the easement. On April 12, 2010 the Planning Commission unanimously forwarded this request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 10-3540 SUBMITTED BY FIRST STATE BANK OF NORTIIWEST ARKANSAS FOR PROPERTY LOCATED AT 2292 NORTH COVINGTON PARK BOULEVARD TO VACATE UTILITY EASEMENT, A TOTAL OF 33 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 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 subjected to the Conditions of Approval as follow, and shall not be in effect until this condition is met herein. 1. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this day of 12010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "I3" VAC 10-3540 PART OF LOT 134 OF THE FINAL PLAT OF COVINGTON PARK PHASE 111 RECORDED AS FILE #23-56 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR'T'HWEST CORNER OF THE ABOVE SAID LOT 134 BEING A FOUND 5/8" REBAR W/CAP (PS 1005); THENCE S87°01'22"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 134, A DISTANCE OF 80.92 FEET; THENCE S02058'38"W, LEAVING THE ABOVE SAID NORTH LINE, A DISTANCE OF 8.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE S86°39'23"E, A DISTANCE OF 30.23 FEET; THENCE S0Y I5'20"W, A DISTANCE OF 0.99 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING 20' UTILI'T'Y EASEMENT RECORDED IN FILE #23-56; THENCE N87°01'22"W, ALONG THE ABOVE SAID SOUTH LINE, A DISTANCE OF 30.22 FEET; THENCE NO2057'14"E, LEAVING THE ABOVE SAID SOUTH LINE, A DISTANCE OF 1.19 FEET TO THE POINT OF BEGINNING AND CONTAINING 33 SQUARE FEET, MORE OR LESS. s7yel�-Iie PCMeeting of April 12, 2010 K�.N iS llk' Cl IY OI FAY I_ FTEVII,LI ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: A•�•� '�a,-�, 2�^1noUpdatedApril13 2010 VAC 10-3540: Vacation (FIRST STATE BANK/2292 N. COVINGTON PARK, 334): Submitted by FIRST STATE BANK OF NORTHWEST ARKANSAS for property located at 2292 N. COVINGTON PARK BOULEVARD. The property is zoned RSP-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.33 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Findings: Property Description: The subject property is located at 2292 North Covington Park Boulevard. There is an existing home on the property, constructed in 2007. A recent survey of the home conducted as part of a real estate transaction revealed that 1.2 feet of the overhang on the northern side of the home encroaches into a utility easement. 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 (33 square feet) of a utility easement to allow for a clear title and real estate closing 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 GAA.YC\Development Services Review\2010\Development Review\I0-3540 VAC 2292 N.Covington Park0-Planning Commission CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections 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- 3540 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. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded 0 Denied ❑ Tabled Date: April 12, 2010 Motion: Cabe Second: Earnest Vote: 7-0-1 (Lack recused) Note: On consent agenda. GMADDevelopment services Review\2010\Development Review\IO-3540 VAC 2292 N.Covington Park\3-Planning Connnission c.H ENCINEERIN©, INC. March 3, 2010 City of Fayetteville Planning Commission 113 West Mountain St. Fayetteville, AR 72701 RE: 2292 N COVINGTON PARK—(LOT 134 COVINGTON PARK,PHASE III) UTILITY EASEMENT ENCROACHMENT To Whom It May Concern: Please accept this letter as our official request for a Utility Easement Vacation along the north property line of Lot 134, Covington Park, Phase III. The existing house encroaches into the utility easement approximately 1.2 ft including the overhang, which equates to approximately 33 sf. The exterior wall only encroaches 0.6 ft at the worst point. All utility agencies have granted their approval for the release of this easement area. Thank you for your consideration in this regard. Respectfully, Kipp Hearne,P.E. 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