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Home My WebLink AboutOrdinance 5456 Doe ID: Type: REL Kind: ORDINANCE Recorded: 11/21/2011 at 02:34:03 PM Fee Amt: $25.00 Paae 1 of 3 Washinaton Countv. AR Bette Stamps Circuit Clerk File2011-00032406 ORDINANCE NO. 5456 AN ORDINANCE APPROVING VAC 11-3944 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT 3670 LALIQUE LANE TO VACATE A UTILITY EASEMENT, A TOTAL OF APPROXIMATELY 150 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 subject to the following Condition of Approval and shall not be in effect until the condition is met. "Any damage or relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 1s`day of November, 2011. :�• gm I 8� APPROVED: ATTEST: FAME mug, �---- By: r ONE J RDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer 1 N�x J J J J J J , 1 U ID O � ,SE£N M EZf£oZ0 S �, F `'srs f�s i ^ i � t!, � •d • � of I o V 1 I ;:Z �I qt +ui 71 F (0Of OU J r Q U O Of a w 'f 0 o ao S y> z r` � 4 O w gz : Lj aL z N aw wo n .Y'61 v F- >t74,q'1n�F,N ,HCCB'9„fZ,ECo20 N MRI Q O cue U min,) �_ z z �U�v rn u q O r fo Y 0 O w f]TInJ EXHIBIT "B" VAC 11-3944 A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MOR PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87028'00"E 25.00' AND NO2033'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE NO2033'23"E 2.50' THENCE S87028'00"E 60.06', THENCE S02°33'23"W 2.50', THENCE N87028'00"W 60.06' TO THE POINT OF BEGINNING. Washington County,AR I certify this instrument was filed on 11/21/2011 02:34:03 PM and records Real Estate File PjurpDer 011-00032406 Bette mps-Ci it Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/1/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 11-3944: Vacation (3670 N. Lalique Ln./VPR Investments, 169): Submitted by BATES AND ASSOCIATES for property located at 3670 NORTH LALIQUE LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. The request is to vacate a portion of a utility easement. 5 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 �lWr rG�ikt" Jp.la9An Previous Ordinance or Resolution# Departmen irector Date 1 Original Contract Date Original Contract Number: C11&61ney Date 2e u Finance and Internal Services Director Date Received in City ..- `- ? i !' Clerk's Office Chief of Staf Date £ Ten Received in Mayor's Office Ma;or Dale Comments- Revised January 15, 2009 dvel aye e THE CITY OFFAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council ��QQ Thru: Jeremy Pate, Development Services Directo1` From: Andrew Garner, Senior Planner Date: October 12, 2011 Subject: VAC 11-3944 (VPR Investments Easement Vacation) RECOMMENDATION Planning Staff and the Planning Commission recommend approval of an ordinance vacating a portion of a utility easement. BACKGROUND The subject property is located in the Belclaire subdivision at 3670 Lalique Lane. On March 16, 2011 a building permit was approved to construct a house on the property. A survey prepared in August 2011 prior to completion of the home revealed that the southern portion of the home encroaches 2.5 feet into a utility easement that runs along the southern property line. The applicant's request is to vacate a portion of the existing utility easement to accommodate the recently constructed home, as indicated on the attached survey. Everything for the home has been inspected; however, the final certificate of occupancy has not been issued,pending approval of this vacation request. During a typical single family building permit application review, the permit clerk compares the submitted site plan to the recorded final plat to check for setbacks, easements and other known building issues. The easement was noted in the review for this home. During this particular building permit review there were apparently three or four revisions to the site plan submitted prior to the City issuing the permit, with the house changing footprint and location on the lot. The final permitted site plan (attached) correctly shows a 10-foot side utility easement, but along the north property line when it should have been shown along the south property line. The site plan was reviewed and permitted correctly except for this easement location. The home was built as permitted. The utility companies have indicated no objections or conditions to the request; all utilities are installed, and none exist within the easement. DISCUSSION On October 10, 2011, the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 7-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3944 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT 3670 LALIQUE LANE TO VACATE A UTILITY EASEMENT, A TOTAL OF 150.15 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 subject to the following Condition of Approval and shall not be in effect until the condition is met herein. "Any damage or relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this day of 12011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Y �(i V� o ", Sb wswO7 l O f O O -NfffN M AUf.,Zo S >, I- sls-n,sl l' i i I Ll r 1 o C7l _ A ZI :, l N ul N _ I toI I--• Q' I b ml _j I Q wl to U � Ip !9 � N b Ui � lo, rL I wad a of j 3 W l z Zw y m I L � z o W LQl a�LU w d 10 w O ,c'z .I'Z ,rzt W � s ^ >'6f l F 'f9 F j LN esHst - - -,.. _ J o , s � _ � =W O. q,OH _ NWutoi5.p a %Vzl QO U ,NCi'N"7.,4Z.CfoZo V , + ONO.) rn � eani a' V [iV rn 3NV I7flOrly f i – _— 71,1 O z b w C J— NNIIJ -�fRlf IJ EXHIBIT "B" VAC 11-3944 A PART OF LOT 34 IN BELCLAIRE ESTATES SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MOR PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87028'00"E 25.00' AND NO2033'23"E 7.50' FROM THE SOUTHWEST CORNER OF SAID LOT 34 AND RUNNING THENCE NO2033'23"E 2.50' THENCE S87028'00"E 60.06', THENCE S02°33'23"W 2.50', THENCE N87°28'00"W 60.06' TO THE POINT OF BEGINNING. Sca{e PLOT PLAN Belclaire Estates 1 ` Fayetteville, AR 3�`i0 'V �, ,=QU,e Lv11 ADR Homes by Roth n _ 20' ADDRESS 4S August 22, 2010 PERM1'# Revised: Sept 16, 2010 CAN57RUCiiONCONFORMSTOSITED G Revised: March 3, 2011 SU FOR APPROVAL AN SE CKS A800T VIOLATED 3rd Revision: March 4, 2011 P CANT BUI ING OFFICI DATE I FAYETTEVILLE BUILDING SAFETY&PLANNING DIVISION M5P-ROW T 20 f 13B' i m o 0 1..........i. .1P .11 IT' ........ ku TL F 2 a Y 2T°d LOT 34 J d T ........J Ri N Q m m r m m vw>r i 1 icda-z-a�I �20A I .' � ry texr.vxwe • ...,; - ve axes 12' 4'+4' rt' m Front Setback 25' - - Side Setback 8' Rear Setback 20' HAP TaTelt� vile PC Meeting of October 10, 2011 KANSAS THE CITY OF FAYETTEVILLE, 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: ^ern Updated October 12, 2011 VAC 11-3944: Vacation (3670 N. LALIQUE LNJVPR INVESTMENTS, 169): Submitted by BATES AND ASSOCIATES for properties located at 3670 NORTH LALIQUE LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acre. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Property Description and Background: The subject property is located in the Belclaire subdivision at 3670 Lalique Lane. On March 16, 2011 a building permit was approved to construct a house on the property. A survey prepared in August 2011 revealed that southern portion of the home encroaches 2.5 feet into a utility easement that runs along the southern property line. Request: The applicant's request is to vacate a portion of the existing utility easement to accommodate the recently constructed home, as indicated on the attached survey. The applicant has submitted the required easement vacation 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 Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3944 to the City Council with a recommendation for approval subject to the following conditions: 1. Any damage or relocation of utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Reauired PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: October 10, 2011 Motion: Earnest Second: Cook Vote: 7-0-0 Note: On consent agenda.