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Home My WebLink AboutOrdinance 5474 Doc ID: 014400850003 Type: REL Kind: ORDINANCE Recorded: 01/24/2012 at 03:25:17 PM Fee Amt: $25.00 Pace 1 of 3 Washlnoton Countv. AR Bette stamps Circuit Clerk File2012-00002073 ORDINANCE NO. 5474 AN ORDINANCE APPROVING VAC 11-3970 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT 862 & 846 HODDLE PLACE IN ADDISON ACRES SUBDIVISION TO VACATE A UTILITY EASEMENT, A TOTAL OF APPROXIMATELY 1,500 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 vacate and abandon the following platted 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 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 3rd day of January, 2012. APPROVED: ATTEST: ,.aGvER . �lsG, Y OF By: By: ��'w�AiLa� IO ELD J AN,Mayor SONDRA E. SMITH, City Clerk/Treasfrer;FAYETIEVI LLE e ZZs TWA °-9RKANqsP A EXHIBIT "A" sp6 554 ma). ¢ 8 �C-♦ i E � \` "� 3p�a a k� $ E] �3yb¢ ��%gyp ..�,.., ♦. ♦� ♦ ,�� j ��\ d i �♦ ♦ I,I i d7R V ,is lil � '�I N I� I ii I r, k. fir I llllfglp !I � { I ��9 B Ijl � - 1'I f( .Wa72 13'i� If li +:. Afa vuelw•2 w'hi'r sem. rrr�nnw p7 s SHEE7E: SHEET• SM PLAN DATE; REHGM Consultants, Ino. Raecr ADDISON ACRES Rai. 7°T CRos2ovER RDAD,auDEsHG4290 HVNISMUE RD, R EEFAYET2EV21.EARKANSAS 72201 FAYEREV14G1:,AWMSAS ESSWEPM:H1oN+2."12 1° EXHIBIT `B" VAC 11-3970 COMMENCING AT THE NE CORNER OF SAID LOT 10, THENCE S02°19'50"W 10.00 FEET, THENCE N87°56'23"W 10.00 FEET TO THE P.O.B. THENCE N87°56'23"W 76.60 FEET THENCE ALONG A CURVE TO THE LEFT 20.30 FEET SAID CURVE HAVING A RADIUS OF 83.00 FEET AND A CHORD BEARING AND DISTANCE OF N10059'21"E 20.25 FEET, THEN S87056'23"E 73.55 FEET, THEN S02°19'50"W 20.00 FEET TO THE P.O.B.; CONTAINING 1,493 S.F. MORE OR LESS Washington County,AR I certify this instrument was filed on 01/24/2012 03:2517 PM and recorded in Real Estate File Number 2012-00002073 Bette St it Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1/3/2012 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 11-3970: Vacation (862 &846 Hoddle Place/Slavens, 569): Submitted by JORGENSEN &ASSOCIATES for property located at 862 &846 HODDLE PLACE IN ADDISON ACRES SUBDIVISION. The property is zoned RSF-7, RESIDENTIAL SINGLE-FAMILY, 7 UNITS PER ACRE. The request is to vacate 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 - �&• 11 10,lu I Previous Ordinance or Resolution# Department Dlr nr n Original Contract Date: Original Contract Number: City Atlore Date `-P A A •;0-;oli Finance and Internal Services Director Date Received in Cir Clerk's Office Chief of St Qate Received in Mayor's Office A/ 1 Ma cr Dale Comments: Revised January 15, 2009 SayetLdoi& THE CITY OFFAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Dara Sanders, Current Planner Date: December 20, 2011 Subject: VAC 11-3970 (Slavens) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate an existing general utility easement on the subject property. BACKGROUND The subject properties are located in the Addison Acres subdivision at 846 and 862 Hoddle Place, north of Huntsville Road/Highway 16. Since this subdivision was platted in 2007 with 18 buildable lots, seven single- family homes have been constructed to date. The applicant's request is to vacate an existing utility easement, as indicated on the attached survey. This utility easement is located between Lots 9 and 10 and currently does not contain any utilities. Instead, all utilities serving this and adjacent properties are located within the 25 ft. utility easement that was dedicated along both sides of Hoddle Place. DISCUSSION On November 14, 2011, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3970 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT 862 & 846 HODDLE PLACE IN ADDISON ACRES SUBDIVISION TO VACATE A UTILITY EASEMENT, A TOTAL OF 0.57 ACRES 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 vacate and abandon the following platted 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 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 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A!' ' ` � i'i� 'IRK Its � N ;dill dp ' IijI . li,f •�� ,� it II'E :t 3 .�m= !« f UN.41 VIC nl i. � �• wnnry ' wnwmw FFal ENEEF IR SHEET: am PLAN MIE: 1 PROJECTREvsaHr. a HGM Consultants, Inc. CAM ADC ACRES PSR,.N« 1767CR099pYERROAD,ala1E5 HGM 4730HUNTSMARD. LNLNNEER:A00 FAYEfIEVaJ.E.ARNANSA47t101 FAYETTEVRIF.ARIGNRAS > ONER:EDL PH:L479H42•7117 �� EXHIBIT "B" VAC 11-3970 COMMENCING AT THE NE CORNER OF SAID LOT 10, THENCE S02°19'50"W 10.00 FEET, THENCE N87056'23"W 10.00 FEET TO THE P.O.B. THENCE N87056'23"W 76.60 FEET THENCE ALONG A CURVE TO THE LEFT 20.30 FEET SAID CURVE HAVING A RADIUS OF 83.00 FEET AND A CHORD BEARING AND DISTANCE OF N10059'21"E 20.25 FEET, THEN S87°56'23"E 73.55 FEET, THEN S02°19'50"W 20.00 FEET TO THE P.O.B.; CONTAINING 1,493 S.F. MORE OR LESS aye ev* le PC Meeting of November 14, 2011 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: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: November 7, 2011 VAC 11-3970: Vacation (862 & 846 HODDLE PLACE/SLAVENS, 569): Submitted by JORGENSEN & ASSOCIATES for properties located at 862 & 846 HODDLE PLACE IN ADDISON ACRES SUBDIVISION. The property is zoned RSF-7, RESIDENTIAL SINGLE-FAMILY, 7 UNITS PER ACRE and contains approximately 0.57 acre. The request is to vacate a utility easement. Planner: Dara Sanders Property Description and Background: The subject properties are located in the Addison Acres subdivision at 846 and 862 Hoddle Place, north of Huntsville Road/Highway 16. Since this subdivision was platted in 2007 with 18 buildable lots, seven single-family homes have been constructed to date. Request: The applicant's request is to vacate an existing utility easement, as indicated on the attached survey. This utility easement is located between Lots 9 and 10 and currently does not contain any utilities. Utilities are located within 25 ft. utility easement that was dedicated along both sides of Hoddle Place. 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 Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3970 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: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: November 14, 2011 Motion: Second: Vote: Note: fNJORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE,SUITE 5 . FAYETTEVILLE,ARKANSAS 72703 (479)442-9127 . FAX(479)582-4807 DAVID L.JORGENSEN,P.E.,P.L.S. JUSTIN L.JORGENSEN,P.E. BLAKE E.JORGENSEN,P.E. City of Fayetteville 9/22/11 113 W. Mountain Str Fayetteville, AR 72701 Art; Planning Re : Vacation Request Attached please find a utility easement vacation request. This is located along the property line between lot 9& 10 of Addison Acres Subdivision just North of Hwy 16 East. There are no utilities in this easement and our client owns both lots 9 & 10. All utilities have signed off on this vacation. Please place this on the next available Planning Commission agenda. Also please call concerning any questions you may have. Thank you. Sincerely; David L. gensen, . PUBLIC WORKS'LAND DEVELOPMENT'WATER SYSTEMS'WASTEWATER SYSTEMS'LAND SURVEYING'