HomeMy WebLinkAboutOrdinance 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
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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!'
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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'
Petition to vacate a 20' utility easement between lots 9 & 10 of Addison Acres
Subdivision, City of Fayetteville, Arkansas
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned; being all the ownerol''e,k! :i,utdi,,4 r, Z0utl.ic•: eti;a;,r:r,i
hereinafter sought to beabandoned v ca:tt_E, tar::ci':+cic:in !a q r 3i' ci'.Addtcii
Acres Subdivision, City ofFayetteville, itimNip4rJco:p ,,,c1,;,,_tFtii.ntu
vacate said 20' utility easement being de:;ci1.. d a,
LEGAL DESCRIPTION
Commencing at the NE Corner of said lot 10, ii:::: _: t'; ,,r'w ! G V; 1, tl:c nc,: ti
87°56'23"W 10.00 Feet to the P.O.B.thenea ;;;
curve to the left 20.30 Fee'. ,,;,iB u n i ,,; k „ t 1.1: ?' ear,c d eio,Lr
and distance of?'! 10059'2rR 20,?i l':;t, tirencc s h76'2:i" 75.9; NOe'., Llicr:ru
° . 0"W2000
02 19 5 Feet f0 tl ti P.O.;., t't!;i( i !lqq Ir't1.i . -!' -. =se.
[ lr.a the ibuuinr: rats +,rate affected by said abandonment of said 20' utility easement
r:nd that the _":blic iri ec=t and welfare would not be aversely affected by the
a ata:L�nvrrm: ,td,o a ho e described'utility easement.
The petitioners pray that t;.e City a'P;: r<::.c !h. ,'i: a: x,abandon and vacate the
above described real estate, :>>rc iii{at d:s zHov<: deg ,;rth.e read ,:state be used for their
respective fiutherpray that iI above desr.:ii -? rests ;:tr he vested in the abutting
property owners as provided by law.
Whereof, the undersigned petitioners respectfully pray that the governing body of the
City of Fayetteville, Arkansas, abandon and vacate the above described real estate.
Dated this rr
dayof 20ii.
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SCAlE(10 1757 CROSSOVER ROAD, SUITES
l!4Q' 4230 NUNTSVILLE RD. FAYETTEVILLE. ARKANSAS 72701
FAYETTEVLLE, ARKANSAS PH: (478)442-7717
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: -ii-1
Utility Company: A ? '. J.,..
t 1
Applicant Name: 'J" -„t t -4i -.,r,, b+,<.. (1_`,:-r!. j ApplicantPhone: e . "4
REQUESTED 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 location / Address (referring to attached document- must be completed")
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
(x ( No objections to the vacation(s) described nbevc. oN A'TA C14 M E
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:
OSP DE l 1 C-IJC.=J,L
Title
09/14/2011 18:22 FAX 1003
• UTILITY APPROVAL FORM
• POE RIGHT, OF- WAY, ALLEY, ANT)
UTILITY EASEMENT VACATIONS
Date:
Utility Company;
Applicant Name: Appktent Phorw. -73
REQUESTED VACATION (applkimt molt dwck all Untapply).
[,ci Utlity Easement
Right ob waytor aEay or rests and all utility enemanta located within the vacated right-
• °p' of -way.
O Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, dghtobway), described as follows:
Geamal location /Addraa (referring to attashad docameas. musk be completed")
da+orlp fos and gmphta np ttgNgre of utlrat 6 being varoted-910tyEY)
UTILITYC0W COL%MNTS:
No objacfionsto the vaatlon(s) desedbe(j above.
QNo objections to the vacatlon(s) described above, provided following described easements
are raiained (State the location, dbaenlor% end purpose below.)
No objections provided the following conditions are met;
• UTILTTY APPRO VAT, POitM
Pt71t RIGHT- OP • WAY, ALLEY, AND
UTILITY EASHMENT VACATIONS
Date;( •:' 11
Utility Company:
Applicant Name: jIy MMt4P-Whil4JflPpuau..tFhone:"-414, 651 93ZA
REQUESTED VACATION (appllcant must duck all that apply),: ✓
Utility Easement
'Rlght-ot-way for alley or streets and all utility easements located within the vacated right•
of- way,
Alley
Strestsight-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows;
General location / Address (referring to attached document- must be. completed•*)
(ATPAcE.lWn descpdon arulgraphforapreseatatlwt of what is being vacated4wtvEY)
UT11.1TY COMPANY COMMENTS;...
No obJections-to thevapation(s) desorlbed.atiove,
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 aremet:
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date:
Utility Company: (,
Applicant Name:
Phone: 479 ect
REQUESTED 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
OStreet right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location I Address (referring to attached document- must be completed')
(ATTACH Legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
ONo objections to the 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:
Company Represe
Tide
08/24/2011 14:38 FAX i@001
UTILITY AYPROVAT. FORM
FOR RIGFTt. OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
pate: z /
UtfUty Company: (
ppllrattt Namei4i (4,1'j. LU
REQUESTED VACATION (applicant must check aft that apply):
Utility Eaxmmt
Applicant Phone; *-1 Sf-Sn4
ORight-of-way for alley or streets and all utility easements located within the vacated right-
ofway,
Q '°may
Street right-of-way
I have been notified of the petition to va®te the following (alley, easement, right-of-way), described as follows:
Genera! location /Address (rnferdng to attached document, must be completed")
GITPACH legal description and paphk rspresentatfoa of what is befog vacated-gURVEY)
Ut TlIJTY COMPANY OOfl MaS.
No objections to the vacatfon(a) described above.
No objections to the vacation(s) dmcrtbed above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
09/13/2011 TUB 8159 FAX 479 444 3478 C0F Sold Waste
08/24/2011 13:42 FAX
®001/003
Q 001
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: -z
U'tiuty Company: FttflV a.e% 71.J
, ipp11cent Name: y �,g,ZasVi
REQUESTED VACATION (applicant must click all that apply):
Applicant Phone: 4 -fl `s-/- nrz*
'-(I
"YO -1
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 location I Addrus (referring to attached document- must be completed")
{ATTACH ielgat description and graphic representation o/ what is being vacated -SURVEY)
UTILITY COMPANY COIvne ns:
pci No objections to the vacation(s) described above.
No objections to the vacadon(s) described above, provided following described easements
am retained. (State the location, dimensions, and purpose below.)
No objections provided the following condldona are met;
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date; 8'/ 12-1I I
Utility Company:
Applicant Name: CLbhjw Mh1(AicchJW4PPlftant Phone: 47q 6,c -l_5.4 —z4_
REQUESTED 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.
O Alley
P1 Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed")
(ATTACH legal description and graphic representation of what is being vacated-SUR VEY)
UTILITY COMPANY COMMENTS:
No objections to the 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:
Title
AUG-26-2011 FRI 03:53 PM OZARKS ELECTEIC FAX NO. 479 444 0943 P. 02
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: /v/t(
Utility Company:
4-7Q L5x--fl4-
REQUESTED VACATION (applicant must cheat all that apply)
utility Easement
Right-of-way for alley or sheets and all utility easements
of- way.
Alley
Liii Street right-of-way
I have been notified of the petition to vacate the following (alley, easement right-ofi
General location / Address (refening to attached document- must be completed")
(ATTACH legal description and graphic repranentatton of what is being
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided
are retained, (State the location, dimensions, and purpose I
No objections provided the following conditions are met:
within the vacated right -
described as follows:
described easements
t.pWNDALDR
%#9'\
L.
NORTHWEST ARKANSAS DEMOCRATCAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NEVSPAPE16LLC THE MORNINGNA OF ROGSTIMES
NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O. BOX 1607, 727021 479-44&17001 WW .NWANEWS.COM
RECEIVED
AFFIDAVIT OF PUBLICATION
JAN 312012
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance 5474
Was inserted in the Regular Editions on:
January 12, 2012
Publication Charges: $ 77.82
Cathy Wiles
Subscjb d and s} rn to before me
This 1%�day oft' , 2012.
(tary Public
My Commission Expires:
SANDRA E SCHACHESBAUER
BENTON COUNTY
NOTARYPUBUC• ARKANSAS
My Comniceon Eltplres April 15, 2017
Oon,nieelon No, 12980121
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO 5474 " ' y ^U 't"
AN ORDINAL) AS'POVINQ VAC 119870 * ye
Sl'TBITfEO BY.TOsROENSEN'8.`gSSQCIATE5 FOR °' e
--PRF3,P iOL�ATEDAPBDMSIO8HODDLE P@A()A
IN ADD)SOS ACRES TOTAL ION TO VACATE A
UTILITY EASEMENTA TOTAL OF APPROXIMATELY ARKANsas,
Y 5ft SQUARE FEET
` - WHEREAS, the City Councl has the authority under A OA § 1454404 to vacate public
grounds or portions thereof which are not required for corporate purposes and
WHEREAS the City Council has determined that the ld g described po lon of the plat
"$N eri of requiretl for Ger arate'p posR s `a- -11 iY or
No 1 .� A BE rTORDAI�iEDteY THE.&:t ' U
17NCIL OF
Section r1: That the City Council of the City ofFayetteMle A kanses hereby vacate and
abandon the fdlowing platted utilfly easement as described In Exhibit B(atta
��J`,
Sacdon natabepyofth1, abetefi 21edI AsabytheR OliveNorth thuintyand
aflached and labeled Exhibit A shall be filed In the once of the Recorder of the County and
retarded in the Deed Records of lhe.Coupty.`
p.,'j,' That this vacation approval Is sibfect tq the CondM on of Approval and shat not'
be iri effect until the condition.labietherein.
Any damage or relocation of existing uM1SNes shall be at the owner/developees expense.'
dASSED aJflAf;PROYEDJble rd dayof Janu$fl012 Y x::
UO E_TTdOR ,Mayors SONDRAE. SMITH City C tQTreashrorTp=�
Exhibiafor this.,ordinancemay batfewed in the office of the City QIetWTeasur r ;
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.