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Home My WebLink AboutOrdinance 5533 REL Doe Kind: ORDINANCE Pecoraed.e A $25/00/20"2 i85698000:tof1315:39 PM Washimtt COunt, AR 811@2012 00032235 ORDINANCE NO. 5533 AN ORDINANCE APPROVING VAC 12-4198 SUBMITTED BY ALAN REID AND ASSOCIATES FOR PROPERTY LOCATED AT 5439 MAYWOOD DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 477 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 utility easement 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 relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 2 day of October , 2012. APPROVED: / ATTEST: 7• By: (�—.—`By: ELD AN, Mayor SON RA E. SMITH, City Clerk/Treasu 11"11111"'j, �F�ERK r, E :EAYETTEVILLE.A— ��z: 5 B ANSP �"i111u11�U EXHIBIT "A" N 67t, - rr c 8 � la � 1 Cy �N NORiH — I% 1/6 B5 No w ® o mu 1 m m AIm s REVISIONSn �]n �� WAN DRAIIsMAN 4an N ARAOATC DESCRIPTIOpY Ahs ILld oni[ a�ju/miz nr 5439 MAVW00D ROAD a nssaanres Ff1YhlX "I" ANKAN.OlS 0!70311:0791 cerrxiu EASEMENT VACATION EXHIBIT `B" VAC 12-4198 DESCRIPTION OF EASEMENT ENCROACHMENT A PART OF LOT NUMBERED NINE(9), OVERTON PARK,A SUBDIVISION TO THE COUNTY OF WASHINGTON,ARKANSAS,AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23 AT PAGE 131, PLAT RECORDS OF WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT NINE(9), SAID POINT BEING AN EXISTING IRON REBAR;THENCE WEST 53.74 FEET ALONG THE NORTH LINE OF SAID LOT NINE(9)TO A POINT;THENCE LEAVING THE NORTH LINE OF SAID LOT NINE(9), SOUTH 10.40 FEET TO THE INTERSECTION OF THE NORTH AND EAST ROOF OVERHANGS OF AN EXISTING HOUSE(GARAGE)FOR THE TRUE POINT OF BEGINNING; THENCE S00007'45"E 14.59 FEET ALONG THE EAST ROOF OVERHANG TO A POINT ON THE 25 FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE;THENCE WEST 57.03 FEET ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE WEST ROOF OVERHANG OF THE EXISTING HOUSE; THENCE N00°09'35"W 4.03 FEET ALONG AND IN LINE WITH SAID WEST ROOF OVERHANG TO A POINT; THENCE N89°52'15"E 33.71 FEET TO A POINT ON THE WEST ROOF OVERHANG OF THE GARAGE; THENCE N00007'45"W 10.43 FEET TO THE INTERSECTION OF THE WEST AND NORTH OVERHANG OF SAID GARAGE; THENCE N89°52'15"E 23.32 FEET ALONG THE NORTH ROOF OVERHANG OF SAID GARAGE TO THE POINT OF BEGINNING, CONTAINING 476.76 SQUARE FEET, MORE OR LESS. Washington County, AR 1 :15:39 PMs filed on 10/2312012 01 and recorded in Real Estate File Number 2012-00032235 Bette Stamps-Circuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/2/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 12-4198: Vacation (5439 MAYWOOD DR./WIN, 219): Submitted by ALAN REID AND ASSOCIATES for property located at 5439 MAYWOOD DRIVE. The property is in the PLANNING AREA, and contains 0.75 acre. The request is to vacate a portion of 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 0M Al, 9/14112— Previous Ordinance or Resolution# Department Director Date Original Contract Date: ✓tom Original Contract Number: City Att y Date -nn. Finance and Internal Services Director Date Received in City Clerk's Office Chiefof ff Date Received in Mayor's Office M yor Comments: Revised January 15,2009 a e ddIe THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner �g Date: September 14, 2012 C/ Subject: VAC 12-4198 (5439 Maywood Drive/Win) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a utility easement. BACKGROUND The subject property is located at 5439 Maywood Drive in the Fayetteville Planning Area and is utilized for a single family dwelling. A recent survey indicates that a portion of the garage and house that was constructed in 2006 encroaches onto the 25 foot wide utility easement which fronts on 5439 Maywood Drive. Request: The applicant's request is to vacate approximately 477 square feet of easement. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with no objections. DISCUSSION On September 10, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 12-4198 SUBMITTED BY ALAN REID AND ASSOCIATES FOR PROPERTY LOCATED AT 5439 MAYWOOD DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 477 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 utility easement 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. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" Ik I a M. uj MT k , r l S - N o Q 11 (3 el 0 • i 11 M MM 7 M Rt VI SIGNS oanrrsww nen nRA Aldi Reid °� ", Doll or scai�noN ov ��E u]LZ V9oV s 5439 MA'/IN000 KGAD AYf I Il VIIIII,C, ANKANW, ///U 5 rcv30 — r. ,»a sct EASEMENT VACATION s'E_ 11/L a, �� EXHIBIT "B" VAC 12-4198 DESCRIPTION OF EASEMENT ENCROACHMENT A PART OF LOT NUMBERED NINE(9), OVERTON PARK, A SUBDIVISION TO THE COUNTY OF WASHINGTON, ARKANSAS,AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23 AT PAGE 131, PLAT RECORDS OF WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT NINE(9), SAID POINT BEING AN EXISTING IRON REBAR; THENCE WEST 53.74 FEET ALONG THE NORTH LINE OF SAID LOT NINE(9)TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID LOT NINE(9), SOUTH 10.40 FEET TO THE INTERSECTION OF THE NORTH AND EAST ROOF OVERHANGS OF AN EXISTING HOUSE(GARAGE)FOR THE TRUE POINT OF BEGINNING; THENCE S00007'45"E 14.59 FEET ALONG THE EAST ROOF OVERHANG TO A POINT ON THE 25 FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE; THENCE WEST 57.03 FEET ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE WEST ROOF OVERHANG OF THE EXISTING HOUSE; THENCE N00°09'35"W 4.03 FEET ALONG AND IN LINE WITH SAID WEST ROOF OVERHANG TO A POINT; THENCE N89'52'1 5"E 33.71 FEET TO A POINT ON THE WEST ROOF OVERHANG OF THE GARAGE; THENCE N00007'45"W 10.43 FEET TO THE INTERSECTION OF THE WEST AND NORTH OVERHANG OF SAID GARAGE; THENCE N89°52'15"E 23.32 FEET ALONG THE NORTH ROOF OVERHANG OF SAID GARAGE TO THE POINT OF BEGINNING, CONTAINING 476.76 SQUARE FEET, MORE OR LESS. • aye evl le PC Meeting of September 10, 2012 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: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 4,-201-2-Updated September 14.2012 VAC 12-4198: Vacation (5439 MAYWOOD DR./WIN, 219): Submitted by ALAN REID AND ASSOCIATES for property located at 5439 MAYWOOD DR. The property is in the Planning Area and contains approximately 0.75 acres. The request is to vacate a portion of a utility casement. Planner: Andrew Garner Findings: Property Description and Background: The subject property is located at 5439 Maywood Drive in the Fayetteville Planning Area and is utilized for a single family dwelling. A recent survey indicates that a portion of the garage and house that was constructed in 2006 encroaches onto the 25 foot wide utility easement which fronts on 5439 Maywood Drive. Request: The applicant's request is to vacate approximately 477 square feet of easement. Easement Vacation Approval: The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the results summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Source Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections G:\ETC\Development Services Review\2012\Developnent Review\12-4198 VAC 5439 Maywood\03 Planning Commission\9-10-12 PC forwarded\Comments and Redlines Transportation No Objections Solid Waste No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 12-4198 to the City Council with a recommendation for approval subject to the following condition: 1. Relocation of or damage to any existing utilities will be at the owner's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: September 10, 2012 Motion: Cook Second: Chesser Vote: 9-0-0 Notes GAETCOevelopment Services Review\20120evelopment Review\12-4198 VAC 5439 Maywood\03 Planning Commission\9-10-12 PC forwarded\Comments and Redlines ARA Alan Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS August 15,2012 City of Fayetteville Planning&Engineering 125 W.Mountain St. Fayetteville,Arkansas 72701 Dear Planners, On behalf of my client, See Win,I am submitting for your review,a proposed Utility Easement Vacation for County Parcel 366-00009-000.A portion of the garage and house encroaches onto the twenty-five(25)foot wide utility easement which fronts on 5439 Maywood Road. The area to be vacated is 476.76 square feet. If you should have any questions,please feel free to.contact me at 444.8784. Sincerely, n Al Reid Professional Land Surveyor Arkansas Registration 1005 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 ar•asurveying@sbcglobal.net