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HomeMy WebLinkAboutOrdinance 5534 i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 Doc ID: 014856990003 Type: REL 'in" " Recorded: 10/23/2012 at 01:16:50 PM Fee Amt: $25.00 Paaa 1 of 3 Washington County. AR Bette Stamps Circuit Clerk File2012-00032236 ORDINANCE NO. 5534 AN ORDINANCE APPROVING VAC 12-4199 SUBMITTED BY ALAN REID AND ASSOCIATES FOR PROPERTY LOCATED AT 2864 NORTH PRINCE WILLIAM DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 9.26 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 casement 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 2nd day of October,2012. APPROVED: ATTEST: By: / By: � /� `1lunuugq,� LIO ELD JO N,Mayor SONDRA E. SMITH, City Clerk/Treasu`WN,RK/ T Rf�9*i�i Y =�:FAYETTEVILLE' EXHIBIT "Awl % �•�% ƒ § \ � ° dx 2 / y , `�� \\\A 3 , 2 } [ - \ \ \ \ \ \\ T,J \\ \\\\\}\ 011 'm , ,: , . : / c }j\j / \ / \\\\ � � } � FT � `�- »// `/ } :\ ^ \ . Alan R§ «o r> ) a © ARA zvv , rvav: Az a» SCALL` 2, EASEMENT VACATION z \ 24 EXHIBIT "B" VAC 12-4199 DESCRIPTION OF EASEMENT ENCROACHMENT A PART OF LOT NUMBERED THIRTY-EIGHT(3 8)IN BLOCK NUMBERED TWO(2)OF QUAIL CREEK SUBDIVISION, PHASE II,TO THE CITY OF FAYETTEVILLE,ARKANSAS,AS SHOWN ON THE PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 12 AT PAGE 96 OF THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT THIRTY-EIGHT(38), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N45006'02"E 87.14 FEET ALONG THE NORTH LINE OF SAID LOT THIRTY-EIGHT(38)TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID LOT THIRTY-EIGHT(38), S44°53'58"E 22.00 FEET TO THE INTERSECTION OF THE NORTH AND WEST ROOF OVERHANGS OF THE EXISTING HOUSE(GARAGE)FOR THE TRUE POINT OF BEGINNING; THENCE S89°48'52"E 4.29 FEET ALONG THE NORTH ROOF OVERHANG TO A POINT ON THE 25 FOOT WIDE BUILDING SETBACK&UTILITY EASEMENT LINE; THENCE S45°06'02"W 6.11 FEET ALONG SAID SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE WEST ROOF OVERHANG; THENCE N00°28'17"E 4.32 FEET ALONG THE WEST ROOF OVERHANG TO THE POINT OF BEGINNING, CONTAINING 9.26 SQUARE FEET, MORE OR LESS. Washington County,AR I certify this instrument was filed on 10/23/2012 01:16:50 PM and recorded in Real Estate File Number 2012-00032236 Bette Stamps- Circuit Clerk by X 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 12-4199: Vacation (2864 N. PRINCE WILLIAM DR./COOPER, 250): Submitted by ALAN REID AND ASSOCIATES for property located at 2864 NORTH PRNCE WILLIAM DRIVE. The property is zoned RT-12, RESIDENTIAL TWO AND THREE FAMILY, and contains 0.28 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 04 9//q / Previous Ordinance or Resolution# Department Director Date / Original Contract Date: 9117(rz Original Contract Number: City Att (Q� ( Date Finance and Internal Services Director Date Received in City Clerk's Office Chief of S ff Date ��,,, Received in � i7°� Mayor's Office or Dale Comments' Revised January 15,2009 �ay7e eve 1e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS Drg CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff A&-� Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner 1,17 Date: September 14, 2012 Subject: VAC 12-4199 (2864 N. Prince William Drive/Cooper) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a utility casement. BACKGROUND The subject property is located at 2864 Prince William Drive, is zoned RT-12, and is utilized for a single family dwelling. A recent survey indicates that the northwest portion of the garage that was constructed in 2001 encroaches onto the 25 foot wide utility easement which fronts on 2864 Prince William Drive. Request: The applicant's request is to vacate approximately 9.26 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 12-4199 SUBMITTED BY ALAN REID AND ASSOCIATES FOR PROPERTY LOCATED AT 2864 NORTH PRINCE WILLIAM DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 9.26 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 12012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "All Puj� om LL LL r ILI Ll ml IL 0 0 -T]'I ILI I 1 11 ILI I " I T I > I L< 11 Ll ILI LI oIL I RF VSIONS IuAl 11N1ry nea [3AT7 M SCRIP ON ARA Ndii I 1pid llr urns Pav 4RKMLL�� /�/O,� Cli[C�ED FA��FTIVU F �EASEMENT VACATION EXHIBIT `B" VAC 12-4199 DESCRIPTION OF EASEMENT ENCROACHMENT A PART OF LOT NUMBERED THIRTY-EIGHT(3 8)IN BLOCK NUMBERED TWO(2)OF QUAIL CREEK SUBDIVISION, PHASE II,TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 12 AT PAGE 96 OF THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT THIRTY-EIGHT(38), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N45006'02"E 87.14 FEET ALONG THE NORTH LINE OF SAID LOT THIRTY-EIGHT(38)TO A POINT;THENCE LEAVING THE NORTH LINE OF SAID LOT THIRTY-EIGHT(38), S44°53'58"E 22.00 FEET TO THE INTERSECTION OF THE NORTH AND WEST ROOF OVERHANGS OF THE EXISTING HOUSE(GARAGE) FOR THE TRUE POINT OF BEGINNING; THENCE S89°48'52"E 4.29 FEET ALONG THE NORTH ROOF OVERHANG TO A POINT ON THE 25 FOOT WIDE BUILDING SETBACK&UTILITY EASEMENT LINE; THENCE S45°06'02"W 6.11 FEET ALONG SAID SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE WEST ROOF OVERHANG; THENCE N00°28'17"E 4.32 FEET ALONG THE WEST ROOF OVERHANG TO THE POINT OF BEGINNING, CONTAINING 9.26 SQUARE FEET,MORE OR LESS. • aye evlle 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 Gamer, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: - ,..�, be 4, 241-2 Updated September 14, 2012 VAC 12-4199: Vacation (2864 PRINCE WILLIAM DR./COOPER, 250): Submitted by ALAN REID AND ASSOCIATES for property located at 2864 PRINCE WILLIAM DR. The property is zoned RT-12, RESIDENTIAL TWO AND THREE FAMILY and contains approximately 0.28 acres.The request is to vacate a portion of a utility easement. Planner: Andrew Garner Findings: Property Description and Background: The subject property is located at 2864 Prince William Drive, is zoned RT-12, and is utilized for a single family dwelling. A recent survey indicates that the northwest portion of the garage that was constructed in 2001 encroaches onto the 25 foot wide utility easement which fronts on 2864 Prince William Drive. Request: The applicant's request is to vacate approximately 9.26 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 AEP/SWEPCO No Objections Ozarks Electric Cooperative No Objections Cox Communications No Objections Source Gas No Objections AT&T No Objections GA\ETC\Development Services Review\2012\Development Review\12-4199 VAC 2864 Prince Williams\03 Planning Commission\9- 10-12 PC fotwarded\Comments and Redlines 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 12-4199 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: GAETC\Development services Review\2012\Development Review\12-4199 VAC 2864 Prince Williams\03 Planning Commission\9- 10-12 PC fotwarded\Cotnments and Redlines A 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,John Cooper,I am submitting for your review,a proposed Utility Easement Vacation for County Parcel 765-18562-000.The Northwest comer of the garage encroaches onto the twenty-five(25)foot wide utility easement which fronts on 2864 Prince William Drive.The area to be vacated is 9.26 square feet.If you should have any questions,please feel free to contact me at 444.8784. S" cerely, J(A Reid Professional Land Surveyor Arkansas Registration 1005 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 arasurveying@sbcglobal.net