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HomeMy WebLinkAboutOrdinance 5631I I111111 Illlf l III IIIII IIIII III IIIII Illll RIII IIIII IIIII IIIII IIIINIIII BINIII Doc ID: 015491130003 Type: REL "Ind: ORDINANCE Reecrded: 11/18/YOIS at 10: I0:50 A!1 Fee "'- $25,00 Pape 1 of 3 KylelSylvestercClreult CIark F11a2013-00038330 ORDINANCE NO.5631 AN ORDINANCE APPROVING VAC 13-4493 SUBMITTED BY GRAY ROCK LLC. FOR PROPERTY LOCATED AT 491 EAST FAIRWAY LANE, TO VACATE UTILITY EASEMENTS, A TOTAL OF 0.13 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 platted utility easements are 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 easements 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 51h day of November, 2013 ATTEST: By: SONDRA E. SMITH, City Clerk/TreasA-�'. • " E3: EXHIBIT "A" F p,IR� P`ow. L1 / O J F- • Y vMA) y Q co Ol cc U) y�'soo'3O � _ w ba -- Z 9 .1 EXHIBIT "B" VAC 13-4493 PART OF LOT 5 OF THE MASTERS SUBDIVISION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 5 S89028'00"W 41.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY LINE S89028'00"W 202.04 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE NJ 5000'30"W 51.51 FEET; THENCE N72°00'54"E 20.03 FEET; THENCE S15°00'30"E 31.89 FEET; THENCE N89°28'00"E 174.51 FEET; THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 75.00 FEET, AN ARC LENGTH OF 28.50 FEET, A CENTRAL ANGLE OF 21046'25", AND A CHORD BEARING AND DISTANCE OF S28035'41 "E 28.33 FEET TO THE POINT OF BEGINNING, CONTAINING 5,515.39 SQUARE FEET OR 0.13 ACRES, MORE OR LESS. Washington County, AR I Certify this Instrument was filed On 11118/2013 10:10:50 AM and recorded in Real Estate File Number 3-00038330 Kyle sylve5 er- ircuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/5/2013 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department rag11-111 13-4493: Vacation (491 E. FAIRWAY LN./JARRETT, 680): Submitted by GRAY ROCK, LLC. for property :d at 491 EAST FAIRWAY LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER and contains approximately 1.15 acres. The request is to vacate utility easements on the subject property. Cost of this request Account Number Project Number Budgeted Item Department City Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached i0, "'3s12 Date !a-/�-I-3 Date Yu 0., ajk, -2,61-3 Finance and Internal Services Director Date k 1114/l Chief of Staff / Date M or Date Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office EHi i;U Received in (I Mayor's Office Revised January 15, 2009 rN CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: October 17, 2013 Subject: VAC 13-4493 (491 E. FAIRWAY/JARRETT) RECOMMENDATION THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE The Planning Commission and staff recommend approval of an ordinance to vacate utility easements on the subject property. BACKGROUND The property is located at 491 E. Fairway Lane in the Masters Subdivision on the east side of the Fayetteville Country Club. The property is developed with a single-family residence that was constructed in 2005. A recently completed survey indicates that the home is located within a 25 foot utility easement along the south property. The applicant's request is to vacate a 25 foot utility easement on the south property line and a portion of a 20 foot utility easement on the west property line. On October 14, 2013, 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 13-4493 SUBMITTED BY GRAY ROCK LLC. FOR PROPERTY LOCATED AT 491 EAST FAIRWAY LANE, TO VACATE UTILITY EASEMENTS, A TOTAL OF 0.13 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 platted utility easements are 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 easements 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 APPROVED: an LIONELD JORDAN, Mayor day of , 2013. ATTEST: go SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" l� Lo II o Ling• I n: w f J r �I I IY 1 � F N I w �I r Id 7 wl a bl LO of to F4 ° 'o to l0 a - z W w N I � 5�5 p0 3O J 1 �r� I r p3oV' P�0SCAp/L. VD LoM / p0 (n z EXHIBIT'B" VAC 13-4493 PART OF LOT 5 OF THE MASTERS SUBDIVISION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 5 S89028'00"W 41.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY LINE S89028'00"W 202.04 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE N15000'30"W 51.51 FEET; THENCE N72°00'54"E 20.03 FEET; THENCE S 15°00'30"E 31.89 FEET; THENCE N89°28'00"E 174.51 FEET; THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 75.00 FEET, AN ARC LENGTH OF 28.50 FEET, A CENTRAL ANGLE OF 21°46'25", AND A CHORD BEARING AND DISTANCE OF S28035'41 "E 28.33 FEET TO THE POINT OF BEGINNING, CONTAINING 5,515.39 SQUARE FEET OR 0.13 ACRES, MORE OR LESS. Tayeteville AnKAN SAS PC Meeting of October 14, 2013 I11L CI"1Y OF FAY FTAI..VILIT, ARkANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Qeteb '— , Updated October 16, 2013 125 W. Mountain St. Fayetteville, AR 72701 .phone:(479) 575-8267 VAC 13-4493: Vacation (491 E. FAIRWAY LN./JARRETT, 680): Submitted by GRAY ROCK, LLC for property located at 491 EAST FAIRWAY LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains a total of 1.15 acres. The request is to vacate a utility easement. Planner: Jesse Fulcher Findings: Property Description & Background: The property is located at 491 E. Fairway Lane in the Masters Subdivision on the east side of the Fayetteville Country Club. The property is developed with a single-family residence that was constructed in 2005. A recently completed survey indicates that the home is located within a 25 foot utility easement along the south property. Surrounding land uses are listed in Table 1. Table 1 Surroundinq Land Use/Zoning Direction from Site Land Use Zoning North and East Residential Single-family RSF-4 South Undeveloped RSF-4 West Golf Course RSF-4 Request: The applicant's request is to vacate a 25 foot utility easement on the south property line and a portion of a 20 foot utility easement on the west property line (exhibit attached). Easement Vacation Approval: The applicant has submitted the required easement vacation forms to adjacent property owners and all utility companies with no objections. UTILITIES RESPONSE Ozarks Electric N/A Cox Communications No Objections G:\ETC\Development Services Review\2013\Development Review\13-4493 VAC 491 Fairway/Jarrett\17 Planning Commission\10- 14-2013\Comments and Redlines AEP/SWEPCO No Objections Source Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste N/A Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4493 to the City Council with a recommendation for approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Date: October 14, 2013 Motion: Winston Second: Chesser Vote: 9-0-0 Notes: 10 Forwarded O Denied O Tabled G:\ETC\Development Services Review\2013\Development Review\13-4493 VAC 491 Fairway/Jarrett\I7 Planning Commission\10. 14-2013\Comments and Redlines ray GRAY ROCK, LLC. Civil Engineering and Landscape Architecture p>� 5204 Village Parkway, Suite 11 PMl1 #111 VV Rogers, AR 72758 479.966.4413 October 8, 2013 Jesse Fulcher City of Fayetteville Planning Department Fayetteville, AR 72701 Re: Calvin Jarrett Utility Vacation Fayetteville, AR Jesse, Calvin Jarrett proposes to vacate the utility easement on his southern property line due to the house being accidentally built within the utility easement. He also proposes to vacate a portion of the western utility easement directly behind the residence. The western vacation is requested so that a swimming pool can be constructed in that area. In both instances, there are no existing utilities and all utility companies have agreed to the proposed utility vacations. Thank you, M. Dirk Thibodaux, ASLA, PLA Gray Rock, LLC October 14, 2013 Planning Commission ADM 13-4493 Jarrett Agenda Item 3 Page 3 of 14 PETITION TO VACATE AN (casement) LOCATED IN (lot 5, The Masters Subdivision), CITY OF FAYETTEVILLE,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in lot 5, The Masters Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: (Legal Description to he vacated) That the abutting real estate affected by said abandonment of the easement are lot 5. The Masters Subdivision, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners to be free from the easements of the public for the use of said alley. Dated the 3rd day of September, 2013, D4G rr E / } Calvin 3atzed Signature October 14, 2013 Planning Commission ADM 13-4493 Jarrett Agenda Item 3 Page 4 of 14 Planning/Sidewalk Requirements - Check List Site Address: 491 E !-a-� r ^" k4 l n Date Received: �� 05 L A/P #: 14104 Setbacks: N. - S S. Q5 E. Qa W. 3Q 2• Go into Arc Map to retrieve the following info: • zoning w5 ;� _ fL Plat Page • Parcel Number • Section/Township/Range • SubdivisiorMkise q M • Lot and Block 00 +C • Transportation Zone (TAZ) 3. Pull Plat - Look for utility easements, setbacks and sidew • Does it match final plat? Y l� • Is Property in the Floodplain? N n , Y ❑ N ©/ • Measure Site Plan - Does it Scale? Y V N ❑ • Is street shown on the Site Plan? y C/ N ❑ • Are setbacks and Easements marked? Y Q' N ❑ • Setback meet min and are measured from property line to the overhangs YCd N❑ • Sidewalk Required Y ❑ N ❑ • Sidewalk Measurements • When sidewalk is located on a comer lot, allow 20' for each radius on each sidewalk length, Each radius = 40' 4. Check Height Limit: (No height limit in RSF-4) • Over20' Y❑ N❑ • Setback an additional I'for each foot over 20' 5. Curb Cuts -/ • Minimum of Y off side of property line. Y Gz N ❑ • Min of 40' from intersections (corner lot) Y ❑ N ❑ Enter required info into Hansen on the 1- 2 Family Info Tab. 10"7Tj, 4Wr;5co4vE EVa, O E 51 ,,p`rVTIQTy EVAPOr Oan SOUTH ►25`�+I U 11L (Ty f FRS vnorrr 30 %:T _ 1 _ f � L,1 qs F-AS i EL£CT4 OUT EAS 1 UfIr w ALtj Cf�SI C FT � I�SrnEw 1 7,56Fr OPLO EAsinR i •50 rt-, III =yDF+ UMHY APPROVAL FORM FOR RIGRT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 1 %L 1.,e .�.'_ W I 1 1' of .ill • .I l _93'�ie / REQUESTED VACATIC 'f'. 'Utility Easement ❑ Right -of --way for alley or streets and all utility easements loaatedwghlnthe vacated dgbt= Of -way. q Alley 0 street right-of-way I have been notified of the pelittonto vecets the following (alley, easement, right-cf4ay), described as follows: Genera! location / Address (referring to attached document- must be completed") (.lTTACHlegal deSaVdonand. raphicreprereatoaoxofwhofisbefogvacated- NUR l219 UTILITY COMPANY COMMENTS: 0 No objectioanto the vacation(s) described above. q No objoctions to the vecadon(s) described above, provided foDOW4 described easements are remiued. (state the location, dimensions, and purpose below.) M No objections provided the following eonditions are met: Any damage to or relocation of existing facilities will be at the owners/develoysexyetise. signaiv a of Utility Company Rep five Construction Planner III Tithe ,gegw12a12 Pgge s UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: {%flr�'`�t.1l;tDC0 . APPLICANT NAME: �a Itfi✓I t,2• .,arre-, 4 _ APPLICANT PA ONE: /g_95'7-163I REQUESTED VACATION (applicant must check all that apply): De 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, fight -of --way), described as follows: General location I Address (rreferriogto attached document- must be completed**) ** q 1 LGS7 & r(1n7Ga..I ,Ie (ATTACH legal description and graphic representation oJwhal is being vacated-SURVEij UTILITY COMPANY COMMENTS: 401 No objections to the vacation(&) described above. O 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: G sigro6rc of Utility Company F'4rewntative •tt,t�.�r-- Title .lugmt3012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY. ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: A r Ka-.,,.. sa_f, G APPLICANTNAME: CQIV,vl V'), �ffE-I-E APPLICANT PHONE, / REQUESTED'VACATION (applfcm f=W check aff &W appt3): �.. unty Emmet ❑ Right of-vay for alley ar streets and all utility easements locatedvvWathe vacatedrigbt- of- way. ❑ Alley ❑ -SheetrW-o: way I have been notified ofthe petition to vacate the following (aliU} em meA Hgh7wf way), described as feEows: General location /Address (rebningto attached d000meat- mustbe completed-'} (ATTACHfegal deaerfpffan—ddgrap)dc repreeenfaffon of what£s bebtgvaeateS-SURYEV UTILITY COMPANY COMMENTS: ✓ \ No objections to the vacad o(s) described above. ❑ No objections to the vacelion(s) described abovq provided following desedbedmoments are retained. (State the location, dimensions, andpatpose below.) ❑ No objections provided the fallowing conditions am met; Mgnetute of Utility Company Representative Title 6mgmi=2 Page 5 UTUM APPROVAL FORM FOR RIGHT- OF- wAY, ALLEY, AND . UTILITY EASEMENT VACATIONS UTILITY COWANY: arki l 1� APPLICANT NAME: ��_iv", 1�. .`nr(7sT'rs APPLICANT PHONE: 83� REQUESTED VACATION (appNcant mast check 98 dme apply): j/. Utility Easement ❑ Right-of-way. for alley or streets and all utility easements located within the vacated right- o€ way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, riglu-of-way), described as follows: General location / Address (referring to attached document- must be completed") 00 j A rN (AITACHlegal derulpdon andgraphtc representodon of what is being vacated -SURVEY) UTILITY COWANY CONDAENTS: No objections to the vacation(s) described above. No objectons to the vacation(s) described above, provided following described easements ere retained. (State the location, dimensions, and purpose below.) in, No objections provided the following conditions are met: Signature ofUtdity Company Representative OSP OESIGN El )C I NCR Title Avgwr1011 Page S UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS „-DATE:_ Starke %ber 3342OI L-----..._ UTILITY COMPANY: k(&+er 41 --e& er- APPLICANT NAME: CGIJivI �• .�aifYE-�+ APPLICANTPHONE: REQUESTED VACATION (applicant must chick all that apply): fIc, 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 ofthe petition to vacate the following (alley, easement, right-of-way), described as follows: General location l Address (referring to attached document- must be completed") (ATTACHlegal description artdgraphic representation of what Is being vacated-SURVL I) 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 fallowing conditions are met: of Utility Coppany Representative Al.`t,es Cr7a,NP.Pf Title Avgwt2012. Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: i' APPLICANT NAME: (/ a lyi'✓5 P7. . APPLICANt' PHONE::5 /p -!T,D 163 / REQUESTED VACATION (appileani mast check all that apply): ja(, Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- o€ 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 Address (referring to attached document- must be completed") •• ! a LGne 970/ (ATTACH legal description andgraphic representation of what is being vacated-SURVE1) 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 Aagwt 2012 Page 5 VAC13-4493 JARRETT Close Up View II _ •II 5 I - r r - i SUBJECT PROPERTY — Legend ............ Multi -Use Trail (Existing) Future Trails Fayetteville City Limits LMQjvVAG1 - Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di 3trict 0 75 150 300 450 600 ------ Planning Area Feet NORTHWEST ARKANSAS DEMOCRATSVETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE N�:WSPAPERSLLC THE NORTH ESTNG ARK OF ROGERARKANSAS NORTHWEST ARKANSAS LIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE. FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607. 72702 1479442-17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, 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 5631 Was inserted in the Regular Editions on: November 14, 2013 Publication Charges: $ 116.73 auj-'� Holly Andrews Subscribed and sworn to before me This ?,0 day of )'V:)-/ 2013. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED NOV 2 6 2013 CITY OF FAYETTEVILLE CITY CLERKS OFFICE