HomeMy WebLinkAboutOrdinance 5241 llffl!lllllllllll!!lllllllllllllllllf J1!!Illllfllllll!lllfllll!llll!!llflllllfll
Doc ID: 012925920003 Type: REL
Kind: ORDINANCE
Recorded: 06/22/2009 at 11:12:12 AM
Fee Amt: $25.00 Paqe 1 of 3
Washington Countv. AR
Bette 5tamas Circuit Clerk
File2009_00019375
ORDINANCE NO. 5241
AN ORDINANCE APPROVING VAC 09-3255 SUBMITTED
BY ALAN REID FOR PROPERTY LOCATED AT 3570
JASPER LANE, LOT 9 OF THE COPPER CREEK
SUBDIVISION TO VACATE A 34 SQUARE FOOT PORTION
OF THE DRAINAGE EASEMENT IN THE REAR OF THE
PROPERTY
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 34 square foot
portion of the platted drainage 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 34 square feet of drainage easement as described in Exhibit B (attached).
Section 2: 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 owner's continuing agreement
that any necessary relocation of drainage structures caused by this vacation will be Al the expense
of the owner.
o6 �
��o •cn�
PASSED and APPROVED this 19th day of May, 2009. M a FAYETTEVfLLE;``
•
APPROVED: ATTEST: °°.;/�QrMy"�0.����•
C
By: .cBy: 50 i
0 ELD JO , Mayor SON RA E. SMITH, City Clerk/Treasurer
F
7L5-9a 091-R00
J(WN&1ISu[NOGNGISICR '
21,_N-W,vcE(lELO PLAY PROPERTY DrSC.REPTION
FArmL1¢u,Aa lz�0a LOT NUMBERED MNE (9), COPPER CRLEK SUBDIVISION, TO THC CITY OF
rUNos V ncc.M (P)989v2'A2"C 7';52.8 ARKANSAS, AS PER PLAT ON FILE IN THE OFTICE OF THE CIRCUIT
S8B'A2'42'E 181.18' r S�9'45'13°1E 152-87 CLERK AND EX-OFFICIO RECORDER 4F WASHINGTON COUNTY, ARKANSAS.
5.00' OFFSET 0::
CD g I LJ W`c ---I �6 m0 AR PART OF LOK BFRLD NINE (9), COPPER CREEK SUBDIV15ION, TO T OF
LST 9 '� Ac }u L6 n nr -�'- /7x^•+F FAYEI-fEvILL[, AR AS PER PLAT ON FILE IN THE OFFICE Cl", -
0.2Bt ACRES }'"K "d "� CLERK AND IX-OFFICIO RDER OF WASHINGTON COUI SAS, BEING
Y " •I� MORE PARTICULARLY DESCRIB 5 FOLLOWS: COMMS AT THE SOUTHWEST '
a
2-STORY n yoAOrD•� ,�o`] CORNER OF SAID L07 NINE (9), S Ppi61T Bfl EXISTING IRON REBAR;
ROCK& BRICK q / ++ ry THENCE NDO'16'S6"E 4-0,14 FEFT ALON ST LINE OF SAID LOT NINE (9) TO
d9' HOUSE
�357D , ,� Ll A POINT; THENCE LEAVING THE WES ID LOT NFNE (9), $89'41'02"E r
4;'��'�;•. 1cL-2aw.1-Om 28,85 FEET 70 THE INTERSfCTI F 7HE FR OOF OVERHANG OF AN EXISTING i
M C E(DEfl DMOPMENF,LIC.
LINE BEARING � ���+s-uav AQ e09$143 HOUSE WITH THE FRONT B NC SETBACK LINE OF D L07 NINE (9), SAID
DISTANCE PKCF b LOCHFILE cRIPPEN v 'eAla dc¢ie STs SDE SPRM=AG AR.m63 SETBACK LINE BEING 75.00 FOOT RAFJIUS CURVE VE TO THE SOUTH;
L1 58547 42 f 12.24 jatLa�ttL�I�A�R[�a i}o •'' . ""�,A '[ pfl t" TItENCB LC,4VING T FRONT ROOF CWE'RHANG OF SAICf HOU AND RtJNNNC
Lz NIlOz67 E 0.85 F ;+1
LT _ g EASTERLY AL AID SETBACK LINE AND CURVE, 23,35 FEET, CHORD FOR
L3 685 44£ 41.16' OO 58- e� WHICH BEI 589'21'23"E 23.26-FEET, TO A POINT ON THE FRONT F FOR
L4 90O'3b 59'W 0.74' it�•, f~bA'� O'£ " '` 7
io• tOflc. \ b OF SN OUSE;THENCE LEAVING SAID FRONT SETBACK LINE AND CUR
L5 1489'45'13 W 41.16' wkle r
L6 1452'5a'09`!T 6.54' b^`� j`' Q� 148' '23'W 23.25 FEST ALONG THE FRONT ROOF OVERHANG OF SAID HO TO i
L7 1489'2341 1.92 • ±, _n� POINT OF BEGINNING, GONTAINMC 74,1 SQUARE FEET, MORE OR LESS.
LB N3T0S57"E 3A4'
L9 26022'38 2,44' ♦ ti
L10 Ses•4 b2"E 26,85' ? o-4' ♦\
L71 N8527 22-W 23.26' �' L=74.30' NCR A
R/W-•- `++• / \ A PART OF LO BERED NINE (9), COPPER CREEK SUBOIASI HE CITY OF
L=1.50' R=50.00' 1 FAYETTEVILLE, ARKAN PER PLAT ON FILE 1N THE OF THE CIRCUIT
N=25.001 sav p CLERK AND EX-OFFICIO RE R OF WASMNGTO NTY,ARKANSAS, BEING .�
MORE PAFMCULARLY DESCRIBED A ON - MENCING AT THE NORTHEAST
JASPER LANE CORNER OF SAID LOT MINE (9), SAID INC AN EXISTING IRON Rf9AR;
(ASPHALT, 50' R/W) THENCE S37.05'51'W 10&33 F ONG THE LINE OF SAID LOT NINE (S)70 r
665_p3167-Dw0 A POINT;THENCE LEAVING _ EAST LINE OF SAID L E (9), N57S4'D9"W 6.54
GAIN It RENEE MCGRAW FEET TO THE ROOF FANG OF AN EXISTING HDUSE; TH N89'2.3 41 1.82
350 JASPER LAVE
FAYEIfENLIE,AA.MalFEET ALONG SAI DVERHA14C TO A POINT ON THE SIDE S CK LINE OF
AREA OF E44CROACHMENT SAID LOT N (9);THENCE N37'05'511 3-04 FEET ALONG 5 SE BACK LINE
34.0.t so.Fr.� ,rA,,,G aaux.�E TO A P CN THE ROOF OVERHANG OF SAID HOUSE:THENCE SDO'22'3 2.44
[q r L w F£ ONO SAID ROCF OVERHANG TO THE POINT OF DEGINNING, CONTAINING r
—T r--; 1 �='y� .� L——— E FEET. MORE OR LESS-45
i
P.O.B, UNE
REAR DRAINAGE FA5EMENIT ENCROACHMENT J
J3E4R ORA7AlAGE E45EMFM HNCRnA�Nuru_r nrren A PART OF LOT NUMBERED NINE (9)1 COPPER CREEK$VBDMSION,TO THE CITY OF
FAYETTEVILLE. ARKANSAS,AS PER PLAT ON F9.E IN THE OFFICE OF THE CIRCUIT y
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTCULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST k.
CORNER OF SAID LOT NINE (9):YKENCE 500'78'5B"W 3D.00 FEET ALONG THE WEST
LINE OF SAID LOT NINE (9)TO A POINT ON THE SOUTH BOUNDARY OF A FIFTEEN
P-73O• (15) FOOT WIDE DRAINAGE EASEMENT;THENCE LEAVING THE WEST LINE OF SAID LOT (.
C•-5 ,,,5' NINE(9), 589'41'02'E 12.24 FEET ALONG THE SOUTH LINE OF SAID DRAINAGE
01.[1111AFIc C LEN-2a26' EASEMENT TO THE ROOF OVERHANG OF AI4 EXISTING HOUSE FOR THE TRUE POINT
HOINc 0AY7�sfiy'kl:2J' OF BEGINNING;THENCE N0p•Z0'15"E 0,91 FEET ALVNG SAID ROOF OVERHANG TO A
POINT;THENCE S69.301441 41.16 FEET ALONG SAID ROOF OVERHANG TO A POINT;
THENCE SO0.3O'59'W 0.74 FEET ALONG SAID ROOF OVERHANG TO A POINT ON THE
[7D SOUTH BOUNbARY OF SAID DRAINAGE EASEMENT: THENCE N89'45'13'1N 43.16 FEET 1'
t z5� ALONG SAID DRAINAGE EASEMENT BOUNDARY TO THE POIT OF BEGINNING,
P.O.B. CONTAINING 34.0 SQUARE FEET, MORE OR LESS.
i
E OACHMENT AREA -�
7 SO. F7.
NT SETBACK 9WROACH
i
{
OYErau"G 0y� OWNER:
�MSE -b SCOTT & CLAIRE HARVEY A EXISTING PX NAIL
0p DRESS• O SET 1/2" IRON RESAR
+°6
3570 JASPER LANE a EXISTING IRON PIN
3
FAYETEVLLE, ARKANSAS f COMPUTED CORNER
° —X— FENCE LINE
D. 3b' 60' 90'
ENCRO AREA
22 SD. FT.
Alan Reid & Associates DATE Ds/te/Ds REVISED pT NO•
571-';:FTRACK_ENCROACHMFNF oErarL TTA ftalb M*m"ALwIu. SCALE; i.30' DRMVF[8Y: dCC
��'m , " COLD WELL BANKER
EXHIBIT "B"
VAC 09-3255
REAR DRAINAGE EASEMENT ENCROACHMENT
A PART OF LOT NUMBERED NINE (9), COPPER CREEK SUBDIVISION, TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT NINE (9); THENCE S0001 8'58"W 30.00 FEET ALONG THE WEST
LINE OF SAID LOT NINE (9) TO A POINT ON THE SOUTH BOUNDARY OF A FIFTEEN
(15) FOOT WIDE DRAINAGE EASEMENT; THENCE LEAVING THE WEST LINE OF SAID LOT
NINE (9), S89°41'02"E 12.24 FEET ALONG THE SOUTH LINE OF SAID DRAINAGE
EASEMENT TO THE ROOF OVERHANG OF AN EXISTING HOUSE FOR THE TRUE POINT
OF BEGINNING; THENCE N00°26'16"E 0.91 FEET ALONG SAID ROOF OVERHANG TO A
POINT; THENCE S89030'44"E 41.16 FEET ALONG SAID ROOF OVERHANG TO A POINT;
THENCE S00030'59"W 0.74 FEET ALONG SAID ROOF OVERHANG TO A POINT ON THE
SOUTH BOUNDARY OF SAID DRAINAGE EASEMENT; THENCE N89'45'1 3"W 41.16 FEET
ALONG SAID DRAINAGE EASEMENT BOUNDARY TO THE POINT OF BEGINNING,
CONTAINING 34,0 SQUARE FEET, MORE OR LESS.
City of Fayetteville Staff Review Form `
City Council Agenda Items
and
Contracts, Leases or Agreements
5119/2009
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
VAC 09-3255: (Harvey/3570 Jasper Lane, 100): Submitted by Alan Reid for property located at 3570 Jasper Lane,
Lot 9 of the Copper Creek Subdivision. The request is to vacate a portion of a drainage easement on the subject
property.
Cost of this request Category 1 Project Budget Program Category/Project Name
Account Number Funds Used to Date Program 1 Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item I� Budget Adjustment Attached L—a
Previous Ordinance or Resolution#
Depme t it for Dam
JJJ Original Contract Date:
Original Contract Number:
City A ney Date
Finance and Internal Services Director Date Received in City rl �
Clerk's Office J�]
Chef aff Date
Received in � r
� Mayor's Office --
Q
M yor Date
Comments:
Revised January 15,2009
City Council Meeting of May 19, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
From: Jeremy C. Pate, Director of Development Services
Date: April 28, 2009
Subject: Vacation for Harvey (VAC 09-3255)
RECOMMENDATION
Staff and the Planning Commission recommend approval of an ordinance vacating a
portion of a drainage easement on the subject property.
BACKGROUND
The subject property is located in the Copper Creek subdivision, northeast of the
intersection of Crossover Road and East Zion Road. The property contains a
nonconforming single-family structure that was constructed in 2005. A portion of the
roof overhang was constructed into the 15-foot drainage easement at the north side of the
subject property
The applicant's request is to vacate a portion of the drainage easement to bring the
structure into compliance.
DISCUSSION
Notification was provided to all adjacent property owners, utility representatives, and to
the City with no objections to the requested drainage easement vacation. This item was
heard at the regular Planning Commission meeting on April 27, 2009 and forwarded by
vote of 7-0-1 on the consent agenda to recommend this vacation request to the City
Council.
BUDGET IMPACT
None
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 09-3255 SUBMITTED BY
ALAN REID FOR PROPERTY LOCATED AT 3570 JASPER LANE,
LOT 9 OF THE COPPER CREEK SUBDIVISION TO VACATE A 34
SQUARE FOOT PORTION OF THE DRAINAGE EASEMENT IN
THE REAR OF THE PROPERTY
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 34 square foot portion
of the platted drainage easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: The City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons 34 square feet of drainage easement as described in Exhibit B (attached).
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map
attached and Iabeled 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: This vacation approval is subject to the owner's continuing agreement that any
necessary relocation of drainage structures caused by this vacation will be at the expense of the owner.
PASSED and APPROVED this 19d'day of May, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
7a}2{a9rsur
2Oxv&w u looFLARIfF
rasa R,wu;f, 7 70 - PROPERTY DrSCRIP11.0
FAYCI7L}m,L(,M,79703 LOT NUMBERED NINE (9), COPPER CREEK SUEDNISION, TO TH( CITY 01
ruxpS N LLrc.wx (F)5BB'42'J2"L IS?.87' FAYETTEVILLE,ARKANSAS, AS PER PLAT ON FILE IN THC OFFICE OF THE CIRCUIT
569'42'42'E 1B1.IB' f SB9'45'13"E 7��,87' CLERK AND Ek-OFfIC10 RECORDER OF WASHINGTON COUNTY, ARKANSAS,
5,00' OFFSET
' q�
15' US, I-V
1
¢ 0 15' DR.E. 0 �� R K A 1 Nl
Cn "LJ La tl CK [ - - R)1. A PART OF LD BERLD NINE (9), COPPER CREEK SUBDNISIDN, TO OF
LOT 9 `+ °' 4/y1'`-,°i FAYFT7Eu;LLE, ARKAN AS PER PLAT ON FILE IN THE QFF[CE O CIRCUIT
n Js b
{1„2$ ACRES
,ab '" [`^E• CLERK AND EX-DFFfCIO RDER OF WASHINGTON COUI SAS, BEING
,�; MORE PARTICULARLY DESCRiB S FOLLOY& COMMS AT SNE SOUTHWESI
=� 'L 2-STORY y[o°/ �0 CORNER OF SND LOT NINE (9), S POINI BEi EXISTING IRON REBgR;
ROCK& BRICK R m' *. [ THCNCE N00'18'58"E 44.14 FEET ALON .ST LINE OF SAID LOT NINE (9) 70
.-. '•" H35�0 �, A POINT; THENCE LEAVINGTHE WES AID L01 NINE (9). SB9.41'02'E
�.•'. "• 7u+-s2u.1-c5a 26,85 FEET TO THE INTER! F THE FRO COF OVCRHANC OF AN EXISTING
o ...... /. 7.6' M c PIfiEF acv[wPUFJIr,ac.
7La-72r.{s-non A ,f/ PA PDX 51 KJ HOUSE WITH THC FRON7 WING "EfBACK LINE OF D LOT NTN[ (9), SAID
LINE BEARING DISTANC pNnL�&HacxFi[[fAlppfv v 'cpn RN'E a i• „ 5L;s1p[ s�I NiZ,AP.[2765 SETBACK LINE BEING 75.00 FODT RADIUS CURVE CAVE TO THF 5G(J7H;
Ll 569'bi 02 E 12,22 SS{a.L45PLR fwx£ N p N[. £ .r b rmR0A0HMG[I
L2 Ntld26 Lfi uo• :,n• THENCE LEAVING T FRONT RQOF OVERHANG OF SAID HOU AND RUNNING
FA1C7iYILLL.AR.727M11 nnll�
0,91 B EASTERLY ALO AID SETBACK LINE AND CURVE, 23.35 FEET, - GHORO FOR
L3 &69'30'04 E 41.15' n 20'�F8' '" ^� WHICH BEI 589'21'23`E 23.26 FEET, TO A POINT ON THE FRONT F OVERHANG
L4 59D'30'5B'W 0.74 m '. �>A' t4nc' �} OF SAI QUSFI THENCE LEAVING SAJD FRONT SETBACK. LINE AND CUR
L5 N1145'13 W 41.Ifi Rux
LB 7{62'54'09"W 6.54' ,y+ Dy NB ' '23'W 23.2E FEEL ALONG THE FRONT ROOF OVERHANG OF $ATO HOU TO
R POINT OF BEGINNING, CONTAINING 14,1 SQUARE FEET, MORE OR LESS.
L7 N89'23'41 1.82 2 O^Y 1•. h�
L9 N3T05'51 3.04' z i
U1 Stld22'36 2,44
10 589'41'02"E 28,65 a3'
L11 N99'21231Y 23.26 y L-]4.3Dr \ 51 ' FJv'CROACHMELT -
R/W---� v /hN APART OF LO BERED NINE (9), COPPER CREEK SU80R4S1 ' WE C;IY OF
L=1,50' R=$9'00/ FA=EVILLE,ARKAN 5 P£R PLAT ON FILE IN THE OF THE ^IROUII
R-25,00 s°0' CLERK AND EX-OFFICIO RE rR OF WAS GTO NTY, ARKANSAS. BEING
MORE PART=LARLY DESCRIBED A OW5' MENDING AT THE NORTHEAST
-fAS,RF,R LANE � - CORNER OF SAID LOT NINE (9), SMO ING AN EXISTING IRON REEAR; -
(A6PHALT, 50' RM THENCE S37'05'51'W 106.33 FE ON C THE LINE OF SAID LOT MINE (9) TO
7a5-s.ar-m A POINT; THENCE LEAVING EAST LIE OF SAID L NE (9), N52-54'09"W 6.54
oA1W&RN(E Mca&0 FEET TO THE ROOF ANG OF AN EX STING HOUSE; TH N50'23'41"4J 1,82
75{7 JA jm Lw£
[A}£17EV ILS A9.iS>o7 FEET ALONG SAI OF OVERHANG TO A POINT ON THE SIDE 5 CK LINE OF
AREA OF ENCRDACHMENi SNO LOT N {9)1 THENCE N37D5'51"E 3.04 FEET ALONG SAID SID ACK LINE
34.03 $0.9T ,�J,,a TO A P ON THE ROOF OVERHANG OF SAID HOUSE; THENCE SOO'22'3 2.44
_ J cn /- � FE ONG SAID ROOF OVERHANG TO THE POIN7 OF BEGINNING, CONTANING
-- ...... _.. .._.....- ... ..-4r7 "�r=2z' � - RE FEET, MORE OR LESS.
l L4
LI -
P.O.B. uwe EnsLINE - -
BEAR.DRAINAGE FhSEMENf ENOROACHMEhR
-HEAR DRAIMA E EASEMENT CNGRQACHMFNT/)Mir A PART OF LOT NUMBERED NINE (9), COPPER CREEK SUBDIVISION,TO THE CITY OF
FAYETTEVILL.E. ARKANSAS,AS PER PLAT ON FILE 1N THE OFFICE OF THE GIRCUF
_ CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, B-rING •
MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHWEST
CORNER OF SAIC LOT NINE (0); THENCE SOO'18'S8'W 30.00 FEET ALONG 7HE WEST Pill
1-13Js' LINE OF SAID L07 NINE (9)TO A POINT ON THE SOUTH BOUNDARY OF A FIFTEEN
Re76.0o' (15) FOOT WIDE DRAINAGE EASEMENT; THENCE LEAVING THE WEST LINE OF SAID LOT
4•"77.50J5' NINE(9), 589'41'02"E 12.24 FEET ALGNG THE SOUTH LINE OF SAID DRWNAGE
p x,M;s C LW-23,25' EASEMENT TO THE ROOF OVERHANG OF AN EXISTING HOUSE FOR THE TRUE POINT
SRG=56977 F3"
Imus[ I OF BFOINNING:THENCE NOD'26'1b"E 0.91 FEET ALONG SAID ROOF OVERHANG TO A
POINT; THENCE S69'3D'44"E 41.$6 FEET ALONG SAID ROOF OVERHANG TO A POINT;
THENCE SOO'30'59"W 0.74 FEET ALONG SAID ROOF CVERHANG TO A POINT ON THE
L10 SOUTH BOUNDARY OF SAID DRAINAGE EASEMENT; THENCE N89'45'13'W 41.16 FEET
P,q B 71 2S,a s a, ALONGSAG 34p SQUARAID DRAINAGE
F ET,TMOpEBOUNDARY
70 THE POINT OF BEGINNING,
CON- 04 LS.
E OACHMEN7 AREA -
1 SQ, FT.
NT Famzj
OWNER
ovwlwLc y�'
i;
Rous[ $,
0.9 SCOTT & CLAIRE HARVEY A EXISTING PK NAIL I,
I
Ls ADDRESS: SET 1/7." IRON REBAR
3570 JASPER LANE 0 EXISTING IRON PIN
/ L7 P' 'B• FAYETTEIALLE, ARKANSAS + COMPUTECORNER
-X FENCE LE
EN'CROAGT AREA -
94'
2.2 S0. FT.
Alun Reid & Associates °LTA 05/11/05 I REMSED: PitOJECT ND,
S.'E$VYfACK ENCROACHMENT(�j 110&wfh '%Dv Avmw 'E �11TR(BY., JQC DST!}
72M
44#- '
fCOLD WELL DANKER
(f7PJ 3}-d7d4
EXHIBIT "B"
VAC 09-3255
REAR DRAINAGE EASEMENT ENCROACHMENT
A PART OF LOT NUMBERED NINE (9), COPPER CREEK SUBDIVISION, TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT NINE (9); THENCE S00°18'58"W 30.00 FEET ALONG THE WEST
LINE OF SAID LOT NINE (9)TO A POINT ON THE SOUTH BOUNDARY OF A FIFTEEN
(15) FOOT WIDE DRAINAGE EASEMENT; THENCE LEAVING THE WEST LINE OF SAID LOT
NINE (9), 389°41'02"E 12.24 FEET ALONG THE SOUTH LINE OF SAID DRAINAGE
EASEMENT TO THE ROOF OVERHANG OF AN EXISTING HOUSE FOR THE TRUE POINT
OF BEGINNING;THENCE N00°26'16"E 0.91 FEET ALONG SAID ROOF OVERHANG TO A
POINT; THENCE S89°30'44"E 41.16 FEET ALONG SAID ROOF OVERHANG TO A POINT;
THENCE S00°30'59"W 0.74 FEET ALONG SAID ROOF OVERHANG TO A POINT ON THE
SOUTH BOUNDARY OF SAID DRAINAGE EASEMENT;THENCE N89'45'1 3"W 41.16 FEET
ALONG SAID DRAINAGE EASEMENT BOUNDARY TO THE POINT OF BEGINNING,
CONTAINING 34.0 SQUARE FEET, MORE OR LESS.
PC Meeting of April 27, 2009
aye
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
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Development Services Director
DATE: April 22, 2009 Update April 28, 2009
VAC 09�-3255: Vacation (HARVEY / 3570 JASPER LANE, 100): Submitted by
ALAN REID for property Iocated at 3570 JASPER LANE, LOT 9 OF THE COPPER
CREEK SID. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 0.28 acres. The request is to vacate a portion of the drainage
easement in the rear of the subject property.
Planner: Dara Sanders
Findings:
Property Description: The subject property is located in the Copper Creels subdivision,
northeast of the intersection of Crossover Road and East Zion Road. The property
contains a nonconforming single-family structure that was constructed in 2005. A
portion of the roof overhang was constructed into the 15-foot drainage easement at the
north side of the subject property.
Request: The applicant's request is to vacate a portion of a drainage easement to bring
the existing structure into compliance.
The applicant has submitted the required 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
Southwestern Bell Telephone No Objections
K:1Reports120091PC Reports111-April 27WAC 09-3255(Harvey).doc
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 09-3255 to the City Council
with a recommendation of approval with the following conditions:
Conditions of Approval:
1. Any relocation of existing utilities shall be at the owner/developer's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled
Date: April 27,2009
Motion: Winston
Second: Cabe
Vote: 7-0-1 (Zant)
KAReports120091PC Repoos\1 E-April 271VAC 09-3255(Harvey).doc
vaco9-3255 . HARVEY13570 JASPER LN .
Close Up View
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