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HomeMy WebLinkAboutOrdinance 5795113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5795 File Number: 2015-0384 VAC 15-5127 (19 N. PALMER AVE./BAKER): i ii iii i iii 11111 11111 i i i iii 11111 11111 11111 11111 11111 11111 11111 ilii ilii Doc ID: 016462740004 Type: REL Kind: ORDINANCE Recorded: 09/24/2015 at 01:34:20 PM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle SVlvester Circuit Clerk File2015-00027227 AN ORDINANCE TO APPROVE VAC 15-5127 SUBMITTED BY ALLEN BAKER FOR PROPERTY LOCATED AT 19N. PALMER AVENUE TO VACATE AN EXISTING BLANKET WATER AND SEWER EASEMENT 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 water and sewer 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 water and sewer easement 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 following conditions of approval: 1. The vacation shall not be valid until a 20 -foot water and sewer easement has been dedicated to the City of Fayetteville by the property owner. PASSED and APPROVED on 9/1/2015 Page 1 Printed on 912115 Fife Number. 2015-0384 Attest: Sandra E. Smith, City Clerk Treasurer Page 2 Printed on M2116 EXHIBIT "A" VAC 15-5127 BAKER Close Up View r j I Q W Lu II � SUBJECT PROPERTY RSF-4 RMF -24 II 1 I J L = I _ I. 'I — F CENTER ST �-— .Legen ` - j ~C ar ed Trail -ihC ••• N - fig ar Trail N�tu 0 _VA t2Y.ervjr,,Fayetteville City Limits - Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay Di ;trict Design Overlay Di ;trict 0 37.5 75 150 225 300 ------ Planning Area Feet EXHIBIT "B" Legal Description: Lot 43, Extension #1, Hotz Subdivision, to the City of Fayetteville, Arkansas, as shown on plat of record in plat book 1, at page 234, plat records of Washington County, Arkansas. Washington County, AR I certify this! nstrument was filed on 08/2412015 01:34:20 RM and recorded in Real Estate File Number 2015-0 7 Kyle Sylvester -Ciro it by -- City of Fayetteville Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 ,- Text File File Number: 2015-0384 Agenda Date: 9/1/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 VAC 15-5127 (19 N. PALMER AVE./BAKER): AN ORDINANCE TO APPROVE VAC 15-5127 SUBMITTED BY ALLEN BAKER FOR PROPERTY LOCATED AT 19 N. PALMER AVENUE TO VACATE AN EXISTING BLANKET WATER AND SEWER EASEMENT 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 water and sewer 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 water and sewer easement 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 following conditions of approval: 1. The vacation shall not be valid until a 20 -foot water and sewer easement has been dedicated to the City of Fayetteville by the property owner. City of Fayetteville, Arkansas Page 1 Printed on 9/2/2015 City of Fayetteville Staff Review Form 2015-0384 Legistar File ID 9/1/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 8/14/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 15-5127: Vacation (19 N. PALMER AVE./BAKER, 482): Submitted by ALLEN BAKER for property located at 19 N. PALMER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.35 acres. The request is to vacate a blanket water and sewer easement. Budget Impact: Account Number Project Number Fund Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance I Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget - V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Fay%4-11e KANSAS MEETING OF SEPTEMBER 1, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner DATE: August 14, 2015 SUBJECT: VAC 15-5127: Vacation (19 N. PALMER AVE./BAKER, 482): Submitted by ALLEN BAKER for property located at 19 N. PALMER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.35 acres. The request is to vacate a blanket water and sewer easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate an existing blanket water and sewer easement. BACKGROUND: Background: The subject property is located at 19 N. Palmer Avenue and is developed with a single-family home that was constructed in the 1950's. Near the time of construction, the City of Fayetteville obtained water and sewer easements throughout this neighborhood area. However, the easements were not obtained based on the location of the sewer/water lines, but were rather dedicated using the parcel description, resulting in a "blanket" easement over the entire property. The City of Fayetteville addressed seven similar "blanket" easements in 2012. However, a few of these situations still exist. Proposal: The applicant is requesting approval to vacate the existing blanket easement shown on the attached maps and replace it with a standard 20 -foot easement centered on the existing sewer line. Notification: Because the subject easement is only for water and sewer use, staff did not contact representatives from other utility providers. All adjacent property owners were notified of the vacation, pursuant to State law and City ordinance. DISCUSSION: On August 10, 2015 the Planning Commission recommendation for approval by a vote of 6-0-1 BUDGET/STAFF IMPACT: N/A forwarded this item to the City Council with a on the consent agenda. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: ■ CC Ordinance • Exhibit A • Exhibit B • Planning Commission Staff Report CITY OF 'ttvi11e PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Senior Planner THRU: Andrew Garner, City Planning Director MEETING DATE: August10,-20-1 Updated August 11, 2015 SUBJECT: VAC 15-5127: Vacation (19 N. PALMER AVE.IBAKER, 482): Submitted by ALLEN BAKER for property located at 19 N. PALMER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.35 acres. The request is to vacate a "blanket" easement. RECOMMENDATION: Staff recommends forwarding VAC 15-5127 to the City Council with a recommendation for approval. BACKGROUND: Background: The subject property is located at 19 N. Palmer Avenue and is developed with a single-family home that was constructed in the 1950's. Near the time of construction, the City of Fayetteville obtained water and sewer easements throughout this neighborhood area. However, the easements were not obtained based on the location of the sewer/water lines, but were rather dedicated using the parcel description, resulting in a "blanket" easement over the entire property. The City of Fayetteville addressed seven similar "blanket" easements in 2012. However, a few of these situations still exist. Surrounding land use and zoning is depicted on Table 1. Table I Surrounding Land Use and Zoning Direction from Site Land Use I Zoning North North Single -Family Residential RSF-4, Residential single - Family, 4 units/acre South _1 Single -Family Residential RSF-4, Residential single - Family, 4 units/acre_ — East East Single -Family Residential Single -Family Residential RSF-4, Residential single - 4 units/acre _ RSF-4, Residential single - Family, 4 units/acre West Mailing Address: Planning Comm 1ission 113 W. Mountain Street www.fayett w tar9i Fayetteville, AR 72701 genda m 2 5-5127 Baker Page 1 of 9 Proposal: The applicant is requesting approval to vacate the existing blanket easement shown on the attached maps and replace it with a standard 20 -foot easement centered on the existing sewer line. Notification: Because the subject easement is only for water and sewer use, staff did not contact representatives from other utility providers. All adjacent property owners were notified of the vacation, pursuant to State law and City ordinance. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments with the following responses: CITY OF FAYETTEVILLE RESPONSE Water/Sewer No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 15-5127 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: A new 20 -foot water and sewer easement shall be dedicated to the City of Fayetteville before this approval is valid. PLANNING COMMISSION ACTION L�J Forwarded O Denied O Tabled Date: August 10, 2015 Motion: Cook Second: Selby Vote: 6-0-1 (Hoskins recused) Notes: BUDGET/STAFF IMPACT: None Attachments: ■ Petition to Vacate ■ Utility Approval ■ Easement Deed Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5127 VAC (19 Palmer)k03 Planning Commission\08-10- August 10, 2015 2015\Comments and Redlines Agenda Item 2 15-5127 Baker Page 2 of 9 • One Mile Map • Close Up Map Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5127 VAC (19 Palmer)\03 Planning Commission\08-10- Auut 110, 2015 2015\Comments and Redlines 15-5127 Baker Page 3 of 9 30 June 2015 PETITION TO VACATE THE UTILITY EASEMENT LOCATED LOT 43, EXTENSION #1, HOTZ SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 1, AT PAGE 234, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS TO: The Fayetteville City Planning Commission and the Fayetteville City Council I, the undersigned, being the sole owner of Lot 43, Extension #1, Hotz Subdivision, petition to vacate the utility easement on said property. Lot43, Extension #1,15 the only remaining'lot in Hotz Subdivision with a utility easement. I have been the property owner since 27 February 2012. To put my request In context, the utility easement was lifted on all properties in Hotz Subdivision with the exception of Lot 43. I was made aware of the utility easement while processing a request fora permit to build a privacy fence. Since mine is the only lot that did not have the utility easement vacated, request consideration to remove the $200 fee. Thank you for your consideration. Allen Sidney Baker 19 N Palmer Ave Fayetteville, Arkansas 72701 C: 703-598-47.31 To Whom It May Concern: Planning Commission August 10, 2015 Agenda Item 2 15-5127 Baker Page 4 of 9 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: e i UTILITY COMPANY: APPLICANTNAME; PI'l.ICANTPHONE: _ . REQUESTS CATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. -- Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location 1 Address (referring to attached document- must be completed"') (ATTACH legal description and graphic representation of what is being vacated-SURVEi7 UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) CATS A W 2d THE ��1�m� G �EWff- I 4E EA5EMW r_ Ctq C -O O!d • No objections provided the following conditions are met: .. iiFitt a t+f'tJtilily Company Representative 01 D Of 4r11-J'(Y 5 R.J)C 5 Title Gncr;a :o Paxto,t,, Jaaia La Pauaetta : c o b:xto j.ai: 1,, _: ;iteb..zltat;±S+�la Jas�iu L,. 1•'aucotto o'g (, P€V3aoLt11l I art i Jossla L, �nucatto i ..:.c1.7.I .i._. _ at A -.y i August FILED FOR RR'of,,D I 4 YrRSlillfllill'1 it,'If,IY '11H"';$�'c , 1/Y✓7 rS_ runo 2g 1s5s Li 1 J65.06502.000 032876100 WILLIAM E & CAROLA: 765.06440-000 0.446605ac BARNEY, BERNICE 0 765-06453-000 0 447456ac 2 n I CHASE. JAMES S 765-06459-000 0451255ac r JCKcd. WILLIAM F &, 705.00489-000 0 357825ac BAND K PROPERTIES OF NWA LLC 765-06447-000 0335592ac HALSELL HOLDINGS LLC 765-06498-000 01O9O97a HALSELL HOLDINGS LLC 765-06446-001 0.0772ac- _ HALSELL HOLDINGS LLC 785-06446-000 028B75Bac SCHMIDT, WILLIAM P 765-06452-000 REAGAN, SEAN D &SUZANNE HOBBS M 0335592ac 765-06451-000 034695900 1482 - - -- - - JOHNSON. BRAD H 765-06455-000 BAKER, ALLEN S 0 33559ac I 765'48-05-0-000 034895645 ! I ? r w ' G MANSKE, DWAIN E S UDEY, RITA A 765-06458-000 ANDERSON, LAURIE MICHELLE POTTER 0 339389ac 765-06457-000 0 350882ac VERNON & THELMA KERB, JOSEPH D & STEE-Li, 765-07417.000 0 347492ac HENDRICKSON, KENNETH B & CAROL A 765-07429-000 765-07430-000 0 202845ac 527 0.39147ac SELL. VIRGIL L 5 OMA LEA LESTER. JAMES W & SHARON A ;an7atnnm 765-07429-001 Date: 8/3/2015 LOYD, MARION LYNN UNIJERSITY OF ARKANSAS 705-06497-000 I 765 00271.000 0329296ac I 0 169273ac • UNIVERSITY OF ARKANSAS V 705.08210.004 0 16645775 COX, SANDRA L t 765-06445-000 0340491ac I UNIVC RIli l V OF ANKANSAS 105.08277-p00 0 703Li77a r. MOONEY, MATTHEW & VIRGINIA 765-08449-000 0 240752c IN I VERSI II Y OI- A`•IrA NI., r• I 10� 4021li• 0L' 0 0 1t3068cc CAUDLE. DALE W 765-06450-000 0440232ec UNIV175SI1 ( Of ARKA.^ISAS 765.082/6 000 011:177ar. OAKLAWN LAKE IIOUSESLLCUNIVERSIT'( OE ARKANSAS 765-06'158.004 765.08774 000 0 344343ac C sr;7.39,5}r- CENNET T OUTDOOR INVESTMENTS: LG' SMITH REVOCABLETRUST� 765-07427-000 165.95227.1700 0 409898ac r1 'J14G75ac SNliii RFVOCABI.F TRUST NORTH 165 05726.000 /121245455 1 inch = 77 feet 0 37.5 75 150 225 300 Feet VAC 15-5127 One Mile View LUl JCQLNW 00 4R KSFA l _ SUBJECT PROPERTY ii i. .w.-dVseEavii :7' '---' N4SucEaceTraI1 Overview Legend 'rI Hills e -Hilltop Overlay District Subject Psopersy ! Design Overlay District ,� •.+ Boundary L _ _ _ + Plan ing Area I J Fay tteville 0 0.25 0.5 1 Mies NORTHWEST ARKANSAS Democrat a_.efte P.O. BOX 1607, FAYETTEVILLE, AR, 72702 - 479-442-1700 • FAX: 479-695-1118 . WWW.NWADG.COM RECEIVED AFFIDAVIT OF PUBLICATION 0CT 02 2015 I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the CITY�CLERKS OFFICE Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5795 Was inserted in the Northwest Arkansas Democrat Gazette on: September 10, 2015 Publication Charges: $ 90.79 v Cathy Wiles Subscribed and sworn to before me This I day of OCk-. , 2015. No ary Public �a.•`��(;t��'c Jc��''��f My Commission Expire . p **NOTE** Please do not pay from Affida0�iYiuokIbb��fient.