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HomeMy WebLinkAboutOrdinance 3646 ORDINANCE NO . '1646 N -n AN ORDINANCE VACATING AND ABANDONING A PORTION q;` N rn m OF VANDEVENTER STREET FROM MAPLE TO LAFAYETTE a y N AS REQUESTED BY UNIVERSITY BAPTIST CHURCH . N C) 3 0 WHEREAS , the Board of Directors has the authority u�ffcd*r 13c . m Con . Ann . § 14 - 54 - 104 to vacate portions of streets whicran �e not p required for corporate purposes ; and v W A v WHEREAS , the Board of Directors has determined that We following described portion of the street right-of-way is not required for corporate purposes . lup� NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF .V THE CITY OF FAYEPPEVILLE , ARKANSAS : Section 1 . That the City of Fayetteville , Arkansas hereby U vacates and abandons all of its rights together with the rights of the public generally , subject to the reservation of a utility easement in and to the following described property located in Washington County , Arkansas : LL A portion of Vandeventer Street from Maple to Lafayette as more fully described in Exhibit "A" attached hereto and made a part hereof . Section 2 , The City of Fayetteville hereby reserves an easement on , over , across and under the above described street right-of -way to construct , lay , remove , relay , enlarge , and maintain public utility lines . Section 3 . Said utility easement shall be for the benefit of the electric power companies , telephone companies , gas companies , cable companies and the City of Fayetteville , Arkansas , Section 4 . As a condition of abandonment of said street right-of-way , the University Baptist Church agrees to three conditions as set forth in a letter dated September 12 , 1992 attached hereto as Exhibit " B" and made a part hereof . Section 5 . A copy of this Ordinance duly certified by the City shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County . 9 667387 Page 2 Ordinance No , 3646 October 6 , 1992 Section 6 . This street vacation is expressly contingent upon Planning Commission ' s approval of a large scale development plan containing a dedicated right-of-way providing for traffic flow between Maple and Lafayette Streets west of the present Vandeventer Street . PASSED AND APPROVED this 20th day of October , 1992 . APPROVED : By . Mayo % '' -!l`° AT`TE`ST :• ' �� r. I City Cderkql J ,fs 67213 A oVoo �� 1. P1mo KOco<dorln'1tA y.'''.Cr; il 1;. Cl :SCil10➢J �A.lL r••f°bV n. rAL°`r n mO 1. nOV� PO rM r0 m• ry •: r°on 0. o �.!E'! r '.•��? .-` { rn�r)3 / a5 05 I' hr "r" rd Boo � , v`Tf . City Clerk and Ex. 60\' hnrO�nto W 1C • - fol the C ty of "rc ti'urr �cN `. , (;•SQ G3 llr"Cby Certify th&t t�3e Po' T• R xod `hp goo a gcing Es cf record lit y r tt' °d ` `300• o ; re pa�nd the same t 2. appears iFi ; , nd''Lo C£Ol:!! 9�! lo`nuk- V °` pc 9P _ Toil i$ "N T_ ss my hall(i al t_ s a7ozz d,y of of � Fa•Ot,ro° R at C1c:'- wd ks-Dffic;o i$ o:sar W ORDINANCE NO. 3646 AN ORDINANCE VACATING WAND ABANDONING A PORTION ' OF VANDE- STATEof ARKANSAS VENTER STREET FROM ss. MAPLE TO LAFAYETTE AS REQUESTED BY UNIVER- County of Weshing[oR SITY 'BAPTIST CHURCH. WHEREAS, the Board of underrs has the authority I, 'T - � r, ,, under Ark. Con. Ann . ! , /.�e.,(.]� hereby certify [Ilett ta-sa-toe to vacate per- am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily news tions streets which are P Y Paper not required for corporate having a second class mailing privilege, and being not less than four pages of five Purposes: and columns each, published at a fixed place of business and at a fired (daily) intervals WHEREAS, the Board of continuous) m the Ci of Fayetteville. Comfy of Washin ton, Arkansas for more Directors has determined Y City Y Y B that the following described than a period of twelve months, circulated and distributed from an established place portion of the street right- of business to subscribers and readers generally of all classes in the Ci and County of-way . is not street for B Y lY corporate purposes. for a definite price for each copy, or a fixed price per annum, which price was fixed NOW; THEREFORE, BE IT at what is considered the value of the publication, based upon the news value and set- ORDAINED BY THE BOARD OF DIRECTORS vice value it contains, that at least fifty percent of the subscribers thereto have paid OF THE CITY OF FAVET- cash for thew subscriptions to the newspaper or its agents or through recognized news Sectio , ARKANSAS: That the C dealers over a period of a least six months; and that the said news publishes an TEVILL ., ARK t the City of Pef Paper Fayetteville . Arkansas average of more than forty percent news matter. {inereby Jacates '. end - aben- I further certify that the legal notice hereto attached in the matter of dons all of its rights together p bl with the .tome of _ _r _ 'Lite pti reservation subject L/\ A� rah/I to the teem in and o th6tie try easement in and to the following described property was published in the regular daily issue of said newspaper for locatedy, in Arkansas: wWashingtonCouunty, consecutive insertions as follows: A portion of Vandeventer /�,, L ,, � Street from Maple to The first insertion on the n day of ( '*)b tet/ 19 -1 -01% Lafayette as more fully described In Exhibit 'A' attached hereto and made the second insertion on the day of 19 a part hereof Section 2. The City of Fay etteville hereby reserves an the third insertion on the day of 19 easement on, over, across and under the above de scribed street right-of-way and the fourth insertion on the day of 9 to construct, lay. remove, relay. enlarge, and maintain, public utility lines. Section 3. Said utllity ease-' ment shall be for the bene- fit of the electric power Publishe / G Manager companies. telephone com-, ponies, gas companies, cable companies and the �l City of Fayetteville . Sworn to and subscribed before me on this day of Arkansas. 1 �'r Section 4. a condition i,� /1 , of abandonment of d said (VJL� 19 1 C4 street rightof-waY, the Uni- versity Baptist Church agrees to three . conditions as set forth in a letter dated September 12, 1992' attached hereto as Exhibit NotaryPublic " B " and made a part hereof. Section S. A copy of this Ordinance duly certified by My Commission Expires: the City shall be filed in the _^ office of the Recorder of the County and recorded in tl the Deed Records of the County. Section 6. This street vacs= / tion is expressly contingent / /� N upon Planning Commis' Fees for Printing $ /� sion's approval of a large scale development plan, Containing a dedicate Wont- Cosi of Proof $ Of-way providing for traffic flow between Maple and Total $ Lafayette Streets west of the present Vandeventer. APPROVED PASSED AND APPROVED this20th tley of October,199 1992. APPROVED: BY: Fred Vorsanger, Mayor ATTEST: BY: Sherry L. Thomas, City Clark 7 . 01 AGENDA REQUEST For the Board meeting of FROM$ r- Name Division Department BOARD ACTION RSQUESTEDe e0LOt/�G 6,0 VffA/1J6✓G�2 /ea•K �9i°tE Lo+yIcAyg-rrS Revvesre-o ,BY 77/w 4/�v1rE2serl' ,FSt9PT�sAr lH���N COST TO CIT?, p Cost of - this request Line item budgeted amount Account name qu of Program completed Funds used to date Account Number Remaining balance BUDGET RZVIBWt . Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/LBASE REVIEWS GRANT APPLICATION REVISW3 Finance Director Date City Attorney Date 1 Purchasing Officer Date Internal Auditor Date Internal Auditor Date STAFF RECONUMMATION' �T9fF' j�oEs n bT /096, A On/ 7RrS S EM D v iion Head 7 Date f Department Director Date L;La L` Adminietr i . Services Director Date City Manager Data I . 1 jE 7 . 02 THE CITY OF FAYETTEVIEEE• ARKANSAS 1 f DEPARTMENTAL CORRESPONDENCE TO : Fayetteville City Board of Directors THRU : Scott Linebaugh , City Manager Kevin Crosson , Puj c Works /Director FROM: City Engineer SUBJECT : Request to Close Vandeventer Street From Maple Street to Lafayette Street University Baptist Church , Fayetteville 7 DATE : September 22 , 1992 The University Baptist Church , located at 315 West Maple Street , is requesting that Vandeventer Street between Maple and Lafayette be closed and the right of way be abandoned . Attached are. l ) A petition dated August 27th , ' 1992 requesting the right ,of way vacation , 2 ) a consent letter - from abutting property owners , 3 ) Certification of ownership for the abutting properties , 4 ) letters from all utilities , including Warner Cable Company and the W/ S Maintenance Department , consenting to the closing , 5 ) a location map showing the location of the street in question , and 6 ) a sketch showing the . Church ' s layout of their new sanctuary and parking lot as it is now envisioned . -• ` Y- Also attached is a copy of a letter from tl� s University Baptist Administration making commitments to the City in three areas in exchange for the street vacation as requested . They are : 1 . Pledging the conveyance of whatever right of way that might be needed in the future on property owned by them west of the existing AIT Building for a future north-south street , 2 . Permission for the City to route traffic through their proposed parking lot in emergency situations , and 3 . A pledge to continue to allow students and patrons of the Walton Arts Center to pass through and to park on their proposed parking areas . The purpose in abandoning the street is to allow the University Baptist Church to locate its proposed new sanctuary in a more favorable location without concern with street setbacks , to eliminate the intersection of Vandeventer and Maple Streets , and to allow for more efficient parking and drop-off arrangements . •F T 7 . 03 The City Staff has met times over the last several weeks to discuss the proposed closing and how it might affect the public interest . We also met with representatives of the University Baptist Church on two occasions to discuss the street vacation . Some of the factors the Staff discussed as being a part of the public interest in Vandeventer Street are : A) Traffic Flow : A recent midweek ( Tuesday , Wednesday , and Thursday ) trafficcount on Vandeventer showed the average . daily volume of cars to be 874 . The majority of that traffic was from north to south . Many of these trips ( perhaps a majority ) are either directly connected with the daycare center operated by the Church or utilize the available parking offered by the Church . Others would represent through traffic utilizing Vandeventer as an ordinary city street . It is obvious that Vandeventer is not a major carrier of traffic and that it is not critical to the flow of traffic in that area. ' If no street existed at that location the City would feel no particular need to construct one , however , the interest of those citizens who do use Vandeventer at the present time must be considered . B ) Emergency Vehicle . Access : The street presently serves as a north-south access for emergency vehicles including police , fire , and EMS . Closing of the street would eliminate this' access . The Church has pledged in writing to accommodate not . only emergency flow of traffic through their proposed It parking lots , but also to accommodate the parking needs of students and Arts Center patrons and everyday traffic needs . C ) Needs of Public Utilities : All of the utilities have expressed no objections to the closing under condition that easements be retained for their lines . Also it appears that both water and sewer lines can remain in place provided an easement is provided . The Church has indicated that they have ' no objections to the easement requests . Therefore this public need would still be met with the street closing . Y Another issue discussed by the Staff was the possibility that the Church would grant the street right of way off of their property by the AIT building on Maple Street for the extension of Gregg Street in exchange for the vacation of Vandeventer Street . While the Staff does not believe that this should be the sole basis for making a decision on the requested vacation , we do think that it would be in the public interest to acquire that needed right of way in this manner . This additional dedication of street right of way would avoid the idea of the City giving property up without having received proper compensation . The Church has , in fact , agreed to grant the needed right of way at whatever time in the future it is needed if Vandeventer is abandoned as requested . Oq i 46 In summary , the Staff does not feel we can make a recommendation on this matter , however , it does appear that the t street could be vacated and , because of the promises the Church has made , still have much of the public interest retained and preserved . The decision as whether to accommodate the University i Baptist Church in the closing of Vandeventer or not should be based on just how well of the public interest and good would be preserved by the pledges made by the Church . If the event the Board of Directors agree to the closing of Vandeventer Street , the Staff would recommend that the 3 commitments made by the Church in their letter of September 12th be conditions of the closing . In addition the Staff feels that the right of way for a future Gregg Street extension be granted by the Church immediately upon the vacation of Vandeventer . The right 'of way grant would contain a clause which would allow the Church full use of the property 'until such time as the street is constructed . The exact lands to be conveyed as right of wcf would be determined at a later time but would generally include the Church property west of the AIT Building . iy � I :s Fi t l V �J Pi t I i i I 4 --rte I _ . • �� �J�� �J ' ter HUGHE RB ST LJ1 PIKE ] NORTH ST. O ~ D11 ROP I AO1Y6 BTR © �'L- I � I ... < a4 AK N I • 7 , 05 E El tER W ti. N ] E AugL It S . DR. a l f CR E W ST. T ! l i ' _ WILSON PARKat 1 e 2 � < ❑ Cu Y 1. J a • OU At ?n. LOU ���l NG AVIDSON 9 ®DDD ' = � ,HcA od - _ F (� Tl i OUMTE 39 Z f J IT MAN- 1,6R ® I sI IB q . ` o ll W J _ 4 ` r 13 : •• ICKA ` ANN IW. K S zi ai ® U l � . \tdF 1 1 -J L t 1 E. ClNTlR tT." � c ► . t i TRE . , s f^ QYRT!•7 \ �1• . r^ NARYOY 1 1 b losi IM K rGROUr l r.. ��� \� . �LA -I • 00 VF ® • 1. • A 11 . 11' t 2 pumaf, R i -�{�-{lll M• 7 ♦ •.yam-� ' ,. rr7 -J 13 Nfig i MIAIII VANDEV6XTo/p, ZFTW r7rT - I PETITION TO CLOSE VANDEVENTER STREET 7 . 06 BETWEEN MAPLE AND LAFAYETTE STREETS, �p CITY OF FAYEYrEVILLE, ARKANSAS TO: The Board of Directors of the City o. Fayetteville, Arkansas We the undersigned, being all the owners of the real estate abutting the street hereinafter sought to be abandoned and vacated, lying in Frisco and County Court Additions to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the street which is described as follows, to wit: Vandeventer Street, between Maple Street and Lafayette Street, abutting lots 2, 17, 18, 19, 20, on the west side of Vandeventer Street, and lot 1 on the east side of Vandeventer Street, in the Frisco and County Court Addf.tions to the City of Fayetteville, Arkansas. That the abutting real estate affected by said abandonment and vacating Vandeventer Street, lying in the the Frisco and County Court Additions to the City of Fayetteville, Arkansas, a certified copy of the original plat located in the Circuit Clerk's `Office for the Countyd of Washington, State , Arkansas,:is attachehereto, marked exhibit X and made a part hereof as though set out herein wrrd for word.. We further state that the above described real estate, is overwhelmingly traffic generated by University Baptist Church and the public interest and welfare would be positively effected by vacating this street and that the dangerous intersection at the corners of Vandeventerand Maple streets would be straightened and made more safe. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the 'above describedreal 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 purposes now approved by law. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. I WHEREFORE the undersigned petitioners respectfully request that the Board of Diretors of the City of Fayetteville, Arkansas, vacate the above described real estate, subject to said utility and sewer easements, and that the title to said real estate sought to be abandoned be vested in the interests of University Baptist Church as provided by law, and as to that particular land the owners be free from the easements of the public for the use of the said street Dated this ay of 1 2 447. University Baptist Church 315 W. Maple Street Fayetteville, AR 72701 5 . 77 7 . 07 UNIVERSITY BAPTIST CHURCH 315 wES T MAP'_E 37REE T F30iE7EE,'ILLE. ARKANSAS 72731 5C1 1425312 :R -i J McCARTY SENIOR PASTOR September 12, 1992 1 . Please consider this our irrevocable commitment to the City of Fayetteville. In exchange for closing and abandoning Vandeventer Street between Maple and Lafayette Streets, we will convey to the Cit , of Fayetteville the necessary right of way across our property, locar:c . west of the AIT building, for a future north - south extension of Gregg and or Park Street. 2 . Pleaseconsider this our irrevocable permission for the City - of ' �• Fayetteville to route traffic through our parking lots on a temporary basis in emergency situatious (pipe breakage, paving, etc.) . • E " 3 . Please consider this our commitment to continue to allow the . general public (patrons of the Walton Arts Center, UA Students, etc.), to pass through and to park on our lots during the weekdays. Sincerely, i r Dale peffdr Admin ' s rator I W . C . , M . D . , Elder t Jon ff. - llen , Elder, Pastor of Ministries . . - - 7 . 08 Southwestern Electric Power ComPanY w , ~ % Fayetteville , Arkansas August 27 , 1992 S i PSP' To whom it may concern : Southwestern Electric Power Company has no objection to the clo! ure of Vandeventer Street , between Maple and LaFayette Streets , in the City of Fayetteville , Arkansas , provided said right of way is retained as easement for the benefit of ,all utilities . Dennis R . Burrack Engineering Supervisor DRB : as ik i� r 9