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HomeMy WebLinkAboutOrdinance 4251 V . ORDINANCE NO. <<, FILED FOR RECORD s 1 AN ORDINANCE APPROVING VA00-5 .00 T (yjRaTl@ A)}� ) DANDON A PORTION OF CITY RIGHT-OF-WAY LOCATED AT 205 WEST 6"' STREET AS SUBMITTED BY HARVEY LUTTRELL ftSt1#tfiTJM CA MIGGINS UNITED METHODIST CHURCH. K . HAR14ESS 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 right-of-way 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 of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described right-of- way: See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3. That the above is contingent upon receiving the following: Dedication of a 20' utility easement that is located adjacent and parallel to the Locust Ave. and Seventh Street right- of-ways, also dedication of any additional easements required to provide a minimum of 10' easements from the existing water and sewer lines. PASSED AND APPROVED this 5h day of July , 2000. ` 6 APPROVED: By e Fr d Hanna, Mayor ATT'EST// By � �L^ �� e' 'Heather Woodruff, City Cler�/ ®® - * ord 4251 ExH ,DEscR EXHIBIT A EXHIBIT "A" A part of the SW '/. of the SE '/, of Section 16, Township 16 North, Range 30 West and beginning at a point on the right of way of Seventh Street 15 .0 feet North of the SE corner of said 40 acre tract; thence North along the West side of Lot 6, Block 28, Jenning's Addition, 35.0 feet; thence N 89°35'01 " W, 180.0 feet to the SW corner of Lot 5, Block 2, Ferguson's Addition; thence North, 230.0 feet; thence N 89° 35'01 " W, 20.39 feet; thence S 01 ° 10'50" W, 249.86 feet; thence on a curve to the left, having a radius of 15 .0 feet, a distance of 23 .76 feet; thence S 89035'01 " E, 190.65 feet to the point of beginning and subject to a 20 foot wide utility easement along the Scuth and West sides thereof. M x 00 ��G11fr I, KathleenH unatto bitcull Glgrk and Fx-officio Recorder for Washington Gdunty, Arkansas, cE hereby certify that this ku"tumont *23 filed for record In my office as indicated Hereon and the same Is now duly recorded with the acknOWIadgsmehi and certificate thereon in Raoord Book and Page as Indicated thereon. IN WITNESS WHEt?g'aF, I have hereunto set my hand and affixed the goal of said Court on the date indi- cated hereon. Kathleen Harness Circuit Clerk and Ex H' to Recorder A A NAME OF FILE: D/y� �_�e �/O • �z ✓�� CROSS REFERENCE: Date Contents of File Initials A222:2 a,le5Z 7- - � _ A ORDINANCE NO. AN ORDINANCE APPROVING VA00-5.00 TO VACATE AND ABANDON A PORTION OF CITY RIGHT-OF-WAY LOCATED AT 205 WEST 6TH STREET AS SUBMITTED BY HARVEY LUTTRELL ON BEHALF OF WIGGINS UNITED METHODIST CHURCH. 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 right-of-way 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 of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described right- of-way: See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3. That the above is contingent upon receiving the following: Dedication of a 20' utility easement that is located adjacent and parallel to the Locust Ave. and Seventh Street right-of-ways, also dedication of any additional easements required to provide a minimum of 10' easements from the existing water and sewer lines. PASSED AND APPROVED this day of 92000. APPROVED: By Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" A part of the SW '/< of the SE '/< of Section 16, Township 16 North, Range 30 West and beginning at a point on the right of way of Seventh Street 15 .0 feet North of the SE comer of said 40 acre tract; thence North along the West side of Lot 6, Block 28, Jenning's Addition, 35 .0 feet; thence N 89°35'01 " W, 180.0 feet to the SW comer of Lot 5, Block 2, Ferguson's Addition; thence North, 230.0 feet; thence N 89°35'01 " W, 20.39 feet; thence S 0I ° 10'50" W, 249.86 feet; thence on a curve to the left, having a radius of 15 .0 feet, a distance of 23 .76 feet; thence S 89035101 " E, 190.65 feet to the point of beginning and subject to a 20 foot wide utility easement along the South and West sides thereof: Planning Commission Minutes C0719 June 12, 2000 Page 2 CONSENT AGENDA: Approval of minutes from the May 22, 2000 meeting. AD 00-17.00: Administrative Item (Garroutte, pp 137) was submitted by Rick Garroutte for property located at 2108 & 2110 Cinnamon Way, lot 1 I Missouri Oaks Subdivision. The property is zoned R-2, Medium Density Residential. The request is for a triplex on a lot that was limited to a duplex by the final plat. LSD 00-7.10: Large Scale Development/P.U.D. (Indian Springs phase Il, pp 372) was submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Sweetser Properties for property located south of Hwy 45 and west of Madison Drive. The property is zoned R- 1 , Low Density Residential and contains approximately 3 .20 acres with 18 units proposed. VA 00-4.00: Vacation (Millsap Road Investment, pp 213) was submitted by Henry Kelly, Jr. of Millsap Road Investments for property located at 655 Millsap Road. Lot 19 of CMN Business Park Phase I. The property is zoned C-2, Thoroughfare Commercial and contains approximately 2.58 acres. The request is to vacate a portion of an existing water line easement within lot 19. VA 00-5.00: Vacation (Wiggins Memorial United Methodist Church, pp 523) was submitted by Harvey Luttrell on behalf of Wiggins Memorial United Methodist Church for property located at 205 W. 6'. The property is zoned R-2, Medium Density Residential and contains approximately 0. 18 acres. The request is to vacate a portion of the City right of way. VA 00-6.00: Vacation (Stevens, pp 521) was submitted by Joe and Angela Stevens for property located on Old Farmington Road between Beechwood and Eastern. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.23 acres. The request is to vacate a portion of Old Farmington Road. Odom: Good evening and welcome to the June 12, 2000 meeting of the Fayetteville Planning Commission. The first thing that needs to be brought to everyone's attention is that at the Agenda Session, Item 6 that is on the agenda, AD 00-19.00 Administrative Item appeal of the Floodplain Development Permit and Grading Permit for LSD 00-5 Steele Crossing has been pulled from the agenda and will instead be heard at a special Planning Commission Meeting a week from today, June 19, 2000 at 5 :30 pm here in this room. We have five items on the consent agenda today. The first item is the approval of the minutes of the May 22, 2000 meeting. The second is AD00- 17 submitted by Rick Garroutte, and I apologize if I pronounced that wrong, for property located at 2108 & 2110 Cinnamon Way, lot I I Missouri Oaks Subdivision. The property is zoned R-2, Medium Density k i Planning Commission Minutes June 12, 2000 Page 3 Residential. The request is for a triplex on a lot that was limited to a duplex by the final plat. Item two is LSD 00-7. 10 submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Sweetser Properties for property located south of Hwy 45 and west of Madison Drive. The property is zoned R- 1 , Low Density Residential and contains approximately 3 .20 acres with 18 units proposed. The third item is VA 00-4.00 submitted by Henry Kelly, Jr. of Millsap Road Investments for property located at 755 Millsap Road. Lot 19 of CMN Business Part, Phase I. The property is zoned C-2, Thoroughfare Commercial and contains approximately 2.58 acres. The request is to vacate a portion of an existing water line easement within lot 19. Item number 4 is VA 00-5.00 submitted by Harvey Luttrell on behalf of Wiggins Memorial United Methodist Church for property located at 205 W. 6" . The property is zoned R-2, Medium Density Residential and contains approximately 0. 18 acres. The request is to vacate a portion of the city right-of-way. The fifth item on the consent agenda is VA 00-6.00 submitted by Joe and Angela Stevens for property located on Old Farmington Road between Beechwood and Eastern. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.23 acres. The request is to vacate a portion of Old Farmington Road. These items on the consent agenda will be approved by the Commission unless a member of the Commission or the audience wishes to pull an item to discuss it individually. PUBLIC COMMENT & COMMISSION DISCUSSION: Odom: Does any member of the Commission or the audience wish to pull any of the items on the consent agenda? Marr: Mr. Chair, just a question. Is the only change on item three which we received a revised copy? Odom: Item three, there was a change by the staff and it is my understanding there was an agreement by the applicant that that change was acceptable. Conklin: That is correct. We do have signed conditions of approval on every consent item on the agenda. Odom: Any further questions? Call the Roll. ROLL CALL: Upon roll call the motion to approve the consent agenda carries unanimously 9-0-0. VA 00-05. 00 Page PC Meeting of 12 June 00 FAYETTEVILLE THE CITY OF FAYETTEVrLLE, ARKANSAS StreetRightof Way Vocatiov 113W. Mountain St. .. .. _ Wiggins Memorial United Methodist. Church Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer DATE: June 8, 2000 Project: VA 00-05.00: Vacation (Wiggins Memorial United Methodist Church, pp 523) was submitted by Harvey Luttrell for property located at 205 West Sixth Street. The request is to vacate a portion of the street right of way along Locust Avenue and Seventh Street. See the attached maps and legal descriptions for exact dimensions for the requested right-of-way vacation. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows : Ozarks Electric - Not applicable . Southwestern Electric Power Company - No objections. Arkansas Western Gas - No objections provided that a 20' Utility Easement is retained "adjacent and parallel to Locust Avenue and Seventh Street. " SW Bell - No objections . Cox Communications - No objections . City of Fayetteville: Engineering - No objections provided that the vacation description be rewritten to exclude the northern 20' of the right-of-way vacation that is shown to extend into the existing sixth street right-of-way . Water/Sewer - No objections provided that easements are retained a minimum distance of 10' from all water & sewer lines . This includes the 12 " sewer line along seventh street and the 8 " water along Locust Avenue . Street Department - No objections . Solid Waste - No objections . Recommendation: Approval of street right of way vacation subject to the three (3) conditions listed below. 1 . Provide a revised right-of-way vacation description that excludes the northern 20' of right- of-way along Locust Avenue that extends into the sixth street right-of-way. 2 . A 20' Utility Easement shall be dedicated that is located adjacent and parallel to the Locust VA 00-05. 00 � • Page I Avenue and Seventh Street right-of-way . 3 . Dedicate any additional easements required to provide a minimum of 10' of easement from the existing water & sewer lines . PLANNING COMMISSION ACTION: ... yes . Required . .. . Approved Denied Date: Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date: The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total athout exceptio by the entity requesting approval of this development item, Xy tale — / Z — Zean date SURVEY Ff1R 0 iron found Ti1GGINS UNITED METHODIST CHURCH e Iron set .e Power pole Fayetteville , Arkansas • Nater sear I . /60 ' • • • • .. •••_.• . . 922Ta BYaaa} :p 'ft. e....enc I we 1 Lost I lilt I.ot 2 Int 2 — ° o rnumn Duuamq i e io Loa 3 Lot 3 $ ra "SOx'a ADDITION X (SS1 e < S ' O • ° bt 4 b[ t LI ° Inmt 5 Lot S bo.o' so' +o. 2 I •x r , F f' e r Lost 6 20 fL easement ffSIMON /w 'r'irr� au+e S- 99f 3s= 0/'CE —24-01" -__ }--f bung �-- .. ... L ssvePrx sxsraT —� — SE " , 54. 7 — CrLV toot 1 20' ,{y Sd 11 La.a ' , BLOCK 3 . 2 9s' I Lur 2 DESCRIPTION: Al of Block /2 of Farguson ' s Addition to the City Of Fayetteville, Arkansas , as per plat of Said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of shington Countyo Arkansas Fayetteville ,, Arkansas , tonrelinquish the uothd a e ity ofSouth and West of Said Block Y2 that has been used and considered by present and past owners as a part of Block B2 and outside the Right of Way of Seventh Street on the South and Locust Avenue on the West being described as a part of the SW} Of the SE} tt11111111111,1ffff of Section 16 , Township 16 North, Range 30 West and beginning AG�STER�c /4 of the oSEtCorner the ofisaidght o40Wacreay ftract ; thence allorth ,0 alongfast North . " d w6 the West side of Lot /6 , Block 828, Jenning ' s Addition , 35 . 0 �@ SPATE OP feet ; thence N-89 °-35 ' - 01 "-N, 180 . 0 feet to the SW Corner of f• ARKANSASz Lot d5 , Block 92 , Ferguson ' s Addition ; thence North , 250 . 0 feet to the NW Corner ofLot N1 , Block N2 , Ferguson ' s Addition ; thence _ No-W-351 -01 "..w. 19 . 98 feat ; thence S-19-10 ' -50"-W, 269 . 86 feet; thence on a curve to the left, having a radius of 15 . 0 feet , a distance of 23 . 76 feet ; thence S-896-350 -01 "-E, 190 . 65 feet .e � •, a�,:' 2� to the point of beginning and subject to a 20 foot wide utility ,bel`//2l,�fP�� D. -Lw,,.•' C�J easement along the North , South and West sides thereof . qjt��l [. Il1t`1933sCERTIFICATION: This is to certify that the above described property has been 0• UJT (. RU ft surveyed and that this plat conforms 1S yea AR WA #16 to that survey . Surveyed �a Surveyed and platted March 24 , 2000 . 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