HomeMy WebLinkAboutOrdinance 4252 FILED FOR RECORD
ORDINANCE NO.4252
AN ORDINANCE APPROVING VA00-6.00 TO VATAN17'� 2 yl
ABANDON A PORTION OF CITY RIGHT-OF-WAft4RMIr4 00 AR
AT OLD FARMINGTON RD., BETWEEN BEECHWg0lA-V, ,.1tSS
AND EASTERN AVE., SUBMITTED BY JOE AND ANGELA t
STEVENS.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public
grounds 3r 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 the
current 30' right-of-way as a general utility and access easement and dedication of a 15' utility
easemkiit&pted adjacent and parallel to the north side of the existing 30' right-of-way.
E t ; �
r ��AND APPROVED this 5h day of July , 2000.
APPROVED:
1
By
Fired Hanna, Mayor
ATTEST: /
By_ �/
Heather Woodruff, City Cler
ord 4252
EXHIBIT A E
EXHIBIT "A" JEs
LEGAL DESCRIPTION FOR VA 00-6
A part of the SW '/4 of the SE '/4 of Section 17, Township 16 North, Range 30 West,
City of Fayetteville, Washington County, Arkansas being more particularly described
as follows:
That portion of Old Farmington Road which extends from Beechwood Ave. to
Eastern Ave. along the South line of Lots 1 through 6 of the Sunset Addition, Block
1 , to the City of Fayetteville and along the North line of Parcels 1 , 2 and 3 of the
Mitchell Oil property as filed in deed book 881 at page 410 and in deed book 1053
at page 105, at the Circuit Clerk's office, Washington County, Arkansas, said portion
of road beginning at the SW corner of lot 1 of said Sunset Addition, Block 1 , (also
being the NE comer of the intersection of Old Farmington Rd. and Beechwood Ave.)
thence S 86°49'11 " E 340.82 feet; thence S 02°40'33" W 30.00 feet; thence N
86049' 11 W 340.71 feet; thence N 02°27156" E 30.00 feet to the point of beginning,
containing 0.235 acres, more or less, and subject to a 20 foot sewer easement to be
in effect and centered along the existing sewer main located within the vacated street
right-of-way and a 15 foot general utility easement along the south ling of the
vacated right-of-way encompassing existing utilities along said south line.
M
X
t. Kathleen Harness. Circuit Clark and Ex-officio
Recorder for Washington County, Arkansas, do hereby
certify that this Instrument was filed for record in my
office as Indicated norcon and tho same is now duty
recorded with the OckrIOWlodgement and certificate
thereon In Record BOON end peg* as Indicated thereon.
IN WITNO3 WHEREOF, 1 have hereunto set my
hand and aH&ed the lea! of oaid COurt en the date Indi-
cated harden,
Kathleen fitting
Clrauu Clark all dfo Race
by ��
NAME OF FILE: L// /�//lia GPi /1/D • �� S�J
CROSSREFERENCE:
Date Contents of File Initials
U
y X1-00
ORDINANCE NO.
AN ORDINANCE APPROVING VA00-6.00 TO
VACATE AND ABANDON A PORTION OF CITY
RIGHT - OF - WAY LOCATED AT OLD
FARMINGTON RD., BETWEEN BEECHWOOD
AVE. AND EASTERN AVE., SUBMITTED BY
JOE AND ANGELA STEVENS.
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
the current 30' right-of-way as a general utility and access easement and dedication of a 15' utility
easement located adjacent and parallel to the north side of the existing 30' right-of-way.
PASSED AND APPROVED this day of 92000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR VA 00-6
A part of the SW % of the SE '/< of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
That portion of Old Farmington Road which extends from Beechwood Ave. to Eastern Ave.
along the South line of Lots 1 through 6 of the Sunset Addition, Block 1 , to the City of
Fayetteville and along the North line of Parcels 1 , 2 and 3 of the Mitchell Oil property as filed in
deed book 881 at page 410 and in deed book 1053 at page 105, at the Circuit Clerk's office,
Washington County, Arkansas, said portion of road beginning at the SW corner of lot 1 of said
Sunset Addition, Block 1 , (also being the NE corner of the intersection of Old Farmington Rd.
and Beechwood Ave.) thence S 86°49' 11 " E 340.82 feet; thence S 02°40'33 " W 30.00 feet;
thence N 86'49' 11 W 340.71 feet; thence N 02127'56" E 30.00 feet to the point of beginning,
containing 0.235 acres, more or less, and subject to a 20 foot sewer easement to be in effect and
centered along the existing sewer main located within the vacated street right-of-way and a 15
foot general utility easement along the south ling of the vacated right-of-way encompassing
existing utilities along said south line.
•
Planning Commission Minutes
June 12, 2000
Page 2
CONSENT AGENDA:
- nom
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 11 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 II, 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. 61. 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
1 l Missouri Oaks Subdivision. The property is zoned R-2, Medium Density
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 004.00 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 00-06. 00
Page I
FPC Meeting of 12 June 00
AYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St, Street Right of Way Vacation
Fayetteville, AR 72701 Joe & Angela Stevens
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: June 8, 2000 (Revised June 12, 2000)
Project: VA 00-06.00: Vacation (Stevens,
for property located at 1629 Old Farmington Road. The reques521) was t ism
toe accated byothee 0' unimproved
street right of way for Old Farmington Road located between Beechwood Avenue and Eastern
Street.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows :
Ozarks Electric - No service in area.
Southwestern Electric Power Company - No objections provided that a 20 ' Utility Easement
and access is retained to "protect existing overhead facilities along both sides of the
existing street. it
Arkansas Western Gas - No objections provided that a 15 ' Utility Easement is retained "for
Lots 1 - 4, Block 1 , part of Sunset Addition parallel and adjacent to existing south
property line . Also, retain a 15 ' Utility Easement for Lots 5 & 6, Block 1 , part of
Sunset Addition, center of easement being located where first line is laid . "
SW Bell - No objections provided that easement rights are retained for the existing buried
cable in the right-of-way.
Cox Communications - No objections .
City of Fayetteville : !
Water/Sewer - No objections provided that the vacated right-of-way is retained as an utility
easement for the existing sewer line and future water line(s) . t
Street Department - No objections.
Solid Waste - No objections provided that the vacated right-of-way is retained as an access
easement for waste disposal vehicles, and is maintained in its current condition. (Originally the t
f this request, however, after meeting the applicant and
Solid Waste Division did not approve o
Planning staff on-site the above mentioned condition satisfies all requirements of the Solid
Waste Division. )
The applicant has submitted the adjacent property owner notification forms as required . All
adjacent property owners stated that they had no objection to the proposed vacation.
VA 00-06. 00
Page 2
Recommendation: Approval of street right of way vacation subject to the following
conditions:
1 . The existing 30 ' right-of-way shall be retained as a general utility easement.
2. A 26' (15 ') Utility Easement shall be dedicated that is located adjacent and parallel to
the north side of the 30 ' right-of-way.
south s* if Fil IRI —M... nd-raraffeH"-he
4. The existing 30 ' right-of-way shall be retained as an access easement and shall be
maintained in its current condition in order to provide an appropriate route for solid
waste disposal vehicles.
The changes noted above were made at the request of the petitioner and with the approval of
SWEPCO - the utility which originally made the easement requests.
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date: 6/12/00
CITY COUNCIL ACTION: yes Required
Approved Denied r
Date: f
Comments:
f
The "CONDITIONS OF APPROVAL" listed in this report are acce ted i
entity requesting approval of this right-of-way vacation. p n total without exception by the
Name:
Date:
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