HomeMy WebLinkAboutOrdinance 4305 "FiLED FOR RECORD
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ORDINANCE NO, 4305 WASHING t UN CO AR
& STAMPS
AN ORDINANCE APPROVING VAO1 -3 .00 TO VACATE
AND ABANDON THAT PORTION OF THE EXISTING APPLEBY
ROAD RIGHT-OF-WAY IN EXCESS OF THE MASTER STREET
PLAN REQUIREMENT, AS SUBMITTED BY BLEAUX BARNES
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 utility
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 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.
PASSED AND APPROVED this 3rd day of April, 2001 .
F F Y E rl. APPROVED:
A , ``` F.
Lk
By Dan Coody, May6r/
AT ST:
By
Heather Woodruff, CityC0k
2001051522
E
fp EXHIBIT A
EXHIBIT "A"
Area "A"
PART OF THE NEIA OF THE NEIA OF SECTION 34, T17N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NE CORNER OF THE S'/z OF SAID NEIA, NVA THENCE WEST
532.69 FEET, THENCE SOUTH 29.78 FEET TO THE POINT OF BEGINNING, THENCE
N88005'53"W 115.23 FEET, THENCE N8405911511W 131 .45 FEET, THENCE S7804813991E
196.99 FEET, THENCE N74029116"E 54.84 FEET, THENCE N00°09'11 "E 8.25 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS.
Area "B"
PART OF THE NEIA OF THE NEl/4 OF SECTION 34, T17N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NE CORNER OF THE S'/2 OF SAID NEIA, NEMA THENCE WEST
532.69 FEET, THENCE SOUTH 29.78 FEET, THENCE N88005153"W 115.23 FEET, THENCE
N84059'15"W 175.26 FEET, THENCE N8602815511W 44.48 FEET TO THE POINT OF
BEGINNING, N8602815511W 42.85 FEET, THENCE N8904515511W 180.85 FEET, THENCE
S22012'1 7"E 17.00 FEET, THENCE S8905014411E 34.99 FEET, THENCE N8600511711E 182.63
FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS.
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2001051523 "�
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for Washington county, /4!(,n,as, t'p h;q,b
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Indicated hor4pn s,iy V.3 SWi I.I r,,, ?,, :j"Lrj
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NAME OF FILE: Ordinance No. 4305
CROSS REFERENCE:
04/03/01 Ordinance No. 4305
Exhibit "A" (Legal Description of Area "A" and Area `B")
03/08/01 Engineering Division Correspondence to Planning Commission
Members from Ron Petrie
03/12/01 Planning Commission Minutes
02/19/01 Letter to City of Fayetteville Planning Department
03/08/01 Memo to Fayetteville Planning Commission Members thru Tim Conklin
from Ron Petrie
04/03/01 Staff Review Form
04/09/01 Departmental Memo from City Clerk
NOTES :
ORDINANCE NO.
AN ORDINANCE APPROVING VA01 -3 .00 TO VACATE
AND ABANDON THAT PORTION OF THE EXISTING APPLEBY
ROAD RIGHT-OF-WAY IN EXCESS OF THE MASTER STREET
PLAN REQUIREMENT, AS SUBMITTED BY BLEAUX BARNES
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 utility 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 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.
PASSED AND APPROVED this day of 2001 .
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
Area "A"
PART OF THE NE'/< OF THE NEV40F SECTION 34, T 17N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NE CORNER OF THE S % OF SAID NE%4, NE'/4 THENCE WEST
532.69 FEET, THENCE SOUTH 29.78 FEET TO THE POINT OF BEGINNING, THENCE
N88005'53 "W 115 .23 FEET, THENCE N84059' 1511W 131 .45 FEET, THENCE S7804813911E
196.99 FEET, THENCE N74°29' 16"E 54.84 FEET, THENCE N0000911 I "E 8.25 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS.
Area `B"
PART OF THE NE'/4 OF THE NEV40F SECTION 34, TI 7N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NE CORNER OF THE S % OF SAID NE'/4, NE%4 THENCE WEST
532.69 FEET, THENCE SOUTH 29.78 FEET, THENCE N8800515311W 115 .23 FEET, THENCE
N84959' 15 "W .175 .26 FEET, THENCE N8602815511W 44.48 FEET TO THE POINT OF
BEGINNING, N8602815511W 42.85 FEET, THENCE N89045'55 "W 180.85 FEET, THENCE
S22012' 17"E 17.00 FEET, THENCE S89050'44"E 34.99 FEET, THENCE N8600511711E 182.63
FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS .
ft
FAYETTEVILLE E
D
THE CITY OF FAYETTEVILLE, ARKANSAS C
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
ENGINEERING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Ron Petrie P.E., Staff Engineer
DATE: March 8, 2001
SUBJECT: Appleby Road Right-of-Way Vacation (VA 01 -03 .00)
The right-of-way that is proposed to be vacated was purchased by the City in 1983 and 1985 for
improvements to Appleby Road from Paul and Gena Martin. The western right-of-way area was
purchased by the City in 1983 for an AHTD project to construct the present bridge over Scull
Creek. The eastern right-of-way was purchased by the City in 1985 to widen Appleby Road and
to install a large storm pipe under the road. The check request forms and copies of the checks are
attached to this memo.
The following computations were used in determining the amount recommended for
reimbursement using a 6% compounded interest:
1983 RIGHT-OF-WAY PURCHASE:
Total Acreage Purchased - 0. 13 Acres
Total Purchase Price - $600.00
Price per Acre = $600.00/0. 13 Acres = $4,615 .38/Acre
Acreage Proposed to be vacated - 0.05 Acres
Total 1983 value = 0.05Acres($4,615 .38/Acre) = $230.77
Total 2001 value(17 years @ 6.0% interest) = $325.80
1985 RIGHT-OF-WAY PURCHASE:
Total Acreage Purchased - 0.24 Acres
Total Purchase Price - $ 1 , 107.00
Price per Acre = $ 1 , 107.00/0.24 Acres = $4,612.50/Acre
Acreage Proposed to be vacated - 0.07 Acres
Total 1985 value = 0.07Acres($4,612.50/Acre) = $322. 88
Total 2001 value( 15 years @ 6.0% interest) = $489.60
TOTAL RECOMMENDED REIMBURSEMENT = $815.40
Planning Commission
March 12, 2001
Page 2
Consent Agenda: P
Approval of minutes from the February 26, 2001 meeting. IV
VA 01 -03.00: Vacation (Bleaux Barnes, pp 250) was submitted by Bleaux Barnes for property
located along the south side of Appleby Road and to the west of the Quail Creek Subdivision. The
request is to vacate that portion of the existing Appleby Road right-of-way in excess of the Master
Street Plan requirement. See the attached maps and legal descriptions for exact dimensions of the
requested right-of-way vacation.
Odom: Welcome to the March 12, 2001 , meeting of the Planning Commission. The first item
that we have on tonight's agenda is the consent agenda. Items will be approved
without discussion unless a member of the audience or Planning Commissioner wishes
to remove one of those items for discussion. We have two items on the consent. The
first is the approval of the minutes of the February 26, 2001 , meeting. The second is a
Vacation 01 -3 .00 submitted by Bleaux Barnes for property located along the south
side of Appleby Road and to the west of the Quail Creek Subdivision. The request is
to vacate that portion of the existing Appleby Road right-of-way in excess of the
Master Street Plan requirement. See the attached maps and legal descriptions for exact
dimensions of the requested right-of-way vacation. Does any member of the audience
or a member of the Planning Commission wish to remove either of those items from the
consent agenda? Seeing none, we' ll vote consent agenda.
ROLL CALL:
Upon roll call, the consent agenda is approved by a unanimous vote of 7-0-0.
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Design Overlay District
Fayetteville City UrTits
Andrew Tunnell
3069 John Wayne Dr ,
Fayetteville , AR , 72701
Washington Regional Medical
1125 N . College
Fayetteville , AR , 72703
Apple Limited Partnership
P . O . Box 1174
Fayetteville , AR , 72702
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JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 FAYETTEVILLE, ARKANSAS 72703 (501) 442-9127 FAX (501) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S. THOMAS HENNELLY, P.E.
February 19, 2001
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701 P
D
Attn: Planning Dept.
Re: Appleby Estates Right-of-way Vacation
The owners of the Appleby Estates Subdivision are requesting that a portion of the
existing right-of-way for Appleby Drive be vacated. The owners would like to vacate the
right-of-way outside of the 35 ' from the centerline right-of-way that is shown on the
Final Plat for Appleby Estates & Quail Creek Phase III.
Thank you.
Sincerely; /�
�4 le. �u
Christopher B. Brackett, E.I.
• STRUCTURAL DESIGN 0 LAND DEVELOPMENT • WATER SYSTEMS 0 WASTEWATER SYSTEMS • LAND SURVEYING •
S
. VA 01-03.00
Page 1
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
PC Meeting of 12 March 01
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: March 8, 2001
Street Right of Way Vacation
Bleaux Barnes
Project: VA 01-03.00: Vacation (Bleaux Barnes, pp 250) was submitted by Bleaux Barnes
for property located along the south side of Appleby Road and to the west of the Quail Creek
Subdivision. The request is to vacate that portion of the existing Appleby Road right-of-way in
excess of the Master Street Plan requirement. See the attached maps and legal descriptions for
exact dimensions of the requested right-of-way vacation.
Findings: The applicant has submitted a final plat that is currently being reviewed by staff
and is scheduled to be reviewed by the Subdivision Committee on March 15, 2001. Upon
checking the property description it was discovered that the City owned right-of-way that was
not reflected on the subdivision plat. This right-of-way was purchased for widening and storm
pipe improvements. The right of way that is being requested to be vacated is in excess of the
Master Street Plan and is no longer needed. This vacation is necessary in order to continue
processing the subdivision as configured by the approved preliminary plat to preserve
buildable lots.
No objections have been noted from any utility company or City Division regarding this
vacation.
Recommendation: Approval of the proposed street right of way vacation with the following
conditions:
Conditions of Approval:
1. Reimbursement for the purchase of this right-of-way in the amount of $815.40. The City
purchased this right-of-way in 1983 and 1985 for street and drainage improvements to Appleby
Road.(See the attached memo from the Engineering Division).
2. The areas shown for the proposed right-of-way vacation shall be made a permanent
drainage easement.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
0 VA 01-03.00
Page 2
Date: / /
Comments:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of April 3, 2001.
FROM:
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED: To approve an ordinance for VA01-3.00, submitted by Bleaux
Barnes for property located along the south side of Appleby Road and to the west
of the Quail Creek Subdivision. The request is to vacate that portion of the
existing Appleby Road right-of-way in excess of the Master Street Plan
requirement.
COST TO CITY:
Cost of this request Category/Project Budget Category/Project Name
Account Number
Project Number
BUDGET REVIEW:
Budget Coordinator
Funds used to date
Remaining balance
Budgeted Item
Program Name
. Fund
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE
REVIEW:
Date
ACCeb tin Manager
City tto ney
Date
Date
Purchasing Officer
GRANTING AGENCY:
ADA Coordinator
Internal Auditor
Date
Date
a sawn nrLVI•Y•IGLYLNLIVLY[ 01aLL LCl:Ul1uuCllueL appLUVa1 dILU r' all111111j 1.V11LL1115J1Vfl
unanimously voted 7-0-0 to recommend and forward the vacation to the City
Council.
3—•6-a/
Date
Date
D t
3 0(
Date
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of April 3, 2001.
FROM:
Tim Conklin
Name
Planning
Division
Public Works
Department
ALTJVN xr:Wur;b'rau:
ro approve do oruludnce ror
Vrul-).uu,
suunuu.eu uy nleeux
Barnes for property
located along the
south side
of Appleby
Road and to the west
of the Quail Creek
Subdivision. The
request is
to vacate
that portion of the
existing Appleby
Road right-of-way
in excess
of the
Master Street Plan
requirement.
COST TO CITY:
$0
Cost of this request
Category/Project Budget Category/Project Name
Account Number
Funds used to date Program Name
Project Number
Remaining balance Fund
BUDGET REVIEW:
Budgeted Item Budget Adjustment Attached
Budget Coordinator
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager
Date ADA Coordinator Date
City Attorney
Date Internal Auditor Date
Purchasing Officer
Date
STAFF RECOMMENDATION:
Staff recommended approval and Planning Commission
unanimously voted 7-0-0
to recommend and forward the vacation to the City
Council.
Cross Reference
Division Head
Date
Department Director
Date New Item: Yes No
Administrative Services
Date Prev Ord/Res#:
Director
Mayor
Date Orig Contract Date:
FAYETTEVI?LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDEN
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: April 9, 2001
Attached is a copy of the ordinance approving vacation request VA 01-3.00. The original will be
microfilmed and filed with the City Clerk.
cc: Ed Connell, Engineering
Scott Caldwell, Info. Techn.
John Goddard, Info. Techn.