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Home My WebLink AboutOrdinance 4305 "FiLED FOR RECORD ' 01 N 8 PM 2 44 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. m x 2001051523 "� r I, Salta Stamps, Clroott Dior# end EX•p�piO Repordsr for Washington county, /4!(,n,as, t'p h;q,b that this Instn,mont wsa e, I' *; tt7rp,.t !n my c:r;�a� � Indicated hor4pn s,iy V.3 SWi I.I r,,, ?,, :j"Lrj with 'he apknoNlad�,, rcnt and xrr.� ;.,�'n r•.c .,n In Record Book "n NON a.; irii-.c6 Ed ?lie" . hand ondla:� ;rr�CF•i 1',',!e'�(4aF, 1 ha��, �f.,,,:n•n ;nr Jr oat hpr '' tha eda: N said 0"'r, on tn: c.,:o inu- ed rpn. BpthfStamps Clrprlt arf ' d acpriGo R-:- oder by 9 9 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. VA01 -3 App%by ( lots 1 & ?8) Close Up Al Al G2 G \ i G2 0 Q R-0 XV A 1 0 1 Al Al 0 + Subject Vacations R0 o0 APPLAE-By 0 � R- 1 . 5 Y(---� w Q,� w R1 � � �I �; I Ocio U Al � a JJ R-2 � � d � ❑ ate R- 1 . 5 R2O [�1 C3 - R- 1 . 5_ _ ! Z„Jf„ p R R 1 . 5 - - - - - o � a RIPP� 0R 1 . 5 1:3 ff7q- E-K /O i ( � � � Fni Master Street Plan Freeway/FExpressway W E Principal Arterial 200 0 200 400 Feet • , MnorArterial Collector S Historical Collector N Structures (1998) VA01 -3 Appl ^ ( lots 1 & 18) CIRe Mile Radius IPI . . •- G210 � •� AA ISL A- 1 r ` G2 fix PPI Subject Vacactions A 1 IL/ , „ Zi --�: _._ 11 APPLEBY Qi Cr-2 ' I � S ; I A 1 Al EAD • U R-2 1 i I Master Street Plan \/ Freeway/Expressway Principal Arterial W E • Minor Arterial i Collector 0.2 0 0.2 0.4 Miles Historical Collector �' — s 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 • � w 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 •