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HomeMy WebLinkAboutOrdinance 4324A i !- fu FOR RECOF; O Ol HUG 15 PM 2 08 WASHIfiG i vir CO A ORDINANCE NO 4324 -A B. STAMPS �i AN ORDINANCE APPROVING VA01 -5 .00 TO VACATE AND ABANDON AN UNDEVELOPED 40' WIDE RIGHT- OF-WAY TO THE EAST AND NORTH OF 10 NORTH GARLAND AVENUE, LOTS 400-402, OAK PARK PLACE SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY ED CONNELL, CITY LAND AGENT FOR THE CITY OF FAYETTEVILLE. 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 waterline easement: 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 52001 . APPROVED: By r a' Dan Coody, Mayor ATTEST: By Heather Woodruff, City Of& 2001 098 '( 76 �- Ord . 4324 - 14 EXHIBIT "A" Right-of-Way Description AN UNIMPROVED PLATTED ROAD RIGHT-OF-WAY, BEING LOCATED IN A PART OF THE SOUTHWEST QUARTER (SW'/4) OF THE NORTHWEST QUARTER (NW'/4) OF SECTION SIXTEEN (16), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST AND BEING A PART OF THE J.H. McILROY'S UNIVERSITY ADDITION AND OAK PARK PLACE ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID ROAD RIGHT-OF-WAY BEING VACATED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE SOUTHEAST CORNER OF LOT NO. 17 OF J .H. McILROY'S UNIVERSITY ADDITION TO THE CITY OF FAYETTEVILLE AND RUNNING THENCE SOUTH 63008'50" WEST 118 .65 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF WEST CENTER STREET (UNDEVELOPED) TO A POINT; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE NORTH 61045'48" WEST 161 .00 FEET TO A POINT; THENCE SOUTH 73002'27" WEST 61 .00 FEET TO A POINT ON THE EAST RIGHT-OF- WAY LINE OF GARLAND AVENUE; THENCE ALONG THE EAST RIGHT-OF-WAY OF GARLAND AVENUE NORTH 02047'27" EAST 42.50 FEET; THENCE LEAVING THE EAST RIGHT-OF-WAY LINE OF GARLAND AVENUE NORTH 73002'27" EAST 42.22 FEET; THENCE NORTH 23030'50" WEST 90.03 FEET TO A POINT ON THE EAST RIGHT- OF-WAY LINE OF GARLAND AVENUE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE OF GARLAND AVENUE NORTH 02047'27" EAST 90.26 FEET TO A POINT; THENCE LEAVING THE EAST RIGHT-OF-WAY LINE OF GARLAND AVENUE SOUTH 23030'50" EAST 193 .35 FEET; THENCE SOUTH 60° 13'21 " EAST 96.36 FEET; THENCE SOUTH 86°58' 17" EAST 134.53 FEET TO THE POINT OF BEGINNING AND CONTAINING 17,800 SQUARE FEET (0.409 ACRE), MORE OR LESS, BEING SUBJECT TO A TEN ( 10) FOOT WIDE PERMANENT WATERLINE EASEMENT, SAID EASEMENT BEING EAST OF, PARALLEL WITH AND CONTIGUOUS TO THE EAST RIGHT-OF-WAY LINE OF GARLAND AVENUE IN THE AREAS THAT ARE VACATED HEREIN. TO THE CONTRARY NOTWITHSTANDING, IT IS INTENDED THAT THE RIGHT-OF-WAY TO BE VACATED AND DESCRIBED HEREINABOVE SHALL EXTEND TO AND CORRESPOND WITH THE PROPERTY LINES OF THE ABUTTING PLATTED LOTS. 20010981 'i ? I, Bene Siampe, Clrcun nark and Fx�fReo Raw d€r is Weshlnpton County, Arkansas, do harahy wify that this Instrument was Riad far record in my o5w as Indloated hereon and the lama Is n 4 duly mwdad Win the acknowledpament and oarSRcsa;e th®raen In Record Book and Rape as Ind!cxtad therron. IN WITNESS WWEREQR, I have hsreurt2 eat my hand and efRxed the seal of said Court on Via data indl- cated hereon. Betty &pd Circuit I Ek-olRclo Recorder �r NAME OF FILE: Ordinance No. 4324-A CROSS REFERENCE: 06/19/01 Ordinance No. 4324-A 06/19/01 Exhibit "A" (Right-of-Way Description) 06/19/01 Copy of Warranty Deed 06/19/01 Copy of Exhibit "A" to Warranty Deed (property description) 05/29/01 Planning Commission Minutes (Pgs. 4-7) 05/23/01 Memo to Fay. Planning Commission Members 10/ 16/01 Agreement with the Board of Trustees of the University of Arkansas 06/19/01 Staff Review Form NOTES: ' Parcel No. 765- -0oo WARRANTY DEED MUNICIPAL CORPORATION BE IT KNOWN BY THESE PRESENTS: THAT the CITY OF FAYETTEVILLE, ARKANSAS, a municipal cor- poration, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Board of Trustees of the University of Arkansas, a public institution of higher education in the State of Arkansas, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to- wit: SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this �� day of 12001 . CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation BY: Dan Coody, Mayor ATTEST: HAher Woodruff, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dan Coody and Heather Woodruff, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. m Inmtuu WITNESS m \d A�A� un. f:,on this 0_2 I_ day of U 14 5`� 2001 . a O0� < `a �� ? _ I ✓ Notary Public MY COMMISSIXPIRES: �yuuAA1µ p \� EXHIBIT "A" TO WARRANTY DEED PROPERTY DESCRIPTION An unimproved platted road right of way, located in a part of the Southwest Quarter (SW'%) of the Northwest Quarter (NW%) of Section Sixteen (16), Township Sixteen (16) North, Range Thirty 0 (30) West and being a part of the final plats of the J. H. Mcllroy's University Addition and the Oak Park Place Addition to the City of Fayetteville, Washington County, Arkansas, said road right of way having been vacated by Ordinance VA 01 -5.00 on June 19, 2001 by the Fayetteville City Council , said vacated lands more particularly described as follows: Beginning at the Southeast corner of Lot No. 17 of J. H. Mcllroys University Addition to the City of Fayetteville and running South 630 08' 50" West 118.65 feet to the Northeast line at the Southeast corner of Lot No. 402 of the Oak Park Place Addition to the City of Fayetteville; thence along the Northeast line of Lot No. 402 North 610 45' 48" West 161 .00 feet to a point on the North line of Lot No. 401 , thence along the North line of a part of Lot 401 and all of Lot No. 400 South 730 02' 27" West 61 .00 feet, more or less to the East right of way line of Garland Avenue; thence along the East right of way line of Garland Avenue North 02° 47' 2T' East 42.50 feet to the Southeast line of Lot No. 24 of J. H. Mcilroy's Addition to the City of Fayetteville, Arkansas; thence along the Southeast line of said Lot No. 24 North 730 02' 27" East 42.22 feet to the Southeast corner of said Lot 24; thence along the Northeast line of said Lot No. 24 North 230 30' 50" West 90.03 feet, more or less, to a point on the East right of way line of Garland Avenue; thence along the East right of way line of Garland Avenue North 020 47' 27" East 90.26 feet to a point on the West line of Lot No. 21 of the said J. H. Mcllroy's Addition; thence leaving the East right of way line of Garland Avenue and running along the Southwest line of Lots 21 , 20 and part of Lot 19 of said addition South 230 30' 50" East 193.35 feet; thence along the Southwest line of a part of Lot No. 19 South 600 13' 21 " East 96. 36 feet; thence South 860 58' 1T' East 134.53 feet along the South lines of part of Lot No. 19, all of Lots No. 18 and 17 to the Point of Beginning and containing 17,800 square feet (0.409 acres), more or less, subject to a 15 foot general utility easement East of and adjacent to Garland Avenue on those portions of this description that are adjacent to Garland Avenue. SIGNED FOR IDENTIFICATION: BY: ATTESTDan Coody, Mayor Heather`Woodruff, City Clerk ��� Lot 21 ' s Lot 20 oQ (Lots 1 -24) 7 5- 11639 000 Lot 19 Lot 18 of 2 Lot 17 Lot 16 J. H. Me troy 'versi S/D �a 066 Uni ersity ope �ee� 765-09309-000 134. 3 tiets �1 > (Lots 400-402) ;66 QI 765-09317-000 �'!Q cJs3g654, CS% J oo Gee s� d Ave. , '�iok �G $ Co 1 5 University Prope03 C7 ZG�eb l 1 � 765-093 -OAazlj VV Lot 118 Title: Univ. of Arkansas Undeveloped ROW Vacation Date: 03-1 -2001 Scale: 1 inch = 92 feet File: UoA Gar4.des Planning Commission May 29, 2001 Page 4 New Business: VA O1-5.00: Vacation (University of Arkansas, pp 483) was submitted by Edward Connell of the City of Fayetteville on behalf of University of Arkansas for property located east and north of 10 N. Garland Avenue, between Lots 17-24 McIlroy's University Addition and Lots 400-402 of Oak Park Place Addition. The property is zoned R- 1 , Low Density Residential and contains approximately 0.409 acres. The request is to vacate undeveloped street right of way. Estes: The next item of business to come before the Commission is also a Vacation 01 - 5 .00 University of Arkansas submitted by Edward Connell of the City of P Fayetteville on behalf of University of Arkansas for property located east and north of 10 N. Garland Avenue, between Lots 17-24 McIlroy' s University Addition and Lots 400-402 of Oak Park Place Addition. The property is zoned R- 1 , Low Density Residential and contains approximately 0.409 acres. The request is to vacate undeveloped street right of way. Staff recommends approval of the proposed street right-of-way vacation. The University of Arkansas has recently purchased all tracts of land adjacent to this undeveloped street right-of-way . In exchange for this right-of-way vacation the University has agreed to provide "the City with a credit in the amount of $26,700.00 to be used by the City only in any future land negotiation between the two parties. . . . " Is the applicant present? Petrie: Ed Connell is a Land Agent out of the Engineering Division. Mr. Connell is on vacation this week. I'll be glad to answer any questions or give a quick presentation if you like. Estes: Commissioners do you have any questions of Mr. Petrie regarding this requested vacation? Hoffman: Is the amount of $26,700 in credit, is that based on a square foot appraisal of the land being vacated? Petrie: It comes out to $ 1 .50 per square foot. It's my understanding that figure was determined from the recent purchases by the University of Arkansas of the adjacent property, they used that to determine that amount. Estes: Any other questions of Mr. Petrie? Mr. Petrie, the credit in the amount of $26,700, is that something that is anticipated to be used sometime within the next six months? My concern is, if this is a credit that will exist in perpetuity and never be used, I would like to see cash in lieu of credit. What are the plans for the use of this credit? Planning Commission May 29, 2001 Page 5 Petrie: I think six months would be very unlikely. There are some ongoing negotiations which we certainly hope will come out in our favor in trying to acquire the land that the Lewis Park is on that we are presently leasing from the University and there are also some negotiations on Garland Avenue for additional widening for a boulevard and trails to be placed on that planned project on the University of Arkansas campus. Those are the two ongoing negotiations but the six months I really doubt. Estes: Would it be anticipated that this credit would be used by the City within less than two years? Petrie: It would certainly be hard to guarantee that but it would be our hope that it would. I 've discussed this with University officials today and they could give me no other guarantee themselves about when it would be used. I 'm sorry I really don't have any more information. Estes: Any other questions from Commissioners? Hoffman: If we are worried about keeping tract of it can we put it on the warrant deed that's filed and then have it removed after it's used? Petrie: I'm not too sure. Ed would be more familiar with that. Hoffman: I'm not real sure how the wording of warranty deeds is composed but if that could be an addendum that's put on the deed and then removed. Conklin: This is a recommendation to City Council and between now and City Council I 'm sure we' ll get with Ed and our City Attorney and see what can be placed on the deed. Marr: How often do we do land negotiations with the University, if you look at the last 5 years? Petrie: I don't have the history for the last five years. Marr: An estimate. Conklin: I can't think of any. Kit, can you think of any? Williams: No, I can't but in talking to Ed Connell about this, there are ongoing negotiations that our City Engineering Department, Ron Petrie has told you about. I think the Planning Commission May 29, 2001 Page 6 City does anticipate doing some land negotiation with the University in a fairly near term. As Ron said, we can't guarantee it' s going to be done in two years. We do think that the City will be using this credit within the next couple of years most likely. That' s about as much as I know. I've talked with Mr. Connell about this but that's about as much as I know about it. PUBLIC COMMENT: Estes: Is there any member of the audience that would like to provide public comment or make a presentation regarding this requested vacation? COMMISSION DISCUSSION: Estes: Seeing none, I' ll bring it back to the full Commission for motions, discussions, any further questions of staff. MOTION: Hoffman: I ' ll make a motion to approve this vacation and forward it on to City Council with the further recommendation that we develop a strategy to keep track of the credit. Estes: There is a motion by Commissioner Hoffman, is there a second? Marr: I'll second. Estes: Is there any discussion? Marr: I hesitate to second it. I want to support City staff initiatives but it concerns me that we are going to take a credit for land that nobody can remember in the last five years having any negotiations with them. Assuming we'll use this against future, I ' ll support it. Williams: If you look at the map on page 2.3, you can see that this is undevelopable land if the City ever tried to do anything with it except build a street. Certainly it's best use will be to combine it with the University property and let them develop it in conjunction with other property they purchased. I think that was another reason that staff recommends that we go ahead and transfer or vacate it to the University for a credit because I don't think, in realistic terms, the City has any real use for this land. Estes: We have a motion by Commissioner Hoffman, second by Commissioner Marr, is Planning Commission May 29, 2001 Page 7 there any further discussion? Would you call the roll please? ROLL CALL: Upon roll call VA 01 -5.00 is approved by a unanimous vote of 6-0-0 and will be forwarded to City Council for consideration. VA 01-05. 00 Page I PC Meeting of 29 May 01 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Street Right of Way Vacation 113 W. Mountain St. University of Arkansas Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer DATE: May 23, 2001 Project: VA 01-05.00: Vacation (University of Arkansas, pp 483) was submitted by Ed Connell , City Land Agent, for property located at 10 North Garland Avenue, Lots 400-402, Oak Park Place Subdivision. The request is to vacate the undeveloped 40' wide right of way to the east and north of the above address and Lots 17-24 McIlroy 's University Addition. See the attached maps and legal descriptions for exact dimensions for the requested right-of-way vacation. P The University of Arkansas has recently purchased all tracts of land adjacent to this undeveloped street right-of-way . In exchange for this right-of-way vacation the University has agreed to provide "the City with a credit in the amount of $26,700.00 to be used by the City only in any future land negotiation between the two parties. . . . " 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 . SW Bell - No objections . Cox Communications - No objections . City of Fayetteville: Water/Sewer - No objections . Street Department - No objections . Solid Waste - No objections . Recommendation: Approval of the proposed street right of way vacation. PLANNING COMMISSION ACTION: Required Approved Denied Date: / /