HomeMy WebLinkAboutOrdinance 4531 ORDINANCE NO. 4531
AN ORDINANCE APPROVING VAC 03- 12.00 TO VACATE AND
ABANDON A PORTION OF 4"' STREET RIGHT-OF-WAY, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS
DESCRIBED ON THE ATTACHED MAP AND LEGAL
DESCRIPTION.
WHEREAS, a petition was duly filed with the City of Fayetteville, Arkansas, on the September 22,
2003, asking the City Council to vacate and abandon all that portion of the 4b Street right of way designated
on City Plat Page 524 now appearing of record in the office of the Circuit Clerk of Washington County; and
WHEREAS, after due notice as required by law, the council has, at the time and place mentioned in
the notice, heard all persons desiring to be heard on the question and has ascertained that the street, or the
portion thereof, hereinafter described, has been dedicated to the public use as a street; has not been actually
used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all
the owners of the property abutting upon the portion of the street to be vacated have filed with the City
Planning Office their written consent to the abandonment; and that public interest and welfare will not be
adversely affected by the abandonment of the street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . The City of Fayetteville, Arkansas releases, vacates, and abandons all its rights, together
with the rights of the public generally, in and to the street designated as follows:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. A copy of the 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 this Vacation approval is subject to the conditions of approval listed in the staff
report and Planning Commission recommendation as described in Exhibit "B" attached hereto and made a
part hereof.
pV E i /F PASSED and APPROVED on this the 2°" day of December, 2003 .
F
APPRO7,0
By:
N GOODY, Mafyf�
>I9X4 + OL1
SONDRA SMITH, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 006814150004 TVDe . REL
Recorded : 12/29/2003 at 10 : 02 : 00 AM
Fee Amt : $17 . 00 pace 1 of 4
Mashinaton countv . AR
Bette stamos circuit clerk
File2003-00064827
EXHIBIT "A"
VAC 03-12.00
A PART OF THE SW 1/40F THE SW /40F SECTION 15, T- 16-N, R-30-W, AND BEING THAT
PORTION OF A PERPETUAL EASEMENT TO THE CITY OF FAYETTEVILLE FILED FOR
RECORD IN BOOK 913 AT PAGE 863 IN THE RECORDS OF THE CIRCUIT CLERKS
OFFICE IN WASHINGTON COUNTY, ARKANSAS TO BE VACATED, SAID VACATION
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW
CORNER OF SAID 40 ACRES TRACT IN SAID SECTION, RUN THENCE N00005 '46"E
(NORTH) 841 .5 FEET (51 RODS) AND THENCE S89°54' 14"E (EAST) 348 .90 FEET (20
RODS) TO THE NW CORNER OF SAID EASEMENT AND THENCE S90000100"E 5 .36 FEET
TO THE TRUE POINT OF BEGINNING OF SAID VACATION. THENCE N90000'00"E 47.77
FEET; THENCE S78°24'46"E 88.47 FEET; THENCE SOUTHEASTERLY ALONG A CURVE
TO THE LEFT HAVING A CHORD BEARING OF S88052313"E AND A RADIUS OF 60.00
FEET AND AN ARC LENGTH OF 21 .90 FEET; THENCE S85°55 '06"E 11 .63 FEET;
THENCE S65027721 "E 11 .98, FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO
THE LEFT HAVING A CHORD BEARING OF S76002107"E AND A RADIUS OF 118.41
FEET AND AN ARC LENGTH OF 29.99 FEET; THENCE S83° 17'28"E 98.68 FEET TO THE
WEST R/W LINE OF WILLOW STREET; THENCE S00°00'00"W 7.25 FEET TO THE SE
CORNER OF SAID RECORDED EASEMENT; THENCE LEAVING SAID WILLOW R/W
THENCE S90000'00"W 311 . 10 FEET TO THE EAST R/W OF WASHINGTON STREET;
THENCE NORTH ALONG SAID R/W N00000100"E 36.38 FEET; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF
N21028708"E AND A RADIUS OF 20.00 FEET AND AN ARC LENGTH OF 14.99 FEET TO
THE POINT OF BEGINNING LEAVING IN FORCE THE REMAINING PORTION OF SAID
EASEMENT NOT CONTAINED IN THIS DESCRIPTION.
EXHIBIT "B"
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 w. Mountain St.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP. Zoning & Development Administrator
FROM: Jeremy Pate, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: October 9, 2003
Project: VAC 03-12.00: Vacation (Combs St. Church of Christ), pp 524 was submitted
by Combs St. Church of Christ for property located at 350 S. Combs Street. The property is zoned
RMF-24. The request is to vacate a portion of street right of way.
Findings: See the attached maps and legal descriptions for the exact locations of the requested
right of way vacation.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the City.
The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections.
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections.
Cox Communications No Objections.
City of Fayetteville:
Water/Sewer See attached comments.
Transportation No Objections
Solid Waste No Objections
Engineering No objections - See Conditions of
Approval
Recommendation: Approval of the proposed right of way vacation 03- 11 .00 subject to the
following conditions.
Conditions of Approval:
1 . Any relocation of existing utilities will be at the owner' s expense.
2. The right of way to be vacated shall be replaced with a general utility easement for the
entire area excluding the portion occupied by the existing structure.
PLANNING COMMISSION ACTION: yes Required
X Approved Denied
Date: 10-27-03
CITY COUNCIL ACTION: yes Required
X Approved Denied
Date: 12 /02 / 03
ton county , AR
Washing
I certify this instrument was filed on
122912003 10:02.00 AM
and recorded in Real Estate
File Number 2003-00084627
BetteStem circuit erk, t\
i
by
9 0
NAME OF FILE: Ordinance No. 4531
CROSS REFERENCE:
Item # Date Document
1 11/14/03 memo to mayor & city council
draft ordinance
memo to planning commission
letter from Clark Consulting
copy of Utility Approval Form
copy of vacation legal description
copy of Close Up View
copy of One Mile View
staff review form for 12/2/03 mtg
2 12/08/03 memo to Dawn Warrick
3 12/10/03 Affidavit of Publication
NOTES :
12/29/2003 Filed at the Wash. Co. Courthouse
OSA
( L/yQj
/
City Council Aing of December 2, 2003 ys 1
Agenda Item Number
CITY COUNCIL AGENDA MEMO y/!f sYrtet"
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Directoflc�C -
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: November 14, 2003
Subject: Vacation of a portion of street right of way along 4`h Street
(VAC 03- 12 Combs Street Church of Christ)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of right of way located
along 4 h Street where the dedicated right of way extends beyond 25 ' from center line.
This request is asociate with a large scale development for Combs St. Church of Christ.
BACKGROUND
There is an existing 2100 square foot church on this property and the applicant requests
to build an addition of 4700 sq. ft. with 56 parking stalls. The surrounding property is
zoned RMF-24, 24 units per acre, and single-family residential in nature.
History: Right of way was dedicated and platted in the 1970s. When 4"' Street was
constructed, it was not built in this dedicated area, but slightly to the north at a diagonal.
Therefore, the existing right of way extends further south than 25 ' from centerline. The
applicant desires to vacate the excess existing right-of-way on the subject property. A 20
foot utility easement will remain adjacent to the new right of way and will not include the
any portion of the existing structure.
Proposal: The applicant proposes to construct a 4700 square foot addition south of the
existing structure and a parking lot with 56 stalls with the required landscaping.
Request: The request is to vacate that portion of the right of way which extends south of
25 ' from centerline of 4h Street and encroaches the existing building.
DISCUSSION
Planning Commission approved a condition recommended by staff for a section of 4`s
Street, from Willow Avenue to Combs Avenue, to be improved to a 20' street section.
The existing portion of roadway will be overlayed to provide a new pavement section for
the entire 20' width. Curb and -gutter are not recommended at this time.
ENTERED
1 3
OLO_
• City Council Aing of December 2, 2003
Agenda Item Number
No objections were received from utlity representatives. The Planning Commission
voted 7-0-0 to approve this request on the regular agenda at the October 27, 2003
Planning Commission meeting.
BUDGETIMPACT
None.
2
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 03- 12.00 TO VACATE AND ABANDON
A PORTION OF 4T" STREET RIGHT OF WAY, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS AS DESCRIBED ON THE
ATTACHED MAP AND LEGAL DESCRIPTION.
WHEREAS, a petition was duly filed with the City of Fayetteville, Arkansas, on the
September 22, 2003, asking the City Council to vacate and abandon all that portion of the 4h Street
right of way designated on City Plat Page 524 now appearing of record,ih,the office of the Circuit
Clerk of Washington County.
WHEREAS, after due notice as required by law, the,zojx��Li. as, t the time and place
mentioned in the notice, heard all persons desiring to be hear&n the question and has ascertained
that the street, or the portion thereof, hereinafter described,-has been dedicatedu the public use as
a street; has not been actually used by the public generally for a period ofat\least five (5) years
subsequent to the filing of the plat; that all the ownereof the property abutting upon the portion of
the street to be vacated have filed with the City Planning Office their written consent to the
abandonment; and that public interest and welfare will�ndt e adversely affected by the
abandonment of the street. � \�
NOW, THEREFORE, BE IT ORDAINED.BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: \rk:\ansas/
Section 1 . The City-of Fayetteville, Areleases, vacates, and abandons all its rights,
together with the righ�ts,ofthe public generally, inland to the street designated as follows:
See Exhibit "A" arta" che'd hereto d),made��eof.
Section 2—A copy of the ordinance duly ccert" ified by the city clerk shall be filed in the office
of the
erecoorder of fhe•c\ty and recorded in the deed records of the county.
/"'Section 3 . That thi'sl\cati�p�al is subject to the conditions of approval listed in the
staff report and Planning Commission recommendation as described in Exhibit `B" attached
hereto and ad\\ hereof,
PASSED AND` +APPROVED this day of 92003 .
APPROVED:
By:
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 03-12.00
A PART OF THE SW '/a OF THE SW /40F SECTION 15, T- 16-N, R-30-W, AND BEING THAT
PORTION OF A PERPETUAL EASEMENT TO THE CITY OF FAYETTEVILLE FILED FOR
RECORD IN BOOK 913 AT PAGE 863 IN THE RECORDS OF THE CIRCUIT CLERKS
OFFICE IN WASHINGTON COUNTY, ARKANSAS TO BE VACATED, SAID VACATION
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SW
CORNER OF SAID 40 ACRES TRACT IN SAID SECTION, RUM\THENCE N00005 '46"E
(NORTH) 841 .5 FEET (51 RODS) AND THENCE S89°54' 14'E (EAST) 348.90 FEET (20
RODS) TO THE NW CORNER OF SAID EASEMENT AND THENCE S90000'00"E 5.36 FEET
TO THE TRUE POINT OF BEGINNING OF SAID VACATION. THENCE N90000900"E 47.77
FEET; THENCE S78°24'46"E 88.47 FEET; THENCE SOUTHEASTERLY ALONG A CURVE
TO THE LEFT HAVING A CHORD BEARING OF S88252143"E AND,A\RADIUS OF 60.00
FEET AND AN ARC LENGTH OF 21 .90 FEET/THENCE S85055 '067E 11 .63 FEET;
THENCE S65°27'21 "E 11 .98 FEET; THENCE EASTERLY ALONG;A CURVE TO
THE LEFT HAVING A CHORD BEARING OF S76°02'07/7E AND A RADIUS OF 118.41
FEET AND AN ARC LENGTH OF 29.99 FEET; THENC&S83° 17'28"E 98 .68 <�EET TO THE
WEST R/W LINE OF WILLOW STREET; THENCE S00000'00"W 7.25 FEET TO THE SE
CORNER OF SAID RECORDED EASEMENT; THENCE\LEAVING SAID WILLOW R/W
THENCE S90000'00"W 311 . 10 FEET TO�THE,EAST WW\OF\ WASHINGTON STREET;
THENCE NORTH ALONG SAID \R%W 0000 100"E),,3638 FEET; THENCE
NORTHEASTERLY ALONG A CURVE TO\THE RIGHT'HAVING A CHORD BEARING OF
N21028'08"E AND A RADIUS',OF 20.00 FEET�ND AN`ARC LENGTH OF 14.99 FEET TO
THE POINT OF BEGINNING LEAVING IN FORCE THEvREMAINING PORTION OF SAID
L:Gf <-'Y2 I ca
EASEMENT NOT CONTAINED IN THIS DESCRIPTION.
VAC 03-12. 00
Page I
PC Meeting of October 27, 2003
FAYETTEVILLE
Tl1E CUIN OF FAI,F'rTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP. Zoning & Development Administrator
FROM : Jeremy Pate, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: October 9, 2003
Project: VAC 03-12.00 : Vacation (Cornbs St. Church of Christ), pp 524 was submitted
by Combs St . Church of Christ for property located at 350 S. Combs Street. 'Fhe property is
zoned RMP-24 . The request is to vacate a portion of street right of way.
Findings : See the attached maps and legal descriptions for the exactlocations of the requested
right of way vacation.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections.
AEP/SWEPCO No Objections
Arkansas Wcstern Gas No Objections
SW Bell No Objections.
Cox Communications No Objections.
City u/' layetreville:
Watcr/Sewer See attached comments.
Transportation No Objections
Solid Waste No Objections
Engineering No objections - S ee Conditions of
Approval
VAC 03-12. 00
Page 2
Recommendation: Approval of the proposed right of way vacation 03.11 .00 subject to the
following conditions.
Conditions of Approval:
1 . Any relocation of existing utilities will be at the owner' s expense.
2. The right of way to be vacated shall be replaced with a general utility easement for the
entire area excluding the portion occupied by the existing structure.
PLANNING COMMISSION ACTION: yes Required
_ ,&.Approved Denied US1nar/Allen ' 7-o -V
Date 17 0
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /