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HomeMy WebLinkAboutOrdinance 4578Ll ORDINANCE No, 4 5 7 8 AN ORDINANCE APPROVING VAC 04-10.00 TO VACATE AND ABANDON A 25' PORTION OF THE PLATTED RIGHT OF WAY FOR REBECCA STREET EAST OF VINSON AVENUE ALONG THE NORTH BOUNDARY OF LOT 8 OF THE VINSON SUBDIVISION, RETAINING A UTILITY EASEMENT WITHIN SUBJECT PROPERTY AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION 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 platted 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 the following described right of way, leaving all of its rights together with the rights of the public generally for use as a utility 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 along with the map attached hereto and labeled Exhibit `B" 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 I't day of June, 2004. By: APPROVED: DAN COODY, GAS Y �6F SG� .� FAYETTEVILLE IIIIIIIIIIIIIIIIIIIIIQIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 007396600003 Tvoe: REL Recorded: 06/25/2004 at 11:16:21 AM Fee Amt: $14.00 Pace 1 of 3 Washlnoton Countv. AR Bette Stamoa Circuit Clerk FS1e2004-00025131 EXHIBIT "A" VAC 04-10,00 A PARCEL OF LAND BEING A PART OF THE ABANDONED STREET FORMERLY KNOWN AS REBECCA STREET, LYING BETWEEN BLOCKS NUMBERED FIVE (5) AND SIX (6) IN MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT NUMBERED EIGHT (8), IN BLOCK NUMBERED SIX (6) IN MOUNTAIN VIEW ADDITION FOR THE POINT OF BEGINNING; THENCE PROCEED IN A NORTHERLY DIRECTION PARALLEL WITH THE CENTERLINE OF VINSON STREET A DISTANCE OF 25.38 FEET TO A POINT ON THE CENTERLINE OF FORMER REBECCA STREET; THENCE EASTERLY ALONG THE CENTERLINE OF FORMER REBECCA STREET A DISTANCE OF 139.34 FEET, MORE OR LESS, TO A POINT 25.5 FEET NORTH OF THE NORTHEAST CORNER OF SAID LOT NUMBERED EIGHT (8); THENCE SOUTHERLY PARALLEL TO THE CENTERLINE OF VINSON STREET A DISTANCE OF 25.5 FEET TO THE NORTHEAST CORNER OF SAID LOT NUMBERED EIGHT (8); THENCE S89 DEGREES 56' 20" E ALONG THE NORTH LINE OF SAID LOT NUMBERED EIGHT (8) A DISTANCE OF 139.34 FEET TO THE NORTHWEST CORNER OF SAID LOT NUMBERED EIGHT (8), THE POINT OF BEGINNING. a VAC04-090 Close Up View RX I ` :ice Overview PAUL DUNN SUBJECT SUBJECT PROPERTY Legend M0000 0008O yDi56kt ® P&tlFal Marla) � FLOODWAY Minx SlnmO Mn r— M Me — lw YEAR Maalar Stoat Plan � � I Cdl — !W YEAR a FeewaylEyreaeway e00* HiM0rl0Coll d —+w—n LIMIT OF STWY L OIIYL is _ _ _ eaaeumP e 0"' C"' MM VAC04-09.00 0 75 150 300 450 600 RSF-4 ■ Feet Washington County, AR, 1i6ehify this Ihstrument was filed on 06/25/2004 11:16:21 AM and recorded in Real Estate File'Number 2004-00&5131 Bette Stamps - it i Clerk by NAME OF FILE: Ordinance No.4578 w/Ex. A & Ex. B CROSS REFERENCE: Item # Date Document 1 04/29/04 memo to mayor & city council 2 draft ordinance 3 04/21/04 memo to Planning Commission 4 03/18/04 Petition for Vacation 5 04/26/04 minutes of Planning Commission 6 05/03/04 Staff Review Form 7 06/04/04 memo to Dawn Warrick 8 06/11/04 Affidavit of Publication 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: 1 106/25/04 Ifiled w/Wash. Co. Circuit Clerk I I 0 City Councteeting of May 18, 2004 Agenda Item Number To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: April 29, 2004 Subject: Right of Way Vacation for Paul Dunn (VAC 04-10.00) Planning Staff recommends approval of an ordinance vacating a portion of an existing, platted street adjacent to the subject property. BACKGROUND The subject platted right-of-way is a portion of Rebecca Street that lies east of Vinson Avenue. The applicant intends to build a single family dwelling on the lot directly south of Rebecca Street. The applicant proposes to vacate 25 feet of Rebecca Street to provide 75 feet of frontage onto Vinson Avenue for development of the lot. Currently the lot is 50 feet wide, with front setbacks of 25 feet from the right-of-way line on both Vinson Avenue and Rebecca Street, creating a virtually un-buildable situation. Much of the platted but unconstructed Rebecca Street right-of-way in this location has slopes greater than 25%, which is prohibitive for construction of a roadway. Additionally, much of the area surrounding this street is developed. Utilities are present in the right-of- way, therefore the full width will be retained as a utility easement. DISCUSSION Notification was provided to all utility representatives and adjoining property owners. No objections were reported regarding this requested easement vacation. The Planning Commission voted in favor of this item on its Consent Agenda at the regular meeting of April 26, 2004. BUDGETIMPACT None. ozv ,0X) V 579 - dre 2tal �1,tadi�� 'fY�.t Ll ORDINANCE NO. AN ORDINANCE APPROVING VAC 04-10.00 TO VACATE AND ABANDON A 25' PORTION OF THE PLATTED RIGHT OF WAY FOR REBECCA STREET EAST OF VINSON AVENUE ALONG THE NORTH BOUNDARY OF LOT 8 OF THE VINSON SUBDIVISION, RETAINING A UTILITY EASEMENT WITHIN SUBJECT PROPERTY AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 platted 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 the following described right of way, leaving all of its rights together with the rights of the public generally for use as a utility 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 along with the map attached hereto and labeled Exhibit `B" 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 , 2004. APPROVED: Dan Coody, Mayor ATTEST: . Sondra Smith, City Clerk 0 EXHIBIT "A" VAC 04-10.00 A PARCEL OF LAND BEING A PART OF THE ABANDONED STREET FORMERLY KNOWN AS REBECCA STREET, LYING BETWEEN BLOCKS NUMBERED FIVE (5) AND SIX (6) IN MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT NUMBERED EIGHT (8), IN BLOCK NUMBERED SIX (6) IN MOUNTAIN VIEW ADDITION FOR THE POINT OF BEGINNING; THENCE PROCEED IN A NORTHERLY DIRECTION PARALLEL WITH THE CENTERLINE OF VINSON STREET A DISTANCE OF 25.38 FEET TO A POINT ON THE CENTERLINE OF FORMER REBECCA STREET; THENCE EASTERLY ALONG THE CENTERLINE OF FORMER REBECCA STREET A DISTANCE OF 139.34 FEET, MORE OR LESS, TO A POINT 25.5 FEET NORTH OF THE NORTHEAST CORNER OF SAID LOT NUMBERED EIGHT (8); THENCE SOUTHERLY PARALLEL TO THE CENTERLINE OF VINSON STREET A DISTANCE OF 25.5 FEET TO THE NORTHEAST CORNER OF SAID LOT NUMBERED EIGHT (8); THENCE S89 DEGREES 56' 20" E ALONG THE NORTH LINE OF SAID LOT NUMBERED EIGHT (8) A DISTANCE OF 139.34 FEET TO THE NORTHWEST CORNER OF SAID LOT NUMBERED EIGHT (8), THE POINT OF BEGINNING. 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of April 26, 2004 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575b264 PLANNING DIVISION CORRESPONDENCE ' TO: Fayetteville Planning Commission Members THRU: Dawn Warrick, AICP, Zoning & Development Administrator FROM: Jeremy Pate, Associate Planner Matt Casey P.E. Staff Engineer DATE: April 21, 2004 VAC 04-09.00: Vacation (Paul Dunn, pp 447) was submitted by Paul Dunn for property located at Lot 8, Block 4 of the Mt. View Addition. The property is zoned RSF-4, residential single family 4 units per acre. The request is to vacate a portion of Rebecca Street right of way. Planner: Jeremy Pate Findings: See the attached maps and legal descriptions for the exact locations of the requested right of way vacation. Background.• A 50' right of way for Rebecca Street was dedicated with the platting of Mt. View Addition. This portion of Rebecca Street has never been constructed. The topography in this area is prohibitive for the construction of a roadway. A large portion of this area has slopes greater than 25%. Request: The applicant requests to vacate a portion of the existing Rebecca Street right-of-way, to the north of Lot 8, as described and depicted in the attached documents. The vacation request covers approximately 25 feet north of Lot 8, along the length of the northern property boundary. The right-of-way north of centerline (approximately 25 feet in width) will remain as public right- of-way at this time. 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 Ozarks Electric AEP/SWEPCO Arkansas Western Gas SW Bell No Objections No Objections See Conditions of Approval No Objections Cox Communications CITY OF FAYETTEVILLE: Water/Sewer Transportation Solid Waste Engineering See Conditions of Approval RESPONSE See Conditions of Approval See Conditions of Approval No Objections No Objections Recommendation: Staff recommends approval of the proposed right of way vacation 04-09.00 subject to the following conditions: Conditions of Approval: 1. The 50' right of way shall be dedicated as a 50' utility easement. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: April 26, 2004 The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. 0 Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: May 18, 2004 PETITION FOR VACATION OF RIGHT AWAY LOCATED IN LOT 8, BLOCK 4, MT, VIEW ADDITION, CITY OF FAYETTEVILLE,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council Lot 8, Block 4, Mt. View Addition would like to ask the city to vacate property on Lot 8, Block 4, part of Rebecca St., East of Vinson Avenue and West of Sequoyah Drive. This property will not be utilized for, a public street. The property is 50 ft wide and does not meet current zoning requirements of the minimum 75 ft. Therefore, allowing me to gain 25 ft for the purpose of providing access to build a single family home on Lot 8. I acknowledge that all requirements must be in by March 26, 2004. 1 will have all material by this date. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested In the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 19 . day of 200¢ 1N, CA-L v; P- PH-C C'©W printed name signatures Lb LW /J signature Planning Commission April26, 2004 VAC 04-10.00: Vacation (Paul Dunn, pp 447) was submitted by Cal Canfield on behalf of Paul Dunn for property located at Lot 8 Block 4 of the Vinson Subdivision on Rebecca Street. The property is zoned RSF-4, Residential Single-family, 4 units per acre, and contains approximately 0.08 acres. The request is to vacate a portion of the dedicated R.O.W. for Rebecca St., east of Vinson Avenue. Ostner: The next item on our agenda is VAC 04-10.00 for Paul Dunn. Can we have the staff report please? Pate: This Vacation is submitted by Paul Dunn for property located at Lot 8 Block 4 of the t. View Addition. The property is currently zoned RSF-4. Currently a 50' right of way for Rebecca Street was dedicated with the platting of Mt. View Addition. This portion of Rebecca Street has never been constructed. There are portions to the east and west I believe that have been constructed. However, the topography in this area is prohibitive for the construction of a roadway. A large portion of this area has slopes greater than 25% which do not meet our city ordinances or codes with regard to constructing streets. Additionally, a majority of this area has been developed into a single family type neighborhood and is a cohesive neighborhood. The applicant at this time, owns Lot 8 or is looking to buy Lot 8, and the request to vacate a portion of the existing Rebecca Street right of way which is directly adjacent to this property. If you will look on page 3.8, the property that is shaded there is the subject legal description for the Vacation of right of way. The applicant's property is directly to the south of that. The Vacation request covers approximately 25' north of Lot 8 to the centerline of that existing right of way and then along the length of the northern property boundary to the east from Vincent Avenue. The right of way north of the centerline will remain as public right of way at this time. There have been no objections from adjacent property owners though we have heard a lot from property owners with curiosity to this action. The applicant has submitted required notification forms and staff is recommending approval of the proposed right of way vacation with one condition of approval that that right of way remain as a utility easement. Ostner: Thank you. Is the applicant present? Would you come forward and introduce yourself and if you have a presentation. Dunn: I am Paul Dunn. Actually, everything looks fine to me as long as I can build right up to the easement I am fine. Ostner: We will take public comment and then get back to you. Is there anyone from the public who would like to comment on this issue? This is VAC 04-10.00. Ok, I'm going to close it to the public and bring it back to the Commission for comments and motions. Planning Commission April26, 2004 MOTION: Allen: I move for approval of VAC 04-10.00 Ostner: We have a motion by Ms. Allen and a second by Ms. Clark. Is there any further discussion? I would just like to say that this is a completely developed area and with this Vacation it would enable a lot that is probably un-buildable to be built upon. It is infill and it seems to be a good project to add a building in an area that is already filled with city services, roads, sewers and everything is already in place. Allen: 1 forgot to add subject to the one condition of approval with this remaining a utility easement in my motion. Ostner: Thank you. I have a question for staff. The condition of approval reads that the 50' right of way shall be dedicated as a 50' utility easement. I thought we were giving away half of that and making it a 25' utility easement? Pate: Essentially the right of way Vacation request and the legal description that is attached thereto and that goes forward from here to the City Council is just the 25'. The remainder 25' north is actually right of way with utilities in it. We could modify the condition if necessary before it gets to City Council. Ostner: We are changing the name of this 25' chunk from right of way to utility easement? Pate: That is correct. Ostner: Thank you. Is there any further discussion? Renee? Roll Call: Upon the completion of roll call the motion to forward VAC 04-10.00 to the City Council was approved by a vote of 6-0-0. Thomas: The motion carries six to zero. STAFF IOIEW FORM - NON -FINANCIAL OPGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: May 18, 2004 CP&E Department VAC 04-10.00: Vacation (Paul Dunn, pp 447) was submitted by Cal Canfield on behalf of Paul Dunn for property located at Lot 8 Block 4 of the Vinson Subdivision on Rebecca Street. The property is zoned RSF-4, Residential Single-family, 4 units per acre, and contains approximately 0.08 acres. The request is to vacate a portion of the dedicated R.O.W. for Rebecca St., east of Vinson Avenue. STAFF RECOMMENDATION: Approval. Department Director Fines ce &ce In� ices Dir. Received in Mayor's Office ! o Da e Date YW `t/"30/04 Date 5-3-Cq Date Date o Date Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yes No FAYETTEtILLE � THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: June 4, 2004 Re: Ordinance No. 4578 Attached is a copy of the above ordinance passed by the City Council, June 1, 2004, approving VAC 04- 10.00, to vacate and abandon a portion of a right of way but retaining a utility easement. This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering 14161! I .��; AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am LegceW Clerk of the Arkansas Democrat-Gazette/Northwest.Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: was inserted in the regular editions on PO# "Publication Charge: $ 1 � Subscribed and sworn to before me this day PuTlic My Commission Expires: 1-01 '* Please do not pay from Affidavit. An invoice will be sent. OFFICIAL SEAL SHERI DENISE SUTTON NOTARY PUBLIC. ARKANSAS WASHINGTON COUNTY COMMISSION EXP, OS Ol 07 2004. RECEIVED JUN 15 2004 CITY OF FAYEWEVILLE ^ITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE. ARKANSAS 72702 • (501) 442-1700 rORDINANCH MO. 4HTH sEB�rECrA NCE APPROVING VAC 04-10.00 TO VACATE AND A 25' PORTION OF THE PLATTED RIGHT OF WAY CCA STREET EAST OF VINSON AVENUE A w!7.TN BOUNDARY OF LOT a OF THE VINSON��N, RETAV4ING'A IJRUTY EASEMENT WRNIN DESCRIPTIONEPICTED ON THE ATTACHED MAP AND . Vie City Cmaasthe wthorrry Onder A.CA. §14-54-1D4 to vacate ptblc gmurAOs ar ereof which ere nut reoumd for =Pointe Wtposss• WMERFIS, the City C a Ives detwnr d that the faitywing desWbad Platted right of way b rwt req*w for corporate Wrposes. NOW, TNtNH►Op, W R ORDAINED ITY TNH CT! COUNCIL OF TILL CIT' OF PpHTIMVILLH, ARIWO&M - Section 1: That the Oty of Fayeha+ile. Ariovsas hecew and abandOrR V taIOv.MO desaDed right of Way, leafing aI of Ile kits together with the rights of the Wbic 9W&* utfty eesernenl See E#rGt'A' attached hereto and nvAO a pert heiaot. Seclbn 2: That a cop/ of this Ordinance duy certified by the city Ok aalong with Vie map attached hereto erW lebelsd E# W B. shell he tied th the office Of the Recorder Of the County and recorded h the Dead Records of the County. I pAH3HD w d ♦ppROVED this 1st day of June. 2004, APPROVED: AN COODY9 M� ATTEST: HsONDI A HMR b CICNr-lot E7(HIBTT'A' VAC 04-10 W ED EET ERLY N AS RPARCEL OF t I AND BEING A EBECCA STREET, LYING BETWEEN BLOCKS NUMBERED T OF THE NFIVE (SS AND SIX (6)IN MOUNTAIN VIEW ADDITION TO THE CRY OF FAYETE ALLE, I ARKANSAS. AS PER PLAT OF SAID ADDMON ON FILE IN THE OFFICOF THE CIRCUIT CLERK O RECORDER OF WASHINGTON ARKANSASE AND SET4G'MORE PARTICULARLY DESCRIBED AS FOLLOWS. 00MMENCE AT THE NORTHWEST CORNER OF kOT NUMBERED EIGHT (a), IN BLOCK NUMBERED SO( (6) IN MOUNTAIN VIEW ADDITION FOR THE POINT ONSON STRf T A DISTANCEOF 25.38 FEET TO A POINT PARALLEL VJRH THE CFNTEROE OF VIN k ON THE CENTERLINE OF FORMER REBECCA STREET: THENCE EASTERLY ALONG SHE CENTERUNMORE OR LSS$eTVA POINT 25EFEET NORTH OF DISTANCE MEET A OF FORMER NORTHEAST CORNER OF SAID OTT 5M SERER EWHp ft THENCE SaU ERLY PARALLEL TO THE CENTERLINE OF V NSON STREET A DISTANCE OF25.5 FEET TO THE NORTHEAST CORNER OF SAID LOT NlM48ERED EIGHT (8): THENCE WET ES 56' 20' E ALONG THE NORTH UNE OF SAID LOT NUMBERED EIGHT (8) A DISTANCE OF 139A4 FEET TO THE NORTHWEST CORNER OF SAIO LOT NUMBERED EIGHT (6%a' BEGWNG.