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HomeMy WebLinkAboutOrdinance 4582E ORDINANCE NO, 4582 AN ORDINANCE APPROVING VAC 04-1070 TO VACATE AND ABANDON A 45' EXISTING RIGHT OF WAY THAT EXTENDS NORTH OF THE INTERSECTION OF WEST SALEM ROAD AND RUPPLE ROAD THROUGH THE ESTATES AT SALEM HILLS PROPERTY AND A 50' RIGHT OF WAY T14AT EXTENDS WEST OF THE INTERSECTION OF HOWARD NICKEL ROAD AND SALEM ROAD THROUGH THE ESTATES AT SALEM HILLS 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, abandoning all of its rights together with the rights of the public in general: 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 15's day of June, 2004. By: DAN COODY, Mayor ATTEST: A.• •GAS Y By: = ;FAYETTEVILLE* SO RA SMITH, City Clerk = .%�. C. IIIIIIIIIIIIIIuIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIQIIIIIIIIIIIII 9sy9:;%CANSoo Doc rd 0073985004 a T11:1 R49 �#In;G 7ON�„��� Recorded: OB/25/2004 at 31:35:49 AM Fee Amt: $14.00 Pace 1 of 3 Meehlnaton Countv. AR Bette Btaws Circuit Clerk F11e2004-00025129 EXHIBIT "A" VAC 04-1070 PART OF THE S W '/< OF THE NW '/a AND PART OF THE NW '/< OF THE SW %4 OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 30 WEST, IN WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NW '/4 OF THE SW '/4, SAID POINT BEING A FOUND ''/2" REBAR, AND THE POINT OF BEGINNING, THENCE N0202610513E 1338.00 FEET TO A FOUND %z" REBAR, THENCE S87057' 18"E 705.22 FEET, THENCE S02002142"W 50.00 FEET, THENCE N88008542"W 660.56 FEET, THENCE S02026'0511W 1228.24 FEET, THENCE N87050108"W 45.00 FEET TO THE P.O.B., LESS AND EXCEPT THE RIGHT OF WAY SHOWN ON THE FINAL PLAT OF THE ESTATES AT SALEM HILLS AS PER FINAL PLAT ON FILE AT THE OFFICE OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS, CONTAINING 1.25 ACRES MORE OR LESS. VAC04-06.00 Close Up Vlew Overview ESTATES AT SALEM HILLS Lewd K9 '-•1 11 0 175 350 700 1,050 1400 Feel a Washington County, AR I certify this Instrument was filed on 08/25/2004 11:15:49 and recorded in? eal s ate File Number 2Q04.0 0 129 Bette Stamps Cir u' Clerk del • • NAME OF FILE: Ordinance No. 4582 w/Ex. A & Ex. B CROSS REFERENCE: Item # Date Document 1 05/27/04 memo to mayor & city council 2 06/02/04 Staff Review Form 3 draft ordinance 4 05/17/04 memo to Planning Commission 5 08/19/03 copy of Res. No. 125-03 6 copy of Close Up View 7 copy of One Mile View 8 06/16/04 email to Renee Thomas 9 06/21/04 memo to Dawn Warrick 10 06/23/04 Affidavit of Publication 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: 06/25/04 filed w/Wash. Co. Circuit Clerk • City CounciReeting of June 15, 2004 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: May 27, 2004 Subject: Right -of -Way Vacation for Estates at Salem Hills (VAC 04-1070) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating right-of-way north and west of the Estates at Salem Hills subdivision, as described and depicted herein. BACKGROUND The subject property is located north of West Salem Road and south of the west end of the Howard Nickell Road extension as shown on the attached graphic. The property is in the county and contains approximately 40.14 acres. A Resolution (125-03) was approved by the City Council on August 05, 2003 to amend the Master Street Plan in this location and dedicate 90 feet of right of way along Howard Nickell Road through the entire proposed development in a different alignment to complete a connection with the future extension of Rupple Road north. The current request is to vacate the remaining portion of platted right-of-way that bisects lots in the subdivision, exclusive of that right-of-way which was dedicated with the Final Plat of the Estates at Salem Hills subdivision, in December of 2003. Vacation of the subject right-of-way was a condition of approval by the Planning Commission for the Preliminary Plat of this subdivision. DISCUSSION Notification was provided to all utility representatives and adjoining property owners. No objections were submitted. At the regular meeting of May 24, 2004, the Planning Commission voted 8-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval of the vacation request. BUDGETIMPACT None. STAFF MEW FORM - NON -FINANCIAL OOGATION 0 fZ l� ydjg3, AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM Dawn Warrick, AICP Planning Name Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: June 15, 2004 Department V-9C O y-1010/ w0y, Q/R,,taplu Rd VAC 04-1070: Vacation (Estates At Salem Hills, pp 206): Submitted by Tom Hennelly of Tomlinson Engineering on behalf of Gerald Tomlinson for property located at West Salem Road. The property is in the Planning Area and contains approximately 1.25 acres. The request is to vacate a portion of Right -of -Way that is no longer necessary due to a Master Street Plan Amendment previously approved by the Planning Commission and City Council. STAFF RECOMMENDATION Department Director 1�" Fina ce & Internal Services Dir. Approval S� Received in Mayor's Office / 6 Date Date S1 ZZ 6. Date Date Cross Reference: Previous Ord/Res#: -1-a)c Date Orig. Contract Date: Orig. Contract Number: New Item: Yes No ORDINANCE NO., AN ORDINANCE APPROVING VAC 04-1070 TO VACATE AND ABANDON A 45' EXISTING RIGHT OF WAY THAT EXTENDS NORTH OF THE INTERSECTION OF WEST SALEM ROAD AND RUPPLE ROAD THROUGH THE ESTATES AT SALEM HILLS PROPERTY AND A 50' RIGHT OF WAY THAT EXTENDS WEST OF THE INTERSECTION OF HOWARD NICKEL ROAD AND SALEM ROAD THROUGH THE ESTATES AT SALEM HILLS 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 Fayetti following described righ the rights of the public ii See Exhibit "A" attached hereto Section 2. That'a copy of this Ordin man PASSED ATTEST: 60 Sondra Smith, City Clerk s hereby vacates and abandons the Ioning'all of its rights together with made a part hereof. ce duly certified by the City Clerk along with the beled Exhibit `B" shall be filed in the office of and recorded in the Deed Records of the County. day of , 2004. APPROVED: Dan Coody, Mayor EXHIBIT "A" VAC 04-1070 PART OF THE S W '/4 OF THE N W '/4 AND PART OF THE N W '/4 OF THE SW %4 OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 30 WEST, IN WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NW '/4 OF THE SW '/4 SAID POINT BEING A FOUND %" REBAR, AND THE POINT OF BEGINNING, THENCE N02026'05"E 1338.00 FEET TO A FOUND %i" REBAR, THENCE S87057'18"E ..705.22 FEET, THENCE S02002'42"W 50.00 FEET, THENCE N88008'42"W 660.56 FEET, THENCE S02026105"W 1228.24 FEET, THENCE N87050'08"W 45.00 FEET TO THE P.O.B., LESS AND EXCEPT THE RIGHT OF WAY SHOWN ON THE FINAL PLAT OF THE ESTATES AT SALEM HILLS AS PER FINAL PLAT ON FILE AT THE OFFICE OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS, CONTAINING 1.25;ACRES MORE OR LESS. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of May 24, 2004 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575-8264 TO: Fayetteville Planning Commission Members THRU: Dawn Warrick, AICP, Zoning & Development Administrator FROM: Suzanne Morgan, Associate Planner Matt Casey P.E. Staff Engineer DATE: May 17, 2004 VAC 04-06.00; Vacation (Estates at Salem Hills, pp 206) was submitted by Tom Hennelly of Tomlinson Engineering on behalf of Gerald Tomlinson for property located at The Estates at Salem Hills subdivision. The property is located in Washington County in the City of Fayetteville Planning Area. The request is to vacate a portion of the existing right of way located along the west and north sides of the subject property. Planner: Jeremy Pate Findings: See the attached maps and legal descriptions for the exact locations of the requested utility easement vacation. Background: A 45' right of way exists that extends north of the intersection of West Salem Road and Rupple Road through this property. A 50' right of way exists that extends west of the intersection of Howard Nickel Road and Salem Road through this property. The Planning Commission approved The Estates at Salem Hills preliminary plat on July 14, 2003 with a condition that the right of way be vacated and that the master street plan alignment be amended. On August 5, 2003 the City Council considered the amendment to the master street plan alignment. The City Council passed a resolution for this amendment at this meeting. The right of way will now need to be vacated in order to comply with the conditions of approval for the preliminary plat. Request: The applicant requests to vacate a portion of the existing right of way as described and depicted in the attached documents. 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 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Recommendation: Staff recommends approval of the proposed right of way vacation 04-06.00. PLANNING COMMISSION ACTION: yes Required Date: May 24, 2004 J Approved Denied Coment 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. By Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: Survey Description Of Right of way Vacation Part of the SW '/4 of the NW '/4 and part of the NW '%4 of the SW '/4 of Section 29, Township 17 North, Range 30 West, in Washington County Arkansas, and being more particularly described as follows; Commencing at the Southwest corner or said NW '/4 Of the SW '/4 , said point being a found %:" rebar, and the POINT OF BEGINNING, thence NO2`26'05"E 1338.00 feet to a found ;4" rebar, thence S87°57' 1871E 705.22 feet, thence S02"02'42"W 50.00 feet, thence N88'08'42"W 660.56.feet, thence S02°26'05"W 1228.24 feet, thence N87°50'08"W 45.00 feet to the P.O.B., less and accept the Right of Way shown on the final plat of the Estates at Salem Hills as per final plat on file at the office of the Circuit Clerk of Washington County, Arkansas, containing 1.25 acres more or less. 1r'* CO RESOLUTION NO.125-03 A RESOLUTION AMENDING THE MASTER STREET PLAN, DEDICATING 90 FEET OF RIGHT OF WAY ALONG HOWARD NICKELL ROAD THROUGH THE ENTIRE PROPOSED DEVELOPMENT IN A DIFFERENT ALIGNMENT. TO COMPLETE A CONNECTION WITH THE FUTURE EXTENSION OF RUPPLE ROAD NORTH WHEREAS; the new alignment of Howard Nickell Road and Rupple Road fulfill the intent of the Master Street Plan; and WHEREAS, the new alignment of Howard Nickell Road, and Rupple Road will be beneficial to the City of Fayetteville's policy of connectivity; and WHEREAS, this amendment to the Master Street Plan provides connectivity with less topography constraints. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:, . ' Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the change in the Master Street Plan as noted above and more particularly shown on Exhibit A (attached): .PASSED and APPROVED this the 19th day of August, 2003. APPROVED: By: ATTEST: By: SONDRA SMITH, City Clerk DAN COODY, PPL 0341.00 Tomrnson uu ,T. a LC tar 7/�.`6 Page it I I1 1 1 1 VA NN 1 r 0 �o � n 1 O AAO O p O � k y 0 a I �g: Tnr The Estates at -Salem Hi11s-� \'\\ °3 C . p � � ) � / I « \�/ _a. \ *�: , VAC04-06.00 One Mile View ESTATES AT SALEM HILLS 1 REt ;To'1 t 4 i r � Ir SAC Vi L_..WEIR RQ� 61MWE�:itfl RRC I._r I t�ALi �y l�lIIPIN C � w `.4Rd �Ll l I Lt rcl �+ IN Vt l7 iII JtFi-,b� FEE • i I-- _—Id �t�.� I R ••i �1 I Overview Legend Subject Property Boundary Maast�er Street Plan VAC06-06.00 "�..� Planning Area e ;:�.. F' VwtYIExwr V`vav Oveday District y`�"apalMaml sheets 00000 o° ^# Minor Am lsi E sang L _ _I City Limits 111 t Pla""e Outside City ••• Historic Cdleaor 0 0.1 0.2 0.4 0.6 0. Iles f:1= m From: Clarice Pearman To: Thomas, Renee Date: 6/16/04 11:33AM Subject: VAC 04-1070 I do not have an Exhibit "B" for the ordinance passed. Please get me an Ex. B. Also, please be sure that it is 8'/2 x11. The circuit clerk's office will not accept anything larger. Thanks. FAYETT&ILLE 0 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 n�Q From: Clarice Buffalohead-Pearman City Clerk Division Date: June 21, 2004 Re: Ordinance No. 4582 Attached is a copy of the above ordinance passed by the City Council, June 15, 2004, approving VAC 04- 1070, to vacate and abandon a 45' right of way at the intersection of Salem Road and Rupple Road; and a 50' right of way at the intersection of Howard Nickel Road and Salem Road. 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 1 AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am LegAl 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: �o�_was inserted in the regular editions on of ** Publication Charge: $ /& /0 Subscribed and sworn to before me this _;3- day of IC40 &� , 2004. My Commission Expires: 074S-A013 RECEI\(ED ** Please do not pay from Affidavit. Oi14 An invoice will be sent. SUN 2 5 2 CITY OF FAYETTEVILLL CITY CLERK'S OFFICE Official Seal SE.AN-MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07-25-2013 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ONDNOINCE NO. AENE I . AN ORDINANCE APPROVING VAC 04-10]0 TO VACATE AND ABANDON A 45' EXISTING RIGHT OF WAY THAT EXTE 40S NORTH OF THE INTERSECTION OF WEST SALEM ROAD AND RUFFLE ROAD THROUGH THE ESTATES AT SAIEM HILLS PROPERTY AND A 50' RIGHT OF WAY THAT E)Cp=NDS WEST OF THE INTERSECRON OF HOWARD NICKEL ROAD AND of F"aftevEs SALEM ROAD THROUGH THE ESTATES AT SALEM HILLS AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, the Gly COIndl had the aWarfy uMer AGA. §f4-54-104 to vec2te pubic grow cS M DU14M thereof which are: not reaurecl for carporate purPoees, and f WHEREAS, the City Council has tleterrhi a that the foYowirg describep Platter, right of way b rat moored for corporate pupoees, t NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CRY Of FAYETTEVLLu, ARIQUIlli Section 1: TIER the City of FayetteAle. Arl ausae hereby vacates end 9barldone thelbllaMng described right Of way, abeMoung all of its rights tagethar wfih.ihe rights of the pubic In geneiO,: See Er, MM'A' attached hereto end made a part hereof. Section 2: That a Copy of this Orce a duly certi fled by the City Clark eOrI9 with the map ettachetl hereto and labeled Ektibit'B' shag be filed in the office of the Recorder of the Canty on,, recorded in the Deed Records of the Cant' PASSED gild APPROVED this 15th clay of June, 20D4. APPROVED: By: DAN COODMf Max ATTEST: By: SONDRA DMRH, CNY Cla t - EXHIBIT'A' VAC 04-1070 FART OF THE SW 1/4 OF THE NW 1/4 AND PART OF THE NW 1/4 OF THE SW 1/4 OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 30 WEST, IN WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NW 1/4 OF THE SW 1/4, SAID POINT BEING A FOUND 12' REBAR, AND THE POINT OF BEGINNING, THENCE NO2'26'05'E 1338.00 FEET TO A FOUND 12- REBAR, THENCE S87-57'18'E 705.22 FEET THENCE S02°02'42 W 50.00 FEET THENCE N8B-08'42-W Q60.56 FEET, THENCE S02-26.05-W 1228.24 FEET, THENCE N87°50'08' 45.00 FEET TO THE P.O.B., LESS AND EXCEPT THE RIGHT OF WAY SHOWN ON THE FINAL PLAT OF THE ESTATES AT SALEM HILLS AS PER FINAL PLAT ON FILE AT THE OFFICE OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS, CONTAINING 1.25 ACRES MORE OR LESS. EXHIBIT'B' can W viewed at the City OeikS office during Mtshess hours. ,