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.
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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
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VAC04-06.00
One Mile View
ESTATES AT SALEM HILLS
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Overview
Legend
Subject Property
Boundary
Maast�er Street Plan
VAC06-06.00
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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. ,