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Home My WebLink AboutOrdinance 4616E ORDINANCE NO. 4616 AN ORDINANCE APPROVING VAC 04-1134 TO VACATE A PORTION OF RIGHT OF WAY ON THE NORTH SIDE OF PROPERTY LOCATED AT 1050 WEST SIXTH STREET 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 right of way portions thereof which are not required for corporate right of way purposes, and WHEREAS, the City Council has determined that the following described platted right of way is no longer required for corporate right of way 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 the following described right of way: 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 17th day of August, 2004. ATTEST: By: CA lnm.e ti� SO DRA SMITH, City Clerk EXHIBIT "A" VAC 04-1134 ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PART OF THE SE '/4 OF THE SW '/4 OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE SE '/4 OF THE SW '/< OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. SAID POINT BEING THE NW CORNER OF BLOCK 2 OF WESTWOOD ADDITION TO THE CITY OF FAYETTEVILE, ARKANSAS. THENCE -NORTH 02056'1199EAST 6.16' TO THE SOUTH RIGHT OF WAY LINE OF OLD FARMINGTON ROAD; THENCE -WITH SAID RIGHT OF WAY THROUGH THE FOLLOWING CALLS: THENCE -THROUGH A CURVE TO THE LEFT WITH A RADIUS OF 225.00% A CENTRAL ANGLE OF 25027153", ARC LENGTH OF 54.535, A CORD BEARING OF NORTH 66059731" EAST FOR A DISTANCE OF 54.40'; THENCE -THROUGH A CURVE TO THE RIGHT WITH A RADIUS OF 20.001, A CENTRAL ANGLE OF 286028'44", ARC LENGTH OF 30.28% A CORD BEARING OF SOUTH 7603413899EAST FOR A DISTANCE OF 27.471; THENCE -SOUTH 33012'12"EAST 17.235; THENCE -THROUGH A CURVE TO THE RIGHT WITH A RADIUS OF 262.0071 A CENTRAL ANGLE OF 21052'07", ARC LENGTH OF 13.13% A CORD BEARING OF SOUTH 31 °46'02"EAST FOR A DISTANCE OF 13.13' TO THE SOUTH BOUNDARY LINE OF THE ABOVE MENTIONED SE'/4 OF THE SW %a; THENCE -NORTH 87012142"WEST 93.54' WITH SAID SOUTH BOUNDARY LINE TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY CONTAINS 0.043 ACRES OF LAND MORE OR LESS. VAC04-1134 SANG/HOLLYWOOD SHAKES BUILDING Close Up View a I I I 2 \_ I _ �— ❑ L— _ I D PRIVATE Da I N 1 I �= I 0 II I I a i I m r--i—RMF-I 4 u I i RAOQgD �.--tN — OQD LN -- I� I L ffi P1 III I �i ® ~�alow I ERF121PI I Ili PHtWP DR i I 1 i SUBJECT PROPxER�TM . - --- J J —_--- -- _-_OLD FARMINGTON RD El -z na I-z Washington County, AR I certify this instrument was filed on 09/09/2004 02:30:24 PM and recorded in Real Estate File Number 2004-00037323 Bette Stamps - Circuit Clerk l by ' 0 NAME OF FILE: Ordinance No. 4616 w/Ex. A&B CROSS REFERENCE: Item # Date Document 1 06/17/04 memo to mayor & City Council 2 draft ordinance 3 memo to Planning Commission 4 memo to Dawn Warrick 5 legal description for r-o-w 6 copy of Petition to Vacate 7 copy of One Mile View 8 Staff Review 9 memo to Dawn Warrick 10 Affidavit of Publication 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: 9/9/2005 filed at Wash. Co. Circuit Clerk office • City Council Meet of August 17, 2004 Agenda Item Number ago 9// 7/o�l y4/j� I/ CITY COUNCIL AGENDA MEMO Id 5o LA), W111 5f�44-* To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: July 27, 2004 Subject: Right-of-way Vacation for Sang/Hollywood Shake's Property (VAC 04-1134) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of right-of-way and establishing a utility easement along the north side of the former Shake's property, as described and depicted herein. BACKGROUND In 2003, the City of Fayetteville purchased the subject property in order to construct the intersection improvements to Hollywood/Sang/61h Street. Sang Ave. was realigned to the east of its previous location to line up with Hollywood on the south side of 61h street. With the new alignment of Sang Avenue, Old Farmington Road was reconfigured to intersect with Sang north of the previous intersection. This realignment of Old Farmington Road left a portion of right-of-way on the north side of this property that was not needed for City purposes. Request: The applicant requests to vacate the right-of-way as described and depicted in the attached documents, in order to include the property in the overall Shake's property for resell. The right-of-way is no longer needed for maintenance of the roadway in its new alignment. DISCUSSION Notification was provided to all utility representatives and adjoining property owners. No objections were submitted. Conditions are included to dedicate the property as a general utility easement. The Planning Commission voted 7-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval of the vacation request at the regular meeting of July 26, 2004. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 04-1134 TO VACATE A PORTION OF RIGHT OF WAY ON THE NORTH SIDE OF PROPERTY LOCATED AT 1050 WEST SIXTH STREET 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 right of way portions thereof which are not required for corporate right of way purposes, and WHEREAS, the City Council has determined that the following described platted right of way is no longer required for corporate right of way 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 the following described right of way: 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. ATTEST: By: PASSED and APPROVED this 17`h day of August, 2004. APPROVED• O SONDRA SMITH, City Clerk By: DAN COODY, Mayor EXHIBIT "Al' VAC 04-1134 ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PART OF THE SE '/< OF THE SW %C OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE SE '/a OF THE SW '/a OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. SAID POINT BEING THE NW CORNER OF BLOCK 2 OF WESTWOOD ADDITION TO THE CITY OF FAYETTEVILE, ARKANSAS. THENCE -NORTH 02056511"EAST 6.16' TO THE SOUTH RIGHT OF WAY LINE OF OLD FARMINGTON ROAD; THENCE -WITH SAID RIGHT OF WAY THROUGH THE FOLLOWING CALLS: THENCE -THROUGH A CURVE TO THE LEFT WITH A RADIUS OF 225.00% A CENTRAL ANGLE OF 25027153", ARC LENGTH OF 54.531, A CORD BEARING OF NORTH 66059131" EAST FOR A DISTANCE OF 54.40'; THENCE -THROUGH A CURVE TO THE RIGHT WITH A RADIUS OF 20.0012 A CENTRAL ANGLE OF 286028'4415, ARC LENGTH OF 30.285, A CORD BEARING OF SOUTH 76034'38"EAST FOR A DISTANCE OF 27.47'; THENCE -SOUTH 33012'12"EAST 17.235; THENCE -THROUGH A CURVE TO THE RIGHT WITH A RADIUS OF 262.001, A CENTRAL ANGLE OF 21052'0711, ARCLENGTH OF 13.1311 A CORD BEARING OF SOUTH 31046'02"EAST FOR A DISTANCE OF 13.1Y TO THE SOUTH BOUNDARY LINE OF THE ABOVE MENTIONED SEAOF THE SW'/a; THENCE -NORTH 87012'42"WEST 93.54' WITH SAID SOUTH BOUNDARY LINE TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY CONTAINS 0.043 ACRES OF LAND MORE OR LESS. 1 • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of July 26, 2004 113 w. Mountain St Fayettevitle, AR 72701 Telephone: 479-575-8264 TO: Fayetteville Planning Commission Members FROM: Jeremy Pate, Senior Planner Matt Casey P.E. Staff Engineer THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: June 30, 2004 VAC 04-1134: Vacation (Sang/Hollywood Shake's, pp 559) was submitted by the City of Fayetteville for property located at 1050 W. 60' Street. The property is located at the intersection of Sang and 6'h Street and is the location of the old Shake's building. The request is to vacate a portion of the existing right of way located along the north side of the property. Planner: Jeremy Pate Findings: See the attached maps and legal descriptions for the exact locations of the requested utility easement vacation. Background: In 2003, the City of Fayetteville purchased this property in order to construct the intersection improvements to Hollywood/Sang/6'h Street. Sang Ave. was realigned to the east of its previous location to line up with Hollywood on the south side of 6's street. With the new alignment of Sang Avenue, Old Farmington Road was reconfigured to intersect with Sang north of the previous intersection. This realignment of Old Farmington Road left a portion of right-of- way on the north side of this property that was not needed for City purposes. This portion of right-of-way is now being requested to be vacated prior to the sale of the property. 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 Cox Communications No Objections AEP/SWEPCO No Objections Arkansas Western Gas No Objections SW Bell No Objections ) e 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 ROW vacation 04-1134 with the following condition: Conditions of Approval: The subject right-of-way vacated shall be dedicated as a utility easement. PLANNING COMMISSION ACTION: yes Required _Approved Denied Date: July 26, 2004 i0 GiT{ cOuNcIL The "CONDITIONS OF APPROVAL", beginning on page two of this report, are accepted in total without exception by the entity requesting approval of this development item. ag Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: August 17, 2004 l0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8206 ENGINEERING DESIGN SERVICES DIVISION CORRESPONDENCE TO: Dawn Warrick, Development & Zoning Administrator FROM: Ron Petrie, Engineering Design Services Manager Or DATE: June 2, 2004 SUBJECT: Sang/Hollywood Shakes Building Vacation of Right -of -Way Please find attached a drawing of the Shakes property that was purchased by the City in conjunction with the Sang/Hollywood Intersection Improvements. A portion of the Old Farmington Road right-of-way is no longer required for the maintenance of this road due to the relocation of the street in that area. It is in the best interest of the City to vacate this portion of the right-of-way and combine that area with the old Shakes property for resell. A condition of the right-of-way vacation should be the dedication of a utility easement to replace the right-of- way area. A legal description is shown on the drawing for the area requested to be vacated. Please let me know if our Division can provide any assistance in order to have this item placed on the Planning Commission Agenda. F.9 t - I©i' G•. r6M y• T 10.ti R W.Co w L !O A T7.1/ FT \ SCALE: I" = 40' N N OTy'a N Err Rico FAD �.54 rT W e 26 •� ra cawea T -arras Pi NE -NW 6 THE 0.28 ACRES R - 262.00 rr NE�NM ] I// L 671? fr 1*1 t BLOCK 2 WEST WOOD m MY4 1'raeg I ADDITION W M orae'a'r ~ T tee. rT r-STORr R 25. FT CONCRETE CL AS PT W� 1 W, r, ao,o w crr. sr. / Sm4KE'S \ e / CDON- LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY All that certain tract or parcel of land being a part of the SE'/. of the SWIA of Section 17, Township 16 North, Range 30 West, Washington County, Arkansas and acing more particularly described by metes and bounds as follows: 3eginning at the SW Comer of the SE''/. of the SW '/4 of Section 17, Township 16 North, Range 30 West, Washington County, Arkansas. Said point being the NW :omer of Block 2 of Westwood Addition to the City of Fayetteville, Arkansas. (HENCE - North 020 56' 11" East 6.16' to the south rightof--way, tine of Old Farmington Road; (HENCE - with said rightof-nay through the following calls: (HENCE -through a curve to the left with a radius of 225.00', a central angle of 250 27' 53", arc length of 54.53% a cord bearing of North 660 59' 31" East for a Iistance of54.40'; 'HENCE - through a curve to the right with a radius of 20.00', a central angle of 2860 28' 44", am length of 30.28', a cord bearing of South 760 34' 38" Fast fora listance of 27.47; 'HENCE- South 330 12' 12" East 17.23; "HENCE - through a curve to the right with a radius of 262.00% a central angle of 210 52' 07", arc length of 13.13%a cord bearing of South 310 46' 02" East for a istance of 13.13' to the south boundary line of the above mentioned SE Y. of the SW Y.; 'HENCE - North 870 IT 42" West 93.54' with said south boundary line to the POINT OF BEGINNING. The above described property contains 0.043 acres of land tore or less. PETITIION TO VACATE PETITION TO VACATE A RIGHT-OF-WAY LOCATED IN PART OF BLOCK 2, OF THE WESTWOOD ADDITION, CITY OF FAYETTEVILLE. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the right-of-way hereinafter sought to be abandoned and vacated, lying in block 2 of the Westwood Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as follows: SEE ATTACHED That the abutting real estate affected by said abandonment of the right-of-way are 765- 12164-000, 765-14860-0003 765-14592-000 and 765-07549-000 City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described right- of-way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. 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 right-of-way. Dated this 281" day of June, 2004. City of Fayetteville/Dan STAFF RENW FORM - NON -FINANCIAL OBLIOTION x AGENDA REQUEST For the Fayetteville City Council Meeting of: August 17, 2004 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: VAC 04-1134: Vacation (Sang/Hollywood Shakes Building, 520): Submitted by the City of Fayetteville for property located at 2050 W 6th Street. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.04 acres. The request is to vacate a portion of the right-of-way on the subject property. STAFF RECOMMENDATION Department Director Approval. Received in Mayor's Office 2 Jb lute Date Date Date Cross Reference: Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: p Ci • 5 G V Orig. Contract Number: Chief 4e istrative Officer Date New Item: Yes No - arc Mayor Date _moo FAYETTEVMLLE • 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: August 23, 2004 Re: Ordinance No. 4616 Attached is a copy of the above ordinance passed by the City Council, August 17, 2004, approving VAC 04-1134 vacating and abandoning a right of way located at 1050 West Sixth Street. 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 ., -Arkansas Democrat V 05gtzeW AFFIDAVIT OF PUBLICATION I, do solemnly swear'that I am Le I 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: $ Subscribed and sworn to before me this off~ day of 2004. �,9� Notary Public My Commission Expires: 0')/Z of ** Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY L Commission Expires 07-25-2013 212 NORTH EAST AVENUE • P.O. BOX 1607 0 FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 )RTION OF RIGHT O W yVpry T�j{EINORTH SIDE OF K)PERTY LOCATED AH STREET ASTar"e PICTD MAP AND LEGAL SCRIPRON IBNBAe. m w qrn and mi �e Ne aW, tM,raer caA: 5 14-Sa-lob w vacate auWic ngnf or way llor� eoI reRuiretl for GUnB, for City Cwe right has dBtbnJned met IN toeovA�rg tlm y�plgng6 right m � y Is ro 3er requ'ved f« capomte fight of waY Purposes. IM. FONB, B ONBY THE CRy COUNCIL OF TNH CRY OF FAyR- NLLEt IARMN0 ITD1IIIiO m 1: That ma CitY of Fayeryevoo, Adulnsashereby vacates me totlowing desttiped right W fray: 5d"'A' attached hereto end merle a pert haheof co he id Witeleci a y,al« ru^ed by Me cny argerK along „�g,ue map anacnea r.era I Records d the Cmnty, Office at he Retler of the County end roCprUga in the �D; •FFNoven True 1 ]m day rn august, 2004. EXHIBIT •q• VAC 04-1134 %T CERTAIN TRACT OR PARCEL OF LAND BEING A PART OF THE BE 1/4 OF THE SW 1/4 N 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKgNSgS q 40RE RARTICULARLY DESCRIBED By METES ANp BOUNDS AS FOLLOWS; ING AT THE ES CORNER OF THE SE 1/4 OF THE SW 1/4 OF SECTION 17, TOWNSHIP RANGE WEST, WgSHING70N COUNTY, ARKANSAS SAID POINT BEING THE NW CC BLOCK 2 OF WESTWOOD ADDITION TO THE CITY OF FAyETTEVILE, ARKANSAS. -NORTH 02°56" 1 °EAST 6.16' TO THE SOUTH RIGHT OF WAY LINE OF OLD FARMINGT( WITH SAID RIGHT OF WAY THROUGH THE FOLLOWING CALLS: THROUGH A CURVE TO THE LEFT WITH A RADIUS OF 225.00', A CENTRAL ANGLE C ARC LENGTH OF 54.53', A CORD BEARING OF NORTH 66.5gg1' EAST f-0q A DISTANT A CURVE TO THE RIGHT WITH A RADIUS OF 20.00', A CENTRAL KITH OF 30.28'. A CORD BEARING OF SOUTH ]6.34.3B_EAST FOR A 33.1212•EAST 17.23'; ENGTH OF 3 .q A r TO THE RIGHT WIN RADIUS OF 262.00', A mcrvI VNtU 5E 1/4 OF THE SW I/4; 6]°12'42•WEST g3.54' WITH SAID SOUTH BOUNDARY LINE TO THE POINT C ABOVE DESCR SEE PROPERTY. CONTAINS 0.043 ACRES OF LAND MOqc 0 KI viewed in me Office d the CV Clerk. , I