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HomeMy WebLinkAboutOrdinance 4629ORDINANCE NO.4 6 2 9 AN ORDINANCE APPROVING VAC 04-1178 TO VACATE A PORTION OF THE RIGHT OF WAY FOR GREGG STREET LOCATED BETWEEN CENTER STREET AND MEADOW STREET AND RECLASSIFYING THIS SUBJECT RIGHT OF WAY AS AN ALLEY 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 no longer 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, retaining the use as a public alley: 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 19`h day of October, 2004. ATTEST: By: Ll SO DRA SMITH, City Clerk APPROVED: I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 007827850003 Tvoe: REL Recorded: 11/02/2004 at 08:53:31 AM Fee Amt: $11.00 Pace 1 of 3 Mashlnoton Countv. AR Bette Stamos Circuit Clerk F11e2004-00045127 EXHIBIT "A" VAC 04-1178 A PART OF THE WEST HALF (WI/2) BLOCK NUMBERED TWENTY-ONE (21) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND A PORTION OF GREGG AVENUE, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK TWENTY-ONE (21), SAID POINT BEING AN EXISTING IRON; THENCE N87021'50"W 221.96 FEET ALONG THE NORTH LINE OF SAID BLOCK TWENTY-ONE (21) TO AN EXISTING RAILROAD RAIL WITH A CHISELED "X" ON THE EAST BOUNDARY OF A ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A 714.49 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE 312.95 FEET, THE CHORD FOR WHICH BEING S06010'55"W 310.45 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET; THENCE N78038'34"W 87.38 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET TO AN EXISTING CHISELED "X" IN CONCRETE FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET, N78038134"W 10.86 FEET TO A SET''/z" IRON REBAR ON THE WEST BOUNDARY OF SAID ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY; THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET AND RUNNING ALONG SAID WEST RAILROAD RIGHT-OF-WAY LINE, N02002'45"W 28.49 FEET TO A SET %z" IRON REBAR; THENCE LEAVING THE WEST RAILROAD RIGHT-OF-WAY LINE, N0200214511W 5.44 FEET ALONG PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG AVENUE; THENCE CONTINUING ALONG THE PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG AVENUE, N8605313111E 1.56 FEET; THENCE N02042'36"E 239.14 FEET; THENCE N48°37'39"E 16.73 FEET TO A SET''/s" IRON REBAR; THENCE LEAVING THE PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG AVENUE AND RUNNING ALONG THE OLD EAST RIGHT-OF-WAY LINE OF GREGG AVENUE, S0204214811W 286.38 FEET TO POINT OF BEGINNING, CONTAINING 3363 SQUARE FEET, MORE OR LESS. 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DATE 7rum Jsc BM onsulting RlVendell CML l ENVIRONMENTAL ENGINEERING 3715 BUSIBe9a Drive, Suite 202 FayeOevAe, AR 72703 (479)444-e171 Right- of- Way Vacation �X�ibi-t �� ►2 r I Washington County, AR I ceftb-this instrument Was filed on 11 0212004 08:53:31 AM d recorded in Real Estate File Number 2004-00045127 Circuit Clerk by V • 6 NAME OF FILE: Ordinance No. 4629 w/Ex. A & B CROSS REFERENCE: Item # Date Document 1 09/28/04 memo to mayor & City Council 2 draft ordinance 3 memo to Planning Commission 4 copy of map 5 copy of map 6 copy of Close Up View 7 copy of One Mile View 8 Staff Review Form 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: ,o%e°o� • City Council Meeti9of October 19, 2004 mm Agenda Item Number 140 CITY COUNCIL AGENDA MEMO vq�lxl 1l78� Ci,� air , To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development AdministratorAl}S Date: September 28, 2004 Subject: Easement Vacation for Gregg Avenue/Rivendell (VAC 04-1178) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of Gregg Avenue right-of-way, as described and depicted herein. BACKGROUND The applicant currently has an associated Planned Zoning District request in process, unanimously recommended by the Planning Commission for approval to the City Council for the construction of a mixed -use development in the downtown area. The project plan has been developed around and is contingent upon the vacation of a particular portion of street right-of-way along Gregg Avenue between Meadow Street and Center Street. Gregg Avenue is a Local Street on the Master Street Plan, requiring a right-of-way dedication of 25 feet from centerline (50 feet total). Currently a total of 34 feet of right- of-way exists in this location, with the existing structures located near or at the right-of- way line. Along with the vacation request, and as part of the Planned Zoning District proposal, the applicant is also requesting the Master Street Plan be amended for this portion of Gregg Avenue, down -grading its classification from a Local Street to an alley. The developer's proposal is to overlay the existing street and have the parking directly off of the new surface underneath the proposed buildings, a situation that is not allowed with Gregg Street's current classification and right-of-way requirements. Request: The applicant requests to vacate approximately 12 feet of the eastern portion of the existing Gregg Street right-of-way along the subject property's frontage, and to dedicate the remaining area as a public alley as described and depicted in the attached documents. DISCUSSION Notification was provided to all utility representatives and adjoining property owners. No objections were submitted. • City Council Meetilpof October 19, 2004 Agenda Item Number The Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval of the vacation request at the regular meeting of September 27, 2004. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 04-1178 TO VACATE A PORTION OF THE RIGHT OF WAY FOR GREGG STREET LOCATED BETWEEN CENTER STREET AND MEADOW STREET AND RECLASSIFYING THIS SUBJECT RIGHT OF WAY AS AN ALLEY 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 no longer 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, retaining the use as a public alley: 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. ATTEST: By. Sondra Smith, City Clerk APPROVED: am Dan Coody, Mayor EXHIBIT "A" VAC 04-1178 A PART OF THE WEST HALF (WI/2) BLOCK NUMBERED TWENTY-ONE (21) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND A PORTION OF GREGG AVENUE, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK TWENTY-ONE (21), SAID POINT BEING AN EXISTING IRON; THENCE N8721'50"W 221.96 FEET ALONG THE NORTH LINE OF SAID BLOCK TWENTY-ONE (21) TO AN EXISTING RAILROAD RAIL WITH A CHISELED "X" ON THE EAST BOUNDARY OF A ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A 714.49 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE 312.95 FEET, THE CHORD FOR WHICH BEING S06010'55"W 310.45 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET; THENCE N78038'34"W 87.38 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET TO AN EXISTING CHISELED "X" IN CONCRETE FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET, N78038'34"W 10.86 FEET TO A SET %" IRON REBAR ON THE WEST BOUNDARY OF SAID ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY; THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF CENTER STREET AND RUNNING ALONG SAID WEST RAILROAD RIGHT-OF-WAY LINE, N02002'45"W 28.49 FEET TO A SET %z" IRON REBAR; THENCE LEAVING THE WEST RAILROAD RIGHT-OF-WAY LINE, N02002145"W 5.44 FEET ALONG PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG AVENUE; THENCE CONTINUING ALONG THE PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG AVENUE, N86053131"E 1.56 FEET; THENCE N02042'36"E 239.14 FEET; THENCE N48°37'39"E 16.73 FEET TO A SET '/2" IRON REBAR; THENCE LEAVING THE PROPOSED EAST RIGHT-OF-WAY LINE OF GREGG AVENUE AND RUNNING ALONG THE OLD EAST RIGHT-OF-WAY LINE OF GREGG AVENUE, S02042148"W 286.38 FEET TO POINT OF BEGINNING, CONTAINING 3363 SQUARE FEET, MORE OR LESS. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of September 27, 2004 113 W. Mountain St. Fayetteville, 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: September 16, 2004 VAC 04-1178: Vacation (RIVENDELL, 483): Submitted by STEVE CLARK for property located at THE FORMER 100 FT. RAILROAD R/W ON THE WEST SIDE OF BLOCK 21 ORIGINAL TOWN PLAT. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 0.67 acres. The request is to vacate a portion of the Right - of -Way on Gregg Street. Property Owner: DENELE CAMPBELL Planner: JEREMY PATE Findings: See the attached maps and legal descriptions for the exact locations of the requested utility easement vacation. Background: The applicant currently has a PZD under review in the Planning Commission process for the construction of a commercial and multi -family development. The project plan has been developed around and is contingent upon the vacation of this portion of street right-of- way along Gregg Avenue, based on conversations with city staff and utility representatives. Gregg Avenue is a Local Street on the Master Street Plan, requiring a right-of-way dedication of 25 feet from centerline. Along with the vacation request, and as part of the Planned Zoning District proposal, the applicant is also requesting the Master Street Plan be amended for this portion of Gregg Avenue, down -grading its classification from a Local Street to an alley. The developer's proposal is to overlay the existing street and have the parking directly off of the new surface underneath the proposed buildings, a situation that is not allowed with Gregg Street's current classification and right-of-way requirements. Request: The applicant requests to vacate a portion of the existing Gregg Street right-of-way and to dedicate this area as a public alley 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 Ozarks Electric RESPONSE No Objections Cox Communications 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 I No Objections Engineering No Objections Recommendation: Staff recommends approval of the proposed R-O-W vacation 04-1178 with the following conditions: Conditions of Approval: 1. A 20' wide water and sewer easement shall be dedicated that runs north and south on the east side of the proposed buildings running generally with the proposed trail. It will need to connect from Meadow Street right-of-way to the Center Street right-of-way. PLANNING COMMISSION ACTION: yes Required ✓ Approved Denied Date: September 27, 2004 Comments: 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. Me Title Date CITY COUNCIL ACTION: yes Required Date: October 19, 2004 Description We are requesting that a portion of Gregg Street between Center Street and Meadow Street be vacated and that the remainder of the street be changed to an alley. Gregg Street has always functioned more as an alley than as a street. There is very little traffic that uses the street on a regular basis. The property that was acquired by Ms. Denele Campbell from the railroad was previously a railroad spur that had not been actively used in many years. The legal description of the railroad property overlapped the Gregg Street Right -of -Way along the east side of the ROW. In fact Ms. Campbell's West property line is as much as 18 feet into the Gregg Street ROW. The development that is being proposed will require that most of the parking be located under the proposed buildings. In order for this to function it will be necessary to back out of the garage structure on to Gregg Street. In order for this to be legal the Street Row will need to be converted to an alley. PARKING LOT I fi — > i —r— I � � - T- - 4 I 15 1E I 17 1g 19 �0 3 I I r , 6.440' (- iS �k no 132E 0 ez ri f 15 .00' ((� s CI'TjY Pfi0PER7Y\ Z RPP. 0I�1Fls'i I +—V T MI_ i j o / N t.___! ; Block O � ® � 2 Its Blo 109 x x23. o ; n _ It a/ . zi f l �', � ��}--�rv-vy� �118 � �•il(o � , 41� � � 110 _. N. 40,IN IN I I 1 I og�_ 40, i I' z Bloc a 1 o 3 Pi I -- 500 W -- t. 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I _ • I ( 3 : {:. 4l W -C3 P O 1' C 2 •'+jj i4 1d24RF IF R'^A R5F. n� .'i^...«`_I.�ff •• ••%•••>w• ••• .I R9FA R`JA RSFA • it CLL I RSFd P1-..P RAi-00 IGJ • • •`f •• •fa••••a•r♦ Y R 1, `t • c I =t rtd Ro �•�•f., �+. '�- IRSFd 11 RAT 1 [ LJ}C]•C] CO W� •R C2 _ RRW24tR I } ftsF4 SUBJECTP.ROPERTY { E RAT —yam SI-0l • • i 4 i VLJS 77 ._ RMFza -Aew�-z-.- I _,• -'.'{UTRa C]%i Ro�aq ca c4•�i fa { :'f `Y' -- 5F :•°-1 p'�} 1 npn-oow sr R' l�Nw•! RW40 —M-. • 2 1 • • IR C'C I yfI {, -_• 1 PSFIL IIIY j i •• � • , LI ROA R-0 • ! • 4, W Id r -t} •' .TAo"ru+�A♦a++lr • •al�(�x--•'�•w•_d. rl' 1— �t l IJ RSF- 24 __.. P I •�`RMF29 t'_='IfIF - RIL ! !i-0 �Ri-0wacy • 7trw•f r• �.. w,,, -26 wrze` fl -ti *a. F•.fl F;.I WmT.' • _. :.:-rWTNO RA1F'.6_ NfYN:i i�! i RMF 4- xt- RI3 P R24 �.P2d- _._ RM1 Q W f Rill W .r I , 1 -. z• 'y li Tl +� a aMw.Me► RI.FA _ RD -0 • i 4 G2 II i' I .F a L ROCK STD p� { AD- 0 ,e.`2 RdD �P' �R R3)j A♦)� R i'. II AO �I•�_ • ! S RAC'- .,' -24 PRIVATE C'2 '. 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YG2 R-0 RAf-z4 \: t /l •,RAF'l4 _If RAs.24 c2: - _ `2 LI RAT Y4i R-A RAT-24t41 Overview Legend _ -- - Subject Property Master Street Plan VAC04-1178 Boundary FreewayIEVressway Pnnapal Arterial a - Streets ti+Planning Area .•Minor Anenal o00og Eosins; oo 000c Overlay Districl I,. coector Paraded! Outside City •••• Historic Collector _ 0 0.1 0.2 0.4 0.6 0. Miles STAFF RENW FORM - NON -FINANCIAL OBLATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM Dawn T. Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: October 19, 2004 CP&E Department VAC 04-1178 was submitted by Steve Clark on behalf of Denele Campbell for property located north of Center Street and south of Meadow Street. The request is to vacate a portion of the Gregg Street right of way, rededicating this area as a public alley. STAFF RECOMMENDATION: Approval Division Head C City ttomey Department Director i���.o0•lti�"►.dc�.�• Financt & Internal Services Dir. i AM off-imm 16 /! U Date Date Date /P- o Date Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: -D Ip� Date Yes No FAYETTEXALLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 DEPARTMENTAL CORRESPONDENCE city—clork@ci.fayetteville.ar.us To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman%* City Clerk Division Date: October 25, 2004 Re: Ordinance No. 4629 The City Council passed the above ordinance, October 19, 2004, vacating a portion of right of way reclassifying an area as an alley on Gregg Avenue. I have attached a copy of the ordinance. 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: LaDawnya Cossey, Planning John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering AFFIDAVIT OF PUBLICATION I, Z, do solemnly swear that I am Leg_ 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: C 2was inserted in the regular editions on Po# (emu)( ovi// ** Publication Charge: $ /�o y "y- Subsccrribbeed and sworn to before me this day of , 2004. Cati;eru:: i Notary Public S` Notary Public, StateurHr(;ansas Washington County �` My Commission Expires 02/27/05 My Commission �Expires: ** Please do not pay from Affidavit. An invoice will be sent. RECEINIFD OCT 21 2004 CITY or FAYC'R:"` CRY CkRKS OFF" 212 NORTH EAST AVENUE 0 P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. — _— — _ -- — — ANORDINANCE OF THE OVING IGHT F WAY ]8 TOFOR GRVACATE GO a e evi le A PORTION AT THE RIGHT OF WAY FOR GREGG - STREET LOCATED BETWEEN CENTER STREET AND MEADOW-STREEr AND RECIASSIFYING THIS SUB- JECTRIGHTOFWAYASANALLEYASDEPICTEDON ARKANSAS THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds a portions thereof wt ich are not required for corporate purposes, and WHEREAS, the City Council has determined that the following described platted night of way is no linger required for corporate purposes. NOW; THEREFORE9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CT' OF FAYIET- TMr,C •nv�un a - Section 1; That the City of Fayellevllle, Arkansas hereby vacates and abandons the following described right of "Y,, retaining the use as a public alley: Sae &hibit'A' anacflad hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Gerk along with the map attached hereto and labeled Exhibit'B' shell be fled in the office of the Recorder of the County and recorded in the Deed Records of rho County. PASSED AIIA APPROVED this 19h day of October, 2004. ATTEST By: SONDRA BMRN, Clb Clark DP9BIT'A' VAGp4-1178 A PART OF THE WEST HALF QW1/2) BLOCK NUMBERED T PLAT OF FAYETTEVILLE, WASHINGTON COUNTY, AR AVENUE, ALTOGETHER BEING MORE PARTICULARLY C AT THE NORTHEAST CORNER OF SAID BLOCK TWENT ING IRON; THENCE N8] 1'50-W 221.96 FEET ALONG TI ONE (211 TO AN EXISTING RAILROAD FAIL WITH A CHIS ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-V RADIUS CURVE CONCAVE TO THE EAST THENCE SOUI THE CHORD FOR WHICH BEING SWIO1 55'W 31045 FI OF CENTER: STREET THENCE N78038'34'W 87.38'FEEC OF CENTER STREET TO ¢N D(ISTING CHISELED"%' II BEGINNING; THENCE CONTINUING ALONG THE NORM NIa°38'34'W 10.86 FEET TO A SET 1/2' IRON REBAR HUNDRED(100) FOOT WIDE RAILROAD RIGHT-OF-WAY;' WAY UNE OF CENTER STREET AND RUNNING ALONG Sr N02002'45'W'. 28.49 FEET TO A.SET 1/2' IRON RFRAR RECEIVED OCT 27 2004 �� �CS 0FFICEE IBED AS FOLLOWS: COMMENCING (21). SAID POINT BEING AN EXIST - Hi UNE OF SAID BLOCK TWENTY- 'X' ON THE EAST BOUNDARY OF A VD POINT BEING ON A 714.49 FOOT (ALONG SAID CURVE 312.95 FEET, D THE NORTH RIGHT-OF-WAY UNE G THE NORTH RIGHT-OF-WAY I INF THE OLD UNE OF