HomeMy WebLinkAboutOrdinance 4702 ORDINANCE NO, 4702
AN ORDINANCE APPROVING VAC 05- 1435
SUBMITTED BY MATT CRAFTON FOR PROPERTY
LOCATED NEAR 6T" STREET AND HILL AVENUE,,
VACATING RIGHT-OF-WAY FOR DUNCAN AVENUE
AND ANDERSON PLACE ON THE SUBJECT PROPERTY
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 portion of
right-of-way is not required for corporate purposes.
WHEREAS, the City Council has determined that the public interest and welfare will not be
adversely affected by the abandonment of the street right-of-way.
WHEREAS, the street connectivity will be maintained with the construction and dedication of
new public streets on the subject property as part of the Aspen Ridge Planned Zoning District project.
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 all of its rights
together with the rights of the public generally, in and to the following described rights-of-way for
Duncan Avenue and Anderson Place on the subject property, more particularly described as follows:
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.
Section 3 : That this Vacation approval is subject to the conditions of approval listed in the staff
report and Planning Commission recommendation as described in Exhibit "C" attached hereto and
made a part hereof.
PASSED and APPROVED this 17th day of May, 2005 .
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SO DRA SMITH, City Clerk Fi1e200am 8 1rcult Clerk
GREW00026491
EXHIBIT "A"
VAC 05-1435
PART OF THE SOUTH 1/2 OF THE SW 1/4 OF SECTION 16, AND A PART OF THE NORTH
1 /2 OF THE NW 1 /4 OF SECTION 21 , T- 16-N, R-30-W, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS :
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 21 , SAID POINT BEING AN EXISTING IRON PIPE;
THENCE N86014'53"W ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 12.66 FEET; THENCE
S02022'54"W A DISTANCE OF 20. 19 FEET TO THE POINT OF BEGINNING; THENCE
S87004' 12"E A DISTANCE OF 436.75 FEET; THENCE NO2°49'04"E A DISTANCE OF 20.00
FEET; THENCE NO2°23' 10"E A DISTANCE OF 10.00 FEET; THENCE N87°04'09"W A
DISTANCE OF 412.06 FEET; THENCE NO2°22'54"E A DISTANCE OF 270. 15 FEET TO
SOUTH LINE OF ARKANSAS HIGHWAY 180 RIGHT-OF-WAY; THENCE N87°40'49"W A
DISTANCE OF 12.34 FEET TO AN EXISTING ARKANSAS HIGHWAY COMMISSION
RIGHT-OF-WAY MONUMENT; THENCE N87°41 '42"W ALONG THE SOUTH
RIGHT-OF-WAY OF SAID HIGHWAY A DISTANCE OF 12.66 FEET; THENCE S02°22'54"W
A DISTANCE OF 299.89 FEET TO POINT OF BEGINNING, CONTAINING 0.4559 ACRES,
FAYETTEVILLE, ARKANSAS.
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aye evl e PC Meeting of April 25 , 2005
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Jeremy Pate, Director of Current Planning
DATE: April 19, 2005
VAC 05-1435: (ASPEN RIDGE, 522/561): Submitted by MATT CRAFTON OF CRAFTON,
TULL & ASSOC. for property located at DUNCAN AVENUE AND ANDERSON PLACE
BETWEEN 6TH STREET AND HILL AVENUE. The property is zoned R-PZD 04- 1307 and
contains approximately 27.969 acres. The request is to vacate rights-of-way within the subject
property.
Property Owner: HANK BROYLES
Property Owner: HAL FORSYTH Planner: JEREMY PATE
FINDINGS :
Background: A Residential Planned Zoning District was approved for the subject property by
the City Council in January, 2005 for an infill development of 220 condominiums. As part of the
development, two on-site streets have been redesigned in a better configuration, to allow for
vehicular and pedestrian connectivity within the future neighborhood. In order to do so, and site
buildings with appropriate distance from the planned streets, the fights-of-way for the existing
Duncan and Anderson Streets are required to be vacated. There are existing utilities located
within these rights-of-way, and conditions are proposed as part of the approval recommendation
to maintain access for regular maintenance of the utilities until they have been relocated, after
which they may be abandoned for the new utilities being installed. The Planning Commission
and City Council did vote in favor of the Planned Zoning District with a determination in favor
of the now requested street vacations, as part of the conditions of approval (see attached).
Request: The request is to vacate a portion of right-of-way for Duncan and Anderson streets on
the subject property.
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 response received
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections. Provide a 20'
K:\Rcports\2005\PC Repons\04-25-05\VAC 05-1435 (Aspen Ridge).doc
utility easement on the south side of
the Hill Street and Oh Street.
SW Bell No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. Water and Sewer
services must be relocated or re-
routed prior to vacation of the rights-
of-way.
Transportation No Objections
Solid Waste No response received
Engineering No Objections.
Public Comment: The applicant has submitted the required notification forms to the adjacent
property owners. Adjacent property owners had no objections to the proposed vacation.
Recommendation : Vacating the the rights-of-way in question would not adversely affect access
to the property or any other adjacent property. A 20-foot utility easement has been provided as
requested by the Gas company (see attached recorded document). Staff recommends approval of
the proposed right-of-way vacation VAC 05- 1435, with the following conditions:
1 . All conditions required by the Water and Wastewater Division for relocation of existing
services, provision of continuous, uninterrupted service to surrounding properties and
abandonment of existing lines as detailed in the memo attached hereto and made a part
hereof shall be the responsibility of the applicant prior to the issuance of building permits
for those structures affected by the requested vacation.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: April 25, 2005
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
K:\Reports\2005\PC Reports\04-25-05\VAC 05-1435 (Aspen Ridge).dm
By
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
K:\Repcnts\2005\PC Rcpons\04-25-05\VAC 05-1435 (Aspen Ridge).doc
Washington County, AR
1 certify this instrument was filed on
0812012005 02:33:47 PM
and recorded m Real Estate
File 'Number 2005-00028491
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City Council Meeting of May 17, 2005 5117145
Agenda Item Number el 'Q0-
CITY COUNCIL AGENDA MEMO ;l/AC 05_ 1q,5,5
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To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: April 28, 2005
Subject: Right-of-Way Vacation for Aspen Ridge (VAC 05- 1435)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating existing rights-of-way for
Duncan Street and Anderson Street on subject property, as depicted herein.
BACKGROUND
Background: A Residential Planned Zoning District was approved for the subject
property by the City Council in January, 2005 for an infill development of 220
condominiums. As part of the development, two on-site streets have been redesigned in a
better configuration, to allow for vehicular and pedestrian connectivity within the future
neighborhood. In order to do so, and site buildings with appropriate distance from the
planned streets, the rights-of-way for the existing Duncan and Anderson Streets are
required to be vacated. There are existing utilities located within these rights-of-way, and
conditions are proposed as part of the approval recommendation to maintain access for
regular maintenance of the utilities until they have been relocated, after which they may
be abandoned for the new utilities being installed. The Planning Commission and City
Council did vote in favor of the Planned Zoning District with a determination in favor of
the now requested street vacations, as part of the conditions of approval (see attached).
Request: The request is to vacate a portion of right-of-way for Duncan and Anderson
streets on the subject property.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners. No objections were submitted. Conditions as requested and pertinent to the
subject request are included as a condition of approval. The Planning Commission voted
8-0-0 after discussion to forward this item to the City Council with a recommendation for
approval of the vacation request at the regular meeting of April 25, 2005.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 05- 1435 SUBMITTED BY MATT
CRAFTON FOR PROPERTY LOCATED NEAR 6Tn STREET AND HILL
AVENUE, VACATING RIGHT-OF-WAY FOR DUNCAN AVENUE AND
ANDERSON PLACE ON THE SUBJECT PROPERTY.
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 portion of
right-of-way is not required for corporate purposes.
WHEREAS, the City Council has determined thatslhe public interest and welfare will not
be adversely affected by the abandonment of the street<f ght4f-way.
WHEREAS, the street connectivity will`�be ^maintained with the construction and
dedication of new public streets on the subject property'as part,,of lhe'Aspen Ridge-Planned Zoning
District project.
NOW, THEREFORE, BE IT ORDAINEDwBX THE CITY4`CCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
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Section 1 . That the City of Fayetteville,'-Arkansas:hereby vacates and abandons all of
itufights together with the rights of.:the public generally, in and to the
Allowing escribed rights-of--way for Duncan Avenue and Anderson Place
on the subject property more'particularly described as follows:
See Exhibit Ak' attached hereto',wfd made apart hereof.
Section 2 `That=a copy ofthis Ordinance duly certified by the City Clerk along with the
map atched fisc t 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.
Section 3. That this'` Vacation approval is subject to the conditions of approval listed in
the staff report and Planning Commission recommendation as described in
Exhibit "C" attached hereto and made a part hereof.
PASSED AND APPROVED this day of 12005.
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 05-1435
PART OF THE SOUTH '/� OF THE SW 1 /4 OF SECTION 16, AND A PART OF THE NORTH
OF THE NW '/< OF SECTION 21 , T- 16-N, R-30-W, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS :
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1 /4 OF THE
NORTHWEST 1 /4 OF SAID SECTION 21 , SAID POINT BEING AN EXISTING IRON PIPE;
THENCE N86014'53"W ALONG THE NORTH LINE OFjHE NORTHWEST 1 /4 OF THE
NORTHWEST 1 /4 OF SAID SECTION 21 A DISTANCE OF`J2.66 FEET; THENCE
S02022'54"W A DISTANCE OF 20. 19 FEET TO THETP_OINT OF BEGINNING; THENCE
S87°04' 12"E A DISTANCE OF 436.75 FEET; THENCE NO204990411E A DISTANCE OF 20.00
FEET; THENCE NO2°23' 10"E A DISTANCE OF 0.00 FEET; THENCE \N87°04'09"W A
DISTANCE OF 412.06 FEET; THENCE NO2'22'5-4"ESA DISTANCE OF 270. 15 FEET TO
SOUTH LINE OF ARKANSAS HIGHWAY 180 RIGH F-,O WAY; THENCE N87040'49"W A
DISTANCE OF 12.34 FEET TO AN EXISTING ARKANSAS HIGHWAY COMMISSION
RIGHT-OF-WAY MONUMENT; THENCE N87°41 '42":W ALONG THE SOUTH
RIGHT-OF-WAY OF SAID HIGHWAY A�DIS`PANCE OF 12 66FEET; THENCE S02°22'54"W
to .' !, .: ' >
A DISTANCE OF 299.89 FEET TO POINT OF BEGINNING, CONTAINING 0.4559 ACRES,
FAYETTEVILLE, ARKANSAS. �� v `
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aye evi
ARKANSAS
WATER AND WASTEWATER DIVISION
DEPARTMENTAL CORRESPONDENCE
To: City Planning
Thru: Engineering
From: David Jurgen, Water/Wastewater
Date: April 18, 2005
Subject: Easement Vacation Request, Aspen dge Subdivision
The easement vacation for South Duncan Avenue and Anderson Place is approved contingent
upon the following:
the sewer lines shall be rerouted, replaced and/or installed in accordance with the
construction plans dated 1 April 2005, produced by Crafton, Tull and Associates;
the sewer lines must provide continuous, uninterrupted service to the properties to the
north through the duration of construction of the sewer lines in said construction plans;
and
the existing 2" water line shall be properly capped and abandoned per said construction
plan.
When the above condition are met, the South Duncan Avenue and Anderson Place right of way
vacation shall take effect, and no easements shall be required within the vacated rights of way
except as coincidentally located therein as identified by the Aspen Ridge easement plat.
Andaw0I=-nmcwk-ea tMar05-02dm
PETITION TO VACATE RIGHTS-OF-WAY LOCATED IN THE CITY OF
FAYETTEVILLE, ARKANSAS
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 and
easements hereinafter sought to be abandoned and vacated, lying in the City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is
described as follows:
Anderson Place and Duncan Avenue between 6th Street and Hill Avenue, further
described as follows:
Part of the South 1 /2 of the SW 1 /4 of Section 16, and a part of the North 1 /2 of
the NW 1/4 of Section 21 , T-16-N, R-30-W, Washington County, Arkansas, being
more particularly described as:
Commencing at the Northeast comer of the Northwest 1/4 of the Northwest 1 /4 of
said Section 21 , said point being an existing iron pipe; thence N86°14'53"W
along the North line of the Northwest 1 /4 of the Northwest 1 /4 of said Section 21
a distance of 12.66 feet; thence S02°22'54"W a distance of 20. 19 feet to the
Point of Beginning; thence S87004'12"E a distance of 436.75 feet; thence
NO2°49'04"E a distance of 20.00 feet; thence NO2`23'1WE a distance of 10.00
feet; thence N87°04'09"W a distance of 412.06 feet; thence NO2°22'54"E a
distance of 270. 15 feet to south tine of Arkansas Highway 180 Right-of-Way;
thence N87040'49"W a distance of 12.34 feet to an existing Arkansas Highway
Commission right-of-way Monument; thence N87041 '42"W along the South
Right-of-Way of said Highway a distance of 12.66 feet; thence S02°22'54"W a
distance of 299.89 feet to the Point of Beginning, containing 0.4559 acres,
Fayetteville, Arkansas.
That the abutting real estate affected by said abandonment of the right-of-way are all
owned by us, that we intend to dedicate new right-of-way to the City of Fayetteville in
conjunction with the Aspen Ridge project, 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 and any 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 us, who are
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
and said utility and sewer easements, and that title to said real estate sought to be
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