HomeMy WebLinkAboutOrdinance 4775 EXHIBIT A
VAC 05-1686
DESCRIPTION OF RIGHT OF WAY TO BE VACATED
THAT PART OF JUNCTION STREET ADJACENT TO LOTS 4, 53 6 AND 12, BLOCK 4 IN
MEADOW VALE SUBDIVISION (PLAT BOOK 1 AT PAGE 25) IN THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND LOTS 1 , 43 5, 6 AND 75
BLOCK 5 IN MEADOW VALE SUBDIVISION AND THAT PART OF THE PLATTED
ALLEY ADJACENT TO LOTS 6 AND I 1 AND 12, BLOCK 4 AND LOTS 6 AND 7, BLOCK
5 IN MEADOW VALE SUBDIVISION, BEING PART OF THE SW1 /4 OF THE SE1 /4 OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF LOT 1 ,
BLOCK 4 OF SAID MEADOW VALE SUBDIVISION; THENCE ALONG THE EAST LINE
OF SAID LOT 1 S02056'38"W 220.01 FEET TO A FOUND IRON PIN ON THE EAST LINE OF
SAID LOT 4, BLOCK 4 OF SAID MEADOW VALE SUBDIVISION; THENCE CONTINUING
ALONG THE EAST LINE OF SAID LOT 4 S02057'51 "W 90.00 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 4, BLOCK 4 AND THE POINT OF BEGINNING; THENCE
S02057'51 "W 20.00 FEET; THENCE S87°08'48"E 143 . 15 FEET TO A POINT ON THE
WESTRERLY RIGHT OF WAY LINE OF VALE AVENUE; THENCE ALONG SAID RIGHT
OF WAY LINE SO 1030' 10"E 20.06 FEET; THENCE DEPARTING SAID RIGHT OF WAY
LINE N87008'48"W 294.81 FEET TO THE NORTHWEST CORNER OF SAID LOT 6, BLOCK
5; THENCE ALONG THE WEST LINE OF SAID LOT 6, BLOCK 5 S02°56'48"W 28 . 19 FEET;
THENCE N87006'08"W 10.00 FEET TO A POJNT ON THE EAST LINE OF SAID LOT 71
BLOCK 5; THENCE NO2056'48"E 28. 18 FEET TO THE NORTHEAST CORNER OF SAID
LOT 7, BLOCK 5; THENCE ALONG THE NORTH LINE OF SAID LOT 7, BLOCK 5
N87008'48"W 59.72 FEET; THENCE NO2052'32"E 40.00 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT 12, BLOCK 4; THENCE ALONG SAID SOUTH LINE S87008'48"E 59.77
FEET TO THE SOUTHEAST CORNER OF SAID LOT 12, BLOCK 5 ; THENCE ALONG THE
EAST LINE OF SAID LOTS 12 AND 11 , BLOCK 5 NO205614811E 89.83 FEET; THENCE
S87° 12'32"E 10.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 6, BLOCK 4;
THENCE S02056'48"W 89.84 FEET TO THE SOUTHWEST CORNER OF SAID LOT 65
BLOCK 5 ; THENCE S87°08'48"E 150. 12 FEET TO THE POINT OF BEGINNING,
CONTAINING 12,853 SQUARE FEET OR 0.295 ACRES, MORE OR LESS, SUBJECT TO
ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
Washington County, nt
1 certify this instrument Was filed on
1111512005 01 :07:54 PMReal Estate
and recorded in
File Number 20 C. W rcuttC 14
Bette St ,P
S M by
,ftt � 5
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
4-Oct-05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 05- 1686: (Schultz, 599): Submitted by N. Arthur Scott, for property located at 1921 South Vale Avenue. The property is
zoned RMF-24, Residential Multi Family, 24 units per acre. The request is to vacate a portion of the right of way at the subject
property.
$363.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
4 -Is � os
Depa ment Di ctor Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's Office j�gEp
y rs
Jc • aS
Finance and Internal Service Director Date
Received in Mayor's Office WSW
I os
0
Mayr Date
Comments:
• City Council Meeting of October 4, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: September 14, 2005
Subject: Right-of-Way Vacation for Schultz (VAC 05- 1686)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating the Junction Street right-of-
way east of Razorback Road and west of Vale Avuene and a 10-foot north-south alley, as
depicted herein.
BACKGROUND
The subject property is in south Fayetteville east of Razorback Road, west of Vale Avenue,
and south of Sligo Street. The plat on record in the Washington County assessor' s office
depicts this right-of-way as Junction Street in the Meadow Vale Subdivision. Currently no
public utilities or public uses occupy the easement. Junction Street (the subject right-of-way)
was platted as a local street/alley varying in right-of-way width from 40' in the western
portion to 20' in the eastern portion. Additionally, a 10-foot north-south alley is requested to
be vacated. The street/right-of-way grid in this area was dramatically altered when the State
Highway Department installed Razorback Road. This right-of-way is currently undeveloped.
A 25 ' front setback required off of this right-of-way is required under the City's current
zoning criteria. Due to the lot configuration, it is not feasible to construct buildings on the
property that meet these required building setbacks. The applicant requests to vacate the
right-of-way as described and depicted in the attached documents.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners. No objections were submitted. Conditions pertinent to the subject request are
included as a condition of approval. These conditions include dedicating an appropriately
sized utility easement and having the applicant construct a private street to public street
standards, including sidewalks connecting Vale Avenue and Razorback Road in the vicinity
of the right-of-way. The Planning Commission voted 7-0-0 to forward this item to the City
Council with a recommendation for approval of the vacation request at the regular meeting of
September 12, 2005 .
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 05- 1686 SUBMITTED BY
N. ARTHUR SCOTT FOR PROPERTY LOCATED AT 1921
SOUTH VALE AVENUE, VACATING A PORTION OF THE
RIGHT OF WAY AS INDICATED ON THE ATTACHED MAP
AND LEGAL DESCRIPTION.
WHEREAS, the City Council has the authority under A.C.A. Section 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.
/ ^
M �\
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 its
rights, together with the rights of the/ `public generally, in the following
described right of way:
See Exhibit "A" attached hereto and'made a part hcrc6�
Section 2. That a copy of this Ordinance duly certifiedby the City Clerk shall be filed
in .tfie office of the Recorder of the' County and recorded in the Deed
Records oftlie County.
Section 3 . That 'the applicant shall construct a minimum 24' width private street
including sidewalks on both sides to City standards through the vacated
right-of wayyicinity connecting Vale Avenue and Razorback Road. This
�r paved street;"shall remain open for public access and maintained by the
A applicant.
i
Section 4. That a , utility easement along the private street shall be recorded, prior to
`
issuance, of a building permit, meeting the requirements of the City.
PASSED AND APPROVED this day of 52005 .
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 05-1686
DESCRIPTION OF RIGHT OF WAY TO BE VACATED
THAT PART OF JUNCTION STREET ADJACENT TO LOTS 4, 5, 6 AND 12, BLOCK 4 IN
MEADOW VALE SUBDIVISION (PLAT BOOK 1 AT PAGE 25) IN THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND LOTS 15 47 53 6 AND 7,
BLOCK 5 IN MEADOW VALE SUBDIVISION AND THAT PART OF'THE PLATTED
ALLEY ADJACENT TO LOTS 6 AND 11 AND 12, BLOCK 4 AND LOTS 6 AND 7, BLOCK
5 IN MEADOW VALE SUBDIVISION, BEING PART OF THE SW 1/4 OF THE SEIA OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST4ASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED\AS FOLLOWS :
COMMENCING AT A FOUND IRON PIN AT TH�/RTHEAST CORNERNLOT 1 ,
BLOCK 4 OF SAID MEADOW VALE SUBDIVISION;\THENCE ALONG THE EAST LINE
OF SAID LOT 1 S02056'38"W 220.01 FEET TO A FOUND.IRON PIN ON THE EAST LINE OF
SAID LOT 4, BLOCK 4 OF SAID MEADOW VALE SUBDIVISION; THENCE CONTINUING
ALONG THE EAST LINE OF SAID LOT;-4,S02°57'51 "W 90,00 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 4, BLOCK 4 AND THE POINT OF BEGINNING; THENCE
S02057'51 "W 20.00 FEET; THENCE S87008148"E 143:15 FEET TO/A POINT ON THE
WESTRERLY RIGHT OF WAY LINE OF VALE AVENUE;THENCE ALONG SAID RIGHT
OF WAY LINE S01030' 10"E-20.06 FEET; THENCE DEPARTING SAID RIGHT OF WAY
LINE N87008'48 "W 29/4:81"FEET TO THE NORTHWEST CORNER OF SAID LOT 6, BLOCK
5; THENCE ALONG THE WEST LINE OF SAID\LOT 6, BLOCK 5 S02°56'48"W 28. 19 FEET;
THENCE N87006'0811W\10:00 FEET TO A POJNTON THE EAST LINE OF SAID LOT 71
BLOCK 5; THENCE NO2°56'48/'.0-K18-FEET TOTHE NORTHEAST CORNER OF SAID
LOT 7, BLOCK 5;THENCE\AL�ONG THE.NORTH LINE OF SAID LOT 7, BLOCK 5
N87008'48/' W 59.72~FEET; THENCE NO2°52'32"E 40.00 FEET TO A POINT ON THE SOUTH
LINE OF(SAID LOT 12�13LOCK\4• THENCE ALONG SAID SOUTH LINE S87°08'48"E 59.77
FEET TO THE SOUTHEAST\CORNER�OF SAID LOT 12, BLOCK 5 ; THENCE ALONG THE
EAST LINE, OF SAID LOTS 12 AND 11 , BLOCK 5 NO2056'48"E 89.83 FEET; THENCE
S87012'32"E I0?00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 6, BLOCK 4;
THENCE S02°56'48�W 89.84/FEET TO THE SOUTHWEST CORNER OF SAID LOT 6,
BLOCK 5; THENCE S87°08'48"E 150. 12 FEET TO THE POINT OF BEGINNING,
CONTAINING 12,853 +SQUARE FEET OR 0.295 ACRES, MORE OR LESS, SUBJECT TO
ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
0 0
aye ev1 le PC Meeting of September 12, 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: Andrew Gamer, Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Direct of Current Planning
DATE: Sept^•. +beFS 005; September 14, 2005
VAC 05-1686: Vacation (Schultz, pp 599) Submitted by N. ARTHUR SCOTT for
property located at 1921 SOUTH VALE AVENUE. The property is zoned RMF-24,
MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.29 acres. The
request is to vacate a portion of the right-of-way at the subject property.
Planner: ANDREW GARNER
Findings:
Property Description and Background: The subject property is in south Fayetteville east
of Razorback Road, west of Vale Avenue, and south of Sligo Street. The plat on record
in the Washington County assessor's offices depicts this right-of-way as Junction Street
in the Meadow Vale Subdivision. Currently no public utilities or public uses occupy the
easement. Junction Street (the subject right-of-way) was platted as a local street/alley
varying in right-of-way width from 40' in the western portion to 20' in the eastern
portion. This right-of-way is currently undeveloped.
Request: The applicant's request is to vacate the Junction Street right-of-way as it is no
longer necessary to facilitate the construction of a public street through the area, and in
order to enable the development of lots to the north and south of the subject right-of-way.
A 25 ' front setback required off of this right-of-way is required under the City's current
zoning criteria. It is not feasible to construct buildings that meet these required building
setbacks.
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
TCA Cable No Objections
KALTom\2005TC Reports\09-12-05\VAC 05-1686 (Schultztdoc
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections.
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: The applicant has submitted the required notification forms to the
adjacent property owners. Adjacent property owners have not provided any written or
verbal objections to the proposed right-of-way vacation.
Recommendation: Staff finds that vacating the right-of-way would not adversely affect
the City's Master Street Plan, or traffic flow to the property or any other properties. Staff
recommends approval of the proposed right-of-way vacation VAC 05-1686 with the
following conditions:
1 . The applicant shall construct a minimum 24' width private street including 6'
sidewalk on both sides to City standards through the vacated right-of-way vicinity
connecting Vale Avenue and Razorback Road. This paved street shall remain
open for public access and maintained by the applicant.
PLANNING COMMISSION ACTION: yes Required
Recommendation to be: X Approved Denied
Date: September 12, 2005 A„¢b25� Glark a Q
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.
By
Title
Date
K1Reports\2005\PC Rcpor1s\09-12-05\VAC 05-1686 (Schultz).doc
UTILTIY APPROVAL FORM
FOR RIGHT-OF,-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 16,2005
UTILITY COMPANY: City of Fayetteville Water & Sewer.
REQUESTED VACATION (applicant must check all that apply)
Utility Easement
X Right-of-way for alley or street and all utility easement located within the vacated right-
of-way
X Alley
Street of right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way),
described as follows:
General location/Address: Junction Street See attached Exhibit ( Site has been staked to
show Vacating Request)
17eLAP L , Vn ?
(Included legal description and graphic representation of what is being vacated)
UTILITY COMPANY COMMENTS:
No objection to the vacation(s) described above.
X No objections to the vacation(s) described above, provided following described easement
are retained.
(State the location, dimensions, and purpose below.)
nQ n�tri e W Id 1 0-h It Se *Wt.
Signatt e U ility Company Representative
Titic
)
UTILTIY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 16,2005
UTILITY COMPANY: SouthwesterWlectric Power Company.
REQUESTED VACATION (applicant must check all that apply)
Utility Easement
X Right-of-way for alley or street and all utility easement located within the vacated right-
of-way
X Alley
Street of right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way),
described as follows:
General location/Address: Junction Street See attached Exhibit ( Site has been staked to
show Vacating Request)
(Included legal description and graphic representation of what is being vacated)
UTILITY COMPANY COMMENTS:
No objection to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easement
are retained.
(State the location, dimensions, and purpose below.)
i nature Uti ' Company Representative
Title-/
UTILTIY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 16.2005
UTILITY COMPANY: City of Fayetteville Streets Department.
REQUESTED VACATION (applicant must check all that apply)
Utility Easement
X Right-of-way for alley or street and all utility easement located within the vacated right-
of-way
X Alley
Street of right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way),
described as follows:
General location/Address: Junction Street See attached Exhibit ( Site has been staked to
show Vacating Request)
(Included legal description and graphic representation of what is being vacated)
UTILITYCOMPANYCOMMENTS:
* No objection to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easement
are retained.
(State the location, dimensions, and purpose below.)
G zs�s
Signall,W4 of Utility Company Representative
- rm# lm sem.
Title � A5 l �' !(�lf /lrY%
r ')
UTILTIY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 16.2005
UTILITY COMPANY: City of Fayetteville Sanitation Department.
REQUESTED VACATION (applicant must check all that apply)
Utility Easement
X Right-of-way for alley or street and all utility easement located within the vacated right-
of-way
X Alley
Street of right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way),
described as follows:
General location/Address: Junction Street See attached Exhibit ( Site has been staked to
show Vacating Request)
(Included legal description and graphic representation of what is being vacated)
UTILITY COMPANY COMMENTS:
No objection to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easement
are retained.
(State the location, dimensions, and purpose below.)
IS gnature of Utility Cotnp2n epresentative
Title