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HomeMy WebLinkAboutOrdinance 4978 Doc ID : 010886240004 TVDe : REL d Recorded : 03/01/2007 at 11 : 13 : 41 AM Fee Amt : $17 . 00 Paoe 1 of 4 i Mashlnaton Countv . AR Bette Stamos Circuit Clerk f F11e2007-00007493 ORDINANCE NO. 4978 AN ORDINANCE APPROVING VAC 06-2365 SUBMITTED BY MEL MILHOLLAND FOR PROPERTY LOCATED BETWEEN OLD FARMINGTON ROAD AND 6TH STREET, EAST OF 2190 WEST 6TH STREET, VACATING A 50' STREET EASEMENT ON A PORTION OF SANG AVENUE, CONTAINING 0. 167 ACRES. 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 the platted street easement is not required for corporate purposes; WHEREAS, the City Council has rendered the access provided by Sang Avenue obsolete through the construction of a signalized intersection at 6` ' Street and Sang Avenue to the east of the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described street easement: See Exhibit "B" attached hereto and made a part hereof. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . The existing 50' drainage easement and water/sewer easement which also occupies the 50' street easement to be vacated shall be retained. 2. Relocation of any existing utilities shall be at the owner/developer' s expense. Page 2 Ord. 4978 3 . The applicant shall dedicate appropriate access easements from Old Farmington Road to the adjacent property to the east through the proposed development; prior to removal of the existing access. 4. The applicant shall submit to the City a shared parking agreement which will allow the property to the east the right to utilize a minimum three spaces on the subject property. Nt PASSED and APPROVED this 6th day of February, 2007. ,` e F APPROVED: ATTEST: _ ; FAYETTEVILLE: 9Sy9:QKASSP�J?:� uunuu D 'COOD , Mayo SONDRA SMITH, City Clerk/Treasurer EXHIBIT . "A" b N s 4 a BANG AYZTAIE u 4 C Bf A i N NOLLYIM pAMLE Q f EXHIBIT `B" VAC 06-2365 A PART OF THE NORTHWEST QUARTER (NWI /4) OF THE NORTHWEST QUARTER (NWI/4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE NW ''A OF THE NW %a OF SECTION 20, THENCE S02°51 ' 14"W 5 .00 FEET TO A POINT ON THE SOUTH RIGHT- OF-WAY OF OLD FARMINGTON ROAD, THENCE ALONG SAID RIGHT-0F-WAY SAID LINE BEING A PERPENDICULAR DISTANCE OF 5.00 FEET SOUTH AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION 20. THENCE S86046100"E 1267.55 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF SANG AVENUE AND A SET IRON PIN, SAID POINT ALSO BEING ON THE NORTH BOUNDARY OF LANDS DESCRIBED IN INSTRUMENT NO. 97085750, FILED AND RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX- EFFICIO OF WASHINGTON COUNTY: THENCE ALONG SAID SOUTH RIGHT-OF-WAY S86046100"E 49.95 FEET, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF SAID SANG AVENUE AND A SET IRON PIN; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY S02040' 58"W 129.70 FEET, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 62 , ALSO KNOWN AS ARKANSAS STATE HIGHTWAY 180 AND AS 6T" STREET, AND A SET IRON PIN; THENCE ALONG SAID RIGHT-OF-WAY S60°09' 15"W 59.23 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF SAID SANG AVENUE, AND BEING AN A.H.T.D. MONUMENT; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY NO2040' 58" E 163 .03 FEET TO THE POINT OF BEGINNING, CONTAINING . 167 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, ARKANSAS. Washington Couniy, (AR II (cerWylh'is linstrumentlwas (filed on (03701il2067 '1 '1 1;3:41 ;AM (and lrecorde l !ln RealEstate •.File l.Nu.mber 20:07-00007493 Bette :Stamps - iCiccultCr by - GeD z/ la City of Fayetteville W Staff Review Form City Council Agenda Items , /nA �/_ a or vim( D Contracts 190110y � S 6-Feb-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 06-2365 : (Popeye's Chicken—& Biscuits, 559): Submitted by Mel Milholland for property located between Old Farmington Road and 6th Street, east of 2.190 West 6th Street. The request is to vacate a 50' street easement on a portion of Sang Avenue, containing 0. 167 acres. $0.00 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 LL Previous Ordinance or'Resolution # n/a Depaifment Dirbct&r Dat a Original Contract Date: n/a Original Contract Number: n/a City Attorney IReceiv .in Citylerk's Office Q ( I - Ib -ems ENTERED_ I � 1 w4 1 1h Finance and Internal Service Director. Date Received in Mayor's Office EMT AED AMayor ate Comments: I City Council Meeting of February 6, 2007 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: January 16, 2007 I Subject: Street Easement Vacation for Popeye's Chicken & Biscuits (VAC 06-2365) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a street easement on a portion of Sang Avenue located between Old Farmington Road and 6a' Street, east of 2190 W. 6 h Street. BACKGROUND On January 08, 2007, the Planning Commission approved a Large Scale Development for.. Popeye's Chicken and Biscuit at 2190 W. 6'h Street: The approval of the,developrnent .: plan is subject to the vacation of a street easement along Sang Avenue, : adjacent :t6: the, subject property, which will be utilized for parking spaces and a drive aisle. •,The easement contains approximately 0. 167 acres. Staff determined that no right-of-way had been' dedicated to the City for,Sang. Avenue right-of-way. Instead, an easement had been dedicated for the use of the 50': wide area as street for public access, as well as a drainage easement and water/sewer easement. Staff has met with the adjacent property owner, Mr. Steve Davis, regarding the removal of the existing street and subsequent replacement with a drive aisle and shared parking spaces. The parking along the east property line is located within the area to be vacated — up .to 13 ' from what is shown as the east property line. . Staff recommends conditioning.. the approval of the vacation upon the provision of a shared parking agreement to allow the property to the east the right to utilize a minimum three spaces on the subject property. DISCUSSION The Planning Commission voted 9-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval. Notification was provided to all appropriate utility representatives and adjoining property owners. Conditions of approval are recommended in order to satisfy the comments made by utility company representatives. Mr. Davis attended the Planning Commission meeting and commented that he, as well as a party interested in purchasing the property, would need time to evaluate this proposal City Council Meeting of February 6, 2007 Agenda Item Number and the effects it will have on parking and access. Informing Mr. Davis that there would be a period of several weeks before the vacation proposal would be reviewed at City Council, the Planning Commission voted to forward the item, recommending approval. BUDGETIMPACT None. I ORDINANCE NO. . AN ORDINANCE APPROVING VAC 06-2365 SUBMITTED BY MEL MILHOLLAND FOR PROPERTY LOCATED BETWEEN OLD FARMINGTON ROAD AND 6' STREET, EAST OF 2190 WEST 6THSTREET, VACATING A 50' STREET EASEMENT ON A PORTION OF SANG AVENUE, CONTAINING 0. 167 ACRES. 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 the platted street easement is not required for corporate purposes; WHEREAS, the City Council has rendered the access provided by -Sang Avenue obsolete through the construction of a signalized intersection at 6 h Street and Sang Avenue to the east of the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements: See Exhibit `B" attached hereto and made a part hereof. Section 3 : That this vacation approval is subject . to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. I L The existing 50' drainage easement and water/sewer easement which also occupies the 50' street easement to be vacated shall be retained. 2. Relocation of any existing utilities shall be at the owner/developer's expense. 3 . The applicant shall dedicate appropriate access easements from Old Farmington Road to the adjacent property to the east through the proposed development, prior to removal of the existing access. 4. The applicant shall submit to the City a shared parking agreement which will allow the property to the east the right to utilize a minimum three spaces on the subject property. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: % By. DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer I XHI'BIT . "A" � y BANG AKJryE � f B� RB 4A XOILiAGGp AWXUC . ❑ t' i EXHIBIT °B" VAC 06-2365 A PART OF THE NORTHWEST QUARTER (NWl /4) OF THE NORTHWEST QUARTER (NWI/4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE NW %4 OF THE NW '/ OF SECTION 20, THENCE S02051 ' 14"W 5.00 FEET TO A POINT ON THE SOUTH RIGHT- OF-WAY OF OLD FARMINGTON ROAD, THENCE ALONG SAID RIGHT-0F-WAY SAID LINE BEING A PERPENDICULAR DISTANCE OF 5 .00 FEET SOUTH AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION 20. THENCE S86046'00"E 1267.55 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF SANG AVENUE AND A SET IRON PIN, SAID POINT ALSO BEING ON THE NORTH BOUNDARY OF LANDS DESCRIBED IN INSTRUMENT NO. 97085750, FILED AND RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX- EFFICIO OF WASHINGTON COUNTY: THENCE ALONG SAID SOUTH RIGHT-OF-WAY S86046100"E 49.95 FEET, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF SAID SANG AVENUE AND A SET IRON PIN; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY S02040'58"W 129.70 FEET, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 62 , ALSO KNOWN AS ARKANSAS STATE HIGHTWAY 180 AND AS 6TH STREET, AND A SET IRON PIN; THENCE ALONG SAID RIGHT-OF-WAY S60°09' 15"W 59.23 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF SAID SANG AVENUE, AND BEING AN A.H.T.D. MONUMENT; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY NO2040'58" E 163.03 FEET TO THE POINT OF BEGINNING, CONTAINING . 167 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, ARKANSAS.