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:
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D 'COOD , Mayo SONDRA SMITH, City Clerk/Treasurer
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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
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City of Fayetteville W
Staff Review Form
City Council Agenda Items , /nA �/_ a
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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
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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.
i !,I a,
LL.
PC Meeting of January 8, 2007
THE CITY OF FAYE.TTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Matt Casey, Assistant City Engineer
THRU: - Jeremy Pate, Director of Current Planning
DATE: January 4, 2007 Updated January 10, 2007
VAC 06-2365: (POPEYE'S CHICKEN & BISCUITS, 559): Submitted by MEL
MILHOLLAND for property located at SANG AND 6TH ST., BETWEEN THE PAWN
SHOP AND THE OLD SHAKE'S SITE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 0.17 acres. The
request is to vacate a 50' street easement of Sang Avenue N. of 6th Street, along and
inside the E property, W of the former Shake's site. Planner: Suzanne Morgan
Findings:
Property: The subject property contains approximately 0.17 acres. It is located between
an existing Pawn Shop and the Shake's abandoned building. The pawn shop property is
proposed to be redeveloped for a Popeye's.
Staff has 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 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.
Request: The applicant requests to vacate the street easement which exists on the subject
property.
The applicant notified adjacent property owners of the request. Responses were received
from all but 3 of the adjacent property owners. All responses received indicated no
objection to the request.
K:\Reports\2007\PC Reports\01-0g-0TVAC 06-2365 (Popeye's).DOC
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows:
UTILITIES
Ozarks Electric
Cox Communications
AEP/SWEPCO•
SBC Southwestern Bell/AT&T
Arkansas Western Gas
CITY OF FAYETTEVILLE:
Water/Sewer
Transportation
Solid Waste
RESPONSE
No Objections.
No Objections.
No objections if the northern
20' easement adjacent to Old
Farmington Rd is maintained.
No objections. Should any
relocation of existing utilities
shall be at the
owner/developer's expense.
No Objections.
RESPONSE
Objection. There is a water
main in the middle of the
easement. Staff has proposed
a condition of approval that
the existing water/sewer
easement and drainage
easement that also occupy the
same area as the street
easement remain, providing
sufficient rights and area for
the city to maintain public
facilities.
No Objections.
No Objections as long as
Solid Waste can maintain
access to service containers
to adjoining properties.
Recommendation: Staff finds that vacating street easement would not adversely affect
the public welfare or access to the surrounding 'rights -of -way or properties. Staff
recommends approval 'of the proposed street easement vacation 06-2365 with the
following conditions:
K:\Reports\200TPC Rcports\01-O8-07\VAC 06-2365 (Popcyc's).DOC
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.
Y5
• The legal description shall be modified as necessary to meet GIS Division
�approval prior to City Council consideration.
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\ S Contan�o-s bey,-Yy�e.}. lµ,�,UIS�1Y�5 �.�n VLM ap c-ov #`{� (f
PLANNING COMMISSION ACTION: yes Required
X Approved Denied
Motion: (On Consent) Graves
Second: Ostner
Vote: 9-0-0
Date: January 8, 2007
Comments: Steve Davis commented that he would need time to evaluate this
proposal, and the people who have offered to purchase his property would need time to
evaluate it as well Mr. Pate stated that there would be several weeks before this would
even be heard at City Council which should give Mr. Davis and his buyer the time that
they need.
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total.
without exception by the entity requesting approval of this development item:
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: February 6, 2007
R:\Rcpons\200TPC Repons\01-O8-07\VAC 06-2365 (Popeyc's). DOC
+pireer;ng &Swvepin$
Melvin L. Milholland, PE, PLS
Thomas M. Jefcoat, RLA, REM,
August 24, 2006
FAYETTEVILLE
125 West Mountain
Fayetteville, Arkansas 72701
CPESC, ISA-CA
ATTN: Planning Division
RE: Vacate Request of portion of Sang Ave.
Dear Planning Staff
REGISTRATIONS:
PE: AR, MO
PLS: AR
RLA: AR
Project No. E-816
This correspondence is in request to vacate that portion of Sang Ave. at it's abandoned
intersection (a new intersection is located to the east) on the north side of 6m Street. Our Client,
Bob Vanstavern - originally owned and dedicated this right-of-way area for public use, is
requesting it's return (vacation) due to the City's abandonment of the area in relocating the
intersection eastward. Mr. Vanstavern feels that the entire right-of-way area should be return to
him, the original property owner and current owner of properties adjoining the abandoned right-
of-way area to the west. Mr. Vanstavern is currently in the process of negotiating improvements
to properties to the west and feels that the return of the entire area will be highly beneficial in
these efforts. Should the property be divided between the adjoining property owners it remains
Mr. Vanstavern's desire that the area be vacated.
Utility easements will remain and are shown on the vacation plat. No disruption or relocation of
utilities are proposed by this vacation request. Future improvements to the adjoining west
Property will provide for under installation of over -head utilities and the expense of any utility
relocations (none anticipated)-
MCO has preliminarily spoken with Jessie Fulcher concerning this vacation request and making
Mr. Vanstavern's desire for the full return of the right-of-way to him. Should there be questions
(necessary to discuss) or need of additional information regarding this request, please call.
Thank you for
Thomas M Jefcoat, ASLA.
Senior Projects Manager
cc: Bob Vam4avem
and cooperation in this matter.
205 W. Center StFayetteville AA 72701; phone (479) 443-4724; fax: 443-4707; a -mail MCOen r@swbell.net web: www.mcoengr corn
1 , .
cunpan y REGISTRATIONS:
&yineeriny &Sews PE: AR, MO
Melvin L. Milholland, PE, PLS PLS: AR
Thomas M. Jefcoat, RLA, REM, CPESC, ISA-CA RLA: AR
August 11, 2006 Project No. E-816
FAYETTEVILLE
125 West Mountain
Fayetteville, Arkansas 72701
ATTN: Planning 'Division
RE: Vacate Request - Sang Avenue
Dear Planning Staff:
This correspondence is made for compliance with Checklist Item 5 of the Application for
Vacation.
Our client Bob Vanstavem, owner of the property west and adjacent to that portion of Sang
Avenue abandoned in the recent relocating of the Sang Avenue approach at 6a' Street (Hwy 45,
180, and 62) to the east, desires that the property, the entire right-of-way, be returned to the
original tract of property from which it was dedicated, taken.
Mr. Vanstavern owns the property from which the right-of-way was originally dedicated. & He
desires, is petitioning that the property be returned to him. Mr. Vanstavern feels that rightfully,
the property should belong to him. if no longer utilized by the City as a public roadway. The
attached documentation dearly identifies the right-of-way dedication by the property owner.
This property should no longer be retained by the City. This property should not be retained by
the City or sold for other use than by the City for public roadway access as intended by the
original dedication. Therefore, Mr Vanstavem's request must be honored.
It is Mr. Vanstavern's intention to improve and develop the property.
Should you have any questions or require additional information, please advise.
Sincerely,
Senior Projects Manager
205 W. Center St, Fayettevdh, *1(1210!; phone: (419) 443-4124; fax: 443-4107; e-mail: t1C0engr(a)swbell.ner, web: www.mcoengr.com
/
SHOP AND BLOCK BUSTER VIDEO, 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 (alley, easement, right-of-way) hereinafter
sought to be abandoned and vacated, lying in (lot, block, subdivision), City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate a(n) (alley, easement, right-of-way) which is described as follows:
A PART OF THE NORTHWEST QUARTER (NW I/4) OF THE NORTHWEST QUARTER (NW1/4) 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 % OF THE NW '/° 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-OF-WAY SAID LINE BEING A PERPENDICULAR DISTANCE OF 5.00 FEET SOUTH AND
PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION 20. THENCE 586%%D46'00"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 S86°46'00"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 S02°40'58"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 6r" STREET, AND A SET IRON PIN; THENCE ALONG SAID RIGHT-OF-
WAY 560°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 N02°D40'58" E 163.03 FEET TO THE POINT OF BEGINNING, CONTAINING .167 ACRES, MORE
OR LESS, CITY OF FAYETTEVILLE, ARKANSAS.
That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision of each adjoining
lot to the area requested to be vacated) 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 (alley, easement, 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 casements 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
February 2006
Page 4
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 casements of the public for the use of said alley.
Dated this3Odayof CLh>bel- 20Q6
Bob Vanstavem
Printed Name
PAL
Signgn tu�
Printed Name
Signature
UTILITY APPROVAL FORM
February 2006
Page 5
)
THIS CERTIFIES THAT THE FOLLOWING IS A TRUE AND ACCURATE
ACCOUNT OF ALL ADJOINING LANDOWNERS FOR SUBJECT' PROPERTY:
2100 W. 6th Street, Fayetteville, AR (765-14860-000)
By: Dated: 08/28/2006
Nicholas Potter; Title.Agent File# 28605
Heritage Land Title,of Arkansas
2153 E. Joyce Blvd. Ste. 201
Fayetteville, AR 72703
479-442-6400
Parcel Numbers/Adjoining Landowners:
1) 765-14851-000 .Bryan Hunt, LLC
2) 765-14852-000 Roy E. & Addle Lee Lister
3) 765-12167-000 CPCG KM AR 1, LLC
4) 765-12164-000
5) 765-12164-001
6) 765-14592-000
7) 765-14859-006
765-14859-007
8) 765-07549-000
Subject Parcel
City of Fayetteville
Stephen L. Davis
Fayetteville School District #1
Fayetteville Hospitality, LLC
Kenneth W. Lazenby Revocable Trust
765-14860-000 (0.46 ac) Daybreak Properties, Inc.
Mailing Address:
2517 SE Best Ln, Bentonville, AR 72712-
7554
PO Box 939, Pine Bluff, AR 71613-0939
545 S. Figueroa Street, Suite 614, Los
Angeles, CA 90071
113 W Mountain St, Fayetteville, AR 72701-
6083
2050 W 6"' Street, Fayetteville, AR 72701
PO Box 849, Fayetteville, AR 72702-0849
820 Market Street, Farmington, MO 63640
1031 N College Fayetteville, AR 72701
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: SEP 1 8 2006
UTILITY COMPANY: City Fayetteville, Solid Waste Dept
APPLICANT NAME: Bob Vaastavetn APPLICANT PHONE: 417-532-7117
REQUESTED VACATION (applicant must check allmat apply
13 Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
D. Alley
I' Street right-of-way
i have been notified of the petition to vacate the following (alley, easement. right -of -w H' ') described as follows:
General location / Address; Sang Ave and 6ie Street (Hwy 62 E., between Pawn Shop and Block Buster Video.
*s
A PART OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) 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 ye 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-OF-WAY SAID LINE BEING A PERPENDICULAR DISTANCE OF 5.00 FEET SOUTH AND
PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION 20. THENCE 586%%D46'00"E
1267.55 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHTMF-
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 586.46'00"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 S02.40'58"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 6" STREET, AND A SET IRON PIN; THENCE ALONG SAID RIGHT-OF-
WAY 860°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
N02%%D40'58" E 163.03 FEET TO THE POINT OF BEGINNING, CONTAINING .167 ACRES,
MORE OR LESS, CITY OF FAYETTEVILLE, ARKANSAS.
Febmay 1066
Page 6
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation(s) described above.
❑ No -objections to the vacation($) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
A
No objections provided the following conditions are met:
S1Ytir( , Mp Can dV1e'...L..' ecru. —es Qcu(p
�% actin.,., ocn ,r4
e.
Signature of Uhhty Compan Representative
t
Febnwry 2006
Pagel
Yl
Oct. 4. 2006
2:35PM
FE' C COST SVC
No. @785 P. 2
IJTMTXY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: AUG 2 9 20
UTILITY COMPANY: AEP / S WEPCO
APPLICANT NAME_ _ Bob Vaostavem APPLICANT PRONE: 417_532-7117
REQUESTED VACATION (app&ant mud cha* aU that rply
❑ Utility Easement
O. Right-of-way for alley or struts and all utility easements located within the vacated right- of- way.
O Alley
O Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), desracibed as follows:
General location! Address: Sang Ave and 6'" Street (Hwy 62 E.), between Pawn Shop and Block Buster Video.
A PART OF THE NORTHWEST QUARTER (NW l/4) OF THE NORTHWEST QUARTER (NW I/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 % THE NW'/.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 -OF-WAY SAID LINE BEING A PERPENDICULAR DISTANCE OF SAO FEET SOUTH AND
PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION 20. THENCE 586%%n46'00nn 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 TILE OFFICE OF
THE CIRCUIT CLERK AND EX-EFFICIO OF WASHINGTON COUNTY: THENCE ALONG SAID
SOUTH RIGHT-OF-WAY S86°46'00"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 50r40'58"W 129.70 FEET, SAID POINT BEING ON THE NORTHERLY RIGHT -OF -
WAX OF U.S. HIGHWAY 62, ALSO KNOWN AS ARKANSAS STATE HIGHTWAX ISO AND AS 6m
STREET, AND A SET IRON PIN; THENCE ALONG SAID RIGHT-OF-WAY 56099'15"W 59.23 FEET TO
A POINT ON THE WESTERLY RIGHT -OF WAY OF SAD) SANG AVENUE, AND BEING AN A.R.T.D.
MONUMENT; THENCE ALONG SAID WESTERLY RIGRT-OF-WAX N02%%D40'Sg" £163.03 FEET
TO THE POINT OF BEGINNING, CONTAINING .167 ACRES, MORE OR LESS, CITY OF
FAYETTEVILLE,ARKANSAS
Februcgy 2006
Oct. 4. 2006 2:35PM FP''rC COST SVC
A1 No. 0785 P. 3
UIa.ITY COMPANY COMMENTS:
O 44o objections to the vacation(s) descdbod above.
No objections to the vacation(s) described above, provided following desanbed easements are retained (State
the location, dimensions. and propose below.)
-►v aft old iZtrM
Febniary 2006
1 �
UTILITY APPROVAL FORM'
FOR RIGHT- OF WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: SEP 1 8 2006
UTILITY COMPANY: City of Fayetteville, Water & Sewer Dept
APPLICANT NAME: _ Bob Vanstavem APPLICANT PHONE: _4l 7-532-7117
REQUESTED VACATION (applicant muss cheek all that apply
O Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated.right. of- way.
❑ Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, ri ht -a -w ), described as follows:
General location / Address: Sang Ave and 6i° Street (Hwy 62 E.), between Pawn.Shop and Block Buster Video.
EI3
A PART OF THE NORTHWEST QUARTER(NW 114) OF THE NORTHWEST QUARTER (NWI/4) I/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 t/. OF THE NW % 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-OF-WAY SAID LINE BEING A PERPENDICULAR DISTANCE OF 5.00 FEET SOUTH AND
PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION 20. THENCE Ssoo/u"/hD46'00"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 S86.46'06"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 S02"40'58".W 129.70 FEET, SAID POINT BEING ON THE
NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 62 ,ALSO KNOWN AS ARKANSAS STATE
HIGHTWAY I80.AND AS Ent STREET; AND A SET IRON PIN; THENCE ALONG SAID RIGHT-OF-
WAY $60°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 NO2%%D40'58" E 163:03 FEET TO THE. POINT OF BEGINNING, CONTAINING .167 ACRES,
MORE OR LESS, CITY OF FAYETI'EVILLE, ARKANSAS.
Febnary 2006
Page 6
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation(s) described above.
0 No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.) _ Q 1
No objections provided the following conditions are met:
Signature of UtilitybImpany Representative
February 2006
Page 7
c -OD
UTILITY APPROVAL FORM
FOR RIGHT- OF WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: AUG 2 9 2006
UTILITY COMPANY: AT&T
APPLICANT'NAME:— Bob,Vanstavern. APPLICANT PHONE: 417-532-7117
R1;QUESTEDVACATION (appieantlrwa4check all that aPPI1
O Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
O Alley
Street right-of-way (4b
I have been notified of the petition to vacate the fo1owing (alley, easemen4 right-of-way), described as follows:
General location / Address : Sang Ave and 6"' Saeei (Hwy 62 E.) between Pawn Shop and Block Buster- Video.
A PART OF THE NORTHWEST QUARTEII (NW1/4) OF THE NORTHWEST QUARTER (NW I/4) OF
SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE THERTY (30) WEST, BEING
MORE R OF THE
V4 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF THE NW Y. OF THE NW'% OF SECTION 20, THENCE Sor51' 14"W £00 FEET TO A
•
POINT ON THE SOUTH RIGHT-OF-WAY OF OLD FARMINGTOF4 ROAD, THENCE ALONG SAID
RIGHT -OF-WAY SAID LINE BEING A PERPENDICULAR DISTANCE OF 5.00 FEET SOUTH AND
PARALLEL WITH THE NORTH BOUNDARY OF SAIDSECTION 20. THENCE S86%%D46'00"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, SA ID POINT ALSO BEING ON THE NORTH BOUNDARY OF
LANDS DESCRIBED IN INSTRUMENT NO.970857S0, FILED AND RECORDED iN THE OFFICE OF
THE CIRCUIT CLERK AND EX-EFFICIO OF WASHINGTON COUNTY: THENCE ALONG SAID
SOUTH RIGHT-OF-WAY .586°46'00"1 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 80240'58"W 129.70 FEET, SAID POINT BEING OIYTHE NORTHERLYRiGHT OP_
WAY OF U.S: HIGHWAY 62, ALSO KNOWN AS ARKANSAS STATE HIGHTWAY 180 AND AS 6'R
STREET, AND A SET IRON PIN; THENCE ALONG SAID RIGHT -OF. WAY $60'09'15"W 59.23 FEET TO
A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID SANG AVENUE, AND BEING AN AJLT.D.
MONUMENT; THENCE ALONG SAID WESTERLY RIGHTAF-WAV-;N02%%D40'58" E 163.03 FEET
TO THE POINT OF BEGINNING, CONTAINING .167 ACRES, MORE OR LESS, CITY OF
FAYETTEVILLE, ARKANSAS. i
-J /.:; 17,y76986 'ON/LE: n
.LS/6E'8
90;616 (8(LL). ---
WO:LI
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
Cl No objections to the vacation(s) described dove, provided following described easements are retained. (State
• the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
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Feet
(2.14.07) Clarice Dearman - Ords. 4972 and 4977-4982 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 2.14.07 1:03 PM
Subject: Ords. 4972 and 4977-4982
Attachments: 4982 Amend Ch 159 Impact Fees Table A.pdf; 4978 VAC 06-2365.pdf; 4979 VAC 0
6-2400.pdf; 4980 RZN 06-2399.pdf; 4981 Amend Ch 176 Outdoor Lighting.pdf; 4
977 VAC 06-2204.pdf; 4972 Replace Ch 174 & 153.08(G) Signs revised.pdf
CC: Audit
Jeremy:
Attached is a copy of the above ordinances. Ord. 4972 reflects the change in the sign ordinance which left out 174.12(C).
The other were passed by the City Council, February 6, 2007. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance No. 4978
Was inserted in the Regular Editions:
February 17, 2007
Publication Charge: $137.15
RECEIVED
Subscribed an
This %day of
Notary P
sworn to before me
nlRA , , n , ..rte. 2007.
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
FEB 2 ? 2007
CITY OF FAYErrEVILLE
CITY CLERK'S OFFICE
I
I
ORDINANCE NO. 4978
AN ORDINANCE APPROVING VAC PRO SUB-
MITTED LOCAT BY MEL MIEN OL L NDFAR FOR PRON RO TDSyeV
LOCATED BETWEEN OLD FARMIN0 WE ROADAND 6TH STREET, EAST OF 2190 WEST 6TH
STREET, VACATING A 50'STREET EASEMENT ON A5
PORRON OF SANG AVENUE, CONTAINING 0.167
ACRES.
the City Council has the authority under ACA. § 14-54-104 to vacate public grounds
,reof which are not required for corporate purposes; and
the City Council has determined that the followingdescribed portion of the platted
nt is not required for corporate purposes;
the City Council has rendered the access provided.by Sang Avenue obsolete through
m of a signalized intersection at 6th Street and Sang Avenue to the east of the subject
IEFOREwBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section I: 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 record-
ed'In the Deed Records at the County. r
Section 2: That the City Council of the City of Fayetteville. Arkansas hereby vacates and abandons
the following described street easement:
r 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, end shall
not be in effect until all conditions are met herein. '
p
C The existing 50' drainage easement and water/sewer easement which also occupies the 50 street
4lasement to be vacated shall be retained. . P
4 Relocation of any existing utilities shall be at the ownerldeveloper's expense.
3. The applicant shall dedicate appropriate access easements from Old Farmington Road to the
adjacent propertyto the east through the proposed development, prior to removal of the existing
access. -
It The applicant shall submit to No City a shared parking agreement which will allow the property to
fie east the right to utilize a minimum three spaces an the subject property. A
�"i t
ED and APPROVED this 6th day of February 2007.
------n ...7.e• . —.— avnune am' nr arty uengrfevwar
Exhibit A Is a map and may be viewed at the city clerk's office during normal business hours.
EXHIBIT •B"
VAC 06-2365
PART OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW114) OF
OF SECTION 20. THENCE S02051.14 -W 5.
OF OLD FARMINGTON ROAD, THENCE,
ERPENDICULAR DISTANCE OF 5.00 FEET
IV OF SAID SECTION 20. THENCE S86°46
ID POINT BEING ON THE WESTERLY R
PIN, SAID POINT ALSO BEING ON THE h
THE CIRCUIT CLERK AND EX-EFFICIO OF WASHINGTON COUNTY: THENCE ALONG SAID -
SOUTH RIGHPOF-WAY 886°46'00•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 S02°40'58"W 129.70 FEEL 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 ET RIGHT-OF-WAY
ON THE WESTERLY RGHT-OF-WARY OF SAID SANG AVENUE. I ANDBEING AN AEH.T.D. MONU-
MENT: THENCE ALONG SAID WESTERLY RIGNT-OF-WAY NO2°4058• E 163.03 FEET TO THE
POINT OF BEGINNING, CONTAINING .167 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE,
ARKNSAS.