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Washlnaton Countv . AR
Bette Stamps Clrcult Clerk
I Flle2007_000188111
ORDINANCE NO. 5013
AN ORDINANCE APPROVING VAC 07-2522 SUBMITTED
BY BATES AND ASSOCIATES FOR PROPERTY LOCATED
AT THE WEST SIDE OF GREGG AVENUE, BETWEEN 6r"
AND PRAIRIE STREETS, VACATING A 20' WIDE PORTION
OF UN-CONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 0.20
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 right-of-way is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described right-of-way:
See Exhibit "B" 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 "A" 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 as
follows, and shall not be in effect until all conditions are met herein.
1 . Any relocation of existing utilities shall be at the owner/developer's expense including the possible
need for additional utility easements.
2. Ten feet of the eastern half of the subject area is required to be retained as a utility easement to
protect existing gas facilities.
3 . At the time of development of the applicant's property along Gregg Avenue, Gregg Avenue shall be
improved to Master Street Plan standards.
Page 2
Ord.5012
PASSED and APPROVED thisl st day of May, 2007.
APPROVED: ATTEST: J �,
By: x6m By:
DAN COODY, Mayor SON RA SMITH, City Clerk/Treasurer „nvrnr„
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EXHIBIT `B"
VAC 07-2522
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, LYING IN THE EXISTING RIGHT-OF-WAY OF GREGG AVENUE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE
NORTHEAST CORNER OF LOT 1 OF FERGUSON ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ON THE EXISTING WEST
RIGHT-OF-WAY OF GREGG AVENUE AND RUNNING THENCE N90000'00"E 20.00'
ALONG THE SOUTH RIGHT-OF-WAY OF PRAIRIE STREET, THENCE S0004115311E
432.79' TO THE NORTH RIGHT-OF-WAY OF SIXTH STREET, THENCE S8905510211W
20.00' ALONG SAID RIGHT-OF-WAY TO A POINT ON THE EAST LINE OF LOT 9 OF
SAID FERGUSON ADDITION AND THE EXISTING WEST RIGHT-OF-WAY OF GREGG
AVENUE, THENCE N00041153 "W 432.82' ALONG SAID RIGHT-OF-WAY TO THE POINT
OF BEGINNING, CONTAINING 0.20 ACRES, MORE OR LESS.
Washington County, AR
I certify this linstrumen't ,wasifiled ion
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Land recorded iin [Real Estate
File Numb er %2007=:0001"889
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Staff Review Form
City Council Agenda Items It X01+3
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Contracts oq "d�a A
1 -May-07
City Council Meeting Date
Jeremy Patel Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2522: (Johnson, 523): Submitted by Bates and Associates for property located at the west side of Gregg Avenue,
between 6th and Prairie Streets. The request is to vacate a 20' wide portion of un-constructed right-of-way along the west side
of Gregg Avenue between 6th Street and Prairie Street.
$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
Previous Ordinance or Resolution # n/a
Department Director Date Original Contract Date: n/a
Original Contract Number: n/a
ti
- v7
City Attorney
0 A Received in �E*Is Office
Finance and Internal Service Director Date
Received in Mayor's Office
E ED
L /
Mayr Date
Comments:
City Council Meeting of May 1 , 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: April 10, 2007
Subject: Right-of-way Vacation for Johnson (VAC 07-2522)
RECOMMENDATION
The Planning Commisison and , staff recommend approval of an ordinance vacatin
unconstructed right-of-way located on the west side of Gregg Avenue, between between 6
Street and Prairie.
BACKGROUND
The subject property was originally developed . in the 1960's and the original structure
currently contains the Johnson Mechanical Contractors building at 513 West Prairie Street.
There is a 20' wide strip of un-constructed right-of-way along the property's Gregg Avenue
street frontage that is requested to be vacated (0.20 acres). Gregg Avenue currently has 60'
of existing right-of-way and is designated as an ST-40 Street in the Master Street Plan
requiring only 40' of right-of-way. The subject area of right-of-way is not anticipated to be
needed by the City for transportation purposes because 40' of required right-of-way for
Gregg Avenue would remain in accordance with the Master Street Plan' s designation of the
Gregg as an ST-40 Street.
The applicant requests the City to vacate 0.20 acres of right-of-way along the west side of
Gregg Avenue.
DISCUSSION
The Planning Commission voted 8-0-0 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 property owners. Conditions of approval are recommended in
order to satisfy the comments made by utility companies and city representatives.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2522 SUBMITTED
BY BATES AND ASSOCIATES FOR PROPERTY LOCATED
AT THE WEST SIDE OF GREGG AVENUE, BETWEEN 6T"
AND PRAIRIE STREETS, VACATING A 20' WIDE PORTION
OF UN-CONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 0.20
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 right-of-way is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section I : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described right-of-way:
See Exhibit `B" 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 "A" 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 as
follows, and shall not be in effect until all conditions are met herein.
1 . Any relocation of existing utilities shall be at the owner/developer's expense including the possible
need for additional utility easements. `
2. Ten feet of the eastern half of the subject area is required to be retained as a utility easement to
protect existing gas facilities.
3 . At the time of development of the applicant's property along Gregg Avenue, Gregg Avenue shall be
improved to Master Street Plan standards.
Page 2
Ord.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SbIITR City Clerk/Treasurer
EYMrr "B"
VAC 07-2522
A PART OF T14E SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, LYING IN THE EXISTING RIGHT-OF-WAY OF GREGG AVENUE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHEAST CORNER OF LOT 1 OF FERGUSON ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ON THE EXISTING WEST
RIGHT-OF-WAY OF GREGG AVENUE AND RUNNING THENCE N90000'00"E 20.00'
ALONG THE SOUTH RIGHT-OF-WAY OF PRAIRIE STREET, THENCE S0004115311E
432.79' TO THE NORTH RIGHT-OF-WAY OF SIXTH STREET, THENCE S89055'02"W
20.00' ALONG SAID RIGHT-OF-WAY TO A POINT ON THE EAST LINE OF LOT 9 OF
SAID FERGUSON ADDITION AND THE EXISTING WEST RIGHT-OF-WAY OF GREGG
AVENUE, THENCE N00041 '53"W 432.82' ALONG SAID RIGHT-OF-WAY TO THE POINT
OF BEGINNING, CONTAINING 0.20 ACRES, MORE OR LESS.
7aye
I PC Meeting of April 9, 2007
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 Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Mffeh, .a.oh ''ter Updated April 10, 2007
VAC 07-2522: (JOHNSON, 523): Submitted by BATES & ASSOCIATES for property located
at THE WEST SIDE OF GREGG AVENUE, BETWEN 6TH AND PRAIRIE STREETS. The
property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.20 acres. The
request is to vacate a 20' wide portion of un-constructed right-of-way along the west side of
Gregg Avenue between 6th Street and Prairie Street.
Property Owner: Stanley P. Johnson
Planner: Andrew Gamer
Findings:
Property Description and Background: This property is located on the west side of Gregg
Avenue, north of 6s' Street and south of Prairie Street. This property was originally developed in
the 1960's and the original structure currently contains the Johnson Mechanical Contractors .
building at 5 13 West Prairie Street.
There is a 20' wide strip of un-constructed right-of-way along the property's Gregg Avenue street
frontage that is requested to be.vacated (0.20 acres). Gregg Avenue currently has 60' of existing
right-of-way and is designated as an ST40 Street in the Master Street Plan requiring only 40' of
right-of-way. The subject area of right-of-way is not anticipated to be needed by the City for
transportation purposes because 40' of required right-of-way for Gregg Avenue would remain in
accordance with the Master Street Plan's designation of the Gregg as an ST-40 Street
Request: The applicant requests the City to vacate 0.20 acres of right-of-way along the west side
of Gregg Avenue.
The applicant has submitted the required notification forms to the utility companies and to the
City with the result summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objections
K:aeports12007TC Reports104-09407TVAC 07-2522 Qohnson).doc
Arkansas Western Gas No Objections; provided that 10' of the
eastern half is needed for easement to
protect existing facilities.
Southwestern Bell Telephone Relocation of existing utilities shall be
at the owner/developer's expense
including the possible need for utility
easements.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: No objections to the project have been received. The applicant adjoins all of
the right-of-way being requested for the vacation along this block.
Recommendation: Staff recommends forwarding (VAC 07-2522) to the City Council with a
recommendation for approval with the following conditions.
Conditions of Approval:
1 . Any relocation of existing utilities shall be at the owner/developer's expense including the
possible need for utility easements.
2. Ten feet of the eastern half of the subject area is required to be retained for utility easement to
protect existing gas facilities.
3 . At the time of development of the applicant's property along Gregg Avenue, Gregg Avenue
shall be improved to Master Street Plan standards.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: April 9, 2007
Motion: Trumbo
Second: Ostner
Vote: &0
Comments: Approved on consent agenda.
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
KARcports\2007\PC Rcpons104-09-07WAC 07-2522 (Johmon).doc