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HomeMy WebLinkAboutOrdinance 5013 11111 Hill Doc Recorded : 05/17 /20070atr02 44:45 PM Fee Amt : $17 . 00 Pace 1 of 4 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„ Z` Y O sLp ZCJ �? ; FAYETTEVILLE • '�,,,,GTON ,,.,. .. .. GOVERNMENT STREET �--� I I I mm ID X nCiQ AI - O O + 0 >� 00 cn Z zoo m� rn m H GREGG AVENUE - ti O m � z yl � X g CD Z - O p rn I o I I xD v -- N 1'f m aN2m mvmaZ aEo m: D Ln 5: moi I ti 1 m Z I m 2 1 1A /� I ZZO pOOA y '� NO -I � NO Q N •• 1 _sp � F, Z ® rn = obz � o m � ti 1 Finn l m � O {map I -err- zp � -a�caoK zlnmo ammo D - I 3 �1 � � ,Y O a D m V A 'a V V A nl N N Z CJ :tt N 2 y O C7 A 5 O a D N O Z O 2 art DO Vl O U O Z Q y ® O Z O z z a n czi D g Z7 CD g My �j v Z I mm AO mCDas r -nm Ao -1 N om SZ m � O l f" j a � - 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 ,05Y1'7Z200r7 102;44':45 !RM Land recorded iin [Real Estate File Numb er %2007=:0001"889 Bette Starns . :Circuit le i [by — - ILIL - City of Fayetteville s11 f Staff Review Form City Council Agenda Items It X01+3 or u v 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