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Home My WebLink AboutOrdinance 5017 Doc ID : 011206010003 TVDe : REL Recorded : 06/01/2007 at 01 : 16 : 01 PM Fee Amt : $14 . 00 Paoe 1 of 3 Mashlnoton Countv . AR Bette StamoS Circuit Clerk ' Flle2007-00020890 t ORDINANCE NO, 5017 AN ORDINANCE APPROVING VAC 07-2519 SUBMITTEDBY MILVER INVESTMENTS, LLC FOR PROPERTY LOCATED AT 500 WEST PRAIRIE STREET, VACATING AN UN- CONSTRUCTED RIGHT-OF-WAY ALONG THE WEST SIDE OF WEST AVENUE AND UN-CONSTRUCTED RIGHT-OF- WAY BISECTING THE SUBJECT PROPERTY. 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 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 platted 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. �YJTRqltt, PASSED and APPROVED this 15w day of May, 2007. = U; FAYETTEVILLEli ' APPROVE ATTEST: '9s'9RkgN5P�J2' �''0i„NGTON G r By: BY: DAN COODY, Mayo SO NRA E. SMITH, Ci yCi Clerk/T 1 TY �� `'�•1 � � E �5 i . WON w7G SON wr -AMR, 1,(yYtfMffig 43 3xi F �' LRf+ .1 pYk5�j' } 0 �.� 4 �� >`Y e�. K ea NA�hj��r�r��Y.er'.�s �a 111 C 2 �� Sm�fi 55 L119 III,, '` -+�' �. � _S 43' 3 �'" �,•� r,.2-� a "tu � �"a rr �.FL� +' ' `.moi, �.,•r`"'' . '^rnR�� <r .e ,mow "�?� gc'F c.- a t" � ^ • r.'. a'3ta 4s ��.-" s tea' d` r.V'�.w#4 z =x ....ga�Y,E. 1f .y��-,sy,z '`"5 �.✓> t Jt} t� 9 s✓' ?'ST$ #' ay� ,. E tk,.rr�.n 11 r, �r cLs 'it .-y�v'�4�. S �yb " „t„" '�f;j � Y +5.3 1 Ali .c xp�.$y> t..-� v,•.�m .P +.3.i 1 1 11 EXHIBIT `B" VAC 07-2519 A PART OF LOT NUMBERED THREE (3) IN BLOCK NUMBERED TWENTY-TWO (22) IN FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET 1 /2" IRON REBAR WHICH IS S00°05' 12"W 178.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT THREE (3), SAID POINT BEING FORTY (40) FEET WEST OF THE EAST RIGHT OF WAY LINE OF WEST AVENUE; THENCE S00°05 ' 12"W 180.62 FEET TO A SET %:" IRON REBAR ON THE NORTH RIGHT OF WAY LINE OF PRAIRIE STREET; THENCE S89008 '205'W 31 .28 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT ON THE WEST BOUNDARY OF A THIRTY (30) FOOT WIDE PUBLIC RIGHT OF WAY, THENCE LEAVING THE NORTH RIGHT OF WAY LINE OF PRAIRIE STREET, N16001 '30"W 188.43 FEET ALONG THE WEST BOUNDARY OF SAID THIRTY (30) FOOT WIDE PUBLIC RIGHT OF WAY TO A POINT WHICH IS 178 .00 FEET SOUTH OF THE NORTH LINE OF SAID LOT THREE (3); THENCE S89°59' 19"E 31 .21 FEET TO A POINT ON THE EAST BOUNDARY OF SAID THIRTY (30) FOOT WIDE PUBLIC RIGHT OF WAY; THENCE S16001 '30"E 116.60 FEET ALONG THE EAST BOUNDARY OF SAID THIRTY (30) FOOT WIDE PUBLIC RIGHT OF WAY TO A POINT ON THE PLATTED WEST RIGHT OF WAY LINE OF WEST AVENUE AS SHOWN ON THE PLAT OF FERGUSON'S ADDITION; THENCE N00°05 ' 12"E 112.08 FEET ALONG THE PLATTED WEST RIGHT OF WAY LINE OF WEST AVENUE TO A POINT WHICH IS 178 .00 FEET SOUTH OF THE NORTH LINE OF SAID LOT THREE (3); THENCE S89°59' 19"E 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING .20 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON CONTY, ARKANSAS. Washington County, AR 1 certify this instrument was filed on ' 1 06/01/2007 01 :18:01 PM and recorded in Real Estate File Number 2007-0002089 A Bette Stamps - Circuit 1 P ! ! by 6P� y City of Fayetteville S� f 507 Staff Review Form �' D l 7 City Council Agenda Items °r Vic orl- .251 Contracts tlve✓-T 15-May-o7 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2519: (Milver Investments, 523): Submitted by Milver Investments, LLC for property located at 500 west Prairie Street. The property is zoned DG, Downtown General and contains 0.20 acres. The request is to vacate un-constructed right-of way along the west side of West Avenue and un-constructed right-of-way bisecting the subject property. $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 /De-pa'r mmee�irector Date Original Contract Date: n/a Original Contract Number: n/a v/ y- zr o7 City A Received in City ClerOffice �o A . pw7� " %L.6-7ENTERED Finance and Internal Service Director Date Received in Mayor's Office E a7 d Mayor a \ Comments: City Council Meeting of May 15, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations `o From: Jeremy C. Pate, Director of Current Planning �+ Date: April 24, 2007 Subject: Right-of-way Vacation for Milver (VAC 07-2519) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance vacating unconstructed right-of-way located on the west side of Gregg Avenue, and un-constructed right-of-way bisecting the subject property at 500 Prairie Street. BACKGROUND This property is located at the northwest corner of West Avenue and Prairie Street, Block 22 of Ferguson's Addition, and is adjacent to the City's Frisco Trail. This property was originally developed in the 1920's by the American Milling Company. The old mill 'and grain buildings have been recently torn down. There is excess right-of-way along the property's West Avenue frontage, and an un-built street right-of-way bisecting : the property. These areas of right-of-way are proposed to be vacated in order to redevelop the property. 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 West Avenue would remain in accordance with the Master Street Plan's designation of the West Avenue as an ST-40 Street. The un-constructed right-of-way bisecting the property is not feasible for a street connection along any point of this block because of existing development. The applicant requests the City to vacate 0.20 acres of right-of-way at 500 West Prairie Street, as indicated in the attached maps and legal description. DISCUSSION The Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation for approval. Notification was provided to all appropriate utility representatives and property owners. Consent forms to vacate the subject right-of-way were signed by all property owners on the block that would be affected by the vacation. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2519 SUBMITTED BY MILVER INVESTMENTS, LLC FOR PROPERTY LOCATED AT 500 WEST PRAIRIE STREET, VACATING AN UN-CONSTRUCTED RIGHT-OF- WAY ALONG THE WEST SIDE OF WEST AVENUE AND UN- CONSTRUCTED RIGHT-OF-WAY BISECTING THE SUBJECT PROPERTY. 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 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 platted 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. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT `B" VAC 07-2519 A PART OF LOT NUMBERED THREE (3) IN BLOCK NUMBERED TWENTY-TWO (22) IN FERGUSON' S ADDITION TO THE CITY OF.FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET 1 /2" IRON REBAR WHICH IS S00°05 ' 12"W 178.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT THREE (3), SAID POINT BEING FORTY (40) FEET WEST OF THE EAST RIGHT OF WAY LINE OF WEST AVENUE; THENCE S00°05 ' 12"W 180.62 FEET TO A SET '/2" IRON REBAR ON THE NORTH RIGHT OF WAY LINE OF PRAIRIE STREET; THENCE S89008 '20"W 31 .28 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT ON THE WEST BOUNDARY OF A THIRTY (30) FOOT WIDE PUBLIC RIGHT OF WAY, THENCE LEAVING THE NORTH RIGHT OF WAY LINE OF PRAIRIE STREET, N16001 '30"W 188.43 FEET ALONG THE WEST BOUNDARY OF SAID THIRTY (30) FOOT WIDE PUBLIC RIGHT OF WAY TO A POINT WHICH IS 178.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT THREE (3); THENCE S89°59' 19"E 31 .21 FEET TO A POINT ON THE EAST BOUNDARY OF SAID THIRTY (30) FOOT WIDE PUBLIC RIGHT OF WAY; THENCE S16001130"E 116.60 FEET ALONG THE EAST BOUNDARY OF SAID THIRTY (30) FOOT WIDE PUBLIC RIGHT OF WAY TO A POINT ON THE PLATTED WEST RIGHT OF WAY LINE OF WEST AVENUE AS SHOWN ON THE PLAT OF FERGUSON' S ADDITION; THENCE N00°05' 12"E 112.08 FEET ALONG THE PLATTED WEST RIGHT OF WAY LINE OF WEST AVENUE TO A POINT WHICH IS 178.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT THREE (3); THENCE S89°.59' 19"E 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING .20 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON CONTY, 'ARKANSAS. w PC Meeting of April 23 , 2007 . ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain SL 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: Aprik"-, 2007 Updated April 24, 2007 VAC 07-2519: (MILVER INVESTMENTS, 523): Submitted by MILVER INVESTMENTS, LLC for property located at 500 WEST PRAIRIE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.20 acres. The request is to vacate un-constructed right-of-way along the west side of West Avenue and un-constructed right-of-way bisecting the subject property. Property Owner: Milver Investments, LLC Planner: Andrew Gamer Findings: April 24, 2007 Update: On the day of the April 23 2007 Planning Commission meetin the applicant provided all of the necessary consent signatures from adjacent property owners. These consent documents have been attached to this report Update: At the time of publication of this report, the applicant had yet to obtain all the necessary consent signatures from adjacent property owners in order to meet the requirements as noted in the attached documents. Having received no objections, staff would recommend approval of the vacation request, in accordance with the reviews conducted by all utility representatives and no concerns being noted. However, absent all consent forms, the City Attorney has stated this is "fatal" to a vacation application. Staff recommends tabling this item indefinitely, until such time as the applicant or the City is able to acquire consent signatures to the vacation from request from all affected property owners on the subject block. Property Description and Background: This property is located at the northwest corner of West Avenue and Prairie Street, Block 22 of Ferguson's Addition, and is adjacent to the City's Frisco Trail. This property was originally developed in the 1920's by the American Milling Company. The old mill and grain buildings have been recently tom down. There is excess right-of-way along the property's West Avenue frontage, and an un-built street right-of-way bisecting the property. These areas of right-of-way are proposed to be vacated in order to redevelop the property. A conceptual site plan for this KARcports\2007U°C Reports\04-23-07WAC 07-2519 (Milver Investments).doe redevelopment along with architectural renderings of the proposed buildings has been submitted by the applicant and is attached to this report. (1 ) The West Avenue right-of-way is located north of Prairie Street on the west side of West Avenue in front of properties formerly addressed 500 Prairie Street and 309 West Avenue. This right-of-way is an approximately 20' wide and 170' long strip of un-constructed right-of-way adjacent to the existing West Avenue (see attached exhibit). (2) The un-constructed right-of-way bisecting the subject property was originally platted to be a 30' wide street. This street was never built and now bisects a block of residences and the subject property. The .right-of-way enters the property at the corner of West and Prairie and traverses in a northwestern angle from the corner approximately 178' across the property (see attached exhibit). The total acreage of the two areas of right-of-way is 0.20 acres. Neither of these areas is anticipated to be needed by the City for transportation purposes because: (1 ) 40' of required right-of-way for West Avenue would remain in accordance with the Master Street Plan's designation of the street as an ST-40 street; and (2) the un-constructed right-of-way bisecting the property is not a feasible for reasonable street connection along any point of this block because of existing development. Request The applicant is requesting to vacate 0.20' acres of right-of-way within Block 22 of Ferguson's Addition. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILFFIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections 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 KAReports\2MAK Rcports\04-23-01wAC 07-2519 (Milve inveshnents)-doc Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No objections to the project have been received. Recommendation: Staff does not have an objection to the requested right-of-way vacation based on the responses noted above. However, as discussed in the attached memorandum from the City Attorney, written consent should be provided from all property owners that would be directly affected from the loss of right to ingress and egress their property from a right-of-way vacation request. The applicant has not provided written consent from all of the owners directly adjacent to the un-constructed rigbt-of-way bisecting the property and continuing north to South Street. Staff recommends tabling (VAC 07-2519) until such a time that the applicant provides written consent to vacate the subject right-of-way from all property owners on this block with direct access to the subject right-of-way. Should the applicant desire to proceed without written consent from all adjacent property owners having direct access to this right-of-way staff recommends denial of the vacation request based on the memorandum and recommendation from the City Attorney. Staff has discussed this issue with the applicant who indicated that they have not been able to contact all adjacent property owners, some of whom are businesses from out of state. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: April 23, 2007 Motion: Lack Second: Graves Vote: 9-0 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 K:URcports\200APC RcpoM\04-23-07\VAC 07-2519 (Milvm Invcsuncnlsl.doc y Property 9 5 122 4j Yltmt4n N 41 .� 12Bu gra 34' 45 �. �- -S0 122 324 _---- .. . - r � � Poacake N 3� 1 A O 60 ! 7mS P I Kovach n1 j 7 v r `SUDa `J o I F J" °a^\ Lrttell 77. 17 7m O 1 o00 17 Nr 0 1 ' 2Pf;. - CI`" .. s2_9 ' qsd 16 , ,� 'eranich " " 1 . _ AaO a Pete s LnI 4 134 ochfn ^ a I ^ 5 Hanna 5- B. �� lj 6 Alston 94.00 7 12 4001 C , s4Da ( 2g? _ U 3 . Nah(er Johnson 4 14 St� 41ose r4z0 9 f 0 2 f 66, 24 Rosewicz 22 N '0 res ey 182.28' 1 127,30 22I : I t ` 1 2 Leandy . fnc I_ _ I \^ o ` _. \l 0 ,5 ;b o2 1, H N 1 19 o I ay � I o r� y 20 I I 1 N Q t -Na 191710 Property Sear Results Page I of I Search Results Record 1 to 1 of 1 Parcel : 765-05526-000 S-T-R: 21 -16-30 Type: RI Assessed Value: 69830 Location Address: 301 WEST AVE FAYETTEVILLE 1 Owner Name: KOVACH, DUANE K. & ELIZABETH R. Mailing Address: 1744 Green Aci res Cir Springdale AR 72764-0204 Search Time 0 Seconds Next Group PreviouslGroup Modify Search New Search i f http:// www.co,washington.ar.us/PropertySearch/SearchResults.asp?FS= I &LU=042007&N... 4/23/2007