HomeMy WebLinkAboutOrdinance 5018 ` f IIIIIIIIIIIII III VIIIVIIIVIIIVIII VIII VIIIVIIIVIII VIII VIIIVIIIII
Doc ID : 011206030003 Tvoe : REL 4
Recorded : 06/01/2007 at 01 : 16 : 16 PM
f Fee Amt : $14 . 00 Pace 1 of 3
Washlnaton Countv . AR
Bette StamoS Circuit Clerk Q Q i
? Flle2007-00020891
ORDINANCE NO. 5018
AN ORDINANCE APPROVING VAC 07-2573 SUBMITTED
FORPROPERTY LOCATED AT CHESTNUT I APARTMENTS
AT CHESTNUT AVENUE AND POPLAR STREET,
VACATING A 43676 SQUARE FOOT MULTI-USE TRAIL
EASEMENT AND REPLACING IT WITH A REALIGNED
2,558 SQUARE FOOT MULTI-USE TRAIL EASEMENT AS
DESCRIBED AND DEPICTED HEREIN.
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 multi-use trail easement is not required for corporate purposes; and
WHEREAS, a realigned multi-use trail easement will best facilitate the use of the
property by the property owner and also meet the intent of establishing the trail corridor in the
area to serve the public;
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 multi-use trail easement:
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.
1 . The existing water/sewer easement shall remain as it is currently situated, and shall not be
vacated.
2. The property owner shall grant a new 2,558 square foot multi-use trail easement to the City
of Fayetteville in the realigned manner as indicated in Exhibit "A."
1
Page 2
Ord. 5018
PASSED and APPROVED this 15th day of May, 2007.
APPROVED- ATTEST:
By: By: , e
DAN COODY, Mayr SONDRA E, SMITH, City Clerk/Treasurer
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EXHIBIT `B"
VAC 07-2573
AREA TO BE VACATED FOR TRAIL PURPOSES:
A part of Block Four (4) of Parker's Plat of Valley View Acres, to the City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows: From the
Southwest corner of Lot 6 of said Block 4 (being the point of intersection of the East right-of-
way of Chestnut Avenue and the North right-of-way of Poplar Street), thence with the East right-
of-way of Chestnut Avenue North 03°07 22" East 3 6.5 5 feet, thence leaving said East right-of-
way South 86° 52' 38" East 15.00 feet to the Point of Beginning; thence North 03° 07' 22" East
25.00 feet; thence South 87° 55' 05" East 110.02 feet; thence North 51 ° 08' 18" East 106.24 feet;
thence South 26° 17' 52" West 38. 16 feet; thence South 35° 35' 52" West 14.84 feet; thence
South 43° 45' 25" West 11 .02 feet; thence South 52° 39' 36" West 28.73 feet; thence South 25°
01 ' 50" West 9.86 feet; thence South 51 ° 08' 18" West 18. 14 feet; thence North 87° 55' 05" West
119. 80 feet, to the Point of Beginning and containing 4,778 square feet (0. 110 acres), more or
less. The above described property having been surveyed by Daryl V. Doyal, being recorded in
Doc. Ref. on file in the Office of the Circuit Clerk and Ex-
Officio Recorder of Washington County, Arkansas.
Washington County, AR
I certify this instrument was filed on
06/01 /2007 01 :16: 16 PM
and recorded in Real Estate k
File Number 2007-0002089
Bette stamps - Circuit le
by
or
5 I ( 5 Jo7
City of Fayetteville S� g
Staff Review Form
City Council Agenda Items vn�� I�, IC 0 f d593
or
Contracts
5/15/2007
City Council Meeting Date
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
VAC 07-2573: Submitted by the City of Fayetteville for Chestnut I Apartments located at the northeast corner of
Poplar and Chestnut streets. The request is to vacate a 4,676 square foot multi-use trail portion of an existing 25'
wide water/sewer and multi-use trail easement with the water/sewer easement remaining as is. This vacation is
contingent on the property owner granting of a new 2,558 square foot multi-use trail easement as shown on exhibit
"A".
N/A 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 #
Departmenf Directo Date Original Contract Date:
Original Contract Number:
City Attorney Date
Received in Ci �jerJf' 3 ice
50 �07
Finance and Internal Service Director Date
Received in Mayor's Office
FlRFNED � �,p
�/� �13o b7 r7ti'
Mayor Date
Comments:
City Council Meeting of May 15th, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer Yy/h
Date: April.30, 2007
as}}
Subject: VAC 07-24M Chestnut I Apartments
RECOMMENDATION
Staff requests that the City Council approve VAC 07-2573 and vacate a 4,676 square foot
multi-use trail portion of an existing 25' wide water/sewer and multi-use trail easement
located on Chestnut I Apartments Property with the following two conditions. The
existing water/sewer easement shall remain as is and the property owner shall grant a new
2,558 square foot multi-use trail easement to the City of Fayetteville as shown on Exhibit
"A"
BACKGROUND
As part of the WSIP sewerline project, the City of Fayetteville was granted a water/sewer
and multi-use trail easement on March 15, 2006 from Chestnut I Apartments. Language
for a multi-use trail was included with the water/sewer easement for the construction of
Scull Creek Trail. Now that the detailed design is complete for this section of Scull
Creek Trail, it was realized that the trail will need to take a different alignment than the
sewer line to avoid a parking lot along the south side of the property near Poplar Street.
In order to realign the trail a new multi-use trail easement is necessary and the uneeded
portion of the original multi-use trail easement through the parking lot can be vacated as
shown in Exhibit "A' .
DISCUSSION
The City of Fayetteville Water and Sewer Division is the only utility authorized to use
this easement and they have no objections to the vacation.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2573 SUBMITTED FOR
PROPERTY LOCATED AT CHESTNUT I APARTMENTS, AT CHESTNUT
AVENUE AND POPLAR STREET, VACATING A 4,676 SQUARE FOOT
MULTI-USE TRAIL EASEMENT AND REPLACING IT WITH A
REALIGNED 2,558 SQUARE FOOT MULTI-USE TRAIL EASEMENT AS
DESCRIBED AND DEPICTED HEREIN.
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 multi-use trail easement is not required for corporate purposes; and
WHEREAS, a realigned multi-use trail easement will best facilitate the use of the
property by the property owner and also meet the intent of establishing the trail corridor in the
area to serve the public;
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 .i
abandons the following described platted multi-use traileasement:
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.
1 . The existing water/sewer easement shall remain as it is currently situated, and shall not be
vacated.
2. The property owner shall grant a new 2,558 square foot multi-use trail easement to the City
of Fayetteville in the realigned manner as indicated in Exhibit "A."
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
k� F. I EXHIBIT " A "
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AREA TO BE VACATED FOR TRAIL PURPOSES:
A part of Block Four (4) of Parker's Plat of Valley View Acres, to the City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows: From the Southwest
corner of Lot 6 of said Block 4 (being the point of intersection of the East right-of-way of Chestnut
Avenue and the North right-of-way of Poplar Street), thence with the East right-of-way of
Chestnut Avenue North 03007' 22" East 36.55 feet, thence leaving said East right-of-way South
86° 52' 38" East 15.00 feet to the Point of Beginning; thence North 03° 07' 22" East 25.00 feet;
thence South 870 55' 05" East 110.02 feet; thence North 510 08' 18" East 106.24 feet; thence
South 26° 17' 52" West 38.16 feet; thence South 35° 35' 52" West 14.84 feet; thence South 43"
45' 25" West 11A2 feet; thence South 52° 39' 36" West 28.73 feet; thence South 250 01 ' 50"
West 9.86 feet; thence South 510 08' 18" West 18.14 feet; thence North 87° 55' 05" West 119.80
feet, to the Point of Beginning and containing 4,778 square feet (0. 110 acres), more or less. The
above described property having been surveyed by Daryl V. Doyal, being recorded in Doc. Ref.
on file in the. Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas.
i
EXHIBIT " B "
VAC 07-2573
\thNorth
REA TO BE VACATED FOR TRAI URPOSES:
A plock Four (4) of. Parker's Plat of Valley ew Acres, to the City of Fayetteville,
Waounty, Arkansas, being more particularly escribed as follows: From the Southwest
cort of said Block 4 (being the point of inte ection of the East right-of-way of Chestnut
Aved th North right-of-way of Poplar St et), thence with the East right-of-way of
Chevenue orth 02° 51 ' 16" East 37.35 fe thence leaving said East right-of-way South
87° East 20. 3 feet to the Point of Begin ing; thence North 02° 53' 39" East 25.00 feet;
theth 87° 55' 5" East 105.99 feet; th ce North 51 ° 08' 18" East 106.24 feet; thence
Sou17' 52" West 8. 16 feet; thence So h 35° 35' 52" West 14.84 feet; thence South 43°
45' st 11 .02 feet; ence 'South 52° 36" West 28.73 feet; thence South 250 01 ' 50"
West 9.86 feet; thence South 51 ° 08' 18" W st 18.14 feet; thence North 87° 55' 05" West 115.68
feet, to the Point of Beginningkand containi 4,675 square feet (0.107 acres), more or less.
PETTTTON
PETITION TO VACATE A MULTI-USE TRAIL EASEMENT LOCATED IN LOT 6&71 BLOCK 4 OF
PARKFRS PLAT O>iVA* r av vrFw �ratrcrrrIN OE PAyEEFvrr.r F,.,ARKANSAS
TO: ncFayctteville City Council
We, the undersigned, being all the owners of the real estate holding die eascmcnt hcacinall r sought to be abandoned
and vacated, lying in lot 6&7, block 4, of Parkers Plat of Valley View Acres, City of Fayettevillel Arkansas, a
municipal corporation, petition to vacate a multi-usc trail easement which Is dcscrihcd as follows:
A part of Block Four (4) of Parker's Plat of Valley View Acres, to the City of Fayetteville, Washington
County, Arkansas, being more particularly described as follows: From the Southwest corner of Lot 6
of said Block 4 (being the point of Intersection of the Fast right-of-way of Chestnut Avenue and the
North right-of way of Poplar Street), thence with the East rightoPway of Chestnut Avenue North 020
51' 16" Fast 37.35 teat, thence leaving said last right-of-way South 87° 08'44" East 20.13 feet to the
Point of Beginning: thence North 026 53' 39" Fast 25.00 feet; thence South 876 55' 05" East 105.99 feet;
thence North 5t° 08' 18" East 10624 feet; thence South 260 171 62" West 38.16 feet; thence South 350
35152" West 1434 feel; thence South 439 45' 25"West 11 ,02 feet; thence South 52° 39' 36"West 28.73
feet; thence South 250 o1' 50" West 9.66 feat; thence South 61" 08' IV West 18,14 feet; thence North
a7° 55' 05" West 115.68 feet, to the Point of Begleming and containing 4,675-square feet (0.107 acres),
more or less,
That the real estate affected by said abandonment of the alley are 6817, block 4, of Parkas Plat of Valley View
Acres. 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 easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject, however, to the existing util ity easements and sewer easements as required, and that the above described real
estate be used for their respective benefit and purpose as now approved by taw.
The petitioners further pray that the above described reel estate be vested in the 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 casements, and that
tide to said real estate sought to be abandoned be vested In the property owners as provided by law, and as to that
particular land the owners be fire from the casements of the public for the use of said alley.
Dated this _ day of , 20_.
Cd A A '
Signature
Printed Name
Signature .
Fe6nmry Ss06
Page 5
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VAGATION UESTS
We: 4.12.07
Address ! location of vacation: Chestnut i Apartments - 650 W. Poplar Street, Fayetteville AR 72703
Adjacent property address: Easement is Completely within the above property
Lot: 6 & 7 Block: 4 Subdivision: Parkers Ela of Valley View Acres
REQUESTED VACATION:
I have been notified of the petition to vacate the following easement, described as follows:
A part of Block Four (4) of Parkees Plat of Valley View Acres, to the City of Fayetteville, Washington County,
Arkansas, being more particularly described as follows: From the Southwest comer of Lot 6 of said Block 4
(being the point of intersection of the East right-of-way of Chestnut Avenue and the North right-of-way of
Poplar Street), thence with the East rightof-way of Chestnut Avenue North 020 61 ' 160 East 37.35 feet thence
leaving said East right-of-way South 87° 08' 4W East 20.13 feet to the Point of Beginning; thence North 020 53'
39" East 25.00 feet; thence South 87" 55' 05" East 105.99 feet; thence North 51" 0$' 18* East 106.24 feet;
thence South 26° 1 T 52" West 38.16 feet; thence South 35° 35' 52" West 14.84 feet; thenoe South 43. 45' 25"
West 11 .02 feet: thence South 629 39''36' West 28.73 feet thence South 26° 01' 60"West 9.88 feet; thence
South 51 " 08' 180 West 18.14 feet; thence North 87' 55' OT West 115.68 feet, to the Point of Beginning and
containing 4,675 square feet (0.107 acres), more or less.
ADJACENT PROPERTY OWNERS COMMENTS:
- n I have been notified of the rcquatcd vacation and decline to comment.
❑ I do not object to the vacation described above.
1.1 1 do object to the requested vacation because.
Name of djaccnt Property Owner (printed)
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Sr®raturc 6f Adjacent Property Owner
Applicant Name
PO nfory 7006 -
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