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HomeMy WebLinkAboutOrdinance 5067 VWN WN W NII NNI YW NN YI NII YIN VIII YW uW NY N VN Doc ID : 011737080003 Tvoe : REL Recorded : 11/08/2007 at 04 : 12 : 20 PM Fee Amt : $25 . 00 Pace 1 of 3 Mashlnoton Countv . AR Bette Btamos Circuit Clerk F1192007-00041885 ORDINANCE NO, SV67 AN ORDINANCE APPROVING VAC 07-2705 SUBMITTED BY FREELAND, KAUFMANN & FREEDEN FOR PROPERTY LOCATED AT THE EAST END OF TOWNSHIP, VACATING THE EXCESS RIGHT-OF-WAY ON THE NORTH AND SOUTH SIDES OF TOWNSHIP, A TOTAL OF 1 ,789 SQUARE FEET. 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 Condition of Approval as follows, and shall not be in effect until the condition is met. 1 . The portion of right-of-way to be vacated shall be retained as a general utility easement. TR�s,,��� PASSED and APPROVED this 2 day of October, 2007. v . • 1 Y p G a APPROVED: ATTEST: " U; FAYEi TIVIU -E � / =� •.ti By. By: 6&-iL0''Oi,;�vGTOtA DAN COODY, ayor SONDRA E. SMITH, City Clerk/Treasurer uuuwl" EXHIBIT "A66 1naNAEL 4 Vol . PN:7ee -000 e0: BN. 2007• M 24300 (ZONE RSF-4) MADELYN • MCHAEL OAMS PM 765-22070-000 9R e1L 2004. PG 4084 SDSJ DEME"OK LLC (ZONE ASF-4) 147.36.79 SQ FF. OR 3.0826 AORES4 PN: 765-21241-200 RIGW-OFWAY OEM 1aW RRAN2001% PGA 51 ;89496 SF. E90GT. ZONED RS'-4 RTO vACATacaT®P-WAY . %ns5• � � � P.O.B. - - - — � R-5O' of ROW 1 RQ6A8 N5957'54401 227' s/e' AETJAA n�e9-sr5rw _ 80.07' N3953'24T: E TOWNSFP — — 8165ir / NOOV2WW 6600' N5757'54w 229' - - - - N_ � L-7623 ' 1 R-4O8' — � ROW 2 i 1RGRT-OF-WAY OE,5O. 2 , 1289428 SF. E90ST. rc IR164R-OP-WAY TO Be 1 y. VACATED E 1 EP10 D. s RACIfL E R SALE U PN:7W-21010-000 WJ: eN. 2006 PR nee (ZONE RSF-4) PATO. ALL TRAM JOSHUA IUWER BROWN FND. Vr REBAR PN:ODI-15647-001 (WASEIWOTON COUNTY) i I EXHIBIT "B" VAC 07-2705 PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL NUMBER 765-21241 -200 AS DESCRIBED IN WASHINGTON COUNTY WARRANTY DEED BOOK 2006, PAGE 19151 , THENCE N00002'5891W 182.63 FEET; THENCE N89°57' 54"W 12.27 FEET TO THE POINT OF BEGINNING; THENCE N89057'51 "W 80.06 FEET; THENCE 11 .24 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 26.48 FEET AND A CHORD BEARING OF N62022'05"E, THENCE 78.09 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CHORD BEARING OF S85044'4691E TO THE POINT OF BEGINNING, CONTAINING 894.96 SQUARE FEET OR 0.0205 ACRES, MORE OR LESS. AND PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL NUMBER 765-21241 -200 AS DESCRIBED IN WASHINGTON COUNTY WARRANTY DEED BOOK 2006, PAGE 19151 , THENCE N00002' 58"W 116.63 FEET; THENCE N89°57'54"W 12.29 FEET TO THE POINT OF BEGINNING; THENCE 76.23 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.50 FEET, A DELTA ANGLE OF 78030'44", AND A CHORD BEARING OF S84°55 ' 12"W, THENCE 14.24 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 29.93 FEET, A DELTA ANGLE OF 27000'40"9 AND A CHORD BEARING OF N64025944"W 14. 11 FEET; THENCE S89°43'06"E 76.27 FEET TO THE POINT OF BEGINNING, CONTAINING 894.28 SQUARE FEET OR 0.0205 ACRES, MORE OR LESS. Washington County, AR , I certify this instrument was filed on i 11 /08/2007 04: 12:20 PM f and recorded in Real Estate File Number 2007-0004188 1 Bette stamps - Circuit le l by R b K� City of Fayetteville Staff Review Form City Council Agenda Items or ✓f�� 4`l- a7l� Contracts Dr ✓ r SI 2-Oct-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2705 : (Driver SID, 295): Submitted by Freeland, Kaufmann & Freeden for property located at the east end of Township. The request is to vacate the excess right-of-way on the north and south sides of Township. $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 CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item O Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Director Date Original Contract Date: n/a p Original Contract Number. n/a -O n City Attorney I Received in le Office Finance and Internal Service Director Date Received in Mayor's Office 9/` 07 Mayor Comments: City Council Meeting of October 2, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations �y From: Jeremy C. Pate, Director of Current Planning d` Date: September 12, 2007 Subject: Driver Subdivision Right-Of-Way Vacation of Township Road (VAC 07-2705) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating the excess right-of-way on the north and south sides of a temporary cul-de-sac at the east end of Township Road. BACKGROUND The subject property is located on the north and south sides of a temporary cul-de-sac at the east end of Township Road. On August 30, 2007, the Subdivision Commission approved a final plat for the Driver Subdivision. As a condition of approval, the applicants are required to vacate the subject right-of-way so as to extend Township Road and to provide access to the Driver subdivision. East Township Road ends in a cul-de-sac in Covington Park subdivision, with a stub out that has now been extended. The applicant has removed the temporary cul-de-sac, extended Township, and will dedicate a 50' right- of-way with the final plat. The excess right-of-way will become the property of each adjoining property owner, each of which has signed forms consenting to the vacation. The applicant requests to vacate 1 ,789 square feet right-of-way to extend Township Road and to provide access to the subdivision. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission meeting on September 10, 2007. The Planning Commission voted 6-0- 1 to recommend this vacation request to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2705 SUBMITTED BY FREELAND, KAUFMANN & FREEDEN FOR PROPERTY LOCATED AT THE EAST END OF TOWNSHIP, VACATING THE EXCESS RIGHT-OF-WAY ON THE NORTH AND SOUTH SIDES OF TOWNSHIP, A TOTAL OF 11789 SQUARE FEET. 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 . The portion of right-of-way to be vacated shall be retained as a general utility easement. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer to EXHIB, IT 11A11 45-7 F% N - , -boo PN: 24 BO: me 2007. P0. 24780 (ZONE RSf-4) MADELYN ! MKNAEL DANS PN:765-32070-000 IN BIC 2004. PO. 4004 SDSJ DE\EEDPERS. LLL (ZONE RS(-4) 147.740.70 SO. ET. 0R 7.7020 ACESk PN: 760-21241-2DO IZI64f-0E-WAY OESC. i WAFVtNfrY W. 2001k PO�51 299496 SF. D05T. Ztlm RSE-4 RIiFR-0E-WAY TO B VACATED . -nea• ` � . P.01B. - - — � R150' ROW 1 RR64e Ne957.54w a2r 5/r RERAR NB9'S7'9Y0 00-07. else Noo oreB'w 66j= MMI*54W M294 ` - - - - - � SbL47623' P.O.B. 12.414m. Ro-w 2 a IRWM'-0E-WAY OC9G 2 !1�� I te942e $F. DQST. 8 IR1QiM1C"AY TO EE 4 1 y VAl:A7® e I ERIC D. A RME11E R. SNE I PNBK 20 2Om 25 0o- ac 7005 PG 2500 --- -- -- (2011E Rg-a) -- PA.G All TRAM JOSHUA IURNER BROWN FPA Vr R5w PN:001-15647-00I (VAR61NJ01J OOUNIY) I I� 1 I i EXHIBIT 'B" VAC 07-2705 PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL NUMBER 765-21241 -200 AS DESCRIBED IN WASHINGTON COUNTY WARRANTY DEED BOOK 2006, PAGE 19151 , THENCE N00002'5895W 182.63 FEET; THENCE N89°57'54"W 12.27 FEET TO THE POINT OF BEGINNING; THENCE N89°57'51 "W 80.06 FEET; THENCE 11 .24 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 26.48 FEET AND A CHORD BEARING OF N62022'0511E, THENCE 78.09 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CHORD BEARING OF S85044946"E TO THE POINT OF BEGINNING, CONTAINING 894.96 SQUARE FEET OR 0.0205 ACRES, MORE OR LESS. AND PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL NUMBER 765-21241 -200 AS DESCRIBED IN WASHINGTON COUNTY WARRANTY DEED BOOK 2006, PAGE 19151 , THENCE N00002'58"W 116.63 FEET; THENCE N89°57'54"W 12.29 FEET TO THE POINT OF BEGINNING; THENCE 76.23 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.50 FEET, A DELTA ANGLE OF 78030144", AND A CHORD BEARING OF S84°55 ' 12"W, THENCE 14.24 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 29.93 FEET, A DELTA ANGLE OF 27000140", AND A CHORD BEARING OF N64025 '44"W 14. 11 FEET; THENCE S89043106"E 76.27 FEET TO THE POINT OF BEGINNING, CONTAINING 894.28 SQUARE FEET OR 0.0205 ACRES, MORE OR LESS. • lle ave wl PC Meeting of September 10, 2007 i 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: Data Sanders, Current Planner THRU:. Jeremy Pate, Director of Current Planning DATE: September- 10, 2007. September 11, 2007 VAC 07-2705: (Driver S/D): Submitted by FREELAND, KAUFMANN & FREEDEN for property located at THE EAST END OF TOWNSHIP. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1 ,789 square feet. The request is to vacate the excess right-of-way on the north and south sides of Township. Owner: Mike Driver Planner: Data Sanders Findings: Background: On July 24, 2006 the Planning Commission approved the Preliminary Plat (PPL 06-2151 ) for the Driver Subdivision. East Township Road ends in a cul-de-sac in Covington Park subdivision, with a stub out that has now been extended. The conditions of approval required the applicant to remove the existing cul-de-sac on East Township Street, into which the new street will connect, and the extension of a minimum 28' street, curb, gutter, storm drain, and sidewalk to the cut-point. The applicant will be dedicating a 50' right-of-way, which will result in an acceptable jog in the right-of-way between Covington Park and Driver Subdivisions. The subject properties are located in the existing cul-de-sac on East Township Street where the removal will occur. Request: The applicant requests to vacate a portion of right-of-way as indicated on the attached drawings and legal description. 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 Objection Cox Communications No Objection K:Vtcpons\2007tPC Rcpons\09-10-071VAC 07-2705 (Driver).doc Southwestern Electric Power Company No Objection Arkansas Western Gas No Objection Southwestern Bell Telephone No Objection. Keep utility easement. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Keep all water and sewer easements. Transportation No Objection Solid Waste Engineering No Objection Public Comment: The adjacent property owners have indicated no objections with the proposed right-of-way vacation. Recommendation: Staff recommends forwarding VAC 07-2705 to the City Council with a recommendation for approval with the following conditions: 1 . The portion of right-of-way to be vacated shall be retained as a general utility easement. CITY COUNCIL ACTION: Reauired PLANNING COMMISSION ACTION: Required Planning Commission Action: J Forwarded ❑ Denied ❑ Tabled Meeting Date: September 10, 2007 Motion: Ostner Second: Trumbo Vote: 6-0-1 KARcports\2007\PC Reports109-10-07TVAC 07-2705 (Driva).doc 'FROM FREELFIND K LFFMAN & FIW-- J FAX NO. : 479-621-0602 P " a. 03 2007 02: 57PM P2 FOR RIGHT- OF- WAY, ALLEY, AND 11TILffY EASEMENT VACATIONS DATE: UTILITY COMPANY: �� Il),IkA. 4 Se uaee APPLICANT NAME: ,. _ APPLICANT PHONE: (Y-M Q! 15{-'11?I REIR"'D VACA 1 v n rheck � thatapply): Utility pasanent - Right-of-way fm alley or WcoU and all utility casements IocAled within the vacated right- of- way. Alley ✓ Street rigbi-of:way 1 have been notified of Ibc petition to vacate the following (ally, easement rfrh�-oldesm1md as follows: General location l Address (refecting to attached docurnmt- [oust be completed**) .. 5K Exl.6t A (A7YACHlegal dever4olon P1lgraphic representation ajwhat is being vacatedSURVEJ?) UTILITY COMPANY COMMENTS: No objections to the vacations) described &lave. No objections to the vacation(G) described above, provided following described casements are retained. (State the loeatiat, dimensions, and pugxm below.) i` No objections providdl\ed the following conditions arc mel: G-- 11 �. c-a-W.Ayt�s Signature of Utility Company Representative 'V4oXAAr .1w Se, Title F4 nmry 2*9 Palle 5