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
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By. By: 6&-iL0''Oi,;�vGTOtA
DAN COODY, ayor SONDRA E. SMITH, City Clerk/Treasurer uuuwl"
EXHIBIT "A66
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FND. Vr REBAR PN:ODI-15647-001
(WASEIWOTON COUNTY)
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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
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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
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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
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