HomeMy WebLinkAboutOrdinance 5069 Recorded : 11/08%20007 et T04!13R01 PM
Fse Amt : $30 . 00 Psoe 1 of 4
IleshI Qa on Countv . AR
Betts SUMS Circuit Clerk
F11e2007-00041887
ORDINANCE NO, 5069
AN ORDINANCE APPROVING VAC 07-2707 SUBMITTED
BY CITY OF FAYETTEVILLE WATER AND SEWER
DIVISION FOR PROPERTY LOCATED AT THE WESTSIDE
WASTEWATER TREATMENT PLANT (15 SOUTH BROYLES
ROAD), VACATING THE RIGHT-OF-WAY FOR BROYLES
ROAD BISECTING THE CITY'S WESTSIDE WASTEWATER
TREATMENT PLAN SITE, A TOTAL OF 3 . 19 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 Condition of Approval as follows,
and shall not be in effect until the condition is met.
1 . All of Ozarks Electric existing overhead line easements (30' wide) are maintained.
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PASSED and APPROVED this 2nd day of October, 2007. °��ER�rR�s'''�,
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APPROVE ATTEST: Q '
: FAYETTEVILLE •
By: By:
Yl M.nAiu ¢ �All. � TON ���
D NCO DY, Mayor SO RA E. SMITH, City Clerkfrreasurer ,,,y ��� 1A�
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EXHIBIT "B"
VAC 07-2707
TRACT A
COMMENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH,
RANGE 31 WEST, RUN THENCE NORTH 870 44' 17" WEST ALONG THE SOUTH LINE
OF SAID SOUTHEAST QUARTER OF SAID SECTION 14 A DISTANCE OF 1 ,348.79 FEET
TO A FOUND IRON PIN WITH PLASTIC CAP AT THE WEST RIGHT OF WAY LINE OF
THE NEW BROYLES ROAD; THENCE LEAVING SAID SOUTH LINE NORTH 020 34149"
EAST ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A
DISTANCE OF 159.56 FEET TO A FOUND IRON PIN WITH PLASTIC CAP AT THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 739.00 FEET, A
CENTRAL ANGLE OF 500 0910901 , A CHORD BEARING OF NORTH 270 39' 24" EAST
AND A CHORD DISTANCE OF 626.41 FEET, THENCE ALONG THE ARC OF SAID
CURVE A DISTANCE OF 116.68 FEET TO THE EXISTING WEST RIGHT OF WAY LINE
OF OLD BROYLES ROAD FOR THE "TRUE POINT OF BEGINNING" OF THIS RIGHT OF
WAY VACATION DESCRIPTION; THENCE LEAVING SAID WEST RIGHT OF WAY OF
SAID NEW BROYLES ROAD RUN NORTH O10 52' 01 " EAST ALONG THE EXISTING
FENCE ALONG SAID EXISTING WEST RIGHT OF WAY LINE OF SAID OLD BROYLES
ROAD A DISTANCE OF 1 ,708.79 FEET TO THE EXISTING FENCE ALONG THE
EXISTING NORTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE
SOUTH 870 51 ' 28" EAST ALONG SAID EXISTING FENCE ALONG SAID NORTH RIGHT
OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,290. 18 FEET TO THE
WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD; THENCE LEAVING SAID
NORTH RIGHT OF WAY OF SAID OLD BROYLES ROAD SOUTH 070 56' 26" WEST
ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A
DISTANCE OF 36.83 FEET TO THE EXISTING FENCE ALONG THE EXISTING SOUTH
RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE LEAVING SAID WEST
RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD NORTH 880 01 ' 19" WEST
ALONG SAID EXISTING FENCE ALONG EXISTING SOUTH RIGHT OF WAY LINE OF
SAID OLD BROYLES ROAD A DISTANCE OF 1 ,224.96 FEET TO THE EXISTING FENCE
ALONG THE EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD;
THENCE SOUTH 370 13' 41 " WEST ALONG SAID EXISTING FENCE ALONG SAID
EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE
OF 11 .26 FEET; THENCE SOUTH 03° 33' 15 " WEST ALONG SAID EXISTING FENCE
ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A
DISTANCE OF 55.70 FEET; THENCE SOUTH 02° 01 ' 50" WEST ALONG SAID EXISTING
FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES
ROAD A DISTANCE OF 1 ,437.68 FEET TO A POINT ON THE WEST RIGHT OF WAY
LINE OF SAID NEW BROYLES ROAD SAID POINT BEING ON A CURVE TO THE LEFT
HAVING A RADIUS OF 739.00 FEET, A CENTRAL ANGLE OF 500 09109"9 A CHORD
BEARING OF SOUTH 220 39' 24" WEST AND A CHORD DISTANCE OF 626.41 FEET,
THENCE ALONG SAID ARC OF SAID CURVE A DISTANCE OF 173.31 FEET TO THE
POINT OF BEGINNING. THIS DESCRIPTION CONTAINS 1309210 SQUARE FEET OR
2.99 ACRES, MORE OR LESS.
EXHIBIT "B" (CONT.)
VAC 07-2707
TRACT B
COMMENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH,
RANGE 31 WEST, RUN THENCE NORTH 020 37' 00" EAST ALONG THE EAST LINE OF
SAID SOUTHEAST QUARTER OF SAID SECTION 14 A DISTANCE OF 1 ,950.96 FEET TO
THE EXISTING FENCE ALONG THE EXISTING EAST RIGHT OF WAY LINE OF OLD
BROYLES ROAD FOR THE "TRUE POINT OF BEGINNING" OF THIS EXISTING RIGHT
OF WAY VACATION DESCRIPTION; THENCE LEAVING SAID EAST LINE OF SAID
SOUTHEAST QUARTER OF SAID SECTION14 RUN NORTH 470 03104" EAST ALONG
SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID
OLD BROYLES ROAD A DISTANCE OF 49.54 FEET; THENCE NORTH 02° 29' 47" EAST
ALONG SAID EXISTING FENCE ALONG SAID EAST RIGHT OF WAY LINE OF SAID
OLD BROYLES ROAD A DISTANCE OF 514.31 FEET TO THE EAST RIGHT OF WAY
LINE OF THE NEW BROYLES ROAD; THENCE LEAVING SAID EXISTING FENCE
ALONG SAID EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD SOUTH 050
26' 56" WEST ALONG SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES
ROAD A DISTANCE OF 289.62 FEET; THENCE SOUTH 07° 5627" WEST ALONG SAID
EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 261 .66
FEET TO THE EXISTING FENCE ALONG SAID EXISTING SOUTH RIGHT OF WAY
LINE OF SAID OLD BROYLES ROAD; THENCE LEAVING SAID EAST RIGHT OF WAY
LINE OF SAID NEW BROYLES ROAD SOUTH 880 45' 13 " EAST ALONG EXISTING
FENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A
DISTANCE OF 4.99 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION
CONTAINS 89659 SQUARE FEET OR 0.20 ACRES, MORE OR LESS.
ORD
City of Fayetteville
Staff Review Form 5069
City Council Agenda Items -/
or t7 7 C��V (/
Contracts
2-Oct-07
/y ✓1 �� C/
City Council Meeting Date
Jeremy Pate Planning Operation's/
Submitted By Division Department
Action Required:
VAC 07-2707: (City of Fayetteville/Broyles Ave, 515): Submitted by City of Fayetteville Water and Sewer Division for
property located at the Westside Wastewater Treatment Plant ( 15 South Broyles Road). The request is to vacate a portion of
the right-of-way for Broyles Road bisecting the City's Westside Wastewater Treatment Plant site.
$0.00 n/a n/a
Cost of this request CategoryProject 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 O Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
De ment D rector Date Original Contract Date: n/a
Original Contract Number: n/a
City ey
Received in Cis ffice
Q - IY -o7
T
Ll
FinaZ Internal Service Director Date
Received in Mayor's Office
A2K 4
Mayor Date
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
From: Jeremy C. Pate, Director of Current Planning
Date: September 13, 2007
Subject: Right-of-way Vacation for City of Fayetteville/Broyles Road (VAC 07-2707)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating 3. 19 acres of Broyles
Road right-of-way within the City's WWTP site.
BACKGROUND
On February 28, 2005 the Planning Commission approved the Large Scale development
(LSD 05- 1385) for the Westside Wastewater Treatment Plant (WWTP). Broyles Road
originally bisected through the property. The approved site plan for the WWTP relocated
Broyles Road around the treatment plant site. On May 3, 2005 the City Council amended
the Master Street Plan to realign Broyles Road as depicted on the approved site plan. The
WWTP and new alignment of Broyles Road are under construction, with an estimated
completion date for the opening of the re-aligned Broyles Road of June 2008. Right-of-
way has also been dedicated in the new alignment for Broyles Road. Utility
representatives have no objections to the requested vacation.
The request is to vacate approximately 3. 19 acres of the existing right-of-way.
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 6-0-0 to recommend this vacation request to the
City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2707 SUBMITTED
BY CITY OF FAYETTEVILLE WATER AND SEWER
DIVISION FOR PROPERTY LOCATED AT THE WESTSIDE
WASTEWATER TREATMENT PLANT ( 15 SOUTH BROYLES
ROAD), VACATING THE RIGHT-OF-WAY FOR BROYLES
ROAD BISECTING THE CITY'S WESTSIDE WASTEWATER
TREATMENT PLAN SITE, A TOTAL OF 3. 19 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 . All of Ozarks Electric existing overhead line easements (30' wide) are maintained.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
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EXHIBIT "B"
VAC 07-2707
TRACT A
COMMENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH,
RANGE 31 WEST, RUN THENCE NORTH 870 44' 17" WEST ALONG THE SOUTH LINE
OF SAID SOUTHEAST QUARTER OF SAID SECTION 14 A DISTANCE OF 1 ,348.79 FEET
TO A FOUND IRON PIN WITH PLASTIC CAP AT THE WEST RIGHT OF WAY LINE OF
THE NEW BROYLES ROAD; THENCE LEAVING SAID SOUTH LINE NORTH 02° 34' 49"
EAST ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A
DISTANCE OF 159.56 FEET TO A FOUND IRON PIN WITH PLASTIC CAP AT THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 739.00 FEET, A
CENTRAL ANGLE OF 500 09' 09" , A CHORD BEARING OF NORTH 270 39' 24" EAST
AND A CHORD DISTANCE OF 626.41 FEET, THENCE ALONG THE ARC OF SAID
CURVE A DISTANCE OF 116.68 FEET TO THE EXISTING WEST RIGHT OF WAY LINE
OF OLD BROYLES ROAD FOR THE "TRUE POINT OF BEGINNING" OF THIS RIGHT OF
WAY VACATION DESCRIPTION; THENCE LEAVING SAID WEST RIGHT OF WAY OF
SAID NEW BROYLES ROAD RUN NORTH 010 52' 01 " EAST ALONG THE EXISTING
FENCE ALONG SAID EXISTING WEST RIGHT OF WAY LINE OF SAID OLD BROYLES
ROAD A DISTANCE OF 1 ,708.79 FEET TO THE EXISTING FENCE ALONG THE
EXISTING NORTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD;'THENCE
SOUTH 870 51 ' 28" EAST ALONG SAID EXISTING FENCE ALONG SAID NORTH RIGHT
OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,290.18 FEET TO THE
WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD; THENCE LEAVING SAID
NORTH RIGHT OF WAY OF SAID OLD BROYLES ROAD SOUTH 070 56' 26" WEST
ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A
DISTANCE OF 36.83 FEET TO THE EXISTING FENCE ALONG THE EXISTING SOUTH
RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE LEAVING SAID WEST
RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD NORTH 880 01 ' 19" WEST
ALONG SAID EXISTING FENCE ALONG EXISTING SOUTH RIGHT OF WAY LINE OF
SAID OLD BROYLES ROAD A DISTANCE OF 1 ,224.96 FEET TO THE EXISTING FENCE
ALONG THE EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD;
THENCE SOUTH 370 13' 41 " WEST ALONG SAID EXISTING FENCE ALONG SAID
EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE
OF 11 .26 FEET; THENCE SOUTH 03° 33' 15" WEST ALONG SAID EXISTING FENCE
ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A
DISTANCE OF 55.70 FEET; THENCE SOUTH 02° 01 ' 50" WEST ALONG SAID EXISTING
FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES
ROAD A DISTANCE OF 1 ,437.68 FEET TO A POINT ON THE WEST RIGHT OF WAY
LINE OF SAID NEW BROYLES ROAD SAID POINT BEING ON A CURVE TO THE LEFT
HAVING A RADIUS OF 739.00 FEET, A CENTRAL ANGLE OF 500 09' 09", A CHORD
BEARING OF SOUTH 220 39' 24" WEST AND A CHORD DISTANCE OF 626.41 FEET,
THENCE ALONG SAID ARC OF SAID CURVE A DISTANCE OF 173 .31 FEET TO THE
POINT OF BEGINNING. THIS DESCRIPTION CONTAINS 130,210 SQUARE FEET OR
2.99 ACRES, MORE OR LESS.
EXHIBIT "B" (CONT.)
VAC 07-2707
TRACT B
COMMENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH,
RANGE 31 WEST, RUN THENCE NORTH 020 37' 00" EAST ALONG THE EAST LINE OF
SAID SOUTHEAST QUARTER OF SAID SECTION 14 A DISTANCE OF 1 ,950.96 FEET TO
THE EXISTING FENCE ALONG THE EXISTING EAST RIGHT OF WAY LINE OF OLD
BROYLES ROAD FOR THE "TRUE POINT OF BEGINNING" OF THIS EXISTING RIGHT
OF WAY VACATION DESCRIPTION; THENCE LEAVING SAID EAST LINE OF SAID
SOUTHEAST QUARTER OF SAID SECTION 14 RUN NORTH 470 03' 04" EAST ALONG
SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID
OLD BROYLES ROAD A DISTANCE OF 49.54 FEET; THENCE NORTH 02° 29' 47" EAST
ALONG SAID EXISTING FENCE ALONG SAID EAST RIGHT OF WAY LINE OF SAID
OLD BROYLES ROAD A DISTANCE OF 514.31 FEET TO THE EAST RIGHT OF WAY
LINE OF THE NEW BROYLES ROAD; THENCE LEAVING SAID EXISTING FENCE
ALONG SAID EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD SOUTH 050
26' 56" WEST ALONG SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES
ROAD A DISTANCE OF 289.62 FEET; THENCE SOUTH 070 56' 27" WEST ALONG SAID
EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 261 .66
FEET TO THE EXISTING FENCE ALONG SAID EXISTING SOUTH RIGHT OF WAY
LINE OF SAID OLD BROYLES ROAD; THENCE LEAVING SAID EAST RIGHT OF WAY
LINE OF SAID NEW BROYLES ROAD SOUTH 88°45' 13 " EAST ALONG EXISTING
FENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A
DISTANCE OF 4.99 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION
CONTAINS 89659 SQUARE FEET OR 0.20 ACRES, MORE OR LESS.
TayeV 1 PC Meeting of September 10, 2007
KANSAS
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: Aikgust- A9q Updated September 13.200 7
VAC 07-2707: (BROYLES ROAD, 476/515): Submitted by CITY OF
FAYETTEVILLE WATER AND SEWER DIVISION for property located at the
WESTSIDE WASTEWATER TREATMENT PLANT ( 15 SOUTH BROYLES ROAD).
The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains
approximately 3. 19 acres. The request is to vacate un-constructed right-of-way for
Broyles Road bisecting the City's Westside Wastewater Treatment Plan site.
Property Owner: City of Fayetteville
Planner: Andrew Gamer
Findings:
Background: On February 28, 2005 the Planning Commission approved the Large Scale
development (LSD 05- 1385) for the Westside Wastewater Treatment Plant (WWTP).
Broyles Road originally bisected through the property. The approved site plan for the
WWTP relocated Broyles Road around the treatment plant site. On May 3, 2005 the City
Council amended the Master Street Plan to realign Broyles Road as depicted on the
approved site plan. The WWTP and new alignment of Broyles Road are under
construction, with an estimated completion date for the opening of the re-aligned Broyles
Road of June 2008.
Property: The 168-acre WWTP property is located east of 54th Avenue, south of
Persimmon Street, and west of Broyles Road, which traverses through the site.
Approximately 40 acres of the 168 acres is under development for the plant site at this
time, with much of the remainder in open field, tree preservation area and wetland areas.
The portion of Broyles Road that traverses through the site and was approved by City
Council to be re-aligned contains 3 . 19 acres.
Request: The applicant is requesting to vacate 3. 19 acres of Broyles Road right-of-way
within the City's WWTP site. The applicant has submitted the required notification
forms to the utility companies and to the City with the result summarized below.
K:Vtepons12007PC Rcports\09-10-071VAC 07-2707 (Bro)les Road).doc
UTILITIES RESPONSE
Ozarks Electric No Objections; providing that all of Ozarks
Electric existing overhead line easements
(30' wide) are maintained.
Cox Communications No Objections
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends that the Planning Commission forward VAC 07-
2707 to the City Council with a recommendation for approval with the following
condition of approval:
1 . All of Ozarks Electric existing overhead line easements (30' wide) are maintained.
CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: September 10, 2007
Motion: Trumbo
Second: Cabe
Vote: 6-0-0
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
KARg*,ts\2007\PC Rcpods\09-1"7WAC 07-2707 (Bmyla Rosd).doc
•
Itv11e
ARKANSAS
WATER AND WASTEWATER DIVISION CORRESPONDENCE
Memo
To: City of Fayetteville Planning
From: Shannon W. JonesSiJ3
Date: July 30, 2007
Re: Broyles Avenue Right of Way Vacation Request
£25 W. Mountain St
Fayetteville, AR 72701
Telephone: (479) 575-8206
Fax: (479) 575-8202
Attached is the right-of-way (ROW) vacation request for Broyles Avenue in the vicinity of the
new wastewater treatment plant (WWTP). The site for the new WWTP is located on the existing
ROW of Broyles Avenue. A new alignment of Broyles Avenue was designed as part of the
WWTP design, and is currently under construction by Dean Crowder. The old ROW needs to be
formally vacated to ensure that there are no conflicts with the WWTP facilities in the future.
Should you have any questions or comments, please do not hesitate to contact me.
go
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Broyles Road Right of Way Vacation
Overview Map
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130.210 SQUARE FEET
2.99 ACRES
FOUND IRON PIN WITH PLASTIC
CAP Al SE CORNER. SEY,
SECTION 14 T -16-N. R -31-W
1348.79'
OGSTING RIGHT OF WAY VACTION
OLD BROYLES ROAD
FAYEf1EVXSE. ARKANSAS
TRACT A
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OLD BROYLES ROAD
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E)0STNG LIGHT OF WAY VACIION a
O1D BROYIES ROAD
FAME TE1R1E, ARKANSAS
TRACT B 11/1
THIS IS NOT A PLAT OF SURVEY
JUL-18-2007 WED 01: P
P. 02
UTIL[rY APPROVAL FORM
FOR RICnT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1 -1l -2m'7
UTILITY COMPANY: C1)Z'r/LS' ,4E 2/
REQUESTED VACATION(q} katnitc*•etg(t eq'pfr):
❑ Utility E•ceawg
O RI —of -way for day ae *Ueeb and W atWty aaemads band within da vacated right- of way.
❑ Alley
6f Suva tWit-of-way
I have Gem nodfed of the paidat to vacate the following rldM-ofw•ay deactbed as 6dbwa:
General location I Address: 15 Sow Brovlae An.
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2006 7:38AM FAYSC CUST SVC
I
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: /'7-D 4'
trnuiYCOMPANY: {fFt
No. 0429
REQUESTED VACATION (w &awt an check riff that applyr
o Utnity Eueteeid
JR Right-of-way Sr alley or sacds and alt utility easeman locawd within the vacated rigid- of- way.
O Alley
0 Strad right-of-way
I ban been notified of the pctton to vacate the (blowing right#way daaibed as follows:
See Aaathd 8shibitrfer Tract A aad Trail B
1 r •a 1' •♦ 1 I
I II II1n .I I 111 1.. 1.1 111
I.• 11 -111. 111 Y I'II ♦- 4 1.1 • 1 • 1-1 III 1.' I 1 -.I -II k'I11. I •I 1111-p, I.n: II 1' •\• I'
P. 2
I
FeMcy2001
Pere S
FOR R1Q T -OF -WAY. ALLEY AND
Vn EAS RNT VACATIONS
DATE 07-05-G7
TiiiLrTY COMPANY: SRC/ATT
APFUCAW NAME CAyc(Fayc..e i& ArPLICANrr}lpNE
R6QDCS7ID VACATION (W/lyatadesia!!(fafre{ay)_ _pe-Sy1 ;ydd_
(lM'lity 6ucac>,
Ripear-W+y 0 alley ormen. ad at So eyarr eoy Ieceed e.1Glo esy.m,d r+dn- or -..y
Alley
Steen rid 0Foy
Ilare been emifcd ores peteeo lo vac tlK 6Doeiot (ed(y, 1°a°eer'(tW4Citqe) deaib.do [oIlona:
Cana 6cagoat AMtas (ureerioy Ia macbed .1-. ___be ..,.., .)
^ l S Soab 8myln Ave
dec AetcAsE+AYitriac rcwA..4 re.ya
(9taae a ee me vaorion(s) a -Wxl+bo,e. yrovlded roUorriq degib d cesmimta an: lomeeq Vo,msiea. W PrPoa below.) eetlined.
Na obJeoiau povided Sc rollo.inS coadeioa rm met
ml
75- za. - --
Z 695zSZ6986 'ON%LS l 1�1S/8�': t t DLO .6 'A't (NOW)
WOES
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
UTILITY COMPANY:
REQUESTED VACATION (applicant must check all that apply):
❑ Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following right-of-way described as follows:
General location / Address: 15 South Broyles Ave.
See Attached Exhibits for Tract A and Tract B
UTILITY COMPANY COMMENTS:
JKNo objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
Title
February 2004
Pages
JUL
CEIvEb
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND EN'INEER�NG ply
UTILITY EASEMENT VACATIONS
DATE: - 1 '-o(,
UTILITYUTILITY COMPANY: /t(( WSQS 1,LfpS+1
REQUESTED VACATION (applicant mast check all that apply):
❑ Utility Easement
X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following right-of-way described as follows:
General location / Address: 15 South Broyles Ave.
See Attached Exhibits for Tract A and Tract B
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
Utility Cbmpany Representative
Febmary 2004
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: I4 5y5 O(n
UTILITY COMPANY:
REQUESTED VACATION (applicant mast check all that apply):
❑ Utility Easement
X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
O Street right-of-way
I have been notified of the petition to vacate the following right-of-way described as follows
General location / Address: 15 South Broyles Ave.
See Attached Exhibits for Tract A and Tract B
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
O No objections to the vacation(s) described above, provided following described easements are retained
(State the location, dimensions, and purpose below.)
February 2004
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: aDr%_
e
UTILITY COMPANY:
�N/TA/4aet
REQUESTED VACATION (applicant must check aft that apply):
❑ Utility Easement
XRight-of-way for alley or stteets and all utility easements located within the vacated right- of- way.
❑ Alley
❑ Shed right-of-way
I have been notified of the petition to vacate the following right-of-way described as follows:
General location / Address: 15 South Broyles Ave.
See Attached Exhibits for Tract A and Tract B
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained
(State the location, dimensions, and purpose below.)
Signature of Utility
Title
Representative
C "I
I
February 2004
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: ( J'Xv at0, a,Z '
REQUESTED VACATION (applicant must check all that apply):
❑ Utility Easement
J� Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following rightof-way described as follows:
General location / Address: 15 South Broyles Ave.
See Attached Exhibits for Tract A and Tractft
UTILITY COMPANY COMMENTS:
a No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
Signature of ility Company Representati e
Tide
Febn4ary 2004
Page S
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1(10.5.07) Clarice Pearman - Ords. 5963, 5964, 5966-5969 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 10.5.07 11:41 AM
Subject: Ords. 5963, 5964, 5966 - 5969
Attachments: 5969 VAC 07-2707 WSIP r-o-w.pdf; 5964 R-PZD 07-2649 College Ave Townhomes.p
df; 5966 RZN 07-2691 hays.pdf; 5967 VAC 07-2705 Driver.pdf; 5968 VAC 07-270
6 Hammons.pdf; 5963 R-PZD 07-2576 Woodstock Community.pdf
CC: Audit
Jeremy:
Attached are the above ordinances passed by City Council, October 2, 2007. Please let me know If there Is anything needed
for these items. Have a good day.
Thanks.
Glance
10.11.07 Clarice Pearman - Ord. 5063, 5064 and 5066-6069 Page 1
From: Garice Pearman
To: Pate, Jeremy
Date: 10.11.07 5:22 PM
Subject: Ord. 5063, 5064 and 5066-6069
CC: Audit; GIS
Jeremy: Attached is a copy of the above ordinances passed by City Council, October 2, 2007. I misnumbered the
ordinances and these are corrected numbers. Please replace your ordinance (only) sent earlier. Pm sorry for the
Inconvenience.
Have a good day.
Thanks.
Clarice
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Kate MacNaughton, do solemnly swear that I am the Legal Clerk of the
Arkansas Democrat Gazette newspaper. Printed and published in Benton
County Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of
City of Fayetteville: Ordinance No. 5069
Was inserted in the Regular Editions on:
October 15 & 17, 2007
Publication Charge: $189.90
Subscribed and sworn to before me
This /7day of Od , 2007.
Notary Public G C
ILounty
on Expires
"+k„y' Februa 20, 2014
My Commission Expires: Z Z� Th ,
N0TE"* Please do not pay from Affidavit.
Invoice will be sent.
Wednesday, October 17, 2007
ORDINANCE NO. SOBS
AN ORDINANCE APPROVING VAC 07-2707 SUB-
MITTED BY O FAPREVITYE WATER AND a e evl le
EW TSIDEX! FOR ERPROPERTY TPL AT
THE TSIDE WASTEWATER TREATMENT PLANT
(15 SOUTH BROYLES ROAD). VACATING THE
RIGHT-OF-WAY FOR BROYLES ROAD BISECTING ARKANSAS
THE CITY'S WESTSIDE WASTEWATER TREATMENT
PLAN SITE. A TOTAL OF 3.19 ACRES.
WIo1EAB, the City Council has the authority under A C A § 14-54-104 to vacate public groutods
Or poniona thereof which are not required for corporate purposes: and
WIflYfr the City Council has determined that the tO lowing described portcn of the pined
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:
Seclo- 1 That he Cd.y Ccu ml of Iliac y:' Fayel:ev.ie. Ar°arras nerecy vacates and abandons
the fodow,ng described right-of-way
See Exhibit B attached hereto and made a pan thereof.
Sectio-2 The:acooyofhis 0c1na,ceoayce'ufiee oy the C Clerk along with the neap attached
he'etc r nI it , HI in .,i..I I - e. in - Retarder Of the County end rec&d-
ed'y ..... , i l,. a . �,r,I
Secnor, 3 "raIli!; °,.._ r- eboiova s subject to the Co cit,o9 of Approval as follows, and seal'
not be n effect until tl i:....1 ion is met.
1. All of Ozarks Electric i � sting overhead line easements (30' wide) are maintained.
aM APPROVED this 2nd day of October. 2007
Arrnuvtu
ATTEST
By
By
DAN COODY, Mn..
SONDRA E. SMITH, City Ct.It7Rn.IBBT
Exhibit'A" is a map and may be viewed in the Office of the City Clerk/Treasurer during normal
nese hours.
EXHIBIT 'B'
_- -
VAC 07-2707
bUUIHtAsl UUARIEH OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 31 WEST. RUN THENCE
NORTH 87° 44 1T WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SAID
SECTION 14 A DISTANCE: OF 1,348.79 FEET TO A FOUND IRON PIN WITH PLASTIC CAP AT THE
WEST RIGHT OF WAY LINE OF THE NEW BROYLES ROAD; THENCE LEAVING SAID SOUTH LINE
NORTH 02° 34' 49' EAST ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD
A DISTANCE OF 159.56 FEET TO A FOUND IRON PIN WITH PLASTIC CAP AT THE BEGINNING'OF
A CURVE TO THE RIGHT HAVING A RADIUS OF 739.00 FEET, A CENTRAL ANGLE OF 50° 0909
A CHORD BEARING OF NORTH 27° 39' 24' EAST AND A CHORD DISTANCE OF 626.41 FEET
THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 116.68 FEET TO THE EXISTING WEST
RIGHT OF WAY LINE OF OLD BROYLES ROAD FOR THE TRUE POINT OF BEGINNING' OF THIS
RIGHT OF WAY VACATION DESCRIPTION; THENCE LEAVING SAID WEST RIGHT OF WAY OF SAID
NEW BROYLES ROAD RUN NORTH 0I°5201' EAST ALONG THE EXISTING FENCE ALONG SAID
EXISTING WEST RIGHT OF WAY UNE OF SAID OLD BROYLES ROAD A DISTANCE OF 1,70f 79
FEET TO THE EXISTING FENCE ALONG THE EXISTING NORTH RIGHT OF WAY UNE OF SAID CIW
BROYLES ROAD: THENCE SOUTH 87° 51' 28' EAST ALONG SAID EXISTING FENCE ALONG SAID
NORTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1,290.18 FEET IC
THE WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD; THENCE LEAVING SAID NORTH
RIGHT OF WAY OF SAID OLD BROYLES ROAD SOUTH 07° 56' 28' WEST ALONG SAID WEST
RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 36.83 FEET TO THE EXIST-
ING FENCE ALONG THE EXISTING SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD
THENCE LEAVING SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD NORTH 88°
0119 WEST ALONG SAID EXISTING FENCE ALONG EXISTING SOUTH RIGHT OF WAY UNE OF
SAID OLD BROYLES ROAD A DISTANCE OF 1,224.96 FEET TO THE EXISTING FENCE ALONG THE
EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE SOUTH 37° 13'41'
WEST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY UNE OF*JD
OLD BROYLES ROAD A DISTANCE OF 11.26 FEET THENCE SOUTH 030 33' 15' WEST ALONG
SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD
BROYLES ROAD A DISTANCE OF 55.70 FEET; THENCE SOUTH 02° 01' 50' WEST ALONG SAID
EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES
ROAD A DISTANCE OF 1437.68 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SAID
NEW BROYLES ROAD SAID POINT BEING ON A CURVE TO THE LEFT HAVING A RADIUS' OF
739.00 FEET. A CENTRAL ANGLE OF 50° 09' 09', A CHORD BEARING OF SOUTH 220 3924 ST
AND A CHORD DISTANCE OF 626.41 FEET THENCE ALONG SAID ARC OF SAID CURE A :S-
TANCE OF 173.31 FEET TO THE POINT OF BEGINNING THIS DESCRIPTION CONTAINS 130210
SQUARE FEET OR 2.99 ACRES, MORE OR LESS. :d
TRACT B .7
COLNIENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST OORNEF OF THE
SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH. RANGE 31 WEST, RUN THEF} CE
NORTH 02° 3T 00' EAST ALONG THE EAST UNE OF SAID SOUTHEAST QUARTER OF SAID S C-
TION 14 A DISTANCE OF 1,950.96 FEET TO THE EXISTING FENCE ALONG THE EXISTING EAST
RIGHT OF WAY LINE OF OLD BROYLES ROAD FOR THE TRUE POINT OF BEGINMNG'bF THIS
EXISTING RIGHT OF WAY VACATION DESCRIPTION THENCE LEAVING SAID EAST LINE OF SAID
SOUTHEAST QUARTER OF SAID SECTION14 RUN NORTH 47° 03 04' EAST ALONG SAID EXIST-
ING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A
DISTANCE OF 49.54 FEET: THENCE NORTH 02° 29' 4T EAST ALONG SAID EXISTWS FENCE
ALONG SAID EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 514.31
FEET TO THE EAST RIGHT OF WAY LINE OF THE NEW BROYLES ROAD; THENCE LEAVING SAID
EXISTING FENCE ALONG SAID EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD SOUTH
05° 26' 56' WEST ALONG SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DIS-
TANCE OF 289.62 FEET; THENCE SOUTH 07° 56' 27' WEST ALONG SAID EAST RIGHT OF WAY
LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 261.66 FEET TO THE EXISTING FENCE
ALONG SAID EXISTING SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THE CE
LEAVING SAID EAST RIGHT OF WAY UNE OF SAID NEW BROYLES ROAD SOUTH 88° 45' 13 EST
ALONG EXISTING FENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES
ROAD A DISTANCE OF 4.99 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION CONTAINS
0.659 SQUARE FEET OR 0.20 ACRES. MORE OR LESS. h