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HomeMy WebLinkAboutOrdinance 5072 11111111111 m 111 11111111111111 Doc ID : 011835100004 TVDe : REL Recorded : 12/17/2007 at 11 : 22 : 48 AM Fee Amt : $30 . 00 Pao* 1 of 4 Meshlnaton County , AR Bette Stems Circuit Clerk F1192007-00045810 ORDINANCE NO, 5072 AN ORDINANCE APPROVING VAC 07-2722 SUBMITTED BY ALAN REID FOR PROPERTY LOCATED AT 301 SOUTH WEST AVENUE TO VACATE THREE RIGHTS-OF-WAY: THE ALLEY ALONG THE WEST SIDE OF THE PROPERTY, A PORTION OF WEST AVENUE ALONG THE EAST SIDE OF THE PROPERTY AND THE FULL WIDTH OF THE UN- CONSTRUCTED EXTENSION OF SOUTH STREET ON THE NORTH SIDE OF THE SUBJECT PROPERTY, A TOTAL OF 0.29 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 portions of platted right-of-way are 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 rights-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 . A 10' utility easement shall be provided along the west side of West Avenue for the length of the property. Page 2 Ord. 5072 2. Relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility easements. PASSED and APPROVED this 6`h day of November , 2007. =`:.•c \A Y p .• pF� ; U ° APPROVED: ATTEST: = ; FAYETTEVILLE ; 17 By: By: -���V / _` �/lt °., GTWA ��`O• '14JAM01% D N COOD , NL7 SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" VAC 07-2722 3ilR € '� s il9 tlala§ ��p11IO Y E qRi4�ill44 116� ii415 ��$� SICNO � `� �_.—• .,�„pis , -- Lot NO NO Bit LAO NO NO NO NO NO NO NO NO 1 : :: ::� -:: ':: I : : 411 oil NO 4$ t�A r : Riit a Iiza3 ° $ NO NO a ">m ° NO , ', ..- ..• ... ` NO >• R° il�QR�� E x RE a NO X4JON. NO NO RONmNO 88aQNO NO NO NO NO Ot- �gg x �aLl ` .. : ., Jxx9q% it 8 b 8 3 • ON NO amr Anow 3� R o� .• .A. , r —z �n INN— _ i it JONI RLMSIaNS MENN/NGER/HOUSMAAW OR n m ARA AIW LOT i FERCUSnv AMnM we o�nonm+ ` FAVrar0 L& AWAY LS atom EASEMENT VACATION ­=—. ..4 EXHIBIT "B" VAC 07-2722 VACATION DESCRIPTION - STREET VACATION "B" (WEST AVENUEI A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED ONE ( 1 ) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE ( l), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE S89°59' 19"E 20.00 FEET TO A SET 1 /2" IRON REBAR WHICH IS 40.00 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE SOO°05' 12"W PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 50.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°59' 19"W 20.00 FEET TO A SET 1/2" IRON REBAR AT THE ORIGINAL SOUTHEAST CORNER OF SAID LOT ONE ( 1 ); THENCE N00°05'12"E 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1000.0 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION - ALLEY RIGHT-OF-WAY A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERED ONE ( 1 ) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHWEST CORNER OF LOT ONE ( 1 ), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1 /2" IRON REBAR; THENCE S15° 11 '02"E 51 .81 FEET TO A SET 1/2" IRON REBAR AT THE ORIGINAL SOUTHWEST CORNER OF SAID LOT ONE (1); THENCE N89°59' 19"W 31 .09 FEET TO A SET 1/2" IRON REBAR ON THE WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY RIGHT-OF-WAY; THENCE N15° 11 '02"W 51 .81 FEET ALONG THE WEST LINE OF SAID ALLEY RIGHT-OF-WAY TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE S89°59'19"E 31 .09 FEET TO THE POINT OF BEGINNING, CONTAINING 1554.3 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION - STREET VACATION "A" (SOUTH STREET) A PART OF SOUTH STREET (NOT CONSTRUCTED) LYING SOUTH OF BLOCK NUMBERED THIRTY-SIX (36) AND NORTH OF BLOCK NUMBERED TWENTY-TWO (22) AND EAST OF THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD (VACATED) IN FERGUSON'S ADDITON TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE ( 1 ), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1 /2" IRON REBAR; THENCE S89°59' 19"E 20.00 FEET TO A SET 1/2" IRON REBAR WHICH IS 40.00 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE N00°05' 12"E PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 32.50 FEET TO A SET 1 /2" IRON REBAR IN THE CENTER OF SAID SOUTH STREET; THENCE N89°59' 19"W 20.00 FEET ALONG THE CENTERLINE OF SAID SOUTH STREET TO A SET 1 /2" IRON REBAR; THENCE N00°05' 12"E 32.50 FEET TO A POINT ON THE SOUTH BOUNDARY OF BLOCK THIRTY-SIX (36) OF SAID FERGUSON'S ADDITION; THENCE N89°59' 19"W 158.51 FEET ALONG THE SOUTH LINE OF SAID BLOCK THIRTY-SIX (36) TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD (VACATED); THENCE LEAVING THE SOUTH LINE OF SAID BLOCK THIRTY-SIX (36), S15011102"E 67.36 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD TO A SET 1 /2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE S89°59'19"E 140.78 FEET TO THE POINT OF BEGINNING, CONTAINING 0.24 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 12/17/2007 11 :22:46 AM and recorded in Real Estate File Number 2007-0004581 Bette Stamps - Circuitle by O eD City of Fayetteville // i/(, 10 Staff Review Form 597A City Council Agenda Items /q or Y+'T 6 o7 o c:0 Contracts Mn n ) n5 r- 16-Oct-07 v City Council Meeting Date Jeremy Pate D\ Planning Operations Submitted By Division Department Action Required: VAC 07-2722: (Menninger, 523): Submitted by Alan Reid for property located at 301 South West Avenue. The request is to vacate three rights-of-way: the alley along the west side of the property, a portion of West Avenue along the east side of the property and the un-constructed extension of South Street on the north side of 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 Dep ent or Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in Ci Clerk's ffice 16 - i -o7 a4 u Finance d Internal Service Director Date / Received in Mayor's Office ERTERED 07 VALIL May / Date Comments: City Council Meeting of October 16, 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 27, 2007 Subject: Right-of-way Vacation for Menniger (VAC 07-2722) RECOMMENDATION The Planning Commission voted to amend and forward the subject Vacation request, VAC 07-2722 Menniger. A motion to forward passed with a vote of 7-2-0 (Commissioners Myers and Ostner voted `No'). Planning Staff recommended fowarding the requested vacation; however; with a different recommendation than that requested by the applicant and that forwarded by the Planning Commission. BACKGROUND This property is located on the west side of West Avenue at the intersection of South Street, Block 22 of Ferguson's Addition, and is adjacent to the City's Frisco Trail. There is an existing single-family structure located on the property. There is excess right-of- way along the property's West Avenue frontage, an un-built alley right-of-way along the west side of the property and the un-constructed extension of South Street adjacent to the north property line. These areas of right-of-way are proposed by the applicant to be vacated: ( 1 ) The West Avenue right-of-way is located on the west side of West Avenue in front of 301 West Avenue. This right-of-way is an approximately 20' wide and 50' long strip of un-constructed right-of-way adjacent to the existing West Avenue (see attached exhibit). (2) The South Street right-of-way is located on the north side of the property. This right-of-way is an approximately 65' wide and 140.78' long strip of un- constructed right-of-way. (3) The un-constructed right-of-way along the west property line was originally platted to be a 30' wide street. This street was never built and now adjoins a block of residences and the subject property. The right-of-way traverses from the southwest property line to the northwest property line (see attached exhibit). City Council Meeting of October 16, 2007 Agenda Item Number DISCUSSION The Planning Commission forwarded this item to the City Council after making amendments to the requested vacation request at the Planning Commission meeting of September 24, 2007. The Planning Commission agreed with staffs recommendation to vacate the West Avenue right-of-way in front of the subject property (described in ( 1 ) above). The Planning Commission did not agree with vacating only half of the South Street right-of-way as requested by the applicant (described in (2) above). Their recommendation was to either fully vacate the South Street right-of-way, or to retain the entire right-of-way. Additionally, they recommended that the alley between Frisco Trail and the subject property be vacated as requested by the applicant (described in (3) above). BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2722 SUBMITTED BY ALAN REID FOR PROPERTY LOCATED AT 301 SOUTH WEST AVENUE TO VACATE THREE RIGHTS-OF-WAY: THE ALLEY ALONG THE WEST SIDE OF THE PROPERTY, A PORTION OF WEST AVENUE ALONG THE EAST SIDE OF THE PROPERTY AND THE FULL WIDTH OF THE UN- CONSTRUCTED EXTENSION OF SOUTH STREET ON THE NORTH SIDE OF THE SUBJECT PROPERTY, A TOTAL OF 0.30 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 portions of platted right-of-way are 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 rights-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 . A 10' utility easement shall be provided along the west side of West Avenue for the length of the property. Page 2 Ord. 2. Relocation of existing utilities shall he at the owner/developer's expense including the possible need for utility easements. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer z. EXHIBIT wvxv - �I����a�� �8��6€R g ° � R 11 Id SID jP1 SPO ilk 733 DD i MIN . GR� kZ���i g �• t€ pP � . i� 6 6.WIRRI ILII a ' �+ � II� � , a-fill Yayls 8t8a 1 •.. .. ' ' C 1yRsxRR12€'JvBR� nn® W- -- x gill IRe9 Q R lig � IIIIio „ ■ ■ ■ � � f p . � s c : rtE`ns°ns M£NNING£R^0USMMA( B DATE DES 71M it / Vim[ \ Aw n WE m�,Mao+ „mom - for r rEl I& A Aaa■aw ..,,� inrErrcw.te, ,uacwsAs ae+m EASEMENT VACATION M M ld� to EXHIBIT "B" VAC 07-2722 VACATION DESCRIPTION - STREET VACATION "B" (WEST AVENUE) A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED ONE ( 1 ) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE ( 1 ), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE S89°59'19"E 20.00 FEET TO A SET 1/2" IRON REBAR WHICH IS 40.00 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE S00°05'12"W PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 50.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°59'19"W 20.00 FEET TO A SET 1/2" IRON REBAR AT THE ORIGINAL SOUTHEAST CORNER OF SAID LOT ONE ( 1); THENCE N00°05'12"E 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1000.0 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION - ALLEY RIGHT-OF-WAY A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERED ONE (1 ) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHWEST CORNER OF LOT ONE (1 ), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE S15° 11 '02"E 51 .81 FEET TO A SET 1 /2" IRON REBAR AT THE ORIGINAL SOUTHWEST CORNER OF SAID LOT ONE ( 1 ); THENCE N89°59'19"W 31 .09 FEET TO A SET 1/2" IRON REBAR ON THE WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY RIGHT-OF-WAY; THENCE N15°11 '02"W 51 .81 FEET ALONG THE WEST LINE OF SAID ALLEY RIGHT-OF-WAY TO A SET 1 /2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE S89'59'1 9"E 31 .09 FEET TO THE POINT OF BEGINNING, CONTAINING 1554.3 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION - STREET VACATION "A" (SOUTH STREET) ALL THAT PART OF SOUTH STREET (NOT CONSTRUCTED) LYING WEST OF WEST AVENUE AND EAST OF THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD (VACATED) IN FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE ( 1 ), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE S89°59'19"E 20.00 FEET TO A SET 1 /2" IRON REBAR WHICH IS 40.00 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE N00°05'12"E PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 65.00 FEET TO THE SOUTHEAST 77 CORNER OF BLOCK THIRTY-SIX (36) OF SAID FERGUSON'S ADDITION; THENCE N89059'19"W 178.51 FEET ALONG THE SOUTH LINE OF SAID BLOCK THIRTY-SIX (36) TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD (VACATED); THENCE LEAVING THE SOUTH LINE OF SAID BLOCK THIRTY-SIX (36), SI 5008958"E 67.36 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD TO A SET 1 /2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SAID SOUTH STREET; THENCE S89°59' 19"E 140.78 FEET TO THE POINT OF BEGINNING, CONTAINING 0.25 ACRES, MORE OR LESS.