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.