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Home My WebLink AboutOrdinance 5092 ORDINANCE NO. 5092 AN ORDINANCE APPROVING VAC 07-2804 SUBMITTED BY CITY OF FAYETTEVILLE FOR PROPERTY LOCATED EAST OF LEVERETT AVENUNE, SOUTH OF ROBINSON APARTMENTS AND NORTH OF LEVERETT TOWNHOMES TO VACATE A PORTION OF AN UNUSED RIGHT-OF-WAY AND CREATE A GENERAL UTILITY EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF 99802. 11 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 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. I . The subject 20-foot wide un-constructed right-of-way shall be dedicated as a general utility easement, excluding the existing structures in the Robinson Apartment complex. Page 2 Ord. 5092 . anm�4�I Roo . PASSED and APPROVED this 18th day of December, 2007. of sip APPRO D: 4401 ATTEST: 1 LVILLE ; 7C,t By. ( By �/ % /IGu.F/ ` '`�,,;, TON p�• DAN COODY, Mayor SONDRA E. SMITH, CityClerk/I reasurer �r� a k , \ I .y EXHIBIT `B" VAC 07-2804 A PART OF BLOCKS 25 AND 26 EVIN'S FARM SUBDIVISION AS FILED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS: THE CENTERLINE OF A TWENTY (20) WIDE STREET RIGHT-OF-WAY, TEN (10) FOOT EITHER SIDE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST (NW) QUARTER OF THE NORTHEAST (NE) QUARTER OF THE NORTHWEST QUARTER (NW) SECTION NINE (9), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, SAID POINT OF BEGINNING ALSO BEING THE SOUTHWEST (SW) CORNER OF SAID BLOCK TWENTY-FIVE (25); THENCE ALONG THE SOUTH LINE OF SAID BLOCK TWENTY-FIVE (25) SOUTH 86034'39" EAST 490. 11 FEET. LESS AND EXCEPT: ANY AND ALL AREAS WITHIN THE EXISTING LEVERETT AVENUE RIGHT-OF -WAY. 6oeP City of Fayetteville / L/taloI Staff Review Form �5 6 City Council Agenda Items or V Contracts U 4 ,CAYdie V, A 18-Dec-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2804: (The City of Fayetteville, 405): Submitted by The City of Fayetteville for property located east of Leverett Avenue, south of Robinson Apartments and north of Leverett Townhomes. The request is to vacate 9,802. 11 square feet of an unused right-of-way and dedicate in its place a general utility easement on the subject property. $0.00 n/a n/a Cost of this request CategorytProject Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project ategory Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached O� Previous Ordinance or Resolution # n/a Dep` ment birector Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in City Clerk's Office Po , ,9C'% - 3b --s ) Finance and Internal Service Director Date Received in Mayor's Office u r .3D o7 Mayor Date Comments: City Council Meeting of December 18, 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: November 29, 2007 Subject: Easement Vacation for City of Fayetteville (VAC 07-2804) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating 9,802. 11 square feet of the unused 20-foot road right-of-way that is located on the subject property. BACKGROUND The property is located within a 20-foot wide east-west strip of unconstructed right-of- way east of Leverett Avenue, south of Robinson Apartments and north of Leverett Townhomes. While researching properties for land acquisition to accommodate Scull Creek Trail, a designated trail on the City of Fayetteville Trails Master Plan, the City discovered an unused 20-foot road right-of-way. This right-of-way does not currently have a road or public access and there are no plans to use the right-of-way in the future. Overhead utilities are located within the right-of-way, as are portions of two buildings in the Robinson Apartment complex. During the process of discussing Scull Creek Trail and the need for a portion of property from Robinson apartments for the trail, the property owner requested the right-of-way vacation as a land trade for the property along Scull Creek for the trail. The applicant requests to vacate the 20-foot wide road right-of-way east of Leverett Avenue between the Robinson Apartments and north of Leverett Townhomes as indicated on the submitted site plan (9,802. 11 square feet). As part of the vacation the applicant proposes to dedicate the vacated area, excluding the existing structures, as a general utility easement, as requested by utility companies. DISCUSSION The applicant submitted the required notification forms to the utility companies and City of Fayetteville with no objection. This item was heard at the regular Planning Commission meeting on November 26, 2007 and forwarded by vote of 9-0-0 on the consent agenda to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2804 SUBMITTED BY CITY OF FAYETTEVILLE FOR PROPERTY LOCATED EAST OF LEVERETT AVENUNE, SOUTH OF ROBINSON APARTMENTS AND NORTH OF LEVERETT TOWNHOMES TO VACATE A PORTION OF AN UNUSED RIGHT-OF-WAY AND CREATE A GENERAL UTILITY EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF 9,802. 11 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 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. I . The subject 20-foot wide un-constructed right-of-way shall be dedicated as a general utility easement, excluding the existing structures in the Robinson Apartment complex. EXHIBIT '"'Awy • e .) APPROX. EXHi 101 GROUP. Lm 9- 16-30 SW CORNER SLK 25 EM'S FARM i s E - f VACATED • • REPLACED EXHIBIT `B" VAC 07-2804 A PART OF BLOCKS 25 AND 26 EVIN ' S FARM SUBDIVISION AS FILED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS: THE CENTERLINE OF A TWENTY (20) WIDE STREET RIGHT-OF-WAY, TEN ( 10) FOOT EITHER SIDE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST (NW) QUARTER OF THE NORTHEAST (NE) QUARTER OF THE NORTHWEST QUARTER (NW) SECTION NINE (9), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, SAID POINT OF BEGINNING ALSO BEING THE SOUTHWEST (SW) CORNER OF SAID BLOCK TWENTY-FIVE (25); THENCE ALONG THE SOUTH LINE OF SAID BLOCK TWENTY-FIVE (25) SOUTH 86034939" EAST 490. 11 FEET. LESS AND EXCEPT: ANY AND ALL AREAS WITHIN THE EXISTING LEVERETT AVENUE RIGHT-OF -WAY. • Tave eV le PC Meeting of November 26, 2007 d 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: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Updated November 29. 200 7 VAC 07-2804: (CITY OF FAYETTEVILLE, 405): Submitted by CITY OF FAYETTEVILLE for property located at E OF LEVERETT AVE., S OF ROBINSON APTS.AND N OF LEVERETT TOWNHOMES. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE. The request is to vacate a portion of an unused right-of-way and create a general utility easement and trail on the subject property. Property Owner: City of Fayetteville Planner: Andrew Garner Background/Property: The property is located within a 20-foot wide east-west strip of unconstructed right-of-way east of Leverett Avenue south of Robinson Apartments and north of Leverett Townhomes. While researching properties for land acquisition to accommodate Scull Creek Trail, a designated trail on the City of Fayetteville Trails Master Plan, the City discovered an unused 20-foot road right-of-way. This right-of-way does not currently have a road or public access and there are no plans to use the right-of- way in the future. Overhead utilities are located within the right-of-way, as are portions of two buildings in the Robinson Apartment complex. During the process of discussing Scull Creek Trail and the need for a portion of property from Robinson apartments for the trail, the property owner requested the right-0f-way vacation as a land trade for the property along Scull Creek for the trail. Surrounding Zoning and Use: Direction from Site Land Use Zoning North, South, East, West Multi-family residential RMF-24; RMF-40 Request: The applicant requests to vacate the 20-foot wide road right-of-way east of Leverett Avenue between the Robinson Apartments and north of Leverett Townhomes as indicated on the submitted site plan (9,802. 11 square feet). As part of the vacation the applicant proposes to dedicate the vacated area, excluding the existing structures, as a general utility easement, as requested by utility companies. The required notification forms were submitted to the utility companies and the City with the following responses. K:\Reports\2007NC Repons\I 1-26-07\VAC 07-2800 (Cityoffayettmile).doc UTILITY COMPANY: RESPONSE AEP/SWEPCO No Objections; provided a utility easement to be provided along the right-of-way. Cox Communications No Objections. AT&T No Objections; provided the entire area to be vacated will be granted as a general utility easement. Ozarks Electric No Objections. Arkansas Western Gas No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Engineering No Objections. Transportation No Objections. Solid Waste and Recycling No Objections. Findings: Staff finds that vacating the requested right-of-way would not adversely affect access or provision of utilities on this or any other adjacent property, provided that the vacated area be dedicated as a general utility easement, excluding the existing buildings. Public Comment: Staff has not received public opposition to this vacation request. Recommendation: Staff recommends forwarding this request to the City Council with a recommendation of approval to vacate the utility easement VAC 07-2832 with the following condition of approval: 1 . The subject 20-foot wide un-constructed right-of-way shall be dedicated as a general utility easement, excluding the existing structures in the Robinson Apartment complex. K:\RWrts\2007\PC Repoes111-26-0'AVAC 07-2804 (Cigoffayetteville)Am PLANNING COMMISSION ACTION: _Required Recommendation to be: X Forwarded for approval ❑ Denied ❑ Tabled Motion: Graves Second Ostner Vote: 7-0-1 (Lack recused) Date: November 26, 2007 Comments: Forwarded on consent aeenda. 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 KAeports12007PC Reporls\1 1-26-nVAC 07-2804 (CityofFayetteville).doc