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Home My WebLink AboutOrdinance 5194 DocID: 012512340003 Tvoe . REL Recorded : 12/09/2008 at 11 : 42 : 59 AM Fee Amt : $25 . 00 Pace 1 of 3 Washlnoton Countv . AR Bette Stamps Circuit Clerk Fi1e200840038554 ORDINANCE NO, 5194 AN ORDINANCE APPROVING VAC 08-3110 SUBMITTED BY MORRISON-SHIPLEY ENGINEERS, INC. FOR PROPERTY LOCATED AT 3351 W WEDINGTON DRIVE TO VACATE UNCONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 0.29 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described right-of-way: See Exhibit `B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . Any relocation or damage to existing facilities shall be at the owner/developers expense. PASSED and APPROVED this 6's day of November, 2008. Ua •• �\T Y OF • Gp APPROVED: TTEST: eFAYETTEVILLE ; 9y Q/�Fl N`��Jam'• By. DAN COODY, Mayor y141DX ih' l$D�1{�YYU,R4tyTi1�rlc//d�N¢drkf 6 Deputy City Clerk EXHIBIT "A" Tract D Of The Lot Split Filed For Record October 29, 1996, Document # 9bObb085 loo O 100 Scale in Feet NEDINGTON DRIVE S 9 °O 'I T 'E 25.00 ti u 25 ' Right-Of-way Vacation Request e m n O O � 0 0 e o o a o° °o < g _ m cn to ul -A 6 ' i s `e 589 °20'01 "E 25.00' f 3 F 1 MORRISON SHIPLEY RIGHT-OF-WAY VACA77ON EXHIBIT . ENGINEERS SURVEYORS n�d� www E 2107M�^ ^ � • °^^ , ° 7"11 ^°°^�°° ^ ^ Fayetteville, Washington County, Arkansas wa�� EXHIBIT "B" VAC 08-3110 TRACT D OF THE LOT SPLIT FILED FOR RECORD OCTOBER 29, 1996, DOCUMENT # 96068085 BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 1 /4) OF THE SOUTHWEST QUARTER (SW 1 /4) OF SECTION SEVEN (7), IN TOWNSHIP 16 NORTH, OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHICH IS NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, A DISTANCE OF 779.80 FEET AND NORTH 89 DEGREES 20 MINUTES 01 SECONDS WEST, A DISTANCE OF 261 .05 FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRES TRACT; THENCE NORTH 89 DEGREES 20 MINUTES 01 SECONDS WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, A DISTANCE OF 505 .74 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 17 SECONDS EAST, AS DISTANCE OF 25 .00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 00 SECONDS EAST, A DISTANCE OF 505 .64 FEET TO THE POINT OF BEGINNING. CONTAINING 12642.23 SQUARE FEET OR 0.29 ACRES, MORE OR LESS . Washington County, AR I certify this instrument was filed on 12/09/2008 11 :42:59 AM and recorded in Real Estate File Number 2008-0003855 Bette Stamps - Circuit le by City of Fayetteville Staff Review Form City Council Agenda Items / and W e Contracts, Leases or Agreements /71/ 9I ( R7! J/ 11/4/2008 City Council Meeting Date Agenda Items Only Jeremy Pate �` Planning Operations Submitted By Division Department Action Required: VAC 08-3110: (FOREST HILLS PZD, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3351 WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains approximately 0.29 acres. The request is to vacate unconstructed R-O-W. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number. City Attorney Date Received in City L pp n Clerk's Office Ynu9 Q _ td .. Irl - :o - op Finance and Internal Service Director Date Received in v 4 &&Ozi Mayors Office Mayor Date Comments: Revised April 16, 2007 City Council Meeting of November 04, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary pumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: October 14, 2008 Subject: Right-of-way Vacation for Forest Hills PZD (VAC 08-3110) RECOMMENDATION Staff recommends approval of an ordinance vacating unconstructed right-of-way on the subject property. BACKGROUND The subject property is located south of the intersection of Wedington Drive and Salem Road. The 0.29-acre right-of-way is part of an approximately 82.39-acre property that was rezoned to R-PZD 07-2793 Forest Hills by the City Council on June 03, 2008. The subject 25 ' right-of-way is located at the northeast comer of the overall Forest Hills development and was dedicated in 1996 when the Fayetteville Planning Commission approved a lot split of property that now contains Thetford Photography. The right-of- way was dedicated to provide access to the rear parcel and to allow connectivity to undeveloped property to the south. The subject right-of-way is surrounded by the Forest Hills development and is requested to be vacated to allow new development, which will include public street construction and connectivity between developments. DISCUSSION Notification was provided to all a e utility representatives and to the City with no objections to the requeste wer Basemen va ation. This item was heard at the regular Planning Commission meet 2008 and forwarded by vote of 6-0- 1 on the consent agenda to recommend this vacation request to the City Council. Staff recommends the following conditions of approval with the vacation: 1 . Any relocation or damage to existing facilities shall be at the owner/developers expense. BUDGET IMPACT None. , �/ ORDINANCE NO. AN ORDINANCE APPROVING VAC 08-3110 SUBMITTED BY MORRISON-SHIPLEY ENGINEERS, INC. FOR PROPERTY LOCATED AT 3351 W WEDINGTON DRIVE TO VACATE UNCONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 0.29 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54404 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 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 . Any relocation or damage to existing facilities shall beat the owner/developers expense. Page 2 Ord. PASSED and APPROVED this day of , 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City C(erk/Treasurer EXHIBIT .. .. Tract D Of The Lot 5plit Filed For Record October 29, 1996, Document # 96068085 loo o 100 Scale in Feet HEDINOTON DRIVE 589 °O I 'E 25.00 tJ U 25 ' Right-Of-Hay Vacation Re uest 6 � � f � z � � O O O o a F X to N N b I i R L i 589 °20'Ol "E 25.00' `s T W�.B+ MORRISONSHIPLEY RIGHT-OF-WAY VACATION EXHIBIT z lei 24 ENGINEERS SURVEYORS Mr9 R Fayetteville, Washington County, Arkansas , EXHIBIT `B" VAC 08-3110 TRACT D OF THE LOT SPLIT FILED FOR RECORD OCTOBER 29, 1996, DOCUMENT # 96068085 BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW %4 ) OF THE SOUTHWEST QUARTER (SW Y4) OF SECTION SEVEN (7), IN TOWNSHIP 16 NORTH, OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, A DISTANCE OF 779.80 FEET AND NORTH 89 DEGREES 20 MINUTES O1 SECONDS WEST, A DISTANCE OF 261 .05 FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRES TRACT; THENCE NORTH 89 DEGREES 20 MINUTES 01 SECONDS WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, A DISTANCE OF 505.74 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 17 SECONDS EAST, AS DISTANCE OF 25.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 00 SECONDS EAST, A DISTANCE OF 505.64 FEET TO THE POINT OF BEGINNING. CONTAINING 12642.23 SQUARE FEET OR 0.29 ACRES, MORE OR LESS. Faye �w Y 1PC Meeting of October 13 , 2008 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: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Aetebe•• ' , Updated October 14, 2008 VAC 08-3110: (FOREST HILLS R-PZD, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3351 WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains approximately 0.29 acres. The request is to vacate unconstructed R-O-W. Planner: Jesse Fulcher Findings: Property Description: The subject property is located south of the intersection of Wedington Drive and Salem Road. The 0.29-acre right-of-way is part of an approximately 82.39-acre property that was rezoned to R-PZD 07-2793 Forest Hills by the City Council on June 03, 2008 . As part of the large scale development plan submitted for Wal-Mart Neighborhood Market, the applicants have submitted three vacation requests and a property line adjustment. The subject 25 ' right-of-way is located at the northeast corner of the overall Forest Hills development and was dedicated in 1996 when the Fayetteville Planning Commission approved a lot split of property that now contains Thetford Photography. The right-of- way was dedicated to provide access to the rear parcel and to allow connectivity to undeveloped property io the south. The subject right-of-way is surrounded by the Forest Hills development and is requested to be vacated to allow new development, which will include public street construction and connectivity between developments. Request: The applicant is requesting to vacate the existing 25 ' right-of-way. The applicant has submitted the required notification forms to the utility companies and to the City with the results sununarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections K:\Reports\2008\PC Reports\19-0ctober 13\VAC 08-3110 (Forest Hills PZD_ROW).doc 1 Southwestern Electric Power Company No Objection. Arkansas Western Gas No Objections AT&T Arkansas No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: Staff has not received public comment. Recommendation: Staff recommends forwarding VAC 08-3110 to the City Council with a recommendation of approval with the following conditions: 1 . Any relocation or damage to existing facilities shall be at the owner/developers expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: J Forwarded O Denied O Tabled Date: October 13, 2008 Motion: Lack Second: Graves Vote: 6-0-1 (Trumbo recused) KARcpor1s\2008\PC Reports\19-October 13\VAC 08-3110 (Forest Hills PZD_ROW).doc .I MORRISON SHIPLEY ENGINEERS • SURVEYORS September 4, 2008 City of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Attn: Jeremy Pate Re: Right-of-Way Vacation Request Forest Hills Development Dear Jeremy, On behalf of the property owner, Forest Hills Partners, LLC, we respectfully request to vacate a 25' strip of right-of-way located between Thetford Photography and Farm Bureau tracts. The strip of right-of-way was deeded to the City of Fayetteville in 1996 when the property was split into four tracts. It appears the right-of-way was required to provide access to the southern tract, Tract B. which did not have street frontage. Forest Hills Partners, LLC is proposing to provide access into the development by extending Salem Street as shown on the lot line adjustment plat and public improvement plans. Therefore, the access will no longer be needed. According to the vacation application we are to send out a public notice to all owners adjacent to the right-of-way to be vacated. The only properties adjacent to the right-of-way are owned by Forest Hills Partners, LLC and The City of Fayetteville. After talking with Jan Gamble, we were told that surrounding owners notifications do not need to be dispersed since the vacation is located internally in the property. If at all possible, we would like to keep the vacation request on the same schedule as the lot line adjustment, large scale development plans, and public improvement plans which are being submitting concurrently. If you have any questions or need additional information, please do not hesitate to contact me at (479)273-2209. Sincerely, Morrison-Shipley Engineers, Inc Feather M. Robason,IP.E— Project Manger 2407 S. E . Cottonwood Street Bentonville, AR • 72712 479.273 . 2209 • Fax 479. 273 . 2553 morrisonshipley. com