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HomeMy WebLinkAboutOrdinance 5276 Doc ID : 013099170004 Type : REL Kind : ORDINANCE Recorded : 10/05/2009 at 06 : 46 : 09 AM Fee Amt : 530 . 00 Pao0 1 of 4 Washinoton Countv . AR Bette Stews Circuit Clerk File 2009-00031835 ORDINANCE NO. 5276 AN ORDINANCE APPROVING VAC 09-3399 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT 303 SOUTH WEST AVENUE TO VACATE A PORTION OF THE WEST AVENUE RIGHT-OF-WAY AND AN UN-CONSTRUCTED 30' STREET RIGHT-OF-WAY ON THE SUBJECT PROPERTY 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 rights-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 rights-of-way as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A (attached) 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: I . A Master Street Plan amendment for S. West Avenue shall be approved by the City Council. 2. Relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility easements. Page 2 Ordinance No. 5276 PASSED and APPROVED this 15`h day of September, 2009. �.% ox 0 Osseo SG ; FAYETTEVILLE ; APPROVED: ATTEST: — • •� YC �J N c° B I B �lR�'� 9 -'-,"I G ' uN11 Y Y� IO ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT NOW i NEW MEN Em 11. om ne o ? a o rMIT6 . • OA y � Z � m qO Elm. IT -` Z �TIN O > Cp Z .1 . , Yi i ' n 0 OMEN Ao mr4 =41 / 1,011 x ME IT an ` .. , •fir{ � 9 / - 11 Y •<' �I . o :1 N, MITI ... y Elm MENy IA 10 p ° >A i''a ` 8 �n ^mkq � a8z y3 C '> Sm HIT ME j IIJ mzOxis - 3Z a _ . om !„ ipx ,� & yA > b .n+ > Am cz � I z � i z I mr �i 88 g . [y " m "!y �+ x . m O I _ Uj /\ ( ,a -E N IOCME WHIM NI08my ° my"5pyyo " o Vd- oom Elm P. lMM �I lyJ yq� 120 a KSS M ;g 5 H A yy (J PEI go .•, • . . Ct IN Fga N,,N `ss� a ti €€ ,,.....d. _ o : �R - - - - - - 1- - F ioi dy,y2 n g O kky77NO ME : q PJJ^ �.. ME et, IF do No 'Pill vvyn 9 � a 0 NeUeOAND�R[R NEWLIN REALTY ' Bates LE S RAY HARRIS •�� /7 - -S.So.IBtes.Inc. • FOUM im KWAVCA.mn Z A Auo.ev y CE 505 S. WEST AYd. W[al}�Yp & 18.111urr 9 m .OJNOim.mu TAYdTTSY/LLd. Ad NSAS Omfm..afeuf rpy e.+.n..wr..b�em.mY.e.lYma,. ® Afu umu ® IR t 1 DAM: 06 08 I S : 1•.80• trwunfRxc Cw.xw 0fumnYffMu b tOCAIKM: AA,Cf[R d1I11FP, ml..aw Y. • .r .rx.l`Y. AOnfuRel ¢WxUARvu 41, t0i 3 ^`x..ri. �r~i.n�.•w•+rr•�r Ne Me,sUeury 6IX}t ]l .w r �•.��\.wrro...s" .�nyYr Cf LWOFXO.O _______ XbG)U .WAY Yoanox ..`+..�..•'�:.`ter_...: - :—rIN __ - - ' nux f r.. •r.�.wwrx+rpw.r, _._ _ woce - nre.INe EXHIBIT "B" VAC 09-3399 PROPOSED WEST AVENUE RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWENTY TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89051 '44"E 19.95' TO A FOUND IRON PIN, THENCE S00005'49"W 49.97', THENCE N89057'45 "W 19.85' TO THE SOTUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N0000549"W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. PROPOSED 30' ALLEY VACATION : A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERED TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 S15012'41 "E 51 .79' TO THE SOUTHWEST CORNER OF SAID LOT 22 THENCE LEAVING SAID WEST LINE N89057'45 "W 31 .09' TO THE WEST SIDE ALLEY, THENCE ALONG SAID WEST LINE N15012'41 "W 51 .72' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST LINE N89054'50'E 31 .08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. J City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/15/2009 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: VAC 09-3399: (Harris, 523): Submitted by Bates and Associates for property located at 303 S. West Avenue. The property is zoned DG, Downtown General and contains approximately 0. 10 acres. The request is to vacate a portion of the West Avenue right-of-way and an un-constructed 30' street right-of-way. t $ 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 ► I _ Previous Ordinance or Resolution # Dep� Dir or Date Original Contract Date: IQ,M C, Original Contract Number: City Attorney Date �— �Pa . 9, 8 . 23- 2e,7 Qf►)p� Finance and Internal Services Director Date Received in City � Clerk's Office I C f of St Date [:ReGelved in yofOffice — i vg ay r Date Comments: I 1 Revised January 15, 2009 I City Council Meeting of September 15, 2009 Agenda Item Number I CITY COUNCIL AGENDA MEMO To: Mayor and City Council ��pp Thru: Jeremy C. Pate, Director of Development Services O` From: Jesse Fulcher, Current Planner Date: August 27, 2009 Subject: Vacation for Harris at 303 S. West Avenue (VAC 09-3399) RECOMMENDATION Staff and the Planning Commission recommend approval of vacating a portion of the S. West Avenue right-of-way and an un-constructed 30' right-of-way. i BACKGROUND The subject property is located on the west side of West Avenue at 303 S. West Avenue. There is an existing single-family structure located on the property. There is excess right-of-way along the property's West Avenue frontage and an un-built 30' street right- of-way along the west side of the property. The applicant's request is to vacate an approximately 20' wide and 50' long strip of un- constructed right-of-way adjacent to the existing West Avenue, and an un-constructed 30' right-of-way along the west side of the property. DISCUSSION This item was heard at the regular Planning Commission meeting on August 24, 2009. The Planning Commission voted 9-0-0 on the consent agenda to forward this vacation request to the City Council with a recommendation of approval. 4 BUDGETIMPACT II None. I I ORDINANCE NO, AN ORDINANCE APPROVING VAC 09-3399 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT 303 SOUTI I WEST AVENUE TO VACATE, A PORTION OF THE WEST AVENUE RIGHT-OF-WAY AND AN UN- CONSTRUCTED 30' STREET RIGHT-OF-WAY ON THE SUBJECT PROPERTY 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 rights-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 rights-of-way as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A (attached) 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 follow. I . A Master Street Plan amendment for S. West Avenue shall be approved by the City Council. it i 2. Relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility easements. i Page 2 Ord. PASSED and APPROVED this day of 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer I i i I I� EXHIBIT "A" 3 lb r • I Jy \t Z ] < � f OzU ynyo > iC C vYrn O ASxn _ ° Y0a l° 3y x =a2 4. E- z7 o p <� ^ Wiz ". ? 0 ;' °y � • m ! o gg 11:: yy � ' A `zi # �O ' Kofi >= op za \ nN � SZ =2 oN s g 5 �ir4a0 o ° g X61 ionS<' To „s"o v ;irv• . , rr 91 . R.,Y $� £x3 = 54 3xn, ge'F Cn. . ptx A.,: v •'. I ,:n. 3 ^ pol l Ali l > : y m RveroR pa ' 0 e R)0.16EANOppNC3Rw: NF.h9.INRR.AI.TY Bates LF i : RAYHARRIS x z •p°,r r/+� rociates.inc- • ^••w =•u�• � s ] S WEST AVE. <NIEIq r,4 $• tlXx/M a r £AYHTT£YIU£ R"NSA5 .rte, O 'I w m.m b 4 IO, M+. SLrKRO. M •� bttr ll i MWE EXHIBIT "B" VAC 09-3399 PROPOSED WEST AVENUE RIGHT-OF-WAY VACATION: A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT TWO (2) IN BLOCK TWETNY (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE. IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY', ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT FOUND IRON MARKING THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE S89051 '44"E 19.95' TO A FOUND IRON PIN, THENCE S00005'49"W 49.97', THENCE N89057'45 "W 19.85' TO THE SOTUHEAST CORNER OF SAID LOT 2, THENCE ALONG THE EAST LINE OF SAID LOT 2 N00000'5411W 50.00' TO THE POINT OF BEGINNING. CONTAINING 0.02 ACRES, MORE OR LESS. I PROPOSED 30' ALLEY VACATION : A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERD TWO (2) IN BLOCK TWENTY-TWO (22) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A FOUND IRON PIN MARKING THE NORTHWEST CORNER OF LOT 2 AND RUNNING THENCE ALONG THE WEST LINE OF SAID LOT 2 S15012'41 "E 51 .79' TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE LEAVING SAID WEST LINE N89057'45"W 31 .09' TO THE WEST SIDE ALLEY , THENCE ALONG SAID WEST LINE N15012'41 "W 51 .72' TO A FOUND IRON PIN , THENCE LEAVING SAID WEST LINE N89054'50'E 31 .08' TO THE POINT OF BEGINNING. CONTAINING 0.04 ACRES, MORE OR LESS. r �I I i ,. f ■ so• I ■ I i I T aye evl e PC Meeting of August 24, 2009 ARKANSAS THE CITY OF PAYETTEVILLE , 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: magus" 9-, 2809 Updated August 27, 2009 i VAC 09-3399: (HARRIS / 303 S. WEST AVENUE, 523): Submitted by BATES & ASSOCIATES for property located at 303 S. WEST AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0. 10 acres. The request is to vacate a portion of the West Avenue right-of--way and a 30' alley right-of-way. � Planner: Jesse Fulcher Findings: Property Description and Background: This property is located on the west side of West Avenue at 303 S. West Avenue. There is an existing single-family structure located on the property. There is excess right-of-way along the property's West Avenue frontage and an un-built street right-of-way along the west side of the property. These areas of right-of-way are proposed to be vacated. Request: ( 1 ) The West Avenue right-of-way is located on the west side of West Avenue in front of 303 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 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). These areas are not anticipated to be needed by the City for transportation purposes because: (1 ) Two other sections of the West Avenue have been reduced from 60' to 40' ; however, the current Master Plan Plan, which was adopted after the previous vacations, designates West Avenue as a 45' right-of-way (ST-45); and (2) the southern 178' of right-of-way, which provides the connection to Prairie Street, was vacated by Ordinance No. 5017, and the northern 51 ' was vacated by Ordinance No. 5072. i, The applicant has submitted the required notification forms to the utility companies and to the j City with the result summarized below. UTILITIES RESPONSE j Ozarks Electric No Objections t KAReports\2009\PC Reports\I9-August 24\VAC 09-3399 (Harris-303 West Avenue).doc