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HomeMy WebLinkAboutORDINANCE 5846113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5846 File Number: 2016-0030 Doc ID: 016730030005 Type: REL Kind: ORDINANCE Recorded: 02/19/2016 at 01:41:21 PM Fee Amt: $35.00 Page 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00004222 VAC 15-5277 (327 S. WEST AVE./HABITAT FOR HUMANITY, WASHINGTON COUNTY): AN ORDINANCE TO APPROVE VAC 15-5277 SUBMITTED BY SPECIALIZED REAL ESTATE, INC. FOR PROPERTY LOCATED AT 327 SOUTH WEST AVENUE TO VACATE PORTIONS OF STREET AND ALLEY RIGHTS -OF -WAY 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 street and alley 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 portions of street and alley rights -of -way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. Any costs associated with relocation of or damage to utilities and new easement Page 1 Printed on 213116 File Number: 2016-0030 Ordinance 5846 dedication shall be at the owner/developer's expense. 3. A new survey and legal description showing the Master Street Plan ROW at 21.5 feet from centerline of West Avenue is included as Exhibits A & B attached to the Planning Department's memo. PASSED and APPROVED on 2/2/2016 Attest: Sondra E. Smith, City Clerk Treasurer ,M�i►tti�fiN�w�,►y�r FAYETfEVILLE: ��,1d,,,,G I OtN %p Page 2 Printed on 213116 IN JULYITiD FIIilD \P(NIN: JULI'rl,y!1 —S OF II—U ARx1N5AS mill uNr'. Nf)A11 I zowr NADd I. 1lr.PCAF3JCr:D L'Nf-VTN 2RVRDI\'ISION PLiTTILVD IN PL1T Ot%)N JAT D,IGU'aD SF.'TURF!SHOUTS nNTHISPL1T AdT UR SNMIN OVT (11 .Y_\I.Ii ClN CI.IRIT1' DLVElJSI1lNS ON THI51'lAT lkli ::'11 N_UFy IN TY l AND , F N(N L PAR I\1'Hfxfr4) I ND.IT K)INI A\1'ISr NDIT0. NONVTIrN]S \YTArf )VND.IT POINn \\'HL'RLINDIG1TIiU RYORAPHIC PL0MNG ONLY, N() PGRTR)N OFTHIS PROPCRIYIS IN zU %P.LYOR LINWPANr,LN ). INSVMNCIiMTIi A11P, CY)NNLINRY PANPL N(1. OSIJ!1 IWIMA DICHRI_LNA SPXL%L'll\'Ii DATNOF Ili/1M1/'_IRIS,IND IS NO'1 IN:L RPCCLiLFLlIl1U HA[,1ND Anr.1 zONISDAS: D.G LLUIIDINGSrtS: PROM'-2511'. OVIIDTI) zUNli, SIDI;IDIi -NGNIi,RI1N - iFT. EXHIBIT 'A' 15-5277 RIGHT-OF-WAY VACATION ,.M Y, Rder PAS. HZ! fwb' a-RNar N E Camn lo[J. &ack Yl 1 5 15 I 5 I l lo- 1 I 5 RDL I P�no. 5 wawl..�a .«+ns Lasa�erz+ r 1 1 ��� 5 1r An,,,er;urrwxFkwrn veml� wo , P.PJAWas 0.15 Acres * I IG*R+ N, f I 1 + Ywa�AwS I A'ni4tilP�}lP_eT 1411N'.Y_'3_ TWQtt'1\I rlA.DPa IMI-I;SA lNRLNR rm:xss. AL IVIrr+nxwnxvsaumnoN•IUTNe Cray OF T. SPMLS'IDY,.NK.WS15,A5:ERPLITON F0.F. [DUNT1: P!'YSIMiliiirF[IFSIlF4T�CAVPLLPyUI r:T.MP1fXPR1iI'+1aDP1LGS 11,9a11gekIT4Ci nFl.ua+aA:w.1>aFT c>tnnr Plx'mn,•xT4atana Dsn�sclrmu:tPre2culaTRUFs}7f.T'ION Ic. 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EXHIBIT 'B' 15-5277 VACATION AREA 1 A PART OF LOT NUMBERED THREE (3) IN BLOCK TWENTY-TWO (22) IN 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 AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02041'01"W 60.00' AND N87034'22"W 65.44' FROM THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S13000'26"E 61.21' TO A SET IRON PIN, THENCE N87°34'22"W 29.81' TO A SET IRON PIN, THENCE N13045'26"W 61.43' TO A SET IRON PIN,THENCE S87°34'22"E 30.64' TO THE POINT OF BEGINNING. CONTAINING 0.041 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. RIGHT OF WAY TO BE VACATED 2 A PART OF LOT NUMBERED THREE (3) IN BLOCK TWENTY-TWO (22) IN 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 AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02041'01 "W 60.00' FROM THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S87°34'22"E 20.07' TO A SET IRON PIN, THENCE S02°31'31 "W 59.00' TO A SET IRON PIN, THENCE N87°34'16"W 20.23' TO A SET IRON PIN, THENCE N02041'01 "E 59.00' TO THE POINT OF BEGINNING. CONTAINING 0.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. ADJUSTED LOT 3, BLOCK 22 A PART OF LOT NUMBERED THREE (3) IN BLOCK TWENTY-TWO (22) IN FERGIJSON'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 AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02041'01 "W 60.00' FROM THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S87°34'22'E 20.07' TO A SET IRON PIN, THENCE S02°31'31 "W 59.00' TO A SET IRON PIN, THENCE N87°34'22"W 98.92' TO A SET IRON PIN, N13045'26"W 61.43' TO A SET IRON PIN, THENCE S87°34'22 E 96.08' TO THE POINT OF BEGINNING. CONTAINING 0.15 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. PREVIOUS LOT 3, BLOCK 22 A PART OF LOT NUMBERED THREE (3) IN BLOCK TWENTY-TWO (22) IN 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 AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02041'01 "W 60.00' FROM THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S02°41'01 "W 59.00' TO SET IRON PIN, THENCE N87°34'22"W 48.88' TO A SET IRON PIN, THENCE N13°00'26"W 61.21' TO A SET IRON PIN, THENCE S87°34'22"E 65.44' TO THE POINT OF BEGINNING. CONTAINING 0.077 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. Washington County, AR I certify this instrument was filed on 02/19/2016 01:41:21 PM and recorded in eat Estate File Number 16- 0 4222 Kyle Sylvest - it I r 1 by �, City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 i t (479) 575-8323 Text File File Number: 2016-0030 Agenda Date: 2/2/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 VAC 15-5277 (327 S. WEST AVE./HABITAT FOR HUMANITY, WASHINGTON COUNTY): AN ORDINANCE TO APPROVE VAC 15-5277 SUBMITTED BY SPECIALIZED REAL ESTATE, INC. FOR PROPERTY LOCATED AT 327 SOUTH WEST AVENUE TO VACATE PORTIONS OF STREET AND ALLEY RIGHTS -OF -WAY 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 street and alley 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 portions of street and alley rights -of -way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. 3. A new survey and legal description showing the Master Street Plan ROW at 21.5 feet from centerline of West Avenue is included as Exhibits A & B attached to the Planning Department's memo. City of Fayetteville, Arkansas Page 1 Printed on 21312016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form Legistar File ID 2/2/ 016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/15/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 15-5277: Vacation (327 S. WEST AVE./HABITAT FOR WASHINGTON COUNTY, 523): Submitted by SPECIALIZED REAL ESTATE, INC. for property located at 327 S. West Ave. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.08 acres. The request is to vacate portions of street and alley rights -of -way. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Tay 7 C ARKANSAS MEETING OF FEBRUARY 2, 2016 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner DATE: January 15, 2016 SUBJECT: VAC 15-5277: Vacation (327 S. WEST AVE./HABITAT FOR WASHINGTON COUNTY, 523): Submitted by SPECIALIZED REAL ESTATE, INC. for property located at 327 S. West Ave. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.08 acres. The request is to vacate portions of street and alley rights -of -way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 15-5277 with conditions. BACKGROUND: The property is located at 327 S. West Avenue. The property is currently developed with a single- family home that was built in 1946 and contains approximately 1,061 square feet. The home is currently in very poor condition. The property has excess platted right-of-way ROW on two sides, including: • 19' (approximately) of excess street right-of-way (ROW) along the West Avenue frontage. • 30' (approximately) of unused (formerly railroad) ROW on the west property boundary. The applicant proposes vacation of portions of ROW as described above and depicted in exhibits `A' and `13% provided by the applicant, and (comprising approximately 3,049 square feet) to allow construction of a new single-family residence on the property. DISCUSSION: On January 11, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0 as a consent item, with the following conditions: Conditions of Approval: 1. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 3. Revised legal descriptions and/or exhibits for the vacation shall be provided as needed prior to this item being placed on the City Council agenda. A new survey and legal Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 description showing the Master Street Plan ROW at 21.5 feet from centerline of West Avenue is included as Exhibits A & B. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Vacation Request Application Planning Commission Staff Report R Of 50, gi LJ tE bo H nd Ei P 97, s5 RE 7 Z I Ome@ zz EXHIBIT `B' 15-5277 VACATION ._AREA 1 A PART OF LOT NUMBERED THREE (3) .IN BLOCK TWENTY-TWO (22) IN 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 AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOV,NSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02041'01 "W 60.00' AND N87034'22"W 65.44' FROIII THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S13000'26"E 61.21' TO A SET IRON PIN, THENCE N87-34'22"W 29.81' TO A SET IRON PIN, THENCE N13-45'26"W 61.43' TO A SET IRON PIN,THENCE S87-34'22"E 30.64' TO THE POINT OF BEGINNING. CONTAINING 0.041 ACRES TMORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. RIGHT OF WAY TO BE VACATED 2 A PART OF LOT NUMBERED THREE (3) IN BLOCK TWENTY-TWO (22) IN 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 W-\SHINGTON COUNTY, ARKANSAS AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, ,X7ASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02041'01 "W 60.00' FROM THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S87°34'22"E 20.07' TO A SET IRON PIN, THENCE S02°31'31"W 59.00' TO A SET IRON PIN, THENCE N87-34'16"W 20.23' TO A SET IRON PIN, THENCE N02041'01 "E 59.00' TO THE POINT OF BEGINNING. CONTAINING 0.03 ACRES 7IORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. ADJUSTED LOT 3, BLOCK 22 A PART OF LOT N UMBERF...D THREE (3) IN BLOCK T-X/ENTY-TWO (22) IN 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, ARK-INSAS AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARIC-�NSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02041'01"W 60.00' FROM THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S87°34'22'E 20.07' TO A SET IRON PIN, THENCE S02°31'31"W 59.00' TO A SET IRON PIN, THENCE N87°34'22"W 98.92' TO A SET IRON PIN, N13045'26"W 61.43' TO A SET IRON PIN, THENCE S87°34'22 E 96.08, TO THE POINT OF BEGINNING. CONTAINING 0.15 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. PREVIOUS LOT 3, BLOCK 22 A PART OF LOT NUMBERED THREE (3) IN BLOCK TWENTY-TWO (22) IN 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, ARI ANSAS AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARIL-�NSAS, :ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02041'01 "W 60.00' FROM THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S02°41'01"W 59.00, TO SET IRON PIN, THENCE N87°34'22"W 48.88' TO A SET IRON PIN, THENCE. N13°00'26"W 61.21' TO A SET IRON PIN, THENCE S87°34'22"E 65.44' TO THE POINT OF BEGINNING. CONTAINING 0.077 ACRES BORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. CITY OF Tay I ARKANSAS TO: "Hallo PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: —JawdaPj 1j ,.20-164-14-2016 SUBJECT: VAC 15-5277: Vacation (327 S. WEST AVEJHABITAT FOR WASHINGTON COUNTY, 523): Submitted by SPECIALIZED REAL ESTATE, INC, for property located at 327 S. West Ave. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.08 acres. The request is to vacate portions of street and alley rights -of -way. H, _ RECOMMENDATION: Staff recommends forwarding VAC 15-5277 with conditions of approval. BACKGROUND: The property is located at 327 S. West Avenue. The property is currently developed with a single- family home that was built in 1946 and contains approximately 1,061 square feet. The home is currently in very poor condition. The property has excess platted right-of-way ROW on two sides, including: 19' (approximately) of excess street right-of-way (ROW) along the West Avenue frontage. • 30' (approximately) of unused (formerly railroad) ROW on the west property boundary. The surrounding zoning and land uses are depicted in Table 1. Table 1 - Surrounding Zoning and Land Use Direction _ ... Land Use zoning from Site Single-family Residential DG, Downtown General . _North South Single-family Residential DG, Downtown General East Single-fami�Residential DG Downtown General West Undevelo ed ROW/Frisco Trail DG, Downtown General/P-1 Institutional j Proposal: The applicant proposes vacation of a portion of ROW as described above and depicted in an exhibit provided by the applicant (comprising approximately 3,049 square feet) to allow construction of a new single-family residence on the property. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Mailing Ad(Iress: Planning Commission 113 W. Mountain Street W0e-I'Mellh lw-ar.gov em Fayetteville, AR 72701 15-5277 Habitat Washington Co. Page i of 16 WEST AVENUE and RAILROAD ROW VACATIONS: Unlit Cox Communications AEP/SWEPCO Source Gas AT&T Ozarks Electric City of Fayetteville Water/Sewer Trash & Recycling Transportation Public Comment: No public comment has been received. Response No objections With conditions No objections No objections No objections No objections Response No objections No objections No objections RECOMMENDATION: Staff recommends forwarding VAC 15-5277 with the following conditions: Conditions of Approval: ~'I.. ,Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 3. Revised legal descriptions and/or exhibits for the vacation shall be provided as needed prior to this item being placed on the City Council agenda. This includes a new survey showing the Master Street Flan ROW at 21.5 feet from centerline of West Avenue. Conditions of Approval recommended by City and Franchise Utility Companies: 4. Cox cable requests utility easement to remain in the rear (alley) ROW for an existing aerial line. G:1ETCtDevelopment Services Review\20151Development Review115-5277 VAC 327 S. West Ave. (Habitat for Wash. Co,)103 Planning Commissionl01-11-20161Comments and Redlines Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 2 of 16 BUDGET/STAFF NPACT, None. Attachments: • Vacation Diagram • Request Letter • Petition to Vacate ■ Adjacent Landowners Approval • Utility Approvals • Easement Vacation Exhibit • Plat Detail • One Mile Map • Close Up.Map G:1EXTevelopment Services RevieM201 50evelopment Review\15-5277 VAC 327 S. West Ave. (Habitat for Wash. Co.)\03 Planning CommissiorA01 -1 1-2016\Commen(s and Redlines Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co, Page 3 of 16 Agenda Item 5 15-5277 Habitat Washington Co. Page 4 of 16 0 U c 0 E r- .. io MSP 1 1 lier1sion a Q a ROW to be vacated should be 21,5' from centerline of West Ave r'.0.F . P''o 'ou Lc, 0 3",ck22 V,ac.o -'n , Area 1 AA up ec Lot 3, D,ock 22 j t 1 21,51 " Adjusted Part of Lot 3, Block 22 $ #o� \Vaee .15Acres 0, Vf rePrevious � c.Pan of Lot 3, Block 22 o g 0.08 Acres '� �'�,, �`� �� • �`�.->� "tea+' - //, � ;� G� , 1, / / � '--^-•C � 1 3 1� Vacation Area 2 R to b vacate : 0, 03 Acres ± plat detail REAL ESTATE SPECIALIZEDI.R.UP November _'>0, 2015 Planning Coll' rnissionets and City Council Nfetnbers. We recently acquired the lot at 327 S. West Ave ev ith the intention of looking at it as it potential missing nniddle, housing project. We have now sold the property to Habitat for Humanity vdw), alatt9 With Nlodus :Architects, will be approaching tlf sign concepts fora brand rickv shigle fiuttilti° 130nme oil the property. As you can see frojil the surVey, the current t•iQht-ot^%va} s on the property inhibit the ability to fully Utilize the lot. we would like to have the oPP011uuitY to use the space currently dedicated to the ROW as we move forward with a design flan. Fat?c.attse of the lacatiatz oftile ril"ht-cat Wllys. this Vacation would not affect ally of the a(Ijacel-it property owners. It %-%olljcl only free up the front lit, wdriveway area t;f the !of and uc to Fully utilize the lot it) its frill potential, Oil bchalf'Of the yawner of 327 S. West Ave, I would life to formally request to vacate a portion Of" two areas of City ROW oil our site. Sell Specialized Real Estate GrOLIp Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co, Page 6 of 16 \\\\ \ \ \ � � � ' � � \� \ \ \\^ ` } 0 ƒ\\\\\\\\\\ Co, Co, PETITION TO VACATE A RIGHT-OF-WAY LOCATED IN 327 WEST AVE, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, on behalf of all the owners of the real estate abutting the right -of --way hereinafter sought to be abandoned and vacated. lying in Lot 3 in Block 22. City of Fayetteville. Arkansas, a municipal corporation, petition to vacate the right-of-wa) which is described as follows: RIGHT-OF-WAY VACATION: A PART OF LOT NUMBERED THREE (3) IN BLOCK TWENTY-TWO (22) rN FERGUSON'S ADDITION' TO THE CITY OF FAYETTEVILLE. ARKANSAS. AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EXOFFICIO R. ECORDER OF WASHINGI.ON COUNTY, ARKANSAS AND A PART OF THE SOUTHWEST QUARTER OF T14E SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGfON COUNTY, ARKANSAS, ALL BEIN MORE PARTICULARLY DESCRi13EU AS FOLLOWS, `1'OWIT: BEGINNING AT A POINT WINCH IS S02°41'01"W 60,00' FROM THE NORTHEASTCORNER OF SAID LOT 3, SAID POINT BEING A SET IRON PIN AND RUNNING THENCE S87*34'22"E 20.06' TO A. SET IRON PIN, THENCE S02125'31 "W 59.00' TO A SET IRON PIN, THENCE N87°34'16"W 20.33` TO A SET IRON PIN, THENCE NO2° 41'01"E 59.00' TO THE POINT OF AEGPVNING. CONTAINING 0,03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. IF ANY. RIGHT-OF-WAY VACATION: A PART OF LOT NUMBERED THREE (3) IN BLOCK TWENTY-TWO (22) IN FERGUSON'S ADDITION 1'0 THE.. CITY OF FAYETTEVILLE, ARKANSAS. AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EXOFFICIO RECORDER OF WASHINGTON COUNTY. ARKANSAS AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16. TOWNSHIP 16 NORTH. RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TOWIT: BEGINNI G AT A POINT WHICH IS S02"4 t'01"W 60.00' AND 1'187"34'22"W 65.44' FROM THE NORTHEAST CORNER OF SAID LO'I' 3. SAID POINT BEING A ST-.T IRON PIN AND RUNNING Tl IENCI S 13'00'26"E• 61.21' TO A SET IRON PIN, THENCL N87°34'22"W 29.81' TO A SET IRON PIN. THENCE N 13'45'26"W 61.43' TO A SET IRON PIN,THENCE 587'34'22"E 30.64' "roil i'OINI' OF BEGINNING. CONTAINING 0.04 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. That the abutting real estate affected by said abandonment of the alley are Lot 3 in Block 22, City of Fayetteville used by the public for a period of many years, and shut the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described right-of-way. The petitioners pray that the Cie;, of Fayetteville. Arkansas. abandon and vacate the above described real estate. subject. however. to the existing utility casements and sewer easements as required. and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above: described real estate be vested in the abutting property owners as provided by Iaw. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the. City of Fayetteville. Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements: and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law. and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this .A dny of __C, �r '20 I 'L Printed Narne SienatureV � . _.._........_.__...... ...... _...._._ _...,..._.._.,._ Printed Name Sr n��te�re Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 8 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, A'NA UTILITY EASENTENT VACATIONS DATE: 08.07.15 UTILITY COMPANY: ' •OL. to I �`t �� Leslie Tabor 870-715 9894 APPLICANT NAME: AFi'ld(:ANT PHONE: REQUESTED VACATION (applicant must check old that apply): i1 Utility Easement X bight -of -way for alley or streets and all utility easements located within the vacated right- o, way. r, Alley 11 Street right-of-way i have been notified of the petition to vacate the following (alley, ensement, right-of-way), described as follows: General location 1 Address 327 West Avenue, Fayetteville, AR i1 (ATTACff legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. l-:i No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) f: i No objections prouidFd the following conditions are met: signyti rcf"Utility Company Representative V,yto-V Title Augiest 2014 Page S Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- Or- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 08.0T 15 UTILITY COMPANY: Transportation Leslie Tabor 870-715-9894 APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicrtrrt trust clfeck all that rtppty). Utility Easement x Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Sheet right-of-way I have been notified of file petition to vacate the following (cllles>, cura�er)tcrrt, rlghr-oj-'wqv), described as follows: general location / Address 327 West even tte, Payeu.eville, AR n (i17'%:1 Clf lcl>ul riescriptiorr rrtrrl gi atpltir r cepresetrttttott of tvliret is Leing vrtcrttetl S11R1'GY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. avid no comments, No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the'foliowing conditions are met: Sigtr,�u cof1h ity Con pony Representative f Title , ognsl 2014 :'nvc S Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 10 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 08.07.15 UTILITY COMPANY: ,.D2ar&-, l_ a trir. Leslie Tabor 870-715-9894 APPLICANT NAME: APPLICANT PHt')NE: REQUESTED VACATION (applicant must check all that apply). Utility Easement x Right-of-way for alley or streets and all utility easements located within the vacated right- of- way, Ailey Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location I Address 327 West Avexiue, Fayetteville, AR (ATTACHlegal description and graphic representation of what is being racated-St RYI;Y) UTtLI"I'Y COMPANY COMMENTS: X No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: "l LConnqpany Lead Staking Tech Title Page S Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF. WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 08.07.15 UTILITY COMPANY:AT&T, APPLICANT NAME: Leslie Tabor APPLICANT PHONE: 870-715-9894 REQUESTED VACATION (applicant uarrst check atl that apply): t' Utility Easement X) Right-of-way for alley or streets and all utility easements located within the vacated right- of- way, t,s Ailey Street right-of-way I have been notified of the petition to vacate the following (alle}). easement, right-of-wal-), described as follows: General location / Address 327 West Avenue, .Fayetteville, AR Q 64TT CH legal tleveripilon and graphic representation of what is heing vacateil-SURVEY) UTILITY COMPANY COMMENTS: x No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are ;net: of Utility Company Representative Title PGR OSP PLNG & ENGRG DESIGN - Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 12 of 16 UTILITY APPROI FOR RIG HT- OF- WAY UTILITY EASEMENT DATE: 08.07.15 UTELrrYrOWANY. SourceGas APPLICANT NAME: Leslie Tabor FLICADiiI'PHONE- 870-715-9894 REQUESTED VACATION (applicant muss check all that apply n Utility Easement EI Right-of-way for alley or streets and all utility easements ` ocated within the vacated rot- of- way. C Alley I ;Street right-of-way I have been notified of the petition to vacate the following (alley, asement, right-of.waty), described as follows: GenmI location /Address 327 West Avenue, Fa etteville AR to ATTAC.9legal description { d pan and graphic reprerentation�of what rs h strp vacated-,SiJt{VE9 ' 4 UTILITY COMPANY CQMMEWS: R No objections to the vacation(s) described above, and no omments. 0 No objections to the vacation(s) described above, provide following ; escribed easements are retained. (State the location, dimensions, and purpose below.) 4 js l CI No objections provided the followinn conditions are met: i Si_ attire of i t'rlity ompany Representative Title [ Rygtw 20I4 Page 5 I Plann ng Commission ry 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 13 of 16 UTILITY APPROVAL FORM FOR RICHT- OF- NVAY, ALLEY, AND UTILITY CASEMENT VACATIONS ©ATE: € 8.07.1.5 UTILITY COMPANY' 1' err= F-4Y9F-77 t-LC- Af'I>LICANi'NAME: Leslie Tabor APPLICANT PHONE, 870-715-9894 REQUESTED VACATION (applicant must check alt that apply): Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of way. Alley Street right-of-way I have been notified of the petition to vacate tine following (alley, easement, right-of-way), described as follows; General location /;Address 327 West Avenue, Fayetteville, AR [, (A7TACII legal description and gruphic representation of what Is being vacated-SVRVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, anti purpose below.) No objections provided the following conditions are met: _ 4 r Si� �:..:.......»...........................�,.�..-. _._.�_...P....,.._m_ gym. ofUttbt y £'c77any Representative Title Aiignv 2014 Riee ,S Planning Commission January 11, 2016 Agenda item 5 15-5277 Habitat Washington Co. Page 14 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 08.07.15 U-17LITY COMPANY: Cox Communications APPLICANT NAME: Leslie Tabor APPLICANT PHONE: 870-715-9894 REQUESTED VACATION (applicant must check all that apply): Utility Easement X Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (al1eV, easement, right-o, way), described as follows: General location I Address 327 hest Avenue, Fayetteville, AR 0 (ATTACH legal description and graphic representation of what is derng vacated-SURY_FI} UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) x. No objections provided the following conditions are met: We have an existing aerial line in the rear Right of way that will need to be shown within a utility easernent before use can grant the vacation of the right of way. ,Signaiurc of Utility Company Representative Construction and Planning Manager Title t „gust ?Ol d Poge 5 Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 15 of 16 UTILITY APPROVAL FORM FOR RIGHT- Off'- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 08.07.I5 UTILITY COMPANY: AGp- SLJEjOCO APPLICANT NAME: Leslie Tabor APPLICANT PHOI-TM 870-7I5-9894 REQUESTED VACATION (applicant must check all that apply); ❑ Utility Easement XI Right-of-way for alley or streets and all utility easements located within the vacated right- of -way. 0 Alley D Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location 1 Address 327 "West Avenue, Payetteyille, AR 0 (ATTACH legal descriptlon andgraphic raphic representation of what is being vacated4URYE1) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. 0 No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) n No objections provided the following conditions are met: Signature of Otility Company Representative ii t � �du �A, r✓et't /`-� Title August 2014 Page 5 Planning Commission January 11, 2016 Agenda Item 5 15-5277 Habitat Washington Co. Page 16 of 16 NORTHWEST ARKANSAS __—Democrat V One& 11:41(_17 IFVILI.EAR, 72-1102 479-442-1700 FAX':47q-69S-1115 WWW.NWA11)G,C.0lVI AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5846 Was inserted in the Regular Edition on: February 18, 2016 Publication Charges $ 111.80 Ca4ften ua�/6 Cathy Wiles Subscribed and sworn to before me This 1% day of , 2016. Notary ublic My Commission Expires: `FitsStlata. **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5846 File Number: 2016-0030 VAC 15-5277 (327 S. WEST AVE./HABITAT FOR HUMANITY, WASHINGTON COUNTY): AN ORDINANCE TO APPROVE VAC 15-5277 SUBMITTED BY SPECIALIZED REAL ESTATE, INC. FOR PROPERTY LOCATED AT 327 SOUTH WEST AVENUE TO VACATE PORTIONS OF STREET AND ALLEY RIGHTS -OF -WAY 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 street and alley 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 portions of street and alley rights -of -way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at the owner/developer's expense. 3. A new survey and legal description showing the Master Street Plan ROW at 21.5 feet from centerline of West Avenue is included as Exhibits A & B attached to the Planning Department's memo. PASSED and APPROVED on 2/2/2016 Lioneld Jordan, Mayor Sondra E.Smith, City Clerk Treasurer 73569790 Feb. 18, 2016