HomeMy WebLinkAboutOrdinance 5652Doc ID: 015590260005 Type: REL
Kind: ORDINANCE
Recorded: 02/10/2014 at 11:00:28 AM
Fee Amt: $35.00 Pape 1 of 5
Mashinpton County. AR
Kyle Sylvester Circuit Clerk
File2014-00003108
ORDINANCE NO. 5652
AN ORDINANCE APPROVING VAC 13-4516 SUBMITTED
BY DEVELOPMENT CONSULTANTS, INCORPORATED FOR
PROPERTY LOCATED WEST OF RAZORBACK ROAD AND
NORTH OF CENTER STREET TO VACATE THE RIGHT-OF-
WAY OF BRENDA DRIVE, COURT STREET, WALTON
STREET, AND A THIRTY FOOT WIDE ALLEY OFF OF HOTZ
DRIVE.
WHEREAS, the City Council has the authority under A.C.A. § 14-301-301 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
the platted right-of-ways and alley are not required for corporate purposes; and
WHEREAS, all property abutting said right-of-ways are owned by the University of
Arkansas.
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-ways 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 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 Condition of Approval and shall
not be in effect until the condition is met.
1. There shall be no motor vehicle entrance or exit onto Hotz Drive from this parcel now
or in the future without express City Council approval in the form of a resolution.
2. All right-of-ways shall be retained as general utility easements.
3. Any relocation or, or damage to any existing utility facilities shall be repaired at the
property owner's expense.
01�
Page 2
Ordinance No. 5652
PASSED and APPROVED this 21" day of January, 2014.
APPROVED:
ATTEST:
By: 6Q44bA �.
SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT 'A'
VAC13-4516
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EXHIBIT "B"
VAC 13-4516
BRENDA DRIVE:
BRENDA DRIVE AS SHOWN ON THE OFFICIAL PLAT OF DILL ADDITION FILED FOR
RECORD AT PLAT BOOK 1, PAGE 143 IN THE RECORDS OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF LOT 1 OF SAID DILL ADDITION; THENCE NORTHERLY ALONG
THE EAST LINE OF SAID LOT 1, A DISTANCE OF 105.2 FEET; THENCE AROUND THE CUL DE
SAC ALONG THE EAST LINE OF SAID LOT 1 AND ALONG THE SOUTHEAST LINE OF LOT 2
AND ALONG THE SOUTHWEST LINE OF LOT 3 AND ALONG THE WEST LINE OF LOT 4 OF
SAID DILL ADDITION ALONG A 37.5 FEET RADIUS CURVE TO THE RIGHT FOR A DISTANCE
OF 193.4 FEET; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE
OF 105.4 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE WESTERLY FOR A
DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
COURT STREET:
COURT STREET AS SHOWN ON THE OFFICIAL PLAT OF BLOCK 2 OF MCRAE ADDITION
FILED FOR RECORD AT PLAT BOOK 3, PAGE 387 IN THE RECORDS OF WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 2; THENCE
NORTHERLY ALONG THE EAST LINE OF LOTS 1-3 OF SAID BLOCK 2, A DISTANCE OF
201.68 FEET TO THE POINT OF CURVATURE OF A 22 FEET RADIUS CURVE; THENCE
NORTHWESTERLY ALONG THE EAST LINE OF SAID LOT 3 ALONG THE 22 FEET RADIUS
CURVE TO THE LEFT FOR A DISTANCE OF 15.63 FEET TO THE POINT OF REVERSE
CURVATURE FOR A 40 FEET RADIUS CURVE; THENCE AROUND THE CUL DE SAC ALONG
THE EAST LINE OF SAID LOT 3 AND ALONG THE SOUTHEAST LINE OF LOT 4 AND ALONG
THE SOUTH LINE OF LOT 5 AND ALONG T14E SOUTHWEST LINE OF LOT 6 AND ALONG
THE WEST LINE OF LOT 7 SAID BLOCK 2 ALONG THE 40 FEET RADIUS CURVE TO THE
RIGHT FOR A DISTANCE OF 182.50 FEET TO THE POINT OF REVERSE CURVATURE FOR A
22 FEET RADIUS CURVE; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT
7 ALONG THE 22 FEET RADIUS CURVE TO THE LEFT FOR A DISTANCE OF 15.63 FEET TO
THE POINT OF TANGENCY; THENCE SOUTHERLY ALONG THE WEST LINE OF LOTS 7-9 OF
SAID BLOCK 2, A DISTANCE OF 201.68 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9;
THENCE WESTERLY FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
30' ALLEY:
THE 30 FEET WIDE ALLEY BETWEEN LOTS 18 AND 19 AND SOUTH OF LOT 19 OF HOTZ
REVISED ADDITION AS SHOWN ON THE OFFICIAL PLAT OF HOTZ REVISED ADDITION
FILED FOR RECORD AT PLAT BOOK 1, PAGE 213 IN THE RECORDS OF WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE SOUTHERLY ALONG
THE WEST LINE OF SAID LOT 18, A DISTANCE OF 192.68 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 18; THENCE WESTERLY FOR A DISTANCE OF 58.64 FEET TO THE
EAST LINE OF LOT 5 OF BLOCK I OF MCRAE ADDITION; THENCE NORTHERLY ALONG
THE WEST LINE OF SAID LOT 5, A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF LOT 19
OF HOTZ REVISED ADDITION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT
19, A DISTANCE OF 29.12 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19; THENCE
NORTHERLY ALONG THE EAST LINE OF SAID LOT 19, A DISTANCE OF 164.68 FEET TO THE
NORTHEAST CORNER OF SAID LOT 19; THENCE EASTERLY FOR A DISTANCE OF 30.00
FEET TO THE POINT OF BEGINNING.
WALTON STREET:
1. WALTON STREET AS SHOWN ON THE OFFICIAL PLAT OF BLOCK 1 OF MCRAE ADDITION
FILED FOR RECORD AT PLAT BOOK 3, PAGE 305 IN THE RECORDS OF WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 5 OF SAID BLOCK 1;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 48.45 FEET
TO THE POINT OF CURVATURE OF A 22 FEET RADIUS CURVE; THENCE NORTHWESTERLY
ALONG THE SOUTH LINE OF SAID LOT 5 ALONG THE 22 FEET RADIUS CURVE TO THE
RIGHT FOR A DISTANCE OF 15.63 FEET TO THE POINT OF REVERSE CURVATURE FOR A 40
FEET RADIUS CURVE; THENCE AROUND THE CUL DE SAC ALONG THE SOUTH LINE OF
SAID LOT 5 AND ALONG THE EAST LINES OF LOTS 3 & 4 AND ALONG THE NORTH LINES
OF LOTS I & 2 OF SAID BLOCK I ALONG THE 40 FEET RADIUS CURVE TO THE LEFT FOR A
DISTANCE OF 182.50 FEET TO THE POINT OF REVERSE CURVATURE FOR A 22 FEET
RADIUS CURVE; THENCE NORTHEASTERLY ALONG THE NORTH LINE OF SAID LOT I
ALONG THE 22 FEET RADIUS CURVE TO THE RIGHT FOR A DISTANCE OF 15.63 FEET TO
THE POINT OF TANGENCY; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1,
A DISTANCE OF 48.45 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE
NORTHERLY FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
2. WALTON STREET AS DESCRIBED IN WARRANTY DEED 526, PAGE 558 IN THE RECORDS
OF WASHINGTON COUNTY, ARKANSAS BEING A PART OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION SEVENTEEN (17) IN TOWNSHIP SIXTEEN (16)
NORTH, OF RANGE THIRTY (30) WEST OF THE 5TH P.M., DESCRIBED AS FOLLOWS, TO -
WIT: BEGINNING AT A POINT WHICH IS FOUR HUNDRED SEVENTY FIVE AND TWELVE
HUNDREDTHS (475.12) FEET NORTH AND TWENTY NINE (29) FEET WEST OF THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE WEST THREE
HUNDRED EIGHTY-NINE (389) FEET; THENCE NORTH FIFTY (50) FEET; THENCE EAST
THREE HUNDRED EIGHTY-NINE (389) FEET; THENCE SOUTH FIFTY (50) FEET TO THE
PLACE OF BEGINNING, CONTAINING ONE-HALF OF AN ACRE, MORE OR LESS
Washington County, AR
I certify this instrument was filed on
02/10/2014 11:00:28 AM
and recorded in Real Estate
File Number 2014-00003108
Kyle Sylvester- Circuit Clerk
by
Jesse Fulcher
Submitted By
City of Fayetteville Item Review Form
2013-0151
Legistar File Number
11-19-2013
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Planning
Department
VAC 13-4516: Vacation (BRENDA DRIVE, COURT AND WALTON STREET/UNIVERSITY OF
ARKANSAS, 482): Submitted by DEVELOPMENT CONSULTANTS, INC. for property located
WEST OF RAZORBACK ROAD AND NORTH OF CENTER STREET. The request is to vacate the
right-of-way of Brenda Drive, Court and Walton Street, and a 30 -foot wide alley off of Hotz Drive.
Does this item have a cost? =
Cost of this request
Account Number
Project Number
Category or Project Budget
Funds Used to Date
$0.00
Remaining Balance
Program or Project Name
Program or Project Category
Fund Name
Budgeted Item? No Budget Adjustment Attached? NO
V20730812
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
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KAN SASH
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council p
Thru: Jeremy Pate, Development Services Directors
From: Jesse Fulcher, Senior Planner
Date: October 31, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Subject: VAC 13-4516 Vacation (BRENDA DRIVE, COURT STREET, WALTON STREET,
ALLEY/UNIVERSITY OF ARKANSAS)
RECOMMENDATION
Staff recommends approval of an ordinance to vacate the right-of-way of Brenda Drive, Court Street, Walton Street,
and a 30 -foot wide alley off of Flotz Drive.
BACKGROUND
The subject properties consist of three developed public streets and an alley right-of-way that is utilized as a
driveway for an adjacent house now owned by the University of Arkansas. All four right-of-ways are located
between Razorback Road and Palmer Avenue, and Flotz Drive and Center Street. Every property directly adjacent to
the four right-of-ways (23 total properties) is owned by the University. Most of the structures along these streets
have already been removed and temporary parking lots have been installed.
The applicant's request is to vacate three developed public streets and an alley right-of-way that has been used as a
driveway, as indicated on the depicted exhibit. All four right-of-ways are surrounding by property owned by the
University, including the residential driveway.
Pursuant to Arkansas Code (A.C.A), Title 14, Chapter 301Municipal Streets Generally, cities and towns of the first
and second class and incorporated towns are given power and authority to vacate public streets and alleys within the
cities and towns under the conditions and in the manner herein provided.
In all cases where the owner of property within a city or town shall have dedicated, or may hereafter
dedicate, a portion of the property to the public use as streets or alleys by platting the property and causing
the plat to be filed for record, as provided by law, and any street or alley, or section thereof, shown on the
plat so filed shall not have been actually used by the public as a street or alley for a period of five (5) years
and in all cases where all property abutting any street or alley, or section thereof, is owned by any
educational institution or college, whether the property shall have been actually used by the public as a
street or alley for a period of five (S) years or not the city or town council shall have power to vacate and
abandon the street or alley, or any portion thereof, by proceeding the manner set forth in this subchapter.
THE CITY OF FAYETTEVILLE, ARKANSAS
In this particular case, all of the right-of-ways have been used by the public in the last five years, either by the
residents who lived in the houses along the streets, or those attending University events. At this time, all of the
houses have been removed and the property is used exclusively by the University for parking.
On October 28, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of
approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 13-4516 SUBMITTED
BY DEVELOPMENT CONSULTANTS, INCORPORATED FOR
PROPERTY LOCATED WEST OF RAZORBACK ROAD AND
NORTH OF CENTER STREET TO VACATE THE RIGHT-OF-
WAY OF BRENDA DRIVE, COURT STREET, WALTON
STREET, AND A THIRTY FOOT WIDE ALLEY OFF OF HOTZ
DRIVE.
WHEREAS, the City Council has the authority under A.C.A. § 14-301-301 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
the platted right-of-ways and alley are not required for corporate purposes; and
WHEREAS, all property abutting said right-of-ways are owned by the University of
Arkansas.
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-ways 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 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 Condition of Approval and shall
not be in effect until the condition is met.
1. Development of this site shall include the construction and dedication of two public
streets as indicated in Exhibit "C" attached hereto.
2. All right-of-ways shall be retained as general utility easements.
3. Any relocation or, or damage to any existing utility facilities shall be repaired at the
property owners expense.
PASSED and APPROVED this day of 12013.
APPROVED: ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
TO:
NSAS
Mayor Jordan
City Council
Departmental Correspondence
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
A d G C' P1 D' for
TL
Kit Williams
CityAttorney
Jason B. Kelley
Assistant City Attorney
n rew arner, >ty anrung >rec
FROM: Kit Williams, City Attorney --�
DATE: December 4, 2013
RE: Possible vacation of Brenda Drive, Court Street, Walton Street and an
alley
I needed to redraft the vacation ordinance to bring it more closely into
conformity with A.C.A. § 14-301-304 Ordinance vacating street or alley.
Attached is a newly drafted vacation ordinance which I believe is in
substantial compliance with A.C.A. § 14-301-304 (attached).
1
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ORDINANCE NO.
AN ORDINANCE TO APPROVE THE UNIVERSITY OF ARKANSAS'
PETITION TO VACATE BRENDA DRIVE, COURT STREET, WALTON
STREET AND A THIRTY FOOT WIDE ALLEY ALL WITHIN PROPERTY
OWNED BY THE UNIVERSITY OF ARKANSAS
WHEREAS, the City Council has the authority pursuant to A.C.A. § 14-301-301 et seq.
to vacate streets where all property abutting said streets are owned by an educational institution;
and
WHEREAS, a petition was duly filed by the University of Arkansas asking that the City
vacate Brenda Drive, Court Street, Walton Street and an alley within this property; and
WHEREAS, after a public hearing was scheduled by Resolution, public notice of the
public hearing was published for two consecutive weeks, and a public hearing was held on this
vacation petition, the City Council has determined from the standpoint of public interest and
welfare, the streets and alley should be vacated as proposed by the University of Arkansas
subject to the conditions set forth below.
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 all of its rights together with the rights of the public generally (subject to the conditions
set forth below) in and to Brenda Drive, Court Street, Walton Street and an alley within the
University of Arkansas' property as described in Exhibit B (attached).
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby requests
that the City Clerk certify this ordinance along with the map attached and labeled Exhibit A and
then file these in the office of the recorder of the County and recorded in the deed records of the
County.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby determines
that this vacation approval is subject to the conditions of approval listed below and shall not be
final nor in effect until all of the conditions are met:
Development of this University of Arkansas site shall include the construction and
dedication of two public streets approximately as shown on Exhibit C (attached).
I � ,L(.13
2. The vacated streets right of way shall be retained as general utility easements and
shall be so dedicated to the City.
3. Any relocation or damage to any existing utility facilities shall be repaired at the
University of Arkansas' expense.
PASSED and APPROVED this 17'" day of December, 2013.
APPROVED:
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LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
VAC 13-4516
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EXHIBIT "B"
VAC 13-4516
BRENDA DRIVE:
BRENDA DRIVE AS SHOWN ON THE OFFICIAL PLAT OF DILL ADDITION FILED FOR
RECORD AT PLAT BOOK I, PAGE 143 IN THE RECORDS OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF LOT I OF SAID DILL ADDITION; THENCE NORTHERLY ALONG
THE EAST LINE OF SAID LOT 1, A DISTANCE OF 105.2 FEET; THENCE AROUND THE CUL DE
SAC ALONG THE EAST LINE OF SAID LOT 1 AND ALONG THE SOUTHEAST LINE OF LOT 2
AND ALONG THE SOUTHWEST LINE OF LOT 3 AND ALONG THE WEST LINE OF LOT 4 OF
SAID DILL ADDITION ALONG A 37.5 FEET RADIUS CURVE TO THE RIGHT FOR A DISTANCE
OF 193.4 FEET; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE
OF 105.4 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE WESTERLY FOR A
DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
COURT STREET:
COURT STREET AS SHOWN ON THE OFFICIAL PLAT OF BLOCK 2 OF MCRAE ADDITION
FILED FOR RECORD AT PLAT BOOK 3, PAGE 387 IN THE RECORDS OF WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT I OF SAID BLOCK 2; THENCE
NORTHERLY ALONG THE EAST LINE OF LOTS 1-3 OF SAID BLOCK 2, A DISTANCE OF
201.68 FEET TO THE POINT OF CURVATURE OF A 22 FEET RADIUS CURVE; THENCE
NORTHWESTERLY ALONG THE EAST LINE OF SAID LOT 3 ALONG THE 22 FEET RADIUS
CURVE TO THE LEFT FOR A DISTANCE OF 15.63 FEET TO THE POINT OF REVERSE
CURVATURE FOR A 40 FEET RADIUS CURVE; THENCE AROUND THE CUL DE SAC ALONG
THE EAST LINE OF SAID LOT 3 AND ALONG THE SOUTHEAST LINE OF LOT 4 AND ALONG
THE SOUTH LINE OF LOT 5 AND ALONG THE SOUTHWEST LINE OF LOT 6 AND ALONG
THE WEST LINE OF LOT 7 SAID BLOCK 2 ALONG THE 40 FEET RADIUS CURVE TO THE
RIGHT FOR A DISTANCE OF 182.50 FEET TO THE POINT OF REVERSE CURVATURE FOR A
22 FEET RADIUS CURVE; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT
7 ALONG THE 22 FEET RADIUS CURVE TO THE LEFT FOR A DISTANCE OF 15.63 FEET TO
THE POINT OF TANGENCY; THENCE SOUTHERLY ALONG THE WEST LINE OF LOTS 7-9 OF
SAID BLOCK 2, A DISTANCE OF 201.68 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9;
THENCE WESTERLY FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
30' ALLEY:
THE 30 FEET WIDE ALLEY BETWEEN LOTS 18 AND 19 AND SOUTH OF LOT 19 OF HOTZ
REVISED ADDITION AS SHOWN ON THE OFFICIAL PLAT OF HOTZ REVISED ADDITION
FILED FOR RECORD AT PLAT BOOK 1, PAGE 213 IN THE RECORDS OF WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE SOUTHERLY ALONG
THE WEST LINE OF SAID LOT 18, A DISTANCE OF 192.68 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 18; THENCE WESTERLY FOR A DISTANCE OF 58.64 FEET TO THE
EAST LINE OF LOT 5 OF BLOCK 1 OF MCRAE ADDITION; THENCE NORTHERLY ALONG
THE WEST LINE OF SAID LOT 5, A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF LOT 19
OF HOTZ REVISED ADDITION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT
19, A DISTANCE OF 29.12 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19; THENCE
NORTHERLY ALONG THE EAST LINE OF SAID LOT 19, A DISTANCE OF 164.68 FEET TO THE
NORTHEAST CORNER OF SAID LOT 19; THENCE EASTERLY FOR A DISTANCE OF 30.00
FEET TO THE POINT OF BEGINNING.
WALTON STREET:
1. WALTON STREET AS SHOWN ON THE OFFICIAL PLAT OF BLOCK I OF MCRAE ADDITION
FILED FOR RECORD AT PLAT BOOK 3, PAGE 305 IN THE RECORDS OF WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 5 OF SAID BLOCK 1;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 48.45 FEET
TO THE POINT OF CURVATURE OF A 22 FEET RADIUS CURVE; THENCE NORTHWESTERLY
ALONG THE SOUTH LINE OF SAID LOT 5 ALONG THE 22 FEET RADIUS CURVE TO THE
RIGHT FOR A DISTANCE OF 15.63 FEET TO THE POINT OF REVERSE CURVATURE FOR A 40
FEET RADIUS CURVE; THENCE AROUND THE CUL DE SAC ALONG THE SOUTH LINE OF
SAID LOT 5 AND ALONG THE EAST LINES OF LOTS 3 & 4 AND ALONG THE NORTH LINES
OF LOTS 1 & 2 OF SAID BLOCK 1 ALONG THE 40 FEET RADIUS CURVE TO THE LEFT FOR A
DISTANCE OF 182.50 FEET TO THE POINT OF REVERSE CURVATURE FOR A 22 FEET
RADIUS CURVE; THENCE NORTHEASTERLY ALONG THE NORTH LINE OF SAID LOT 1
ALONG THE 22 FEET RADIUS CURVE TO THE RIGHT FOR A DISTANCE OF 15.63 FEET TO
THE POINT OF TANGENCY; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1,
A DISTANCE OF 48.45 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE
NORTHERLY FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
2. WALTON STREET AS DESCRIBED IN WARRANTY DEED 526, PAGE 558 IN THE RECORDS
OF WASHINGTON COUNTY, ARKANSAS BEING A PART OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION SEVENTEEN (17) IN TOWNSHIP SIXTEEN (16)
NORTH, OF RANGE THIRTY (30) WEST OF THE 5TH P.M., DESCRIBED AS FOLLOWS, TO -
WIT: BEGINNING AT A POINT WHICH IS FOUR HUNDRED SEVENTY FIVE AND TWELVE
HUNDREDTHS (475.12) FEET NORTH AND TWENTY NINE (29) FEET WEST OF THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE WEST THREE
HUNDRED EIGHTY-NINE (389) FEET; THENCE NORTH FIFTY (50) FEET; THENCE EAST
THREE HUNDRED EIGHTY-NINE (3 89) FEET; THENCE SOUTH FIFTY (50) FEET TO THE
PLACE OF BEGINNING, CONTAINING ONE-HALF OF AN ACRE, MORE OR LESS
EXHIBIT "C"
Hotz Drive
I
a
147 PARKING
SPACES 207 PARKING
I a SPACES
Future
by U of A streets o O
i � n
appI
p 1 1NPARKING
` 1
WAGES
103 PARKING
SPACES (Q
El
/ N
I / 144 PARKING
O 1 f � 6 SPACES
E
Street
PRELIMINARY LAYOUT
900 TOTAL PARKING SPACES
10-16-2013
11SPARKING
SPACES
G p
October 28, 2013
Planning Commission
VAC 13-4516 U of A
Agenda Item 3
Page 18 of 20
ROW to be vacated EXHIBIT "C"
Future streets
A9ANn0NMENTOF
88,898.01 so. FT.
I5.3 ISACI
I
OEOICAMN OF
58.18 uSO. FT.
� ;1L�ia kl
t
October 28. 2013
Planning Commission
VAC 134518 U of A
Agenda Ilam 3
Page 17 of 20
!
-
IE
I
I
I I
1
I
Ic
I
A9ANn0NMENTOF
88,898.01 so. FT.
I5.3 ISACI
I
OEOICAMN OF
58.18 uSO. FT.
� ;1L�ia kl
t
October 28. 2013
Planning Commission
VAC 134518 U of A
Agenda Ilam 3
Page 17 of 20
TayeVI
KANSAS
PC Meeting of October 28, 2013
JIIE CITY Of' FAYLf FEV ILL E. ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Senior Planner
THRU: Andrew Garner, City Planning Director
DATE: Oetobe� onsr 22, 2013 Updated October 31, 2013
VAC 13-4516: Vacation (BRENDA DRIVE, COURT STREET, WALTON STREET,
ALLEY/UNIVERSITY OF ARKANSAS, 482): Submitted by DEVELOPMENT
CONSULTANTS, INC. for properties located WEST OF RAZORBACK ROAD AND
NORTH OF CENTER STREET. The request is to vacate the right-of-way of Brenda Drive,
Court Street, Walton Street, and a 30 -foot wide alley off of Hotz Drive.
Planner: Jesse Fulcher
Findings:
Property and Background: The subject properties consist of three developed public streets
and an alley right-of-way that is utilized as a driveway for an adjacent house now owned by
the University of Arkansas. All four right-of-ways are located between Razorback Road and
Palmer Avenue, and Hotz Drive and Center Street. Every property directly adjacent to the
four right-of-ways (23 total properties) is owned by the University. Most of the structures
along these streets have already been removed and temporary parking lots have been
installed. Surrounding land use and zoning is depicted in Table 1.
Table 1
Surround -Ina Land Use and Zonina
Direction from
Land Use
Zoning
Site
North
Single-family on Hotz Drive
RSF-4, Residential Single -Family 4
Units perAcre
South
Sing le/Multi-family on Center Street
RMF -24, Residential Multi -Family 24
Units perAcre
East
University of Arkansas buildings 1
RMF -24, Residential Multi -Family 24
Units per Acre
West
Single-family on Palmer Avenue
RSF-4, Residential Single -Family 4
Units perAcre
Request: The applicant's request is to vacate three developed public streets and an alley
right-of-way that has been used as a driveway, as indicated on the depicted exhibit. All four
right-of-ways are surrounding by property owned by the University, including the residential
driveway.
G:\ETC\Development Services Review\20130evelopment Review\13-4516 VAC Brenda, Court, Walton & Alley (U of A)\18 Planning
Commission\I0-28-2013\Comments and Redlines
Pursuant to Arkansas Code (A.C.A), Title 14, Chapter 301 Municipal Streets Generally, cities
and towns of the first and second class and incorporated towns are given power and authority
to vacate public streets and alleys within the cities and towns under the conditions and in the
manner herein provided.
In all cases where the owner of property within a city or town shall have dedicated, or
may hereafter dedicate, a portion of the property to the public use as streets or alleys
by platting the property and causing the plat to be filed for record, as provided by law,
and any street or alley, or section thereof, shown on the plat so filed shall not have
been actually used by the public as a street or alley for a period of five (5) years and
in all cases where all property abutting any street or alley, or section thereof, is
owned by any educational institution or college, whether the property shall have been
actually used by the public as a .street or alloy for a period of fve (5) years or not. the
city or town council shall have power to vacate and abandon the street or alley, or
any portion thereof, by proceeding the manner set forth in this subchapter.
In this particular case, all of the right-of-ways have been used by the public in the last five
years, either by the residents who lived in the houses along the streets, or those attending
University events. At this time, all of the houses have been removed and the property is used
exclusively by the University for parking.
Easement Vacation Approval: The applicant has submitted the required right-of-way vacation
forms to the City Utilities Departments, franchise utilities, and adjacent property owners (the
University of Arkansas) with no objections.
UTILITIES
Ozarks Electric
Cox Communications
AEP/SW EPCO
Source Gas
AT&T
CITY OF FAYETTEVILLE:
Water/Sewer
Transportation
Solid Waste
RESPONSE
No objections
No objections
No objections, but retain right-of-ways as
easements.
No objections
No objections
RESPONSE
No objections
No objections
No objections
ADJACENT PROPERTY OWNER: RESPONSE
University of Arkansas
No objections
G:\ETCTevelopment services Review\20130eve1opment Review\13-4516 VAC Brenda, Court, Walton & Alley (U of A)\18 Planning
Commission\10-28-2013\Comments and Redlines
Public Comment: No public comment has been received.
Recommendation: This is a unique request, in that the applicant is requesting to vacate
public streets that have used by the public for many decades. Removing streets tends to
reduce connectivity within a neighborhood, which is contrary to the City's adopted policies.
However, in this particular case, all four of the right-of-ways dead-end into University
property and provide no connectivity within the neighborhood. Further, it is the University's
plan to redevelop this entire area, including constructing two new streets that will increase
connectivity in the neighborhood. In staff's opinion, the long-term plan for this block of
property will greatly increase connectivity for the neighborhood, University students, and
those attending athletic events. Staff recommends forwarding VAC 13-4516 to the City
Council with a recommendation for approval with the following conditions:
Development of this site shall include the construction and dedication of two
public streets as indicated in Exhibit "C" attached hereto.
2. All right-of-ways shall be retained as general utility easements.
3. Any relocation or, or damage to any existing utility facilities shall be repaired at
the property owners expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: - 0 Forwarded
Date: October 28, 2013
Motion: Chesser
Second: Pennington
Vote: 8-0-0
Notes:
O Denied O Tabled
G:\ ETC\Development Services Review\20130evelopment ReviewA 3-4516 VAC Brenda, Court, Walton & Alley (U of A)\18 Planning
Commission\I0-28-2013\Comments and Redlines
�- ca i�:itie
& c l o s i n g
1450 E. Zion Road - Suite'1
Fayetteville, AR 72703
File No.: 13 -3 101
For the use and benefit of Development Consultants, Inc
STATE OF ARKANSAS )
COUNTY OF WASHINGTON)
We the undersigned, being an employee of City Title & Closing LLC, do hereby certify that we
have made clue and diligent search ofthe Records in the Assessor's Office within and for Washington
County, Arkansas, and find the adjacent owners, which touch the subject property, and addresses as
shown in Exhibit "A".
IN -SO -FAR as the same affects the following described property, to -wit:
Brenda Drive, Court Street, West Walton Street and the 30' alley between Lots 18 and 19 and
South of Lot 19 of Hotz Addition, in the City of Fayetteville, Washington County, Arkansas..
Dated September 10, 2013
City Title & Closing LLC
1450 E. Zion Road, Suite'1
Fayetteville, AR 72703
479-9354177 '1
LJ
By:
Jessica L. Wooten, Authorized Signatory
Agency License No. 382820
Signing Agent No. 324795
**DISCLAIMER**
This report is being issued from the dates specified above and does not make any representation as to the
status or validity of the title and the company assumes no liability by virtue of errors of omission and
liability of the company shall not exceed the amount paid for the search.
Exhibit "A"
Parcel Nos.
765-06484-000
765-04742-000
765-06482-000
765-04741-000
765-06483-000
765-04740-000
765-14513-000
765-05219-000
765-08273-000
765-08281-000
765-08272-000
765-08280-000
765-08271-000
765-08279-000
765-08270-000
765-08278-000
765-08269-000
765-08277-000
765-14517-000
765-08276-000
765-14517-001
765-08275-000
765-14508-000
765-08274-000
765-04743-000
University of Arkansas
Board of Trustees
316 Administration Bldg
Fayetteville, AR 72701
Parcel No. 765-05227-000
Smith Revocable Trust
5835 E Estate View Road
Fayetteville, AR 72703
**DISCLAIMER**
This report is being issued from the dates specified above and does not make any representation as to the
status or validity of the title and the company assumes no liability by virtue of errors of omission and
liability of the company shall not exceed the amount paid for the search.
ADJACENT PROPERTY OWNER WRITTEN CONSENT FORM
FOR STREET AND ALLEY VACATION REQUEST
Date: September 18, 2013
Location of Vacation: Brenda Drive Court Street Walton Street and the 30' Alley between Lots 18 &
19 and south of Lot 19 of Hotz Revised Addition, City of Fayetteville, Arkansas
Adjacent Property Owner: University of Arkansas
Adjacent Property Address: Various alone Brenda Dr. Court St Walton St, Hotz Dr, & Razorback Rd
Property: Lots 1-4 of Dill Addition Lots 1-5 of Block 1 of McRae Addition, Lots I-9
of Block 2 of McRae Addition Lots 18-19 of Hotz Revised Addition and
Parts of the SWI/4 NEI/4 Section 17, T16N, R30W all in the City of
Fayetteville
REQUESTED VACATION:
I have requested the petition and I consent to vacate the following streets and alley, as describedon the
attached legal description and as shown on the attached sketch:
In the matter of the vacation of the aforesaid streets and alley, Allen J. Young of Development
Consultants, Inc is authorized to process tth/h"�p_etition on my behalf. / �J
Printed Name of Adjacent Owner: i
Signature of Adjacent Owner:
Applicant Name: The University of Arkansas—)
_
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 7- 4 - 2 0 13
tr111ITYCOMPANY: 4Ep -y Sw e 'c o `'
APPLICANT NAME: �f'rvl T Yo.��,l (' T � F/ Ua APPLICANTPIIONP.: y7 g- clyy- %S'rir
REQUESTED VACATION (applicant a" check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within (lie vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following alley easement, right-of-wayv), described as follows:
General acatio /Address (referring to attached doctanent-must be completed"")
Or—)'L De 1t L' 60J/� S -meed- 1A4I To e,e-1- 3o'/1lk✓ ',s.r fb, 1=,:.a �luYL 64
I
(ATTACH legal deveription and graphic representation ofrtkat is being vacated -SURVEY)
E5P•P. c1i f-'AAeJLc f..� t�i:Sr: ��f,.>r/ S". ✓e� rt:..� Xti,%t, I '�Ii-�
UT-ILITY COMFANY COMMENTS:
U No objections to the vacation(s) described above.
$Y No objections to the vamtion(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
Rdi-at C t -( ✓tea 5 4f�� S 4S
U�1-r!t / Q SPonr✓Gtn � <
No objections provided die following conditions are met.
Signat aof lhiliry•Crnnpnny'ficprescnluhvc
DIS �1�4 n2L]—
Title
UTUXI Y APPROVAL FORM
FOIL RIGHT- OF -
UTILITY E"IM
DATE: 9- 14- Z o f 3
UTff= CONDANY:
REQtIE= VACATfON (appAcmtt Pout efiecka7l Hid
lj Ff6fltyHasement
U Right-of-way for alley or streets and all utility eacan
X Alley
x street riiW of-viary
I have been notified of the pablionto vacate the followiugcal
Ge¢ers onfio iAddress(tefeamg,toattached docrnmehL-
ix rir�xi.. �<.✓.O �.. r.-1 S#ran-F t, l,�-Fnn
N79'- s'yY--788o
)oeated within the vacated right of -way.
easement ghtrof- �, desenbed as follows:
d be completed")
..L 7n. Ali..
MTTA CUJ-TaI description and grnpk7e reprereniaffan ofsvhat fir being-waledSURVE17
f-5p.e a-ttac!,e Lr al clesc.,pt,w� S iv2/ a xh;h;"{ gf
` V/1TI,ITy COWANY CGNQA 4TS:
No objections to the vecatim(s) described above.
ll No objecti®s to thavacatiou(s) described above, pmvidcd following described easements are retained
(State theloeatio 4 dimensions, and purpose below.)
ti No objections provnded the following wnditia¢s are
Company Rtpresentstive
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 7-14-2013
UTILITY COMPANY:
APPLICANT NAME: %Irk °"^Y I,�G-rte Ft UO AI
APPLICANT PHONE: g7rI— yYtl'75'$O
REQUESTED VACATION (applicant must check all that apply):
LI Utility Easement
LJ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
X Alley
xStreet right-of-way
I have been notified of the petition to vacate the following alley" easement, fight-of"'4), described as follows:
L General 14ca_tia !
Address (referring to attached document- must be complete)•`)
:. 0r04.4µ bl, VO-, G i S tfse•1 E.tl ida 5 -ee t-. 3) /)1Jzi :..; L. H:, %/ct'<
(ATTACH legal description and graphic representation ofivhat is being vacated -SUR VEI j
f3 p -1f -c. 1 e Lr ,;] f)iSL;t ,y�� Sv;vz� 4 i=xh.tirf '�qt�
UTILITY COMPANY COMMENTS:
DC No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and propose below.)
No objections provided the following conditions are met:
cg -ea McGee
Signature of Utility Company Representative
• 161 FI q GTE N -
UTILITY APPROVAL FORM
FOR RIGIM OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE. 7-14-2013
UTILITY COMPANY: /I ✓ nn
APPLICANTNAME: AI)eyi S Y�^, ISG?, FiyoAIPPLICANT PHONE: q7`%- yYY 7exo
REQUESTED VACATION (applicant mast check ga that apply):
Utility Easement
U Right-of-way for alley or streets and all utility easements located witbia the vacated right- of- way.
X Alley
Sheet right -of --way
I have been notified of the petition to vacate the following alley easement ighto--sva��, described as follows:
Genera c No / Address (referring to attached document- must be completed'") I J
•• Br" -4. 66j,-J5I,etfie Ia/aitUt S-tiet'f, 30'/1)4y f0J'fl,�'J,n Pa64
(A TTA CH legal description and graphic representation ofwhat is being vacated-SURVEI)
C5-ee- erifaeike,,f lcy..l t)rsc.it��, Swve� nhJ >=Xh,6,'j ,14141
UTILITY COMPANY CONMIENTS:
U No objections to the venation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
6Q No objections provided the following conditions are met:
Any damage to or relocation of existing facilities will be at ownersldevelooers expense,
UTILITY APPROVAL FOAM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 9 11- 2 d 13
UTILITY COMPANY:
APPLICANT NAME: _ 6111e� T i�.y , I.�.t,7, Fr Uo AAPPLICAxTPxOy�
NIq7.1- ayy 7SSa
REQUESTED VACATION (appgeart mmLw cheek g j OW apply):
Utility Fas umni
Right -of --way for alley or streets and all Wilily easements located within the vacated right- of- way.
Alley
X Sheet ngbt-0f-way
I have been ratified of the petition to vacate the toQowingQjg� easement gkfof-w described es follows:
Gegen nfla Address (referring to attacbed document- must be completed••)
SrC44, nJB CIIJ14 S-r/oefi, A,J1-td-t Sirte 1. 19"1 9Sa�l� o. NutLOI
(A7TACU LTW dacr(Won andVWhic repnsenAIdom ofwkat Ir being vacated -S UR VE 19
Cee 43+acl,n,( Lr�..� Aesc.,pt..�, S.,rvpf MwJ 1=x1„b,i /N�]
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to thevacatiom(s) described above, provided following described easements are retained-
(State
etained(State the location, dimcosions, and purpose below.)
8 No objections provided the following conditions are met:
Sipature of Utility Compamy Representative
O$V bO516N r.kl6twlr-G.YL
Title
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1-14- 70/3
UTILITY COMPANY: C, Uf
%y a l 2YPi'-G✓l ll
APPLIC/V�77'NAME:-l/��r`'d /'""V. �G r�F USA-I�'PLICANTPICONI, y�y yYy I4'80
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X Street right-of-way
I have been notified of the petition to vacate the following blley, ensernenr,(righr-of-wnv), described as t'ollows.
/ t
l General focal ian)1 Address (referring to attached document- must be completed")
-1 pr's-+->.Ak i)r. d� C ✓J 39/e e'h iAlii Til] 5 t,t.rf '/ilii _ ri d. L, - %ivI e. U/,
(ATTACH legal description and graphic representalion of what is being vacated -SURVEY)
C5, P- 'if-C,rl,ej Lry
UTILITY COMPANY CONWIENTS:
Ix No objections to the vacation(s) described above.
I I No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
i. No objections provided the following conditions are met:
✓t f �
'I'irlc
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE'. J - /� - Z 0 13
UTILITY COMPANY: n
APPLICANT NAME -.I 66.Y/F` UogPPLICANT PI:IONF.:
RIIQi MSTED VACATION (appGeani mast check all that apply):
1] Utility Basement
L Riglit-of-way for alley or streets and all utility easements located within the vacated right- of- way.
X Alley
xSb'eet right -of --way
I have been notified of the petition to vacate the following nIlev; easement, right-oj-,vnyj, described as follows:
( _General Igcntinn)1 Address (refening w attached doctuneni- must be completed*')
oe
4L3, i_)r,c�- �.-1 'lr ee ! �:�IJI �'•'1 '.,) 'i�ir .i,
lle
(A77ACX legal Jes'criptinrt and graphic representation oflf*at is being >'nentetFSURVEY)-7
i_x%,��lil �vl'j>+ I
01ILI'1 Y COMPANY COMMEN"CS:
xNo objections to the vacation(s) described above. -
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 met'
�SS �g TkA'- Q--5tCZIII II fVhPfnlFlor c
'I i ]c
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 7- 14- Z D 13
UTILITY COMPANY: f�
APPLICANT NAMltlle✓1 Y.�..y . J] F! Un` AP
E: PLICANT PHONE: `�Y_9- yYY 78gp
REQUESTED VACATION (applicant must checkaq that apply):
Utility Easement
U Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
Alley
xStreet right -of --way
I have been notified of the petition to vacate the following alley easement,fight-of-w `), described as follows:
General talo /Address (referring to attached docmnent- nmst be completed")
.. Br -2,4a, r,dd- C J,. 3� ee•f- AItdt Size'1- '11 r•
(ATTACH legal description a_ddgraphic representation ofwhat is being vacated -SURVEY)
SCC. a-1 tCCtieJ Lr�„fit)etc..; r,��r, $.-.'Vel/ [i"J Zxi,6,/ Nys�
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described casements are retained.
(Stale the location, dimensions, and propose below.)
Ll No objections provided the following conditions are met:
Signature of Utility Cot pany Representative
q 1
fide
Street and Alley Vacation
Legal Descriptions
Brenda Drive:
Brenda Drive as shown on the official plat of Dill Addition filed for record at Plat Book 1, Page
143 in the records of Washington County, Arkansas, being more particularly described as
follows: Beginning at the southeast corner of Lot 1 of said Dill Addition; Thence northerly along
the east line of said Lot 1, a distance of 105.2 feet; Thence around the cul de sac along the east
line of said Lot 1 and along the southeast line of Lot 2 and along the southwest line of Lot 3 and
along the west line of Lot 4 of said Dill Addition along a 37.5 feet radius curve to the right for a
distance of 193.4 feet; Thence southerly along the west line of said Lot 4, a distance of 105.4
feet to the southwest corner of said Lot 4; Thence westerly for a distance of 40.00 feet to the
Point of Beginning.
Court Street:
Court Street as shown on the official plat of Block 2 of McRae Addition filed for record at Plat
Book 3, Page 387 in the records of Washington County, Arkansas, being more particularly
described as follows: Beginning at the southeast corner of Lot 1 of said Block 2; Thence
northerly along the east line of Lots 1-3 of said Block 2, a distance of 201.68 feet to the point of
curvature of a 22 feet radius curve; Thence northwesterly along the east line of said Lot 3 along
the 22 feet radius curve to the left for a distance of 15.63 feet to the point of reverse curvature
for a 40 feet radius curve; Thence around the cul de sac along the east line of said Lot 3 and
along the southeast line of Lot 4 and along the south line of Lot 5 and along the southwest line
of Lot 6 and along the west line of Lot 7 said Block 2 along the 40 feet radius curve to the right
for a distance of 182.50 feet to the point of reverse curvature for a 22 feet radius curve; Thence
southwesterly along the west line of said Lot 7 along the 22 feet radius curve to the left for a
distance of 15.63 feet to the point of tangency; Thence southerly along the west line of Lots 7-9
of said Block 2, a distance of 201.68 feet to the southwest corner of said Lot 9; Thence westerly
for a distance of 50.00 feet to the Point of Beginning.
30' Alley:
The 30 feet wide Alley between Lots 18 and 19 and south of Lot 19 of Hotz Revised Addition as
shown on the official plat of Hotz Revised Addition filed for record at Plat Book 1, Page 213 in
the records of Washington County, Arkansas, being more particularly described as follows:
Beginning at the northwest corner of said Lot 18; Thence southerly along the west line of said
Lot 18, a distance of 192.68 feet to the southwest corner of said Lot 18; Thence westerly for a
distance of 58.64 feet to the east line of Lot 5 of Block 1 of McRae Addition; Thence northerly
along the west line of said Lot 5, a distance of 30.00 feet to the south line of Lot 19 of Hotz
Revised Addition; Thence easterly along the south line of said Lot 19, a distance of 29.12 feet to
the southeast corner of said Lot 19; Thence northerly along the east line of said Lot 19, a
distance of 164.68 feet to the northeast corner of said Lot 19; Thence easterly for a distance of
30.00 feet to the Point of Beginning.
Walton Street:
1. Walton Street as shown on the official plat of Block 1 of McRae Addition filed for record at
Plat Book 3, Page 305 in the records of Washington County, Arkansas, being more
particularly described as follows: Beginning at the southeast corner of Lot 5 of said Block 1;
Thence westerly along the south line of said Lot 5, a distance of 48.45 feet to the point of
curvature of a 22 feet radius curve; Thence northwesterly along the south line of said Lot 5
along the 22 feet radius curve to the right for a distance of 15.63 feet to the point of reverse
curvature for a 40 feet radius curve; Thence around the cul de sac along the south line of
said Lot 5 and along the east lines of Lots 3 & 4 and along the north lines of Lots 1 & 2 of
said Block 1 along the 40 feet radius curve to the left for a distance of 182.50 feet to the
point of reverse curvature for a 22 feet radius curve; Thence northeasterly along the north
line of said Lot 1 along the 22 feet radius curve to the right for a distance of 15.63 feet to the
point of tangency; Thence easterly along the north line of said Lot 1, a distance of 48.45 feet
to the northeast corner of said Lot 1; Thence northerly for a distance of 50.00 feet to the
Point of Beginning.
2. Walton Street as described in Warranty Deed 526, Page 558 in the records of Washington
County, Arkansas being a Part of the Southwest quarter of the Northeast quarter of Section
seventeen (17) in Township sixteen (16) North, of Range thirty (30) west of the 5`h P.M.,
described as follows, to -wit: Beginning at a point which is four hundred seventy five and
twelve hundredths (475.12) feet North and twenty nine (29) feet West of the Southeast
corner of said forty acre tract, and running thence West three hundred eighty-nine (389)
feet; thence North fifty (50) feet; thence East three hundred eighty-nine (389) feet; thence
south fifty (50) feet to the place of beginning, containing one-half of an acre, more or less.
Future streets
byUofA,
103 PARKING
SPACES
116PARKING
SPACES
Q q
Hotz Drive
a
197 PARKING'
SPACES
a
207 PARKING
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139 PARKING
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rater Street
CES
PRELIMINARY LAYOUT
900 TOTAL PARKING SPACES
10-16-2013
116PARKING
SPACES
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ROW to be vacated
Future streets
VAC 13-4516 U Q F A
Close Up View
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[ Footprints 2010
— Hillside -Hilltop Ov rlay District
Design Overlay Di trict
Design Overlay Di Wirt
0 100 200 d00 500 800
------ Planning Area Fft1 October ,2013
Planning Commission
Agenda Item 3
Page 19 of 20
f a
1
Qtl� 1
1
Departmental Correspondence
TO: Mayor Jordan
Sondra Smith, City Clerk/Treasurer
Jeremy Pate, Development Services Director
FROM: Kit Williams, City Attorney
DATE: November 26, 2013
RE: Vacation of street pursuant to A.C.A. § 14-301-301
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
I think we need to more closely follow the statutory procedures set forth in
A.C.A. § 14-301-302 and 303 prior to vacating the streets as requested by the U of
A. Our power to vacate streets stated in A.C.A. § 14-301-301 ends: "the city or
town council shall have the power to vacate and abandon the street or alley, or
any portion thereof, by proceeding in the manor set forth in this subchapter."
(emphasis added).
The next section requires the owners of the property abutting to file a
petition requesting vacation. I assume our vacation application may suffice for
this statutorily required petition. However, the City Council at its next meeting
is supposed to "by resolution fix a day for the hearing of the petition ...." We
need to present a Resolution fulfilling this requirement. Then "the city clerk ....
(needs) to give notice of the meeting by publication once a week for two (2)
consecutive weeks in some newspaper .... having a general circulation in the
city ...."
We can still go forward to vacate the streets pursuant to our power in
A.C.A. § 14-54-104 although at least our Appellate Court has held that an existing
street should be vacated under A.C.A. § 14-301-301 instead of A.C.A. § 14-54-104.
1
JT MUNICIPAL STREETS GENERALLY § 14-301-301
Note I
Library References
Municipal Corpora lions <•�521.
Westlaw Key Number Search: 268k521.
C, J.S. Municipal Corporations §§ 1396, 1404.
Ile
Ile
SUBCHAPTER 3—VACATING STREETS AND
lie
he ALLEYS FOR PUBLIC USE GENERALLY
by § 14-301-301. Vacating authority
(a) Cities of the first and second class and incorporated towns are given
power and authority to vacate public streets and alleys within the cities and
towns under the conditions and in the manner herein provided.
(b) In all cases where the owner of property within a city or town shall have
dedicated, or may hereafter dedicate, a portion of the property to the public use
as streets ar alleys by platting the property and causing die plat to be filed for
record, as provided by law, and any street or alley, or section thereof, shown on
the plat so filed Shall not have been actually used by the public as a street or
alley for a period of live (S) years and in all cases where all property abutting
any street or alley, or section thereof, is owned by any educaliona[ institution or
° college, whether the property shall have been actuallyused b the
street or alley for a period of five 5 Y Public h a
Oyears or not, the city or town council shall
ty have power to vacate and abandon the street or alley, or any portion thereof, by
s- proceeding in the manner set forth in this subchapter.
Ic Acts of 1945. Act 17, §§ I, 2; Acts of 1947, Act 88, § I; Acts of 1949, Act 98, § 1.
Ik
Formerly A A. 1947. $§ 19-3824, 19-3825.
)n
Cross References
Vacation of public utility easements, see § 14-199-10.3.
Library References
Municipal Corporations x+657(2). C.LS. Municipal Corporations §§ 1432 W
Westlaw Key Number Search: 268k657(2). 1435, 1443,
Notes of Decisions
In general I Rights of individual property owners 7
its Abandon menl or nonuse 4
t Consent of landowners 8
P Construction and application 2 1. In general
ed Construction with other laws 3 A city has the power to vaCaW a portion of a
dy Conveyances 9 street not needed for corporate purposes. Ark,
Stals. § 19-2304. City of Sherwood v. Dupree
Ile Educational institutions 5 Co_, 1978, 263 Ark- 442, 565 S.W.2d 425, Mu -
of Improvement districts 6 nicipal Corporations (-5 657(2)
Injunctions 10 If determination is made that street is not
Limitations of actions 1 I needed for corporate purposes, city is not pro -
Questions of fact 12 hibited either from conveying streets UI only
abutting owner or from vacating street for bcnc-
fit of abutting owner. Ark.Stats. § i9-2304.
I Freeze v. Jones, 1976, 260 Ark. 193, 539 S.W,2d
431
RESOLUTION NO.
A RESOLUTION TO FIX THE DATE FOR HEARING THE UNIVERSITY OF
ARKANSAS' REQUEST TO VACATE BRENDA DRIVE, COURT STREET
AND WALTON STREET ON DECEMBER 17, 2013 AT 6:00 P.M. IN THE
CITY COUNCIL CHAMBERS, ROOM 219 OF THE CITY
ADMINISTRATION BUILDING
WHEREAS, City Clerk Sondra Smith is requested to publish notice of the hearing date
on the petition of the University of Arkansas to vacate Brenda Drive, Court Street and Walton
Street once a week for two weeks pursuant to A.C.A. § 14-301-302.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby fixes the
date for hearing the University of Arkansas' request to vacate Brenda Drive, Court Street and
Walton Street on December 17, 2013 at 6:00 p.m, in the City Council chambers, Room 219 of
the City Administration building.
PASSED and APPROVED this 3rd day of December 2013.
e"W• 1
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRATGAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
NEWSPAPERS
THE MORNING NEWS OF S
NORTHWEST ARKANSASS TIMES
LLC
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETrEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479,4421700 1 W WW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Public Hearing Notice
Was inserted in the Regular Editions on:
December 5, 2013
Publication Charges: $ 51.88
Holly Andrews
Subscribed and sworn to before me
This day of 12013.
1
Notary Public
My Commission Expires: �v f2') I %
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
NOTICE OF PUBLIC HEARING
PETITIONTO VACATE BRENDA
DRIVE, COURT STREET,
WALTON STREET AND AN ALLEY
RECEIVED
DEC 2 6 2013
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
a eeK le
ARKANSAS
The University of Arkansas owns all of the property surrounding the
three Ilsted $treats and the alley and has petitioned to have these
street$ and the alley vacated by the City Council. A public hearing in
front of the Fayetteville City Council will he hold at about 6:00 p.m, on
Tuesday. December 17, 2013, in the City Administration Building (113
W. Mountain, Fayetteville) In Room 219. Any interested person may
speak about this proposed vacation during the public hearing.
NORTHWEST ARKANSAS DEMOCRATGAZETTE
D EC
fN�;WSPAPERSLLC
NORTHWEST ARKANSAS THE MORNINGNEWSALE
THE MORNING NEWS OFROGERS
NEWS
DECC 2 Z013
NORTHWEST ARKANSAS TIMES
FNLIC
ATE BRENDA T rTSTREET,
eyLle
T F E
CITY OF FAYETTEVILLE
IL
BENTON COUNTY DAILY RECORD
CITY CLERK'$ OFFICE
212 NORTH EAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 4794421700 1 WWW.NWANEWS,COM
AFFIDAVIT OF PUBLICATION
I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Public Hearing Notice
inserted in the Regular Editions on:
NEARINGWas
December 12, 2013
FNLIC
ATE BRENDA T rTSTREET,
eyLle
Ij!AND ANA LLEY
Publication Charges: $ 51.88
Holly Andrews
Subscribed and sworn to before me
This t g day of —(>(C, 2013.
Notary Public
My Commission Expires: Z(Z��L 14
The'University of Arkansas owns 20 of the property surrounding the
three listed Streets and the alley and has petitioned to have these
streets and the alley vacated by the City Council, A public hearing in
front of the Fayetteville' City Council wilt be held at about 6:00 p.m, on
Tuesday, December 17, 2013, in the City Administration Building (113
W. Mountain, Fayettevllla) In Room 219. Any interested person may
Speak about this proposed vacation during the public hearing.
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
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NORTHWEST ARKANSAS DEMOCRATGAZEITE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
NORTHWEST S TIMES
NEWSPAPE16LLC BENTTON COUNTY DAILY REECCORD
212 NORTH FAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702147944&17001 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5652
Was inserted in the Regular Editions on:
January 30, 2014
Publication Charges: $ 103.76
Cathy Wiles
Subscribed and sworn to before me
This �31s+day of�aA u� , 2014.
Notary Public
My Commission Expires: la /01/.2,0,0
0\N t L BENS1/i�,':
=Di e•® iZ
a s pust.g-
ExFttt�' � / 4•
**NOTE'S rpNC q..By
Please do ndfy�tvav lxtii¢�`Affi
Invoice will be sent.
RECEIVED
JAN 31 2014
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
a OpDMI„�'PI,�E,�10,
AM ORDINANCE APPROVING VAC 13 fle AN, SUBMITTED BY DEVELOPMENT
I t ' SZWANT6, INCORPQRATED FOR e
RTSLOCATED WEST OFRAZORBACK .AsxaesAh
a 'I)' AND,N' OAA i OF CENTEA STREET TO
W�CAT,� RIGHTOF WA�Y,QF BRENDA
NE:rCO I STREET tNPtLTON STflEET AND A THIRTY FOOT WIDE ALLEY
'OFF OF HOTZ<DFtIRE a � ..Na
t a
� liar C' Council has a aatho uT tl �
u7§„9a-orr
yve�c tate publ�yrounds or portlonsyNereof w7nch•are noT reqred fco
Wtl the city Counrxl hagdetepnined that the following er{ gopgad Qortro,ts"j
pYal d"n`'ght,;of ways and,allgy Snot req rate th'erU�nn ve'isity%
E E all prope`rly-abu�ting saltl d h�t%F °' � `
.Tr
I�01(J THEREF,OFtE BE�A7�OH1>A1jNED �' T�IEE,ITY.rCOUHC�IG OF THE CITY.. -
' OF'FA1vETTEVILI:E� ARI(ANSA§:'� -��a d
S`tion'I'rfii'at'@ie City Couhcilb[the Cdy of Fayetteville Arkensastere�yvacateat -..
and>ndo0s tbe.lolloywvmg,�deycdpetl rtgM of ways -19 0' (ahed� s 5 ttr�
Section 2. That a copy of this Ordinance duly ceitpied by the City Clerk along wtth,
the n7ap attached and labeled. ERAibit A shell tia ftletl In the o(fice.of+lhefleco'r8er;
of tha,{;quWyer4: eyroraeain the need RegoY,tlaofth0 QouPty,
Sectlon vacati
3. That this on approval is subject to'thCondd
e ion of Approval and"
slfell hot be in effect until the co [on is met.
1. There shall beno motor vehicle entrance: or exit onto Hotz Drive from this
parcel naw or In the future without express City Council approval in the form of
ereeoluaon.
2. All fight of waysshall be retained asgeneral utllify,easemente.
�••` ,nno any ex�atl�ngirRility facilkies shall here
iettl at
P D antlrAPP 0 tw1st day of January, 2014. ,
APPROVED: ATTEST:
�EL`o )OR `` SONDRA L,SMITH, City Clerk/rreseurer
r,�thisence m,�rDeYiewed in the office of theCity Clerk/Tr�eurer
M