HomeMy WebLinkAboutOrdinance 5502 II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 014866150003 Type: REL
Klnd: ORDI0.NCE
Recorded: 08/29/2072 at 01:13:21 PM
Mashlnaton25'00 Paae 1 Of 3
Bette Stamn8 C rcultRClerk
File 2012-00018916
ORDINANCE NO. 5502
AN ORDINANCE APPROVING VAC 12-4102 SUBMITTED BY CRAFTON
TULL AND ASSOCIATES FOR PROPERTY LOCATED AT 1000 WEST
STONE STREET TO VACATE UTILITY EASEMENT AND RIGHT-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 portion of the
platted utility easement and right-of-way are not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described 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 herein.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this 51h day of June, 2012.
APPROVED: { ATTEST:
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By: `��� By: cf G ti N pF..;p,�
00ALD J RD ,Mayor SONDRA E. SMITH, City Clerk/T arer 000.
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EXHIBIT "B"
VAC 12-4102
UTILITY EASEMENTS TO BE VACATED
UTILITY EASEMENTS IN ALL THAT PORTION OF TREADWELL STREET AND BUCHANAN
AVENUE IN THE I.W. DUNCAN ADDITION TO THE CITY OF FAYETTEVILLE AND A
PORTION OF TREADWELL STREET IN THE OAK PARK PLACE ADDITION TO THE CITY OF
FAYETTEVILLE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 8 OF THE I.W. DUNCAN
ADDITION, THENCE SOUTH 255',THENCE WEST 195' TO THE SOUTHEAST CORNER OF LOT
212 OF THE OAK PARK PLACE ADDITION, THENCE WEST ALONG THE SOUTH LINE OF
SAID LOT 212 TO ITS INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF DELAWARE
STREET AS PLATTED, THENCE SOUTH 80' MORE OR LESS, TO A POINT ON THE
NORTHWESTERLY LINE OF LOT 302 OF THE OAK PARK PLACE ADDITION, THENCE
NORTHEASTERLY 15', MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID LOT 302,
THENCE EAST 128', MORE OR LESS,ALONG THE NORTH LINE OF LOTS 302, 30 1, AND 300
OF SAID OAK PARK PLACE ADDITION TO THE NORTHWEST CORNER OF LOT 1, BLOCK 9,
OF THE I.W. DUNCAN ADDITION, THENCE EAST 195' THENCE SOUTH 335', THENCE EAST
50',THENCE NORTH 335',THENCE EAST 195',THENCE NORTH 50',THENCE WEST 195'
THENCE NORTH 255',THENCE WEST 50' TO THE POINT OF BEGINNING.
SAID STREET RIGHT OF WAYS HAVING BEEN VACATED BY ORDINANCE 2462, FILED IN
BOOK 973, PAGE 484.
UTILITY EASEMENT TO BE VACATED
ALL THAT PART OF BUCHANNAN AVE LOCATED IN THE NW 1/4, SW 1/4 OF SECTION 16,
TOWNSHIP 16 NORTH,RANGE 30 WEST THAT LIES SOUTH OF AND CONTIGUOUS TO THE
PROPERTY FILED IN DEED BOOK 374, PAGE 617 AND EXTENDING SOUTH 100 FEET, MORE
OR LESS.
RIGHT-OF-WAY TO BE VACATED
ALL THAT PART OF BUCHANNAN AVE LOCATED IN THE NW 1/4, SW 1/4 OF SECTION 16,
TOWNSHIP 16 NORTH,RANGE 30 WEST THAT LIES SOUTH OF AND CONTIGUOUS TO THE
PROPERTY FILED IN DEED BOOK 374, PAGE 617 AND EXTENDING SOUTH 360 FEET, MORE
OR LESS TO THE NORTH LINE OF STONE STREET.
Washington County, AR
I certify this instrument was filed on
06/29/2012 01:13:21 PM
and recorded in Real Estate
File Number 2012-00018916
Bette Sta s- r uit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/5/2012
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
VAC 12-4102: Vacation (1000 W. STONE STJFAYETTEVILLE HIGH SCHOOL, 522): Submitted by CRAFTON TULL
AND ASSOCIATES, INC. for property located at 1000 WEST STONE STREET. The property is zoned P-1,
INSTITUTIONAL. The request is to vacate utility easement and right-of-way
Cost of this request Category/Project Budget Program Category I Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
=Am"yy*�• 4.0 1v Previous Ordinance or Resolution#
Department Director Date
Original Contract Date:
Original Contract Number:
City Alto ney Date
Finan a and Internal ervices Director (� Received in City
Clerk's Office
Chief of ff Date EItMP
Received in
Mayor's Office
yor l Date
Comments:
Revised January 15,2009
a��/7e evi
le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: May 16, 2012
Subject: VAC 12-4102 (Fayetteville High School Athletic Facilities)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate undeveloped utility
easements and right-of-way.
BACKGROUND
The subject property contains approximately 22.57 acres on the northern portion of the Fayetteville High School
(FHS) campus. A majority of the site is zoned P-1, Institutional and a small area in the northwest comer of the
site is zoned RMF-24, Residential Multi-Family 24 Units per Acre. This portion of the campus contains athletic
facilities for the school including the football stadium.
The applicant's request is to vacate un-constructed street right-of-way and utility easement within the site, as
indicated on the attached exhibits. None of these streets were ever constructed and the easements that are being
requested to be vacated have not been utilized. Fayetteville High School is in the process of renovating and
expanding their athletic facilities and prior to construction of new structures in these areas of the site, the
easements and right-of-way must be vacated.
DISCUSSION
On May 14, 2012, 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 12-4102 SUBMITTED
BY CRAFTON TULL AND ASSOCIATES FOR PROPERTY
LOCATED AT 1000 WEST STONE STREET TO VACATE
UTILITY EASEMENT AND RIGHT-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 portion of the
platted utility easement and right-of-way are not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described 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 herein.
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this day of 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "B"
VAC 12-4102
UTILITY EASEMENTS TO BE VACATED
UTILITY EASEMENTS IN ALL THAT PORTION OF TREADWELL STREET AND BUCHANAN
AVENUE IN THE I.W. DUNCAN ADDITION TO THE CITY OF FAYETTEVILLE AND A
PORTION OF TREADWELL STREET IN THE OAK PARK PLACE ADDITION TO THE CITY OF
FAYETTEVILLE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 8 OF THE I.W. DUNCAN
ADDITION, THENCE SOUTH 255',THENCE WEST 195' TO THE SOUTHEAST CORNER OF LOT
212 OF THE OAK PARK PLACE ADDITION, THENCE WEST ALONG THE SOUTH LINE OF
SAID LOT 212 TO ITS INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF DELAWARE
STREET AS PLATTED, THENCE SOUTH 80' MORE OR LESS, TO A POINT ON THE
NORTHWESTERLY LINE OF LOT 302 OF THE OAK PARK PLACE ADDITION, THENCE
NORTHEASTERLY 15',MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID LOT 302,
THENCE EAST 128', MORE OR LESS, ALONG THE NORTH LINE OF LOTS 302, 301,AND 300
OF SAID OAK PARK PLACE ADDITION TO THE NORTHWEST CORNER OF LOT 1, BLOCK 9,
OF THE I.W.DUNCAN ADDITION,THENCE EAST 195' THENCE SOUTH 335',THENCE EAST
50',THENCE NORTH 335',THENCE EAST 195', THENCE NORTH 50',THENCE WEST 195'
THENCE NORTH 255',THENCE WEST 50' TO THE POINT OF BEGINNING.
SAID STREET RIGHT OF WAYS HAVING BEEN VACATED BY ORDINANCE 2462, FILED IN
BOOK 973, PAGE 484.
UTILITY EASEMENT TO BE VACATED
ALL THAT PART OF BUCHANNAN AVE LOCATED IN THE NW 1/4, SW 1/4 OF SECTION 16,
TOWNSHIP 16 NORTH, RANGE 30 WEST THAT LIES SOUTH OF AND CONTIGUOUS TO THE
PROPERTY FILED IN DEED BOOK 374, PAGE 617 AND EXTENDING SOUTH 100 FEET, MORE
OR LESS.
RIGHT-OF-WAY TO BE VACATED
ALL THAT PART OF BUC1 ANNAN AVE LOCATED IN THE NW 1/4, SW 1/4 OF SECTION 16,
TOWNSHIP 16 NORTH, RANGE 30 WEST THAT LIES SOUTH OF AND CONTIGUOUS TO THE
PROPERTY FILED IN DEED BOOK 374, PAGE 617 AND EXTENDING SOUTH 360 FEET, MORE
OR LESS TO THE NORTH LINE OF STONE STREET.
•
ale evele PC Meeting of May 14, 2012
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: *°^Updated May 16, 2012
VAC 12-4102: Vacation (1000 W. STONE ST./Fayetteville High School, 522):
Submitted by CRAFTON TULL AND ASSOCIATES, INC. for property located at 1000
WEST STONE STREET. The property is zoned P-1, INSTITUTIONAL and contains
approximately 22.57 acres. The request is to vacate a utility easement and right-of-way.
Planner: Andrew Garner
Findings:
Property description: The subject property contains approximately 22.57 acres on the
northern portion of the Fayetteville High School (FHS) campus. A majority of the site is
zoned P-1, Institutional and a small area in the northwest corner of the site is zoned
RMF-24, Residential Multi-Family 24 Units per Acre. This portion of the campus
contains athletic facilities for the school including the football stadium. Surrounding land
use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
from Site
North Single family residential RMF-24, Residential Multi-Family 24 Units Per
Acre; RMF-40, Residential Multi-Family 40 Units
Per Acre
South Fayetteville High School P-1, Institutional
Campus
East Single and multi-family RMF-40, Residential Multi-Family 40 Units Per
residential Acre
West Single family residential RMF-24, Residential Multi-Family 24 Units Per
Acre
Request: The applicant's request is to vacate un-constructed street right-of-way and
utility easement within the site, as indicated on the attached exhibits. None of these
streets were ever constructed and the easements that are being requested to be vacated
have not been utilized. Fayetteville High School is in the process of renovating and
expanding their athletic facilities and prior to construction of new structures in these
G:\ETC\Development Services Review\2012\Development Review\12-4102 VAC 1000 W.Stone(FHS)\03 Planning
Commission\05-14-12\Comments and Redlines
areas of the site, the easements and right-of-way must be vacated.
The applicant has submitted the required casement vacation notification forms to the
utility companies and to the City with the result summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
AT&T No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Public Comment: No public comment has been received.
Recommendation: Finding that adequate access and utility easements exist to serve the
subject property, staff recommends forwarding VAC 12-4102 to the City Council with a
recommendation for approval subject to the following conditions:
i The legal d� ` tie i are tee to be aeeu at 1 mapped b y the Cit Gic.
b.. -:r.. wbw .-.y ..rY. „y ..y
_Divi ien. The legal dese«i«ti...... should be revised to have a metes and l.e,.nds-
dese.-i«tie« or other method for tl,e !'pit., !_TQ Di..i..:en to a ....tel.,map the areas
that are being vacated. This a n itie... shall be required to be met prior to this ite...
being placed on the City Couneil agenda.
THIS CONDITION WAS MET PRIOR TO PLANNING COMMISSION.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: May 14, 2012
Motion: Cook
Second: Chesser
Vote: 8-0-0
GAETC\Development Services Review\20120evelopment Review\12-4102 VAC 1000 W.Stone(FHS)\03 Planning
Commission\05-14-12\Comments and Redlines
419.636.46361 479.631.6224 f
www.craltontull.com
Crafton Tull
architecture I engineering I surveying
April 4 2012 Conway
e Lillle Rock
Oklahoma City
Rogers
ausselI
Planning Commission funhot
City of Fayetteville
125 W. Mountain Street
Fayetteville,AR 72701
RE: FHS Athletics Renovation- Easement Vacation/Dedication
Dear Planning Commission:
This letter shall accompany the Easement and Right-of-Way Vacation application for the
Fayetteville High School Athletics Renovation. The project is located on the north side
of the existing Fayetteville High School campus.
The request is to vacate utility easements in order to proceed with building construction.
In addition to this and in anticipation of future improvements we are also requesting that
the right-of-way for S. Buchanan Avenue be vacated.
Please see attached Exhibit A for a graphical representation of these requests. Should
you need any further information to process this request please let us know.
Sincerely,
Crafton Tull
nahJo
Project Manager
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