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HomeMy WebLinkAboutOrdinance 5515 Doc ID: 014760030003 Type: REL Kind: ORDINANCE Recorded: 08/24/2012 at 02:49:57 PM Fee Amt: $25.00 Paqe 1 of 3 Washinaton Countv. AR Bette Stamps Circuit Clerk Fi1e201240025273 ORDINANCE NO. 5515 AN ORDINANCE APPROVING VAC 12-4147 SUBMITTED BY MORRISON SHIPLEY ENGINEERS, INC. FOR PROPERTY LOCATED AT 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE TO VACATE A PORTION OF RIGHT-OF-WAY, A TOTAL OF 0.01 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described 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. "The vacated right-of-way shall be retained as a utility easement." PASSED and APPROVED this 7a' day of August, 2012. APPROVED: ATTEST: / 0VTR SY"O" By ��BY: �itD/LR/ ELD JOVO, Mayor SONDRA E. SMITH, City Clerk/TrETTEVILLE: %9sy RKANSP� TON1G�` EXHIBIT "A" VRC i„?-q/4'7 Right-of-way Vacation Description: Beginning At The Intersection Of The Existing North Right-of-way Of National Street And Existing East Right-of-way Of Dunn Avenue:Thence S1'1 1'27"W.A Distance Of 48.32 Feet, 77.36 Feet Along A 51.00 Foot Radius Non-Tangent Curve Left, Whose Chord Bears N42°15'54"W,A Distance Of 70.15 Feet•Thence S85'43'14"E,A Distance Of 48.32 Feet To The Point Of Beginning. Containing 491.72 Square Feet More Or Less, 30 0 30 Scale In Feet Campus Crest Development 2100 Rexford Road,Suite 414 Charlotte,NC 28211 Right-of-way Per Property Line Adjustment And Right-of-way Dedication File#2001-00033075, Dated 11/3012011 S85 43'14 E 48.32' P.O.B. Right-nf--way v NATIONAL STREEf To Be Vacated L=77.36' R=51.00 CB=N42015'54'W CD=70.15 r4 s F P National Cemetery PO Box 4221 Fayetteville, AR 72702 d 8 j yP 5 Z o i s MORRISON SHIPLEY AJGH'F-0F: WAY VACAMN EXHIBIT 6 uw ss c.�..m.sEeN.nO.lNe.5.mRre9... SURVEYORS w..I— Fayetevile, W8hfjgtorCounty, Ar*aneae R2. EXHIBIT "B" VAC 12-4147 PROPERTY DESCRIPTION FOR ABANDONMENT BEGINNING AT THE INTERSECTION OF THE EXISTING NORTH RIGHT-OF-WAY OF NATIONAL STREET AND EXISTING EAST RIGHT-OF-WAY OF DUNN AVENUE; THENCE S1°11'27"W, A DISTANCE OF 48.32 FEET, 77.36 FEET ALONG A 51.00 FOOT RADIUS NON-TANGENT CURVE LEFT, WHOSE CHORD BEARS N42°15'54"W, A DISTANCE OF 70.15 FEET; THENCE S85°43'14"E, A DISTANCE OF 48.32 FEET TO THE POINT OF BEGINNING. CONTAINING 491.72 SQUARE FEET MORE OR LESS. Washington County,AR I certify this instrument was flied on 08/24/2012 02:49:57 PIN and recorded in Real Estate File Number 2012-00025273 Bette Stamps. - c it ark by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/7/2012 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: VAC 12-4147: Vacation (510 W. 11TH ST. &989 S. SCHOOL AVE./THE GROVE, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 12.16 acres. The request is to vacate a portion of right-of-way. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached •�10 1 Jq, � gk • I]},J.2g[_, Previous Ordinance or Resolution# Department Dic r Date Original Contract Date: /( ! /� � _ �—�•-� � - 20 -I L Original Contract Number: City Attorney e Date p Sm" ci. 1. CL . I�. 7A6-7011 Finance and Internal Services Director Date Received in City - - Clerk's Office 7^LO-/Z- Chief ZChief of Sta Date ENT• Ep Received in '�� f Mayor's Office ay4r D to Comments: Revised January 15,2009 Tay e 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 ��pp Jeremy Pate, Development Services Director U' From: Jesse Fulcher, Current Planner Date: July 19, 2012 Subject: VAC 12-4147 (5 10 W. 11TH ST. &989 S. SCHOOL AVE./THE GROVE) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of right-of-way. BACKGROUND The subject property is located south of Martin Luther King Jr. Boulevard and west of South School and was formally used as the Washington County Sale Barn. The approximately 12.16-acre project boundary has frontage onto South School, 11`x' Street, Dunn Avenue, National Street, and Government Avenue. A Large Site Improvement Plan (LSIP) for a multi-family development was approved in 2011 and is under construction. All of the adjacent streets will be improved on the project side, including new curb and gutter, greenspace and sidewalks. Request: The applicant's request is to vacate approximately 500 square feet of right-of-way within the right angle created by the two intersecting street right-of-ways. A small retaining wall is required to be constructed adjacent to the private sidewalk in this area,but isn't permitted within street right-of-way. DISCUSSION On July 9, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 5-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 12-4147 SUBMITTED BY MORRISON SHIPLEY ENGINEERS, INC. FOR PROPERTY LOCATED AT 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE TO VACATE A PORTION OF RIGHT-OF-WAY, A TOTAL OF 0.01 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described 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. "The vacated right-of-way shall be retained as a utility easement." PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "B" VAC 12-4147 PROPERTY DESCRIPTION FOR ABANDONMENT BEGINNING AT THE INTERSECTION OF THE EXISTING NORTH RIGHT-OF-WAY OF NATIONAL STREET AND EXISTING EAST RIGHT-OF-WAY OF DUNN AVENUE; THENCE S1011'27"W, A DISTANCE OF 48.32 FEET, 77.36 FEET ALONG A 51.00 FOOT RADIUS NON-TANGENT CURVE LEFT, WHOSE CHORD BEARS N42°15'54"W, A DISTANCE OF 70.15 FEET; THENCE S85143'14"E, A DISTANCE OF 48.32 FEET TO THE POINT OF BEGINNING. CONTAINING 491.72 SQUARE FEET MORE OR LESS. EXHIBIT "All Right-of--way Vacation Description: Beginning At The Intersection Of The Existing North Right-of-way Of National Street And Existing East Right-of-way Of Dunn Avenue;Thence SI"11'27"W,A Distance Of 48.32 Feet, 77.36 Feet Along A 51.00 Foot Radius Non-Tangent Curve Left Whose Chord Bears N42°15'54"W,A Distance Of 70.15 Feet, Thence S85'43'14"E,A Distance Of 48.32 Feet To The Point Of Beginning. Containing 491.72 Square Feet More Or Less. 30 0 30 Scale in Feet Campus Crest Development 2100 Rexford Road, Suite 414 Right-of-way Per Properly Line Charlotte,NC 26211 AdjustmentAnd Right-of-way Dedication File#2001-00033075,Dated 1 113 012 0 11 S8504374'E 48,32' P.O.B. M Right-of--way NATIONAL STREET To Be Vacated L=77.36' R=51.00 CB=N42°15'54'W o CD=70.15 r j s R § National Cemetery 7c PO Box 4221 a Fayetteville, AR 72702 8 k 5 3 2 3 a b I MORRISON � SHIPLEY RIGHT-OF-WAY VACA77ON EXHIBIT ENGINEERS - SURVEYORSFayetteville, Washington County, Arkansas NSI T� le PC Meeting of July 9, 2012 aye ARKYANS.1i THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain Sl. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: 'u' Iz Updated July 19, 2012 VAC 12-4147: Vacation (510 W. 11TH ST. & 989 S. SCHOOL AVE./THE GROVE, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 12.16 acres. The request is to vacate a portion of right-of-way. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located south of Martin Luther King Jr. Boulevard and west of South School and was formally used as the Washington County Sale Barn. The approximately 12.16-acre project boundary has frontage onto South School, 11'1' Street, Dunn Avenue, National Street, and Government Avenue. A Large Site Improvement Plan (LSIP) for a multi-family development was approved in 2011 and is under construction. All of the adjacent streets will be improved on the project side, including new curb and gutter, greenspace and sidewalks. Request: The applicant's request is to vacate approximately 500 square feet of right-of- way within the right angle created by the two intersecting street right-of-ways. A small retaining wall is required to be constructed adjacent to the private sidewalk in this area, but isn't permitted within street right-of-way. Right-of-way Vacation Approval: The applicant has submitted the required right-of-way 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 G:\ETC\Development Services Review\2012\Development Review\124171 VAC(Campus Crest)\1 l Planning Conunission\07-12- 12\Comments and Redlines Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 12-4147 to the City Council with a recommendation for approval subject to the following condition: 1. The vacated right-of-way shall be retained as a utility easement. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded Cl Denied O Tabled Date: July 9 2012 Motion: Chesser Second: Hoskins Vote: 5-0-0 Notes: G\EMDevelopment Services Review\2012\Development Review\12-4171 VAC(Campus Crest)\l 1 Planning Commission\07-12- 12\Comments and Redlines � �s^a.racrn..ce y.suw O GL ))♦a MINI SE1BA K — f! -;4�\ �maw _ _ eo�'� a�rw.ed '.. �r�en+• ar ° I w.re�� °°�_ val o 4 - V- i _ 1.1 li RJ rrsLL �1 0 0 . I I''' =r 0 Q I r P1 V.r, ya.. -- ----Vp Ll JI roOrt II _ .x _� I ;�r�•-'- _I_'" r ��'� _�� .»."°.°ar>�, k °yo�., `���:",�e'TM,b�.Pr,we�,].e _�,�a]c:��e'x,°,a. `tM[n°w.`�i�rp`.M rnn ° a crc.yw ypycun°a.y r.°e— I ii i� ➢x �� . . a..�..u...eu.....rnr.,....en,.�..ar w,.°.e a.ae�vo:e..ek e.... ] EItl r F ir. .`.° ,°"ll:° r"»va' re°� .".,e AAA...or1 rre,e.o.. _ w] �..,°4w.,r.,. �. _ .� —/ t o—:,--.�v..s 1^rw .-.AA .,.or r,e i=y or°� .=eeig eee. 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