HomeMy WebLinkAboutOrdinance 5535 Doc ID: 014857000003 Type. REL
Kind: ORDINANCE
Recorded: 10/23/2012 at 01:17:27 PM
Fee Amt: $25.00 Peoe 1 of 3
Nashlnoton Countv. AR
Bette Stamps Circuit Clerk
File2012-00032237
ORDINANCE NO. 5535
AN ORDINANCE APPROVING VAC 12-4205 SUBMITTED BY JOHN
STARNES,AIA FOR PROPERTY LOCATED AT 404 &406 WEST DICKSON
STREET TO VACATE A LANDSCAPE EASEMENT, A TOTAL OF 0.10
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 sidewalk easement 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 sidewalk easement 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 following Condition of Approval
and shall not be in effect until the condition is met.
1. The vacated sidewalk easement shall be dedicated to the City of Fayetteville as Right-
of-Way by separate document.
PASSED and APPROVED this 2nd day of October, 2012.
APPROVED: ATTEST:
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O , Mayor SONDRA E. SMITH, City Clerk/Trea��o:•�," p—1.((''11
:FAYETTEVILLE:71=
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EXHIBIT "A" `
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EXHIBIT `B"
VAC 12-4205
404 and 406 W. Dickson Survey Legal Descriptions
Easement Description:
A part of the northwest quarter(NW 1/4) of the northeast quarter(NE 1/4) of section sixteen
(16),township sixteen(16)north,range thirty (30)west,more particularly described as
commencing at the southwest corner of said 40--acre tract; thence along said 40--line 587•-03.28
E 644.04 feet (deed call—east 646 feet); thence N 0227.31 E
13.17 feet to the point of beginning; said point being on the north right—of—way of
Dickson Street;
Thence N 02.27.31 E 5.96 feet to the face of a building;thence along and with the face of said
building S 8734-45 E 26.00 feet to the bottom of steps; Thence S 02-2731 W 6.20 feet to the
north right-of-way of Dickson Street; Thence along said right-of-way N 87.03.28 W 26.00 feet
to the point of beginning, containing 158.09 square feet, more or less, city of Fayetteville,
Arkansas.
Easement Description:
A part of the northwest quarter(NW '/4) of the northeast quarter of section 16 in township 16
north, range 30 west more particularly described as follows; commencing at the southwest
corner of said 40-acre tract; thence along said 40-line S87-03.28 E 670.04 feet(deed call—east
672 feet);thence N 02-27-31 E 13.17 feet to the point of beginning; said point being on the
north right-of-way of Dickson Street;
Thence N 02-2731 E 6.20 feet to the bottom of steps;thence along and with said steps S 87-
3445 E 0.90 feet to the face of a building;thence along and with the face of said building S
0341•17 W 0.23 feet,
S 87--23••59 E 16.65 feet;
Thence S 02.27.31 W 6.07 feet to the north right-of-way of Dickson Street; Thence along
said right-of-way N 87.03.26 W 17.55 feet to the point of beginning, containing 105.87
square feet, more or less, city of Fayetteville, Arkansas.
Washington County, AR
I certify this instrument was filed on
10/23/2012 01:17:27 PM
and recorded in Real Estate
File Number 2012-00032237
Bette Stamps- Circuit Clerk
by Ids
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
10/2/2012
City Council Meeting Date
Agenda Items Only
Quin Thompson Planning Development Services
Submitted By Division Department
Action Required:
VAC 12-4205: Vacation (21th AMENDMENT/DICKSON ST., 484): Submitted by JOHN STARNES, AIA for property
located at 404 &406 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER, and contains
0.10 acre. The request is to vacate a sidewalk easement.
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
ai-- % IL11(2-- Previous Ordinance or Resolution#
Department Director Date
G} / Original Contract Date:
Z Original Contract Number:
Ci[ Date
Finance and Internal Services Director Date Received in City
Clerk's Office
Al-
Chief of S'aff Date EC FAF7
Received in gJl7
Mayor's Office !((
M or Date
Comments:
Revised January 15,2009
•
ayerele THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Man, Chief of Staff
Jeremy Pate, Development Services Director 'I'll
From: Quin Thompson, Current Planner Q
Date: September 13, 2012
Subject: VAC 12-4205 (404 &406 W DICKSON STREET/21 ST AMENDMENT)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate two sections of
sidewalk/landscape easement on Dickson Street.
BACKGROUND
The subject properties are located on the north side of Dickson Street at numbers 404 and 406 and contain two
sidewalk easements executed in September of 2001 as a part of the Dickson Street Enhancement Project. The
easements cover portions of the Dickson Street sidewalk that fall outside of the dedicated street right-of-way.
The applicant's request is to vacate approximately 264 square feet of easement at the sidewalk on the south
boundary of the properties. The property would then be dedicated to the City as right-of-way as shown on the
sketch shown by the applicant.
The intention is to build an arcade to support a second story patio area above the sidewalk. The Fayetteville
Unified Development Code prohibits construction of permanent structures within, above and below an easement
(UDC Chap. 166.12); however, building a balcony above right-of-way is permitted (UDC Chap. 166.21 D.2.c).
DISCUSSION
On September 10, 2012, the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 9-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 12-4205 SUBMITTED
BY JOHN STARNES, AIA FOR PROPERTY LOCATED AT 404
& 406 WEST DICKSON STREET TO VACATE A
LANDSCAPE EASEMENT, A TOTAL OF 0.10 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 sidewalk easement 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 sidewalk easement 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. The vacated sidewalk easement shall be dedicated to the City of Fayetteville as Right-
of-Way by separate document.
PASSED and APPROVED this day of 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIt "All
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EXHIBIT `B"
VAC 12-4205
404 and 406 W. Dickson Survey Legal Descriptions
Easement Description:
A part of the northwest quarter(NW '/4) of the northeast quarter(NE '/) of section sixteen
(16), township sixteen (16)north,range thirty(30) west,more particularly described as
commencing at the southwest corner of said 40-acre tract; thence along said 40-line S87.03-28
E 644.04 feet (deed call—east 646 feet); thence N 02-27-31 E
13.17 feet to the point of beginning; said point being on the north right—of—way of
Dickson Street;
Thence N 02.27-31 E 5.96 feet to the face of a building;thence along and with the face of said
building S 87.34.45 E 26.00 feet to the bottom of steps; Thence S 02.27.31 W 6.20 feet to the
north right•of way of Dickson Street; Thence along said righto&way N 87.03.28 W 26.00 feet
to the point of beginning, containing 158.09 square feet, more or less, city of Fayetteville,
Arkansas.
Easement Descri tp ion:
A part of the northwest quarter(NW '/<) of the northeast quarter of section 16 in township 16
north,range 30 west more particularly described as follows; commencing at the southwest
corner of said 40 acre tract; thence along said 40 line S87-03--28 E 670.04 feet(deed call—east
672 feet);thence N 02--27-3 1 E 13.17 feet to the point of beginning; said point being on the
north right of way of Dickson Street;
Thence N 02.27.31 E 6.20 feet to the bottom of steps; thence along and with said steps S 87-
34-45 E 0.90 feet to the face of a building; thence along and with the face of said building S
03.13.17 W 0.23 feet,
S 87•-23-59 E 16.65 feet;
Thence S 02--27-31 W 6.07 feet to the north right-of way of Dickson Street; Thence along
said right-of-way N 87.03.26 W 17.55 feet to the point of beginning, containing 105.87
square feet,more or less, city of Fayetteville, Arkansas.
john starnes architect
Ry 100 N-Dixieland.Suite D2.PMB 172
NU i 1-UN S I KIJU I IUN Rogers,AR 72756
voice 479.466 3874
info@jstornes.com
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PROPOSED
•
aye evI e PC Meeting of September 10, 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: Quin Thompson, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: UPDATED: September 10, 2012
VAC 12-4205: Vacation (21st Amendment/Dickson St, 484): Submitted by JOHN
STARNES for property located at 406 W. DICKSON STREET. The property is zoned
MSC, MAIN STREET CENTER and contains approximately .10 acres. The request is to
vacate a sidewalk easement. Planner: Quin Thompson
Findings:
Property Description and Background: The subject properties are located on the north
side of Dickson Street at numbers 404 and 406 and contain two sidewalk easements
executed in September of 2001. The sidewalk easements cover portions of the Dickson
Street sidewalk that fall outside of the dedicated street right-of-way. These easements
were acquired by the City from the property owners as a part of the Dickson Street
Enhancement Project about a decade ago.
Request: The applicant's request is to vacate approximately 250 square feet of easement
at the sidewalk on the south boundary of the properties. The property would then be
dedicated to the City as right-of-way. The intention is to build an arcade to support a
second story patio area above the sidewalk. The Fayetteville Unified Development Code
prohibits construction of permanent structures within, above and below an easement
(UDC Chap. 166.12); however, building a balcony above right-of-way is permitted(UDC
Chap. 166.21 D.2.c).
Easement Vacation Approval: The subject easement is exclusively for sidewalk; no utility
approval is required. The City Transportation Department and the Development Services
Department have rights to the easement and do not object to the request.
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 12-4205 to the City Council with
a recommendation for approval subject to the following condition:
1. The vacated sidewalk easement shall be dedicated to the City of Fayetteville as
Right-of-Way by separate document.
G:\ETC\Development services Review\2012\Development Review\12-4205 VAC(21"Amendment)\I1 Planning Commission\09-10-
12\Comments and Redlines
2. The applicant must provide an easement vacation application signed by the
Transportation Department before the request will be added to the City Council
agenda.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: September 10,2012
Motion:
Second:
Vote: 8-0-0
Notes:
G:\ rC\Development Services Review\2012\Development Review\12-4205 VAC(2Y'Amendment)\I1 Planning Commission\09-10-
12\Comments and Redlines
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VAC 12-4205
Close Up View
eta
Lend
DICKSON ST
••••-.....1• Multi -Use's `"
• ••... Future Trails
f:,,_; Fayetteville City
WJAC12-4205
Footprints 2010
Hillside -Hilltop C
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Design Overlay
------ Planning Area
District
DICKSON STREET
WATSON ST .
0 37.5 75 150 225 300
Feel
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: o -to -Imo
UTILITY COMPANY: TRANSPORTATION DEPT
APPLICANT NAME: John Starnes for Zach Wooden APPLICANT PHONE: 479-466-3874
REQU TED VACATION (applicant must check all that apply):
Landscape (sidewalk) Easement
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 the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed")
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
TRANSPORTATION DEPARTMENT COMMENTS:
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 purpose below.)
No objections provided the following conditions are met:
44 Stts(q?fl l (2A.i) !0-Y1 l fott M'4I`i4≤tt-
Title
dugus1 2012
Page 5
EXHIBIT "B"
VAC 12-4205
404 and 406 W. Dickson Survey Legal Descriptions
Easement Description:
A part of the northwest quarter (NW '/a) of the northeast quarter (NE '/o) of section sixteen
(16), township sixteen (16) north, range thirty (30) west, more particularly described as
commencing at the southwest comer of said 40 •acre tract; thence along said 40 -line 587-0328
E 644.04 feet (deed call— east 646 feet); thence N 02••27-31 E
13.17 feet to the point of beginning; said point being on the north right — of — way of
Dickson Street;
Thence N 02-27.31 E 5.96 feet to the face of a building; thence along and with the face of said
building S 87-3445 E 26.00 feet to the bottom of steps; Thence S 02-27.31 W 6.20 feet to the
north right-of-way of Dickson Street; Thence along said right-of-way N 87-03-28W 26.00 feet
to the point of beginning, containing 158.09 square feet, more or less, city of Fayetteville,
Arkansas.
Easement Description:
A part of the northwest quarter (NW '/4) of the northeast quarter of section 16 in township 16
north, range 30 west more particularly described as follows; commencing at the southwest
corner of said 40 --acre tract; thence along said 40 -line S87-03.28 E 670.04 feet (deed call — east
672 feet); thence N 02-27-31 E 13.17 feet to the point of beginning; said point being on the
north right-of-way of Dickson Street;
Thence N 02-27-31 E 6.20 feet to the bottom of steps; thence along and with said steps S 87-
3445 E 0.90 feet to the face of a building; thence along and with the face of said building S
03.13.17 W 0.23 feet,
S 87-23.59 E 16.65 feet;
Thence S 02.27-31 W 6.07 feet to the north right--of-way of Dickson Street; Thence along
said right--of--way N 870326W 17.55 feet to the point of beginning, containing 105.87
square feet, more or less, city of Fayetteville, Arkansas.
NORTHWEST ARKANSAS DEMOCRATGAZErTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NEWSPME16LLC THE MORNING NEWS OF EC
ERS
BENTTOHCOUNTY DAILY RECORD
212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479-4421700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, 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 5535
Was inserted in the Regular Editions on:
October 18, 2012
Publication Charges: $ 77.82
JO6LOQJ
Karen Caler
Subscribed and sworn to before me
This �2j day of Ott , 2012.
Notary Public
My Commission Expires: ti1iZ\2o t'k
_ten
awnviv. CATHY J. WILES ,�,
gentonCounty
MY CoTmis e0 2014 ,�
4wnunnRr$
RECEIVED
OCT 292012
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
YS"RD1NANCAE NO - - tdY;t
AN OADi"kS5AI CE APPROVING AC '12-420
SUf3MI1,TY LOCATED
AT
& ,,AIA FOR � j r
PROPERTY LOCATEDjAT 404 &14QS WEST
DICKSEASEMENT,
TT )%ACA'Tf p.I.ANQSCAPE E-
NT, City OTF.I.c kas5PRE$thea , ARKANSAS
WHEREAS, the City Couno Itas the authority �=
under A .A' § 44 54ID4*to vacate public grounds or<pocttdhstft$reofvrhich ater¢
not rQ9uired for cOjp /qtgg Ippses, rid
WHEREREAS; Me City Coiinml has'detennmed that the following deec bed porhon
ofthejplatted sldewali¢4as`ament i m4tregmred.for corporate Purpog ,
NOW, THEpEFOtiEBFX1,T,ORDAINED BY THE CITY COUNCIL O ITYw
OF FAME fE LEK I , ARN
Section 1 That the City Goftnal df{he City afl Fb te'tteyjlle Mtlisas₹=herreby:
vacgtas and abandons the fpllov pg descn
(attachetll:' > r ., ;?tc`h:b#B€
Sectionf2: THaYacopy yotJhfe Ordinance duly oettif{e'diby tffe C ty.GJ�$aloilgWith
the map attached and labeled Exhibit A shall be fit ,N;t erpffi g of fihe R rder
ofthe and recorded in the Deed Records e Coin ''b
Section 3: That this vacation approval is subject to the following Condition of
Approval and shall not be in effect until the condition is met
1. The vacated sidewalk easement shall be dedicated to the City of Fayetteville as
Right -of -Way by separate document.
PASSED and APPROVEDthis2nd.day pf,O tpl e 2
APPROVED. 1 ST x3;.Q�
By: w Y: x.. '
LIONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/1'reaabrer
Exhiblfsforthit ordinance may be viewed in the office of ip City OlerkfTreasurpr
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.