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Home My WebLink AboutOrdinance 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: 1151111111// ByZOAELD y: K/ T l/lii O , Mayor SONDRA E. SMITH, City Clerk/Trea��o:•�," p—1.((''11 :FAYETTEVILLE:71= s 9;QkANSPS•.�.' ;'OIN"O EXHIBIT "A" ` T IJ i ' the IV F 1 r R, -- 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 44 10 46 A 1 11 r 4 All X� �` t °�-- AMP UIQ' 1to= 1 1 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 sjSjjjj BREW ROGUE EXISTING 21ST a MENOMENT HREWSK3'S ROGUE 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