HomeMy WebLinkAboutORDINANCE 5878Doc ID: 017054300004 Type: REL
I
Kind: ORDINANCE
Recorded: 09/09/2016 at 09:23:29 AM
Fee Amt: $30.00 Page i of 4
Washington County, AR
Kyle SVlvester Circuit Clerk
File2016-00026322
113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5878
File Number: 2016-0255
VAC 16-5404 (1649 W. FARMINGTON ST./STEVENS):
AN ORDINANCE TO APPROVE VAC 16-5404 SUBMITTED BY ANGELA STEPHENS FOR
PROPERTY LOCATED AT 1649 WEST FARMINGTON STREET TO VACATE PORTIONS OF AN
ACCESS EASEMENT.
WHEREAS, in 2000 City Planning Staff requested that Angela Stevens vacate the Old Farmington Road
30 foot right of way to eliminate a dangerous traffic condition and because the City determined the
unimproved street was not needed and would not be improved by the City; and
WHEREAS, the only potential need for public access on this old street was for Solid Waste and
Recycling so that the vacation should have been conditioned upon such limited access easement; and
WHEREAS, the ordinance mistakenly left out the words which would have properly limited access only
for Solid Waste and Recycling trucks so now the owners cannot prevent dangerous cut through traffic
(including many student driven motor scooters) which has worsened the dangerous traffic situation which
the 2000 vacation of the 30 foot right of way was designed to prevent; and
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 access easement is not required
for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 618116
Ordinance: 5878
File Number: 2016-0255
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates the access easement as
described in Exhibit B attached to the Planning Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
PASSED and APPROVED on 6/7/2016
Attest:
Sondra E. Smith, City Clerk
Treasurer
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F AY ETT EVI LLE .
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Page 2 Printed on 618116
16-5404
EXHIBIT 'A'
VAC 16-5404 STEVENS A&L
Close Up View NORTH
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Planning Area
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Building Footprint 1 inch = 200 feet
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EXHIBIT "B'
16-5404
IE
LEGAL DESCRIPTION FOR WA 00-6
A part of the SW'/. of the SL'f. of Section 17, Township 16 North, Range 30 West,
City ofFayetteville, Washington County, Arkansasbeingmore particularly described
as follows:
That portion of Old Farmington Road which extends from Beechwood Ave. to
Eastern Ave. along the South line of Lots 1 through 6 of the Sunset Addition, Block
1, to the City of Fayetteville and along the North line of Parcels 1, 2 and 3 of the
Mitchell Oil property as filed in deed book 881 at page 410 and in deed book 1053
at page 105, at the Circuit Clerk's office, Washington County, Arkansas, said portion
of road beginning at the SW comer of lot 1 of said Sunset Addition, Block 1, (also
being the ACE corner ofthe intersection ofOld Farmington Rd. and Beechwood Ave.)
thence S 86*49'11" E 340.82 feet; thence S 02`4933" W 30.00 feet; thence N
86649' 11 W 340.71 feet; thence N 02'27'56" E 30.00 feet to the point of beginning,
wntaining 0.235 acres, more or less, and subject to a 20 foot sewer easement to be
in effect and centered along the existing sewer main located within the vacated street
right-of-way and a 15 foot general utility easement along the south ling of the
vacated right-of-way encompassing existing utilities along said south line.
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Washington County, AR
I certify this instrument was filed on
09/09/2016 09:23:29 AM
and recorded in 4 Estate
File Number 2 16-00 2 32
Kyle Sylveste - it 't C r
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
l++
Text File
File Number: 2016-0255
Agenda Date: 6/7/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D 2
VAC 16-5404 (1649 W. FARMINGTON ST./STEVENS):
AN ORDINANCE TO APPROVE VAC 16-5404 SUBMITTED BY ANGELA STEPHENS FOR
PROPERTY LOCATED AT 1649 WEST FARMINGTON STREET TO VACATE PORTIONS OF
AN ACCESS EASEMENT
WHEREAS, in 2000 City Planning Staff requested that Angela Stevens vacate the Old Fannington
Road 30 foot right of way to eliminate a dangerous traffic condition and because the City determined the
unimproved street was not needed and would not be improved by the City; and
WHEREAS, the only potential need for public access on this old street was for Solid Waste and
Recycling so that the vacation should have been conditioned upon such limited access easement; and
WHEREAS, the ordinance mistakenly left out the words which would have properly limited access
only for Solid Waste and Recycling trucks so now the owners cannot prevent dangerous cut through
traffic (including many student driven motor scooters) which has worsened the dangerous traffic
situation which the 2000 vacation of the 30 foot right of way was designed to prevent; and
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 access 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 the access
easement as described in Exhibit B attached to the Planning Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
City of Fayetteville, Arkansas Page 1 Printed on 6/8/2016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2016-0255
Legistar File ID
6/7/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/13/2016
City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
VAC 16-5404: Vacation (1649 W. FARMINGTON ST./STEVENS, 560): Submitted by ANGELA STEVENS for property
located at 1649 W. FARMINGTON ST. The property is zoned 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and
contains approximately 0.23 acres. The request is to vacate portions of an access easement.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance k
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
—Ile
Fay%4
MEETING OF JUNE 7, 2016
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
FROM: Quin Thompson, Current Planner
THRU: Andrew Garner, Planning Director
DATE: May 13, 2016
SUBJECT: VAC 16-5404: Vacation (1649 W. FARMINGTON ST./STEVENS, 560):
Submitted by ANGELA STEVENS for property located at 1649 W.
FARMINGTON ST. The property is zoned 1-1, HEAVY COMMERCIAL
AND LIGHT INDUSTRIAL and contains approximately 0.23 acres. The
request is to vacate portions of an access easement.
RECOMMENDATION: Planning staff and the Planning Commission recommend approval of VAC
16-5404 with the following condition:
Condition of Approval:
1. Any relocation or damage to utilities and associated new easement dedication shall be at
the owner/developer's expense.
BACKGROUND:
The subject property is located at the southeast corner of Martin Luther King Boulevard (MLK)
and Beechwood Avenue and contains approximately 0.23 acres in the 1-1 zoning district. The
property is developed with a metals powder coating company, which has been operating on the
site for many years. Tractor trailers routinely deliver and pick up goods at the address. Loading
and unloading is typically done with forklifts off of Old Farmington Street, a private drive.
In the year 2000, the City Council vacated the 30 feet of right-of-way (ROW) which was Old
Farmington Street, at the request of the applicant, in order to eliminate a dangerous traffic
condition. The Transportation Department found that the unimproved street was not needed and
would not be improved by the City. The Planning Commission recommended and City Council
approved the ROW vacation, finding that local traffic in this industrial area was unsafe.
A condition of the vacation required that an access easement be retained for the Solid Waste and
Recycling Division to serve the business and the adjacent church to the east (now demolished).
This access easement replaced the ROW and allows the general public full rights to cross this
property.
In recent years, multi -family development has occurred along Beechwood Avenue to the west
and south of this property, adding several hundred beds and the attendant traffic, most of which
travels north to MLK, creating significant traffic congestion during daylight hours. This has resulted
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
in a number of vehicles, including cars and scooters, turning right on the former Farmington Street
in order to access MLK. Staff visited the site on a weekday in April 2016, and witnessed at least
7 vehicles within 10 minutes using the access to avoid the intersection at Beechwood and MLK.
REQUEST: The applicant proposes to vacate the access easement known as Farmington Street,
as depicted in Exhibit'A' and described in Exhibit'B' to prevent public traffic crossing the property
where active forklift loading and unloading occurs. The adjacent landowner to the east (Monroe -
Eaton, LLC) has rights to use the easement, and objects to the vacation. They would like to retain
their access rights to allow their future development to connect to Beechwood Avenue. Monroe -
Eaton, LLC representatives did not attend the Planning Commission hearing.
DISCUSSION:
On May 09, 2016 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 8-1-0, with Commissioner Brown voting 'no'.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Application
• Planning Commission Staff Report
16-5404
EXHIBIT'A'
VAC 16-5404
Close Up View
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VENUS ST
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FARMINGTON STD
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Fayetteville City Limits
Feet
1
Shared Use Paved Trail
RO
0 75 150
300 450
600
C-2
Trail (Proposed)
UT
1 inch = 200 feet
Building Footprint
CS
s ord 4252
EXHIBIT'B'
16-5404
LEGAL DESCRIPTION FOR VA 00-6
A part of the SW '/, of the SE 1/4 of Section 17, Township 16 North, Range 30 West,
City ofFayetteville,Washington County, Arkm asbeingmoreparticularlydescribed
as follows:
That portion of Old Farmington Road which extends from Beechwood Ave. to
Eastern Ave. along the South line of Lots 1 through 6 of the Sunset Addition, Block
1, to the City of Fayetteville and along the North line of Parcels 1, 2 and 3 of the
Mitchell Oil property as filed in deed book 881 at page 410 and in deed book 1053
at page 105, at the Circuit Clerk's office, Washington County, Arkansas, said portion
of road beginning at the SW comer of lot 1 of said Sunset Addition, Block 1, (also
being the NE corner ofthe intersection of Old Farmington Rd. and Beechwood Ave.)
thence S 86*49'11" E 340.82 feet; thence S 02°40'33" W 30.00 feet; thence N
86649'11 W 340.71 feet; thence N 02'27'56" E 30,00 feet to the point ofbeginning,
containing 0.235 acres, more or less, and subject to a 20 foot sewer easement to be
in effect and centered along the existing sewer main located within the vacated street
right-of-way and a 15 foot general utility easement along the south ling of the
vacated right-of-way encompassing existing utilities along said south line.
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CITY OF FAYETTEVILLE, ARKANSAS
Right -of -Way, Easement or Alley
VACATION
FOR STAFF USE ONLY
— FEE. 5200.00
Data Application Submitted:
Sign Fee: $5.00
Dale Accepted as Complete:
S• ,4:
Projecl Number:
Public Nearing Dale:
f,,we:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placer! on the Planning Commission agenda until this information is furnished.
AnWication:
Indicate one contact person for this request: Y— Applicant Representative
Applicant (person making request): Representative (engineer, surveyor, realtor, etc.):
Namc: }"1C.i= .1 [.jt V1 Name:
Address: Z d oo -T Address:
Phone: ( VI) ';� % —:� )0 C11.5Phone: { )
Email- —T—bkcc-' e- Q) 1, 6" Fnia l: c� l:JdK?rr— -
Fax: { ) if G .T-8 / Fax: { )
Site Address / Location: f raf+Yl 6'r i t/ 16 d `1 6.1 r kki 1 Z'L" -6 vt
u
7C)
t
Legal description of area to be vacated (attach separate sheet if necessary): t
- E44
Current Zoning District: —T r
Assessors Parcel Number(s) for subject property:
FINANCIAL INTERESTS
The.following entities and 1 ar people have financial inm-cst in this project:
December 2014
Page /
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all d ta, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief; true nd correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application ce nypleteness, determination, or approval. I understand that the City might not approve what 1 am
applying for, or tight set conditions on approval.
PROPERTY OTYN R(S) /AUTHORIZED AGENT: I/we certify under penalty of peijury that I am/wc are the
owner(s) of the prop rty that is the subject of this application and that I/we have read this application and consent to
its filing. l 5I rneel b , the liuthorl ed a +enl a leper rrwn earls properti, owner nntsl he ros•irled indivalin • Mal
the agent is authorized to act on his/her behalf.)
Owners (irltuadditional info if n ecessa ry):
c-_I
Name (prig Y: 11If t f l? 3
tii�;naLll l'�; V
Date: ' al .6 j
Name (printed). !1, ei . l{ 4 t m -
Signature: ('rz"
'+
Date:
Address:
Phone: r; G' G ��
Addrs ss:
Phone: (ti T,).
Vacation Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
$200.00 application fee
$5.00 public notification sign fee
I(2) Metes and bounds legal description of the area to be vacated, not the entire property (this
r may be included on the survey plat).
(3) Survey of the site depicting the perimeter property lines and area within the property to
be vacated.
4) CD containing a copy of the legal description in MS Word and PDF copies of the signed
application and all other items submitted with this project.
(5) A surveyor should stake the area on the site to be vacated for utility company review on
their site visit.
(6) A letter addressed to the Planning Commission and City Council describing the scope,
nature, and intent of the request.
(7) Abstractor's Certificate of Ownership stating names of all owners of property adkjacent
to the street right-of-way, alley, or easement to be vacated (this document is obtained
from a title company).
(8) A copy ofthe county parcel map from the Washington County Assessor's office or from the
Washington County website (www.co.washington.ar.us). The subject property and all
adjacent parcels should be identified on this parcel map. The owner's name, official mailing
address, and the parcel number for every adjacent property shall be shown on this map.
December 2014
Page
CITY OF
FayI
ARKANSAS
TO:
FROM
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
May UPDATED 5/10/2016
SUBJECT: VAC 16-5404: Vacation (1649 W. FARMINGTON ST./STEVENS, 560):
Submitted by ANGELA STEVENS for property located at 1649 W.
FARMINGTON ST. The property is zoned 1-1, HEAVY COMMERCIAL
AND LIGHT INDUSTRIAL and contains approximately 0.23 acres. The
request is to vacate portions of an access easement.
RECOMMENDATION:
Staff recommends forwarding VAC 16-5404 to the City Council.
BACKGROUND:
The subject property is located at the southeast corner of Martin Luther King Boulevard (MLK)
and Beechwood Avenue and contains approximately 0.82 acres in the 1-1 zoning district. The
property is developed with a metals powder coating company, which has been operating on the
site for many years. Tractor trailers routinely deliver and pick up goods at the address. Loading
and unloading is typically done with forklifts.
In the year 2000, the City Council vacated the 30 feet of right-of-way (ROW) which was Old
Farmington Street, at the request of the applicant, in order to eliminate a dangerous traffic
condition on Farmington Street. The Transportation division found that the unimproved street was
not needed and would not be improved by the City. The Planning Commission recommended
and City Council approved the ROW vacation, finding that local traffic in this industrial area was
unsafe.
A condition of the vacation required that an access easement be retained for the Solid Waste and
Recycling Division to serve the business. This access easement replaced the ROW and allows
the general public full rights to cross this property.
In recent years, multi -family development has occurred along Beechwood Avenue to the west
and south of this property, adding several hundred beds and the attendant traffic, most of which
travels north to MLK, creating significant traffic congestion during daylight hours. This has resulted
in a number of vehicles, including cars and scooters, turning right on the former Farmington Street
in order to access MLK. Staff visited the site on a weekday in April, 2016, and witnessed at least
7 vehicles within 10 minutes using the access to avoid the intersection at Beechwood and MLK.
Surrounding land use and zoning is depicted on Table 1.
Mailing Address: Planning OrY1mfSSOTI
Ma, 2016
113 W. Mountain Street www.tayetteville
A�req9Item 2
Fayetteville, AR 72701- 16-5404 Stevens
Pagel of 23
Table 1
Sjirrminr]inn I and I Ica and 7nninn
Direction from Site
Land Use
Zoning
North
Drive-thru restaurants
C-2, Thoroughfare Commercial
South
Frisco Railroad ROW
1-1, Heavy Commercial and Light Industrial
East
West
Under Development
Equipment Rental
CS. Community Services
1-1, Heavy Commercial and Light Industrial/
CS. Community Services
Proposal: The applicant proposes vacation of an access easement to improve a dangerous traffic
condition on this industrial property.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments and applicable franchise utilities, with the following responses:
Adjacent Landowner to the East Response
Monroe Eaton, LLC Objects to the vacation
Utility
Cox Communications
AEP/SWEPCO
Source Gas
AT&T
Ozarks Electric
City of Fayetteville
Water/Sewer
Transportation
Recycling and Solid Waste
Response
No objections with conditions
No objections with conditions
No objections
No objections
No objections
Response
No objections with conditions
No objections
No objections
Public Comment:
An adjacent landowner to the east with rights to use this easement has stated that they do not
agree with the request. No other public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 16-5404 with the following conditions:
Conditions of Approval:
1. Any relocation or damage to utilities and associated new easement dedication shall be at
the owner/developer's expense.
Planning Commission
May 9, 2016
G:\ETC\Development Services Review\2016\Development Review\16-5404 VAC 1649 W Farmington St. Agenda Item 2
(Stevens) 560\03 Planning Commission\05-09-2016\Comments and Redlines 16-5404 Stevens
Page 2 of 23
2. The access easement shall be replaced by General Utility Easement.
Planning Commission Action: 0 Approved i] Forwarded
Meeting Date: May 05, 2016
Motion: AUTRY, MOTION TO APPROVE VACATION AS REQUESTED
Second: SELBY
Vote: 8-1-0, BROWN VOTED'NO'
BUDGET/STAFF IMPACT:
None.
Attachments:
■ Request Letter
■ Petition to Vacate
■ Utility Approvals
■ Easement Vacation Exhibits
■ Ordinance #
■ One Mile Map
■ Close Up Map
O Denied
Planning Commission
May 9, 2016
G:\ETC\Development Services Review\2016\Development Review\16-5404 VAC 1649 W. Farmington St. Agenda Item 2
(Stevens) 560\03 Planning Commission\05-09-2016\Comments and Redlines 16-5404 Stevens
Page 3 of 23
7 J
ORDINANCE NO.4252
FILED FOR RECORD
AN ORDINANCE APPROVING VA00-6.00 TO` APC TE AND'r'1 41
ABANDON A PORTION OF CITY RIGHT-0F,-W4%tQMT1P 00 AR
AT OLD FAPA41NGTON RD., BETWEEN BEEcifwg9IA A-V.� S S
AND EASTERN AVE., SUBMITTED BY JOE AND ANGELA
STEVENS.
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public
grounds 3r portions thereof which are not required for corporate purposes, and
WHEREAS, the City Council has determined that the following described 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 of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described right-of-
way:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be
filed in the office of the Recorder of the County and recorded in the Deed Records of the County.
Section 3. That the above is contingent upon receiving the following: Dedication of the
current 30' right-of-way as a general utility and access easement and dedication of a 15' utility
eascmWJcFpte0 adjacent and parallel to the north side of the existing 30' right-of-way.
ML .
pD APPRO V)ED tivs 5 day of July 2000.
APPROVED:
ffl',iffledlHanna, Mayor
ATTEST:
By
Heather Woodruff, City Woodruff, Cler��
Planning Conimissit rr
May 9, 20 6
Agenda Ite 2
16-5404 Stevens
Page 4 of 23
VA 00-06.00
Page IP
FAYETT.EVILLE
THE CITY OF FAYETTEViLLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
PC Meeting of 12 June 00
TO� Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: June 8, 2000 (Revised June 12, 2000)
Street Right of Way vacation
.foe & Angela Stevens
Project: VA 00-06.00: Vacation (Stevens, pp 521) was submitted by Joe & Angela Stevens
for property located at 1629 Old Farmington Road. The request is to vacate the 30' unimproved
street right of way for Old Farmington Road located between Beechwood Avenue and Eastern
Street.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
Ozarks Electric - No service in area.
Southwestern Electric Power Company - No Objections provided that a 20' Utility Easement
and access is retained to "protect existing overhead facilities along both sides of the
existing street."
Arkansas Western Gas - No objections provided that a 15' Utility Easement is retained for
Lots 1- 4, Block 1, part of Sunset Addition parallel and adjacent to existing south
property line. Also, retain a 15' Utility Easement for Lots 5 & 6, Block 1, part of
Sunset Addition, center of easement being located where first line is laid."
SW Bell - No objections provided that easement rights are retained for the existing buried
cable in the right-of-way.
Cox Communications - No objections.
Cit3, of Fayetteville:
Water/Sewer - No objections provided that the vacated right-of-way is retained as an utility
easement for the existing sewer line and future water
Street Department - No objections.
Solid Wasre - No objections provided that the vacated right-of-way is retained as an access
easement for waste disposal vehicles, and is maintained in its current condition. did ((}rigir:ally the
Division dl�prove of this request, however, after meeting the
Soled Wasre
Planning ,staff on -site the above mentioned condition satisfies all requirements of the Solid applicant and
Waste Division.)
The applicant has submitted the adjacent property owner notification forms as required. All
adjacent property owners stated that they had no objection to the proposed vacation.
Planning C on'M'S'sin
May9,26
Agenda Ite2
16-5404 Stevens
Page 5 of 23
VA 00-06 00
Page 2
11
Recommendation: Approval of street right•of way vacation subject to the fallowing
conditions:
I. The existing 30' right-of-way shall be retained as a general utility easement.
2• A W (IS') Utility Easement shall be dedicated that is located adjacent and parallel to
the north side of the 30' right-of-way.
�.au
Soitfl'rsit�,a dreate�#h t�ar:?tl
tt'L[Ctttr
4. The existing 30' right-of-way shall be retained as an access easement and shall be
maintained in its current condition in order
waste disposal vehicles. to provide an appropriate route for solid
T'he changes noted above were made at the request of the petitioner and with the approval of
SWEPCO - the utility which originally made the easement requests.
PLANNING COMMISSION ACTION: ___yes Required
`Approved Denied
Date: 6/ voo
CITY COUNCIL ACTION: _ Yes TRequired
Approved -Denied t
Date: / i P
Comments: '
The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the
entity requesting approval of this right -or --way vacation.
Name:
Date:
Planning Commisin
May 9, 2Agenda Ile2
16-5404 Stevens
Page 6 of 23
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Angela Stevens
429 E Sutton Street
Fayetteville, AR 72701
4/8/16
City of Fayetteville Planning Commission and Fayetteville City Council
Fayetteville, Arkansas
Dear City of Fayetteville Planning Commission and Fayetteville City Council:
In 2000 at the request of the Fayetteville Planning Commission we went through the
process for the right-of-way to be vacated and to close the 1600 block of Farmington Street
(it runs between Beechwood through Eastern) in Fayetteville. It was the determination of
planning that this portion of the road did not meet city street standards and to bring it up
to standard would be pointless now or in the future and they also wanted to increase the
public safety on the property, there were real concerns that the nature of the business on this
portion of street would have safety issues if the public used it.
In time since this street vacation the area around our business has changed with growth.
The traffic flow has increased on MLK. We now have up to 700 beds to the west of us
and up to 700 beds to the south of us in student housing. The 1600 block of what was
formally W. Farmington Street has become a cut through for mopeds and vehicles; we
have students and general public travelling through the property to avoid traffic congestion at
MLK and Beechwood. It is a very unsafe situation given the nature of our business on this site.
Not only does it expose the people choosing to use it as a cut through to harm, it exposes our
business, our customers, and our employees to risk when we are out working on fork lifts and
when we have large truck deliveries taking place.
Originally solid waste requested an access easement for trash pickup purposes ( they no
longer require this access), when the ordinance was written an access easement was platted
so that solid waste could have access to the dumpster but the language made it a general access
easement instead of a solid waste access. Now 1 am responsible for maintenance of what was
formerly a city street but also have the liability of public use, 1 have no control of personal
property that I pay taxes on.
My request is for the City to vacate the general access easement, so I can responsibly control and
use my property and insure the safety of my customers, my employees and the general public.
I am not requesting vacating the utility easements, and I will always work with those various
entities to provide the access they require to do their utilities work.
Sincerely, ` r
Angela Stevens'`
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 10 of 23
Angela Stevens
429 E Sutton Street
Fayetteville, AR 72701
4/8/16
Fayetteville City Planning Commission and Fayetteville City Council
Fayetteville, Arkansas
Dear Fayetteville City Planning Commission and Fayetteville City Council:
We personally delivered the " Adjacent Property Owner Notification / Approval form" to Ryan Fowler of
Monroe Eaton LLC on 3/30/16. 1 texted him on 4/6/16 asking if he would email or drop the form back to
me. I followed up with 0 call leaving a message on 4/08/16. 1 have not received the form back from the
adjacent properly own r.
Thank you,
Angela Stevens V
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 11 of 23
SAMPLE PETITION*
PETITION TO VACATE A(N) (alley, easement, right-of-way) LOCATED IN (lot, block, subdivision), CITY
OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the (alley, easement, right-of-way) hereinafter
sought to be abandoned and vacated, lying in (lot, block, subdivision), City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate a(n) (alley, easement, right-of-way) which is described as follows:
(Legal Description of area to be vacated)
That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision of each adjoining
lot to the area requested to be vacated) City of Fayetteville used by the public for a period of many years, and that
the public interest and welfare would not be adversely affected by the abandonment of the portion of the above
described (alley, easement, right-of-way).
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject, however, to the existing utility easements and sewer easements as required, and that the above described real
estate be used for their respective benefit and purpose. as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that
title to said real estate sought to be abandoned be vested in the abutting properly owners as provided by law, and as
to that particular land the owners be free from the easements of the public for the use of said alley.
Dal this j4 day of t _ . ► _ 24 lY1 .
A a_
Printed Name
Signature
* Note: This is a sample - each applicant is responsible for submitting a
petition which accurately reflects their specific request.
December 2014
Page .1
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 12 of 23
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 3/22/16
UTILITY COMPANY: AT&T
APPLICANT NAME: Angela and Joel Stevens APPLICANT PHONE: 479-263-7065
REQUESTED VACATION (applicant must check all that apply):
A Access Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
i Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), desc-sibed as follows:
General location / Address
1600 block in the area of the former W. Farmin on From Beecl7woad to Eastern
(ATTACH legal description and graphic representation ofw1satisbeing Yaaeate LSLRI'LEV
UTILITY COMPANY COMMENTS:
DX No objections to the vacation(s) described above, and no comments.
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:
Sil; tr-'-'Ftdtaky Company Representative
MGR OSP Ping & Engrg Design
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 13 of 23
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 3%?2!1k
UTILITYCOMPANY: (. Olk 4mMILVIi CCIA-10 Y)
APPLICANT NAME: Angela and Joel Stevens APPLICANT PHONE: 479-263-7065
REQUESTED VACATION (applicant must check all that apply):
Access Easement
_. Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street rigbt-of-way
I have been notified of the petition to vacate the following (alley, easement, right -of -tray), described as follows:
Greter�i;m►tion l Addrrss
1600 block in the area of the former W. Farmington from Bcechwood to Eastern
7 (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
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:
Any—dcmgsx� ;o ae _ re,1&4,b: n rl? na.r r��sft_n_� 0a&"/.RS WYl be, 0-4- der "r aw'lirf
Signature of Utility Company Representative
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 14 of 23
DA'rE: 31,22A-6
UTILITY COMPANY
APPLICANT NAME:
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Bin Le
Angela and Joel Stevens APPLICANT PHONE: 479-263-7065
REQUESTED VACATION (applicant must check all that apply):
Access 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
1600 block in the area of the former W. Farmington from Beechwood to Eastern
❑ (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
19 No objections provided the following conditions are met:
Signature of Utility Company RepmsentativA
se /''bum ' �V�'s�Gti� V lt�'4"%afw5
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 15 of 23
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 3/22/16
UTILITY COMPANY: O ZA---
APPLICANT NAME: Angela and Joel Stevens APPLICANT PHONE: 474-263-7065
REQUESTED VACATION (applkant must check awl ghat apply):
0 Access Easement
11 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
a Alley
U Strect 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
16M block in the area of the former W. Farmington from Beechwood to Eastern
O /ATTACH legal descrlpgon and graphic representation of what Is being vacated -SUN VEI j
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacatian(s) dwm'bed above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
5 No objections provided the following conditions are met:
Signature of Utility Company Representative
djtl 1, /E
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 16 of 23
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 3/22/16
UTILITY COMPANY:
APPLICANT NAME: Angela and Joel Stevens APPLICANT PHONE: 479-263-7065
REQUESTED VACATION (applicant must check all that apply):
- Access 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
1600 block in the area of the former W. Farmington from Beechwood to Eastern
it (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
el",
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objectionk provided the following conditions are met:
Signat fe 64* Utility Company Representative
J )jJ) a I -
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 17 of 23
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
iaA.—I E: 3/22i iu
UTILITY COMPANY: A-F SWFpco
APPLICANT NAME: Angela and Joel Stevens APPLICANT PHONE: 479-263-7065
REQUESTED VACATION (applicant must check all that apply):
X Access Easement
O Right-of-way for alley or streets and all utility easements located within the vacated right- of- way,
U Alley
0 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
1600 block in the area of the former W. Farmington from Beechwood to Eastern
❑ (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
D No objections to the vacation(s) described above, and no continents.
X No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below,)
Ll No objections provided the following conditions are met:
Signature olyAliry Company Representative
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 18 of 23
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: } "� �.i? 14
UTILITY COMPANY:
APPLICANT NAME: V - Ir bw'6 I'PLICANT PHONE:
REQUESTED VACATION fppplicant must check gg that apply):
Utility 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_bave been nntifiedofthe netition to vacate the following (alley- easement, right-of-way), described as follows:
General location iAddress i 00 &efyJt .itt s: t }e ti
0 ` G■ � '' � " c �— P LJ a 5 a 0 T' r7— - a D 2T�
❑ (ATTACH legal description an graphic representation of what Is being vacated-SURVE19
LTf-LLM COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
NeD
Title
December 2014
Page 5
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 19 of 23
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
'CMLIIN EAJEMEM VILC'A;TIONS
DATE: 3/22/ 16
UTILITYCOMPANY:
t
APPLICANT NAME: Angela and Joel Stevens APPLICANT PHONE: 479-263-7065
REQUESTED VACATION (applicant must check all that apply):
❑ Access Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
El 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
[600 block in the area of the fanner W. Fannin +tot? from Beeehwood to Easteni
❑ (ATTACH legal description q? d graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
Ids No objections to the vacation(s) described above, and no comments.
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:
S gn'pure of U aity Company Representative
.%�.?'�'F^�xs� ,L7,,�S kYfl�f•+c3,1 ,1�/�1�71"i'rt.�
p
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 20 of 23
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DAZE: 3122J16
UTILITY COMPANY: e ry PF A y/rtr&-P/,,aa 7'xz G�W
APPLICANT NAME: Angela and Joel Stevens APPLICANT PHONE: 479-263-7065
REQUESTED VACATION (applicant must check all that apply):
jd'*� Access 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
1000 block in (lie area of the fortnelr W. E arrrYin lon from Beechwood to Eastem
❑ (ATTACH legal description and graphic representation of what is being vacated-4URVEI)
UTILITY COMPANY COMMENTS:
❑ No objections to the vocation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below,)
,4w"
T'/ e, / --l"?
��-, �`� "rya/. i ?2�R
(I No objections provided the following conditions are met:
5ignillure of Ulilily Com ty Representative
Planning Commission
May 9, 2016
Agenda Item 2
16-5404 Stevens
Page 21 of 23
Agenda Item 2
16-5404 Stevens
Page 22 of 23
VAC 16-5404
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Planning Co mission
MaJ9, 2016
Agenda Item 2
16-5404 Stevens
Page 23 of 23
NoRTHWESTARKANsAs
VeMOM-L
FAX 47u 69ti 17 :,fJJt ^,..;JACi.; .Oi:'
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5878
Was inserted in the Regular Edition on:
June 16, 2016
Publication Charges $ 123.50
(�,r, 4" 1 A 4n
Cathy Wiles
Subscribed and sworn to before me
This -20 day of 3VAL , 2016.
I�, Dads
Notary Public
My Commission Expires:_?/ZIZ�'-
ASHLEY DAVIS
Arkansas - Washington County
Notary Public - Comm# 12694247
LMy Commission Expires Jul 2, 2025
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
r�E, VED
SUN 22 2016
Y OF FAYETT
CI
CWE Ws pFFICEE
Ordinance: 5878
File Number: 2016-0255
VAC 16-5404 (1649 W. FARMINGTON
ST./STEVENS):
AN ORDINANCE TO APPROVE VAC 16-
5404 SUBMITTED BY ANGELA
STEPHENS FOR PROPERTY LOCATED
AT 1649 WEST FARMINGTON STREET
TO VACATE PORTIONS OF AN
ACCESS EASEMENT.
WHEREAS, in 2000 City Planning Staff
requested that Angela Stevens vacate the
Old Farmington Road 30 foot right of way
to eliminate a dangerous traffic condition
and because the City determined the
unimproved street was not needed and
would not be improved by the City; and
WHEREAS, the only potential need for
public access on this old street was for Solid
Waste and Recycling so that the vacation
should have been conditioned upon such
limited access easement; and
WHEREAS, the ordinance mistakenly left
out the words which would have properly
limited access only for Solid Waste and
Recycling trucks so now the owners cannot
prevent dangerous cut through traffic
(including many student driven motor
scooters) which has worsened the dangerous
traffic situation which the 2000 vacation of
the 30 foot right of way was designed to
prevent; and
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
access 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 the
access easement as described in Exhibit B
attached to the Planning Department's
memo.
Section 2. A copy of this Ordinance duly
certified by the City Clerk along with the
map attached as Exhibit A to the Planning
Department's memo shall be filed in the
office of the Washington County Circuit
Clerk.
PASSED and APPROVED on 6/7/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73736561 June 16, 2016