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HomeMy WebLinkAboutORDINANCE 5925113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5925 File Number: 2016-0467 VAC 16-5571 (WEST JUPITER DR./JUPITER DRIVE): ll«1��1111i1�111�i�l�lil�lill�l�lulllull��l�l�ll�11�414�1414�i11i1�111�lllfill Doc�(ind�.QORDTMAhcEQS8Q0Q4 TYP Recorded: Q1110'721/2017 at 08:58:37 All ka5hinAfon3Cts��tYa�All e I of 4 i Kyle svi�rest��i,,;,cV���+►J 17 t Clerk Fiie20 1 AN ORDINANCE TO APPROVE VAC 16-5571 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. TO VACATE A PORTION OF JUPITER DRIVE FROM MCGUIRE STREET TO THE AEP SUBSTATION. 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 street is not required for corporate purposes; and WHEREAS, Van Asche Drive has recently been built to four lane boulevard standards to replace Jupiter Drive and to connect McGuire Street and Ball Street; and WHEREAS, all property owners along Jupiter Drive have requested that Jupiter Drive be vacated from McGuire Street to the AEP Substation. 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 Jupiter Drive from McGuire Street to the AEP Substation as described in Exhibit B attached to the Planning Department's memo subject to the conditions in Section 3. 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. Page 1 Printed on 11116116 Ordinance: 5925 File Number: 2016-0467 Section 3. This vacation approval is subject to the following conditions of approval which all must be completed by the applicant to the satisfaction of the City prior to this vacation becoming final and prior to any damage or removal of the portion of Jupiter Drive to be vacated: 1. Any relocation or damage to utilities that could be caused by the removal or relocation of Jupiter Drive shall be at the owner/developer/applicant's expense. Any relocation of utilities shall be placed into a new easement satisfactory to the City. Owner/developer/applicant shall dedicate to the City any such new easement at owner/developer/applicant's expense. 2. The existing water main within or near the Jupiter Drive right of way must be maintained in good operational order until the owner/developer/applicant has at its expense properly constructed a replacement water main acceptable to the City with a properly dedicated easement and received formal acceptance of such fully functional and operational water main by the City. The owner/developer/applicant may not grade excavate or do other activities near the existing water main that could damage the water main until the City has accepted the replacement water main. 3. The Cox fiber line within or near the Jupiter Drive right of way shall be relocated at the owner/developer/applicant's expense and to Cox's satisfaction prior to any work being done on or near Jupiter Drive that could endanger this fiber line. 4. All of the owners of the vacated right of way property shall contractually agree in writing that upon or before 50% or more of the property they now own north of Van Asche Drive that is within the city limits of Fayetteville is approved by Final Plat or Large Scale Development, they will construct at their expense and dedicate to the City a public street connection between Ball Street and McGuire Street north of Van Asche Drive. Such contract, acceptable by the City, must be signed by all owners and/or authorized representatives of the owners of all land adjoining the current Jupiter Drive section to be vacated before this vacation can be final. PASSED and APPROVED on 11/15/2016 Approved: l..ioiicl Jordan, iwia nr � � r • l l'1 .'. FA TT�IIIi_Ll Attest: ZZ Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 11116116 16-5571 EXHIBIT 'A+ VAC 16-5571 JUPITER STREET J& I Close Up View NORTH SHULER DR 1 R-A i� N Legend - -� Planning Area _ Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint Feet 0 112.5 225 450 675 900 1 inch = 300 feet Residential -Agricultural C-2 C-3 16-5571 EXHIBIT B' LEGAL DESCRIPTION: (RIGHT OF WAY VACATION) A part of the SW1/4 of the NW1/4 and a part of the SE1/4 of the NW1/4 of Section 27, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said SW1/4, NW1/4, thence N02029'17"E 502.42 feet, thence S87030'43"E 3.63 feet to the POINT OF BEGINNING, thence N03030'46"E 143.63 feet, thence along a non tangent curve to the left 90.39 feet, said curve having a radius of 50.00 feet and chord bearing and distance of S49021'21"E 78.57 feet, thence N78051'24"E 57.16 feet, thence along a curve to the left 148.53 feet, said curve having a radius of 530.00 feet and a chord bearing and distance of N70049'42"E 148.04 feet, thence N62048'00"E 96.43 feet, thence along a curve to the left 132.03 feet, said curve having a radius of 1,780.00 feet and a chord bearing and distance of N60040'31 "E 132.00 feet, thence N58033'01 "E 203.88 feet, thence along a curve to the right 219.91 feet, said curve having a radius of 490.00 feet and a chord bearing and distance of N71 °24'27"E 218.07 feet, thence N84015'54"E 366.53 feet, thence along a curve to the right 388.27 feet, said curve having a radius of 5,220.00 feet and a chord bearing and distance of N86023'45"E 388.18 feet, thence N88031'36"E 243.33 feet, thence S01 °28'24"E 40.00 feet, thence S88031'36"W 243.33 feet, thence along a curve to the left 385.29 feet, said curve having a radius of 5,180.00 feet and a chord bearing and distance of S86023'45"W 385.20 feet, thence S84015'54"W 366.53 feet, thence along a curve to the left 201.96 feet, said curve having a radius of 450.00 feet and a chord bearing and distance of S71 °24'27"W 200.27 feet, thence S58033'01 "W 203.88 feet, thence along a curve to the right 135.00 feet, said curve having a radius of 1,820.00 feet and a chord bearing and distance of S60040'31"W 134.97 feet, thence S62048'00"W 96.43 feet, thence along a curve to the right 159.74 feet, said curve having a radius of 570.00 feet and a chord bearing and distance of S70049'42"W 159.21 feet, thence S78051'24' W 93.76 feet, thence along a non tangent curve to the left 65.62 feet, said curve having a radius of 50.00 feet and chord bearing and distance of S41 °15'35"W 61.01 feet to the POINT OF BEGINNING: Containing 1.79 acres more or less. Washington County, AR I certify this instrument was filed on 01 /11 /2017 08:56:37 AM and recorded in Real Estate File Number 2017- GOOOP17 Kyle Sylvester - Cl cult C rk by 113 West Mountain Street City of Fayetteville, Arkansas Fayetteville, AR 72701 f A* 'f`• tir,usi (479) 575-8323 l��ll�E 1 Text File `- — File Number: 2016-0467 Agenda Date: 11/15/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 VAC 16-5571 (WEST JUPITER DR./JUPITER DRIVE): AN ORDINANCE TO APPROVE VAC 16-5571 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. TO VACATE A PORTION OF JUPITER DRIVE FROM MCGUIRE STREET TO THE AEP SUBSTATION 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 street is not required for corporate purposes; and WHEREAS, Van Asche Drive has recently been built to four lane boulevard standards to replace Jupiter Drive and to connect McGuire Street and Ball Street; and WHEREAS, all property owners along Jupiter Drive have requested that Jupiter Drive be vacated from McGuire Street to the AEP Substation. 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 Jupiter Drive from McGuire Street to the AEP Substation as described in Exhibit B attached to the Planning Department's memo subject to the conditions in Section 3. 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. Section 3. This vacation approval is subject to the following conditions of approval which all must be completed by the applicant to the satisfaction of the City prior to this vacation becoming final and prior to any damage or removal of the portion of Jupiter Drive to be vacated: 1. Any relocation or damage to utilities that could be caused by the removal or relocation of Jupiter Drive shall be at the owner/developer/applicant's expense. Any relocation of utilities shall be placed into a new easement City of Fayetteville, Arkansas Page 1 Printed on 1111612016 File Number: 2016-0467 satisfactory to the City. Owner/developer/applicant shall dedicate to the City any such new easement at owner/developer/applicant's expense. 2. The existing water main within or near the Jupiter Drive right of way must be maintained in good operational order until the owner/developer/applicant has at its expense properly constructed a replacement water main acceptable to the City with a properly dedicated easement and received formal acceptance of such fully functional and operational water main by the City. The owner/developer/applicant may not grade excavate or do other activities near the existing water main that could damage the water main until the City has accepted the replacement water main. 3. The Cox fiber line within or near the Jupiter Drive right of way shall be relocated at the owner/developer/applicant's expense and to Cox's satisfaction prior to any work being done on or near Jupiter Drive that could endanger this fiber line. 4. All of the owners of the vacated right of way property shall contractually agree in writing that upon or before 50% or more of the property they now own north of Van Asche Drive that is within the city limits of Fayetteville is approved by Final Plat or Large Scale Development, they will construct at their expense and dedicate to the City a public street connection between Ball Street and McGuire Street north of Van Asche Drive. Such contract, acceptable by the City, must be signed by all owners and/or authorized representatives of the owners of all land adjoining the current Jupiter Drive section to be vacated before this vacation can be final. City of Fayetteville, Arkansas Page 2 Printed on 1111612016 City of Fayetteville Staff Review Form 2016-046 r - Legistar File ID 10/18120/6 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 9/30/2016 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 16-5571: Vacation (WESTJUPITER DR./JUPITER DRIVE, 171): Submitted byJORGENSEN & ASSOCIATES, INC. for properties located on WESTJUPITER DRIVE. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERCIAL and contain approximately 1.79 acres. The request is to vacate a portion of Jupiter Street. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Fay% —Ile ARKANSAS MEETING OF OCTOBER 18, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: September 30, 2016 SUBJECT: VAC 16-5571: Vacation (WEST JUPITER DR./JUPITER DRIVE, 171): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SE OF JUPITER ST. & MCGUIRE ST. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERCIAL and contain approximately 1.79 acres. The request is to vacate a portion of Jupiter Street. RECOMMENDATION: Planning Division staff and the Planning Commission recommend approval of VAC 16-5571 with the following conditions: Condition of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. A water line easement shall be retained in the amount of 10 feet on either side of the existing water line the is located along Jupiter Drive. 3. The Cox fiber line within the Jupiter Street right-of-way shall be relocated at the owner/developers expense prior to approval to vacate the street. Until the fiber line is relocated the right-of-way must remain. 4. A public street connecting Ball Street and McGuire Street, north of Van Asche Drive, shall be provided at the time of development. BACKGROUND: The subject property is the western portion of Jupiter Street in the northwest corner of the Fayetteville adjacent to the City of Johnson. Jupiter Street is an unimproved two-lane asphalt road providing an east -west connection between S. McGuire Street and S. Ball Street. The subject portion of street is located from McGuire Street to the SWEPCO electric substation on the north side of Jupiter Street; about 2,000 linear feet of street totaling 1.79 acres. Approximately one year ago the City of Fayetteville completed construction of Van Asche Drive from N. Gregg Avenue to Garland Avenue (State Highway 112) with a four and five lane sections and a median in some portions, 5-foot sidewalk along the north side of the roadway and a 10-foot shared use trail with Mailing Address: 113 W. Mountain Street mm.fayetteville-ar.gov Fayetteville, AR 72701 a 5-foot sidewalk along the south side of the roadway. This new portion of Van Asche Drive parallels the subject portion of Jupiter Street. As depicted on attached Exhibits 'A' and H, the applicant proposes close the subject section of Jupiter Street and vacate the right-of-way to facilitate future development of the area. DISCUSSION: On September 26, 2016 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-1-0 (Commissioner Quinlan) voted 'no'. Some commissioners discussed concerns with closing this active street prior to another street being constructed to provide additional connectivity, or at least being in the planning stages. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION _ ti FOR STAFF USE ONLY [Eer S200 00 Date Application Submitted: S n fee: $3.0o Date Accepted as Complete: S` ` Project Number-: PP9: Public Hearing Date: Tote: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant (person making request): Address; �---- Phone: Email: 1=a <: s Site Address 1 Location: Applicant ' lie resentative App p Representative (engineer, surveyor, realtor, etc.). Name.* L4;ext �'- i C -r Address. L) t Phone: Email: ._ Fax: �� i O � -��=!���� ���_ 1"• ��'�'.-�4'� e'er � � 2��ti� Legal description of area to a vacatedl attg4h separate sheet if necessary): Current Zoning District:_ Assessors Parcel Number(s) for subject property: �- ja C y ; 76-(--- — 15 7-7,7, — FINANCIAL INTERESTS The following entities and i or people have financial interest in this project: December 2014 Page 1 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (orinted): Date: Signature: PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed bi, the authori ed a ew a letter from each propertj, owner must he protided indicatink that the agent is audzuri ed to act o►r is/her behal :) I 'eOwners (attacha1 irr r:e Nrarne znte yress: Si Date: Xlellf. Phone: . `r Name (printed): Signature: Address: [late- Phone: 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 (2) Metes and bounds legal description of the area to be vacated, not the entire property (this 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 adjacent to the street right-of-way, alley, or easement to be vacated (this document is obtained from a title company). (8) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washinaton.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 2 16-5571 EXHIBIT 'A' 16-5571 EXHIBIT 'B' LEGAL DESCRIPTION: (RIGHT OF WAY VACATION) A part of the SW1/4 of the NW1/4 and a part of the SE1/4 of the NW1/4 of Section 27, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said SW1/4, NW1/4, thence NO2°29'17"E 502.42 feet, thence S87°30'43"E 3.63 feet to the POINT OF BEGINNING, thence NO3°30'46"E 143.63 feet, thence along a non tangent curve to the left 90.39 feet, said curve having a radius of 50.00 feet and chord bearing and distance of S49021'21 "E 78.57 feet, thence N78°51'24"E 57.16 feet, thence along a curve to the left 148.53 feet, said curve having a radius of 530.00 feet and a chord bearing and distance of N70°49'42"E 148.04 feet, thence N62°48'00"E 96.43 feet, thence along a curve to the left 132.03 feet, said curve having a radius of 1,780.00 feet and a chord bearing and distance of N60040'31 "E 132.00 feet, thence N58033'01 "E 203.88 feet, thence along a curve to the right 219.91 feet, said curve having a radius of 490.00 feet and a chord bearing and distance of N71024'27"E 218.07 feet, thence N84015'54"E 366.53 feet, thence along a curve to the right 388.27 feet, said curve having a radius of 5,220.00 feet and a chord bearing and distance of N86023'45"E 388.18 feet, thence N88031'36"E 243.33 feet, thence S01 028'24"E 40.00 feet, thence S88031'36"W 243.33 feet, thence along a curve to the left 385.29 feet, said curve having a radius of 5,180.00 feet and a chord bearing and distance of S86023'45"W 385.20 feet, thence S84015'54"W 366.53 feet, thence along a curve to the left 201.96 feet, said curve having a radius of 450.00 feet and a chord bearing and distance of S71 °24'27"W 200.27 feet, thence S58°33'01 "W 203.88 feet, thence along a curve to the right 135.00 feet, said curve having a radius of 1,820.00 feet and a chord bearing and distance of S60°40'31 "W 134.97 feet, thence S62048'00"W 96.43 feet, thence along a curve to the right 159.74 feet, said curve having a radius of 570.00 feet and a chord bearing and distance of S70049'42"W 159.21 feet, thence S78051'24"W 93.76 feet, thence along a non tangent curve to the left 65.62 feet, said curve having a radius of 50.00 feet and chord bearing and distance of S41 °15'35"W 61.01 feet to the POINT OF BEGINNING: Containing 1.79 acres more or less. CITY OF Tay0. vy'lo'lle ARKANSAS TO: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director September 26, 2016 (Updated with Planning Commission results) SUBJECT: VAC 16-5571: Vacation (WEST JUPITER STJJUPITER STREET, 171): Submitted by JORGENSEN & ASSOCIATES, INC, for properties located SE OF JUPITER ST, & MCGUIRE ST. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERCIAL and contain approximately 1.79 acres. The request is to vacate a portion of Jupiter Street. RECOMMENDATION: Staff recommends forwarding VAC 16-5571 with conditions of approval. BACKGROUND: The subject property is the western portion of Jupiter Street in the northwest comer of the Fayetteville adjacent to the City of Johnson. Jupiter Street is an unimproved two-lane asphalt road providing an east -west connection between S. McGuire Street and S. Ball Street. The subject portion of street is located from McGuire Street to the SWEPCO electric substation on the north side of Jupiter Street; about 2,000 linear feet of street totaling 1.79 acres. Approximately one year ago the City of Fayetteville completed construction of Van Asche Drive from N. Gregg Avenue to Garland Avenue (State Highway 112) with a four and five lane sections and a median in some portions, 5-foot sidewalk along the north side of the roadway and a 10-foot shared use trail with a 5-foot sidewalk along the south side of the roadway. This new portion of Van Asche Drive parallels the subject portion of Jupiter Street. Surrounding land use and zoning is depicted on Table 1. Table i Surrounding _Land Use and Zoning Direction from Site Land Use Zoning North r Undeveloped C-2, Thoroughfare Coinmercral _ C-3, Central Commercial South Undeveloped/New van Asche Chive — C-2 Thoroughfare Comrercial; corridor C-3, Central Commercial --East Undeveloped (City of Johnson) City of Johnson fl Industrial.) tl+lesf Industrial (City of Johnson) City of Johnson (I, indusiriap __ Proposal. The applicant proposes close the subject section of Jupiter Street and vacate the right- of-way to facilitate future development of the area. Planning Commission Mailing Address: September26, 2016 113 w. Mountain Street �'vww.fayettevi e-3'AgXda Item 4 Fayetteville, AR I2701 16-5571 Jupiter St. Page 1 of 19 DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the adjoining property owners, City utility departments and applicable franchise utilities, with the following responses: Adjoining Property Owners David Clark McClinton Southwestern Electric Power LIIAlt y Cox Communications Southwestern Electric Power Ozarks Electric Black Hills Energy AT&T Ozarks Electric City of Fayetteville Water/Sewer Transportation Recycling and Trash No objections No objections Response No objections with conditions No objections No objections No objections No objections No objections Response No objections with conditions No objections No objections The construction of Van Asche Drive was intended to serve the same east -west connection as the subject section of Jupiter Street. Given the completion of Van Asche it is appropriate to vacate Jupiter Street. The property owners that would be directly affected by the street closure do not object to the proposal. At the time the surrounding land develops, the City will review street access and connectivity as needed. Public Comment: No public comment has been received. Planning Commission September 26, 2016 G'EMIDevelopment Services Review120160evelopment RevieM16-5571 VAC w Jupiter St (Jupiter Street) 171 Agenda Item 4 k03 Planning Comm issiont09-26-20161CommenIs and Redlines 16-5571 Jupiter St. Page 2 of 19 RECOMMENDATION: Staff recommends forwarding VAC 16-5571 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. 2. A water line easement shall be retained in the amount of 10 feet on either side of the existing water line the is located along Jupiter Drive- 3- The Cox fiber line within the Jupiter Street right-of-way shall be relocated at the owner/developers expense prior to approval to vacate the street. Until the fiber line is relocated the right-of-way must remain. 4. Planning Commission added Condition of Approval #4 as noted below (09-26-16). Planning Commission Action: O Approved X Forwarded C1 Denied recommendation for approval) Meeting Date: September 26, 2016 Motion: Hoskins 4_ _A public street connecting Ball Street and McGuire Street, north of Van Asche Drive, shall be provided at the time of development. Second: Autry Vote: 8-1-0 (Commissioner Quinlan voted 'no') BUDGET/STAFF IMPACT: None. Attachments: ■ Request Letter • Petition to Vacate • Vacation Exhibit • Adjoining Property Owner • One Mile Map • Close Up Map and Utility Approvals Planning Commission September 26, 2016 G:'i 1"(,1r)eveiopwe.nt Services Revieav12016Tevelopment ^neviewA16-5571 VAG V'l .hipster St. (Jupiter Street) 171 Agenda Item 4 `:93 Pl ;nnsng Corrifnissionl09-26-2016tCornr3lents and Redlines 16-5571 Jupiter St Page 3 of 19 JORGENSEN +ASSOCIATES 8/3/16 City of Fayetteville 113 W Mountain Str. Fayetteville, AR. 72701 �24 LV -D scve 3UiU- 5 Vfflce 41'44429 Z s-ax- 4:13 582.zi>3Cr Att: Planning Dept. .qe: Vacate RJW of Jupiter Street This is information pertaining to the vacation of right of way of Jupiter Street from McGuine Street to the West side of the SWEPCO Electric Substation. All adjacent utilities easements will remain. The electric substation will still have access, Please call concerning any questions you may have. Thank you, Sincerely, Zav�idL. Jorgensen. P-E- Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 4 of 19 PETITION PETITION TO VACATE JUPITER STREET RIGHT-OF-WAY FROM MCGUIRE STREET TO WEST SIDE Of SWEPCO ELECTRIC SUBSTATION, CITY OF FAYETTEVILLE, ARKANSA5 fo: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the Right -of -Way hereinafter sought to be abandoned and vacated, lying in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said Right -of -Way which is described as follows: (SEE ATTACHMENT — EXHIBIT 'A') That the abutting real estate affected by said abandonment would not be adversely affected by this abandonment. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above described right of way (not the utility easements), and that the above described real estate be used for their respective benefit and purpose as now approved by law. WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the use of said Right -of -Way. Dated this f� r' day of r /tiG/' I " w Printud Signature I Printed Name Printed fume Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 5 of 19 Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St, Page 6 of 19 ADJACUN-r Miff,11TY OWNER NOTIFICATIONIAPPROVAL FOR-M FOR RIGHT- OF- WAV. ALLFVAND €ASFNIUN I'VACVf 1UNNUX(1ULSI-S -Subdivision I S N%M VACAIM rK4ified of the petition U0 v*CaM Ahc f0ftwiftg (dltdY- (laawde 109al desL?iP6,Wf "AdglaOilc MmewnLfion of wh ja is being Yacared) Af))A(,-LWT PROPERTY OWNERS COMMENTS, heVc "eanx)III'sed of the vc,14ct4j vacahojj and t1mli-ot to CDMIllcul. d& &It u6icct to the vw;aT; clvtwribcd above. 140 04Wim the rcqutswd vaution btcmw: T'Plltii '404%ur* of %6Ucvn' Property 016'llcr Awlis:vll: Name! Planning Commission September 26.2016 Agenda Item 4 16-5571 Jupiter St. Page 7 of 19 ADJAC'Ei\T PROPERI'Y OWNER N011FICATION APPRON'AL FORM FOR RIGH'i -O - WAY, ALLEY, AND EASEMENT VACATION REQMSTS Date: '1 9 lb Address - locatiari of vacation:--- -Adjacent property address: Lot: Block. _ - Subdivision, s REQUESTED VACATICS\: i have been notified of the petition to vacate the t'allowing (uflev. easement, desbri5ed as follows (Includelehul deneription ccndgrul)hic: represerttuliun of whul is being s,uculetl) AI)1;;( E\T PROPERTY OWNERS C:ONTIAENTS: 1 have been rotifief: of the requested VItcatiun atnd dLCline to cormnent. '.{ r clk) not ob,ec:t to the vacation described above. s do ohlrec t to die requested vaCatiOn 1,tcau,c; 'r.fjcCt �atrud•�+t WAdjs� nt 1'ro}.�cs , r.Sserier �lrrnrPse:l, r' ao�_-natw& oi'Adjacent Prcihcrty Owwr kpplicant Marne Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 8 of 19 ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORIM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION ItkQUFSTS Date: eI4 /b— Address :location o1 vacation; -_ J tP i+,?'r t f Adjacent property address: Lot: Block: �� Subdivision. REQUESTED V ACA TLONY I have been notified ofthe petition t.,) vacate the following Wfl*, eusvinena, righl-af-wryt, described as fof?ows: (Include legal description anal g!rraphic representation of wfact is being vacated) AMACEN] PROPER I"Y C)WN RS COMME';vTS: t have been notiried of the requested vacation and dectinu to cornment- I du not mbje r to the vacation described above. I tic object to the requested vacation because. r•rojQct Larne _ Name of Adjacent PrOn tti of rn?rr}+rrit,t_.!: Sigadturc of AtJkn:r,I Property Owner Apphctant \,tltte :'cis ntti r 'V � 1 hdya' Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 9 of 19 VNIATN AITROX-AL FOR-M. FOR A LLEY,AND I I NA Jlz EASUNIEN f VACATVJN5' DATT, ; b ti APPLI(- AN F! I 10\�' Im"', c.hv?:A dif fllaf apgh-- • SO"', -!10 Al ;,Ig 1174 f ieg-a 77-- Stakinq Tech. Ill Planning Commission September 26. 2016 Agenda Rem 4 16-5571 Jupiter St. Page 10 of 19 (TU.C[,l�y�uu �ro/+,��y,4�~/`�` `u u'^`,'JONm*wM*vv« ' =r^»^x/� `~ .' +."^a° - ' ./'r~^''x*`ee,"'x'°p=~,^wv'.�..,^—;, ~ .''^/='�. J +uu^~:`'cp~ .,.` —``' //., . _ --' — -- ----------- -- — -- Planning Commission September zn.2o10 Agenda Item 4 16-5571 Jupiter St. Page 1/m1n CPUT) APPRO� UA`()RN`x FOR RIGHT- OV- VV!',V. Al 1 F,�, AN;F" %Tt0N­ 0810512016 24" A-4 i IT; It iLSrLD VACAT111"N, �(aj3p fill"' In, a8 i ill -'A '—a!' ON' f4wir- ioiafickn Address i T T-i Cj) b?, T !!L�igrifpww C R if j if any AT&T facilities are damp qgd of rc�q it r luuatior will tLe ke of the property owner/ develge.r_ JEFF HAMILTON MGR 0SR Ping & En es Li Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 12 of 19 1 11.11 N 11,11IMN HMM It K I I. I I I- (M - Ns % % I 1 . NNIO -.1111% t• N'l M \I \v VHON,% I iVI* I I, III J I + J 4 14 3 "h-.1 ,-!I I I I r,•L lit I to i v. I J.F, I i f r' 10 11 A , , : "i­, ­ .1j,' ... t "o ­,i,; n hvsq., . so HI 1; $ , %, ". I - . u . , 4,. F , -x. i ji I . : 1, %, 0 1 1 Planning Commission September 26. 2016 Agenda Item 4 16-5571 Jupiter St. Page 13 of 19 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AIND UTILITY EASEMENT VACATIONS DATE: to tt13 ti t_.t)Is'IPA NY: `' la-"h. ?L I L; ;fler �APPI.ICA4T - AME: _G_ �"-- --i C..f_ t + « ._- --._ 1Pf*C:€L:!`i i" PHONE:- --'# REQUESTED VACA NON trrpplicant mast chrrk all that apply;: i ti ity Ewiemcnt Rig,, -It -of -way far alley or streets and aft Utility ea meets located within the vacated sight- of- way Alley Stree; right -viva+ I havc been aw fified if the petition W vacwc the f01l0oV1n sa'vy casement, ui:scrit}ed wi loth wv-: C;eoerallocation-Addresc L $;i'TTAC:11 iegal descripufm arjd graphic renreventarion or what is being vacated-SURVE1) ;{ 10 ,,)bjeetjcens ec the Eru,ai;;,nf . described ahov and no comments N objections tc the :acatiunfs described sbo,.e- XOvide� itasttns described easement, are retxirwi 'State the location, and P-UtPase be"Qw. s No obte'7:ija5 Lirovis-�# the ?otlowul ';�a adst, ms are mCt: sign attire u= t;tiiit 4lpa€l Tt nresdtttati,z __ Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 14 of 19 UTILITY APPROVAL FORM FOR PJGH'T- OF- WAY, ALLEY, AND UTILITY Y" EAS EMENI' VACATIUNS I-_"`fI3.1iY C'??tiii':i�F�" � n � r•C[. •c � k ••�"' �+�w.� �t `—� ��tr�:.7• a�•.,�` -}PPUCANIT °tiAN F<: tx_ [ e i' i�f APPLICA 1T PHONE: z —9 z 7 I REQUESTFL) V 1C:A rION (applicant mast check all that apply): Utility Easement night -of way for alley or streets and all utility easements located within the c"acat'U" way Alley Street =.'fight -of -way I have bmn :tarn€ed of the petition€ w vacate the following (al=e,, ;A descrior°d as ioiio s General loCaRio>!: Aclrlress t'A _ _.._,'.;.��2._�..�y:n_ ?_�� _ C �_.='� ?AT7`ACH legal descripfrtm -id graphic r epresetrialion of what is betng racuted S RE'f:'i' No ob ecilofts to iSe vacation(s) aescribed abovet and no comment=. %'o objections m the vacidon(s) desCrihed above, prrsvided rai'awlti i serif ed aisntenE are retairw'4 Ntate Elie 'Ucation,ditrensinns, and *tlt ase heiow,l ND oPs€ectiQrs prs�ta&t�i1 fire :ttilosxitlg cr,nalltio;Is are rrlet: n4 t:tSli % 1 ,t1I91r:lh' �Rcsnl W?tic r Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 15 of 19 UTIUTYAPPROVAL FORNI [-'Ojc jtl(�IIT-OF- WAV,.M.1,1M FAND UTILI 17Y E,.xSFMLNT V,,kC:k'fIONS t,;'TILITYCOMPANY: APPLK RSMIMPIO VACA HON (qWHCQM H?Mf chwk99 "If WyW Uglily Fasellwili Righll-t-f-'.vty fbafflc�, or ameb nd A MY nwillents locatzd `'41611 II?'.'. �ic-Aed ljgh- of- w-?y, AM I hme men md&d ME PORWn w VIR "L� 1) lb, Oym,w w dw ."Now A MEN am W 35 Ojwv"s w Ow vWwIrs) ii, saflb,_d :bHowmg dcarOW wacmaus 2w rwhW, (;;tAt'. Ills' pwr"�%5e -, yaammf ; AM 5 Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 16 of 19 UTILITY.AYFROVAL FORM I711_ITYFASEWVI°iAC.1"i'IONS = I,.Ff'i t €i11t' �11': 1 T G i{ J .. , � •rG l�il�F f' ! S& er%2 >YPI.It:1NT1VAMt:_17 tFfttAN[ sIIG�F: � "��A�� RLQUESTED VACATION (applicant miestehec•k all tharappts-•); Utility fiasernent Right-ot=way for alley car stne(s and all utility eascmertLs Mewed within the vatared right- of- way Alley Stmet right-of-way I have been notified of the petition (o vacate the following described as fn$Iaws: � L Generat lncation / Address - y' � - ,- -'r h < li tr. 'i �i 17S *I �•-.__ i �•�,y. - L. t:' - r � •,,�-i-. L ' 4• �''�1-a'tfi'i.�',.�s 'i 64TT.AC11legal description and graphic representation of what firing vacated-SURVEY1 t UILI FY COMPANY C"CtivlW' `TS• No objections to the vacation(5) described above, and no cu-mments ' rf' No objections to the vawfton(s) described above, provided 1611o=-sing dzxx bed easetftents are retained. (State the location, dimensions, and purpose below a ti (473> C• 11vC 5®T< / Ate st )r / STt kV47M Z. l/ t- No o€tjeetions pti'�vided fhe following, s ooditiowi cvc rract• ,rt Siynataftc• of lit+City t" .it .and Re p r e sen I ati v e Planning Commission September 26, 2016 Agenda Item 4 16-5571 Jupiter St. Page 17 of 19 VAC 16-5571 Close Up View SHULER DR Legend JUPITER STREET p i h R-A. V• ` Planning Area L — _1 Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet 0 112.5 225 450 675 900 1 inch = 300 feet Hi1-111,11a Residential -Agricultural C-2 C-3 Planning Con nission 2016 Agenda Item 4 16-5571 Jupiter St. Page 18 of 19 VAC 1E-5571 J'UP'ITE ' STREET One Mire view NORTH 0 0 125 025 05 Miles SHUI.FR DR Subject Property t Ix VI l 1 ■ 1 1 x ' I � � • E a� il• � � y1�� �t�rr r t ♦�.yf •_.. as - ti7 M< it 'q?'�� �,� , rr,ik • � . 9RIVATE JaS9TES`... RPM Legend 1 Planning Area L _ _1 Fayetteville City Limits , +aaN i►x@a t"Ma r5 . • .... Shared Use Paved Trail KESWINIIaI wUtr .PAYlLY �,;., w '` i 111I I Trail (Proposed) �.• Y ;:.;_,•�,, ,.. i X - 1 Design Overlay District :a Ln AH6A 18 rice l ,; L _ _ _: ' Piarimng Area ! Building Footprint m,rsr.'A k yc nrwnuvaY Fayeltet lle Uy Limits Planning Can m czeaptemb 6. ssion 2016 Agenda Item 4 16-5571 Jupiter St. Page 19 of 19 A•R 1 1 Democrat *Oazette AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat- Gazette, printed and published in Washington 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. 5925 Was inserted in the Regular Edition on: November 24, 2016 Publication Charges $210.60 aren aler Subscribed and sworn to before me This 21 day of -nbY , 2016. (�V, (A),�& Notary Public My Commission Expires: -*f z-v� CATHY WILES Arkansas - Benton County Notary Public - Cornm#/2397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit Invoice will be sent. RECEIVED DEC 02 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 5925 File Number: 2016-0467 VAC 16-5571 (WEST JUPITER DRAUPITER DRIVE): AN ORDINANCE TO APPROVE VAC 16-5571 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. TO VACATE A PORTION OF JUPITER DRIVE FROM MCGUIRE STREET TO THE AEP SUBSTATION. 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 street is not required for corporate purposes; and WHEREAS, Van Asche Drive has recently been built to four lane boulevard standards to replace Jupiter Drive and to connect McGuire Street and Ball Street; and WHEREAS, all property owners along Jupiter Drive have requested that Jupiter Drive be vacated from McGuire Street to the AEP Substation. 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 Jupiter Drive from McGuire Street to the AEP Substation as described in Exhibit B attached to the Planning Department's memo subject to the conditions in Section 3. 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. Section 3. This vacation approval is subject to the following conditions of approval which all must be completed by the applicant to the satisfaction of the City prior to this vacation becoming final and prior to any damage or removal of the portion of Jupiter Drive to be vacated: 1. Any relocation or damage to utilities that could be caused by the removal or relocation of Jupiter Drive shall be at the owner/developer/applicant's expense. Any relocation of utilities shall be placed into a new easement satisfactory to the City. Owner/developer/applicant shall dedicate to the City any such new easement at owner/developer/applicant's expense. 2. The existing water main within or near the Jupiter Drive right of way must be maintained in good operational order until the owner/developer/applicant has at its expense properly constructed a replacement water main acceptable to the City with a properly dedicated easement and received formal acceptance of such fully functional and operational water main by the City. The owner/developer/applicant may not grade excavate or do other activities near the. existing water main that could damage the water main until the City has accepted the replacement water main. 3. The Cox fiber line within or near the Jupiter Drive right of way shall be relocated at the owner/developer/applicant's expense and to Cox's satisfaction prior to any work being done on or near Jupiter Drive that could endanger this fiber line. 4. All of the owners of the vacated right of way property shall contractually agree in writing that upon or before 50% or more of the property they now own north of Van Asche Drive that is within the city limits of Fayetteville is approved by Final Plat or Large Scale Development, they will constrict at their expense and dedicate to the City a public street connection between Ball Street and McGuire Street north of Van Asche Drive. Such contract, acceptable by the City, must be signed by all owners and/or authorized representatives of the owners of all land adjoining the current Jupiter Drive section to be vacated before this vacation can be final. PASSED and APPROVED on 11/15/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73940087 Nov. 24, 2016