HomeMy WebLinkAboutORDINANCE 6035113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6035
File Number: 2018-0051
111111111111I111IlIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 017928800004 Type: REL
Kind: ORDINANCE
Recorded: 03/26/2018 at 08:53:29 AM
Fee Amt: $30.00 Pape 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2018-00008226
VAC 17-5977: (357 S. WEST AVE./LOT 3-FERGUSON'S ADDITION):
AN ORDINANCE TO APPROVE VAC 17-5977 FOR PROPERTY LOCATED AT 357 SOUTH WEST
AVENUE TO VACATE A PORTION OF AN UNDEVELOPED STREET RIGHT-OF-WAY AND A
PORTION OF AN ALLEY RIGHT-OF-WAY
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 portions of street and alley
rights-of-way are 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 portions of street and
alley rights-of-way 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.
Section 3. This vacation approval is subject to the following condition:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
PASSED and APPROVED on 2/6/2018
Page 1 Printed on 2!1/18
Ordinance: 6035
E A/ i 1
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 217118
VAC 17-5977 LOT 3 FERGUSON'S ADDITION 175977
Close Up View EXHIBIT W
RMF -24 (�I
R -o P-1
RSF-4
Pill
RSF-7
RMF -4a
I-1
RIE ST
$T
Legend
Planning Area
S
Fayetteville Cit Limits
�_-- Y Y
Shared Use Paved Trail
Trail (Proposed)
Building Footprint
Feet
0 75 150 300 450 600
1 inch = 200 feet
A&
NORTH
RSF-4
RSF-7
RMF -24
RMF -4O
1-1 Heavy Commercial and Light Industrial
Residential -Office
C-2
Main Street Center
Downtown General
Neighborhood Conservation
P-1
17-5977
EXHIBIT 'B'
SURVEY DESCRIPTION:
A PART OF LOT NUMBERED THREE (3), IN BLOCK NUMBER TWENTY-TWO
(22), OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -
WIT: BEGINNING AT AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF
SOUTH WEST AVENUE WHICH IS S02048'03 "W 119.11' FROM THE NORTHEAST
CORNER OF SAID LOT 3 AND RUNNING THENCE ALONG SAID RIGHT-OF-
WAY S02048'03"W 58.74', THENCE LEAVING SAID RIGHT-OF-WAY
N87012'54"W 32.12', THENCE N12°59'08"W 60.57', THENCE S87044'50"E 48.60', TO
THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
PORTION OF SOUTH WEST AVE. TO BE VACATED:
A PART OF SOUTH WEST AVENUE PLATTED STREET RIGHT-OF-WAY IN
BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON
THE WEST RIGHT-OF-WAY OF SAID SOUTH WEST AVENUE WHICH IS
S02048'03 "W 119.11' FROM THE NORTHEAST CORNER OF LOT 3, OF SAID
BLOCK TWENTY-TWO (22) AND RUNNING THENCE S87°44'50"E 20.52' TO AN
EXISTING REBAR ON THE WEST MASTER STREET PLAN RIGHT-OF-WAY OF
SOUTH WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S03°17'53"W
58.93', THENCE LEAVING SAID RIGHT-OF-WAYN87°12'54"W 20.01', THENCE
N2048'03"E 58.74' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES,
MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
PORTION OF PLATTED 30' ALLEY TO BE VACATED.
A PART OF A PLATTED 30' ALLEY IN BLOCK NUMBERED TWENTY-TWO (22),
OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02048'03"W 119.11' AND N87044'50"W
48.60' FROM THE NORTHEAST CORNER OF LOT 3, OF SAID BLOCK TWENTY-
TWO (22) AND RUNNING THENCE S12°59'08"E 60.57', THENCE N87°12'54"W
28.90' TO AN EXISTING REBAR, THENCE N13°23'14"W 60.41' TO AN EXISTING
REBAR, THENCE S87°44'50"E 29.26' TO THE POINT OF BEGINNING,
CONTAINING 0.04 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS
AND RIGHTS-OF-WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
03/26/2018 08:53:29 AM
and recorded in Real Estate
File Number 2018-000 26
Kyle Sylvester - Circui lerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Text File
File Number: 2018-0051
Agenda Date: 2/6/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 5
VAC 17-5977: (357 S. WEST AVEJLOT 3-FERGUSON'S ADDITION):
AN ORDINANCE TO APPROVE VAC 17-5977 FOR PROPERTY LOCATED AT 357 SOUTH WEST
AVENUE TO VACATE A PORTION OF AN UNDEVELOPED STREET RIGHT-OF-WAY AND A
PORTION OF AN ALLEY RIGHT-OF-WAY
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 portions of street and alley
rights-of-way are 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 portions of street and
alley rights-of-way 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.
Section 3. This vacation approval is subject to the following condition:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's
expense.
City of Fayetteville, Arkansas Page 1 Printed on 217/2018
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2018-0051
Legistar File ID
2/6/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/19/2017 City Planning/
Development Services Department
Submitted Date Division / Department
Action Recommendation:
VAC 17-5977: Vacation (357 S. WEST AVE./LOT 3-FERGUSON'S ADDITION, 523): Submitted by ROY BLAIR for
property at 357 S. WEST AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.07
acres. The request is to vacate a portion of a undeveloped street right-of-way and a portion of an alley right-of-
way.
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 O
FA`'IETTEVLLE
ARKANSAS
MEETING OF FEBRUARY 6, 2018
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, Planning Director
FROM: Harry Davis, Current Planner
DATE: January 19, 2017
SUBJECT: VAC 17-5977: Vacation (357 S. WEST AVE./LOT 3-FERGUSON'S
ADDITION, 523): Submitted by ROY BLAIR for property at 357 S. WEST
AVE. The property is zoned DG, DOWNTOWN GENERAL and contains
approximately 0.07 acres. The request is to vacate a portion of a
undeveloped street right-of-way and a portion of an alley right-of-way.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of VAC 17-5977 with the following
condition of approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
BACKGROUND:
The subject property is undeveloped right-of-way at 357 S. West Avenue. West Avenue has
excessive right-of-way adjacent to this property and there is undeveloped alley right-of-way on
the western portion of the property. These rights-of-way total approximately 0.07 acres. The
Master Street Plan classifies this portion of West Avenue as a Residential section which is
intended to include two driving lanes, sidewalks, and trees within a 43 -foot right-of-way. This
section of West Avenue has not been full improved. The unbuilt right-of-way to the rear of the
property was once part of a larger section of right-of-way that has been mostly vacated and is
unused.
Proposal: The applicant proposes to vacate a section of the excess right-of-way along West
Avenue and the unbuilt, 30 -foot wide right-of-way at the rear of the property, as shown in the
attached Exhibits A and B.
DISCUSSION:
On November 13, 2017, the Planning Commission forwarded this item to the City Council with a
recommendation for approval as part of the consent agenda with a vote of 9-0-0. This agenda
request was delayed until the applicant submitted adequate legal descriptions, which have been
provided.
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Application
• Planning Commission Staff Report
VAC 17-5977 LOT 3 - FERGUSON'S ADDITION 17-5977
Close Up View EXHIBIT 'A'
RAW -x4
R -O
RSF-4
RSF-7
R41F4II
nYl
FKAIRIE ST
NC
P -t
W
a
I
I W
W
Q
7 Z
-
4
LU
W
0
MARTIt ,LUT ER-KINI
Legend
1
' Planning Area
Fayetteville City Limits
Feet
Shared Use Paved Trail
Trail (Proposed) 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
SOUTH ST
W
a
J
O
O
2
YELL BLVD
5TH ST
�I
Z
W
NORTH
:S=-4
RSF-7
RMF -2A
RMF -n0
1-1 Heavy Commercial and Light Industrial
Residential -Office
C-2
Main Street Center
Downtown General
Neighborhood Conservation
P-1
17-5977
EXHIBIT 'B'
SURVEY DESCRIPTION:
A PART OF LOT NUMBERED THREE (3), IN BLOCK NUMBER TWENTY-TWO
(22), OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -
WIT: BEGINNING AT AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF
SOUTH WEST AVENUE WHICH IS S02048'03 "W 119.11' FROM THE NORTHEAST
CORNER OF SAID LOT 3 AND RUNNING THENCE ALONG SAID RIGHT-OF-
WAY S02048'03"W 58.74', THENCE LEAVING SAID RIGHT-OF-WAY
N87012'54"W 32.12', THENCE N12°59'08"W 60.57', THENCE S87°44'50"E 48.60', TO
THE POINT OF BEGINNING, CONTAINING 0.05 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
PORTION OF SOUTH WEST AVE. TO BE VACATED:
A PART OF SOUTH WEST AVENUE PLATTED STREET RIGHT-OF-WAY IN
BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON
THE WEST RIGHT-OF-WAY OF SAID SOUTH WEST AVENUE WHICH IS
S02048'03 "W 119.11' FROM THE NORTHEAST CORNER OF LOT 3, OF SAID
BLOCK TWENTY-TWO (22) AND RUNNING THENCE S87°44'50"E 20.52' TO AN
EXISTING REBAR ON THE WEST MASTER STREET PLAN RIGHT-OF-WAY OF
SOUTH WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S03°17'53"W
58.93', THENCE LEAVING SAID RIGHT-OF-WAY N87° 12'54"W 20.01', THENCE
N2048'03"E 58.74' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES,
MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
PORTION OF PLATTED 30' ALLEY TO BE VACATED:
A PART OF A PLATTED 30' ALLEY IN BLOCK NUMBERED TWENTY-TWO (22),
OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02048'03 "W 119.11' AND N87044'50"W
48.60' FROM THE NORTHEAST CORNER OF LOT 3, OF SAID BLOCK TWENTY-
TWO (22) AND RUNNING THENCE S12059'08"E 60.57', THENCE N87012'54"W
28.90' TO AN EXISTING REBAR, THENCE NI 3-23'14"W 60.4P TO AN EXISTING
REBAR, THENCE S87°44'50"E 29.26' TO THE POINT OF BEGINNING,
CONTAINING 0.04 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS
AND RIGHTS-OF-WAY OF RECORD.
CITY OF FAYETT'EVII LE, ARKANSAS
Right -of -Way, basement or Alley
VACATION
FOR STAFF USE UNL Y
FEE! 5: urt.ttrt
Lfate :I,pplicalion Subnrittecl:
S-7 Fee; $5.00Urate.4cceprecl
car Complete:
`l
Project Number:
Public nearing Wle:
Zone:
Please fili out this form completely, Svppivit7�-' all neocssirl
rnlorntat€On wid documLmtation to supj)ort your request.
Your application will not be placed on the Planning Cononr.csion agenda until this information is furnished
Application;
Indicate nue contact person for this request: _
Applicant Representative
Applicant (person muAing request):
Representative (engineer, surver,or. reallor, ete):
N im:
Narnc:
:1thlretis:
Address— _
Phone:
l:nttti3: ',
l:.nlail:
Fax:
Site Address r L ocation:
l,e�,al description ofarea to be vacated (alma separate ,hcet if nccessar� ):
Cu -rent Zoning District:
Asscssors l'arM Number(s) Icor subJ&t hropel't}
FINA.vCIAL INTEREM
l`ltc iililowing entities and/ or pecple have iinaneial interest in this proIcd:
M ,
tiny ?R:
Page
,t I'PI,lCz4NTIRI:I'ICFSF_ T.,ITII'E: 1 certif,- tmderpcnal(y of'l)etjur�'that the frregoing StaLeiiietits wid aro suers
hereitl made al data, inl-mm u.'on. and esidence herewith submitted are in all respects, to the hest of my ]yao%viecliL,e
and belief. true a>)d correct. I cr lderswnd that submittal of inismrect or false information is arOLI12d5 fOr hmAdatiutl
of application completeness' 6-nerminalion, or approval. I €mderstaud that the City miwlit not approve what I €m
applving liar. or might set conditions t,n approvA,
.arne (printed): I." CJ l 1:t j e- Date: r'j
PROPERTY OPPNER(S) A t'THORIIED AGENT' lAve certify udder penally ofperjIu v that I axilfwc are the
oWnerfs) of the property that is the subiect of this application and that I%tte have read this application and c:oment to
its fil inrz., (If:sIyied ht• the a letter front earls j2Mgerty n)vvrer??m.y helarg►grted ltxflcer0sZ that
the mavd is rrtathoi end rte racy on hi-Oter behalf.)
a_ hatters (attach addidowd info If areeevswy):
Name (printed):
'simlature: 4
Date. i 7
Name (printed):
Sip -Da rre:
Date:
:Address: J i �" west ,i A e,
s
'-- idAi
Phone: (-- _ t_
_Address:
Phones t l
A;acOtion Checldist: _
Ata It t{acs fiWorrhr I i!r tars to !his application.
( I) Pac ntent in All! of aphl icuble. fees ibr prctccasing the uppiicatiam
S''-0A.t)tr rpl. Iicrtion fee
.[ltr public lioliticition ; igtn fes:
(21 Mctes and bixtnds ]coal description crf the area to he vacated, not the entire property (this
mac be included on the sur%T% plat).
V ( ; F Suri• ez ol, the site depicting the perimeter pfoperty lines and area iNithin the property it) ire
_lc<ri�cl.
,/(4) ['D copy uf'the legal description in SIS Word and PDF oopies ohthe signed
aplrli <ttI , nd all other items mbrnittcd with this prljecl.
Sor" C� ot� Should stake the area of lite site to be vacated fbr utihts ccnmpanti res;vac on
(licit sitc
(6) A letter :addressed to the Hannim, Commission anci City Court l describing the sco pc.
aria€re. ,nd 'Mtent of -the request,
V( " „ r ,f
; } I)octa?<7c=,ualicDra Statinay nrtriies aft,ll t�ivs°..crs of property acij��certc to the street i��ht-r tt;s.
Iles. or casclrictit to be tiacate.d.
(o) 1 Cop" i'f the oowlt� parcel map €1-o n the Washington County Asstssor's iTiec or i;c�m the
1l hinpton Count) ��-ebsite 4ticssti.`�7,.vtsltinaton_aTAMu 1. ['he subje prwN' rty :end :ill
1Rijacow' parcels Should be !dentiikd on this parcel map„ CIA` oY'v ci-'S 111mc, oll:ia 11 i`stl nl
address, ..mel aIle: parcel number f6l- every ad j ncent property shall he shoran or. Itais )-w"p.
Petiticr[ ko F acile street right -of -MAV, Lelia, or e<lss.:mcnt (stlnapltr prtitfo,a is atta hcdl.
Vin P) F
Page
(10) For applications to vacate an access easement. alley or right oflv�av oniv: Written cony ent
is required from all adjacent property owners and is required to he suhanitted with the
application (example form is attached).
(1 i 1 Comments from all utility companies concerning the street right-of-way, alley. or
easement to be vactatcd and its relationship to existing or planned utilitics with
recommenditions as to what action should be. taken (an example comment form is
attached) is requirod at apptication submittal.
(12) The applicant is responsible for meeting the public notification requirements for a
Vacation listed can the Notification Requirements pages in this application.
Utility' Representatives fur a Vacation Reauest
Name
Company
'telephone
Email
Jeffllamiltan
f T&A-
442-1967
_jh5430@att.com
Ahad ilodge
C'ox Cotnmunications
971-0339
Chad.Hodgelocox.cUm
John Le
r° EP/SWFPCO
973-2426
ttle� l;aep.com
Scow Stakes
Black l lilts Corp.
435-0229
Scott. Stokes{ei blaekhillscorp.com
Wes viallaJIe
Ozarks E=lectric
684-464'
winaliatTeyerksecccom
Or
klikae Phi. ps
684-4696
mphipp%/ti: ozarksecc.com
City Divisions:
Mark Roger-,
' iler,md Scti�cr
575-8192
rnrogers!r.%3 ayelteville-<u'.ga �
.Maurw NxtJ kin - Solid waste 575-8397 aaanc[s�7nru fayet�e�°ille-argot°
Ferry {tullesirunsportation 4,14-3491 tguliey'ci1'ayettctiiilc �r,goc
'Solid Waste & Transportation sign off is required only when a ROW, alley, or Drainage
F.taseinent Vacation is being requested.
blrr; 201
.f'-qee 3
r4diPAP
LETS OF
FAYETTEVI L.E
ARKANSAS
.S
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Harry Davis, Planner
November 13, 2017 UPDATED W PC RESULTS
SUBJECT: VAC 17-5977: Vacation (357 S. WEST AVE./LOT 3-FERGUSON'S
ADDITION, 523): Submitted by ROY BLAIR for property at 357 S. WEST
AVE. The property is zoned DG, DOWNTOWN GENERAL and contains
approximately 0.07 acres. The request is to vacate a portion of a street
right-of-way and a portion of an alley right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC 17-5977 to City Council with a recommendation for approval
with conditions.
BACKGROUND:
The subject property is undeveloped right-of-way at 357 S. West Avenue. West Avenue has
excessive right-of-way adjacent to this property and there is undeveloped alley right-of-way on
the eastern portion of the property. These rights-of-way total approximately 0.07 acres. The
Master Street Plan classifies this portion of West Avenue as a Residential section which is
intended to include two driving lanes, sidewalks, and trees within a 43 -foot right-of-way. This
section of West Avenue has not been full improved. The unbuilt right-of-way to the rear of the
property was once part of a larger section of right-of-way that has been mostly vacated and is
unused. Surrounding land use and zoning is depicted in Table 1.
Table 1
Sur
Direction Land Use
North
Single-family Residential
South
Future Single-family Residential
East
Single-family Residential
West
Trails, Parkland
and Land Use
Zoning
DG. Downtown General
DG, Downtown General
DG, Downtown General
P-1, Institutional
Proposal: The applicant proposes to vacate a section of the excess right-of-way along West
Avenue and the unbuilt, 30 -foot wide right-of-way at the rear of the property.
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:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Utility Response
Cox Communications No objections, provided that any damage to
or relocation of existing facilities will be at the
owner/developer's expense.
AEP/SWEPCO No objections or comments.
Black Hills Energy AR No objections or comments.
AT&T No objections, provided that any damage to
or relocation of existing facilities will be at the
owner/developer's expense.
Ozarks Electric No objections or comments.
City of Fayetteville Response
Water/Sewer No objections or comments.
Solid Waste & Recycling No objections or comments.
Transportation No objections or comments.
Public Comment: No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 17-5977 to the City Council with a
recommendation for approval subject to the following conditions:
Conditions of Approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
2. Prior to this item being submitted to City Council, the applicant shall provide a revised
"Petition to Vacate", which includes accurate legal descriptions for both vacation areas;
3. Prior to this item being submitted to City Council, the applicant shall provide revised legal
descriptions for both vacation areas per comments from the GIS Division.
Planning Commission Action: 0 Forwarded O Tabled O Denied
Meeting Date: November 13, 2017
Motion to forward to City Council with conditions as part of
Motion: Brownconsent agenda
Second: Scroggin
Vote: 7-0-0 Motion passes
G:\ETC\Development Services Review\2017\Development Review\17-5977 VAC 357 S West Ave
(Lot 3 - Ferguson's Addition) 523\
BUDGET/STAFF IMPACT:
None.
Attachments:
• GIS Comments
• Request Letter
• Petition to Vacate
Utility Approvals
• Easement Vacation Exhibit
• One Mile Map
• Close -Up Map
• Current Land Use Map
G:\ETC\Development Services Review12017\Development Review\17-5977 VAC 357 S. West Ave.
(Lot 3 - Ferguson's Addition) 523\
REVIEWED
By Mike Morisette at 10:03 am, Nov 09, 2017
Bates
Associa'tesjnc.
Civil Engineering • Land Surveying - Landscape Architecture
7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704
PH: 479-442-9350 ' FAX: 479-521-9350
www.nwabatesin-l.com
Call is missing bearing
(assumed to be north)
PORTION OF SOUTH WEST AVE, TO BE VACATED:
A PA T OF SOUTH WEST AVENUE PLATTED STREET RIGHT-OF-WAY IN
BLOG NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON
THE N tEsT RIGHT-OF-WAY OF SAID SOUTH WEST AVENUE WHICH IS
S02°4 '03"W 119.11' FROM THE NORTHEAST CORNER OF LOT 3, OF SAID
BLOCTWENTY-TWO (22) AND RUNNING THENCE S87°44'50"E 20.52' TO AN
EXIS ING REBAR ON THE WEST MASTER STREET PLAN RIGHT-OF-WAY OF
SOUT WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S03°17'53"W
58.93, HENCE LEAVING SAID RIGHT-OF-WAY N87" 12'54"W 20.01', THENCE
02048'03"E 58.74' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES,
MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
POR'T'ION OF PLATTED 30' ALLEY TO BE VACATED:
APART OF A PLATTED 30' ALLEY IN BLOCK NUMBERED TWENTY-TWO (22),
OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02048'03"W 119.11' AND N87044'50"W
48.60' FROM THE NORTHEAST CORNER OF LOT 3, OF SAID BLOCK TWENTY-
TWO (22) AND RUNNING THENCE S12°59'08"E 60.57', THENCEN87°12'54"W
28.90' TO AN EXISTING REBAR, THENCE NI 3-23'14"W 60.41' TO AN EXISTING
REBAR, THENCE S87°44'50"E 29.26' TO THE POINT OF BEGINNING,
CONTAINING 0.04 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS
AND RIGHTS-OF-WAY OF RECORD.
October 3, 2017
Scope and Intent of 357 South West Avenue Project
Next Adventure Enterprises is developing the 357 West Project. It will
replace a dilapidated structure that is currently the neighborhood
blight, with 1-2 custom single family modern homes that will
complement the neighborhood in design as well as provide a beautiful
greenway space between the homes and the Frisco Trail. The goal is to
integrate and enhance the appearance and ambience from the trail as
well as West Avenue,
Economic Impact: The project will be:
* designed by local architects and designers and scheduled to be
built by a local builder, most likely Baumann and Crosno using
local craftsman
* marketed by a local realtor
* have a total retail value of between $800,000- $1,000,000
* Positive economic multiplier effect on local economy in excess of
$10,000,000
Design: The home(s) will be:
* Modern style to integrate with the neighborhood
1
* 2-3 stories in height
* 2 car garages with circular drive for easy access onto Idlest
Avenue.
• 1600 — 2200 square feet
* optional rooftop terraces to capitalize on the view
0 modern discreet solar rooftop panels
prewired for electric car chargers in garage
Timeline Schedule;
• Demolition of existing structure — October, 2017
a Design completion by December 2017
Construction commencing 1st Quarter, 2018
PETITION TO VACATE A(N) Right -of -Way LOCATED IN Lot 3 of block 22 in THE
Ferguson's Addition of the City of Fayetteville in Washington County, Arkansas,
To: 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,
City Of fayetteville, Arlkansas, a municiple corporation, petition to vacate
a Right -of -Way which is described as follows:
A part of Lot numbered Three (3) in block number 22 (22), of
Ferguson"s addition to the city of Fayetteville, Arkansas. Being more
particularly described as follows, to Wit: Beginning at an existing rebar
on the West right of way of South West Avenue which is 502.48.'03"W
119.11' fronting the northeast corner of said lot 3 and running along
said right of way 502.48'03"W 58.74', Thence leaving said right-of-way
N87.12'54"W 32.12', thence N12.58'08"W 50.57', thence 587.44'50"E
48.60', to the point of beginning 0.05 acres, mmore or less, subject to
all easements and right --cif- way of record.
That the abutting real estate affected by said abandonment of the alley are City Of
Fayetteville used by the public for a period of many years,and that the public
interest and welfare would not be adversly affected by the abandoment of the portion
of the above described Right -Of -Way.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
above described real estate, subject, however, to the exciting utility easements and
sewer easements as required, and that the above described real estate be used for
thier respective benefit and purposed as now approvewd by law.
The petitioners furthur pray that the above described real estate be vested in the
abutting property owners as provided by law.
WHEREFORE , the undersigned petitioners respectully 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 he abandoned be vested in the abutting property owners as provided by law, and as
to
that particular land the owners be free from the easments of the public for use of
said
alley.
Bated this 3rd day of October, 2017.
All lveV4
Printery name
Sign`ure
mtTF. December 27th, 2016
UTILITY COMPANY: r — r—
APPLICANTNAN41-'. Jill Butler
UTILITY APPROVAL FORM
FOR RICHT-OF- WAY, ALLEY, AND
UTWITY E,%SEMFNT VACATIONS
APPLICANI'PHOM,-, 479-601-7289
R FQUFSTF. D VACATION (applicant must check all that qpp(1'v
Utility Easunient
x flivht-of-way for alley orsircets and 4111 Utility C.L"wtents 1vxzttctj %� Ihin 1hC,4aC31cd right- cr- way.
Alley
Street right-of-way
I have been notifivil of the petition tat yacate lilt
General foration /Address 357 South West Ave, F�.tteville, Arkansas 72701
X MTTA(W legal de wription qnd,�,raphic representation of what is being vacated4l;RVEY)
UTILYrY CONIPANY COMMENTS;
Na ohjectiens, to the vacation(s) dv.,rr+,--d above, and no commonts
No objections to the vacation(s) &s1mMI abavc, provided following dcscTlbzd caserwrit,; ark, (;LjijjL!,j.
(State the location, dimencions, and purrx)-c bclow,)
x Noobj4x0ons providW 0w following conditions are wv
Any damage to or relocation of existing facilitiles wit] be at the owners/developers expcnsc.
Siy;e,tthr ti i Iy L onip.iny Rcpri:.wn1ativc
'Construction &Planjj?v3a gar
Title
UTILITY.&PPROVAL FORM
FOR RIGUT- OF- WAY, ALLEY, AN 1)
trIlLITY EASEMENT VACATTONS
DATE. December 27th, 2016
UTILITY COMPANY;
APPLWANT NAME- hil Butler APPLICANT' PHONE. 479-601 7289
RFQI;ESTF.D VACATION (applicant must rhock Wlfharappv),
0 Utility Eamilent
x Right-of-way for alley or streets and all utility vasements localed within the mated night- of way.
AJ1ey
r, Streti right -o C--,vay
I 11ave been nofifmj of the Petition to vacate the following (alley. emement, fight,of-way), des.rlbed as follows!
General location /Address 357 South West Ave, Fayetteville, Arkansas 72701
)K 07TA01 legal descripUba agod graphic r-epeasentalion of what it being vacamd-SUR VE 30
UT)Ltl'Y CObtf'ANY COMME NTS:
No objections w the vacation(s) degc6b,.-d al ove, and no comim nis,
No objections to the v=ation(s) describeA above, pmvided following described casements arc retained,
(State the location, dimcasiorti, and pwWsc below.)
U No objections provided the following condidofts are met:
Sign alum of Utility Company Reprcwntnfivo.
Title
lhli�dmber 201-4
1— 19
I
UTILITY' APPROVAL FORM
FOR RICHT- OF- WAY, ALLEY, AND
UTHY17Y EASEMENT VACAT[ONS
DAm December 27th , 2016
UTILITY COMPANY:
Glaek—
4;/If
APPUCANTNAM r. �
Jill Butler
41P11CAINI PHONE: 479-601-7289
REQUIF-STED VACATION (Wlicant must check ad " apply),
UTihty Easement
x %Sht-404�Nvay for alley or so=13 and all utility casanmu located widein dw vacated right- of way,
Ailey
Street right -of -%-ay
I have been notified of the petition to vacate the following (aflq. casernmi, r191V-qf-vqy7, desm'bed as follows:
Geamllacalies/Addrem 357 South West Ave, Fayetteville, Arkansas 72701
(ATTACUbTat deserqp6on gndgraphk ft-preumiadon of what iff being var-WedSUR IKE39
UTILITY COMPANY COM. 4F- NTS:
tv
No objections to the vacation(s) described above, and an comments,
No objections to the varXion(s) dmribod above, provided following described casements are retauied.
(State the location, dimensions, and purpo%c Wow.)
-- No objections provided ffie following condifiam are mev,
Signature of Ud* Company RcPrescatatme
5-kfvx'so r- e0jets —
Titlf� ' V
De%vmN7 nor
11
UTILITY APPROVAL FORM
FOR RIGHT- OF. WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: necembet 2701, ?U 1 fry
UTILITY COMPANY: AT&T
APPLICANT NAME-. iI13 L I t!e c APPLICANT PHONE: (4T9L601-7289
REQUESTED VACATION (applicant must check all thatapply):
UUtility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Allev
L Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-qf-wap), described as follow.'s-
General location I Address 3'_5'1 "o est Ave • Payet rf1R 1
a (ATTACH legal description gad 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 am met,
I , 10 . 1
d the prop- ; .,,rrier/
Di"ally ilred by JM HAMUOR
DN: cr"IEFFRkWLTON,�AT&T.jou-CMIRUCTtON,'
JEFF HAMILTON ENQWMNG� wW1-05430PW,com, c -US
Dv:2617.01.,131438`35-0€ OO'
Signature of Utility Company Representative
MGR OSP Ping & Design Engineer
Title
December 2014
D1.1.1 C
UTILITY APPROVAL FORM
FOR RIGUT- OF- WAY, ALLEYAND
UTIL"Y CASEMENT VACATIONS
DATE, December 27th, 2016
LULUTY COMPANY
APP LICWFMIME; 11" BUtler A"LICAN-i'NIONF: 479-601-7289
REQUES-TE D VACATION (app4cmv wimcheck sMAw qpply)"
Utility Emcment
x fthl-of-,may fiDr alley orstmtsand all uttlilyemumnis located within Itm VWatcd right of wily,
Alley
Street right-of-umy
I have b."n notified of the petition to vacalt the falloviing (ailey. ease-meni.righr-of-way), described as follows,-
C4nv"l location I Address 357 South West Ave, Fayetteville, Arkansas 72701
x (A TTA CIF legal dejeripdvn end graphic represenzolon of what b Ming wwared-SUR VE V)
UTILJTY COMPANY COMIMWNTSa
No objocuow to the vacation(s) ckscribed fibove, provided followzng, decdbed taspe=nis ue retained,
(State dic lvcatiou dinx-ruians, sLnd purpose below)
No objections provided the following cooditions are. ntei:
SigratuV06hry Corwny Repfewritative
UT Ii.MY APPROVAL FORM
MR RlG11T- OF- WAY, ALLEY, AILS
ML>G'tY EASEMENT VACATIONS
DATE: December 27th, 2016
UTLUTY COMPANY, C"Iof FAY61775 vlt-(f )✓..4 1-77
APPLICANT NAME: i'sN Butler APPLICANT PHONE. 473-601-7289
REQLIEMD VACATION (vppMeou aura check ad eaw appy);
0 Utility Faserxtcaat
X Right-of-way for alley or Streets and all utility easeurterets located widAn the vacated right- of way.
0 Alley
Street right -0f --way
I have been notified of the petiti" to vnceam the, following (alley, eareneent. ,right-of-,vvy), de~scHhed as follows:
Gtrt tvvil leacatios lAddr+esa 357 South West Ave r Fayetteville, Arkansas 72701
R qfwhaix being tamer URVEY)
tir7iM CDMFANY COMMS TS:
if No objectiom to the vacation(s) desctt'betd above, and tree camomm=.
No objections to tbt vActtticm(s) described abom paroviclod followiasg described cas mmts arc retaiw&
(State the location„ diancnsions, and pmpose below.)
No objections provided the following conditiam arc met,
Signavme,bf Utility Carr Rive
T€de
D*C mbtr 2014
D_ 4
UTILM APPROVAL FORM
FOR RICHT- OF- WAY, ALLEY, AND
UI LT" EASEMENT VACA71ONS
DATE. December 27th, 2016
UTILITYCOMPANY, aF- c.
APPLICANT NAME: Jill Butler APPLICANT PHONE: 479-601-7299
REQUESTED VACATION (applicant must cher* gff 0al apply):
0 UtdityEasoment
x Right-of-way for alley or streets aad all Utility casemcnIs located within the vacated right -of- way.
C Alley
it Street right-of-way
I have been notified of the petition to vacate the follmxins (alley, easement, nghl-of-way), described as follows -
General )"aflool Address 357 South West Ave, Fayetteville, Arkansas 72701
X fATTAChr fegW description Md graphic rq"v!yenwdon of what is being vacated-SORM19
UTILITY COMPANY COMMr-NTS:
0 No objections to the vacation(%) described above, and rw corornents.
No objections to the vacation(91 described above, provided following described casements are retained.
(State the location, diracnsions, and purpose beluw.)
No objections provided the following conditions oxe met.
si=j 'Vf Utility Company Reptcsuntativc
Titlr
lkcrmber
UTTLM APPROVAL FORM
FOR RIGHT- OF WAY, ALLEY, AND
UTTLITY EASEMENT VACATIONS
DATE, December 27th, 2016
UTUTY COMPANY -
APPLICANT NAME. Jill BUtler APPUCANT PHONE- 479-601-7289
REQUEST RI) VACATION (applicant must check gg that aFpo).,
a Utility Ezscment
x lb9bt-0f-way for alloy or 0=13 and all utility easements located within the vacated right- of- way.
0 Alley
I Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows;
Geri location / Address 357 South West Ave, Fayetteville, Arkansas 72701
JK (ATTACH legal deuccriFfion and graphic rVram"an of what is king Meaftd.StWVEy)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no corarnenis.
0
No objections to the vacation(s) described above, provided following described r&scrneuts are retained.
(State the location, dfinensions, and purpose below.)
J No objections provided the following ooMitiow am met;
signamm.of Utility Coinpany Representative
Tidc
De"mber 2014
. 0— S
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CITY OFFAYETTEVILL
Ordinance: 6035
File Number: 2018-0051
�)� /
VAC 17-5977:(357 S. WEST AVE./LOT
described in Exhibit B attached to the
3-FERGUSON'S ADDITION):
Planning Department's memo.
AN ORDINANCE TO APPROVE VAC
Section 2. A copy of this Ordinance duly
17-5977 FOR PROPERTY LOCATED AT
;.
357 SOUTH WEST AVENUE TO
Was inserted in the Regular Edition on:
VACATE A PORTION OF AN
UNDEVELOPED STREET RIGHT-OF-
WAY AND A PORTION OF AN ALLEY
AFFIDAVIT OF PUBLICATION
RIGHT-OF-WAY
WHEREAS, the City Council has the
authority under A.C.A. § 14-54-104 to
vacate public grounds or portions thereof
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
which t
purposeseanarequired for corporate
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
WHEREAS, the City Council has
determined that the following described
portions of street and alley rights-of-way
circulation, that from my own personal knowledge and reference
are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED
— r__ r_i__ ____i_r __ ___ li__ 1 _r_
BY THE CITY COUNCIL OF THE CITY
Section 1. That the City Council of the City
Subscribed and sworn to before me
This 2-) day of *,6 , 2018.
J/"µn^^� (Lc.Q.�
Notary Public
My Commission Expires: 4iz-/ ZI
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
TAMMY RUSrER
Notary Public -Arkansas
Washington County
Commission 112703120
My Ccmmissicr Expires Feb 12. 2028
of Fayetteville, Arkansas hereby vacates
CITY OF FAYETTEVILLE
portions of street and alley rights-of-way as
Ord. 603 5
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
Was inserted in the Regular Edition on:
Department's memo shall be filed in the
office ofthe Washington County circuit
Clerk.
Section 3. This vacation approval is subject
February 15, 2018
to the following condition:
1. Any relocation of or damage to
existing utilities or existing facilities shall
Publication Charges: $ 91.00
be at the owner/developer's expense.
PASSED and APPROVED on 2/6/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Ay__4�, UI&
Sondra E. Smith, City Clerk Treasurer
74429115 Feb.15,2018
Cathy Wiles
Subscribed and sworn to before me
This 2-) day of *,6 , 2018.
J/"µn^^� (Lc.Q.�
Notary Public
My Commission Expires: 4iz-/ ZI
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
TAMMY RUSrER
Notary Public -Arkansas
Washington County
Commission 112703120
My Ccmmissicr Expires Feb 12. 2028
