Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
ORDINANCE 6182
• IllI IM II II IIIi I lI1 Doc ID: 018607550005 Type: REL uiIII =ar . Kind: ORDINANCE Recorded: 05/28/2019 at 03:12:40 PM Fee Amt: $35.00 Page 1 of 5 •� Washington County, AR Kyle Sylvester Circuit Clerk Q 113 West Mountain Street File2019-00015082 Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6182 File Number: 2019-0219 VAC 19-6630 (401 W. MOUNTAIN ST/FAYETTEVILLE PUBLIC LIBRARY): AN ORDINANCE TO APPROVE VAC 19-6630 FOR PROPERTY LOCATED AT 401 WEST MOUNTAIN STREET TO VACATE PORTIONS OF STREET RIGHT-OF-WAY, ACCESS EASEMENT, AND UTILITY EASEMENTS NECESSARY FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT 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 right-of-way, access easement, and utility easements 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 the portions of street right-of-way, access easement, and utility easements 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. Page 1 Printed on 5/8/19 File Number: 2019-0219 PASSED and APPROVED on 5/7/2019 Attest: 0 Sondra E. Smith, City Clerk s rO G •R Y •T,pF��'r. mss• ' %iiy • 4/vS p,5 • �y``J� 41#111c 10011% Page 2 Printed on 518119 �Ig I1°y TO-IACATELI w Oa--r�-•���L•--•_•_• SEE 'Al. DE -RAT— 11 r •a I 1.2 I--�11— ?WATER MAIN. � • � / � «I S SI «�G� �CO.v-IROL 4,f .r L RFK lT1EFATR3 PRESERVROCKI I w a « X I EL ,R•w, ® ° f-11 5 WALL LASE Svc 119 N wo11 'All I I �® v all g O 1 «I I WATER I'AKESYO.E. 3.{ m I Ir I I APYNO)L LOC. 110]1-]A3) E, CPR � r Ia « w�K oma:. Ll R ROCK STREE 4 Ne 3RIe N z 9imTs.l /�� v I ver3ille-w1 a UTLITY EASEMENT TO 'y-- TED PERORO e0M - — v - D - sFE vwc. DFsawmoN Rl I 1 ¢I IO SLi QvJ -kLR SJP 1St 1{%s—s—s—s—!_s—s s I v D" I ILE a FCORNER K a I gr a �- - 1 TNkk YNES. SiAMY3'ItV� 190.n0 ° — _ ) N7.36'SrW . �.ar Ilio I:. j . =1 e. sLMENDo.Rv Nw I I _,a �� � •—j _ '9rly TSD r I - Icy �• 81 PRomsED DREE PRESFnvwnoN EASEMENT FA,I°3 IAl k1 SEE. TRFF PRFSERVnnON EA4EMENr I _ PROPOSLD PRIMARY• P] I PARCEL /755-0]015-000 MISSN / - E DOROI: RND gE( C ul.MAL' 420U-136) TO RCR MEt Numbers correspond to those listed under 3 = 1OAGTOBEVACATE01.,1D+, I `�'� ✓ :«I DRZ_DDD yg SEE VACBnOPI rim..._ON X13 1,4m � "Proposal" in staff's 1 report and within the I r s5 j I - AAL MR,FLATapplicantEs request RI•HDAETD-u'AEreDI SEE RMD ✓I/- i , « DEDICATION DESCROTON $3 lette rI i PARCEL /765-010A1-000MATCHLINE a i I PROPOSED R9. _ I ✓ EV�L�[R.66L LtF'Z.1 �1�S A.� LEGEND:]M wmT, ----- III•IMMR•ml RELO—M1LMRERDATE _ dM/+M CN• E.ywwigarNl...N.9A.N.,4.,R•N.d.. %O al n• v . r� l u wN - - - - F Rl lve PA¢ 5 a a —_-___._.._ .. ._ _.___ .__- � i w.. NK.�NN•n• .•, •' Ino • ----_ N,...Nw.,�..»,. FAYETTEVILLE PUBLIC LIBRARY EASEMENT PLAT (PAGE I OF 3) x 19-6630 Lr_r_R_r_r �r_N_r �_AT�R EXHIBIT 'A' I s s _e -SEWER. AtPRO%%.LOC. - _�_�__�v_ M'.MWNTAIN STREFT(LOCAL)v—r v v—r—u — s s — a —ASPHALT WIDTH VARIES- L21- R'wnA F _ _ _ 01 311AW 1 - as I I IS'tLE[10.1(I:.L. PERORS YIAI sO.T _ _ IA0.ALI.EL TOM SP. MV ROCK LI I•LN I•I AT ••.ly IRO'—li° LONC ORATE ``W `MC. -E 1!LR.TZ. M1'LFT RI— CI. LATE END r FNTNYDFCK .� 5311 , r t;« I r I oI I I — I I I I IILL I TOTAL ACREAGE co9lc 11..Sye II I 6.61 ACRES � i II Im N I� FµTI <SI _ ADDITIONAL R'w1 DOM STPERMSTIM—) E 22.1—D. OESL'RIPDON 91 ` £ E,I 01 P sl > � IuS �I I - alA BUILDING UILDING n I a «Il I FIBER 0' 30' 60' 90• yy I T � OPTIC PAD GRATE SC i pE�F II 3 �IIIu.E-30fi. IWLkT GRAPHIC ALL IMFEET yI�3I Y d I Iw J I O PARCEL #765-03010-000 IT ELECTRIC UE. PER THIS— PARALLEL TO MSP. R/ aOnl cl jI 13^' 1 3 I I J a « a l l J Z PDRKING PANKING I ECA PDFKIKO PARALNG PMKI.vG I ENTRY E.uTRV FNTRV DECK UECK FNTRV EKTRY a ' a l � I I I a I '�'� —•—{—. _._ _ PORTON OF b U.G 113491 U I �I �Ig I1°y TO-IACATELI w Oa--r�-•���L•--•_•_• SEE 'Al. DE -RAT— 11 r •a I 1.2 I--�11— ?WATER MAIN. � • � / � «I S SI «�G� �CO.v-IROL 4,f .r L RFK lT1EFATR3 PRESERVROCKI I w a « X I EL ,R•w, ® ° f-11 5 WALL LASE Svc 119 N wo11 'All I I �® v all g O 1 «I I WATER I'AKESYO.E. 3.{ m I Ir I I APYNO)L LOC. 110]1-]A3) E, CPR � r Ia « w�K oma:. Ll R ROCK STREE 4 Ne 3RIe N z 9imTs.l /�� v I ver3ille-w1 a UTLITY EASEMENT TO 'y-- TED PERORO e0M - — v - D - sFE vwc. DFsawmoN Rl I 1 ¢I IO SLi QvJ -kLR SJP 1St 1{%s—s—s—s—!_s—s s I v D" I ILE a FCORNER K a I gr a �- - 1 TNkk YNES. SiAMY3'ItV� 190.n0 ° — _ ) N7.36'SrW . �.ar Ilio I:. j . =1 e. sLMENDo.Rv Nw I I _,a �� � •—j _ '9rly TSD r I - Icy �• 81 PRomsED DREE PRESFnvwnoN EASEMENT FA,I°3 IAl k1 SEE. TRFF PRFSERVnnON EA4EMENr I _ PROPOSLD PRIMARY• P] I PARCEL /755-0]015-000 MISSN / - E DOROI: RND gE( C ul.MAL' 420U-136) TO RCR MEt Numbers correspond to those listed under 3 = 1OAGTOBEVACATE01.,1D+, I `�'� ✓ :«I DRZ_DDD yg SEE VACBnOPI rim..._ON X13 1,4m � "Proposal" in staff's 1 report and within the I r s5 j I - AAL MR,FLATapplicantEs request RI•HDAETD-u'AEreDI SEE RMD ✓I/- i , « DEDICATION DESCROTON $3 lette rI i PARCEL /765-010A1-000MATCHLINE a i I PROPOSED R9. _ I ✓ EV�L�[R.66L LtF'Z.1 �1�S A.� LEGEND:]M wmT, ----- III•IMMR•ml RELO—M1LMRERDATE _ dM/+M CN• E.ywwigarNl...N.9A.N.,4.,R•N.d.. %O al n• v . r� l u wN - - - - F Rl lve PA¢ 5 a a —_-___._.._ .. ._ _.___ .__- � i w.. NK.�NN•n• .•, •' Ino • ----_ N,...Nw.,�..»,. 1 Y Batesl . Associates, 19-6630 EXHIBIT 'B' Inc_ Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350' FAX: 479-521-9350 www.nwabatesinc.com March 28, 2019 RE: legal descriptions for easement vacation at the Fayetteville Public Library and future library expansion site SURVEY DESCRIPTION (PARCELS #765-02010-000. #765-02036-000 #765-02037-000. #765- 02038-000. #765-02039-000. #765-02040-000. #765-02041-000. & #765-02042-000): ALL OF BLOCK 34, AND A PART OF BLOCK 37 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, ALSO, THE PORTION OF WEST ROCK STREET VACATED PER ORDINANCE 6014, LYING ADJACENT AND PARALLEL TO SAID BLOCKS THIRTY FOUR (34) AND THIRTY SEVEN (37), ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 34 AND RUNNING THENCE S02°18'17' W 324.49', THENCE N87o38'16'W 11.60', THENCE S02'1 8'17W 600.93', THENCE N86°48113"W 295.881, THENCE N00'45'30"E 596.85', THENCE N87°38'16"W 2.76', THENCE 1\102�18'17"E 324.331, THENCE S87°39'57"E 326.31' TO THE POINT OF BEGINNING, CONTAINING 6.61 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. VACATION DESCRIPTION #1 - UTILITY EASEMENT DEDICATED PER ORD. 6014: A UTILITY EASEMENT DEDICATED PER CITY OF FAYETTEVILLE ORDINANCE 6014, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, SAID EASEMENT ALSO BEING LOCATED EAST OF THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, AND WEST OF THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, ALL IN THE CITY OF FAYETTEVILLE. WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO WIT:TO-WIT: BEGINNING AT A POINT ON THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE WHICH IS N87°36'57'W 10.00' FROM THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY S02°18'17W 3.00', THENCE LEAVING SAID RIGHT-OF- WAY N87°36'57W 310.80' TO THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE. THENCE ALONG SAID RIGHT-OF-WAY N00°45'30"E 42.64', THENCE LEAVING SAID RIGHT-OF-WAY S87°38'16"E 311.95' TO THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02°18'17'W 39.75', TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, OR 13294.17 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION #3 -10' ACCESS EASEMENT DEDICATED PER DOCUMENT 2002-72736: A 10' ACCESS EASEMENT BEING LOCATED IN BLOCK 37 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING N87°36'57'W 10.00', THENCE S02°18'17'W 3.00', THENCE N87 -36'57"W 140.00' TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT AND RUNNING THENCE S02023'03"W 67.00', THENCE S87036'57"E 60.00', THENCE S02°23'03 VV 10.00', THENCE N87°36'57"W 70.00', THENCE NO2°23'03"E 77.00', THENCE S87°36'57"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, OR 1370.00 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION #4 - 3' STREET AND UTILITY EASEMENT DEDICATED PER DOCUMENT 1071-743: A 3' STREET AND UTILITY EASEMENT LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: BEGINNING AT A POINT WHICH IS N87°38'16" VV 140.00' FROM THE SOUTHEAST CORNER OF SAID BLOCK 34 AND RUNNING THENCE N87°38'16"W 116.31', THENCE NO2°21'44"E 3.00', THENCE S87038'16"E 116.31', THENCE S02021'44"Vll 3.00' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, OR 348.93 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION #5 - PORTION OF A UTILITY EASEMENT DEDICATED PER PLAT 23-19: A PORTION OF AN EXISTING UTILITY EASEMENT DEDICATED PER PLAT 23-19, BEING LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87°38'16'W 139.72' AND NO2'18'17"E 64.78' FROM THE SOUTHEAST CORNER OF SAID BLOCK 34 AND RUNNING THENCE N87042'41'W 20.00', THENCE NO2-18'17"E 22.00', THENCE N87-42'41 "W 7.91', THENCE NO2-40'37"E 20.00', THENCE S87-42-41 "E 27.78', THENCE S02018'17"W 42.00' TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, OR 996.91 SQUARE FEET, MORE OR LESS. Washington County,AR I certify this instrument was filed on 05/28/2019 03:12:40 PM and recorded in Real Estate File Number 2019-0015082 Kyle Sylvester- Ci cul;Cler by •n;;.pr"�:'�� City of Fayetteville, Arkansas 113 West Mountain Street -_ Fayetteville, AR 72701 (479) 575-8323 Text File - f File Number: 2019-0219 Agenda Date: 51712019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 VAC 19-6630 (401 W. MOUNTAIN ST/FAYETTEVILLE PUBLIC LIBRARY): AN ORDINANCE TO APPROVE VAC 19-6630 FOR PROPERTY LOCATED AT 401 WEST MOUNTAIN STREET TO VACATE PORTIONS OF STREET RIGHT-OF-WAY, ACCESS EASEMENT, AND UTILITY EASEMENTS NECESSARY FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT 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 right-of-way, access easement, and utility easements are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of street right-of-way, access easement, and utility easements 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Paye 1 Printed on 5/8/2019 City of Fayetteville Staff Review Form 2019-0219 Legistar File ID 5/7/2019 City Council Meeting Date - Agenda Item only N/A for Non -Agenda Item Garner Stoll 4/23/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6630: Vacation (401 W. MOUNTAIN ST./FAYETTEVILLE PUBLIC LIBRARY, 523): Submitted by BATES & ASSOCIATES, INC. for property located at 401 W. MOUNTAIN ST. The property is zoned DG, DOWNTOWN GENERAL, and MSC, MAIN STREET/CENTER and contains approximately 0.37 acres. The request is to vacate portions of right- of-way and general utility easements. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title D V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Dater Original Contract Number: Comments: CITY OF | FAYETTEVILLE ' ARKANSAS MEETING OF MAY 7,2019 TO: Mayor and City Council THR0: Don Marr, Chief ofStaff Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: April 23.2O19 STAFF MEMO SUBJECT: VAC 19-6630: Vacation (401 W. MOUNTAIN LLE PUBLIC LIBRARY, G23):Submitted byBATES & ASSOCIATES, INC. for property located at 401 W. MOUNTAIN G7. The property is zoned OG. DOWNTOWN GENERAL, and MSC. MAIN STREET/CENTER and contains approximately 0.37 aon*o. The request iatovacate portions of ri0ht-mf-vvayand general utility easements. RECOMMENDATION: Staff and Planning Commission recommend approval ofVAC 19-G630aeshown inthe attached Exhibits 'A' and 'B' and with the following condition of approval: 1. All conditions ofthe associated Ordinance 6O14for the vacation ofRock Street between South School and South West Avenues shall be met or otherwise satisfied through additional utility easement dedication; 2. A 15 -foot electric utility easement shall be dedicated pana|ka| to the Master Street Men right-of-way along the east side of South West Avenue; and 3. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; BACKGROUND: The subject property in bordered by Mountain Street to the north, South Street to the South. School Avenue to the east, and West Avenue hmthe west. Rezoned to DG. Downtown Genene|, and MSC, Main Street/Center in accordance with the Downtown Master Plan in 2006, the property is currently developed with the Fayetteville Public Libnary, and the recently -demolished City Hospital. Rock Street bisects the property east -west, but was approved for vacation in November of 2017. The street's vacation was approved in anticipation of the library's expansion and is conditioned on utility relocation work and the dedication of an alley -width section of right-of-way south ofthe expansion. The library expansion itself was voted on and approved by Fayetteville residents in August 2017. taking the form of a property tax rniUage increase. A large scale development was approved for the site inDecember of2O18. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AIR ro7o1 Proposal. During development review for the Fayetteville Public Library expansion, it became apparent that a remnant portion of right-of-way and multiple easements conflicted with the proposed site and building layout. As such, the applicant proposes to vacate the areas as described below and as indicated in the attached vacation exhibit: 1. A 3 -foot wide public street and utility easement located at the existing southern entrance of the library; 2. A portion of a utility easement south of the parking deck entrance; 3. An existing access easement located south of Rock Street that is no longer in use; and 4. A utility easement that was created in association with the Rock Street vacation per Ordinance 6414. Utilities will be removed and relocated in to existing or future easements. DISCUSSION: At the April 22, 2019 Planning Commission meeting, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. BUDGETISTAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission packet FAYETTEVILLE PUBLIC LIBRARY EASEMENT PLAT (PAGE I OF 3) 1 -6630 9 EXHIBIT vAv 7F-�aprn 17� I PARM��G TOTAL ACREAGE 6 .61 ACRES ID 11-0 F-11 0` 0. 90' �V j �TRV hlnn� 10 n ��C�Wl. -J 10, . 0 1, 1z 471 nn -24 /-z , 47 Numbers correspond to those listed under "Proposal" -M -1-03 in staffs report and within the ----- - applicant's request letter —rL Bates& LEGEND: Asso iatosjnc. U.- =T'- 77 19-6630 EXHIBIT 'B' pop, ates & ?Mkl�6N- a 04 - 8 Associ a to , Inc. Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 www.nwabatesinc.com March 28, 2019 RE: legal descriptions for easement vacation at the Fayetteville Public Library and future library expansion site SURVEY DESCRIPTION (PARCELS #765-02010-000, #765-02036-000, #765-02037-000, #765- 02038-000. #765-02039-000, #765-02040-000 #765-02041-000. & #765-02042-000): ALL OF BLOCK 34, AND A PART OF BLOCK 37 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, ALSO, THE PORTION OF WEST ROCK STREET VACATED PER ORDINANCE 6014, LYING ADJACENT AND PARALLEL TO SAID BLOCKS THIRTY FOUR (34) AND THIRTY SEVEN (37), ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 34 AND RUNNING THENCE S02°18'17' W 324.49', THENCE N87°38'16" VV 11.60', THENCE S02018'17'W 600.93', THENCE N86°48'13"W 295.88', THENCE N00°45'30"E 596.85', THENCE N87°38'16" Vtt 2.76', THENCE NO2°18'17"E 324.33', THENCE S87°39'57"E 326.31' TO THE POINT OF BEGINNING, CONTAINING 6.61 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. VACATION DESCRIPTION #1 - UTILITY EASEMENT DEDICATED PER ORD. 6014: A UTILITY EASEMENT DEDICATED PER CITY OF FAYETTEVILLE ORDINANCE 6014, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, SAID EASEMENT ALSO BEING LOCATED EAST OF THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, AND WEST OF THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, ALL IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:TO-WIT: BEGINNING AT A POINT ON THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE WHICH IS N87°36'57'W 10.00' FROM THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY S02*18'17'"W 3.00', THENCE LEAVING SAID RIGHT-OF- WAY N87°36'57'W 310.80' TO THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N00°45'30"E 42.64', THENCE LEAVING SAID RIGHT-OF-WAY S87°38'16"E 311.95' TO THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02°18'17'W 39.75', TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, OR 13294.17 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION #3 - 10' ACCESS EASEMENT DEDICATED PER DOCUMENT 2002-72736: A 10' ACCESS EASEMENT BEING LOCATED IN BLOCK 37 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING N87°36'57'W 10.00', THENCE S02'18'17'W 3.00', THENCE N87°36'57'W 140.00' TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT AND RUNNING THENCE S02023'03"W 67.00', THENCE S87036'57"E 60.00', THENCE S02o23'03'W 10.00', THENCE N87°36'57"W 70.00', THENCE NO2023'03"E 77.00', THENCE S87°36'57"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, OR 1370.00 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION #4 - T STREET AND UTILITY EASEMENT DEDICATED PER DOCUMENT 1071-743: A 3' STREET AND UTILITY EASEMENT LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: BEGINNING AT A POINT WHICH IS N87038'16'W 140.00' FROM THE SOUTHEAST CORNER OF SAID BLOCK 34 AND RUNNING THENCE N87'38'16'W 116.31', THENCE NO2*21'44"E 3.00', THENCE S87°38'16"E 116.31', THENCE S02°21'44"W 3.00' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, OR 348.93 SQUARE FEET, MORE OR LESS. VACATION DESCRIPTION #5 - PORTION OF A UTILITY EASEMENT DEDICATED PER PLAT 23-19: A PORTION OF AN EXISTING UTILITY EASEMENT DEDICATED PER PLAT 23-19, BEING LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87°38'16"W 139.72' AND NO2'1 8'17"E 64.78' FROM THE SOUTHEAST CORNER OF SAID BLOCK 34 AND RUNNING THENCE N87°42'41'W 20.00', THENCE NO2°18'17"E 22.00', THENCE N87042'41 "W 7.91', THENCE NO2040'37"E 20.00', THENCE S87042'41 "E 27.781 , THENCE S02°18'17"W 42.00' TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, OR 996.91 SQUARE FEET, MORE OR LESS. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO 11a' -p ARKANSAS -- TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Cudh.Senior Planner MEETING DATE: April 22.2019(Updated with Planning Commission Results) SUBJECT: VAC 19-6630: Vacation (401 W. MOUNTAIN ST./FAYETTEVULLE PUBLIC LIBRARY, 523): Submitted by BATES &AG8OCIATES. INC. for property located at 401 W. MOUNTAIN GT. The property is zoned OG. DOWNTOWN GENERAL, and K8GC. MAIN STREET/CENTER and contains approximately 0.37 acres. The request ieto vacate portions of riQht-of-vvayand general utility easements. RECOMMENDATION: Staff recommends forwarding VAC 19-6630 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: ^| move to forward VAC 19'6630 to City Council with a recommendation for approval with the conditions asrecommended bystoff.^ BACKGROUND: The subject property is bordered by Mountain 8tnsot to the north, South Street to the 8outh. School Avenue to the east, and West Avenue tothe west. Rezoned to DG. Downtown Geneny|, and MSC, Main Street/Center in accordance with the Downtown Master Plan in 2006, the property is currently developed with the Fayetteville Public Ubrory, and the recently -demolished City Hospital. Rock Street bisects the property east -west, but was approved for vacation in November of 2017. The street's vacation was approved in anticipation of the library's expansion and is conditioned on utility relocation work and the dedication of an alley -width section of right-of-way south of the expansion. The library expansion itself was voted on and approved by Fayetteville residents in August 2017. taking the form of property tax rni||aQe increase. A large scale development was approved for the site in December of 2018. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Fayetteville Public Library MSC, Main Street/Center, South Single-family Residential DG, Downtown General Single-family Residential; NC, Neighborhood Conservation; West City Parkland RI -U, Residential Intermediate, Urban P-1, Institutional East Single-family Residential DG, Downtown General offices Planning Commission April 22,zmo Agenda Item n `o-6oavFay. Library Page `m,^ Proposal: During development review for the Fayetteville Public Library expansion, it became apparent that a remnant portion of hg and multiple easements conflicted with the proposed site and building layout. As such, the applicant proposes to vacate the areas as described below and aaindicated inthe attached vacation exhibit: 1. A3-fomwide public street and utility easement located at the existing southern entrance ofthe library; 2. Aportion cfoutility easement south ofthe parking deck entrance; 3. An existing access easement located south of Rock Street that is no longer in use; and 4. A utility easement that was created in association with the Rock Street vacation per Ordinance 6014. Utilities will be removed and relocated in to existing or future easements. Vacation The applicant has submitted the required vacation forms tothe City utility departments, and franchise utility companies with the following responses: Cox Communications AEP/SVVEPCO 0mchHiUeEnergy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste &Recycling Transportation Public Comment: Nopublic comment has been received. Response No objectoma, provided that any damage to orrelocation ofexisting facilities will beedthe owner/developer's expense. No objections, provided that a 15 -foot utility easement bededicated parallel tothe Master Street Plan right-of-way along S. VVaet Avenue as shown on attached exhibit. Noobjections and nocomment. Noobjections and nocomment. Moobjections and nncomment. Response Noobjections and nocomment. Noobjections and nocomment. Noobjections and nocomment. RECOMMENDATION: Staff recommends forwarding VAC 1B-6630bzthe City Council with o recommendation for approval subject to the following conditions: Planning Commission 8\ETC\oe°o|opmentServices Rc,iuvwzn1S^Deveivpment Semioes\19-6O3VVAC April u2.cn`n 4o1Vv.Mountain St. (Fay.Public Library) s23\03Planning Commission\0^'22eO19 Agenda Item o 19-6630 Fay. Library Page uofw Conditions mfApproval: ' 1. All conditions of the associated Ordinance 6014 for the vacation of Rock Street between South School and South West Avenues ehuU be met or otherwise satisfied through additional utility easement dedication; 2. A 15 -foot electric utility easement shall be dedicated pondbd to the Master Street Phan right-of-way along the east side of South West Avenue; and 3. Any relocation of or damage to existing utilities or existing facilities ahsd| be at the owner/developer's expense; PLANNING COMMISSION ACTION: Required YES Date: April 22, 2019 0 Tabled 0 Forwarded 0 Denied Motion: Brown, on the consent agenda with conditions as recommended by staff Second: Canada Vote: 6-0-1, Niederman recused BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petitions toVacate • Vacation Exhibit ° Ordinance GO14—Vacation ofRock Street between West and School Avenues ° One Mile Mop * Close-up Map ° Current Land Use Map Plang CommissionGAETCOevelopment Services Rnview\2V19v)evalopmentGemicosN1S-6O3UVAC ninAprilu2, 2019 m01vxMountain Su(FaypvWicuumry)52aO3Planning 8 Agenda Item v 19-6630 Fay. Library Page vofw VAC 19-6630 Request Batos Letter iM sscaci atos, L nc-- - Civil Engineering 9 9 . Surveying 7230 S Pleasant Ridge Dr. / Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 www.batesnwa.com MARCH 28, 2019 CITY OF FAYETTEVILLE PLANNING COMMISSION & CITY COUNCIL To the City of Fayetteville Planning Commission and City Council, On behalf of the City of Fayetteville, Fayetteville Public Library, and Ecological Design Group, we at Bates and Associates would like to request the vacation of certain utility and right-of-way easements on property owned by The City of Fayetteville and The Fayetteville Public Library. This request is one part of the broader PUBLIC LIBRARY EXPANSION PROJECT. The library expansion project will require that some of the existing easements be vacated, and new easements be dedicated in other locations. Specifically, the easements to be vacated are as follows: 1) A 3' wide public street and utility easement dedicated per document 1071-743. This easement, located at the southern entrance to the library, will no longer be needed, as this area is part of the landscaped area of the library expansion. 2) A portion of a utility easement dedicated per plat 23-19, south of the south parking deck entrance. A portion of the new building will be in this location. 3) An existing access easement located south of Rock Street that is no longer needed. 4) A general utility easement that was created when West Rock Street was vacated per ordinance 6014. Any utilities in this area will be relocated, with new utility easements created. Please see the attached EASEMENT PLAT SURVEY for the location of the easements to be vacated, as well as the location of the new prosed easements. Feel free to contact Bates & Associates with any questions or concerns. Sincerely, Justin Reid - Bates & Associates, Inc. Planning Commission April 22, 2019 Agenda Item 9 19-6630 Fay. Library Page 4 of 14 VAC 19-6630 Petitions to Vacate PETITION TO VACATE A 10' ACCESS EASEMENT, DEDICATED PER DOCUMENT 2002-72736, LOCATED IN BLOCK 37 ON THE ORIGINAL PLAT OF THE 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 10' ACCESS EASEMENT, DEDICATED PER DOCUMENT 2002-72736, hereinafter sought to be abandoned and vacated, LOCATED IN BLOCK 37 ON THE ORIGINAL PLAT of the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a SO' ACCESS EASEMENTwhich Is described as follows: A,101 ACCESS EASEMENT BEING LOCATED IN BLOCK 37 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 37AND RUNNING N87'36'57"W 10.00', THENCE S02°18'17"W 3.00', THENCE N87°36'57"W 140.00' TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT AND RUNNING THENCE S02°23'03"W 67.00', THENCE S87°36'57"E 60.00', THENCE 502'23'03"W 10.00', THENCE N87°36'57"W 70.00', THENCE NO2°23'03"E 77.00', THENCE 587'36'57"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, OR 1370.00 SQUARE FEET, MORE OR LESS. . That the abutting real estate affected by said abandonment of the 10' ACCESS EASEMENT, DEDICATED PER DOCUMENT 2002-72736, LOCATED IN BLOCK 37 ON THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS 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 10' ACCESS EASEMENT, DEDICATED PER DOCUMENT 2002-72736. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate 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 property 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 ACCESS EASEMENT. Dated this 2_ day of -M^U vw . 2019. Printed Name �a .d vrti.l r..J REPRESENTATIVE OF THE FAYETTEViLLE PUBLIC LIBRARY Signature LrLaL--- Planning Commission April 22, 2019 Agenda Item 9 19-6630 Fay. Library Page 5 of 14 PETITION TO VACATE A UTILITY EASEMENT, DEDICATED PER ORDINANCE 6014, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayettevllle City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the UTILITY EASEMENT, DEDICATED PER ORDINANCE 6014, hereinafter sought to be abandoned and vacated LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34 ON THE ORIGINAL PLAT of the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a UTILITY EASEMENT which Is described as follows: A UTILITY EASEMENT DEDICATED PER CITY OF FAYE17EVILLE ORDINANCE 6014, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, SAID EASEMENT ALSO BEING LOCATED EAST OF THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, AND WEST OF THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, ALL IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT10-WIT: BEGINNING AT A POINT ON THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE WHICH IS N87'36'57"W 10.00' FROM THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY 302'18'17"W 3.00', THENCE LEAVING SAID RIGHT-OF-WAY N87 -3617"W 310.80' TO THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N00'45'30"E 41.64, THENCE LEAVING SAID RIGHT-OF-WAY 587'38'16"E 311.95' TO THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02'16'17"W 39.75, TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, OR 13294.17 SQUARE FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the UTILITY EASEMENT, DEDICATED PER ORDINANCE 6014, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS ,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 UTILITY EASEMENT, DEDICATED PER ORDINANCE 6014. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate and that the above described real estate be used fortheir 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 property 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 UTILITY EASEMENT. Dated this Z T day of MhAe-R . 2019 .. FAYMEVILLE PUBLIC Printed Name _ 49 Signature Dated this Mday of 2019 Planning Commission April 22, 2019 Agenda Item 9 19-6630 Fay. Library Page 6 of 14 PETITION TO VACATE A PORTION OF A STREET & UTILITY EASEMENT, DEDICATED PER DOCUMENT 1071- 743, LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE 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 STREET & UTILITY EASEMENT, hereinafter sought to be abandoned and vacated, LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT of the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a STREET & UTILITY EASEMENT which is described as follows: A 3' STREET AND UTILITY EASEMENT LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87'38'16"W 140.00' FROM THE SOUTHEAST CORNER OF SAID BLOCK 34 AND RUNNING THENCE N87°38'16"W 116.31', THENCE NO2°21'44"E 3.00', THENCE S87 -38'16"E 116.31', THENCE S02°21'44"W 3.00' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, OR 348.93 SQUARE FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the STREET & UTILITY EASEMENT, DEDICATED PER DOCUMENT 1071-743, LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS 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 STREET & UTILITY EASEMENT, DEDICATED PER DOCUMENT 1071-743. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate 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 property 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 street and utility easement. Dated this _day ofirl I_ _, 20119. Printed Name_ r� `� REPRESENTATIVE OF CITY OF FAYETTEVILLE Planning Commission April 22, 2019 Agenda Item 9 19630 Fay. Library Page 7 of 14 PETITION TO VACATE A PORTION OF A UTILITY EASEMENT, DEDICATED PER PLAT 23-19, LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE 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 UTILITY EASEMENT, hereinafter sought to be abandoned and vacated, LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT of the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a UTILITY EASEMENT which is described as follows: A PORTION OF AN EXISTING UTILITY EASEMENT DEDICATED PER PLAT 23-19, BEING LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON THE FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87"38'16"W 139.72' AND NO2°18'17"E 64.78' FROM THE SOUTHEAST CORNER OF SAID BLOCK 34 AND RUNNING THENCE N87°42'41"W 20.00', THENCE NO2°18'17"E 22.00', THENCE N87°42'41"W 7.91', THENCE NO2°40'37"E 20.00', THENCE S87 -42'41"E 27.78', THENCE S02"18'17"W 42.00' TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, OR 996.91 SQUARE FEET, MORE OR LESS That the abutting real estate affected by said abandonment of the UTILITY EASEMENT, DEDICATED PER PLAT 23-19, LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS 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 UTILITY EASEMENT, DEDICATED PER PLAT 23-19, LOCATED IN BLOCK 34 ON THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate 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 property 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 easement. Dated this _ day of. .2019. Printed Name YAiXJt'AD —UMM-P. __ REPRESENTATIVE OF CITY OF FAYETTEVILLE Planning Commission April 22, 2019 Agenda Item 9 19-6630 Fay. Library Page 8 of 14 FAYETTEVILLE PUBLLC LIBRARY j1 EASEMENT PLAT (PAGE I OF 3) VAC 19-6630 II Vacation Exhibit IL (//J�/J. ' RhiAt N! i AN t3 S IUI R_ Rlt �µ'1 ^ , Y •.r' a_.. !— _ai# M nR'T13Y I -y, £- jl �•luss ra Al. na omn.r I., i kt3aL.v Lm— FAR.,I I.kI ,r. rn.CF. R.v I' . ir. }jj3 •(5(:4 T==yy{'uF _ �.._. - (' NI TOTAL ACREAGE 6.61 ACRES �v t�y`' .,nrnnm.,LRrW nrntc,n�rr nx nlsr nL,mrrm t `e1 u,T-I �tij -Skk N'W lltl#CATIUV ALIX'RIrrIU,V •1�� -} kTi < * Iy ' FIDER 0' 30' 60' 90• . ! • y �� �:' f I I( MPAD (' i\Rwh 4FNYHIC K'AU: PVlRh I' .! �. �1 I•' � PARCEl dT65-GF('i3O.. A00 1MaY�YM. �~� " s'kll'cfRICV.G rla rnrs n.,T `� ^Ily�� .< rnanuuto.usr RN -• «�r. + 1 y rARX1; 1(: PARXR4 IARkIA'C 5 i I Ix:tX — A}:CK FARKitif. fAR �µ - i EVTRY EVTRY EVTIl,' gg' M'K L' i tom-, ENTRY I 1 I � - LI°�-•--_J `/� TO AC tlACATI'n I� ' i O •� � -•-.I-J(- � a_. L j � aLF.vAC.(NSCRIPttnA [3 �, n M gg >�j`lIl(,INTn\ FR6ERVARAA' .� r �AO, ��� Ay �`l J�` ''�..i �/ n•,,,....!•J NAII. ,R Ft..T t I - I L /ri / —� •J�' Ia 7}j+ arJrk t•,r' h`1 �•rs'ITI , f n•.u1ry uRF, �. °t J ((� // .-..J %l'4� '� � i }' �� 1 NSOe•fx.T.S.) �L L .._ � �- � �.:"^ Yi`_•sl__ �,�[ Ia W. IVDMSib'N� -! i �� I �ix• tom`: i� n, .�... II_;o- I r - i �"� .: �. !r .-.7...{ .v Yr}e.! xR-}aSrW _ "t IIKu.Ewes X+•. Sre- I , r+nm - erx. _"';— —.gi bzas I .". i�� h r • tam I MGq �L,2 TtN.T3) I.. f . -1 r.,st vs..� t\). I 1/ .L v, .r ' '1q r •+ , .. R,'ve rr,,a?sEo,RCCmse•\C,.carn j / :vnc.a ! I t' ��; �«.,.. �M♦FF. T[EEr2r3Lh\'111:WF.cr.NT`+i fpiXClSf;A\YRIMARYh y/ Y (I I - ns x:arrly.>F- I $ e` PARCEL d%a5-C:tLc-aa Rn rzslm �' 4. }* i7� t{ ^t , l'NnPtt,iaUii, 4L ki M.TRR' _ y[.I ., ....1�6 • IQx ION'At)R <(:WIR I;AR4.NF,` ,- # 4 t n,REx+Ar„>A,z.n,!e1 Numbers - ' I i Imo_, =j° -teD.2-occ Io ncr.. c .... ,x°D}.,±nb ,clnx. vAfr ren . ,yI � scr v.,cAT x+A xnrrnm•'} a !'� €', Y,r. � correspond to a.,.v:3r, �,>r Q i Is z, '�; ,,: g Ii Request Letter ------- ' :.x'• w p—'= .i .E N. I -Jam"--:� �=✓��� _( " narrative ' A7TI AI. M,•n n,c..,trD ,:/ :+" {K ,� a - i F aTnlSrurrn.,Tturm I , .<eL W'N�nkuR�A,u}. a I I KM,KI•,.IY.:.,,.,YTR � � �'�' �i i i� �� �t�'� I � • ( j \1.1 il,l.k .\'r R'an I.FL Tai[ �/' !.� �_ •� r $ Bates LEGE ND: WW r R.v Fr/aMD1 .,I YDLY ,Yf. ft.`'k 1'rE,YLt1 ttRLK'LI4 :'t,R, Wz .xuR �aatnp..paw t.. o ».lv r..cmwL 3 Mv1[D 77 n=Planning Cor mission 44: April r.2,2019 Agenda Item 9 19-6630 Fay, Library Page 9 of 14 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6014 File Number: 2017-0627 VAC 17-5963 (ROCK ST. BETWEEN WEST AVE. AND SCHOOL ST./ROCK ST. ROW): AN ORDINANCE TO APPROVE VAC 17-5963 FOR PROPERTY LOCATED AT ROCK STREET BETWEEN WEST AVENUE AND SCHOOL STREET TO VACATE A PORTION OF THE ROCK STREET 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 Rock Street 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 Council of the City of Fayetteville, Arkansas hereby vacates a portion of the Rock Street right-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 conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. A utility easement shall be retained with a width of 20 feet in association with the existing AEP/SWEPCO Page 1 Printed on 11/27/17 Planning Commission April 22, 2019 Agenda Item 9 19-6630 Fay. Library Page 10 of 14 Ordinance: 6014 Fite Number.' 2017-0627 facilities outlined above; I A utility easement shall be dedicated with a width of 10 feet prior to the relocation of existing gas mains which will connect School and West Avenues; 4. A utility easement shall be retained with the width of 20 feet in association with the existing 6 -inch sanitary sewer, l0 -inch water, and 12 -inch water lines; 5. A utility easement shall be dedicated for existing fire hydrants and water lines that serve them; and 6. Future site design shall incorporate the minimum right-of-way for a two-way alley through the property between School and West Avenues. PASSED and APPROVED on 11/21/2017 Attest: Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 11/27/17 Planning Commission April 22, 2019 Agenda Item 9 19-6630 Fay. Library Page 11 of 14 VAC 19-6630 One Mile View FAY. PUBLIC LIBRARY 0 0.125 0.25 0.5 Miles ciL LIL L�L R\1F--t0 i f Al I I: IJ Subject Property .I TH R KitYG B`LVp JRt� t tr--- RPZD Legend E Planning Area — Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L^_� Design Overlay District Building Footprint Pi E 12:11 F -2-t : Planning Area --- - u Fayetteville City Limits RSF4 E ST t" 1 I 717 -a s l 1 i _,1 C: RSF-181 AJ,Itt222019 i Agenda tem 9 19-6630 Fay. Library Page 12 of 14 Zonmy EXTRACTION RESIDENTIALSINGLE-FAMILY ®E., "v R.fGntl.Lllprirutve.I COMMERCIAL RSF.S RNEwrWbM RST -4 `C., RST1C3 RSF @ C. RST -I FORM HAS ED DISTRICTS sm - RST -,A �LMIIn Tliwapn6t. RESIDENTIAL MULTI -FAMILY �ANnStrti C�Yr �Rr-tt n..a...wl t • RMFa G7 c— r...Y RMF-tt tMy� WrIr�RE s.rvs.. ra RMF.,. a N.Nnnoma<a cm.,n.A>t - ©AMT- PLANNED ZONING DISTRICTS C=M— ^LUCarm . WUArW,RaaWY1 INDUSTRIAL INSVI TIONAL - NRrI Donvrt,rCN �W l9M bnrW �I t- �'''G"""'"""" Planning Co mission AJ,Itt222019 i Agenda tem 9 19-6630 Fay. Library Page 12 of 14 Agenda Item 9 19-6630 Fay. Library Page 13 of 14 VAC 19-6630 FAY. PUBLIC LIBRARY A&L Current Land Use NORTH ;. _4 IfMOUNTAIN ''r '+ t • Public Library►, , 10 t 01 - € Mixed -Density { �� Mixed De Residential Mixed -Density a .� Residential ,¢y tt r . ¢-.t �' 4t f f f .;. sir--ey .=.*i ` �. :`• x.'♦�.rJ j+i. �>, r rSr ROC J tr Subject operty v A Su ct Pr 1 iW. yc s t t Mi ed ensity esi en is i Planned Library ExpansionIf r .'�. � iF'�i�x4 °�' �t`1, ' J f� � '�! �w� �� f_ r ""�r � •�7i it �i� �'� � �.j{y[,���i�i'� ,/tom"�i' 1 �. � - ''y� � .. � �: +a ♦ �' � �• � R � .�f.};�' � F 1.... /, FEMA Flood Hazard Data 100 -Year Floodplain Feet Floodway � _ _ �; Planning Area :- - -1 0 35 70 140 210 280 - -, Fayetteville City Limits — —. 1 inch = 100 feet j -- Design Overlay District Planning Co mission 22, 2019 Agenda Item 9 19-6630 Fay. Library Page 14 of 14 Ordinance:6182 File Number: 2019-0219 VAC 19-6630(401 W.MOUNTAIN ST/FAYETTEVILLE PUBLIC LIBRARY): AN ORDINANCE TO APPROVE VAC 19- 6630 FOR PROPERTY LOCATED AT 401 I� WEST MOUNTAIN STREET VACATE ORTHWEST ARKANSAS PORTIONS OF STREET RIGHT-T-OF-WAY, ACCESS EASEMENT,AND UTILITY EASEMENTS NECESSARY FOR THE -� FAYETTEVILLE PUBLIC LIBRARY Democrat tf: " izQtte EXPANSION PROJECT �'' WHEREAS,the City Council has the authority under A.C.A.§14-54-104 to vacate public ED.BOX%07,FAYETTEVILLE,A€:.72702. 79-442.1700.FAX;479-695-112> r'PAI MVAoG.I:OM 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 right-of-way,access easement,and utility AFFIDAVIT OF PUBLICATION easementsurposes. are not required for corporate purposes. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I Carla Gardner, do solemnl swear that I am the Director of Finance for the FAYETTEVILLE,ARKANSAS: y Section 1:That the City Council of the City of Northwest Arkansas Democrat-Gazette, printed and published in Fayetteville,Arkansas hereby vacates the portions of street right-of-way,access easement, Washington County and Benton County, Arkansas, and of bona fide and utility easements as described in Exhibit B attached to the Planning Department's memo. circulation, that from my own personal knowledge and reference Section 2:A copy of this Ordinance duly to the files of said publication, the advertisement of: 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 Section 3:This vacation approval is subject to Ord. 6182 the condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 5/7/2019 Approved: Was inserted in the Regular Edition on: Atte fldd Jordan,Mayor Sondra E.Smith,City Clerk Treasurer 74941958 May 16,2019 May 16, 2019 Publication Charges: $ 97.50 / `. / aria Gardner Subscribed and sworn to before me This) day of A , 2019. eAleti Notary Public My Commission Expires: 42-0)2 CATHY WILES • Arkansas-Benton County Notary Public-Comm# 12397118 My Commission Expires Feb 20,2024 b **NOTE** Please do not pay from Affidavit. Invoice will be sent.