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HomeMy WebLinkAboutOrdinance 6295� 04 t�rfrrp�t 9qA AN5 A5 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6295 File Number: 2020-0187 SAIN STREET EXTENSION PROJECT: 111111l111111111111111111111111111111 �11111111! 111111111� 1111r 11111!l1111111 r111 DOC I❑: 019182690006 Type: REL K[nd: OR?INANCE Recorded; 04/30/2020 at 01:38:04 PM Fee Amt: $40,00 Page i of 5 Washington County, AR Kyle Sylvester Circuit Clerk Pfie2o2o-00013631 AN ORDINANCE TO VACATE A PORTION OF RIGHT-OF-WAY FROM FRONT STREET TO JOYCE BOULEVARD FOR THE SAIN STREET EXTENSION 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 portion of 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 street right- of-way as described in Exhibit C attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. PASSED and APPROVED on 4/7/2020 Page 1 Printed on 418120 File Number: 2020-0187 Ordinance 6295 ���ftfftl�lr Attest: ,.Rri, TRC��•,f� Y U; : FAYETTEVILLE Kara Paxton City Clerk Treasurer 5 ,• �; Page 2 Printed on 418120 EXHIBIT 'A' Partial Vacation of Right -of -Way for Sain Street Existing Sain Street Shown EXHIBIT 'B' Partial Vacation of Right -of -Way for Sale :street r� Future Saln Strut Shovm PANERA BREAD COMPANY Pia_ 'war— - — Pg—gN93 p PI1- VACATION AREA xx--- 11,832 SQ. Fr. EXHIBIT 'C' Partial Vacation of Right -of -Way for Sain Street Legal Description A part of the platted Sain Street in the City of Fayetteville, in Washington County, Arkansas, said Sain Street as depicted on the final plat for the AW Realty Subdivision in the City of Fayetteville as recorded in Washington County plat book 6, page 555 for the street, and on the final plat for the Vantage Square Subdivision in the City of Fayetteville as recorded in Washington County plat book 9, page 13 for the associated cul-de-sac; said street being coincident with Lot 11 of Vantage Square, Unit 2, as described in a deed filed as Washington County document 94-047826 and depicted on a plat filed in Washington County Plat Book 10, Page 79; and the said part of Sain Street being more particularly described as follows: Commencing at the original southwest corner of the said Lot 11 of Vantage Square, Unit 2, thence along the platted north line of Sain Street for the following courses: along a non -tangent curve to the east, concave to the north, with a radius of 1,115.51 feet and arc length of 59.38 feet for a chord of N85004'27"E 59.37 feet to the Point of Beginning; thence continuing 175.94 feet along the 1,115.51 feet radius curve for a chord of N79°01'52"E 175.76 feet; thence leaving the curve, along a non -tangent curve to the east, concave to the south, with a radius of 60.00 feet and arc length of 236.29 feet, for a chord of S84012'36"E 110.61 feet; thence leaving the platted north line of Sain Street S88036'00"W 34.64 feet; thence S81 °54'26"W 181.92 feet; thence N88030'57"W 67.90 feet; thence N00030'16"E 2.41 feet to the Point of Beginning, enclosing 11,832 square feet, or 0.272 acres. S00° 30' 16.34"W 2.415 EXHIBIT 'D' Partial Vacation of Right -of -Way for Sain Street Bearings & Distances of Legal Description 67.895 . _736.021. Ric,. 3' 36' 00.46" E 638 Washington CountY, AR 1 certify this instrument Was filed on 04/30/2020 01:38:04 PM and recorded in Real Estate File ►Number 2020.00013631 Kyle SylVe$ter - Circuit Clerk by - City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 ' (479) 575-8323 ti• Text File File Number: 2020-0187 Agenda Date: 4/7/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 4 SAIN STREET EXTENSION PROJECT: AN ORDINANCE TO VACATE A PORTION OF RIGHT-OF-WAY FROM FRONT STREET TO JOYCE BOULEVARD FOR THE SAIN STREET EXTENSION 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 portion of 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 street right-of-way as described in Exhibit C attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. City of Fayetteville, Arkansas Page I Printed on 4/8/2020 City of Fayetteville Staff Review Form 2020-0187 Legistar File ID 3/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Paul Libertini 2/26/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO VACATE A PORTION OF RIGHT-OF-WAY FOR SAIN STREET FROM FRONT STREET TO JOYCE BOULEVARD. Budget Impact: Account Number 06035.3400 Fund Sain Street Construction Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title $ - Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF 03/17/2020 TO: Mayor Jordan THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engineer DATE: February 26, 2020.4�0_e CITY COUNCIL MEMO SUBJECT: An Ordinance to Vacate a portion of Right -of -Way for Sain Street from Front Street to Joyce Boulevard RECOMMENDATION: Staff recommends approval of an ordinance to vacate a portion of the Sain Street right-of-way as shown is the attached Exhibits. BACKGROUND: As part of the City's current bond projects, the Sain Street extension between Front Street and Joyce Boulevard is under design in accordance with the Master Street Plan. The alignment of the planned extension does not follow the old right-of-way corridor but moves slightly to the south and east. The landowner of either side of the existing right-of-way for the Sain Street Cul-de-sac is A.W. Realty Company. The City is currently in the land acquisition phase to acquire the needed right-of-way and easements to construct the new roadway and bridge to make the connection to Joyce Boulevard from Front Street. As required by Federal guidelines for a federally funded project, the City hired Reed & Associates, Inc. to perform a real estate appraisal to determine the fair market value of the required acquisition. Their report concluded that the City should offer a total of $445,800.00 for Tract 2 and Tract 9 owned by A.W. Realty Company. Subsequently, the City discovered that a large portion of "abandoned" right-of-way for Sain Street was never technically abandoned. The Planning Division has concurrently submitted an Agenda Item (Legistar File 2020-0061) requesting an amendment to Ordinance 2883 to rectify this technicality. This action will result in 24,706 sq. ft. of land reverting back to A.W. Realty. Additionally, the City no longer needs the portion of existing right-of-way (11,832 sq. ft.) shown in the attached exhibits which is outside of the proposed Sain Street construction limits which was originally set aside for the construction of a cul-de-sac that was never built. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: A.W. Realty has indicated that they would like the City to vacate this right-of-way which will revert back to A.W. Realty to use as developable land. A revised Offer Letter was sent out to and has been signed by A.W. Realty agreeing to the City's reduced offer amount based on the reduction of 36,538 sq. ft. of right-of-way that will revert back to their ownership once this vacation and the amended ordinance are approved by City Council. BUDGET/STAFF IMPACT: Approval of this right-of-way vacation will save the City $59,160.00 in land acquisition costs for this project. Approval of the referenced amendment to Ordinance 2883 will save the City another $123,530.00 for a total savings of $182,690.00. Total value of the right-of-way and easements to be acquired was $445,800.00. Net payment to A.W. Realty is $263,110.00. Attachments: • Offer Letter signed 02/26/20 by AW Realty Company • GIS Exhibit — Proposed Vacation of Sain Street Right -of -Way • Exhibit A — Existing Sain Street Shown • Exhibit B — Future Sain Street Shown • Exhibit C — Legal Description • Exhibit D — Bearings & Distances of Legal Description January28, 2020 AW Realty Company c/o SW Energy Attn: Murray Williams 10000 Energy Drive Spring TX 77389 RE: Sain Street Extension Tracts 2 & 9 - Parcel No. Revised Offer Letter Dear Madam or Sir: CITY OF FAYETTEVI LLE ARKANSAS 765-16854-000 & 765-02504-000 As you are aware the City of Fayetteville is planning to extend Sain Street in a northeasterly direction across Mud Creek to connect with Vantage Drive just south of Joyce Boulevard in Fayetteville. You were presented with an offer for the acquisition of additional right of way, permanent grading easements and permanent drainage easements in October and you graciously accepted that offer, however it was brought to our attention that a portion of Sain Street previously thought abandoned and vacated in 1983, was not thanks to a reversionary clause in the Ordinance regarding the construction or failure of construction of the cul de sac on Sain Street. Therefore, the original Sain Street right of way is still in existence as it was prior to that Ordinance in 1983. We have petitioned our City Council to approve the vacation of that street once again as well as the vacation of the cul de sac, pursuant to the following: The proposed vacated portion of Sain Street across both tracts belonging to AW Realty Company totals 24,706 square feet. The proposed vacated portion of the cul de sac on property belonging to AW Realty Company totals 11,832 square feet. Based on the appraisal by Mr. Reed for Tract 9, this ROW is valued at $182,690.00. For Tract 2: The City of Fayetteville previously offered $5,800.00 for the rights associated with the permanent drainage easement (1,425 square feet). For Tract 9: The City of Fayetteville previously offered: $223,300.00 for additional right of way (44,549 square feet), $127,500-00 for the nghts associated with the permanent grading easement (25,502 square feet) and $9,300.00 for the rights associated with the permanent drainage easement (1,859 square feet) and $79,900.00 in damages to the remainder for total offer of $440,000-00. For a total previous offer on both tracts of $445,800.D0 Our adjusted offer taking into consideration the value of the vacated right of way is $263,110.00. Should you elect to accept this offer, please sign below and return to Holly Jones, Land Agent and the Warranty Deed, Permanent Grading Easement and Permanent Drainage Easements you previously executed will be processed, contingent upon City Council approval of this signed agreement and the vacation documents as presented to them for Sain Street and the cul de sac. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (h ones faVetteviile-ar.gov) or Brandi Samuels at (479) 444-3421 (bsamuels fa ettevilie-ar_ ov).. For engineering questions or concerns, please contact Paul Libertini, Staff Engineer at (479) 444-34 9 or ( libertini fa etteville-ar. ❑v), Matt Casey, Engineering Design Manager at (479) 444- 3429 or (mcaseyy@fayetteville-ar.gov), or you can reach me at cbrown_@fayettevilie-ar-gay. Sincerely, �c1.RiS �Raww� City Engineer CB/hj AW Realty ompa y BY:__ Date: 1 �~ r AttestNVitness: L/L/ - City of Fayetteville Engineering Division of Development Services 125 W Mountain Street: 479-575-8206 Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov PROPOSED VACATION OF SAIN STREET RIGHT-OF-WAY r '3 II F 1 t-� JPYCEBLYI? a _ .•� � ► 4f • y � • 0 Portion of Sain Street Right -of -Way .` • ; '' + L to be Vacated ; • ,• Sain Street Right -of -Way to be Vacated by Amending ■ . _ •+`F•• ' Ordinance No. 2883 - • �,.•� ��• Legistar File ID 2020-0061 J t+` SA1N STREET ti. 'n r. z O - � 2/26/2020, 2:30:50 PM County Parcel Abandoned Right -of -Way Right -of -Way AH TD } Farmington Fayetteville Goshen Greenland Institutional Drive-AHTD Johnson RR Springdale . University ofArkansas Washington County Elm, .1 r . 1:4, 514 0 00375 0 075 0 005 01 015 mi 02 km The data contained herein w as co mpiLd from venous sources for the sale use and bondit of he City of Fayetteville Geographic Info rmabm System and the pub[: agencies it se Any use of the data by anyone other than he City of Fayettevdle ns at the sole nsk of the and by acceptance or Ih's data, the user does hereby agree tc indemrnly he City of Fay eltevill, aid held he City of Fayetteville harmless from and wilhcut liability for any ,aims, ,aims, cost for damages of any nalure, including he city's cost of defense, asserted by user a by another raising from the use of this data The City of Fayetteville makes rm express or implied ware me—it,reference to the data No vend, phrase, or clause found herein shall be ca ns tru ed tow. . owary a th a tort immun ity set forth under Arkansas law EXHIBIT 'A' Partial Vacation of Right -of -Way for Sain Street Existing Sain Street Shown • VACATION AREA - 11,832 SQ. PT. r f 1 1 PANERA BREAD COMPANY r 1if • LU L7 i+; SAIN STREET + �+ m- �; Nr -ter EXHIBIT 'B' Partial Vacation of Right -of -Way for Sain Street Future Sain Street Shown PRGPOSED F1W VACATION AREA ��• �--- 11,832 SQ. FT. f PANERA BREAD COMPANY aLLr lh -- - r-- ----- --- --5APY-STA.EEL-_ U) z f + I > w 3 LL EXHIBIT 'C' Partial Vacation of Right -of -Way for Sain Street Legal Description A part of the platted Sain Street in the City of Fayetteville, in Washington County, Arkansas, said Sain Street as depicted on the final plat for the AW Realty Subdivision in the City of Fayetteville as recorded in Washington County plat book 6, page 555 for the street, and on the final plat for the Vantage Square Subdivision in the City of Fayetteville as recorded in Washington County plat book 9, page 13 for the associated cul-de-sac; said street being coincident with Lot 11 of Vantage Square, Unit 2, as described in a deed filed as Washington County document 94-047826 and depicted on a plat filed in Washington County Plat Book 10, Page 79; and the said part of Sain Street being more particularly described as follows: Commencing at the original southwest corner of the said Lot 11 of Vantage Square, Unit 2, thence along the platted north line of Sain Street for the following courses: along a non -tangent curve to the east, concave to the north, with a radius of 1,115.51 feet and arc length of 59.38 feet for a chord of N85004'27"E 59.37 feet to the Point of Beginning; thence continuing 175.94 feet along the 1,115.51 feet radius curve for a chord of N79001'52"E 175.76 feet; thence leaving the curve, along a non -tangent curve to the east, concave to the south, with a radius of 60.00 feet and arc length of 236.29 feet, for a chord of S84012'36"E 110.61 feet; thence leaving the platted north line of Sain Street S88°36'00"W 34.64 feet; thence S81 °54'26"W 181.92 feet; thence N88°30'57"W 67.90 feet; thence N00030'16"E 2.41 feet to the Point of Beginning, enclosing 11,832 square feet, or 0.272 acres. 2.41'_ EXHIBIT 'D' Partial Vacation of Right -of -Way for Sain Street Bearings & Distances of Legal Description 67.895 _ cn-)i_. 88° 36' 00.46"E 1.638 RECEIVED 1[kM="QMW����tt� P. ?; 1607, . -Y FTTEI iLL2 AP. 7,2702 Z7r:••442-1700 • FAX 4 7, ,5 i1 3 'YN"N h- N`NAC' c0t.• AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ord 6295 Was inserted in the Regular Edition on: April 16, 2020 Publication Charges: $75.40 Brittany Smith Subscribed and sworn to before me This 66 day of �Pr, 2020. — Ajl�_ , Notary Public My Commission Expireywn�ZDZ� * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. APR 21 2020 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 6295 File Number: 2020-0187 SAIN STREET EXTENSION PROJECT: AN ORDINANCE TO VACATE A PORTION OF RIGHT-OF-WAY FROM FRONT STREET TO JOYCE BOULEVARD FOR THE SAIN STREET EXTENSION PROJECT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thcrcni which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of street right-of-way is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section I: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of street right-of-way as described in Exhibit C attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. PASSED and APPROVED on 4n12020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75258470 Apr. 16, 2020