HomeMy WebLinkAboutOrdinance 6296113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6296
File Number: 2020-0061
ADM 20-6998 AMEND ORDINANCE NO. 2883 SAIN STREET:
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Doc 1D; o191B27000a5 Type: REL
Kind: ORaIHANCE
Revorded: D4130/2020 at 01:38:33 PM
Fee Amt: $35.00 Page 1 .of 5
Washfnptan County ArtKyle Sylvester Circuit Clerk
File2020-00013632
AN ORDINANCE TO AMEND ORDINANCE NO. 2883 BY REMOVING THE REQUIREMENT TO
CONSTRUCT A CUL-DE-SAC AT THE END OF SAIN STREET
WHEREAS, on December 21, 1982, the Fayetteville Board of Directors approved Ordinance No. 2883
which vacated a portion of the right-of-way for Sain Street between North Front Street and Joyce
Boulevard; and
WHEREAS, Section 3 of this ordinance required the construction of a cul-de-sac at the end of Sain
Street as a condition of abandoning the right-of-way but the cul-de-sac was never constructed; and
WHEREAS, as one 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 with a different
alignment so the issue of the old right-of-way corridor not being legally abandoned needs to be
corrected to facilitate new right-of-way acquisition and construction of the project.
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 Ordinance No. 2883 by
removing Section 3 as shown on Exhibit A attached hereto.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit B 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: 2020-0061
Ordinance 6296
Attest: ����►+ + + �! + ►,,��
Yp i EVILLE
Kara Paxton, City Clerk Ti-casiiter'.
let GTC)Ni lo\\\
Page 2 Printed on 418120
Ark
EXHIBIT 'A'
ADM 20-6998 (Amendment to Ordinance 2883)
Page 1 of 2 �.
pp ,yr
ORDINANCE NO. `� o d 3 �•.
All ORDINANCE. VACATING AND ABANDONING A PORTION OF
SAIN STREET.
WHEREAS, the Board of Directors has the authority under
Ark, Stat. Ann. §19-2304 to vacate portions of streets which
are not required for corporate purposes; and
IMEREAS, the Board of Directors has determined that the
following described portion of Sain Street is not required
for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. ThaE the Citv of Fayetteville, Arkansas
hereby ruses, vacates, and abandons all of its rights
together with the rights of the public generally in and to
the following described property:
A part of the SEk, NE.--,, Section 26, T-17-N, R-30-W,
Washington County, Arkansas, being a part of Sain Street
as shown in Plat Book 1, oage 555, and more particularly
described as follows:
Beginning, aC a point 504.90 feet north and 164.48 feet
west of the Southeast Corner of the aforementioned
SE'k, NE'k, Section 261 said point lying, on the southerly
right-of-way of the fforemenrioned nLatted Sain Street
an the east end Ehereof; thence N 440 43' 00" W 60.00
feet along said right-of-way at the east end of platted
Sain Street to the Northerly right-of-way thereof;
thence S 45' 17' 00" Sd 71.13 Eeer along said northerly
right-of-way; thence along said northerly right-of-way
379.54 feet with a curve to the right having a central
angle of 19° 29' 39" and a radius of 1,115.51 feet;
thence 95.86 feet along a curve to the right having a
central angle of 91° 32' 28", a radius of 60.00 feet,
and a chord bearing and distance of S 22° 05' 24" W
95.99 feet to a point on the southerly right-of-way of
the aforementioned platted Sain Streec; thence along
said southerly rightrOf-way 463.19 feet with a curve to
the left having a central angle of 220 34' 35", a radius
of 1,175.51 feet and a chord bearing and distance of
N 566 34' 18" E 460.20 feet; thence along said southerly
right-of-way N 45" 17' 00" E 71.13 feet to the point of
beginning; ALSO
9w.9 071 930
EXHIBIT 'A'
ADM 20-6998 (Amendment to Ordinance 2883)
2 _ Page 2 of 2
A part of the SE 1/4 of the NE 1/4 in Section 26 and
a part of the W 1/2 of the NW 1/4 of Section 25, all
in T-17-N of R-30-W, Washington County, Arkansas,
more particularly described as follows: A strip of
land 60 feet wide being 30 feet either side of the
center line herein described: Beginning at a point
that is 526.11 feet North and 185.49 feet West of
the Southeast Corner of the aforementioned SE 1/4
of the NE 1/4 in Section 26; thence North 45*17'
E 870.17 feet; thence Northerly along a 15 degree
circular curve 208.56 feet; thence N 14°00' E 49.95
feet to the center line intersection of Sain and
Joyce Streets.
Section 2, A copy of this ordinance duly certified
by the C ty G erk_@hal.l be filed int he office of the,
Recorder of the County and recorded in the deed records of
the County.
ion 3. This ordinance shall be of n and
and a ect, a e totally vo' cul-de-sac
is not constructed in ac City specifications
at the dead a existing pavement c-a-t�the
��A�rD —APPROVEll thisday of
198 .;L- .
APPROVED:
' , � !s .:f •����If gull
A
ATTEST:'
CITY CLERK
=1071 931
remove section 3
from the ordinance
Washington County, AR
I certify this instrument was filed on
04/30/2020 01:38:33 PM
and recorded in Real Estate
File Number 2020-00013632
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
( (479) 575-8323
`}J Text File
File Number: 2020-0061
Agenda Date: 4/7/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 5
ADM 20-6998 AMEND ORDINANCE NO. 2883 SAIN STREET:
AN ORDINANCE TO AMEND ORDINANCE NO. 2883 BY REMOVING THE REQUIREMENT TO
CONSTRUCT A CUL-DE-SAC AT THE END OF SAIN STREET
WHEREAS, on December 21, 1982, the Fayetteville Board of Directors approved Ordinance No. 2883
which vacated a portion of the right-of-way for Sain Street between North Front Street and Joyce Boulevard;
and
WHEREAS, Section 3 of this ordinance required the construction of a cul-de-sac at the end of Sain Street as
a condition of abandoning the right-of-way but the cul-de-sac was never constructed; and
WHEREAS, as one 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 with a different alignment so the
issue of the old right-of-way corridor not being legally abandoned needs to be corrected to facilitate new
right-of-way acquisition and construction of the project.
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 Ordinance No. 2883 by
removing Section 3 as shown on Exhibit A attached hereto.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit B
shall be filed in the office of the Washington County Circuit Clerk.
City of Fayetteville, Arkansas Page 1 Printed on 411512020
City of Fayetteville Staff Review Form
Legistar File ID
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 2/28/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM 20-6998: Administrative Item (Amendment to Ordinance 2883/Sain Street ROW Vacation, 174/175):
Submitted by the DEVELOPMENT SERVICES DEPARTMENT for property located in the Sain Street extension area
between the Fulbright Expressway and Joyce Boulevard.
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
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
w4wr ARKANSAS
MEETING OF MARCH 17, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
Matt Casey, Engineering Design Manager
FROM: Holly Jones, Land Agent
Paul Libertini, Staff Engineer
Jonathan Curth, Development Review Manager
DATE: February 28, 2020
CITY COUNCIL MEMO
SUBJECT: ADM 20-6998: Administrative Item (Amendment to Ordinance 2883/Sain
Street ROW Vacation, 174/175): Submitted by the DEVELOPMENT SERVICES
DEPARTMENT for property located in the Sain Street extension area between the
Fulbright Expressway and Joyce Boulevard.
RECOMMENDATION:
Staff recommends approval of an ordinance to amend Section 3 of Ordinance 2883 as shown on
attached Exhibits 'A' and 'B'.
BACKGROUND:
History: The subject property is located east of the Fulbright Expressway and south of Joyce
Boulevard. In 1982 the Fayetteville Board of Directors approved Ordinance 2883 which
abandoned right-of-way for Sain Street between N. Front Street and Joyce Boulevard. Section 3
of this ordinance required that a cul-de-sac at the end of Sain Street be constructed as a condition
of abandoning the right-of-way. The cul-de-sac was never constructed; therefore, the ordinance
never technically had effect. However, over the last 38 years the affected land owners and the
City understood that the right-of-way was abandoned. Regions Bank on the south side of Joyce
Boulevard was permitted and constructed in the abandoned right-of-way area.
Current Project: 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 abandoned right-of-way corridor. As
part of the design and project planning for the new street extension, the old abandoned right-of-
way area became apparent to city staff. The technical issue of the old right-of-way corridor not
being legally abandoned needs to be corrected to facilitate new right-of-way acquisition and
construction of the new project.
Request: Staff recommends striking Section 3 of Ordinance 2883, removing the requirement to
construct the cul-de-sac at the end of Sain Street as shown on Exhibit A. This will allow the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ordinance to take effect, officially vacating the old Sain Street right-of-way corridor shown on
Exhibit B.
DISCUSSION:
This item has not been discussed at any public meetings. A concurrently -submitted ordinance
includes a recommendation for additional Sain Street right-of-way vacation. This involves
approximately 11,832 square feet of right-of-way associated with the un-built cul-de-sac.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A: Proposed Amendment to Ordinance 2883
• Exhibit B: Map of Abandoned Sain Street Corridor
• Project Maps
EXHIBIT 'A'
ADM 20-6998 (Amendment to Ordinance 2883)
Page 1 of 2
ORDINANCE NO. zzo O 2
All ORDINANCE. VACATI14C AND ABANDONINC A PORTION OF
SAIN STREET.
WHEREAS, the Board of Directors has the authority under
Ark. Stat. Ann. §19-2304 to vacate portions of streets which
are not required for corporate purposes; and
[dHEREAS, the Board of Directors has determined that the
following described portion of Sain Street is not required
for corporate purposes.
NOW, THEREFORE., BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. Thab the City of Fayetteville, Arkansas
hereby releases, vacates, and abandons all of its rights
together with the rights of the public generally in and to
the following described property:
A part of the SEt, NEk, Section 26, T-17-N, R-30-W,
Washington County, Arkansas, being a part of Sain Street
as shown in Plat Book 1, page 555, and more particularly
described as follows:
Beginning at a point 504.90 feet north and 164.48 feet
west of the Southeast Corner of the aforementioned
SE'k, NE'~, Section 26; said point Lying, on the southerly
right-of-way of the Aforementioned platted Sain Street
an the east end thereof; thence N W 43' 00" W 60.00
feet along said right-of-way at the east end of platted
Sain Street to the Northerly right-of-way thereof;
thence S 45' 17' 00" 14 71.13 feet along said northerLy
right-of-way; thence along said northerly right-ef-way
379.54 feet with a curve to the right having a central
angle of 19' 29' 39" and a radius of 1,L15.51 feet;
thence 95.86 feet along a curve to the right having a
central angle of 91' 32' 28", a radius of 60.00 feet,
and a Chord bearing and distance of S 22' 05' 24" W
85.99 feet to a point on the southerly right-of-way of
the aforementioned platted Sain Street; thence along
said southerly rightrof-way 463.19 feet with a curve to
the left having a central angle of 22' 34' 35", a radius
of 1.175.51 feet and a chord bearing, and distance ❑f
N 560 34' 16" E 460.20 feet; thence along said southerly
right-of-way N 45' 17' 00" E 71.13 feet- to the point of
beginning; ALSO
Ew.1071 930
EXHIBIT 'A'
ADM 20-6998 (Amendment to Ordinance 2883)
2 Page 2 of 2
A part OF the SE 1/4 of the NE 1/4 in Section 26 and
a part of the W 1/7 of the NW 1/4 of Section 25, all
in T-17-N of R-30-W. Washington County, Arkansas,
more particularly described as follows: A strip of
land 50 feet wide being 30 feet either side of the
center line herein described: Beginning at a point
that is 526.11 feet North and 185.49 feet West.af
the southeast Corner of the aforementioned SE 114
of the NE 1/4 in Section 26; t:hence North 45017'
E 870.17 feet; thence Northerly along a 15 degree
circular curve 208.56 feet; thence N 14°00' E 49.95
feet to the center line intersection of Sain and
Joyce Streets.
Section 2. A copy of this ordinance duly certified
by the Gx�aer"ha1.1 be filed int he office of the,
Recorder of the County and recorded in the deed records of
the County.��-
- ; S��inon 3. This ordinance shall be of r
and of of ck, `sad a#a11 e totally va' ' cul-de-sac remove section 3
is not constructed in a city specifications from the ordinance
at the dead ne existing pavement u--he
abn�scribed property. , , k k L k a y` J`
this �7k7' day of
198 .
APPROVED:
14A
ATTEST:'
i
CITY CLERK
=1071 931
1WXMRIIQkm 3
ADM 20-6998
Future Land Use
Amendment to Ordinance 2883/
Sain Street ROW Vacation
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Legend
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FUTURE LAND USE 2030
- Natural Area
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Civic and Private Open Space/Parks
ADM 20-6998 Amendment to Ordinance 2883/
One Mile View Sain Street ROW Vacation NORTH
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= Fayetteville City Limits -- , .,, ,p .•�
ADM 20-6998 Amendment to Ordinance 2883/
Close Up View Sain Street ROW Vacation
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L _ _ Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Design Overlay District
Building Footprint
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0 1125 225 450 675 900
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RECEIVED
NORTHWEST AR A%AS
mrpow
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 6296
Was inserted in the Regular Edition on:
April 16, 2020
Publication Charges: $97.50
Debi S/►,„%
Brittany Smith
Subscribed and worn to before me
This `&day of Jr , 2020.
(9 NT��p�
Notary Public
My Commission Expires: �'C
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
APR 21 2020
::IrY CF FAYETTEVILLE
:ITY CLERK'S OFFICE
Ordinance: 62%
File Number: 2020-0061
ADM 20-6998 AMEND ORDINANCE
NO. 2883 SAIN STREET:
AN ORDINANCE TO AMEND
ORDINANCE NO. 2883 BY
REMOVING THE REQUIREMENT
TO CONSTRUCT A CUL-DE-SAC AT
THE END OF SAIN STREET
WHEREAS, on December 21, 1982, the
Fayetteville Board of Directors approved
Ordinance No. 2883 which vacated a
portion of the right-of-way for Sain
Street between North Front Street and
Joyce Boulevard; and
WHEREAS, Section 3 of this ordinance
required the construction of a cul-de-sac
of the end of Sain Street as a condition of
abandoning the right-of-way but the cul-
de-sac was never constructed; and
WHEREAS, as one 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 with a
different alignment so the issue of the
old right-of-way corridor not being
legally abandoned needs to be corrected
to Facilitate new right-of-way acquisition
and construction of the project.
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
Ordinance No. 2883 by removing
Section 3 as shown on Exhibit A
attached hereto.
Section 2: A copy of this Ordinance
duly certified by the City Clerk along
with the map attached as Exhibit B 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
75259477 Apr. 16, 2020