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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: IIIIll111�111111111111111illllll!!If l�ilrffrff f��fllflllllll�lrfff rlfllffffflll 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 r, I MIL4S Legend Planning Area IL L _ _ Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Iii 0 W > AUGUSTINE LN Q J F- m Z L j Subject Property VANTAGE Feet 0 145 290 580 870 1,160 1 inch = 400 feet NORTH - JOYCE BJ-VD 0 F— RAINFOV�r ? ygyf - O J ,.I] J W FUTURE LAND USE 2030 - Natural Area Residential Neighborhood Area - City Neighborhood Area - Urban Center Area Civic and Private Open Space/Parks ADM 20-6998 Amendment to Ordinance 2883/ One Mile View Sain Street ROW Vacation NORTH 0 0.125 025 0 5 Miles PO RNIF-24 RPLD ❑ U a ❑ I ❑ STEARNS ST 0 f•• ❑Q • p 9 O I R-0 w Subject Property _ i t� I � ❑ N LU ( _ Q � N�Q' P I \ OI SAIN S b V P y O O R_ - �mal P RD — RSF-4 WI tea.. LONGVIEW ST-j RI-I2 STUBBLEFIELD RD - RES OENTIAL SINGLE FA- Legend----- • ----IJ �.. AMEAC�AL gym,. Planning Area ro"rn eases msx"Icrs Fayetteville City Limits - — — Shared Use Paved Trail ncs�r�n.LLM�Lfio�wnr ;.�„„e,,.sR,a. Trail (Proposed) ----s Planning Area --' -"'- wSTITUTIGNAL Design Overlay District --- -Tangy = Fayetteville City Limits -- , .,, ,p .•� ADM 20-6998 Amendment to Ordinance 2883/ Close Up View Sain Street ROW Vacation IS) Legend t_ _ Planning Area L _ _ Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint C-z Subject Property VANTAGE 1-I ilp RNIF-24 Feet 0 1125 225 450 675 900 1 inch = 300 feet 0 w R-o v-1 RSF-4 NORTH R S F-4 R M F-24 1-1 Heavy Commercial and Light Industrial Residential -Office C-2 t� C-3 P-1 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