HomeMy WebLinkAboutOrdinance 6310pF FAYErTf
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9 RkANS PS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6310
File Number: 2020-0349
VAC 20-7042 (815 S. SCHOOL/FARMERS CO-OP):
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 019219180006 Type: REL
Kind: ORDINANCE
Recorded:
Fee Amt: $40.OS/0021/Pa202pe i 0 at 01:39:02 PM
of 6 Washington County, AR
Kyle Sylvester Circuit Clerk
File2020_00016312
AN ORDINANCE TO APPROVE VAC 20-7042 FOR PROPERTY LOCATED AT 815 SOUTH SCHOOL
AVENUE TO VACATE PORTIONS OF RIGHTS OF WAY AND A GENERAL UTILITY EASEMENT
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 an easement and
rights of way are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of
rights of way and the general utility easement 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.
PASSED and APPROVED on 5/5/2020
Page 1 Printed on SWO
Ordinance: 6310
File Number: 2020-0349
Attest: � tR K i t
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RFC i��
�• �J . C,1T Y 0�; . �G
FAYE
TTEVILLE
Kara Paxton, City Clerk TreasuraT
•,�7,, �ON`CC�N�`•
Page 2 Printed on 516120
VAC20-7042 FARMERS CO-OP 20-7042
Close Up View EXHIBIT 'A'
-J
Esc
i' L
7TH
4
ST
— — — -- -- — — Subject Property q I
ArDOT
-W
- ------------- right-of-way a'
withdrawn
from request
O
J
U
N
Legend
Planning Area
1
r r Fayetteville City Limits
t
Shared Use Paved Trail
Design Overlay District
Building Footprint
Feet
0 55 110 220 330 440
1 inch = 150 feet
9TH ST
M 1-1 Heavy Commercial and Light Industrial
C-2
Main Street Center
Downtown General
Community Services
Cj P-1
20-7042
EXHIBIT 'B'
Part of 5th Street — Fergusons Addition:
All of a 40' Wide Street platted as 5th Street lying west of School Street, east of West Street, south of
Block 15, and north of Block 16, all in Fergusons Addition to the City of Fayetteville, according to Plat
Record 4, page 203, said 40' Wide Street being part of the Northwest Quarter Northeast Quarter
(NW1/4 NE1/4) Section 21, Township 16 North, Range 30 West, of the Fifth Principal Meridian,
Washington County Arkansas, and more particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 300 feet, more or less, to the Southeast Corner of said Block 15 and the POINT OF
BEGINNING; thence North 87°04'59" West a distance of 300 feet, more or less, to the Southwest Corner
of Lot 2, Block 15; thence South 02°21'05" West a distance of 40.00 feet to the Northwest Corner of Lot
7, Block 16; thence South 87°04'59" East a distance of 300 feet, more or less, to the northeast corner of
Block 16; thence North 02°21'05" East a distance of 40.00 feet to the Point of Beginning.
12' Alley, Block 15 — Fergusons Addition:
All of a 12' Alley in Block 15, lying south of an 30' wide unnamed street and north of 5th Street,
Fergusons Addition to the City of Fayetteville, according to Plat Record 4, page 203, said 12' Alley being
part of the Northwest Quarter Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North, Range
30 West, of the Fifth Principal Meridian, Washington County Arkansas, and more particularly descripted
as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 300 feet, more or less, to the Southeast Corner of said Block 15; thence North 87°04'59"
West a distance of 144 feet, more or less, to the southeast of said 12' Alley and the POINT OF
BEGINNING; thence North 87°04'59" West a distance of 12 feet to the southwest corner thereof; thence
North 02°14'57" East along the west line thereof a distance of 50.08 feet, more or less, to the south line
of a 30' unnamed street, vacated by Ordinance 6198, File No. 2019-00020511, filed July 12, 2019; thence
South 26°56'06" East along said south line a distance of 24.61 feet to the east line of said 12' Alley;
thence leaving said south line, South 02°14'57" West along the east line thereof a distance of 28.74 feet
to the Point of Beginning.
30' Unnamed Street, Block 16 — Fergusons Addition:
All of the 30' Unnamed Street in Block 16, lying south of 5th Street, west of the west right-of-way line of
the former P. & G.E. Railroad, west of School Street, and east of Lots 1 and 8, Block 16, Fergusons
Addition to the City of Fayetteville, according to Plat Record 4, page 203, said 30' Unnamed Street being
part of the Northwest Quarter Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North, Range
30 West, of the Fifth Principal Meridian, Washington County Arkansas, and more particularly descripted
as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02'21'05" West a
distance of 340 feet, more or less, to the northeast Corner of Block 16; thence North 87°04'59" West a
distance of 65.42 feet, more or less, to the intersection of the south line of 5th Street and the
southwesterly right-of-way line of the former P. & G.E. Railroad and the POINT OF BEGINNING; thence
South 26°43'32" East along said southwesterly right-of-way line of the former P. & G.E. Railroad a
distance of 134.61 feet, more or less, to the west platted right-of-way line of School Street; thence
leaving said southwesterly right-of-way line, South 02°21'05" West along west platted right-of-way line a
distance of 61.73 feet to the intersection of said west right-of-way line with the projection of the
southwesterly line of the 30' Unnamed Street; thence leaving said west right-of-way line, North
26°43'32" West along said projection of the southwesterly line of a 30' Unnamed Street a distance of
205.63 feet, more or less, to the northeast corner of Lot 1, Block 16; thence South 87°04'59" East a
distance of 34.52 feet to the Point of Beginning.
12' Alley, Block 16 — Fergusons Addition:
All of a 12' Alley in Block 16, lying south of 5th Street and north of Lot 8, Block 16, Fergusons Addition to
the City of Fayetteville, according to Plat Record 4, page 203, said 12' Alley being part of the Northwest
Quarter Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North, Range 30 West, of the Fifth
Principal Meridian, Washington County Arkansas, and more particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 340 feet, more or less, to the northeast Corner of Block 16; thence North 87°04'59" West a
distance of 144 feet, more or less, to the northwest corner of Lot 1, Block 16 and the POINT OF
BEGINNING; thence South 02°19'49" West a distance of 80 feet, more or less, to the southwest corner
of said Lot 1, Block 16; thence North 87'04'59" West a distance of 12 feet to the east line of Lot 6, Block
16; thence North 02°19'49" East a distance of 80 feet to the northeast corner of Lot 7, Block 16; thence
South 87°04'59" East a distance of 12 feet to the Point of Beginning.
Right -of -Way Vacation Description:
All of a that area depicted as Right -of -Way Dedication on record Lot Split, Document No. 2003-33826, as
filed June 25, 2003, being located in and across part of Blocks 15 and 16 and the 40' Street platted as 5th
Street, all in Fergusons Addition to the City of Fayetteville, according to Plat Record 4, page 203, said
Right -of -Way Dedication also being part of the Northwest Quarter Northeast Quarter (NW1/4 NE1/4)
Section 21, Township 16 North, Range 30 West, of the Fifth Principal Meridian, Washington County
Arkansas, and more particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 259.82 feet; thence North 87°05'11" West a distance of 5.00 feet to the west right-of-way
line of U. S. Highway 71B (S. School Avenue), as that currently exist, and the POINT OF BEGINNING;
thence leaving said west right-of-way line, North 87°05'11" West a distance of 19.85 feet; thence South
02°15'21" West a distance of 20.46 feet; thence North 89°51'18" East a distance of 6.82 feet; thence
South 00°08'03" East a distance of 26.12 feet; thence South 89°54'50" West a distance of 7.91 feet;
thence South 02°15'21" West a distance of 153.76 feet; thence South 87°08'14" East a distance of 19.51
feet to said west right-of-way line of U. S. Highway 71B (S. School Avenue); thence North 02°21'05" East
along said west right-of-way line a distance of 200.33 feet to the Point of Beginning.
20' UE —Vacation Description:
All of the East twenty -feet (20') of the following described Parent Tract and depicted as a 20' LIE in Lot
Split, Document No. 2003-33826, as filed June 25, 2003, crossing part of Blocks 15 and 16 and the 40'
platted street, Fergusons Addition to the City of Fayetteville, and being part of the Northwest Quarter
Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North, Range 30 West, of the Fifth Principal
Meridian, Washington County Arkansas, said Parent Tract being more particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 259.82 feet; thence North 87°05'11" West a distance of 5.00 feet to the west right-of-way
line of U. S. Highway 71B (S. School Avenue), as established by AHTD Job 4702; thence leaving said west
right-of-way line, North 87'05'11" West a distance of 19.85 feet to the POINT OF BEGINNING; thence
South 02°15'21" West a distance of 20.46 feet; thence North 89°51'18" East a distance of 6.82 feet;
thence South 00°08'03" East a distance of 26.12 feet; thence South 89°54'50" West a distance of 7.91
feet; thence South 02°15'21" West a distance of 153.76 feet; thence North 87°08'14" West a distance of
255.04 feet; thence North 02°32'16" East a distance of 149.90 feet; thence 16.57 feet along the arc of a
non -tangent curve to the left, said curve having a radius of 1,146.28 feet and being subtended by a
chord bearing and distance of North 72`37'59" West 16.57 feet; thence North 02°32'16" East a distance
of 46.54 feet; thence South 87°05'11" East a distance of 270.08 feet to the Point of Beginning.
Washington County, AR
I certify this instrument was filed on
05/21/2020 01:39:02 PM
and recorded in Real Estate
File Number 2020-00016312
Kyle Sylvester - Circuit Clerk
by ,��
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0349
Agenda Date: 5/5/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 7
VAC 20-7042 (815 S. SCHOOL./FARMERS CO-OP):
AN ORDINANCE TO APPROVE VAC 20-7042 FOR PROPERTY LOCATED AT 815 SOUTH
SCHOOL AVENUE TO VACATE PORTIONS OF RIGHTS OF WAY AND A GENERAL UTILITY
EASEMENT
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 an easement and rights
of way are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF
FAVETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of rights of
way and the general utility easement 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 Page 1 Printed on 51612020
City of Fayetteville Staff Review Form
2020-0349
Legistar File ID
5/5/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 4/17/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 20-7042: Vacation (815 S. SCHOOL AVE./FARMERS CO-OP, 562): Submitted by SPECIALIZED REAL ESTATE, INC. for
properties located at 815 S. SCHOOL AVE. The properties are zoned DG, DOWNTOWN GENERAL and contain
approximately 0.45 acres. The request is to vacate portions of general utility easements and rights -of -way.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
$ I
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 5, 2020
TO: Mayor: Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: April 17, 2020
CITY COUNCIL MEMO
SUBJECT: VAC 20-7042: Vacation (815 S. SCHOOL AVE./FARMERS CO-OP, 562):
Submitted by SPECIALIZED REAL ESTATE, INC. for properties located at 815 S.
SCHOOL AVE. The properties are zoned DG, DOWNTOWN GENERAL and
contain approximately 0.45 acres. The request is to vacate portions of general
utility easements and rights -of -way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 20-7042 as shown in the attached
Exhibits 'A' and 'B' and with the following conditions of approval:
Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
BACKGROUND:
The subject property includes approximately 0.45 acres of existing utility easement and right-of-
way west of South School Avenue and between Martin Luther King Boulevard to the north and
the Frisco Trail to the south. Although the history of the easement dedication is unclear, right-of-
way dedication occurred as a part of the Ferguson's Addition plat in the 1930s. Staff research
indicates that the right-of-way was never developed and buildings were subsequently built over it
in places. The property is currently undeveloped, with the structures having been recently
demolished. A large scale development (LSD 19-6681) was approved on property to the north in
2019 which was recently amended (ADM 20-7009) to expand the project's scope and include the
subject property.
DISCUSSION:
At the April 13, 2020 Planning Commission meeting, this item was forwarded as part of the
consent agenda to City Council with a recommendation for approval, with the condition as
recommended by staff.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC20-7042 FARMERS CO-OP 20-7042
Close Up view EXHIBIT 'A'
NISC
------------ -- _ Subject Property
Legend
Planning Area
Fayetteville City Limits
l
Shared Use Paved Trail
�— Design Overlay District
Building Footprint
7TH
ST
— - - r1g t-of-way
withdrawn
from request
w
>
Q
.I
O
O
2
U
Feet
0 55 110 220 330
1 inch = 150 feet
9TH ST
NORTH
I-1 Heavy Commercial and Light Industrial
C-2
Main Street Center
Downtown General
. NO Community Services
440 P-1
20-7042
EXHIBIT 'B'
Part of 51th Street — Fergusons Addition:
All of a 40' Wide Street platted as 5th Street lying west of School Street, east of West Street, south of
Block 15, and north of Block 16, all in Fergusons Addition to the City of Fayetteville, according to Plat
Record 4, page 203, said 40' Wide Street being part of the Northwest Quarter Northeast Quarter
(NW1/4 NE1/4) Section 21, Township 16 North, Range 30 West, of the Fifth Principal Meridian,
Washington County Arkansas, and more particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 300 feet, more or less, to the Southeast Corner of said Block 15 and the POINT OF
BEGINNING; thence North 87°04'59" West a distance of 300 feet, more or less, to the Southwest Corner
of Lot 2, Block 15; thence South 02°21'05" West a distance of 40.00 feet to the Northwest Corner of Lot
7, Block 16; thence South 87°04'59" East a distance of 300 feet, more or less, to the northeast corner of
Block 16; thence North 02°21'05" East a distance of 40.00 feet to the Point of Beginning.
12' Alley, Block 15 — Fergusons Addition:
All of a 12' Alley in Block 15, lying south of an 30' wide unnamed street and north of 5th Street,
Fergusons Addition to the City of Fayetteville, according to Plat Record 4, page 203, said 12' Alley being
part of the Northwest Quarter Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North, Range
30 West, of the Fifth Principal Meridian, Washington County Arkansas, and more particularly descripted
as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 300 feet, more or less, to the Southeast Corner of said Block 15; thence North 87'04'59"
West a distance of 144 feet, more or less, to the southeast of said 12' Alley and the POINT OF
BEGINNING; thence North 87°04'59" West a distance of 12 feet to the southwest corner thereof; thence
North 02°14'57" East along the west line thereof a distance of 50.08 feet, more or less, to the south line
of a 30' unnamed street, vacated by Ordinance 6198, File No. 2019-00020511, filed July 12, 2019; thence
South 26*56'06" East along said south line a distance of 24.61 feet to the east line of said 12' Alley;
thence leaving said south line, South 02°14'57" West along the east line thereof a distance of 28.74 feet
to the Point of Beginning.
30' Unnamed Street, Block 16 — Fergusons Addition:
All of the 30' Unnamed Street in Block 16, lying south of 5th Street, west of the west right-of-way line of
the former P. & G.E. Railroad, west of School Street, and east of Lots 1 and 8, Block 16, Fergusons
Addition to the City of Fayetteville, according to Plat Record 4, page 203, said 30' Unnamed Street being
part of the Northwest Quarter Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North, Range
30 West, of the Fifth Principal Meridian, Washington County Arkansas, and more particularly descripted
as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87*13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 340 feet, more or less, to the northeast Corner of Block 16; thence North 87°04'59" West a
distance of 65.42 feet, more or less, to the intersection of the south line of 5th Street and the
southwesterly right-of-way line of the former P. & G.E. Railroad and the POINT OF BEGINNING; thence
South 26°43'32" East along said southwesterly right-of-way line of the former P. & G.E. Railroad a
distance of 134.61 feet, more or less, to the west platted right-of-way line of School Street; thence
leaving said southwesterly right-of-way line, South 02°21'05" West along west platted right-of-way line a
distance of 61.73 feet to the intersection of said west right-of-way line with the projection of the
southwesterly line of the 30' Unnamed Street; thence leaving said west right-of-way line, North
26°43'32" West along said projection of the southwesterly line of a 30' Unnamed Street a distance of
205.63 feet, more or less, to the northeast corner of Lot 1, Block 16; thence South 87°04'59" East a
distance of 34.52 feet to the Point of Beginning.
12' Alley, Block 16 — Fergusons Addition:
All of a 12' Alley in Block 16, lying south of 5th Street and north of Lot 8, Block 16, Fergusons Addition to
the City of Fayetteville, according to Plat Record 4, page 203, said 12' Alley being part of the Northwest
Quarter Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North, Range 30 West, of the Fifth
Principal Meridian, Washington County Arkansas, and more particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 340 feet, more or less, to the northeast Corner of Block 16; thence North 87°04'59" West a
distance of 144 feet, more or less, to the northwest corner of Lot 1, Block 16 and the POINT OF
BEGINNING; thence South 02°19'49" West a distance of 80 feet, more or less, to the southwest corner
of said Lot 1, Block 16; thence North 87°04'59" West a distance of 12 feet to the east line of Lot 6, Block
16; thence North 02°19'49" East a distance of 80 feet to the northeast corner of Lot 7, Block 16; thence
South 87°04'59" East a distance of 12 feet to the Point of Beginning.
Right -of -Way Vacation Description:
All of a that area depicted as Right -of -Way Dedication on record Lot Split, Document No. 2003-33826, as
filed June 25, 2003, being located in and across part of Blocks 15 and 16 and the 40' Street platted as 5th
Street, all in Fergusons Addition to the City of Fayetteville, according to Plat Record 4, page 203, said
Right -of -Way Dedication also being part of the Northwest Quarter Northeast Quarter (NW1/4 NE1/4)
Section 21, Township 16 North, Range 30 West, of the Fifth Principal Meridian, Washington County
Arkansas, and more particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 259.82 feet; thence North 87°05'11" West a distance of 5.00 feet to the west right-of-way
line of U. S. Highway 71B (S. School Avenue), as that currently exist, and the POINT OF BEGINNING;
thence leaving said west right-of-way line, North 87°05'11" West a distance of 19.85 feet; thence South
02°15'21" West a distance of 20.46 feet; thence North 89'51'18" East a distance of 6.82 feet; thence
South 00°08'03" East a distance of 26.12 feet; thence South 89°54'50" West a distance of 7.91 feet;
thence South 02°15'21" West a distance of 153.76 feet; thence South 87°08'14" East a distance of 19.51
feet to said west right-of-way line of U. S. Highway 71B (S. School Avenue); thence North 02°21'05" East
along said west right-of-way line a distance of 200.33 feet to the Point of Beginning.
20' UE —Vacation Description:
All of the East twenty -feet (20') of the following described Parent Tract and depicted as a 20' LIE in Lot
Split, Document No. 2003-33826, as filed June 25, 2003, crossing part of Blocks 15 and 16 and the 40'
platted street, Fergusons Addition to the City of Fayetteville, and being part of the Northwest Quarter
Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North, Range 30 West, of the Fifth Principal
Meridian, Washington County Arkansas, said Parent Tract being more particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence North 86°57'48" West a distance of
1,926.41 feet, more or less, to the Northeast Corner of Block 15, Fergusons Addition, from which an
existing Cotton Picker Spindle bears North 87°13'50" West 5.00 feet; thence South 02°21'05" West a
distance of 259.82 feet; thence North 87°05'11" West a distance of 5.00 feet to the west right-of-way
line of U. S. Highway 71B (S. School Avenue), as established by AHTD Job 4702; thence leaving said west
right-of-way line, North 87°05'11" West a distance of 19.85 feet to the POINT OF BEGINNING; thence
South 02°15'21" West a distance of 20.46 feet; thence North 89°51'18" East a distance of 6.82 feet;
thence South 00°08'03" East a distance of 26.12 feet; thence South 89°54'50" West a distance of 7.91
feet; thence South 02°15'21" West a distance of 153.76 feet; thence North 87°08'14" West a distance of
255.04 feet; thence North 02°32'16" East a distance of 149.90 feet; thence 16.57 feet along the arc of a
non -tangent curve to the left, said curve having a radius of 1,146.28 feet and being subtended by a
chord bearing and distance of North 72°37'59" West 16.57 feet; thence North 02°32'16" East a distance
of 46.54 feet; thence South 87°05'11" East a distance of 270.08 feet to the Point of Beginning.
CITY OF
FAYETTEVILLE
W4V ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jonathan Curth, Development Review Manager
MEETING DATE: April 13, 2020 (Updated with Planning Commission Results)
SUBJECT: VAC 20-7042: Vacation (815 S. SCHOOL AVE./FARMERS CO-OP, 562):
Submitted by SPECIALIZED REAL ESTATE, INC. for properties located at
815 S. SCHOOL AVE. The properties are zoned DG, DOWNTOWN
GENERAL and contain approximately 0.45 acres. The request is to vacate
portions of general utility easements and rights -of -way.
RECOMMENDATION:
Staff recommends forwarding VAC 20-7042 to the City Council with a recommendation of
approval and a condition based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward VAC 20-7042 to the City Council with a recommendation for approval with the
condition recommended by staff."
BACKGROUND:
The subject property includes approximately 0.45 acres of existing utility easement and right-of-
way west of South School Avenue and between Martin Luther King Boulevard to the north and
the Frisco Trail to the south. Although the history of the easement dedication is unclear, right-of-
way dedication occurred as a part of the Ferguson's Addition plat in the 1930s. Staff research
indicates that the right-of-way was never developed, but buildings were subsequently built over it
in places. The property is currently undeveloped, with the any structures having been recently
demolished. The large scale development approved on property to the north (LSD 19-6681) was
recently amended to expand the project's scope and include the subject property (ADM 20-7009).
Surrounding land use and zoning is depicted in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped(Recently demolished
MSC, Main Street/Center
South
Commercial
DG, Downtown General
West
Undeveloped:
Multi -family Residential
1-1, Heavy Commercial and Light Industrial;
CS, Community Services
East
Commercial
DG, Downtown General
Proposal: The applicant proposes to vacate unbuilt City of Fayetteville rights -of -way and a portion
of an existing utility easement on the subject property. The area to be vacated totals approximately
0.45 acres, with abandonment necessary to facilitate development of the property. Additional
right-of-way was included in the initial proposal but was subsequently withdrawn after determining
it remains within the jurisdiction of the Arkansas Department of Transportation.
Planning Commission
April 13, 2020
Agenda Item 8
20-7042 Farmers Co-op
Page 1 of 11
DISCUSSION:
Staff is generally reluctant to support the vacation of existing, public rights -of -way, improved or
not. However, in this instance it is justified by the extent of these areas and the impediment they
represent to development. Additionally, with the proximity of the Tanglewood Branch, staff does
not consider improvement of the existing 'paper' right-of-way to be feasible or beneficial to the
public good.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses:
Utility
Cox Communications
AEP/SWEPCO
BlackHills Energy AR
AT&T
Ozarks Electric
City of Fayetteville
Water/Sewer
Solid Waste & Recycling
Transportation
Public Comment:
No public comment has been received.
Response
No objections and no comment.
No objections and no comment.
No objections and no comment.
No objections and no comment.
No objections and no comment.
Response
No objections and no comment.
No objections and no comment.
No objections and no comment.
RECOMMENDATION: Staff recommends forwarding VAC 20-7042 to the City Council with a
recommendation for approval subject to the following condition:
Conditions of Approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
Planning Commission
G:\ETC\Development Services Review\2020\Development Services\20-7042 VAC April 13, 2020
815 S. School Ave. (Farmers Co-op Dev.) 562\03 PC\04-13-2020 Agenda Item 8
20-7042 Farmers Co-op
Page 2 of 11
PLANNING COMMISSION ACTION: Required YES
Date: April 13, 2020 O Tabled ® Forwarded O Denied
Motion: Hoffman, on the consent agenda
Second: Belden
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Request Letter
• Petition to Vacate
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
G \ETC\Development Services Review\2020\Development Services\20-7042 VAC April 13. 2020
815 S. School Ave. (Farmers Co-op Dev.) 562\03 PC\04-13-2020 Agenda Item S
20-7042 Farmers Co-op
Page 3 of 11
VAC 20-7042 R E A L
ESTATE
Request SPECIALIZEDGROUP
Letter
March 3, 2020
Planning Commission and City Council
113 W Mountain
Fayetteville, AR 72701
To the Fayetteville Planning Commission and City Council,
Specialized Real Estate Group ("SREG"), as the authorized agent of the relevant parcels,
hereby submits an application that includes a request to vacate abandoned right of way
("ROW"), an alley, and an undeveloped portion of ROW that runs along the Farmer's Coop
and Tres Hermanos properties described in the plat documents included with the
application (the "Property").
In the past, alleys and roads crisscross the Property, but were abandoned. This has left
portions of abandoned ROW and alley that now are unnecessarily encumbering the
property and in some cases under -lie existing structures. In its application, SREG is
requesting that these abandoned portions of alley and ROW be vacated. They do not serve
any public purpose and create a hardship. (Ref Exhibit A)
In addition, there is an unused and undeveloped area of ROW that runs parallel to South
School. It was dedicated when the lots were split in 2003 and runs across the frontage of the
Tres Hermanos tract and southernmost portion of the Coop tract. As part of a proposed
large scale development application (LSD), SREG proposes to align residential buildings to
front South School Ave with a continuous set back that will activate the streetscape. -The
provide a Fnere Homogeneous uniform streetscape. (Ref Exhibit Bj
Please feel free to contact me with any questions
Best Regards,
C7_-1,
Lawrence Finn,
(404) 931-8426
Lawrence@specializedreg.com
STAFF NOTE: Per the applicant's April 8, 2020 request,
the portion of right-of-way described in Exhibit'B' has
been withdrawn pending transference of South School
Avenue from the Arkansas Department of Transportation
to the City of Fayetteville.
13 N. Church Avenue, SuEte 103, Fayettev0le, AR 72701
W W W.SPECIALI ZEDREG.COM
Planning Commission
April 13, 2020
Agenda Item 8
20-7042 Farmers Co-op
Page 4 of 11
VAC20-7042 SPECIALIZED
Petition 15 N Church Ave, Ste 103
Fayetteville, AR 72701
to Vacate
March 3, 2020
Planning Commission and City Council
113 W Mountain
Fayetteville. AR 72701
To the Favetteville Planning Commission and Citv Council.
We, the undersigned, being the authorized agents of the owners of the real estate abutting the easements.
alleys, and right-of-way hereinafter sought to be abandoned and vacated. lying in parcels 765-055 11-000.
765-05007-000. 765-055 12-00 1, and 765-05512-002 of the City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an alley and rights of way described in the attached legal descriptions
exhibit:
That the abutting real estate affected by said abandonment of the alley are parcels 765-14937-000,
765-14900-000, 765-05517-000, 765-05513-000, 765-05542-000, 765-05543-000, 765-05544-000,
765-05502-000, 765-05501-000, and 765-05504-000, City of Fayetteville 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 alley and easements.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described
real estate, subject, however, to the existing utility easements and sewer easements as required, 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 alley.
Dated this day of March 3, 2020.
Lawrence Finn
Printed Name
Signature
Planning Commission
April 13, 2020
Agenda Item 8
20-7042 Farmers Co-op
Page 5 of 11
LEGEND
Boundary Line
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umen: Nt Caner
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VAC 20-7042 ,, 521, T16N, R30Vt'
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Hater Valve Bu ri
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Road Center Line
715
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Easement Line
500
Exhibit Poc
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MORRISON lei SHIPLEY
1407 SE C017CMWO0p STREET • lEMONVILLE, AR 72712 • 479 273.2209 • MO.RISONSHWuv. COM
815 S. School Avenue
Part of the NW114 NE1/4
Section 21, T16N, R30W
Fayetteville, Washington County, Arkansas `
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01, 23.2020
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Page 6 of 11
L
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VAC 20-7042
z
Vacation
Not to Scale
Exhibit
2of3
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V ENGINEERS, INC. Z
No. 281
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'lot a Survey
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EXHIBIT A 0- o
STREET & ALLEY VACATION EXHIBIT
MORRISON SHIPLEY BLOCK'S 15 & 16. FERGUSONS ADDITION i06i9
a n, Miss n
Fayetteville, Washington County, Arkansas aav�;l.z o
2107 se corer+w000 sneer eenror+.sue au zz? az� n1 zzcv mozeisc+snir(z -
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Page 7 of 11
-- VAC 20-7042 Not a Survey
*-tCalculatedPoint POC,NECorner Vacation LEGEND
NE Corner Block 15 S11, T16N, R30W Exhibit Boundary Line
Z - (518" Rebar In Y
N 58� 1350E Water Valve Box) 3 of 3
c�
5.00 Road Center Line
Not to Scale Existing Cotton N8657"sg"W1926.41 Easement Line
Picker Spindle
20'LIE - VACATION DESCRIPTION:
All of the East twenty -feet (20') of the following described
f Parent Tract and depicted as a 20' LIE in Lot Split, Document No.
2003-33826, as filed June 25, 2003, crossing part of Blocks 15
and 16 and the 40' platted street, Fergusons Addition to the City
01
r of Fayetteville, and being part of the Northwest Quarter
i Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16
o North, Range 30 West, of the Fifth Principal Meridian,
•^r Washington County Arkansas, said Parent Tract being more
particularly descripted as follows:
COMMENCING at the northeast corner of Section 21; thence
North 86°57'48" West a distance of 1,926.41 feet, more or less,
N87°05'11 "W to the Northeast Corner of Block 15, Fergusons Addition, from
19.8' N87005'11"W which an existing Cotton Picker Spindle bears North 87'13'50"
POB 5.00 West 5.00 feet; thence South 02'21'05" West a distance of
502'15'21 "W 259.82 feet; thence North 87°05'11" West a distance of 5.00
NO2 "15'217 20.46
21.51 � v I feet to the west right-of-way line of U. S. Highway 71B (S. School
'18"c 6.82 I Avenue), as established by AHTD Job 4702; thence leaving said
6.d2 �
west right-of-way line, North 87'05'11" West a distance of 19.85
r Ex. Building soc0803"E , feet to the POINT OF BEGINNING; thence South 02.15'21" West
II26 1,' Q a distance of 20.46 feet; thence North 89'51'18" East a distance
NO2°15'21"E I Q) of 6.82 feet; thence South 00.08'03" East a distance of 26.12
22 14 S89°54'50°W t feet; thence South 89'54'50" West a distance of 7.91 feet;
7.91 t; thence South 02°15'21" West a distance of 153.76 feet; thence
North 87*08'14" West a distance of 255.04 feet; thence North
02°32'16" East a distance of 149.90 feet; thence 16.57 feet
along the arc of a non -tangent curve to the left, said curve
having a radius of 1,146.28 feet and being subtended by a chord
4 ? bearing and distance of North 72.37'59" West 16.57 feet;
h
oxK i� thence North 02.32'16" East a distance of 46.54 feet; thence
South 87'05'11" East a distance of 270.08 feet to the Point of
Beginning.
OF Aj/p
Vacated 10' : �VQ'.•' Q O• STATE OF •:
Utility Easem4 ent • ARKANSAS G
. MORRISON-SHIPIEY ; Z t/? ; '� •'
/ = v � ENGINEERS, INC. I C) = = Z, ; • C =
No. 281 v : A � s ~C
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MORRISON SHIPLEY
2A07 5E COTTONWOOO STREET • SENIONVRIE, AR 72712 • 479273.2209 • MORRISONSNIPIEY. COM
SHEET 1 of 1
EXHIBIT C
20' UTILITY EASEMENT VACATION EXHIBIT
PART of the NW114 NE114
SECT70N 21, T16N, R30W
Fayetteville, Washington County, Arkansas
0-- W
Jos
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01 23.2020
sion
020
� m8
="o-op
Page 8 of 11
Agenda Item 8
20-7042 Farmers Co-op
Page 9 of 11
Agenda Item 8
20-7042 Farmers Co-op
Page 10 of 11
fission
2020
Agenda Item 8
20-7042 Farmers Co-op
Page 11 of 11
Os swtt7�f
I II 11, 1 �,F THE
1 7 Y All-ORNEY
Facebook I Twitter I Instagram I YouTube
ORDINANCE NO.
AN ORDINANCE TO APPROVE VAC 20-7042 FOR PROPERTY LOCATED AT 815 SOUTH
SCHOOL AVENUE TO VACATE PORTIONS OF RIGHTS OF WAY AND A GENERAL
UTILITY EASEMENT
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 rights of
way and easement are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I : That the City Council of the City of Fayettevi I le, Arkansas hereby vacates the portions
of rights of way and the general utility easement 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.
PASSED and APPROVED this 5TH day of May, 2020.
ATTEST: ``�����rt►rrrrr���
'ol Y pF
.�`By: 5A_ FAYETTEVILLE
`
KARA PAXTON, City Clerk/TreasureZ� ;
%�z'•�4RkAN�P�' •���.
To N
CityClerk
From:
Sent:
To:
Subject:
Attachments:
Blal.e E. Pennington
Assistant City Attorney
Tele: (479) 575-8313
hpennint ton((—i)fayettevi I le-ar..Pov
Pennington, Blake
Wednesday, April 29, 2020 4:14 PM
CityClerk
FW: VAC 20-7042 - Farmers Coop Vacation
ORD VAC - 20-7042 815 S SCHOOL UTILITY EASEMENT.docx
From: Pennington, Blake
Sent: Wednesday, April 29, 2020 9:16 AM
To: Mayor <Mayor@fayetteville-ar.gov>
Cc: Norton, Susan <snorton@fayetteville-ar.gov>; Stoll, Garner <gstoll@fayetteville-ar.gov>; Williams, Kit
<kwiIlia ms@fayetteville-ar.gov>; Bunch, Sarah <ward3_pos2@fayetteville-ar.gov>; Gutierrez, Sonia
<wardl_posl@fayetteville-ar.gov>; Kinion, Mark <ward2_posl@fayetteville-ar.gov>; Marsh, Sarah
<wardl_pos2@fayetteville-ar.gov>; Petty, Matthew <ward2_pos2@fayetteville-ar.gov>; Scroggin, Sloan
<ward3_posl@fayetteville-ar.gov>; Smith, Kyle <ward4_pos2@fayetteville-ar.gov>; Turk, Teresa
<ward4_posl@fayetteville-ar.gov>; Becker, Paul <pbecker@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-
ar.gov>; Mulford, Patti <pmu[ford @fayetteville-ar.gov>
Subject: VAC 20-7042 - Farmers Coop Vacation
Mayor,
Please see the attached revised vacation ordinance for the Farmers Coop item. I have added a reference to the rights of
way to be vacated in the second whereas clause. I would ask the City Council to please amend the text of the ordinance
to this version at next week's meeting.
Thank you,
Blake
Blake E. Pennington
Assistant City Attorney
113 W. Mountain St., Suite 302
Fayetteville, Arkansas 72701
Telephone: (479) 575-8313
bpenningtonca fayetteville-ar.gov
RECEIVED
NORTHWEST ARKANW
Demomf -'e i9kn&
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 6310
Was inserted in the Regular Edition on:
May 17, 2020
Publication Charges: $100.32
Brittany Smith
Subscribed and sworn to before me
This OD day of, 2020.
GQ�,iFt1 1 oe
Notary Public
My Commission Expires: N6
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
JUN D 12020
LLE
CITYCLERC
R S 0E
Ordinance:6310
File Number: 2020-0349
VAC 20-7042 (815 S.
SCHOOL/FARMERS CO-OP):
AN ORDINANCE TO APPROVE
VAC 20-7042 FOR PROPERTY
LOCATED AT 815 SOUTH SCHOOL
AVENUE TO VACATE PORTIONS
OF RIGHTS OF WAY AND A
GENERAL UTILITY EASEMENT
WHEREAS, the City Council has the
authority under A.C.A. § 14-54-104 to
vacate public grounds or portions iherec
which are not required for corporate
purposes; and
WHEREAS, the City Council has
determined that the following described
portions of an easement and rights of
way are not required for corporate
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 rights of way and
the general utility easement 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/developers expense.
PASSED and APPROVED on 5/5/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxion, City Clerk Treasurer
75269961 May 17, 2020
