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HomeMy WebLinkAboutOrdinance 6310pF FAYErTf 1 � 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 i 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Up View EXHIBIT 'A' -J Esc i' L 7TH 4 ST — — — -- -- — — Subject Property q I ArDOT -W - ------------- right-of-way a' withdrawn from request O J U N Legend Planning Area 1 r r Fayetteville City Limits t Shared Use Paved Trail Design Overlay District Building Footprint Feet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 •rrrng 2"A1tTO umen: Nt Caner Adjacent Boundary Line I y VAC 20-7042 ,, 521, T16N, R30Vt' 1.5/8"8ebar;n Right-Of--Way Line Hater Valve Bu ri Vacation Road Center Line 715 •so•T NRg'S✓'AAiV l025Af' �- Easement Line 500 Exhibit Poc Not to Scale ' \ \ Calculated Point 1 of 3 �� NE Corner, glorl: 11 FstOW l/2"Rebar r1 w/P5 A7005 rxp \\ OCK �, 8 \ \\ I "C`r \ £x. Easern—r EXHIBIT gook 993, Page 854 _ AREA 1/I"Rebar � \ ..n J:ryp•1/7"Arbar �-, '�•. PSA100.SCap - � 1p \� t^ <Rrv:"' \ Van. fed 8y � - Ordlnanre No. 2182 txrstmg rx. 20' Sr-wer EasementOrdinate �,\ - No. 6198 \ Eosbn 3/8"Rebar per Survey0200300033B.13 ' g ✓ hj'v I/2' Rebar E. isfirrs 1/2' Rebar rvminay.. rrrc se.r.r. 1 \ Ea-. Buiidmg. , ✓ w `P5 P1005 Cap Exlltrrµ 1/2' Rrbar 1913578"V✓ NIJ d',:?:1 ab' w/P5 81443 Cap b nf1V 1/2"Rebar ry /PS p1005 Cap SthStrerr t•b•'���'�rl J I ' ,-, r 502*01'22"W aid ' IN50']278"E, 5:68'1 3-r.r Al "y 2244 ' lSBR aN'S0'E IS4 a6't-� 1 - `. .— 589 4'16r50"f 159 3 = : r g vX Had POB .. RPDY' JL tb • Exrsting 1/7"Behar gla7" Y88-48$]0'tN I Sook f.n129 -..Uqy � 50 7, . PaR, 5,'Oml Bcok f298. Page. \r \ \ /5�2 li 1 'A" Ex]0'£asemenI , Book 899, Page 37, bV I!I Ex. raSCmeM Deed Overlap EXH/B/T 01dritmce No. 2182 Book ge51 DeedGaP AREAS i --} -- 1 t"s AREA T m Tra11 ct 1 subjectPropeny - I EXHIBIT "C" 'b 3 ArDOT W Aggregate Area .( AREA N O t0.94Acres cam, ✓ ry right-of-way ---� --- I withdrawn o, ^ from request I ExSting 3/8'Rebar (From PrS evrcus urvcyJ Multl-flse rest!Per \�r 5urvey2603-W33lI23 I � SurvcY 2073-1XNX12975 �\ � L —_-�- rws7 as l< tv2ss. D4 • 75775• 587108'147 f951' Deed Gap , "$ / �`�—� 35' Tract 2 3 3 i rNss•3sasurn2✓r 1 �� �O; 80 r�rI.RB� Ex. Trail Casement AIS2-0t'J ti •, ^� I v Book 2013, Page 15911 1 c-W.? R, . is^17` 35• Presumed I %COA J514 Wr PDA Tract I �` Descnptron "W 1 u IS87.25-41 71 b I of fill I ```11111111 tt, I '%% O� V y` 104, //S ���������11♦� Ex. £aserrrent ••••M•••••� ` '/// '��� OF •� �I♦, B[rok 993. Paga 87S ��``Q� •'7� STATE OFKANS �� ••• ••. ♦♦ I • 7 I iW- S I G liff T U R C '•�' ` i •: IRJ. 281 %�• %�/ �lyh: ` '`•Sj•r� ••• ••i ,�� ••.•�•••• NOTE: This Boundary Inset was taken from depicted •• Th ` �j ••.�• A ♦ ♦ '♦j �tsa ��� and was on a survey completed by MSE, Project # SRE-11, •.•• I//��� dated October10,2019. `�� kily I1r""* 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 ` Or-W JD5 ar. 01, 23.2020 M1°rP1 Ma• annOWtmml Sion io020 E a m8 -op Page 6 of 11 L o VAC 20-7042 z Vacation Not to Scale Exhibit 2of3 1 { ,-,isrm,r C,�: P!CA Cr 'acared By T \ Ord,nanr_e #619S 2019 1U-5 7 1 � \ � 3Lo�'` s.` 5th Street POB 12'Ailev 12'Aliev Descnrtnan. Blofl( /4/11111////'., GP�� OF• AU T y0�� fr : MORRISON-SHIPIEY : ={ V ENGINEERS, INC. Z No. 281 ��'•.�RKANSp`C2 'lot a Survey I F(-, FNn Boundary Line Road Center Line Easement bn,e 1%1,t 0 0 POB 5t' Strcet DP, +rH.hon 50= :i 1 05 !A' PPS 'POC V.L Corner _ ' , _.'✓ F3C7VV wj-e Bor) • STATE OF ,•, T ARKANS '• O. 0-7 r� SIGN j E • "!' �% FAT �'�L•' -c�� •hA SHEET 3of3 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 - /WerRIS lte 8 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 � �'•I,•....•r•' f���rrrr�� A � G fit j 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 O.I. 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