CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Adopt an Ordinance to abandon two dedicated undeveloped streets located in HAROLD’S ADDITION, to allow development of an auto parts retail business with sales of other recycled material and wood products to operate in conjunction with Tri-State recycling.   

 

AGENDA DATE:  January 3, 2017

ITEM#:13

DEPARTMENT:  Planning Division – Public Works Department

 

DATE SUBMITTED: 11/29/2016

 

PREPARED BY:  Mary Beck, Assistant Planner

 

SUBJECT:  Abandonment of 2 dedicated undeveloped streets located in HAROLD’S ADDITION, Texarkana, Miller Co., Arkansas to allow development of an auto parts retail business with sales of other recycled material and wood products to operate in conjunction with Tri-State recycling.   

 

EXHIBITS: Ordinance, Petition to abandon ROW, Assistant Planner’s memo, utility responses and AEP Swepco easement information, signed petition for abandonment and location map.

 

APPROVAL:

 

 

EXPENSE REQUIRED $0.00

 

AMOUNT BUDGETED: $0.00

 

APPROPRIATION REQUIRED:  $0.00

 

SUMMARY: A petition by TSIMCO RP, LLC, Agent Kirk Patton, Attorney made on August 18, 2016 to abandon undeveloped Right of Way in HAROLD’S ADDITION, Texarkana, Miller County, Arkansas, recorded in Miller County Plat Book FH, Page 278.  The streets are: 1) a dedicated, undeveloped ROW running from north to south approximately 325’ in length and located adjacent to Lots No. 1, and 10-14; and, 2) a dedicated, undeveloped ROW running east to west being adjacent to Lots No. 1-7 and Lot No. 10.  These ROW are entirely on the property of the applicants.  After review all objections by utility companies (AEP Swepco) were withdrawn but request retaining an easement to allow existing equipment repair or removal of existing equipment.  At this time there are no objections.  The Planning Commission certifies recommendation to approve by Commissioner Boots Thomas and seconded by Commissioner Jason Dupree, and a vote of 4-0 with 2 absent and one vacancy.  No other property owners are impacted by this request.    

 

 

BOARD ACTION:  Consider adopting an ordinance abandoning two (2) platted undeveloped Right of Way streets.    

 

EMERGENCY CLAUSE:  Not applicable

 

 

 

                                    ORDINANCE NO. ______

 

AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF TWO (2) PLATTED UNDEVELOPED RIGHTS-OF-WAY LOCATED IN HAROLD’S ADDITION, TO THE CITY OF TEXARKANA, ARKANSAS; AND FOR OTHER PURPOSES.

 

WHEREAS, a petition was duly filed with the Board of Directors of the City of Texarkana, Arkansas on the 18th day of August, 2016, asking that the Board of Directors vacate and abandon all that portion of following described rights-of-way designated on the plat of the HAROLD’S ADDITION to the City of Texarkana, Arkansas now appearing of record in plat Book HH, Page 278, in the office of the recorder of Miller County, to wit:

An undeveloped 25’ right-of-way running from north to south approximately 325’ in length and located generally east of and adjacent to Lots 1 and 10-14;

 

And

 

An undeveloped right-of-way running east to west located generally to the north of lots 1-7 and to the south of Lot 10; 

 

SAVE AND EXCEPT, HOWEVER, the retention of easements in favor of Southwestern Electric Power Company (“SWEPCO”) for its existing electrical transmission and distribution facilities extending North from Highway 82 East (9th Street) to the South boundary line of Harold’s Addition and across Lot 14.  SWEPCO shall have the right to maintain and remove said electrical transmission and distribution facilities.

 

WHEREAS, after due notice as required by law, the Board of Directors has, at the time and place mentioned in said notice, heard all persons desiring to be heard on the question and has ascertained that said portions of street herein above and herein after described, have heretofore been dedicated to the public use as a street herein described; have not been actually used by the public for a period of at least five (5) years subsequent to the filing of the plats; that all owners of the property abutting upon the portions of said street, respectively, to be vacated have been filed with the Board of Directors their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of said portion of street.

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas:

SECTION 1.  The City of Texarkana, Arkansas, releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the following described rights-of-way designated on the plat of the HAROLD’S ADDITION to the City of Texarkana, Arkansas now appearing of record in plat Book HH, Page 278, in the office of the recorder of Miller County, to wit:

An undeveloped 25’ right-of-way running from north to south approximately 325’ in length and located generally east of and adjacent to Lots 1 and 10-14;

 

And

 

An undeveloped right-of-way running east to west located generally to the north of lots 1-7 and to the south of Lot 10; 

 

SAVE AND EXCEPT, HOWEVER, the retention of easements in favor of Southwestern Electric Power Company (“SWEPCO”) for its existing electrical transmission and distribution facilities extending North from Highway 82 East (9th Street) to the South boundary line of Harold’s Addition and across Lot 14.  SWEPCO shall have the right to maintain and remove said electrical transmission and distribution facilities.

 

SECTION 2.  A copy of this ordinance duly certified by the City Clerk, shall be filed in the office of the recorder of Miller County, Arkansas and recorded in the deed records of the county. 

SECTION 3.  This ordinance shall take effect and be in force from and after its passage.

PASSED AND APPROVED this 3rd day of January, 2017.

 

 

_____________________________

Ruth Penney Bell, Mayor

ATTEST:

 

 

________________________________

Heather Soyars, City Clerk

 

APPROVED:

 

 

________________________________

George M. Matteson, City Attorney

 

 

 

 

 

 

CITY OF TEXARKANA, ARKANSAS

DEPARTMENT OF PUBLIC WORKS

216 WALNUT STREET 71854-6024

P.O. BOX 2711 – TEXARKANA, ARKANSAS 75504-2711

PHONE (870) 779-4971 – FAX (870) 773-2395

MEMORANDUM

TO:                  Dr. Kenny Haskin, City Manager

FROM:                Mary L. Beck, Assistant Planner

DATE:             November 29, 2016

SUBJECT:             Board of Directors Agenda Item for 12-05-2016 meeting – Request by TSIMCO RP, LLC, agent Kirk Patton, 1725 E. 9th Street, Texarkana, Arkansas 71854-5582 to abandon right of way (ROW) that consists of two (2) streets in HAROLD’S ADDITION.

LEGAL DESCRIPTION:

 

Two (2) undeveloped platted streets of HAROLD’S ADDITION, Texarkana, Miller County, Arkansas as recorded in Book HH, Page 278 of Deed Records of Miller County, Arkansas

 

REASON FOR REQUEST:

 

 

The property owner intends to operate a pick-a-part used auto parts sales business on E. 9th Street and part of the land is comprised of land located entirely within their property that has never had streets developed on it but is platted right of way.         

 

EXISTING LAND USES:

 

 

Site:    

Mixed use property - dedicated, unimproved ROW

 

North:

Recycling operations and warehousing

 

South: 

Commercial businesses

 

East:

Commercial businesses

 

West:

Railroad and utility transmissions

 

EXISTING ZONING:

 

Site:    

W-1 Wholesale and warehousing & C-3 Open-display Commercial

 

North:

Planned Unit Development and W-1 Wholesale and warehousing

 

South: 

C-3 Open-display Commercial

 

East:

Planned Unit Development

 

West:

Railroad and utility transmissions

 

AVAILABLE UTILITIES:

 

Municipal Water:

 

8” in E. 9th Street

 

 

Municipal Sanitary Sewer:

6: in E. 9th Street

 

TRANSPORTATION NETWORK:

 

 

Local Street(s):

None

 

 

 

 

Collector Street(s)

None

 

 

 

 

Major Arterial Street(s)

E. 9th Street

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

If the Street ROW is abandoned, the Arkansas Code of 1987 Annotated mandates ownership revert to the adjacent property owners. The Rights-of-Way are undeveloped and un-named local streets and do not play a role in the MPO long-range transportation carried out by the City.  With the type of business by the petitioner, this expanded operation should be compatible with its current PUD.

 

 CONFORMANCE WITH APPLICABLE ORDINANCES AND/OR STATE STATUTES:

 

 

The Arkansas Code of 1987 Annotated 14-301-301 to 14-301-306 grants property owners owning property containing a utility easement the right to petition the City Board of Directors to abandon all or part of the street ROW provided it does not contain any existing services or is not needed for future expansion.  The five utility companies have been contacted and their comments are listed below.

 

The applicant is the sole petitioner and property owner regarding this request; his signed petition is attached. 

 

TWU: from Gary Smith, P.E., “The Utility staff has reviewed the above  referenced request for a Right-of-Way abandonment and has the following comments: 1. The Utility does not have any water or sanitary sewer mains in the right-of-way and does not foresee the need to install any in the future. 2. The Utility does not oppose the abandonment of the rights-of-way as on shown on the attached drawing.”

 

            Cableone, Inc.: from Rick Syphers, Construction Coordinator, “CableOne, Inc., has no problem with this abandonment.”

 

            AEP/SWEPCO: from Steve Satterfield, Engineering, “AEP/SWEPCO has existing facilities already in the purposed abandonment. A Transmission Line and Distribution Line are currently within the ROW and needs to be maintained.”

 

PUBLIC NOTICE:  Published in Texarkana Gazette, Sunday, September 25, 2016:    

 

OPPOSITION:

AEP/SWEPCO filed an objection to abandonment but removed the objection retaining easements to work on and/or remove already installed equipment.  (see attachment)

                                    

PLANNING COMMISSION RECOMMENDATION:

 

 

The Planning Commission met on November 9, 2016, to consider the request and make a recommendation.  On a motion by Mr. Boots Thomas, seconded by Mr. Jason Dupree the Planning Commission certifies a recommendation for approval by a roll call vote of 4-0 with two absent, and one vacancy in order to abandon two (2) platted undeveloped streets in HAROLD’S ADDITION. 

 

 

 

 

Randall Hickerson, Chairperson

George Coker, Vice-Chairperson

Absent

Yes

 

 

Bertha Dunn

Yes

 

 

Boots Thomas

Jason Dupree

Thomas Scott

Vacancy

Yes
Yes

Absent

 

 

BOARD ACTION REQUESTED:

 

 

The Board action requested is as follows:

 

  1. On December 5, 2016, Consider a resolution to set the date for a required public hearing;

 

  1. On January 3, 2016, consider adopting an ordinance abandoning two undeveloped streets.

 

  1. No emergency clause is applicable.

Enclosure:     Location Map (PC2016012.DOC)

 

 

 



 

 

 

RIGHT OF WAY ABANDONMENT

PC-2016-012

 

Prepared by:

Planning Division - Public Works Department

City of Texarkana, Arkansas

 

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