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HomeMy WebLinkAboutOrdinance 3680 FILED FOR RECORD X93 na 8 Rn 8 6 ORDINANCE NO. 3680 WASHINGTON CO AR AN ORDINANCE VACATING AND ABANPfO1VM(>f &t(ER PORTION OF A NORTH/SOUTH ALLEY LOCATED IN THE 700 BLOCK OF WEST CLEVELAND STREET AS REQUESTED BY COLLIER PIERCE. WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54- 104 to vacate portions of alleys and other public grounds which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the north/south alley located in the 700 block of W . Cleveland Street is 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 of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described alley located in Washington County, Arkansas as described in Exhibit "A" attached hereto and made a part hereof. Section 2 . That the City of Fayetteville hereby reserves a 20 foot utility easement on, over, across and under the above described alley to construct, lay, remove, relay, enlarge, and maintain public utility lines. The same shall be for the benefit of the electric power companies, telephone companies, gas companies cable companies and the City of Fayetteville, Arkansas. Section 3 . A copy of this ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED AND APPROVED this 2nd day of March 1993 . APPROVED: By: Fre6 Hanna, Mayor r Stigrry it`Thomas, City Clerk 93 11594 � pF Rsco" CFgi� CA ( SS Sts to fatevitle City C(jerk Ci y Fef Citys, for the at I, r terry tot eerilfy ttt `n it V4(i _ ears Fs5'So' for for �otn Ding ei aP rd e�yexs .. & R�otutipII b-�� - - Q and. ar;., c� ,Le ypitne TRY t k1 aa] 15 2 'L iFcio M 3 6;.6i Ctty Cox r EXHIBIT "A " Legal Description Alley Vacation V93 - 2 Part of a 20 foot alley in the Archias and Bushnell 's Addition being described as follows: Beginning at the NE corner of Lot 5 in the subdivision of part of Lots 22 and 23 of Archias and Bushnell's Addition to the City of Fayetteville, Arkansas as per plat on file in the office of the recorder thence South 160 feet along the east side of Lots 5 & 6 thence East 20 feet, thence North 160 feet along the West side of Lot 21 , thence West to the P. O .B . 93 11595 1, Alma Kollmeyer, Circuli Clerk and &officio Rmc.dar for -•on Coomy Arkansn, do her„Sy , P.'s in. strument vies i tr; r - o Indlmted harron duly mcordrl • '� and ccrfi!:co- Pcgo cr 1r . . .. � rel my hada if sn.o Court on t: ,. , . . __ .6,00n. Almo Kcll::.Lyrr Circuit Clerk and 6!-officio ecord:•r by J © 2 � 36 �U CERTIFICATE OF OWNERSHIP STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) We , the undersigned , duly and lawfully bonded and licensed abstracters within and for the above mentioned County and State , do hereby certify that we have made a careful search of the records insofar as they pertain to the lands hereinafter described , and find the title to : Parcel #02351 , 02349 & 02363 Lot 5 ; N35 ' Lot 6 and a part of Lots 21 & 24 of Archias and Busnell Addition to the City of Fayetteville , Arkansas . is vested in : The Pierce Family Revocable Trust Issued at Fayetteville , Arkansas , for the use and benefit of Collier Pierce this 18th day of January , 1993 . NORTHWEST TITLE SERVICES BY LLAtKu�u!/ t4 y 601 January , 15 , 1993 I have been notified of the petition to close the following alley : Part of a 20 foot alley in the Archias and Bushnell ' s Addition being described as follows : Beginning at the NE corner of Lot 5 in the subdivision of part of lots 22 and 23 of Archias and Bushnell ' s Addition to the City of Fayetteville , Arkansas as per plat on file in the office of the recorder thence South 160 feet along the East side of lots 5 & 6 thence East 20 feet , thence North 160 feet along the West side of lot 21 , thence West to the P . O . B . and make the following comments . 7//� / rCc ( 7�F5 ' tom ..✓ /< r" r' / - -t- i Representative for City of Fayetteville Utilities Superintendent 4t( 44 601 January , 15 , 1993 I have been notified of the petition to close the following alley : Part of a 20 foot alley in the Archias and Bushnell ' s Addition being described as follows : Beginning at the NE corner of Lot 5 in the subdivision of part of lots 22 and 23 of Archias and Bushnell ' s Addition to the City of Fayetteville , Arkansas as per plat on file in the office of the recorder thence South 160 feet along the East side of lots 5 & 6 thence East 20 feet , thence North 160 feet along the West side of lot 21 , thence West to the P . O . B . and make the .fpllowing comments . ZI/ Cnv ��?k U cr+nsP''� Com- BCccvc., ti,-r o�coc. . Representative for City of Fayetteville Utilities Superintendent January , 15 , 1993 I have been notified of the petition to close the following alley : Part of a 20 foot alley in the Archias and Bushnell ' s Addition being described as follows : Beginning at the NE corner of Lot 5 in the subdivision of part of lots 22 and 23 of Archias and Bushnell ' s Addition to the City of Fayetteville , Arkansas as per plat on file in the office of the recorder thence South 160 feet along the East side of lots 5 & 6 thence East 20 feet , thence North 160 feet along the West side of lot 21 , thence West to the P . O . B . and make the, �f;ol.lowing comments . R esentat ' a for ty of Fay tteville anitation Superintendent To, Lu P -r January , 15 , 1993 I have been notified of the petition to close the following alley : Part of a 20 foot alley in the Archias and Bushnell ' s Addition being described as follows : Beginning at the NE corner of Lot 5 in the subdivision of part of lots 22 and 23 of Archias and Bushnell ' s Addition to the City of Fayetteville , Arkansas as per plat on file in the office of the recorder thence South 160 feet along the East side of lots 5 & 6 thence East 20 feet , thence North 160 feet along the West side of lot 21 , thence West to the P . O . B . and make the .following comments . Representative for - Swepco CC) 7i4er L4Ut3 � L Wil January , 15 , 1993 I have been notified of the petition to close the following alley : Part of a 20 foot alley in the Archias and Bushnell ' s Addition being described as follows : Beginning at the NE corner of Lot 5 in the subdivision of part of lots 22 and 23 of Archias and Bushnell ' s Addition to the City of Fayetteville , Arkansas as per plat on file in the office of the recorder thence South 160 feet along the East side of lots 5 & 6 thence East 20 feet , thence North 160 feet along the West side of lot 21 , thence West to the P . O . B . and make the fpllowing comments . Rep tiv for Southwestern Bell Telephone Ga . 7 hPr ' Li nGJ January , 15 , 1993 I have been notified of the petition to close the following alley : Part of a 20 foot alley in the Archias and Bushnell ' s Addition being described as follows : Beginning at the NE corner of Lot 5 in the subdivision of part of lots 22 and 23 of Archias and Bushnell ' s Addition to the City of Fayetteville , Arkansas as per plat on file in the office of the recorder thence South 160 feet along the East side of lots 5 & 6 thence East 20 feet , thence North 160 feet along the West side of lot 21 , thence West to the P . O . B . and make the .following comments . Representatr ve for City of Fa • etteville Street Superintendent � • J January , 15 , 1993 I have been notified of the petition to close the following alley : Part of a 20 foot alley in the Archias and Bushnell ' s Addition being described as follows : Beginning at the NE corner of Lot 5 in the subdivision of part of lots 22 and 23 of Archias and Bushnell ' s Addition to the City of Fayetteville , Arkansas as per plat on file in the office of the recorder thence South 160 feet along the East side of lots 5 & 6 thence East 20 feet , thence North 160 feet along the West side of lot 21 , thence West to the P . O . B . and make the ,.£ollowing comments . Representati-die for Warner Amex Cable Company January, 15, 1993 I have been notified of the petition to close the following alley: Part of a 20 foot alley in the Archias and Bushnell's Addition being described as follows: Beginning at the NE corner of Lot 5 in the subdivision of part of lots 22 and 23 of Archias and Bushnell's Addition to the City of Fayetteville, Arkansas as per plat on file in the office of the recorder thence South 160 feet along the East side of lots 5 & 6 thence East 20 feet, thence North 160 feet along the West side of lot 21, thence West to the P.O.B. and make the .following comments. Ct4'.� C. ._ Zv r 4L Y :T • :. ol• - • • •• rU4• (A) No person shall permit any tree, shrub, hedge, flower or other form of vegetation to grow within 25 feet of the intersection of the curb lines of two intersecting streets to a height in excess of three feet above the lowest grade of two intersecting streets; provided, however, that trees now growing in such places may grow above said height if the limbs are trimmed to the minimum height of eight feet. ('65 Code, § 19-22) (Ord. 1447, passed 6-7-85) (B) The owner (or in the case of leased property, the lessee) of private property abutting a public street or alley right-of-way shall keep that portion of said rightof-way from the center line thereof to the private property line free from grass, weeds, debris and other growths, articles, and things. ('65 Code, § 18-16) (Ord. 2076, passed 1-7-75) Penalty, see § 98.99 •• �: •:a •- -, I I • YI• •• :w It shall be unlawful for any person to mark, paint or paste any advertising matter or handbill on any city sidewalk in the city. ('65 Code, § 18-10) (Ord. 146, passed - -) Penalty, see § 98.99 It is hereby declared to be the duty of all 37 It shall be unlawful for any person to cast, throw, drop, place, or otherwise cause or permit to be located upon, in, or about any public street, sidewalk, alley or public thoroughfare, or any private or public property adjacent thereto, any litter, refuse, or debris. ('65 Code, § 18-17) (Ord. 2076, passed 1-17.75) Penalty, see § 98.99 At all pedestrian crosswalks on collector and arterial streets, in commercial zones, and on those streets financed by federal funds throughout the city, adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after the effective date of this section shall be provided in accordance with the design standards specified in the city's zoning code (Chapter 180). ('65 Code, § 18-14) (Ord. 2267, passed 8-17-76) The procedure for closing of streets and alleys shall hereafter be as follows: (A) Petitioners shall present to the City Clerk in duplicate the following information before processing shall begin: occupants of business houses and residences, all (1) Petition to close and vacate street or owners of vacant property and all persons charged alley, including a certified or photostated copy of the with the management of public buildings of any kind plat on record In the Circuit Clerk's office. whatsoever to keep the sidewalk abutting such premises free from snow. All sidewalks within the city J,)(' CP->..-(2) Abstracter's certificate of ownership. shall be cleared of snow within the first 12 daylight c `v 1 h 4 `,L i n -V 1 u,/ hours immediately following the snow fall (3) Comments from owners or a nts of all ('65 Code, § 18-11) (Ord. 380, passed 1-18-18) utility companies concerning streets or alleys to be Penalty, see § 98.99 closed and its relationship to existing or planned utilities with recommendations as to what action It shall be unlawful for any person to expectorate upon any sidewalk within the city. ('65 Code,§ 18-12) (Ord. 284, passed 8-25-10) Penalty, see § 98.99 should be taken. (4) A $40 filing fee. (B) One copy of the above shall be presented by the City Clerk to the Planning Administrator who shall submit same for review and recommendation to the Planning Commission. 38 Fayetteville - General Regulations (C) The recommendation of the Planning (a) General criteria: Commission shall be forwarded to the City Board of Directors. (I) Underground utility (D) The City Clerk is hereby directed to publish a notice of public hearing on said petition; said public hearing shall be held at the next regular or special meeting of the Board of Directors following the filing of said petition when recommendations from the Planning Commission will be available. (E) If an ordinance is adopted closing or vacating the street or alley, It shall be published and reported in the Circuit Clerk's office. ('6S Code, § 18-1S) (Ord. 1685, passed 7-7-69; Am. Ord. 1898, passed 1-16-73) § 98.14 OCCUPATION OF STREETS AND HIGHWAYS BY PUBLIC UTILITIES. (A) Any public utility, as defined by state law, which occupies the streets, highways or other public places of the city under a franchise granted by the city or the state shall occupy said streets, highways or other public places subject to the following terms and conditions: (1) A public utility shall not erect or place any facility more than seven feet inside the right-of- way line for any street without the prior written approval of the City Manager who shall grant such approval only if he determines that the facility will not impair or obstruct present or future vehicular and pedestrian traffic. (2) Whenever public utility facilities which are located within a public right-of-way must be relocated in order not to impair or obstruct vehicular or pedestrian traffic on any new or existing street, highway, road or sidewalk, the public utility shall be required to relocate its facilities within a reasonable time from receipt of written notice from the City Manager, and shall bear its own relocation costs; provided, where any project is funded with federal or state funds and said funds are received by the city for the purpose of reimbursing utility relocation expenses, the utility shall receive such reimbursement. This division shall not be construed as requiring a utility to relocate its facilities within or from a private easement without payment of just compensation. (3) The following policies approved by Arkansas State Highway Commission Minute Order 70- 300 shall apply to the accommodation and adjustment of utilities on street and alley rights -of -way within the city: construction shall conform to all applicable codes, standards, and specifications. (it) the depth of bury for new or replacement utility installations shall be established by the utility on the basis of engineering and safety factors for the area, and in keeping with the degree of hazard or protection required for the line involved; provided, however, that the normal minimum depth of bury on all cross lines shall be two and one-half feet below the low points of roadway cross section, or three and one-half feet below the bottom of surfacing (top of subgrade), whichever gives the greater depth; and the normal minimum depth of bury on all parallel (longitudinal) lines shall be two feet. (III) Pedestals or other aboveground utility appurtenances shall be located at or near the right-of-way line, well outside of the street maintenance operation area. (Iv) All proposed locations and utility designs shall be reviewed and subject to approval by the City Engineer to ensure that the proposed construction will not cause avoidable interference with existing or planned street facilities, or with street operation or maintenance. The procedure for submitting plans and information to the City Engineer for approval shall be developed and agreed upon by. each utility and the City Engineer. (v) On both cased and uncased installations, particularly on crossings installed in advance of new street construction, consideration should be given by the utility for placing a spare conduit or duct to accommodate known or planned expansion of underground lines. (vi) The controls for pipelines as apply to encasements, conduits, appurtenances, Installations, trenched and untrenched construction, and adjustments shall be followed, as applicable, on underground Installations of electric power and communication lines. (b) Location and alignment: (f) Crossings should be located as near normal to the street alignment as practical. (if) Conditions which are generally unsuitable or undesirable for underground crossings should be avoided. These Include locations such as in deep cuts; near footings of bridges and retaining 38 Fayetteville - General Regulation (C) The recommendation of the Planning (a) General criteria: Commission shall be forwarded to the City Board of Directors. (D) The City Clerk to hereby directed to publish a notice of public hearing on said petition; said public hearing shall be held at the next regular or special meeting of the Board of Directors following the filing of said petition when recommendations from the Planning Commission will be available. (E) If an ordinance is adopted closing or vacating the street or alley, it shall be published and reported In the Circuit Clerk's office. ('65 Code, § 18-15) (Ord. 1685, passed 7.7-69; Am. Ord. 1898, passed 1-16-73) § 98.14 OCCUPATION OF STREETS AND HIGHWAYS BY PUBLIC UTILfTtES. (A) Any public utility, as defined by state law, which occupies the streets, highways or other public places of the city under a franchise granted by the city or the state shall occupy said streets, highways or other public places subject to the following terms and conditions: (1) A public utility shall not erect or place any facility more than seven feet inside the right-of- way line for any street without the prior written approval of the City Manager who shall grant such approval only if he determines that the facility will not impair or obstruct present or future vehicular and pedestrian traffic. (2) Whenever public utility facilities which are located within a public right-of-way must be relocated in order not to impair or obstruct vehicular or pedestrian traffic on any new or existing street, highway, road or sidewalk, the public utility shall be required to relocate its facilities within a reasonable time from receipt of written notice from the City Manager, and shall bear its own relocation costs; provided, where any project is funded with federal or state funds and said funds are received by the city for the purpose of reimbursing utility relocation expenses, the utility shall receive such reimbursement. This division shall not be construed as requiring a utility to relocate its facilities within or from a private easement without payment of just compensation. (3) The following policies approved by Arkansas State Highway Commission Minute Order 70- 300 shall apply to the accommodation and adjustment of utilities on street and alley rights -of -way within the city. (t) Underground utility construction shall conform to all applicable codes, standards, and specifications. (ii) The depth of bury for new or replacement utility installations shall be established by the utility on the basin of engineering and safety factors for the area, and in keeping with the degree of hazard or protection required for the line involved; provided, however, that the normal minimum depth of bury on all cross lines shall be two and one-half feet below the low points of roadway cross section, or three and one-half feet below the bottom of surfacing (top of subgrade), whichever gives the greater depth; and the normal minimum depth of bury on all parallel (longitudinal) lines shall be two feet. (11!) Pedestals or other aboveground utility appurtenances shall be located at or near the right-of-way line, well outside of the street maintenance operation area. (lv) All proposed locations and utility designs shall be reviewed and subject to approval by the City Engineer to ensure that the proposed construction will not cause avoidable interference with existing or planned street facilities, or with street operation or maintenance. The procedure for submitting plans and information to the City Engineer for approval shall be developed and agreed upon by each utility and the City Engineer. (v) On both cased and uncased installations, particularly on crossings installed in advance of new street construction, consideration should be given by the utility for placing a spare conduit or duct to accommodate known or planned expansion of underground lines. (vi) The controls for pipelines as apply to encasements, conduits, appurtenances, installations, trenched and untrenched construction, and adjustments shall be followed, as applicable, on underground installations of electric power and communication lines. (b) Location and alignment: (I) Crossings should be located as near normal to the street alignment as practical. (if) Conditions which are generally unsuitable or undesirable for underground crossings should be avoided. These include locations such as in deep cuts; near footings of bridges and retaining STATE of ARKANSAS 1 J} ss. County of Washington I panics, gas companies _ cable companies and the ORDINANCE NO. 3680 City of Fayetteville. AN ORDINANCE VACATING Arkansas. AND ABANDONING -A Section 3. A copy of this PORTION OF A NORTH/ Ordinance duly certified by SOUTH ALLEY LOCATED the City Clerk shall be filed IN THE 700 BLOCK OF in the office of the Recor= WEST CLEVELAND STREET der of the County and re - AS REQUESTED BY COL- corded in the Deed Records LIER PIERCE. Of the County. WHEREAS, the City Council PASSED AND APPROVED'• has the authority under Ark. this 2nd. day of March,, Code Ann. 414-54-104 to 1993. vacate portions of alleys APPROVED: and other public grounds By: Fred Hanna, Mayor .which are not roe.,red for ATTEST: corporate purposes: and By: Sherry L. Thomas WHEREAS, the City Coun. City Clerk all has determined that the following described Exhibit A' portion of the North/ Legal Description South alley located In the Alley Vacation 700 block of W. Cleveland Part of a 20 foot alley in Street Is not required for the Archias and Bushnell's •corporate purposes. Addition being described as NOW, THEREFORE, BE IT follows: Beginning at the' ORDAINED BY THE an' NE corner of Lot 5 in the. COUNCIL OF THE CITY OF subdivision of part of Lots F: A Y E T T E V I L L E, 22 and 23 -of Archies and ARKANSAS: Bushnelrs Addition to the Section 1. That the City of City of Fayetteville. Arkan- Fayetteville, Arkansas sas as per plat on file in hereby vacates end aban- the Office of the Recorder dons all of its rights thence South 160 feet together with the rights of along the East side of Lots the public generally, in and 5 & 6 thence East 20 feet. to the following described thence North 160 feet alley located in Washington along the West side of Lot County. Arkansas as de- 21. thence West to the scribed in Exhibit "A" at- P.O.B. tached hereto and made a part hereof. 1 `p V Section 2. That the City of /� E V L. Fayetteville hereby reserves V a 20 foot utility easement r1 on, over, across and under 1:1(12 the above described alley to (gypp JJJJ construct, lay, remove. re- Q'l.3 lay, enlarge. and maintain public utility be lines. The I,1�Ai\C[ I1 same shall for es bane- L !J fit of the electric power conpar ice, telephone corn - I. \S,flhl±)1 hereby certify that I am the publisher of THE RTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville. County of Washington. Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and ser- vice value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of a least six months; and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for consecutive insertions as follows: first insertion on the The q j ppp�((��� �'��� ��� day of I �- !93 the second insertion on the day of 19 the third insertion on the day of 19 and the fourth insertion on the day of___________________ 19 Publisher I General Manager Sworn to and subscribed before me on this I i day of 1913 blic My Commission Expires: R -o I -t) I Fees for Printing Cost of Proof Total $7LIB