HomeMy WebLinkAboutOrdinance 3681 J
FI ED FOr RECORD
FILED FSR RE OR ® *93
� Hf7 8 c16
V RPR 30 AM 9 29)RDINANCE NO_ 3681 WASHiNC
A . KOLL CO AR
WAy4-NO&ORDMA�WE VACATING AND ABANDONING A E ER
PORTION nF THE STREET RIGHT-OF-WAY LOCATED ON
ANDREW AVE. , SOUTH OF ASSEMBLY ROAD; AND A
PORTION OF LAFAYETTE, EAST OF TANGLEWOOD, AS
REQUESTED BY MIKE SWEETSER.
WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54- 104 to
vacate portions of streets which are not required for corporate purposes; and
WHEREAS, the City Council has determine that the following described portion of the
following described portion of the street right-of-way located on Andrew Ave. , South of
Assembly Road; and a portion of Lafayette, east of Tanglewood, is not required for corporate
purposes.
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, subject to the reservation of a utility
easement in and to the following described property located in Washington County, Arkansas :
See Exhibit "A " , attached hereto and made a part hereof as if set out word for
word.
Section 2. The City of Fayetteville hereby reserves an utility easement on, over,
across and under the above described street right-of-way to construct, lay, remove, relay,
enlarge, and maintain public utility lines.
Section 3 . Said utility easement shall be for the benefit of the electric power
companies, telephone companies, gas companies, cable companies and the City of Fayetteville,
Arkansas.
Section 4. 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 .
APPROVE
sy :
Fred Hanna, Mayor
'ACESF
" ';Sherry,• . Thomas, City Clerk 970273
ti
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R,�ICAT
E OF RECORD
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State � FLr City they, city
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Cit herry T;�V for certify that the
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wed cr to;he same ppears
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ann and 'Witness my l l s+ud
oftice &. ILesoll,
Ordivance
Pare-- day of
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Iy iic ierder
City
1
LEGAL DESCRIPTION FOR V93-3
Part of a 50 foot right of way called Andrew Avenue described as follows :
Beginning at the southwest corner of Lot 41 of the East Mountain Addition in the
City of Fayetteville , Arkansas as per plat, thence west 50 feet, thence north 192 feet, thence
east 50 feet, thence south 192 feet to the P. O . B .
Also a 50 feet right of way being an extension of LaFayette described as follows:
Beginning at the northwest corner of Lot 33 of the East Mountain Addition in the City
of Fayetteville , Arkansas as per plat, thence north 50 feet, thence east 150 feet, thence south
50 feet, thence west 150 feet to the P . O . B.
COlMF. GTEb LEGAL
AphIL 28 , 1997
FAYEfTEVILLE CITY CLERK
97027391
I, Itathlaan Harness, Circuit Clark and
Ex-officio Fecorder for Washington
County, A?•arsaa, do haraby card"a"
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tleraotl.
IN WrTNE3s WHEREOF, I have herr
unto set my trsnd End affixed the seat of
said Coll
ert on the date Indicated hereon.
Kathleen Harness
Circuit Clerk and
Ex-officio Recorder
by
4407
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LEGAL DESCRIPTION FOR V93-3
Part of a 50 foot right of way called Andrew Avenue described as follows:
Beginning at the Southwest Comer of Lot 41 of the East Mountain
Addition in the City of Fayetteville, Arkansaasmlas per plat, thence West 50 feet,
thence North 192 feet, thence South 192 feetthence East 50 feet to the P. O.B.
Also a 50 feet right of way being an extension of LaFayette described as
follows:
Beginning at the Northwest corner of Lot 33 of the East Mountain
Addition in the City of Fayetteville, Arkansas as per plat thence North 50 feet,
thence East 150 feet, thence South 50 feet, thence West 150 feet to the P. O.B .
93 11597
Ir �aq Ko1lmoYZTr CI'c'At Clerk uw
�.afficio 'o '. ;hat this trr
grkon5-;
o5 ; 4 c r ; to MY oHka
13mmo. r :_:i . ,, . ..
nl cf5 . ,y now
Indic=led
duly rnor k o'?
m
and
w„ g.�cn:d Soo
i'cr9 C'• '" ' - : hr. •e kern Unto
� ! Y ' •' IIf said
Caurl cn
ghno Y.oil;neyor
Clrcult Clerk and
Fjr-officio ^ cardar
STATE of ARKANSAS
ss.
ORDINANCE V ATI LEGAL DESCRIPTION FOR I County of Washington
AN ORDINANCE VACATING V93.3
AND ABANDONING A Part of a 50 foot right of
PORTION OF THE STREET. way wiled Andrew Avenue ' C
RIGHT-OF-WAY LOCATED . described as follows: I, J , �rnl-rh hereby certify that
ON ANDREW AVE.. SOUTH Beginning at The Southwest
OF ASSEMBLY ROAD: Corner of Lot at of the am the publisher of THEN RTHWEST ARKANSAS TIMES, a daily newspaper
AND A PORTION OF LA- East Mountain Addition in
FAYETTE. EAST OF TAN- the City of Fayetteville. Ark-
having a second class mailing privilege, and being not less than four pages of five
G L E W OO D . AS RE - enses as per plat, thence columns each, published at a fixed place of business and at a fixed (daily) intervals
QUESTED . BY MIKE West 50 feet. thence North continuously in the City of Fayetteville, Comfy of Washington, Arkansas for more
WHEREAS,
192 feet, thence South0fe 192
to than a period of twelve months, circulated and distributed from an established lace
has tREAS, the City Council feet, thence East 50 feet to p� p
has the authority under Ark. the P 50 of business to subscribers and readers generally of all classes m the City and Comfy
Code, Ann sta-of toe to Also a 5o feel right of way for a definite m for each co price per prim vacate portions 0} streets being an extension of La- r prim copy, Oi fl fixed Ce r 81BIBtf1, which Ce W8s fixed
which are not required for Fayette described as at what is considered the value of the publication, based upon the news value and ser-
corporate purposes: and follows: vice value it contains, that at least fiftycent of the subscribers thereto have aid
WHEREAS, the City Council Beginning at the Northwest percent
has determined that the foF corner of Lot 33 of the cash for their subscriptions to the newspaper or its agents Or through recognized news
lowing described portion of East Mountain Addition in ; dealers over a period of a least six months; and that the said newspaper publishes an
the following described ppr- the City of Fayetteville, Ark- , average of more than
tion of the street right-of- ansas as per plat thence forty peiCefll news mattes.
way located on Andrew North 50 feet, thence East
, Ave., South of Assembly 150 feet, thence South 50 I further certify that the legal notice hereto attached in the matter of
Road; and a portion of La- feet, thence Wast 150 feet �1
cod, is East of d for cw- to the P.O.B. � ^ _ ^ � A � 1 g I
Dori, is not required for Cor- � l(.,e,( l,( 1 (0
porate purposes.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE was published in the regular daily issue of said newspaper for
CITY OF FAYETTEVILLE, consecutive insertions as follows:
ARKANSAS:
Section 1. That the City of
Fayetteville , Arkansas The first insertion on the _ day of 19
hereby vacates and aban- R E C ,IE f 1 / L� U
dons all of its rights V G. V
together with me rights of the second insertion on the day of 19
the public generally, su0jett
to the reservation of a 'yeF
m' easement in and to the p-�� � 1 5 1993 the third insertion on the day of 19
following descrEgif Property
located in Washington �I�ANCE DEPT
andthefounhinscrtiononthe dayof 19
County. Arkansas: tC /
See Exhibitpan h C\
hereto and made de pan a he-- i
roof as if set out ward for
word.
Section z. The City of Fay- Publisher / General Manager
eneville hereby reserves an .
utility 'easement on. over,
across and under the above ' '
described street right-of- Swoon to and subscribed before me on this day of
way to construct, lay.
re-
move. relay, enlarge, and e / 19n �
maintain public utility lines.
/w�` rot�'•-��/�lf
SectionSaid utility ase-
ment shallll b
be for the bene- '
fit of the electric power ;
companies. telephone com-
pan;es, gas companies.
cable companies and the Otary Public
City of Fayetteville ,
Arkansas.
Section 4. A copy of this
Ordinance duly certified by My Commissim Expires:
the City Clerk shall be filed
in the office of the Recor-
der of the County and re- til
corded in the Deed Records
of the County.
PASSED AND APPROVED ' o
this 2nd day of March. VU,
APPROVED: Fees for Printing $ �
By: Fred Hanna, Mayor _
ATTEST: COSI Of Proof $
By: Sherry L. Thomas
City Clerk
Total $ OX 1.
CERTIFICATE OF OWNERSHIP
STATE OF ARKANSAS )
) ss :
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 #04851 , 04852
Lots 30 , 31 and 32 of East Mountain Addition to the City
of Fayetteville , Arkansas
is vested in : M . E . and Nellie Chamberlain
and the title to :
Parcel #04853 - 04859 incl .
Lots 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 & 41 of East Mountain
Addition to the City of Fayetteville , Arkansas
is vested in : Jerry D . Sweetser and Sharon J . Sweetser , Co-
Trustees of the Jerry Sweetser Trust
and the title to :
Parcel #05726
Lot 8 Block 1 , Goff Addition , to the City of
Fayetteville , Arkansas
is vested in : Jeff and India Dangeau
( NOTE : Carl said there should be a deed recorded into
Tom Wilkerson , as of the date of this report the deed
has NOT been recorded )
and the title to :
Parcel # 14385
Pt NW NW NE 15 - 16 - 30 2 . 82 acres
is vested in : James A . and Pamela T . Gilbreath ( ref : 1151 - 105 ,
attached )
Issued at Fayetteville , Arkansas , for the use and benefit of
Jerry Sweetser this 18th day of January , 1993 .
Northw t Title Services , Inc .
by .
� 1
January , 15 , 1993
I have been notified of the petition to close the
following street :
Part of a 50 foot right of way called Andrew Avenue
described as follows :
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville , Arkansas as
per plat , thence West 50 feet , thence North 192 feet , thence
South 192 feet , thence East 50 feet to the P . O . B .
Also a 50 feet right of way being an extension of
Lafayette described as follows :
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville , Arkansas as
per plat thence North 50 feet , thence East 150 feet , thence
South 50 feet , thence West 150 feet to the P . O . B .
and make the following comments .
�;-
l�9
C7Zo ��utia /Gens -�o-n G.r�.� o�cu�t� . =•-, �.c2,zo�J
Representative or
City of Fayetteville
Utilities Superintendent
January , 15 , 1993
I have been notified of the petition to close the
following street :
Part of a 50 foot right of way called Andrew Avenue
described as follows :
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville , Arkansas as
per plat , thence West 50 feet , thence North 192 feet , thence
South 192 feet , thence East 50 feet to the P . O . B .
Also a 50 feet right of way being an extension of
Lafayette described as follows :
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville , Arkansas as
per plat thence North 50 feet , thence East 150 feet , thence
South 50 feet , thence West 150 feet to the P . O . B .
and mak�e the following comments .
\ /]
Representative for
City of Fayetteville
Street Superintendent
January, 15, 1993
I have been notified of the petition to close the
following street:
Part
of
a 50 foot
right of way called Andrew Avenue
described
as
follows:
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat, thence West 50 feet, thence North 192 feet, thence
South 192 feet, thence East 50 feet to the P.O.B.
Also a 50 feet right of way being an extension of
Lafayette described as follows:
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat thence North 50 feet, thence East 150 feet, thence
South 50 feet, thence West 150 feet to the P.O.B.
and make the following comments.
- Y�2
Aepresen-a ive for
Southwes rn Bell Telephone
January, 15, 1993
I have been notified of the petition to close the
following street:
Part of a 50 foot right of way called Andrew Avenue
described as follows:
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat, thence West 50 feet, thence North 192 feet, thence
South 192 feet, thence East 50 feet to the P.O.B.
Also a 50 feet right of way .being an extension of
Lafayette described as follows:
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat thence North 50 feet, thence East 150 feet, thence
South 50 feet, thence West 150 feet to the P.O.B.
and make the following comments.
Representative for
City of Fayetteville
Utilities Superintendent
Ll.,L±
January, 15, 1993
I have been notified of the petition to close the
following street:
Part
of
a 50 foot
right of way called Andrew Avenue
described
as
follows:
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat, thence West 50 feet, thence North 192 feet, thence
South 192 feet, thence East 50 feet to the P.O.B.
Also a 50 feet right of way being an extension of
Lafayette described as follows:
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat thence North 50 feet, thence East 150 feet, thence
South 50 feet, thence West 150 feet to the P.O.B.
and make the following comments.
,
•
Gji%
4/`
+ V
January, 15, 1993
I have been notified of the petition to close the
following street:
Part of a 50 foot right of way called Andrew Avenue
described as follows:
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat, thence West 50 feet, thence North 192 feet, thence
South 192 feet, thence East 50 feet to the P.O.B.
Also a 50 feet right of way being an extension of
Lafayette described as follows:
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat thence North 50 feet, thence East 150 feet, thence
South 50 feet, thence West 150 feet to the P.O.B.
and make the following comments.
R'p'nsOfltatift,� for
pity of Fay teville
Sanitation uperintendent
January, 15, 1993
I have been notified of the petition to close the
following street:
Part of a 50 foot right of way called Andrew Avenue
described as follows:
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat, thence West 50 feet, thence North 192 feet, thence
South 192 feet, thence East 50 feet to the P.O.B.
Also a 50 feet right of way being an extension of
Lafayette described as follows:
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat thence North 50 feet, thence East 150 feet, thence
South 50 feet, thence West 150 feet to the P.O.B.
and make the following comments.
� ♦ • I I I • I� /. 4
C4K3-4 Vol
January, 15, 1993
I have been notified of the petition to close the
following street:
Part of a 50 foot right of way called Andrew Avenue
described as follows:
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat, thence West 50 feet, thence North 192 feet, thence
South 192 feet, thence East 50 feet to the P.O.B.
Also a 50 feet right of way being an extension of
Lafayette described as follows:
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville, Arkansas as
per plat thence North 50 feet, thence East 150 feet, thence
South 50 feet, thence West 150 feet to the P.O.B.
and make the following comments.
r
cY
Representat±v. for
Warner Amex Cable Company
(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 6-7-65)
(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 right-of-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
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
occupants of business houses and residences, all
owners of vacant property and all persons charged
with the management of public buildings of any kind
whatsoever to keep the sidewalk abutting such
premises tree from snow. All sidewalks within the city
shall be cleared of snow within the first 12 daylight
hours immediately following the snow fall.
('65 Code, § 18-11) (Ord. 380, passed 1-18-18)
Penalty, see § 98.99
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
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
Al 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 160).
('65 Code, § 18-14) (Ord. 2267, passed 8-17.76)
§ 98.13 PROCEDURE FOR CLOSING STREETS AND
ALLEYS.
The procedure for closing of streets and alleys
:+hall hereafter be as follows:
(A) Petitioners shall present to the City Clerk in
duplicate the following Information before processing
shall begin:
(1) Petition to close and vacate street or
alley, including a certified or photostated copy of the
plat on record In the Circuit Clerk's office.
(2) Abstracter's certificate of ownership.
L G4 � -
(3) Comments from owners or agents of all
utility companies concerning streets or alleys to be
closed and its relationship to existing or planned
utilities with recommendations as to what action
should be taken.
(4) A $40 Ming 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.
• fir: :1 = :.I r'�1 •II
(C) The recommendation of the Planning
Commission shall be forwarded to the City Board of
Directors.
(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.
('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 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:
(a) General criteria:
(i) 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 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.
(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.
(II) 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