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Home My WebLink AboutOrdinance 4142 ORDINANCE NO. L AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE 15 FEET WIDE ALLEY LOCATED IN BLOCK 3 OF LEVERETT'S 3RD ADDITION AS REQUESTED BY UNITARIAN UNIVERSALIST FELLOWSHIP IN VA98- 12. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate portions of streets and alleys which are not required for corporate purposes and, WHEREAS, City Council has determined that the following described alley is not required for corporate purposes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sectiol. That the City Council hereby vacates and abandons, subject to the reservation of an utility easement over, under and across, the following described property located in Washington County Arkansas: See Exhibit "A" attached hereto and made a part hereof. Section2. The City of Fayetteville hereby reserves an easement over, across and under the real property to be used to construct, lay, remove, relay, enlarge, and maintain public utilities. Section 3. A copy of this ordinance duly certified by the City Clerk shall be in the Office of the Recorder of the County and recorded in the Deed Records of the County. ` �Ik�*q AND APPROVED this 2nd day of March 1999. a (�� • � � t - APPROVED: r ' By: IW11440� red Hanna, Mayor ATTEST 13 (Ileaiher Woodruff, City Clerk ord . 4142 EXHIBIT "A" LEGAL DESCRIPTION The western half of the east-west alley which runs from Storer to Leverett Street, just south of Cleveland Avenue in the City of Fayetteville. This segment of alley is the portion between Lots 5 and 6 of Block 3, of Leverett's 3rd Addition on the north, and Lots 7 and 8, Block 3, of Leverett's 3rd Addition on the south. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE March 10, 1999 To: Janet Johns, Planning Secretary From: Heather Woodruff, City Clerk Attached is a copy of the ordinance approving vacation request VA 98- 12. The original will be file marked at the county, microfilmed and filed with the city clerk. Cc. Clyde Randall, Drafting Ed Connell, Land Agent John Goddard, Data Processing File 61 ko MICROEILMEUTE OF ARKANSAS MAR 0 1999 County of Washington } ss. FINANCE DEPS. I , JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class ORDINANCE No. 4142 mailing privilege, and being not less than four pages of five columns each, AN oaownNCE vncnnrfG published at a fixed place of business and at fixed (daily) intervals AND ABANDONING A POR- TION OF THE 15 FEET WIDE continuously ry y ry as9 In the Ci of Fayetteville, County of Washington, Arkansas for ALLEY LOCATED IN BLOCK 3, more than a period of twelve months, circulated and distributed from an OF TION AS TT'SEQU 3RD ADBY , established lace of business to subscribers and readers generally of all TION AS REQUESTED BV '. P g Y UNITARIAN UNIVERSALIST ' classes In the City and County for a definite price for each copy, or a fixed FELLOWSHIP IN VA98-12. price per annum, which price was fixed at what is considered the value of the WHEREAS, the City Council : ublication, based u on the news value and service value it contains, that at has the authority under A.C.A. I P P § 14-54-104 to vacate portions I least fifty percent of the subscribers thereto have paid for their subscriptions of streets and alleys which are . rt not required for corporate pur- to the newspaper or its agents or through recognized news dealers over a poses and, period of at least six months and that the said newspaper publishes an 1 WHEREAS, . City Council has 1 average of more than forty percent news matter. determined that the following -described alley is not required i for corporate purposes. I further certify t t the legal notice attadhed in the matter of NOW THEREFORE, BE IT � / ORDAINED BY THE CITY . "'1 COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: was published in the regular daily issue of said newspaper for Section 1 . That the City Coun- consecutive insertions as follows: cil hereby vacates and aban! dons, subject to the reservalioO of an utility easement over, un-1 The first insertion on the 'C �u J day of 19 4 4 der and across, the following) described property located in Washington County Arkansas: the second insertion on the day of 19 — See Exhibit"A' attached here-' to and made a part hereof the third insertion on the day of 19 — Section 2. The City of Fayette- ville, hereby reserves an ease- ment over, across and under the fourth insertion on the ay of 19 the mal' property to be used to construct, lay, remove, relay, enlarge, and maintain public utilities' I er/General Manager Section 3. A copy of this ordi- nance duty certified by the City ' Clerk shall ,be 'in the Office of Sworn to and subscribed before me on this day of the Recdrdenof the County and recorded in the Deed Records of the County. 19 — PASSED 9 —PASSED AND APPROVED this 2nd day of March 1999. r APPROVED: Notary Public By: My Commission Expires: Fred Hanna, Mayor ATTEST. Fees for Printing.......................................................$ By: Heather Woodruff, City Clerk EXHIBIT •A' Cost of Proof.............................................................$ LEGAL DESCRIPTION 96, '� Total..........................................................................$ The western. half of the east- , west alley which runs from Storer to Leverets Street, just south of Cleveland Avenue in the City of Fayetteville. This segment of alley is the portion between. Lots 5 and 6 of Block 3; of Levereff's 3rd Addition on the north, and Lots 7 and 8, ' Block 3, of Levereff's 3rd Addi- tion on the south. VA 98_12 ' `M1 I CRO FIb. I�iIlED C. 1.1 o1zD, yi yz STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of March 2 , 1999 . FROM : Alett Little Planning Public Works Name Division Department ACTION REQUESTED : To approve utility easement vacation 98-12 as requested by Unitarian Universalist Fellowship for property located at 901 West Cleveland , Leverett' a Third Addition , Block 3 and a portion of lot 5 , 6 , 7 , and 8 . The portion to be vacated is a 15 feet wide alley located south of Lot 5 and 6 and north of Lots 7 and 8 . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRAN ASE REVIEW: GRANTING AGENCY : Accounting Ver Date pq ADA Coordinator Date Ci y Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval of the easement vacation and the Planning Commission approved the request on Consent Agenda with a unanimous vote of 9-0-0 . Cross Reference sion e Date Z -1 L"riq r me t Director (�7Da�t�e�yq,_ New Item : Yes No A inist tive Services Date Prev Ord/Res# : Direct Mayor ADa Orig Contract Date : VA 98-12 . • C.1,2 PC Meeting of 08 Feb 99 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Alley vacation 113 W. Mountain St. Unitarian Universalist Fellowship Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members TE RU: Alett S. Little, City Planner aot- FROM: Ron Petrie, Staff Engineer DATE: 2 February 99 Project: VA 98.00-12.00: Alley vacation as requested by the Unitarian Universalist Fellowship for property located at 901 West Cleveland Street, Leverett' s Third Addition, Block Three, a portion of Lots five, six, seven, and eight. The property is zoned R-3 , High Density Residential. The request is to vacate only that portion of the 15 ' wide Alley located south of Lots five and six and north of Lots seven and eight. Please refer to the attached drawings. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric - No objections. Southwestern Electric Power Company - No objections, provided that the alley is retained as an easement. Arkansas Western Gas - no objections. SW Bell - No objections. TCA Cable - No objections. City of Fayetteville: Water/Sewer - No objections. Street Department - No objections. Solid Waste - No objections. Recommendation: Approval of alley vacation. PLANNING COMMISSION ACTION: —yes Required Approved Denied Date: / / VA 9$- 12 • • j CJA m r ONVIAVo 0 2. cD m fD O A + I a _ a (A !A OL N `.G3 SU 0 r IIr rn f Q O y O Q a 0 °c y -- 4 < -- - CD � m w o . to 0) l, 0 0 c =r A) lr � o o m I f 1p Ul J o O o moo c r D m N a s E Htjols ODOD v, :3o _ - . ._� e wa rn . a, n CO :3o i Al O Ql W Aa DD ca rM ❑ G 7 S ----...._ �2 ----- ❑ w ` 3 D CL a fil d w CL ' ( - ... ------------------. CD D 0 En 0 CDi PiCD I❑ n aL. . .- ---------- ---------- 113ti3A3l LrN e � °eyq' E wG � � dbs' � Ba $ 51 Mm 'l G. 9 " 0 < m a d xg 2e w egg oa ; 7 � 7 C o m ' 0 iiiiolt C. z oU m Sao^ NOoa 0 o M � � � c � nca 7• y � � N5 2: w VA98 , 00- 12 . 00 Unitarian Universal Fellowship - Close Up �7f1��11! VA 98-12 C. 1.7 CONSENT AGENDA APPROVAL OF MINUTES FROM THE JANUARY 25, 1999 MEETING VA98-12: VACATION UNITARIAN UNIVERSALIST FELLOWSHIP, pp 444 This item was submitted by Dana Copp on behalf of Unitarian Universalist Fellowship for property located at 901 West Cleveland Street. The property is zoned R-3, High Density Residential. The request is to vacate the western half of the east-west alley from Storer to Leverett Street. VA99-1 : VACATION GEORGE, pp214 This item was submitted by Jesse and Rhetha George for property located at 355 Chaucers Court. The property is zoned R- 1 , Low Density Residential. The request is to vacate a portion of the utility easement south and west of the property. Roll Call Upon roll call the motion passed with a unanimous vote of 9-0-0.