HomeMy WebLinkAboutOrdinance 4150 ORDINANCE NO.4 i s n
AN ORDINANCE VACATING AND ABANDONING AN ALLEY
LOCATED WITHIN BLOCK 14 OF FERGUSON'S ADDITION, 404
WEST SIXTH STREET, AS REQUESTED BY LAURA KELLY ON
BEHALF OF TOWN CREEK BUILDERS.
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 :
Section 1 . 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.
PASSED AND APPROVED this -23- day of March , 1999.
APPROVED:
By: /J6 e��f
Med Hanna, Mayor
ATTEST:
By-4 1 /It�
Heather Woodruff, City CI
ord 4150
EXHIBIT "A"
LEGAL DESCRIPTION
An alley of a section of twelve (12) feet and a parallel section of eight (8) feet, each
of equal and uniform width being adjacent to, and west of the west boundary of lots
one (1 ) through nine (9) inclusive, in block fourteen (14), in Ferguson's addition to
the City of Fayetteville, Arkansas, as per plat of said addition on file in the office
of the Circuit Clerk and ex-officio recorder of Washington County, Arkansas. The
above described alley being the twelve (12) foot alley as shown on the plat of said
addition and an additional eight (8) feet deeded to the City of Fayetteville,
Arkansas, off the east side of lots seventeen ( 17) through the midpoint of the SE
comer and the NE comer of lot 19 inclusive.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Janet Johns, Planning Secretary
From: Heather Woodruff, City Clerk
Date: March 29, 1999
Attached is a copy of the ordinance vacating the alley at 404 W. Sixth Street for your records.
The original will be microfilmed and file marked at the county court house.
cc. Clyde Randall, Engineering
John Goddard, Data Processing
File
MICROFILME�'tD t ` � � ' r
STATE OF ARKANSAS— APR 19 1999
ORDINANCE NO.4150
AN ODINANCECounty of Washington ss. •�
AND ABANDONING ANTING AL CINANCE DEM
LEY LOCATED WITHIN
BLOCK 14 OF FERGUSON'SI, JEFF JEFFUS, hereby certify that I am the publisher of THE
ADDITION, 404 WEST SIXTH NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
STREET, AS REQUESTED
BY LAURA KELLY ON BE- mailing privilege, and being not less than four pages of five columns each,
HALF OF TOWN CREEK useaa fixed of anat fixed BUILDERS. published fidlf business d fiddil P y) Intervals
WHEREAS, the City Council
continuously in the City of Fayetteville, County of Washington, Arkansas for
.has the authority ender A.C.A. more than a period of twelve months, circulated and distributed from an
g 14-54-104 to vacate which
are established lace of business to subscribers and readers generally of all
of streets and alleys eport are P 9 Y
not required for corporate per- classes in the City and County for a definite price for each copy, or a fixed
poses and, price per annum, which price was fixed at what is considered the value of the
WHEREAS, city council has publication, based upon the news value and service value it contains, that at
determined that the following
described alley is not required least fifty percent of the subscribers thereto have paid for their subscriptions R
tar corporate purposes. to the newspaper or its agents or through recognized news dealers over a
NOW THEREFORE, BE IT period of at least six months and that the said newspaper publishes an
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF average of more than forty percent news matter.
FAYETTEVILLE, ARKANSAS:
Section 1. That the City coun- I furl er certify that the legal notice attached in the matter of
cil hereby vacates and aban-
dons, subject to the reservation
of an utility easement over, un-
der and across, the following
described property located in
Washington County Arkansas: was published in the regular daily issue of said newspaper for
Sea Exhibit 'A' attached here- consecutive insertions as follows:
to and made a part hereof. /
Section 2. The City of Fayette- The first insertion on the day of 19 -91
villa hereby reserves an ease-
ment over, across and under
the real property to be used to the second insertion on the
construct, lay, remove. relay, day Of 19 —
enlarge, and maintain public
utilities. the third insertion on the day of 19 —
Section 3. A copy of this ordi.
nance duly certified by the City
Clark shall be in the office of the fourth insertion on theay of 19
the Recorder of the County and
recorded in the Deed Records .. . . .
of the County.
PASSED AND APPROVEDher/General Manager
this 23rd day of March,
' 1999.
Sworn to and subscri ed before me on this day of
APPROVED:
9�
1
Fred Hanna, Mayor By: e � - - � - ' " "
ATTEST: g--�4ftfIfrPublic, State ot'ArkI3rPubliC
By: %vivOn owflty t�
Heather Woodruff, City Clerk My Commission Expires: �' 1t'1)' '1riN�ui;ZiAr1 Ex tree M177m5 r`+
«[tK'<CKc(c�kr<Cr<c a u r<r<u<cc
EXHIBIT *A"
LEGAL DESCRIPTION
Fees for Printing.......................................................$
An allay of a section of twelve CJ /
(12) feet and a parallel section
of eight (B) feet, each of equal
and uniform width being adja-
Cost Of Proof.............................................................$
centand west of the west
boundary of lots one ( 1 )
through nine (9) inclusive, in Total.......................................::.................................$
block fourteen (14), in Fergu-
son's addition to the City of _ -
Fayetteville, Arkansas, as per
plat of said addition on file in
the office of the Circuit Clerk
and ex-officio recorder of - -
Washington County, Arkansas.
The above described alley be-
ing the twelve (12) foot alley as
shown on the plat of said addi.
tion and an additional eight (8)
feet deeded to the City of
Fayetteville, Arkansas, off the
east side of lots seventeen (17) (]
through the midpoint of the SE g9 - .Ja
comer and the NE comer of lot
19 inclusive.
. 02o yi sa
MICROFIILMED VA 99.3
c. iz.i
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of March 23 , 1999 .
FROM :
Alett Little Planning Public Works
Name Division Department
ACTION REQUESTED : To approve VA99-3 submitted by Laura Kelly on behalf of Town
Creek Builders for property located at 404 West Sixth Street . The property is
zoned C-2 , Thoroughfare Commercial . The request is to vacate a 20 foot alley
adjacent to the property .
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/GRANT/LEASE REVIEW : GRANTING AGENCY :
Ajounting Ma er Date ADA Coordinator Date
Ci y Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : This item has not been to the Planning Commission but it
is scheduled to be on the March 22 , 1999 agenda .
Cross Reference
Di sion He Date
a l3 G_ SS
ar, Director I1P@�1a,.t�e(����+ New Item : Yes No
i strati e ervices aD to Prev Ord/Res# :
7Di or
Ma Date Orig Contract Date :
1
BLLMI
■ �� _ oSIM
� 1�
Mail
N
� � all
VA 99-3
C.12.3 _
VA99 . 00- 3 . 00 - Towncreek Builders - Close Up
w v
C2 C2 0
= C-2
U
N
C-2 G2
C-2
PRAIRIE
C-2
I-1
d. I G2 C-2
0
I-1 0
C-2
G2
I-1
I-1G2 I
C-2
I-1
C-2
I-1
C-2 C-2
I1 I �
C-2
C-2
I-1
I-1 G2
C-2
I-1 0 C-2
C_2 0
I-1 �
C-1 co G2
C-2
G2
6TH
G2 G2 C-2
I-1
I 1 C-2
I-1 I C-2
rj 100 0 100 Feet
E
S
VA 99-3
C.12A
PC Meeting of 22 Mar 99
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Alley vacation
113 W. Mountain St. Town Creek Builders
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Alett S. Little, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: 18 March 99
Project: VA 99-3.00: Vacation (Town Creek Builders, pp 523) was submitted by Laura
Kelly on behalf of Town Creek Builders for property located at 404 West Sixth Street. The property
is zoned C-2, Thoroughfare Commercial. The request is to vacate an alley within Block 14 of
Ferguson's Addition. The alley varies in width and runs from Prairie Street on the north to W. 6 1
Street on the south as shown on 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.
Arkansas Western Gas - No objections.
SW Bell - No objections.
TCA Cable - No objections.
City of Fayetteville:
Water/Sewer - No objections provided that the conditions that are contained in the February 26,
1999, letter from David Jurgens are met.
Street Department - No objections.
Solid Waste - No objections.
Recommendation: Approval of alley vacation subject to the conditions as contained in the
February 26, 1999 letter from David Jurgens.
PLANNING COMMISSION ACTION: _Required
Approved Denied
Date: / /
VA 99-3
C.12,6
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY
VACATION
DATE: 2 G F& 6 CO
unLiTY cowANY; �hYG trr-. v t t c rr L 9 4-&2
REQUESTED VACATION: Alley right-of-way
I have been notified of the petition to vacate the right-of-way of the alley of equal and uniform width being
adjacent to and west of the west boundary of lots one (1) through nine (9) inclusive, in block fourteen (14),
in Ferguson's addition to the city of Fayetteville, Arkansas, as per plat of said addition of file in the office
of the circuit clerk and ex-officio recorder of Washington County, Arkansas. The above described twenty
(20) foot alley being the twelve (12) foot alley as shown on the plat of said addition and an additional eight
(8) feet deeded to the City of Fayetteville, Arkansas, off the cast side of lots seventeen (17) through twenty-
two (22) inclusive, extending from the south line of Prairie Street to the North line of Sixth Street (U.S.
Highway 62).
I understand that a utility easement sball be preserved in a twenty (20)-foot-wide strip parallel to the
existing alley right-of-way with the proposed centerline being eight feet farther west than the existing right-
of-way centerline.
The proposed centerline shall follow the existing sewer,main. which is further described as follows:
Commencing at the northeast corner of lot numbered twenty-one (2 1) of said block fourteen (14) of
Ferguson's Addition to the City of Fayetteville; thence N89°38'38"W along the north line of said lot
twenty-one (21) 17.92 feet to the point of beginning of said easement ceaterline, said point being in the
center of said sewer line. Thence S0000612 1"W along the center of said sewer line 192.70 feet to an
existing manhole; thence SO 1059'20"W along the center of said sewer line 196.21 feet to a point on the
north right-of-way of state highway 62 (6'" Street) as now exists, said point being the end of said easement
centerline.
UTILITY COMPANY CON% ENTS:
❑ No objection to the vacations described above.
No objections to the vacations described above, provided following described easements are
retained (Sate the location, dimensions, and purpose below.)
SGC A ( ftlfzco l t ( 7- e DA-ZD
FC 20 uaagerT
0a L ) QA�
Signature o "ty representative
SbUX32 MA 5UfT-
fide
FAYETTEVI LLE VA 99-3
0, 12.7
THE CITY OF FAYETTEVILLE, ARKANSAS
February 26, 1999
Laura Kelly
311 West Dickson, Suite 103
Fayetteville, AR 72701
Re: Right-of-Way Vacation, 404 West 6th Street
Dear Ms. Kelly,
I approve the right-of-way vacation for the north-south right-of-way at 404 West 6th Street with the
following provisions.
1 . An easement must be maintained which allows for both existing and future required water and
sewer lines. There is a very good chance that the existing water line will need to be replaced within the next
20 years. This replacement will require a new line be installed several feet east of the existing water line
in order to maintain separation between the water and sewer lines. Thus, the west boundary of the
easement must be no less than 8' west of the centerline of the existing (north-south) 18" sewer line. The
east boundary of the easement must be no less than 17' east of the centerline of the existing (north-south)
18" sewer line. This easement will meet all current and future water and sewer requirements.
2. The existing 12" line which is currently located under the south west corner of the large structure
must be made legal and accessible for maintenance. This can be done one of two ways. First, the line can
be relocated around the building. Second, the extreme southern portion of the structure can be removed;
it appears that this portion of the building was added to the original structure. The final configuration must
be that the sewer line has a cleared 20' wide easement centered upon the sewer line. One caveat is that the
corner of the original structure (not the add-on which was built over the sewer line) may be allowed to
penetrate no more than 2' into the easement. If this 12" line is relocated, the new line must have flow
capacity equal to the existing fine.
Structures built in lots 1-9 shall be allowed to tap onto the 18" sewer line west of these lots as long as they
meet one of the two provisions listed below. These provisions are required in order to protect the
prospective structures and tenants from the possibility of the sewage from backing up out of the 18" sewer
main. We generally do not allow connections on these large mains due to the significant flow volume.
1 . The floor of buildings must be at least 12" higher than the manhole upstream from this building's
tap onto the sewer main. The sewer cleanout must be a pop-up style cleanout located such that traffic
113 WEST MOUNTAIN 72701 501-521 -7700
FAX 501 -575-8257
VA 99-3
CAM
February 26, 1999 Page 2
Re: Right-of-Way Vacation, 404 West 6th Street
cannot run over the cleanout cap. Additionally, a sewer check valve must be installed in the service line.
The cleanout and check valve shall be the owner's responsibility to maintain. Or,
2. The building shall have a sewer pump system.
All existing water and sewer services must be properly abandoned and new connections made and used for
any and all structures constructed or receiving significant renovation. This is to meet the requirement that
any new structures shall have services which meet current codes, and to protect the prospective structures
and tenants.
Please do not hesitate to call me at 575-8386 if you have any questions.
Sincerely,
c
David Ju g s, P
Water/S w r M tenance Superintendent
cc: J' Beavers
Tim Conklin
C.AEASENUUMCM-04.W E)
