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Home My WebLink AboutOrdinance 4151 FILED FOR RECORD 4151 " 99 nfl4 13 AM 11 10 ORDINANCENO._ WASHINGTON CO AR AN ORDINANCE VACATING AND ABANDONINGKAH �81'jFMT ALLEY TO THE EAST OF PROPERTY LOCATED AT 820 SOUTH COLLEGE AVENUE, AS REQUESTED BY GARY KAHANEK AND JOHN FIRMIN OF BUILD A HOME, IN VA99-2. 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. Section3. 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 e day ofrn ' I 1999. � FFrt • � ; APPROVED: By: 9�/lb4 red Hanna, Mayor tj S . ' 4. J ATTEST: By: Heather Woodruff, City berk 99043467 EXHIBIT "A" LEGAL DESCRIPTION Lots numbered nine (9), ten (10), eleven (11 ), and twelve (12) in block numbered two (2) in Glenwood Park Addition to the City of Fayetteville, Arkansas. Said twenty (20) foot wide alley abuts the eastern border of the above parcel. 99443468 I K@ihl@@n H@Rltlpp, Clrcult Clstk and 6u•@Hlal@ f�@R@Kier t@r W@chindtan CehhW, AHrnnc::p, da herdgy @aaliv lhal Ihla InUrUn,4nt Ye; ni d Ed! MbePd In Fliy @ftics @8 iridloelwd hary,ign a,id thN oams io nt;w duly recgidsd twjth the ecknaaS,t,).ment end garlitiaato th€ 998 la ,,^,r, p,d t cck rntA Pgg6 ;is iadlca;zd thorasn. IN WITNI' S6 V.44 W"'07 haFeQn. W"'07 I h'+ve harpunto pot my hong waf}I gd lhB 4 6NId pUO on t p dots indl- . ilsc'dor 1;y • t FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning Secretary From: Heather Woodruff Date: April 9, 1999 Attached is a copy of the ordinance approving vacation request VA99-2 for your files. The original will be file marked at the county, then microfilmed and filed in the city clerk's office. CC. Tony, Planning John Goddard, Data Processing Clyde Randall, Engineering Ed Connell, Engineering MICROPTLMED STATE OF ARKANSAS APR 2 0 1999 County of Washington ss. ":rnfAW p I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, ORDINANCEND. 4151 - published at a fixed place of business and at fixed (daily) intervals AN ORDINANCE VACATING continuously In the City of Fayetteville, County of Washington, Arkansas for AND ABANDONA 20 FOOT ALLEY TTOING THE EAST more than a period 0 twelve months, circulated and distributed from an OF PROPERTY LOCATED AT 820 SOUTH COLLEGE AVE- established place of business to subscribers and readers generally of all NUE, AS REQUESTED .BY classes in the City and County for a definite price for each copy, or a fixed GARKAHANEK AND JOHN FIRMIN OF BUILD A HOME. IN price per annum, which price was fixed at what is considered the value of the VA99-2. publication, based upon the news value and service value it contains, that at WHEREAS, the city Council least fifty percent of the subscribers thereto have paid for their subscriptions has the authonty under A.C.A. n § 14-64-104 to vacate portions to the newspaper or its agents or through recognized news dealers over a of streets and alleys which are period of at least six months and that the said newspaper publishes an not required for corporate, pur- poses and, average of more than forty percent news matter. WHEREAS, City Council has determined that the following I furtr certify that the legal notice attached in the matter of described alley is not required for corporate purposes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: was published in the regular dally Issue Of said newspaper for Section I. That the City Council consecutive insertions as fol s. hereby vacates and .abandons, subject to the reservation of an The first insertion on the day of 19 utility easement over, under and across. the following de- scribed property located in Washington county Arkansas: the second insertion on the day of 19 — See Exhibit *A' attached here. to and made a part hereofthe third insertion on the day of 19 — Section 2: The City of Fayette- ville hereby reserves an ease. the fourth insertion on th day — ment over, across and be used under the real property to construct, lay, remove, relay, enlarge, and maintain public utilities. t/Wblisher/General Manager Section 3. A copy of this ordi- nance duly certified by the City Sworn to and subscribed before mey5n'Fh' da of Clerk shall be filed in the Office Y` �'a!!!!!,!!!! of the Recorder of the County r !!!!!!!!(l! and recorded in the Deed Re- Cg(h «fie1g cords of the County. blrCS PASSED AND APPROVED f j 0 this 6th day of April, SiDff EX , ' 1999. «c<ccccc<ccccccccc<ccc is 62/>7Vpt�y Public APPROVED: k4{{4C��{ My Commission Expires: By: Fred Hanna. Mayor ATTEST. Fees for Printing.......................................................$ By: Cost of Proof.............................................................$ Heather Woodruff, City Clerk _ EXHIBIT *Am _— . Total..........................................................................$ LEGALDESCRIPTION Lots numbered nine (9), ten (10), eleven (11 ) and twelve (12) in block numbered two (2) - - in Glenwood Park Addition to the City of Fayetteville. Arkan- sas. Said twenty (20) foot wide alley abuts the eastern border of the above parcel. . . . Nea yyi�/ q9��o MICROIFILMED ciao, Y / sl STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of March 16 , 1999 . FROM : Alett Little Planning Public Works Name Division Department ACTION REQUESTED : To approve vacation request VA99-2 , to vacate a 20 fest alley to the east of property located at 820 South College Avenue as submitted by Gary Kahanek and John Birmin of Build A Home . 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 : Acc nti g M n er Daat�e. / ADA Coordinator Date C1 tlxrAtto ey Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission recommended for Council approval on the consent agenda with a vote of 8-0-0 . Mr . Forney was absent . Cross Reference Di ' sion H a Date Z-LG -4 S ar ire for4g_ , New Item : Yes No %i r ervices Da e Prev Ord/Res# : Dire r Mayyt Date Orig Contract Date : Minutes of Planning Commission February 22, 1999 - -:Page 2 - CONSENT AGENDA MINUTES OF SPECIAL MEETING JANUARY 15, 1999 VA99-2 : VACATION -` `BUILD-A=HOME, pp563 This item was submitted by Gary Kahanek and John Firmin of Build-A-Home for property located at 320 South College Avenue. The property is zoned R-2 , Medium Density Residential . The request was to vacate a 20-foot alley to the east of the property. Staff recommended approval . LSD99-3 : LARGE SCALE DEVELOPMENT ALLIED STORAGE, pp601 This item was submitted by Kurt Jones of Crafton, Tull and Associates on behalf of Allied Storage for property located at 15th Street across from Walker Park. The property is zoned I- 1 , Heavy Commercial , Light Industrial , and contains approximately 14. 93 acres. Staff recommended approval subject to the following conditions : I . Provide screening that was required for the original development as described in § 160. 113 (D)(6) [UDO 166. 10 (C)(6)J : The applicant shall install landscaping per option 92 stated in the attached letter; hotivever, the variety of honeysuckle to be installed will be "Lonicera japonica `purpurea "' as requested by the Landscape Administrator. A description of this plant is included in the agenda material. 2 . All new utilities shall be located underground . 3 . Plat Review and Subdivision comments. 4 . Cooperation with Water and Sewer Maintenance Division to provide necessary access to all manholes. 5 . Staff approval of final detailed plans, specifications and calculations for grading, drainage, water, sewer, fire protection, streets, sidewalks, parking lot(s), and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and Minutes of Planning Commission February 22, 1999 age - ` — approval. All improvements shall comply with the City 's current requirements. 6. Large Scale Development approval to be valid for one calendar year. 7 . Prior to the issuance of building permit the following is required : a. Grading and drainage permits. b. Separate easement plat for this project. C. Completion of all required improvements or the placement of a surety with the City as required by 159.34 . Further, all improvements necessary to serve the site and protect public safety must be completed, notjust guaranteed, prior to the issuance of a Certificate of Occupancy. MOTION Mr. Estes made a motion to approve the consent agenda. Mr. Shackelford seconded the motion. 12011 C111 Upon roll call , the motion passed with a unanimous vote of 3-0-0. VA 99-2. 00 Page 1 PC Meeting of 22 Feb 99 -- FAYETTEVILLE _ THE CITY OF FAYETTEVILLE, ARKANSAS Alley vacation ' 113W.- Mountain St. Build-A-Home Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Alett S. Little, City Planner FROM: Ron Petrie, Staff Engineer DATE: 18 February 99 Project: VA 99.00-2.00: Alley vacation as requested by Build-A-Home for property located at 820 South College Avenue, Glenwood Park Addition, Block Two, located east of Lots 9, 10, 119 & 12 and west of Lots 45 , 46, 47, & 48 . The property is zoned R-2, High Density Residential . The request is to vacate only that portion of the 20' wide Alley adjacent to the afore mentioned lots. Please refer to the attached drawings. The applicant has submitted the required notification forms to the utility companies, adjoining property owners and to the City. The results are as follows: Ozarks Electric - No service. 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. One adjacent property owner objected to the proposed alley vacation stating "We have heard that the intention is to build apartments on the adjoining property. We don' t want that to happen. " Another adjacent property owner commented "You can only have 10' of it" but did not object to the requested vacation. Note: Property which is vacated reverts to the property owners on each side in equal amounts. City of Fayetteville : Water/Sewer - No objections. Street Department - No objections. Solid Waste - No objections. Recommendation: Approval of alley vacation provided that 20' be retained as a general utility easement. VA99 . 00 -2 . 00 - Build -a - home - Close Up .. .. .. . . R-2 9TH R-2 W 0 0 W J J 0 R-2 Z 0 R-2 f- CD z ALM U) R-2 R-2 R-2 N 100 0 100 Feet E s � Il �LL