HomeMy WebLinkAboutOrdinance 4160 "FILED FOR RECORD
99M13 AM 1110
ORDINANCE NO. 4160 WASHINGTON CO AR
K . HARNESS
AN ORDINANCE VACATING AND ABANDONING AN ALLEY
LOCATED AT 903 SOUTH GOVERNMENT STREET, LOT 10 AND
11 OF THE DOWELL ADDITION, AS REQUESTED BY THE
REGIONAL NATIONAL CEMETERY IMPROVEMENT
CORPORATION IN VA99-4.
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 all of its rights ,
together with the rights of the public generally, in and to the following described alley located
in Washington County , Arkansas :
See Exhibit "A " attached hereto and made a part hereof.
Section 2 . 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 4th day of -May--, 1999 .
APPROVED:
By: lzdla�oDv4./
Fred Hanna, Mayor
ATTE T•
By :
Heather Woodruff, City erk
99043476
EXHIBIT "A"
LEGAL DESCRIPTION
Beginning at the Northeast corner of Lot 10 in Dowell 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 ; thence
South along the Eastern boundary of Lot 10 in said addition to the Southwest
corner of Lot 10; thence East 10 feet to the Southwest corner of Lot 11 in said
addition; thence North along the Western boundary of Lot 11 in said addition to
the Northwest corner of said Lot 11 ; thence West 10 feet to the point of
beginning.
99443477
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STAFF REVIEW FORM MICROR LMED
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of May 4 , 1999 .
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve VA99-4 by an ordinance vacating a utility easement
located at 903 South Government Street as requested by the Regional National
Cemetery Improvement Corporation lying in Lot 10 and 11 of the Dowell Addition .
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 :
Ac tin Ma ger Date /� ADA Coordinator Date
C ' t � Y Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval of the easement vacation and the
Planning Commission unanimously voted 8- 0-0 .
J Cross Reference
iv on H ad pats
r ent it ctor4,pat� „ _ New Item : Yes No
A ini�Strative Services Date Prev Ord/Res# :
Dir r N
May r ate Orig Contract Date :
4
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PETITION
PETITION TO VACATE AN ALLEY LOCATED CONTIGUOUS TO THE WEST SIDE OF LOT
10 AND THE EAST SIDE OF LOT 11 , IN DOWELL'S ADDITION, CITY OF FAYETTEVILLE,
ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the alley hereinafter sought to
be abandoned and vacated, lying contiguous to the West side of Lot 10 and the East side of Lot 11 ,
in Dowell's Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate
an alley which is described as follows:
Beginning at the Northeast corner of Lot 10 in Dowell 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; thence South along
the Eastern boundary of Lot 10 in said addition to the Southwest corner of Lot 10;
thence East 10 feet to the Southwest comer of Lot 11 in said addition; thence North
along the Western boundary of Lot 11 in said addition to the Northwest comer of said
Lot 11 ; thence West 10 feet to the point of beginning.
That the abutting real estate affected by said abandonment of the alley are the West side of Lot 10
and the East side of Lot 11 , in Dowell's Addition to the City of Fayetteville, Arkansas, a certified
copy of the original plat located in the Circuit Clerk's Office for the County of Washington, State of
Arkansas, is attached hereto, marked Exhibit "A", and made a part hereof as though set out herein
word for word.
Petitioners state that the above described real estate is not open and has not been used by the public
for a period of many years, and that the public interest and welfare would not be adversely affected
by the abandonment of the portion of the above described alley.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described
real estate, subject, however, to the existing utility easements and sewer easements as required, and
that the above described real estate be used for their respective benefit and purpose as now approved
by law.
The petitioners further pray that the above described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and
f-
sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting
property owners as provided by law, and as to that particular land the owners be free from the
easements of the public for the use of said alley.
Dated this day of K'k 19'
Printed tame .
Si ture
Nam
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Sig e
Minutes of Planning Commission
April 12, 1999
Page 4
NEW BUSINESS
VA99-4: VACATION
RNCIC-GOVERNMENT, PP561
This item was submitted by Virginia Middleton on behalf of the Regional National Cemetery
Improvement Corporation for property located at 903 South Government. The property is zoned
R-2, Medium Density Residential. The request is to vacate a portion of a 10 foot alley lying
contiguous to the west side of lot 10 and the east side of lot 11 in Dowell's Addition.
Staff Recommendation
Staff recommends approval of the vacation.
Commission Discussion
Johnson: Items 3 and 4 are both vacations submitted by the same person for the same
National Cemetery. Does staff have anything additional?
Conklin: There are no comments. There was no objection to the vacation by the utilities
companies or the City.
Johnson: We toured this site at agenda session last Thursday. I think if you will look in
your packet at page 3.3, perhaps that gives a clearer view of the property that is owned by the
Cemetery and you will see, at least according to the drawing of the Dallas Addition, that the
National Cemetery already owns lots 10 and 11 . Is that correct?
Conklin: That is correct.
Johnson: One of the alleys to be vacated is located between two lots already owned by the
Cemetery.
Conklin: That is also correct.
Johnson: Then the other portion of the alley which is west of lots 13 and 14 is not contained
within the Cemetery Association. When we were on site on Thursday, we were told that there
was one neighbor who had some concerns and some questions. Staff, I understand that neighbor
contacted you and said those concerns were answered and he now agrees with the proposed
vacation. Is that correct?
Warrick: I talked to that person and that is correct.
Minutes of Planning Commission
April 12, 1999
Page 5
Johnson: Is the applicant here? Probably for this kind of project, it is not necessary that the
applicant be here. Are there questions or comments from any of the members?
Public Comment
Marla Hargess was present and inquired as to the procedure to vacate the portion of the alley
adjoining her property.
Mr. Vinson provided her with his business card to contact him regarding her request.
MOTION
Mr. Ward made a motion to approve VA99-4.
Mr. Estes seconded the motion.
Johnson: This is a vote is merely a recommendation that will go on to the City Council. Is
there discussion of the motion?
Roll Call
Upon roll call, the motion was approved by a unanimous vote of 8-0-0.
MICROFILMED STATE OF ARKANSAS 1j JUN 0 7 1999
ORDINANCE N64760 County of Washington J Ss. _ _ gE O, �
AN ORDINANCE
AND ABANDONING ANTAL- I, JEFF JEFFUS, hereby certify that III am the publisher of THE
SOULocnreD AT sosTHNORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
GOVERNMENT STREET, mailing privilege, and being not less than four pages of five columns each,
LOT 10 AND 11 OF THE DOW.
ELL ADDITION, AS RE- published at a fixed place of business and at fixed (daily) intervals
OUESTE
D,
BY THE REGIONAL NATION-
continuously in the City of Fayetteville, County of Washington, Arkansas for
BY THE
AL CEMETERY IMPROVE- more than a period of twelve months, circulated and distributed from an
A994 CORPORATION IN 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
WHEREAS, the City Council price per annum, which price was fixed at what is considered the value of the
has the authority under A.C.A.
h 14-54106 to publication, based upon the news value and service value it contains, that at
vacate portions of streets and least fifty percent of the subscribers thereto have paid for their subscriptions
alleys which are not required
for to the newspaper or its agents or through recognized news dealers over a
corporate purposes and, period of at least six months and that the said newspaper publishes an
WHEREAS, City council has I average of more than forty percent news matter.
determined that the following
described alley
is not required for corporate . I further C i that the legal notice attached in the matter of
purposes.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY /
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
was published in the regular fly issue of said newspaper for
Section 1. That the city coun- consecutive insertions as f o s:
cil hereby vacates and aban.
dons all of its
rights, together with the rights The first insertion on
of the publicthe day of 19
generally, in and to
the
following described alley locat.
ed in Washington county, Ar- the second insertion on the day of 19 —
kansas:
See Exhibit •A• attached here. the third insertion on the day of 19 —
to and made a part hereof.
Section 2. A copy of this ordi. the fourth insertion On the By of 19
nance duly certified by the City
Clerk
shall be filed in the Office of
the Recorder of the County and
recorded
intheIIs r/General Manager
in the Deed Records of the
County. ,
PASSED AND APPROVED Sworn to and subscribed before me on this day of
this 4th day of May , 1 ggg. In
APPROVED: 19
c
By: �t«u�t�rtltitttrt
Fred Hanna, Mayor rine Sall 1 ', Notary Public
Cathet�
ATTEST: My Commission Expires: >r Notary Public, State of Arkansas '<
,
Heather Woodruff, City Clerk oult y Clerk r My Commission Expires 0:127/
EXHIBIT "Am «cKt[<ttttt<tat<U[ttttttttt tl .��
LEGAL DESCRIPTION Fees for Printing.......................................................$ (((
Beginning at the Northeast cor.
ner of Lot 10 in Dowell Addition Cost of Proof.............................................................$
to the City of Fayetteville, Ar-
kansas, as per plat of saitl addi-
tion on file in the Office of the Total..........................................................................$
Circuit Clerk arta Ex-Officio Re-
corder of Washington County,
Arkansas: thence South along
the Eastern boundary of Lot 10
in said addition to the South-
west corner of Lot 10: thence
East 10 feet to the Southwest
corner of Lot 11 in said addi.
tion; thence North along the
Western boundary of Lot 11 in
said addition to the Northwest
corner of said Lot 11( thence
West 10 feet to the point of be-
ginning.