HomeMy WebLinkAboutOrdinance 4161 .
FILED FOR RECORD
099 nRY 13 Aft 1111
WASHINGTON CO AR
ORDINANCE NO. 4161 K . HARNESS
AN ORDINANCE VACATING AND ABANDONING A PORTION OF
A 20 FOOT ALLEY LOCATED AT 898 HILL STREET AS
REQUESTED BY THE REGIONAL NATIONAL CEMETERY
IMPROVEMENT CORPORATION IN VA99-5 .
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, the 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:
Section1. 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 4' day ofMay , 1999.
APPROVED:By : *Ou�
Fred Hanna, Mayor
ATT
By :
Heather Woodruff, City C erk
99043?8
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTH 198 FEET OF A PLATTED 20 FOOT ALLEY LYING
CONTIGUOUS TO THE WEST SIDE OF A PART OF LOT 9, ALL OF LOTS
10, 13 , AND 14 IN DOWELL' S ADDITION, TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS BEGINNING AT THE SW CORNER OF
SAID LOT 14, THENCE NORTH 86056123 " WEST ALONG THE SOUTH
END OF SAID ALLEY A DISTANCE OF 20 FEET; THENCE NORTH
2021 '44" EAST ALONG THE WEST SIDE OF SAID ALLEY A DISTANCE
OF 198 FEET; THENCE SOUTH 86°56'23 " EAST A DISTANCE OF 20
FEET; THENCE SOUTH 2°21 '44" WEST ALONG THE EAST SIDE OF SAID
ALLEY A DISTANCE OF 198 FEET TO THE POINT OF BEGINNING,
CONTAINING 31959 SQ . FT. (0.09 ACRES) , MORE OR LESS.
990434'79
lortt
clo
ontCand
ed%heH®9®fd9tfor Washington CoutttyAdn , do hereby
office aaaindldatodt Hit th coon and i o Cane 10rd nnowduly
with the acitnawledgamcnt and ogitificato
thcreonrecordedIn R cai d Rook and P 9 as Indioatod thoroon.
IN WIYNL80 WNFPGOF, I havo hereunto cot my
hand and anlxcd IN G=al of cald Court on the dato Indl-
oated horeen.
Kathleen bang -
Circuit GiorM . d rx .CI 000rdor
Irv_
MICROFILMED rtfmcitrViimiLolomo l
ORDINANCE NO. 4161
AN ORDINANCE VACATING STATE OF ARKANSAS JUN 0 7 1999
AND ABANDONING A POR-
TION OF
20 FOOT ALLEY- County of Washington SS.
LOCATEHILL
STREET AS REQUESTED BY riNANCE 00''s
THE REGIONAL NATIONAL-
CEMETERY IMPROVEMENT I, JEFF JEFFUS, hereby certify that I am the publisher of THE
CORPORATION IN VA99-5. NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
WHEREAS, the City Council mailing privilege, and being not less than four pages of five columns each ,
nes the 104 to
antler Ations published at a fixed lace of business and at fixed (daily) Intervals
§ 1a-54.aut or vacate portions P P I Y)
of streets and alleys which are continuously in the City of Fayetteville, County of Washington, Arkansas for
not required for corporate pur-
posesand, more than a period of twelve months, circulated and distributed from an
WHEREAS, the City Council established place of business to subscribers and readers generally of all
has determined that the follow- classes in the City and County for a definite price for each copy, or a fixed
ing described alley is not re-
quired for corporate purposesprice per annum, which price was fixed at what is considered the value of the
NOW THEREFORE. BE IT OR- publication, based upon the news value and service value it contains, that at
DAINED BY THE CITY COUN- least fifty percent of the subscribers thereto have paid for their subscriptions
CIL OF THE CITY OF FAYET-
TEVILLE, ARKANSAS: to the newspaper or Its agents or through recognized news dealers over a
Section 1 . That the City Council period of at least six months and that the said newspaper publishes an
hereby vacates and abandons average of more than forty percent news matter.
all of its rights, together with the
rights of the public generally, in
and to the following described I further rtify that the legal notice attached in the matter of
alley located in Washington
,
County. Arkansas:
See Exhibit 'A* attached hereto
-
and made a part hereof.
Section 2. A copy of this ordi- was published in the regular daily issue of said newspaper for
nance duty certified by the City consecutive insertions asoll ws:
Clerk shall be filed in the Office
of the Recorder of the County
and recorded in the Deed Re- L/IThe first insertion on the da of 19
cords of the County. Y
PASSED AND APPROVED the second insertion on the da of 19 —
this 4th day of May y
J999.
APPROVED: the third insertion on the day of 19 —
BY the fourth insertion on the By of 19 —
Fred Hanna, Mayor
ATTEST:
By: Isher/General Manager
Heather Woodruff, City Clerk
EXHIBIT "A^ Swom to and subscribed before me on this day of
LEGAL DESCRIPTION
THE SOUTH 198 FEET OF A 19
PLATTED 20 FOOT ALLEY
LYING CONTIGUOUS TO THEWEST A
OT 9, ALOLEOFFLOTS 110, 19, ' Catherine Sall
1 ; Notary Public
AND 14 fN DOWELUS ADDI- 1 Notary Public, State ofArkunsas ,
TION TO THE CITY OF ' Washington Count
FAYE�TTEVILLE, WASHING- My Commission Expires; M Commission •x TICS
TON COUNTY, ARKANSAS, 1 y P - k
BEING MORE PARTICULAR- ((((((((((((((((((((((((((((((((((IC
LY DESCRIBED AS BEGIN.
NING AT THE SW CORNER _
OF SAID LOT 14, THENCE Fees for Printing.......................................................$
NORTH 86°56'23' WEST
ALONG THE SOUTH END OF
SAID ALLEY A DISTANCE OF Cost of Proof.............................................................$
20 FEET; THENCE NORTH
2021 '44' EAST ALONG THE
WEST SIDE OF SAID ALLEY A Total..........................................................................$
DISTANCE OF 198 FEET;
THENCE SOUTH 86°56'23'
EAST A DISTANCE OF 20
FEET; THENCE SOUTH
2021 '44• WEST ALONG THE
EAST SIDE OF SAID ALLEY A
DISTANCE OF 198 FEET TO ,
THE POINT OF BEGINNING,
CONTAINING 3,959 SQ.FT.
(0.09 ACRES), MORE OR .
LESS
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review MIc
For the Fayetteville City Council meeting of May 41 1999 . d � � ��� MEJ)
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve VA99-5 by an ordinance vacating a utility easement
located at 898 Hill Street as requested by the Regional National Cemetery
Improvement Corporation for that portion of a 20 foot alley lying contiguous to
the west side of a part of lot 9 and all of lots 10 , 13 and 14 in Dowells
Addition .
COST TO CITY :
$$ 0
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 :
Account in a er S/.Date _ ADA Coordinator Date
/
City' o e Date Internal Auditor Date
ur hasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval of the easement vacation and the
Planning Commission unanimously voted 8-0- 0 .
y ;Lco :i7 Cross Reference
D is jiad Date
arire r ate New Item : Yes No
inive Seryices Date Prev Ord/Res# :
Dir r
Mayq& ate Orig Contract Date :
GRA WJNC PREPARED 8Y -
= l h
199 199 99-2z�
DOWELL 'S ADD177ON
I i
- I I
"al IT
1 n l I SCALE 1 "= 60'
gl I �
�T .OH)AM I I AYVfJtT A]N>AN
D}1!111 I � I 9Jv'I1JJ
wooded arca .y i I - - 6 7 Ld
20. 00 ' I 2eExr o aAN I I
`\ I IS 1!/Il W I [� LKG3Y t .Q`L .7G(M1P Ld
1 I SQWIJZ y
rvnl u+e cr tar J —
5623 E /�I I Yffiid¢17C¢. I
rr sem- I _
�jac'dev� � O —_ _ Q AECCxK NAIgyK � T — — — — — — — — — — �•
LONA Y. rn - - - - 10
C/o 21 A
IJao-sn
VA CA TEQ+_ - -
I
13 a I I a 12 W
DOWELL "S ADDITION X
___ O 5865621 c' j
___ � 9ravcslo„� s '
c
Q� — _ - - - - - - - - - I
- - -_ 14 W
AREA CF ALLEY -—_ I I 15
TO Be — =
VA5865623_
G IM - - -
9fa`Xt�O(1PFa � \ — — — P.7CIt�1nc�
N86 56 23
20. 00 '
NAROVAL CIOERY
DIS77NG /ROV P/N �xK'�h9 dTJVG
( TYPfGL J
VA99 . 00- 5 . 00 - RNCIC - Hill - Close Up
L�
❑ ❑ R-2 R-2 Eo
❑ R-2 R-2
R-2
R-2 EEJ
D R-2
R-2 ❑ F1 �
o z
A- 1 A- 1 ❑
z
A- 1 A- 1
❑ ❑ Q rr -� O
A- 1 fir'
❑ ❑
O
R-2
R-2
0 R-2 R-2
N 100 0 100 Feet
E
S
PETITION
PETITION TO VACATE AN ALLEY LOCATED CONTIGUOUS TO THE WEST SIDE OF A
PART OF LOT 9, ALL OF LOTS 10, 132 AND 14, 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 a part of Lot 9, all of Lots 10, 13,
and 14, in Dowell's Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition
to vacate an alley which is described as follows:
THE SOUTH 198 FEET OF A PLATTED 20 FOOT ALLEY LYING CONTIGUOUS TO
THE WEST SIDE OF A PART OF LOT 9, ALL OF LOTS 102 132 AND 14 IN
DOWELL'S ADDITION, TO THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
BEGINNING AT THE SW CORNER OF SAID LOT 14, THENCE NORTH 86DEG56'23"
WEST ALONG THE SOUTH END OF SAID ALLEY A DISTANCE OF 20 FEET;
THENCE NORTH 2DEG21'44" EAST ALONG THE WEST SIDE OF SAID ALLEY A
DISTANCE OF 198 FEET; THENCE SOUTH 86DEG56'23" EAST A DISTANCE OF 20
FEET; THENCE SOUTH 2DEG21'44" WEST ALONG THE EAST SIDE OF SAID
ALLEY A DISTANCE OF 198 FEET TO THE POINT OF BEGINNING, CONTAINING
31959 SQ. FT (0.09 ACRES), MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are the West side of a part of
Lot 9, all of Lots 10, 13, and 14 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
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 17-M day of (Y EC44 1933
'110MI KVOMAL, CRam
Printed Name
Signature
Q 1C-Fr L1
Printed Name
Si re
Minutes of Planning Commission
April 12, 1999
Page 6
VA99-5: VACATION
RNCIC-HILL, PP561
This item was submitted by Virginia Middleton on behalf of the Regional National Cemetery
Improvement Corporation for property located at 898 Hill Street. The property is zoned R-2,
Medium Density Residential, and A- 1 , Agricultural. The request is to vacate a portion of a 20
foot alley lying contiguous to the west side of a part of lot 9 and all of lots 10, 13 and 14 in
Dowell' s Addition.
Staff recommends approval of the alley vacation.
Public Comment
None.
Commission Discussion
MOTION
Mr. Odom made a motion to approve RZ99-5 .
Mr. Forney seconded the motion.
Roll Call
Upon roll call, the motion passed with a unanimous vote of 8-0-0.
