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Home My WebLink AboutOrdinance 4271 • • ord 4271 EX UEC EXHIBIT "A" EXHIBIT A lyse LEGAL DESCRIPTION FOR VA 00-7 Platted alley being a 10-foot strip of land located west of Lot 2, Block 42 in the City of Fayetteville, Washington County, Arkansas, Original Town of Fayetteville, more particularly described as follows: Beginning at the southwest comer of said Lot 2 and naming thence west 10 feet; thence north 162 feet; thence east 10 feet; thence south 162 feet to the point of beginning. M x M 2000086734 I, Kathloen Harn=3, CUCUIt ClOth end I!X-Officio Recordor for Washingtoh Cc! nty, Arkenns, do hereby certify that this instrument %vas fled for (Ocbrd In my office so indicst^tl horcon and the same is now duty recorded with the ecknowledgamont and certificate thereon In Record Book and Pago as indicated thereon. IN WITNESS WHEREOF, I have hereunto set my hand and affixed rhe coal of sald Court On the pate Indi- cated hereon. Kathleen Harf 9W Circuit ci an��OtfICIO Rr ti Ilea Platted alley being a 10-foot strip of land located west of Lot 2, Block 42 in the City of Fayetteville, Washington County, Arkansas, Original Town of Fayetteville, more particularly described as follows: Beginning at the Southwest corner of said Lot 2 and running thence West 10 feet; thence North 162 feet; thence East 10 feet; thence South 162 feet to the point of beginning. DESCRIPTION OF PROPERTY TO BE VACATED ORDINANCE NO. AN ORDINANCE APPROVING VA00-7.00 TO VACATE AND ABANDON A IU PORTION OF CITY RIGHT-OF-WAY LOCATED WEST OF LOT 2, BLOCK 42, ORIGINAL TOWN PLAT IN THE CITY OF FAYETTEVILLE, AS SUBMITTED BY JOHN PHILLIPS. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS, the City Council has determined that the following described right-of-way 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 of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described right- of-way: See Exhibit "A" attached hereto and made a part hereof. Section 2. That 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 day of 52000. APPROVED: By Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR VA 00-7 Platted alley being a 10-foot strip of land located west of Lot 2, Block 42 in the City of Fayetteville, Washington County, Arkansas, Original Town of Fayetteville, more particularly described as follows: Beginning at the southwest comer of said Lot 2 and running thence west 10 feet; thence north 162 feet; thence east 10 feet; thence south 162 feet to the point of beginning. AW NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials zv/71 00 • 0 PETITION TO VACATE AN ALLEY PETJ LOCATION : Adjacent to and West of 25 East Rock, a/k/a the Phillips Law Firm Building TO VY au TO : Fayetteville City and Planning Commission Fayetteville City Counsel We, the undersigned, being all of the owners of the real estate abutting the alley hereinafter sought to be abandoned and vacated, lying in Block 42 of the Original Town of Fayetteville, a municipal corporation, petition to vacate the alley which is described below: Platted alley being a 10-foot strip of land located west of Lot 2, Block 42 in the City of Fayetteville, Washington County, Arkansas, Original Town of Fayetteville, more particularly described as follows: Beginning at the Southwest corner of said Lot 2 and running thence West 10 feet; thence North 162 feet; thence East 10 feet; thence South 162 feet to the point of beginning. The abutting real estate affected by said abandonment of the alley is: Part of Lot 2, Block 42 in the City of Fayetteville, Washington County, Arkansas (Original Town of Fayetteville) more particularly described as beginning at the SW comer of said Lot 2 and running thence North 162' ; Thence East 36' ; thence South 162' ; thence West 36' to pob. (25 E. Rock). Part of Lots 3, 4 and 5 in Block 42 as shown in the original plat of the Original Town of Fayetteville, Arkansas being more particularly described as follows, to-wit: 41 '/< feet of equal and uniform width off of the East end of said lots. (Henry Eye Clinic Parking Lot) This alley has not been used by the City of Fayetteville for many years, if ever, 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 John Randall Phillips and Donna Phillips, husband and wife. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above-described alley, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the petitioners 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. ) 00 Planning Commission August 28, 2000 Page 2 Consent Agenda: Approval of minutes from the August 14, 2000 meeting. IVA C VA 00-7.00: Vacation (Phillips, pp 523) was submitted by John Phillips for property located ?-r west of lot 2 block 42 in the City of Fayetteville. The property is zoned C4, Downtown Commercial and contains approximately 0.37 acres. Odom: Good evening ladies and gentlemen. Welcome to the August 28, 2000 meeting of the Planning Commission. The first items we are going to cover tonight are the approval of the minutes of the August 14, 2000 meeting and then our Consent Agenda. Items that are on the Consent Agenda will be approved without discussion and we can pull an item off the Consent Agenda should a member of the audience or a member of the Planning Commission wishes to discuss those before voting on them. The only item we have on the Consent Agenda is Vacation 00-7.00 which was submitted by John Phillips for property located west of lot 2 block 42 in the City of Fayetteville. The property is zoned C-4, Downtown Commercial and contains approximately 0.37 acres and the request is to vacate a platted alley. That item will be approved unless any member of the audience or Planning Commission wishes to pull that for discussion. PUBLIC COMMENT Odom: Does anyone from the audience wish to pull that for discussion? COMMISSION DISCUSSION Odom: Does any member of the Planning Commission wish to pull that for discussion? Would you call the roll on the Consent Agenda? ROLL CALL: Upon roll call Consent Agenda passes on a vote of 8-0-0. ' • VA 00-7. 00 Page I PC Meeting of 28 Aug 00 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Alley vacation 113 W. Mountain St. Randall & Donna Phillips Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer ym DATE: August 24, 2000 Project: VA 00-07: Alley vacation as requested by Randall & Donna Phillips for property located at 25 East Rock Street, Lot 2 , Block 42, Original Town Plat of Fayetteville. The adjacent properties are zoned R-O, Residential Office . The request is to vacate only that portion of a 10' wide alley located west of Lot 2, Block 42 , Original Town Plat. 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 - Not applicable. Southwestern Electric Power Company - No objections . Arkansas Western Gas - No objections. SW Bell - No objections . Cox Communications - No objections . City of Fayetteville: Water/Sewer - No objections. Street Department - No objections. Solid Waste - No objections . The applicant has also submitted the required notification forms to the one adjacent property owner. The adjacent property owner is in support of the alley vacation "as long as an equitable distribution of the strip goes to our portion. . . . " Staff contacted the applicant and informed them that state law provided that upon a vacation of public land each abutting owner shall receive the vacated property to the center line of the street or alley abandoned. The applicant has agreed to splitting the vacated property with the adjacent property owner. • 1 1 PHILLIPS LAW FIRM DONNA PHILLIPS 25 EAST ROCK Phone: (501 ) 571 - 1000 uansad in nn.nsas, Missood & Oklahoma POST OFFICE Box 4444 Fax: (501 ) 527-6568 CANDY R. BURTON FAYETTEVILLE, AR 72702 Email: phillipslaw@lynks. com LiccmN in A kamas & Florida July 3, 2000 ATTN: PLANNING COMMISSION CITY ADMINISTRATION BUILDING Fayetteville, AR 72701 RE: Vacation of alley on Rock Street 111Zrc Dear Commission Members: J. Randall Phillips and I own the building on 25 East Rock known as the Phillips Law Firm Building. The building currently houses a law firm and a rental apartment to the rear. We are petitioning the City to abandon the alley easement located immediately west of this building. We need to replace our present 50-year old sewer line before it collapses. We have no other place to install a new sewer line except for cutting our paved parking lot in the front of the building. Additionally, there is a large elm tree with branches overhanging the building. The tree is full of mistletoe and it is only a matter of foreseeable time before the tree will have to be removed. Because the alley easement to be vacated is only 10 foot wide, we request consideration that the entire easement be granted to us for the following reasons: ( 1 ) the construction of a new sewer line; (2) we are already maintaining the property; and (3) it puts the elm tree within our control for damage control and removal; and (4) granting our request does not interfere with the Henry Eye Clinic use of their property. Thank you all for your consideration in this matter. Vel my yours, . Ranll Phil a Ilips DP/ss aff Philli s - Close Up I � . i � G4 114 G� I G3 ❑ G4 G� C-4 � G4 G-4 G4 G- I C,4 � G4 G4 C 4 ❑ C.4 G3 ROCK Alley to be Vacated — — — — — — -2 O G3 G3 G3 w R-0 ❑ ❑r I R-0 m r—R CSA RnO R E R-0 R ' I R-0R-0 / J R❑ ❑ R-0 / J ❑� R-0 CD `� I ❑} 0 R-0 R-0 Q uj ❑ � �] , atr Fn � SOUTH I �2 I [- i iV res (+9e)Sveets N aass FPZFWAOR Y/EXP SSWAY 100 0 100 200 300 Feet W E MNGPALARTERIAL Nmne.shp Re�one.shp . S VA00J Phillips One Mile Radius oil arm, ■■■■ �M',■��I NNW SIA ■�1, Imo■ •� � now all �i�■�a. . . � ,,,� i�;�L• ' ■ 1PNII�'' � 11POUP!F41,210 ley to be Vacatz NUNN=l��. May 15, 2000 To: Planning Commission From: orris and Ann Henry Property owr14ts of 204 S. East and L town of FaveYteville 42, original We do not object to the closing of the alley as long as an equitable distribution of the strip goes to our portion of what appears to be labeled 02135. ? The owner notified us of the closing. In talking with her at the location of the property, she stated it was their intent to ask for the entire alley. We do object to their taking the entire portion. • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM For the Fayetteville City Council meeting of September 19, 2000 FROM: Tim Conklin Planning Name Division Public Works Department ACTION REQUIRED: To approve an ordinance for VA 00-7, submitted by John Phillips for property located at 25 East Rock Street, Lot 2, Block 42 in the City of Fayetteville. The property is zoned C-4, Downtown Commercial and contains approximately 0.37 acres. The request is to vacate only that portion of a l0wide alley located west of Lot 2, Block 42, Original Town Plat. COST TO CITY: $0.00 Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used To Date Remaining Balance Program Name Fund BUDGET REVIEW: Budgeted Item _ Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: I Accoun g Ma a r Date Internal Auditor Date City Attorn y Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommen e approval and Planning Uommission unanimously voted 8-0- 0 to recommend approval and forward the vacation to the City Council. This item was heard as a part of the consent agenda on August 28, 2000. Datte Cross Reference New Item: Yes Date Date Prev Ord/Res #: Date Orig Contract Date: Date Orig Contract Number: TAi INVOICE NUMBER MAKE CHECKS FOR CLASSIFIED S PAYABLE TO O454O436 ADVERTISING CLASS j INS. I AMOUNT TOTAL AMOUNT DUE: Due [late: LQ12"'JO (1 AGATES I LINES I WORDS INCHES I ZONE EDITIONS OPERATOR . ; nay AD GIVEN BY PHONE 4: 'Z7q -24 INDEXING TERMS flOflTI4J4(n 41fl PM START DATE STOP DATE 1)3f17i0) 1O/17!C' (3 -- Cam..- -j_y-- -- • Win.+S Y\ Y a. `I� +G n2C� - •- —�- NORTHWEST I ARKANSAS TIMES P.O. BOX 1607 FAYETfEVILLE, AR 72702-1607 501.442.1700 To1i2U]11JOCIJq - 0351046C'] i:lt" of fa_'ettevilla I:EGALS I 113 W. Mountain E -ay etteuille, Alt 727131 RETURN THIS PORTION WITH PAYMENT { J 1 F5 Ct_ tz ll V CL STATE OF ARKANSAS • OCT 2 4 2000 County of Washington ss. ACCTG. DEr'T ORDINANCE NO. 4271 AN ORDINANCE APPROVING VAOO-7.00 TO VACATE AND ABANDON A PORTION OF THE ALLEY LOCATED AT 25 EAST ROCK STREET, AS RE- IEREAS, the City Council s the authority under A.C.A. 4-54-104 to vacate public tunds.or portions thereof ich are not required for cot - not re - COUNCIL OFTHE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City of Fayetteville, Arkansas hereby vacates and abandons the fol• - lowing described progeny locat- ed in Washington County. Ar- kansas: See Exltit W attachedhereto and made a part hereof: - sSeclibo2 mite -copy of this. Ordinance duly bertified by the • City Clerk shall be -filed In the :office ofthe Reccrder,of. the: :Ccunty.and recortletl•in;tfie� Deed Records of the County. PASSED AND APPROVED this 19th day of September, 2000. r.q.K , Lo -.:a •,.}. , APPROVED�;4 :,::f . By: Fred Hanna, Meyoirh2 ATTEST: . .,, • By: Heather,Wobdruff, City Clerk Pair ?O L'rSn. +d rl IXHIBIT'A" - LEGAL DESCRIPTION FOR j VA00.7 . ' :1 ' Platted alley being a 10 -foot strip of fend located west o1 -Lot; 2: Block 42 in the City of Fayet- teville, Washington County, Ar-• ' lanes, Original Town of Fayet- teviile, more particularly descd- ' bed as follows: Beginning at, the .southwest corner of said Lot 2 and running'.thence•west 101 feet; thence north 162 feet; thence east 10 feet; thence south 162 feet to the point -of beginning. - Total .................... 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, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an 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 price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further certify "t the legal notice attached in the matter of was published in the regular daily issue of said newspaper for / consecutive insertions as follows• �/ /��/� The first insertion on the ! J(. / "� day of 20 the second insertion on the day of 20 — the third insertion on the day of 20 — the fourth insertion on thEAj 0 her/G Manager Sworn to and subscribed before me on this day of .;k:°"°' Notary Public /0 My Commission Expires: ^' '' Feesfor Printing....................................................... Costof Proof..... ........................................................ ....$ r ORDINANCE NO. 4271 FILED FOR RECORD 00 OCT 13 P11 3 08 _WASHINGTON CO AR K. HARNESS AN ORDINANCE APPROVING VA00-7.00 TO VACATE AND ABANDON A PORTION OF THE ALLEY LOCATED AT 25 EAST ROCK STREET, AS REQUESTED BY JOHN PHILLIPS IN VA00-7. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof 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: Section 1. That the City of Fayetteville, Arkansas hereby vacates and abandons the following described property located in Washington County, Arkansas: See Exhibit "A" attached hereto and made a part hereof. Section 2. That 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 19th day of September , 2000. IPYEIp C. ATTEST: ^'`6, By Heather Woodruff, City rk APPROVED: By red Hanna, Mayor 2000086733