HomeMy WebLinkAboutOrdinance 4271 • • ord 4271
EX
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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.
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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
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Philli s - Close Up
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