HomeMy WebLinkAboutOrdinance 4273 ORDINANCE NO, 4273
AN ORDINANCE APPROVING VA00-8.00 TO VACATE A
PORTION OF THE UN-CONSTRUCTED STREET RIGHT-OF- o
WAY FOR PRICE AVENUE LOCATED AT 927 WEST 15r" r o ^
a
STREET, AS SUBMITTED BY PAUL REYNOLDS, ATTORNEY, M
AT LAW, ON BEHALF OF THE ESTATE OF CHRISTINE- o
STARMER, ARLAN STARMER, EXECUTOR. ca o
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v
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104%to �3cate publi T
grounds or portions thereof which are not required for corporate purposes, and "' ` ' o
f - v
WHEREAS, the City Council has determined that the following described right-ot-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 3' day of October , 2000.
APPROVED-
Fred Hanna, Mayor
ATTEST:
By: 990 ZIA .
Bather Woodruff, City C
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2000086736
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EXHIBIT "A" EXHIBIT A
LEGAL DESCRIPTION FOR VA 00-8
A part of Price Avenue (not constructed) in the Parksdale Addition to the City of
Fayetteville, Arkansas, being more particularly described as follows:
Beginning at a set iron at the NE corner of Lot numbered one (1 ) in Block numbered
three (3) in said Parksdale Addition, said point being the intersection of the South
right-of-way of 15th Street (as now exists) and the West right-of-way of Price
Avenue; thence N89°00'29"E along the South right-of-way of 15`" Street 36.60 feet
to the center of Price Avenue; thence S33 °56'59"W along the center of Price Avenue
212.96 feet; thence S89'30' 16"W 36.38 feet to the set iron at the SE comer of said
Lot one (1 ), said point being the intersection of the center of a closed alley and the
West right-of-way of Price Avenue; thence N33 ° 56'59"E 212.57 feet to the point of
beginning.
M
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2000086737
I, Kathleen Hanraee, Clrult Clork and Ex-officio
Recorder for Washington County, Arkansas, do hereby
certify that this Instrument was filed for record in my
office as indicated hereon and the same is now duty
recorded with the acknowledgement and certificate
thereon in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date Indi-
cated hereon.
Kathleen Harness
Clrcui qwk and Ex-officio Recorder
b4 � //
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
4-od
r
ORDINANCE NO.
AN ORDINANCE APPROVING VA00-8.00 TO
VACATE A PORTION OF THE UN-
CONSTRUCTED STREET RIGHT-OF-WAY
FOR PRICE AVENUE LOCATED AT 927 WEST
15TH STREET, AS SUBMITTED BY PAUL
REYNOLDS, ATTORNEY AT LAW ON BEHALF
OF CHRISTINE STARMER, ESTATE OF ARLAN
STARMER.
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 2000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR VA 00-8
A part of Price Avenue (not constructed) in the Parksdale Addition to the City of Fayetteville,
Arkansas, being more particularly described as follows:
Beginning at a set iron at the NE corner of Lot numbered one ( 1 ) in Block numbered three (3) in
said Parksdale Addition, said point being the intersection of the South right-of-way of 15`h Street
(as now exists) and the West right-of-way of Price Avenue; thence N89°00'29"E along the South
right-of-way of 15t1 Street 36.60 feet to the center of Price Avenue; thence S33°56'59"W along
the center of Price Avenue 212.96 feet; thence S89°30' 16"W 36.38 feet to the set iron at the SE
corner of said Lot one ( 1 ), said point being the intersection of the center of a closed alley and the
West right-of-way of Price Avenue; thence N33°56'59"E 212.57 feet to the point of beginning.
State of OREGON
County of LINK Oou�
ATT
Limited Power Of Attorney
1, Arlan Starmer, of 39141 Golden Valley Dr., Lebanon, Oregon, acting as Executor of
the Estate of Christine Starmer, do make, constitute and appoint Paul D. Reynolds of 215 N . East
Ave., P.O. Box 4670, Fayetteville, Arkansas, my true and lawful attorney-in-fact, in my name,
place and stead to act on my behalf and execute all documents necessary to secure the release of a
street right-of-way located adjacent to the real property belonging to the Estate known as 927
West 15`h Street. Fayetteville, Arkansas. The specific legal description of the street right of way
is as follows:
A part of Price Avenue (not constructed) in the Parksdale Addition to the City of Fayetteville,
Arkansas, being more particularly described as follows: beginning at a set iron at the NE comer
of Lot numbered one ( 1 ) in Block numbered three (3) in said Parksdale Addition, said point
being the intersection of the South right-of-way of 15`h Street (as now exists) and the West right-
of-way of Price Avenue; thence N89°00' 29"E along the South right-of-way of 15`h Street 36.60
feet to the center of Price Avenue; thence S33056' 59"W along the center of Price Avenue 212 .96
feet; thence S89°30' 16"W 36.38 feet to the set iron at the SE corner of said Lot one ( 1 ), said
point being the intersection of the center of a closed alley and the West right-of-way of Price
Avenue; thence N33°56' 59"E 212.57 feet to the point of beginning.
Date: Mav 22nd , , 2000.
Arlan Starmer, Executor of the
Estate of Chrs'ine Starmer
Before me the undersigned Notary Public did appear Arlan Starmer whose identity was
satisfactorily proven to me, and in my presence he did sign and execute this document on this
22nd day of May , 2000. /
Nota Public
My commission expires: 2-02-03
KIMBERLY J NELSON
NOTARY PUBLIC - OREGON
COMMISSION NO. 320298
MY COMMISSION EXPIRES FEB. 2, 2003
PETITION TO VACATE A STREET LOCATED
IN LOT 1 , BLOCK 3, PARKSDALE ADDITION,
CITY OF FAYETTEVILLE, ARKANSAS
Pte=
T
TO: The Fayetteville City Planning Commission and ✓9CH
The Fayetteville City Council
I, the undersigned, being the owner of the real estate abutting the street hereinafter sought
to be abandoned and vacated, lying in lot 1 , block 3, Parksdale Addition in the City of
Fayetteville,Arkansas, a municipal corporation, petition to vacate a right-of-way which is
described as follows:
Proposed Street Vacation
A part of Price Avenue (not constructed) in the Parksdale Addition to the City of
Fayetteville, Arkansas, being more particularly described as follows: beginning at
a set iron at the NE comer of Lot numbered one (1 ) in Block numbered three (3)
in said Parksdale Addition, said point being the intersection of the South right-of-
way of 15th Street (as now exists) and the West right-of-way of Price Avenue;
thence N89°00'29"E along the South right-of-way of 15a' Street 36.60 feet to the
center of Price Avenue; thence S33°56' 59"W along the center of Price Avenue
212.96 feet; thence S89°30' 16"W 36.38 feet to the set iron at the SE comer of
said Lot one (1 ), said point being the intersection of the center of a closed alley
and the West right-of-way of Price Avenue; thence N33056' 59"E 212. 57 feet to
the point of beginning.
That the abutting real estate affected by said abandonment of the alley are lot 4 block 2 of
the Parksdale Addition to the City of Fayetteville, which has not ever 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 right-of-way.
The petitioner prays 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 her respective benefit
and purpose as now approved by law.
The petitioner further prays 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 street.
DATED this 0.1 day of lips, 2000.
Estate of
Christine Starmer
By 4106 /DD
112
Paul R. Reynolds
Attorney at Law
P.O. Box 4670
Fayetteville, AR 72702
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON )
On this e-1 day of t 2000, before me, a notary public, personally
appeared Paul R. Reynolds, his identity satisfactorily proven, and he acknowledged that he
executed the foregoing document for the purposes herein set forth.
In witness whereof I hereunto set my hand and offigall seal.
Notary Public
M commission expires
OFFICIAL SEAL
MELISA RENE NICKELL
NOTARY PUBLIC - ARKANSAS
WASHINGTON COUNTY
MY COMMISSION EXPIRES: 04-05-2006
2
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on September 11 , 2000 at
5 :30 p.m. in Room 219 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS CONSIDERED ACTION TAKEN Pla
VA 00-8.00 Vacation (Starmer, pp 600) Forwarded CO
Page 2
CU 00- 18.00 Conditional Use
(St. Joseph Catholic Church, pp 373) Approved
Page 3
LSD 00-22.00 Large Scale Development
(St. Joseph Catholic Church, pp 373) Approved
Page 10
CU 00-20.00 Conditional Use (Coffey, pp 565) Approved
Page 17
CU 00-23 .00 Conditional Use (Lake Hills Church, pp 255) Approved
Page 21
MEMBERS PRESENT MEMBERS ABSENT
Nancy Allen
Don Bunch
Bob Estes
Conrad Odom
Loren Shackelford
Lee Ward
Sharon Hoover
Lorel Hoffman
Don Marr
STAFF PRESENT STAFF ABSENT
Tim Conklin
Dawn Warrick
Sheri Metheney
Ron Petrie
r
Planning Commission
September 11 , 2000
Page 2
Consent Agenda:
Approval of minutes from the August 28, 2000 meeting.
VA 00-8.00: Vacation (Starmer, pp 600) was submitted by Paul Reynolds, Attorney at Law on
behalf of Christine Starmer, Estate of Arlan Starmer for property located at 927 W. 15th Street.
The property is zoned R-2, Medium Density Residential and contains approximately 0.29 acres.
The request is to vacate a portion of the unconstructed street right-of-way for Price Avenue.
Odom: Welcome everyone to the September 11 , 2000, meeting of the Planning
Commission. The first thing we are going to go over tonight is the Consent
Agenda. These are items that will be approved, without discussion, unless a
member of the audience or a member of the Planning Commission wishes to pull
them for discussion. We have two items on tonight's Consent Agenda. The first
item is the approval of the minutes of the August 28, 2000, meeting and the
second item is a vacation. Is that right, Tim? That's the only other item. Is that
right?
Conklin: That is correct.
Odom: That vacation is VA 00-8.00 and that was submitted by Paul Reynolds, Attorney
at Law on behalf of Christine Starmer, Estate of Arlan Starmer for property
located at 927 W. 15' Street. The property is zoned R-2, Medium Density
Residential and contains approximately 0.29 acres. The request is to vacate a
portion of the unconstructed street right-of-way for Price Avenue. That's the only
item that we have on tonight's Consent Agenda.
PUBLIC COMMENT
Odom: Does any member of the audience wish to pull that item from the Consent for
discussion. Seeing none, I guess you are all here about something else.
COMMISSION DISCUSSION
Odom: Is there a member of the Planning Commission that wishes to pull either of those
items for discussion? Seeing none, would you call the roll?
ROLL CALL:
Upon roll call, the Consent Agenda passes on a vote of 9-0-0
• • VA 00-08. 00
Page 1
PC Meeting of 11 September 00
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Street Right of Way Vacation
113 W. Mountain St. Arlan Starmer Estate
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: September 7, 2000
Project: VA 00-08.00: Vacation (Arlan Starmer Estate, pp 600) was submitted by Paul
Reynolds for property located at 927 West 15i° Street, Lot 1 , Block 3 , Parksdale Addition. The
request is to vacate the western half of the Price Avenue right of way to the east of the applicant's
property . See the attached maps and legal descriptions for exact dimensions for the requested
right-of-way vacation.
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.
Recommendation: Approval of street right of way vacation.
PLANNING COMMISSION ACTION: yes Required
X Approved Denied
Date: 9/11/00