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HomeMy WebLinkAboutOrdinance 4390 ORDINANCE NO. 4390 AN ORDINANCE APPROVING VA02-2.00 TO VACATE AND ABANDON A 30' WIDE PORTION OF THE UNIMPROVED PRICE AVENUE RIGHT-OF-WAY ADJACENT TO LOTS 3 AND 4, BLOCK 2, PARKSDALE ADDITION, CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 the 7`h day of May, 2002. APPROVED : o Ql Z tTt By. DAN COODY, Mayor ICE� k.0 c) v o ruff, City ClWV 2G ,� ^ � iz59 E • • Ord , 4390 v EXHIBIT "A" A PART OF PRICE AVENUE (NOT CONSTRUCTED) IN THE PARKSDALE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PRATICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A PINT WHICH IS S89°48 ' 50"W 220.00 FEET FROM THE NORTHEAST CORNER OF LOT 1 , BLOCK 2, IN PARKSDALE ADDITION AND RUNNING THENCE S 33056'59"E 213.84 FEET, THENCE S 89030116"W 36.38 FEET, THENCE N3305615919E 212.96 FEET, THENCE N89000'29"E 36.60 FEET TO THE POINT OF BEGINNING CONTAINING 0. 15 ACRES MORE OR LESS . 2002 71370 I, Bette Stamps, Circuit Clerk and Ex-officio Recorder for Washington County, Arkansas, do hereby cervy that this Instrument was filed for record in my office as indicated hereon and the same Is now duly 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 :he date ndi- cated hereon. Bette Stamps Cir ft Cler a d Ex-officio Recorder b NAME OF FILE: Ordinance No. 4390 CROSS REFERENCE: 05/07/02 Ordinance No. 4390 Exhibit "A" (Legal Description)(VA02-2.00) 04/04/02 Memo to Fayetteville Planning Commission Members thru Tim Conklin, City Planner, and Sara Edwards, Associate Planner, from Ron Petrie, Staff Engineer 04/08/02 Planning Commission Minutes (Pages 26 & 27) 05/07/02 Staff Review Form 05/08/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk 05/18/02 Statement of Legal Advertising from Arkansas Democrat Gazette NOTES : 0 0 ORDINANCE NO, AN ORDINANCE APPROVING VA02-2.00 TO VACATE AND ABANDON A 30' WIDE PORTION OF THE UNIMPROVED PRICE AVENUE RIGHT-OF- WAY ADJACENT TO LOTS 3 AND 4, BLOCK 2, PARKSDALE ADDITION, CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 92002. APPROVED: By Dan Coody, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" A PART OF PRICE AVENUE (NOT CONSTRUCTED) IN THE PARKSDALE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PRATICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A PINT WHICH IS S89°48' 50"W 220.00 FEET FROM THE NORTHEAST CORNER OF LOT 1 , BLOCK 2, IN PARKSDALE ADDITION AND RUNNING THENCE S 33056'5911E 213.84 FEET, THENCE S 89030' 16"W 36.38 FEET, THENCE N33056159"E 212.96 FEET, THENCE N89000'29"E 36.60 FEET TO THE POINT OF BEGINNING CONTAINING 0. 15 ACRES MORE OR LESS. 0 VA 02-02. 00 Page 1 PC Meeting of 8 April 02 e FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Street Right of Way Vacation 113 W. Mountain St. Greg Brockman Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner Sara Edwards, Associate Planner FROM: Ron Petrie, Staff Engineer DATE: April 4, 2002 Project: VA 02-02.00: Vacation (GregBrockman, pp 600) was submitted by Greg Brockman for property located north ofFifteenth Street and west ofDuncan Street, Lots 3 & 4, Block 2, Parksdale Addition. The request is to vacate a 30' wide portion of the unimproved Price Avenue right-of-way adjacent to the afore mentioned lots. See the attached maps and legal descriptions for the exact locations of the requested alley vacation. No objections from the adjacent property owners have been submitted to the City. 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 information found in file. 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 the proposed street vacation with the following condition: 1 . Approval shall be granted from the Arkansas Western Gas Company prior to forwarding the request to the City Council. VA 02-02.00 Page 2 PLANNING COMMISSION ACTION: -yes_Required Approved Denied Date: 04/08/02 Comments: CITY COUNCIL ACTION: ves Required Approved Denied Date: / / VACO2-2.00 1 ; R , xm— guem • • �� �=`I�I`� r� / IIII � �,� ora _ -, z_ 1 = Illla\ ��` •� �_ d-31441 " ( � nu �II asillift� O_ 1111-1�dA> IIIA IC�I �1;'1��� w v�i�ii i ii i ■ —�sii�i Ill�gu 411111'llllllllllll 111111 n111111111111111� II. 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'• -p== � l�wi ctanezr ` 1 ■•� `",,,,,• EVE - 7.ni.Jl.� ■■■�■■J7�I �� II ,•• MOM eae n� � rips,i ! w- 0 Legend Boundary PlanningArea Master Street Plan ....:..... ! . . . . . . . , 1 verlay istri "'41teep, Principal Arterial Streets 1 � ■ OutsideExisting City Limits 4sapOsse, Minor �arinl Planned 10041ae Historic Collect" 0 0. 1 0.2 0.4 1 . 1 M � `'A BROCKMAN Closee Up Up Vi Vieww PRIVATE OR p 9y In > By qFj /q PRIVATE DR �F I-2 R-2 PRIVATE DR R.p 1-T a b EJ . �, � ..� ❑ SUBJECT PROPERTY [� P _W o O R.z 0 R-2 Q WALKER sr M P WALKER ST d� R2 a O R-1 Overview Legend Boundary _ Subject Property (--� I Planning Area Master Street Plan vy —� VACO2-2.000000000 ��� Freeway/Ezprearway vV 0 0 Overlay DistriC 0000000 %o Principal Arterial .Ij:—I n� Streets I I Ci Limits City riOS�q Minor Arterial ."7 . r p Ezisting —1 � � Ca11M[Of Planned Outside City ' I 40ew4 Historic Collector 0 87.5 175 350 525 700 Fe t Planning Commission . . April 8, 2002 Page 26 • VAC 02-2.00: Vacation (Brockman, pp 600) was submitted by Greg Brockman for property located south of 15'' Street on Price Avenue. The property is zoned R-2, Medium Density Residential and contains approximately 0. 15 acres. The request is to vacate east half of Price Avenue south of 150' Street. Hoffman: The last item on our agenda tonight is a Vacation request, VAC 02-2.00 for Greg Brockman, which was submitted by Mr. Brockman for property located south of 15`h Street on Price Avenue. The property is zoned R-2, Medium Density Residential and contains approximately 0. 15 acres. The request is to vacate east half of Price Avenue south of 15`s Street. See the attached maps and legal descriptions for exact alley location. There were no objections from adjacent property owners submitted to the city. Is the applicant here? It looks like we have one condition of approval. Conklin: There is one condition of approval. We did not receive the Arkansas Western Gas approval form. However, we are recommending approving the vacation at this time subject to them getting that approval. One other bit of information, we did vacate the other half of this right-of-way in 2000 adjacent back to the west. Half of the right-of-way was already vacated. Hoffman: That was done by the City? • Conklin: Yes, by the City of Fayetteville. Hoffman: Should this vacation be approved at this level I believe it also goes to City Council? Conklin: That is correct. Hoffman: Yes, are you Mr. Brockman? Brockman: Yes, I am here to answer any questions. Hoffman: Is there any public comment concerning this vacation? Seeing none, I will bring it back to the Commission for comments or motions. Motion: Ward: I will go ahead and move that we approve 02-02 for Greg Brockman. Hoffman: I have a motion by Commissioner Ward. Church: I will second it. • Hoffman: I have a second by Commissioner Church, are there any further comments? Planning Commission April 8, 2002 Page 27 • Roll Call: Upon completion of roll call the motion to approve VAC 02-02 was approved by a vote of 6-0-0. Hoffman: The motion approves unanimously. Thank you very much. That concludes our agenda for this evening. Tim, do we have any announcements? Conklin: I just want to make sure everybody understands why we only have six members on the Commission this evening. The terms did expire for three of our members. City Council tabled the nominations at the Council and therefore, their terms were expired and you only have six official members on the Commission. Hopefully at the next City Council meeting they will make their decision on the terms of the next three members of the Planning Commission. We are having an Impact Fee Stakeholders Committee meeting tomorrow from 1 :00 to 4:00 in room 326. We are meeting with the Mill District Neighborhood for the zoning study Wednesday at 7:00 in room 111 . We are planning a development review process workshop on April 25` ' at Genesis from 8 :00 a.m. to 12:00 p.m. to talk about the development review process in Fayetteville and will be inviting architects, engineers, surveyors, and other interested parties to talk about the development review process and go over our revised development manual and have a question and answer session. Also, this • Friday Tree and Trails Task Force will be meeting and we are getting very close to making recommendations with regard to open space acquisition of land. The last thing is the Dandy/Schmitt Large Scale Development was appealed to City Council. At this time it is scheduled for the April 16`" City Council meeting, it may be asked to be postponed until the May 7`h City Council meeting but at this time it is on the Council for the 160'. That is all that I have. Hoffman: I have a question about our schedule and I assume this is posted on the website. You just went through lots of meetings so I just want to make sure everybody, are these posted on the city's website or can they call the Planning Division people? Conklin: It is posted on the meetings of the week and that information is available at the City. With regard to impact fees, we have placed the final study on our website, accessfayetteville.org. That study can be downloaded. In the future, as we further develop our website more information will be available. Hoffman: Thanks Tim. Is there any other business before us? Seeing none, we are adjourned, thank you. • Meeting adjourned: 6:46 p.m.