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
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v o ruff, City ClWV
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• • 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
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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.