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HomeMy WebLinkAboutOrdinance 4465 ORDINANCE NO. 4465 zk AN ORDINANCE APPROVING VAC 03-2.00 TO VACATE AND ABANDON HARMON AVENUE BETWEEN FAIRVIEW STREET AND WILLIAM STREET AND THE ALLEYS WEST OF HARMON AVENUE AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, the City Council of the City of Fayetteville, Arkansas has the authority under A.C.A.§ 14-301 -301 to vacate dedicated public streets and alleys where all property abutting any street or alley is owned by an educational institution or college; and, WHEREAS, the City Council of the City of Fayetteville, Arkansas has determined that the following described dedicated streets and alleys do fully abut property owned by the University of Arkansas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council of 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 street right of way: See Exhibit "A" attached hereto and made a part hereof. Section 2. That this vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendation as described in Exhibit "B" attached hereto and made a part hereof. Section 3 . 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 18`h day of February, 2003 . APPROV By: DAN COODY, MaAr ATTEST: �,, , , IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIII By: � Sondra Smith, Coe ID ' 004357950003 TV00 : REL ity Clerk Feeorded : 03/07/2003 at 10 . 45 . 32 An Fee Amt : 814 . 00 Pace 1 of 3 Weshlneton County . AR Bette 5circuit clerk Flle 003-00015854 EXHIBIT "A" VAC 03-2,00 THREE HUNDRED FIFTY-SIX FEET (3561) OF HARMON AVENUE LYING SOUTH OF WILLIAM STREET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF HARMON AVENUE LYING EAST OF LOTS 13 AND 19 OF SHREVE'S ADDITION; AND ALL OF HARMON AVENUE LYING WEST OF LOTS 11 AND 12 IN BLOCK 3 OF I.W. DUNCAN'S ADDITION. ALSO, ALL OF A 16 FOOT ALLEY ALONG THE SOUTH SIDE OF LOT 19 OF SHREVE'S ADDITION, LYING BETWEEN BUCHANAN AVENUE AND HARMON AVENUE; AND ALL OF A 12 FOOT ALLEY ALONG THE NORTH SIDE OF LOT 19 OF SHREVE'S ADDITION, LYING BETWEEN BUCHANAN AVENUE AND HARMON AVENUE. EXHIBIT `B" Street Department No Objections Solid Waste No Objections Engineering No Objections — See Conditions of Approval Recommendation : Approval of the proposed right-of-way and alley vacation 03-2.00 subject to the following conditions: Conditions of Approval: 1 . The water line on Harmon must be replaced with a 12" main (per the University's identified requirements) along the future Buchanan Avenue between William and Fairview. 2. The water line on Duncan along the entire front of the property must be replaced with a new 8" or larger main. This main must have a steel encasement under the footing for any large construction crane. 3 . A new 8" water main shall be installed from Duncan west to the dead end 6" PVC main on William. 4. New sewer mains in the size of 8" or 12" (as needed for current and possible future buildings) must be installed to provide service to any current or future structures which are or would be served by the currently existing sewer mains. These mains must run to each lot or parcel requiring service. 5 . All water and sewer mains shall meet City of Fayetteville specifications, go through the City Engineer's review, approval and inspection process, and must be approved by the Arkansas Department of Health Division of Engineering. 6. All mains which are or may in the future be City owned mains shall have easements which meet the City's easement requirements. 7. Water valves shall be installed at any current or future transition of ownership points. 8. The construction of the new roadway and the parking deck in this area shall be in accordance with the current City of Fayetteville drainage, grading and street requirements. The plans shall be submitted for review and approval by the City' s Engineering Division prior to construction. 9. Fire hydrants installed per the fire code. PLANNING COMMISSION ACTION: Yes Required X Approved _ Denied Date: January 27, 2003 Comments: Planning Commission added condition number 9. CITY COUNCIL ACTION: Yes Required _Approved _ Denied Date:-/-/ m m�� amo � nO w0 J'.O J� Q \ 00 �w 3C1 JC ti y m� Q JO fo NAME OF FILE: Ordinance No. 4465 CROSS REFERENCE: Item # Date Document 1 02/18/03 10rd. 4465 w/Ex. "A" 2 02/04/03 Staff Review Form w/attachments: draft ordinance copy of 1 /23/03 memo to Planning Commission w/attachments copy of Planning Commission minutes pertaining to subject property copy of Petition to Vacate copy of vacation request copy of vacation plat 3 02/25/03 memo to Tim Conklin 4 03/03/03 Affidavit of Publication from NW Ark. Gazette NOTES : NORT14WEST ARKANSA EDITION Arkansas Democrat 70 05aze& RECEIVED MAR 0 4 2003 CITY OF FAYETTEVILLE AFFIDAVIT OF PUBLICATION CLERK'S OFFICE do solemnly swear that I am Legaf Clerk of ihe Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , the advertisement of: /7 � was inserted in the regular editions on ** Publication Charge : $ /L5/ (?�o Subscribed and swom to before me this l ) day of �,A 01 ' 2003. ORDINANCE NO, 4065 AN ORDNANCE APPROVING VAC 03-2.00 TO VACATE AND ABANDON HARMON AVENUE BETWEEN FAIRVIEW STREET _ AND WILLIAM STREET AND THE ALLEYS WEST OF HARMON ICA A AVENUE AS DEPICTED ON THE ATTACHED MAP AND LEGAL Notary Public DESCRIPTION cRy of Fay~Ue WHEREAS. the City Co icil of the Qty of Fayetteville, Arkansas has the aatbcdty uMer AC.A.§14-301; 301 to vacate dedicated WING streets and SRI where ell property ebuttug arry street a afie/.IS'ow+red MC }q/� res: by an edu til Institution or cdlop: and, y ` TIN Ia WHEREAS, the Oty Candi of the City of Fayetteville, Arkansas has detennlnod that tne following TAMMY ALLEN desalted dedicated Streets ars alleys do fully abut property owned by the University of AKengoe. Notary Pubic-Arkansas NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLEI " P ease 2ltS` To rl MM9 CiOM SBL4bn 1. That ane City Court of the City of Fayetteville, Arkansas hereby vacates end abandons nil of,, . A 1 sS rOM together wtth the rights of me pLlc 9enoray. H aro to ma foII deaaroad Street dpht of way: See E)CHM 'A' attached hereto end inede a pert hereof. Section 2. That INS vacation approval Is subject to the conaidons of approJ listed In Aha Stell report arW Planning Commission recommendation as described In ExNblt *B' attached hereto and made a pari hereof. Section 3. That a copy of the Ordnance dray ceNfieo by the City Clerk shell be filed h the office of the Reorder of the County end recorded in the Deed Records of Sia Caelfy. PASSED and APPROVED Cas the 18th oat of February, 2003, APPROVED: I DAN COODY, Maya II ATTEST: By: Satire Snyth, City Clerk EXHIBIT VAC 03-2.00 THREE HUNDRED FIFTY-SIX FEET (3587 OF HARMON AVENUE LYING SOUTH OF WIWAM STREET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF HARMON AVENUE LYING FAST OF LOTS 13 AND 19 OF SHREVE'S ADDITION; AND ALL OF HARMON AVENUE LYING WEST OF LOTS 11 AND 12 W BLOCK 3 OF I.W. DUNCAN'S ADDITION, ALSO, ALL OF A 16 FOOT ALLEY ALONG THE SOUTH SIDE OF LOT 19 OF SHREVE'S ADDITION, LYING BETWEEN BUCHANAN AVENUE AND HARMON AVENUE; AND ALL OF A 12 FOOT ALLEY ALONG THE NORTH SIDE OF LOT 18 OF SHREVE'S ADDITION, LYING BETWEEN BUCHANAN AVENUE AND HARMON AVENUE. 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYErrtvlLLt, AHiCfiNSAJ IfZIUZ • (Wl ) 442-17UU FAYETTE'ft LLE THE CITY OF FAYETTEVIEEE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Director Community Planning & Engineering Services From: Clarice Buffalohead-Pearman City Clerk's Division Date: February 25, 2003 Re: Ord. No. 4465 Attached is a copy of Ordinance No. 4465 passed by the City Council February 18, 2003, approving VAC 03-2.00 to vacate and abandon Harmon Avenue between Fairview Street and William Street and the alleys west of Harmon Avenue. This ordinance will be microfilmed and filed in the Fayetteville City Clerk's office, and filed with the Washington County Clerk. cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of February 18 , 2003 . FROM : Tim Conklin , Director Community Planning and Engineering Services Name Division Department ACTION REQUESTED : To approve an ordinance for VA 03- 2 . 00 as submitted by Gary Coover of McClelland Consulting Engineers on behalf of James Ezell of the University of Arkansas for property located north of Fairview Street on Harmon Avenue and alleys west of Harmon Avenue , Fayetteville , Arkansas . The request is to vacate Harmon Avenue between Fairview Street and William Street and the alleys , west of Harmon Avenue . COST TO CITY : $ 0 Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Chief Administrative Officer CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY : cc�{nting Van er D to ADA Coordinator Date City ttorney ate Internal Auditor Date ` Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on January 27 , 2003 the Planning Commission voted 7 -0- 0 to recommend the Vacation be approved by the City Council . Cross Reference Division Head Date Dep me ' rector Date New Item : Yes No Z-3-v Chl6pAdmflnist ative Date Prev Ord/Res# : Off Ma r- a Orig Contract Date : ORDINANCE NO. AN ORDINANCE APPROVING VAC 03-2.00 TO VACATE AND ABANDON HARMON AVENUE BETWEEN FAIRVIEW STREET AND WILLIAM STREET AND THE ALLEYS WEST OF HARMON AVENUE AS DEPICTED _ ON THE ATTACHED MAP AND LEGAL DESCRIPTION. WHEREAS, the City Council has the authority under A.C.A. §L454- 104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS, the City Council has determined that the�Jl widescribed right of way is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THECITY UNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: \ Section 1 . That the City of Fayetteville, Arkansas Lereyvacates and abandons all of its rights together with the rights of the public generally, in and`to the following described street right of way: `� See Exhibit "A" attached hereto and mmaade�apartthhereof. Section 2. That.thts Vacation app\ ubject toe conditions of approval listed in the staff report and Planting Commission recommendation as described in Exhibit `B" attached hereto and made a part,hereof. Section 3.- ., Th\�pau,y ofthis Or in/ce duly certified by the City Clerk shall be filed in the o'ffice-o the Re\rder` O the Coun and recorded in the Deed Records of the County. /PrASSED AND APPROVED,this day of 12003 . APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 03-2.00 THREE HUNDRED FIFTY-SIX FEET (3569) OF HARMON AVENUE LYING SOUTH OF WILLIAM STREET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : ALL OF HARMON AVENUE LYING EAST OF LOTS 13 AND 19 OF SHREVE' S ADDITION; AND ALL OF HARMON AVENUE LYING WEST OF LOTS 11 AND 12 IN BLOCK 3 OF I.W. DUNCAN' S ADDITION. ALSO, ALL OF A 16 FOOT ALLEY ALONG THE SOUTH SIDE `OF LOT 19 OF SHREVE'S ADDITION, LYING BETWEEN BUCHANAN AVENUE AND.HARMON AVENUE; AND ALL OF A 12 FOOT ALLEY ALONG THE NORTH SIDE OF\LOT 19 OF SHREVE'S ADDITION, LYING BETWEEN BUCHANAN AVENUE\AND HARMON,AVENUE. • • . VAC 03-02. 00 Page I PC Meeting of January 27, 2003 FAYETTEVILLE , THE CITY OF FAYETTEVILLE, ARKANSAS Harmon Street Vacation 113 w. Mountain St. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner, A.I.C.P. FROM: Sara Edwards, Associate Planner Matt Casey P.E. Staff Engineer DATE: January 23, 2003 Project: VAC 03-2.00: Vacation (U of A (Harmon), pp 483) was submitted by Gary Coover of McClelland Consulting Engineers on behalf of James Ezell of University of Arkansas for property north of Fairview Street on Harmon Avenue and alleys west of Hannon Avenue. The property is zoned R-3, High Density Residential and contains approximately 0.48 acres. The request is to vacate Harmon Avenue between Fairview Street & William Street and the alleys west of Harmon Avenue. Findings: See the attached maps and legal descriptions for the exact locations of the requested right-of-way 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: UTILITIES RESPONSE Ozarks Electric NA Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections SW Bell No Objections. Any damage to or relocation of existing facilities will be at the owners expense. Cox Communications No Objections. Any damage to or relocation of existing facilities will be at the owners expense. City of Fayetteville: Water/Sewer See Conditions of Approval " g, X � ib1t VAC 03-02. 00 Page 2 Street Department No Objections Solid Waste No Objections Engineering No objections. See Conditions of Approval Recommendation: Approval of the proposed right-of-way and alley vacation 03-2.00 subject to the following conditions. Conditions of Approval: 1 . The water line on Harmon must be replaced with a 12" main (per the University's identified requirements) along the future Buchanan Avenue between William and Fairview. 2. The water line on Duncan along the entire front of the property must be replaced with a new 8" or larger main. This main must have a steel encasement under the footing for any large construction crane. 3 . A new 8" water main shall be installed from Duncan west to the dead end 6" PVC main on William. 4. New sewer mains in the size of 8" or 12" (as needed for current and possible future buildings) must be installed to provide service to any current or future structures which are or would be served by the currently existing sewer mains. These mains must run to each lot or parcel requiring service. 5. All water and sewer mains shall meet City of Fayetteville specifications, go through the City Engineer's review, approval and inspection process, and must be approved by the Arkansas Department of Health Division of Engineering. 6. All mains which are or may in the future be City owned mains shall have easements which meet the City's easement requirements. 7. Water valves shall be installed at any current or future transition of ownership points. 8. The construction of the new roadway and the parking deck in this area shall be in accordance with the current City of Fayetteville drainage, grading and street requirements. The plans shall be submitted for review and approval by the City's Engineering Division prior to construction. 9. Fire hydrants installed per the fire code.