HomeMy WebLinkAboutOrdinance 4465 ORDINANCE NO. 4465
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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:
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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:-/-/
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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.
