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:
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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.
Ll
• VAC 03-02.00
Page 3
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: / /
•'Planning Commis •
January 27, 2003
Page 2
Aviles: Good evening. I would like to welcome everybody to the Fayetteville Planning
Commission meeting. This is Monday, January 27th. We have four items of new
business on our agenda this evening. First we will call the roll.
Roll Call: Upon the completion of roll call there were seven Commissioners present with
Commissioner Estes and Commissioner Church being absent.
Aviles: Thanks Renee. Tim, before we get started, let me just be reminded, are there any things
that require five positive votes? We are short a couple of Commissioners so let me
make that announcement at the outset. Would a lot split require five positive votes?
Conklin: All of these can be approved with a simple majority.
Aviles: I just want to make the applicants clear on that when we are low on Commissioners.
The next thing would be the approval of the minutes from the January 13`h meeting, do
I have a motion?
Shackelford: So moved.
Bunch: Second.
Aviles: Renee, would you call the roll?
Roll Call: Upon the completion of roll call the minutes were approved by a vote of 7-0-0.
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 Harmon 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.
Aviles: First under new business this evening is VAC 03-2.00 for the University of Arkansas.
It was submitted by Gary Coover of McClelland Consulting Engineers on behalf of
James Ezell of the University of Arkansas for property north of Fairview Street on
Harmon Avenue and allies west of Harmon 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 and Williams Street and the alleys west of
Harmon Avenue. There are eight conditions of approval, Sara, do we have signed
conditions?
Edwards: We do not.
Aviles: Thanks. Can you give us the staff report please?
'Planning Commiss:i •
January 27, 2003
Page 3
Edwards: The vacations are, as you mentioned, two alleys and Harmon Avenue. We have had no
objections from any adjacent property owners, from the utilities, or from the city. The
eight conditions of approval address water and sewer line and associated easements. I
did get some additional information that I requested from the applicant and it should be
available to you. There should be a site plan and an elevation there.
Aviles: Is the applicant present? Yes, please come forward, give your name, and your
presentation please.
Coover: Good evening. My name is Gary Coover, I am the Project Manager with McClelland
Consulting Engineers and we have members from the Architectural firm of Polk,
Stanley, Yeary here tonight as well as some people from the campus Planning Division
for the University. If you have any additional questions, the idea is to build a multi-
level parking facility in this location. The idea is to take these large type of facilities
and put them down in the lower areas so it is not the tallest building in Fayetteville by
any means. This is one of the spots at the south part where they can later open up, I
think your plan shows a proposed Buchanan Drive and those plans seem to put new
buildings where Buchanan currently sits today and that will become a major transit
center . The parking facility will be down in that area, basically, straddling where
Harmon is today.
Aviles: Thank you. Commissioners, are there any questions?
Ward: Gary, I
would like you
to go ahead and give a presentation of what the project is going
to look
like and what it
is going to be, just for
public record.
Cover: I think I will call on Craig Curson from Polk, Stanley, Yeary.
Curson: Good evening. I am Craig Curson with Polk, Stanley, Yeary architects. We just have a
larger version of the site plan that I believe you have in your packets.
Aviles: Please face that toward the camera so that the audience can see it.
Curson: Ok. I don't have any elevations showing the exterior of the parking deck. You can see
the location is on the southwest comer of Duncan and Williams Street. It is a nine level
parking deck that is really buried into the hillside so on the west side there are really
three levels of the parking deck exposed above grade. That also shows the portion of
Harmon that we would propose closing and the ultimate master plan of the University
then shows Buchanan Avenue, which would be rerouted along the western edge along
the diagonal of the parking deck in the future.
Aviles: Ok, thanks. We appreciate the information. When we were at our agenda session we
were given only a street plan map and I had questions concerning the traffic flow the
'Planning Commis •
January 27, 2003
Page 4
youth center and things like that. Can you address some of those questions about traffic
flow?
Curson: There has not been a specific traffic study done but the parking deck is replacing
parking lots on campus and also proposed expansion of the business school, which is
just to the west of the parking deck over the next three to five years we will take
additional parking off campus and the ultimate plan would be for this deck to take the
place of that parking and the net gain would be between 500 and 600 parking spaces.
Aviles: Ok, thank you very much. Commissioners, are there any further questions? I will go
ahead and take public comment. Is there anybody here from the public that would wish
to address us on this proposed Vacation? This is only a street Vacation. I will go ahead
and bring the discussion back to the Commissioners and to the applicants. We do not
have signed conditions of approval, have you been able to see those and have you
agreed or disagreed with those?
Coover: I have not seen those.
Aviles: I need to go ahead and read those for the record. I think they mostly have to do with
public works issues.
Coover: If that is the letter from Dave Jurgens at Water and Sewer, yes, we have seen that and
that is all being taken care of in our plans.
Aviles: Let me just go ahead and read those into the record. 1)The water line on Harmon must
be replaced with a 12" main @er the University's identified requirements) along the
future Buchanan Avenue between William and Fairview. 2) The water line on Duncah
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. You are in agreement with these items?
Planning Commis •
January 27, 2003
Page 5
Coover: We have coordinated all of those items with the City and we can certainly provide a site
plan showing that information if you require that. We will be issuing to the Department
of Health later this week.
Aviles: I would imagine that there is a sewer and water permit process that they would go
through with the City's Engineering Division that would happen later on. I have one
question about this. I don't see any mention about fire hydrants, would that be part of
this for fire lines?
Coover: There will be additional hydrants placed on the project. We are relocating one and
adding four additional hydrants in that area.
Aviles: Matt, should that be a part of these conditions if they are on the City easement? Should
we make a note of those?
Casey: They should meet all requirements of the Fire Marshall. You can make it a condition of
approval but it sounds like they have already met those requirements.
Aviles: I think for the record we
should just
go ahead and say
fire hydrants installed per the fire
code. Commissioners, are there any
further questions
or motions?
Ward: I will make a motion that we approve this VAC 03-2.00 for the University with all nine
conditions that we talked about including the added fire hydrants.
Aviles: I have a motion by Commissioner Ward, is there a second?
Shackelford: I will second.
Aviles: Is there additional discussion? Renee, would you call the roll please?
Roll Call: Upon the completion of roll call the motion to forward VAC 03-2.00 to the City
Council was approved by a vote of 7-0-0.
Aviles: Thank you Gentlemen. We appreciate your presentation and it looks like a very
ambitious project.
40 PETITION a
PETITION TO VACATE A STREET LOCATED EAST OF LOTS 13 AND 19, SHREVE ADDITION AND
LYING WEST OF LOTS 11 AND 12, BLOCK 3, I. W. DUNCAN'S ADDITION, OF FAYETTEVILLE,
ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council -
We, the undersigned, being all the owners of the real estate abutting the street and alleys hereinafter sought to be
abandoned and vacated, lying east of Lots 13 and 19, Shreve Addition and lying west of Lots .11 and 12, Block 3,
I.W. Duncan's Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street and two
alleys which are described as follows:
Three hundred fifty-six feet (356') 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 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 Addition, lying between Buchanan Avenue and
Harmon Avenue; and all of a 12 foot alley along the north side of Lot 19 of Shreve Addition, lying between
Buchanan Avenue and Harmon Avenue (See attached drawing).
That the abutting real estate affected by said abandonment of the street and alleys are Lots 13 and 19, Shreve
Addition and Lots 11 and 12, Block 3, I.W. Duncan's Addition, City of Fayetteville, 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 street and alleys.
The petitioners pray 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 their respective benefit and purpose as now approved by law.
The petitioners further pray 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 easement.
Date day of /h 607 , 2003.
viii4, s,aS
c /amts /
Printed name
Signature
Printed name
Signature
J:\2002\022176\Petition.doc
a 0
STREET & ALLEY VACATION REQUEST
1-12' alley, 1-16' alley
356' of Harmon Avenue south of William Street
FAYETTEVILLE, ARKANSAS
The University of Arkansas is proposing to construct a multi -level parking facility in the
southern portion of the campus immediately south of William Street, and between Duncan
Avenue on the east and Buchanan Avenue on the west.
In order to build the largest facility possible and to make maximum use of the existing contours
in the area, the University would like to construct this facility across the existing Harmon
Avenue immediately south of William Street, and also across two currently unused alleys within
the old platted Shreve's Addition and Block 3 of McIlroy's Subdivision.
The University currently
owns all
of the
property on
both sides of both alleys, and on either side
of the portion of Harmon
Avenue
that is
proposed to
be vacated.
The property owner adjoining the proposed street vacation immediately to the south has been
notified and has stated in writing that he has no objection to the vacation of this portion of
Harmon Avenue.
The existing 6 -inch high pressure gas line in the Harmon Avenue right-of-way owned by
Arkansas Western Gas will be relocated as part of this project, as will the 6 -inch water line
owned by the City of Fayetteville. There are no other utilities within the alley or street right-of-
way that will need to be relocated.
In order to provide for more on -campus parking, and based on the above, the University is
requesting an alley and street vacation as shown on the attached drawing.
J:\2OO2\O22176Description.doc
Scale: 1"= 100'
VACIaON PLAT
FOR
STREET & ALLEYS
IN THE
CITY OF FAYEITEVII.LE
WASHINGTON COUNTY, ARKANSAS
DESCRIPTION
BRED BY:
RSFFY
OF
ARKANSAS
FOR
STREET AND ALLEYS TO BE VACATED
7HREE HLWLWED f7FTY--SX .Ft T (3569 OF HARMOV A6E)VUE L HNC SOUTH ar WLUAN STREET BONG
A/OPAR ROAARLY D£5PFY'&V AS FO LOWS ALL OF HARNOV A IENLE L HNC EAST Or L07S /J AND
J9 OF SIREw'S 41.0/law AND ALL OF HAAVOV A WNW 1. )WC NEST at LOTS 11 AND 12 IN BLOO( J
LF' I.W. DINCANS AMMOJ.
ALSO ALL OF A 16 FOOT ALLEY ALOVG 7HE SOUTH SDE OF LOT 19 OF sHWE £'S AAODOV, L VINO SFINE£N
BUOIANAN A IVVLAE AND HARNOV A IENLA:,• AND ALL Or A 12 FOOT ALLEY ALOVC TH£ NOVIH SD£ O<
LOT 19 or S/R£I£5 ADOnOV, L HNC BETNEDV BUOIANAN A I.ENUE AND HARMOV A IE7VUE
U.
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