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HomeMy WebLinkAboutOrdinance 4477 ORDINANCE NO, 4477 AN ORDINANCE APPROVING VAC 03-4.00 TO VACATE AND ABANDON A PORTION OF A 12' ALLEY IN BLOCK TEN ( 10) OF FERGUSON' S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS DESCRIBED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville Arkansas, on the 3rd day of March, 2003, asking the City Council to vacate and abandon all that portion of the street (or alley) designated on the plat of the Ferguson's Addition to the City of Fayetteville now appearing of record in plat book 4 page 203 in the office of the Circuit Clerk of Washington County; and WHEREAS, after due notice as required by law, the Council, has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the portion of the alley described in Exhibit "A", has been dedicated to the public use as an alley; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all the owners of the property abutting upon the portion of the alley to be vacated have filed with the Council their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the or alley. 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 releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the or alley designated as follows: See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of the 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. Section 3 . 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. PASSED AND APPROVED this the 15`h day of April, 2003 . cyErI APPRO D: of By: Dan Coody, Mayor ATS ES L: N 6R LAMAAe Doc ID :By. IRecorded : 05/19/20030atr02: 33 : 55 PM O : REL Sondra Smith,`City Clerk Fee Amt : $17 . 00 Pace 1 of 4 Hashlnoton Countv . AR Bette 3tamoa circuit Clerk F11e2003-00027520 EXHIBIT "A" VAC 034,00 A PORTION OF A 12' ALLEY IN BLOCK TEN (10) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS RECORDED IN BOOK 4, PAGE 203, ALL BEING PART OF THE SE '/4 OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 12 OF SAID BLOCK TEN (10), OF FERGUSON'S ADDITION, SAID POINT BIENG A SET IRON PIN ON THE SOUTH RIGHT OF WAY LINE OF WEST FIFTH STREET; THENCE S87042'3311E 12.00 FEET ALONG SAID SOUTH RIGHT OF WAY LINE OF WEST FIFTH STREET TO A SET IRON PIN ON THE EAST SIDE OF A 12 FOOT ALLEY AS DEDICATED ON SAID FERUSON'S ADDITION; THENCE S03025122"W 274.42 FEET ALONG THE EAST SIDE OF SAID 12 FOOT ALLEY, TO A SET IRON PIN ON THE NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET; THENCE N87°06'48"W 12.00 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET TO A SET IRON PIN ON THE WEST SIDE OF A SAID 12 FOOT ALLEY TO THE POINT OF BEGINNING, CONTAINING 3,292.31 SQUARE FEET OR 0.076 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT OF WAYS, EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. VAC03-4 .00 B E N C O R E Close UP Vlew <I r = ; -- C ] mcD /s J1 laew ,E�^k ++�.-�Y BI,Y I • l�r�, ? X11 LJ all QK ATX ST I Ll Y9Ai9lf.S•..S1GTfit35'�— °M—IEST PUIRI s C.Y ED l ; C7 - _ — r = SUBJECT PROPERTY - c z '- I t >l F I i1L L U ..... .._� '1..... � :• '� I . .--'L –1 Lam' i I •_.. .. N C5 � i aig4 m ,S fiSX Sl •••.N.H.• •N•�N•NNNi�j•ii�N.N.aN.•..INM N.�!•!.0 w P. ST •• ❑ i I II I El ID r - - °o ' . .• �S — ; . it I I II U2r = R- in I Overview Legend Boundary Subject Properly . - - - _ r - - - Planning Area tester Street Plan . VAC03_4.00 ipoo0% /5./ Freewey/6xpressmy 0 Oveday District �a_oo8 Streets L _ 1 City Limits 'PSP' Principal Arterial 4•I�P Minor Arterial 40 6dstinpOutside City . ♦ Collector,+ Planned - - - - - _ , • •. Historic Collector 0 75 150 300 450 600 Feet VAC03-4.00 B E N C O R E One Mile View 'j 7J�`-��L--{t�� • .�;t-Y 1 IJpIx ` 1 , I -t # rllr r ���-'-• •••`�•,•••. •e'�"x', I'�A\�4TF OR , ``� -'.1' 51 d'�i � OUISE Si I l74 ,. l ,� r t'NEHEyI �t G rDIGIAs � � u L _ [JL •• 6. J. LY Fill _ 7�]DIINDr- T I•1iWGT4T f"i^ • r tW ST" *sem AALt x ,.••I•«._r �a r r '. 7G_ST IF 5TfU151 f 1t- rT j rl :.I - • •t•• +�•Ws••••I•iI•dies r i.V 7 � < # I I o - . <� uip u , rl yl .. ` IXGAYL F+f TI Af.Y[lP it i•N� ••• •�I••r••il•••�s•' fIF 7 '" 1 • l �' - IF ••••" Z. a•appas, ••�• Ili slr-44 ,I � TJi : �k IF li Ir' C s F �••••i••e •• 1 ! J q� 1 ` II I 1 1 { m S OU0.TIs Y Ic ..b. ! 1111 � �. ` -••••'LL'isa•u••.•• • ••• I Ino . .. y 1 � yw -< < t �+ o ••�• < •• 'HOF DR x �v > I > F a trI WHRE T +-", r ! Tip + ( 1 4< J - IF x.9.�1'rt1 •••� - Ill G x r _a< n I eatHc sr f • -- � th. ° �''4�`'n,�. 'lz�= rDv+ � ; r •-p. i }- � l:•"�t > �'t- , --•=--�F' t r I I ADOV Si z vy• >-i - • • -! '� L f > •AU If PRIJ k < e4 $-Y,-�" Ip- - f 7 ` i i I-. { °!^4°wWww �s....i tom- : n �q� °. 1 � �6`yr _���_�''It- Irv �ul •�•••�••#••i••• •ei=�. i'T:f _ cn s> - I �' 1. `tn �Spon`S,�R• 7 Z•s•i»w••f• 14��.:Y- i IIIA L I!„J r LF - �� i 1 I� li � I•• 1 -i dVyTE Dv.I I.,� ,, Roq R , u�Q4YY:R9F•� i zl S y a I 'r Ck $ .y I T Ks nock } ° II P - . < III rr RD G Z8 i HDCk ••• o " I � � n i ' • ' I l �. l �, r i Cr sr 1 sioHE,.Sr� D' h �jz 1 • r I t 1 i • I } * °I rel d f l l i < .0 •i § � j Mrt n v zl r <� I 1 , s y j�� J ...r t•-! a '�s•• .,i � �. 1: _ _. _ _- zllj•• G �_n"✓ SUBJECT PROPERTY ' �`x 'W i ..6 .i 1a.S+��5}!-I'�' - e•+�(tl 11,1 il• r -n �• � r. . %a if I r _ - �2tnH_su TpD�a Tt✓� /� � � t ?Tr"Sn--irz##L-'• z, 3+E1fNN••�?L�T�`j����_ 3- Lu ad I r� ` r Iii i-.l :11 =� J. • r 1 >TiH ST7TH 5f=” • lTN sr — ( r 9a �,P3'". = i {{ I I. �i Iff i A _� • -tu I r ji - < \ r PPRI{TE DR=rtRTMLs � t w5ti sr r F rl IIS ' 8u .' ILys�rh-� i�1nuHE{ Fl All If F. II .... .- + I r s13 I>arvATE DR r 1 gran J P II • iklztsr3TMs R� I J 'r . ,...... .. • 9Y t?yTTn r . iv a-' „�'»1JTH 5T• -d I in s ��))xkl- ;-w • J. i. • ST_L-f { ICS IFTf�i iEi1 ' f :r+rv'muRfj'_ Y j I ( 13333 FriY J i. ISUNCHASEQ l L. -F £ L .I�- 19TH Sie..e»-., M�9irtST�RIVAT r ye -. -S • yl - -__ r ..' I"mt '. i °E'inGREFFLIl 14 r' rw Ir 4. a _ _ rl ' vVATE. R - LLL - JLI -a:.11f I + T liI " I� y7 , LL Overview Legend Subject Property Boundary Master Sell Plan VAC03-4.00 %-. Planning Area �'�/R 'OY r '•Y Streets 0 FT �raY District I�PfFtlpOl Artantl El °00000° Minor Antonia L CR _ I Y Limits � � . 0a•sd0r tr-� JIG1I�•Rl,w Outside City •••• Hlatarle CoOaGa 0 0. 1 0.2 0.4 0.6 0. files Washington County, AR I certify this instrument was filed on 05/19/2003 02:33:55 PM and recorded in Real Estate File Number 2003-00027520 FeSt s - Circuit Clerk FAYETT?VILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick, AICP, Zoning & Development Administrator THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs. DATE: March 28, 2003 Project: VAC 03-4.00: Vacation (BENCORE), pp 523 was submitted by Keystone Consultants on behalf of BENCORE for property located at the northeast comer of Sixth and School. The property is C-2. The request is to vacate a 12 ' alley. BACKGROUND 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 AEP/SWEPCO No Objections — Any relocation of existing facilities will be at the owner's expense. Arkansas Western Gas No Objections SW Bell No Objections. Cox Communications No Objections. City of Fayetteville: Water/Sewer No Objections Street Department No Objections Solid Waste No Objections Engineering No objections CURRENT STATUS On March 24, 2003 , the Planning Commission voted 8-0-0 (consent agenda) to forward this item to the City Council with a recommendation for approval. The area to be vacated (exhibit A) has been revised to include only that area in which the pool will be located in accordance with the request from AEP/SWEPCO. RECOMMENDATION Staff recommends approval of the requested easement vacation. K.lReports120031CC REPOR7St4pril meetingsWacO3-4_bencore_cc memo.doc Planning Commissio • March 24, 2003 Aviles: Welcome to the Monday, March 24, 2003 meeting of the Fayetteville Planning Commission. Renee, would you call the roll please? Roll Call: Upon the completion of roll call there were seven Commissioners present with Commissioner Ostner arriving at 5 :35 p.m. and Commissioner Ward arriving at 5 :40 p.m. Aviles: We have a lengthy agenda this evening but first I would like you all to greet our Mayor, Dan Coody. Coody: I wanted to present a couple of awards this evening for appreciation of all of you folks that are leaving the Planning Commission. I wanted to say thanks to the Chair, Lorel. The people don't know how much work the Planning Commission gets involved in. The folks who run for the City Council and get elected to City Council don't know what a real job is. You guys do it. It is this Commission that basically sees to it how Fayetteville unfolds into the future and this is a dramatically important committee and we certainly appreciate all of your efforts. If you will please let Lee know, I am assuming he is coming tonight. If you would give this to Lee for me I would appreciate it. Thank you all very much for all of your contributions. VAC 03-4.00: Vacation (BENCORE, pp 523) was submitted by Geoffrey Bates of Keystone Consultants on behalf of BENCORE for property located at the northeast corner of Oh Street and S. School Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.076 acres. The request is for an alley vacation. ADM 03-8.00: Administrative Item (Young, pp 610) was submitted by Chris Young for property located at 5635 E. Huntsville Road. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 2.5 acres. The request is to appeal certain conditions of approval for CUP 03-3 .00. Aviles: I know that I can speak for Lee too and say that we have both been privy and honored to serve on this Planning Commission. Thank you very much again. You are welcome to stay. We have a lengthy agenda this evening. The first two items are consent items. First is VAC 03-4.00 for BENCORE properties located at the northeast corner of 6a' Street and S. School Avenue. This property is zoned C-2, Thoroughfare Commercial and contains approximately 0.76 acres. The request is for an alley Vacation. The second item is ADM 03-8.00, which is an Administrative Item submitted by Chris Young for property at 5635 E. Huntsville Road. This property is zoned C- 1 , Neighborhood Commercial and contains approximately 2.50 acres. The request is to appeal certain conditions of approval for CUP 03-3 .00. Is there any Commissioner that would like to discuss this and remove any of these items from the consent agenda? Is Planning Commissi� March 24, 2003 there any member of the public that would like to address us on these items before we vote on them? Shackelford: I will make a motion for approval of the consent agenda. Hoover: I will second. Aviles: There is a second by Commissioner Hoover. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve the consent agenda was approved by a vote of 8-0-0. Approval of the Minutes Aviles: Let the record reflect that Commissioner Ostner is now present. The next thing we will do is consider a motion for approval of the minutes for the March 10, 2003 meeting. Allen: I move for approval of the minutes. Church: I will second it. Aviles: Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve the minutes of March 10, 2003 meeting was approved by a vote of 8-0-0. NAME OF FILE: Ordinance No. 4477 CROSS REFERENCE: Item # Date Document 1 04/17/03 jOrd 4477 2 04/17/03 Staff Review Form w/attachments: draft ordinance copy of Close up View copy of One Mile View another draft ordinance 3 04/17/03 memo to Dawn Warrick 4 04/19/03 Affidavit of Publication NOTES : 5/19/2003 Filed @ Wash . Co. Courthouse 1 NORTIO VEST ARKANSAS EDITION Arhaai as amomt IS Cf)azette AFFIDAVIT OF PUBLICATION I , do solemnly swear that I am Legdl Clerk of the 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 - 9 -D " Publication Charge : $ Z 2L 69/ Subscribed and sworn to before me this day of It PA� 2003. Notary Public My Commission Expires: Ak " Please do not pay from Affidavit. An invoice will be sent. RECFiX11=11j APR P. 1 2003 CITY OF FA : , CITY CLERK';; 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4477 AN ORDINANCE APPROVING VAC 03-4.00 TO VACATE AND ABANDON A PORTION OF A 12' ALLEY IN BLOCK TEN (:0) OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEMLLE, WASHINGTON COUNTY, ARKANSAS AS DESCFOBED ON THE ATTACHED MAP AND LEGAL DESCRIPTION C•7 JV, f e "® WHEREAS, a petPoan was duly Mod wain the City Cantil of the City of Fayessvlle Arkansas, on the 3rd day of March. 2003, &1" the City Council to vacate and abandon an that portion of the street (or alley) designated on the plat of the Ferguson§ Addition to the City of Feydhevft how appearing of record In plat book 4 page 203 in the office of the arcuit Clark of Washagron COanty: and WHEREAS, atter due notice as required by lew, the Council, hes, at the unto and dace mentioned In the notice, heard an persons deal" to W heard on the question and has ascertained that the pMlon of . the elle/described inE>Mbit'A'. has been dedcl to the patio use as an day: has not been actually used by the public ganerely for a period of at least Ove (5) Yaare subsequent to the fi ft of the plat: tiet an The ownsre o the property abutting upon the Opinion of the alley to he vacated have filed Win the Council their Milan consent to the abandonment; and that public interest end welfare vAll not be adversely affected by the abandMmanl of the a allay. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section That dbe City Courrionj of the City of Fayetterwile. ArKarl VIDY i and abeMons an its rights, together with the rights of the publics generally, In a d to Meaor II designated as follows: See ExNba •A- stationed hereto and made a part hereof. Section 2. That a copy of the ordinance duly painted by the city dark shah be filed In the ofice of the recorder of the county aro recorded n fine deed records of M county. Section 3. That this Vacation eppm+al is UMW o the car chains of ePProv4I leted h the staff report aro Planning Commission recanmendetlon as descrlbed in Exhibit 'B' attached hereto and made a part hereof. PASSED AND APPROVED this the 15th day of AOA, 2003. APPROVED: By: Dan Caddy, Mayor ATTEST: By: Sondra Smith, City Clerk VACAC 034.0 034..0 0 A PORTION OF A 12' ALLEY IN BLOCK TEN (10) OF FERGUSON'S ADDITION TO THE CITY OF FAYEFFEMULE, WASHINGTON COUNTY, ARKANSAS, AS RECORDED IN BOOK 4, PAGE 203, ALL BEING PART OF THE BE _ OF SECTION 16. TOWNSHIP 16 NORTH, RANGE 30 WEST, ANC BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 12 OF SAID BLOCK TEN (10), OF FERGUSON'S ADDITION, SAID POINT BIENG A SET IRON PIN ON THE SOUTH RIGHT OF WAY UNE OF WEST FIFTH STREET, THENCE S87042'3TE 12.00 FEET ALONG SAID SOUTH RIGHT OF WAY UNE OF WEST RFTi STREET TO A SET IRON PIN ON THE EAST SIDE OF A 12 FOOT ALLEY AS DEDICATED ON SAID FERUSON'S ADDITION; THENCE S03.25'22-W 274.42 FEET ALONG THE EAST SIDE OF SAID 12 FOOT ALLEY, TO A SET IRON PIN ON THE NORTH RIGHT OF WAY UNE OF WEST SOH STREET. THENCE N87*W'48'W 12.00 FEET ALONG SAID NORTH RIGHT OF WAY UNE OF WEST SIXTH STREET TO A SET IRON PIN ON THE V^$T S1DE OF A SAID 12 FOOT ALLEY TO THE POINFOF BEGINNING, CONTAINING 3,292.31 SOl4ei FEET OR 0.076 ACRES, MORE OR LESS, SUBJE(?T'TO ANY RIGHT OF WAYS, EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. RECE►VEa APR 21 2003 CITY OFFFY' nT'" :_'. CITY CLERK'S CFFt'E FAYETTEVTLLE • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: April 17, 2003 Re: Ord. No, 4477 Attached is an executed copy of the above ordinance approved by the City Council on April 151 2003, approving VAC 03-4.00, vacating and abandoning a portion of a 12' alley in Block 10 of the Ferguson's Addition along with the Exhibit A and B. If anything else is needed please let the clerk's office know. /cbp attachment cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering