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HomeMy WebLinkAboutOrdinance 4498 ORDINANCE NO. 4498 AN ORDINANCE AMENDING ORDINANCE 4466 TO VACATE AND ABANDON THE UNOPENED PORTION OF NINTH STREET, EAST OF SOUTH SCHOOL AVENUE, SOUTH OF LOTS 2 AND 8, BLOCK 16 AND NORTH OF LOTS 1 AND 24, BLOCK 17 IN THE FERGUSON ADDITION AS DEPICTED 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 28a' day of December, 2002, 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 in the office of the Circuit Clerk of Washington County. 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 street or the portion thereof, hereinbefore described, has heretofore been dedicated to the public use as a street herein described; 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 street 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 street. Now, therefore, be it ordained by the City Council of the City of Fayetteville, Arkansas: Section 1 . The City of Fayetteville, Arkansas releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the street designated as follows: See Exhibit "A" attached hereto and made a part hereof. Section 2. 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. , DAMED AND APPROVED this the I " day of July, 2003 . p Y E APPROVED By: �'. DAN C.Onhv 2^Cy . . ,�•• t t Doe ID . 008315440002 TVDe . REL Recorded : 07/09/2003 at 11 : 30 : 22 AM City Clerk Fee Amt : $11 . 00 Paae 1 or 2 Washington county . AR • Bette Stemos circuit Clerk FS1e2003-00036028 EXHIBIT "A" VAC 03-1,00 BEGINNING AT A POINT WHICH IS 16 FEET EAST OF THE NORTHWEST CORNER OF LOT 24, BLOCK 17, FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND RUNNING THENCE NORTH 55 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 2, BLOCK 16, FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND RUNNING THENCE EAST TO A POINT WHICH IS DUE NORTH OF THE NORTHEAST CORNER OF LOT 1, BLOCK 17, FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND RUNNING THENCE SOUTH 55 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 17, FERGUSON ADDITION, THENCE WEST ALONG THE NORTH LINE OF SAID BLOCK 17, FERGUSON ADDITION TO THE POINT OF BEGINNING. r �eshi cervi nerO by iai� rr0 °iO2,ros0�hiCs 9 i7rnin7°s�. eheNu 68?ber0C eyn � 4e rie,o4a0OpCF / a0n eiB ICAC 03-1. 00 Page I PC Meeting of January 13, 2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS AMC Land Right-of-Way 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: November 9, 2002 Project: VAC 03=1.00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 90' Street. The property is zoned C-2, Thoroughfare Commercial and I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 9`s Street west of South School and north of Block 17 and south of Block 16 in the Ferguson' s Addition. 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: Ozarks Electric — No Objections Southwestern Electric Power Company - NA Arkansas Western Gas — No Objections, Retain 20' utility easement for existing gas line which was filed for record November 20, 2002 in Washington County. SW Bell — No Objections, Requests a 20' utility easement along School Street through this existing right-of-way. Cox Communications - No Objections City of Fayetteville: Water/Sewer — No Objections, Must maintain 30' wide easement centered on the existing sewer line but extending from the east to the west end of the property. Street Department - No Objections Solid Waste - No Objections Engineering — No objections. Planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1. 1 •• VAC 03-1. 00 Page 2 Recommendation: Approval of the proposed right-of-way vacation 03- 1 .00 subject to the applicant providing the easements requested above, PLANNING COMMISSION ACTION: ves Required Approved Denied Date: Comments: CITY COUNCIL ACTION: ves Required Approved Denied Date: Planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1. 3 PETITION TO VACATE THE UNOPENED PORTION OF NINTH STREET WHICH IS LOCATED EAST OF SOUTH SCHOOL STREET AND SOUTH OF LOTS 2 AND 8 OF BLOCK 16 AND NORTH OF LOTS 1 AND 24 BLOCK 17 OF THE FERGUSON ADDITION. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We the undersigned, being all the owners of the real estate abutting the right-of-way hereinafter sought to be abandoned and vacated, lying east of South School Avenue and south of Lots 2 and 8 of Block 16 and north of Lots 1 and 24 of Block 17 of Ferguson Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as follows: Beginning at a point which is 16 feet East of the Northwest comer of Lot 24, Block 17, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence North 55 feet, more or less, to the South line of Lot 2, Block 16, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence East to a point which is due North of the Northeast comer of Lot 1 , Block 17, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence South 55 feet, more or less, to the Northeast comer of said Lot 1 , Block ]L7, Ferguson Addition, thence West along the North line of said Block 17, Ferguson Addition to the point of beginning. That the abutting real estate affected by said abandonment of the street right-of-way are Lots 2 and 8 of Block 16 of the Ferguson Addition and Lots 1 and 24 of Block 17 of the Ferguson 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 abandon- ment of the unopened portion of the above described street. 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 easement of the public for the use of said street right-of-way. — Planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1.2 {� N Dated this 12"' day of December, 2002. 1' *.Gjarvey Edith Harvey ,1< 1 Randy Parrish Raye Pansh Planning Commission - - January 13, 2003 VAC 03-1 AMC Land Page 1. 4 On UiOON A06 i nAU ^� 415 44G d4 / � ; Ud / 101 Lj" i )etf9XRJb / fr2GB 2 / 2 l LEGAL DESCRIPTION FOR STREET CLOSING PURPOSES All that part of Ninth Street (unopened) that is described as follows. Beginning at a point which is 16 feet East .of the Northwest corner of Lot 24, Block 17, Ferguson' s Addition to the City of Fayetteville, Arkansas, and running thence North 55 feet, more or less, to the south line of Lot 2, Block 16, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence East to a point which is due north of the Northeast corner of Lot 1 , Block 17, Ferguson' s .Addition to the City of Fayetteville, Arkansas, and running thence South 55 feet, more or less, to the Northeast corner of said Lot 1 , Block 17, Ferguson' s Addition, thence West along the North line of said Block 17, Ferguson' s Addition to the point of beginning. Planning Commissio, January 13, 200 VAC 03-1 AMC Lan _ Page 1. Planning Commissio ft. January 13, 2003 Page 3' Aviles: Welcome to the January 13, 2003 meeting of the Fayetteville Planning Commission. Renee, would you call the roll please? Roll Call: Upon the completion of roll call all nine commissioners were present. Aviles: Thank you Renee. The first item of business would be the approval of the minutes from the previous Planning Commission meeting which was held on December 9t°. Do I have a motion for approval of the minutes? Ward: So moved. Aviles: There is a motion by Commissioner Ward, is there a second? Shackelford: Second. Aviles: There is a second by Commissioner Shackelford. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve the minutes was approved by a vote of 9-0-0. VAC 03-1 .00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical . Contractors for property located west of South School Avenue on 9`s Street. The property is zoned C- 2, Thoroughfare Commercial and I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 9`h Street west of S. School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Aviles: Thanks Renee. We have ten items on our agenda this evening. The first item is the only item which is on the consent agenda. It is VAC 03- 1 .00 which was submitted of Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of S. School Avenue on 9a' Street. The property is zoned C-2, Thoroughfare Commercial and I-1 , Heavy Commercial/Light Industrial and contains approximately .32 acres. The request is to vacate 9a' Street west of S. School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Is there any member of the Commission that would like to remove this from the consent agenda? Is there any member of the audience that would like to speak to us on this item this evening? Seeing none, I will go ahead and entertain a motion for approval of the consent agenda. Shackelford: I will make a motion that we approve the consent agenda. Ward: Second. Planning Commissiof January 13, 2003 Page 4 Aviles: Renee, 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 9-0-0. VAC03- 1 . 00 AMC LAND Gose Up view to If If 04 Fq f CM VI i• I . . _ _ Id — _ .— —.—_. — II — — i f __ .— • \ . 1. _ _— I i Il7l- off, 00 �I D o I — -i �- • • — �� I I (o k� oO D I 1 1 I - _• 1` `:1 F R- - - i, Ij ��. SUBJECT PROPERTY 1 . ` — • ` c-z w I � I i I'I r WA tA-11 I o ri fff .l 1 II I I,, •J•. g °0.fVATF D0. tS $ A . . ,I r•> •+I•••• - - • ..__ ski{ R- S C7F f�:tai 1 �' " al. I ift. i u I ' j V�f. aLIA 1 E •t F II f — — — —. ._ i f — _ _ -- —I I .. OF / lI , _ ._._.irTM sr to 1 Overview Legend Boundary Subject Property �„-, Planning Area Master Street Plan - - r VAC03-1.00 g000� - Freewa /Ex resswa i o°0000° Overlay District C`J Y P Y n Streets L _ _I City Limits Principal Arterial -\_, Existing Outside City Minor Arterial ' re-q o* Collector v Planned - - - ' 0. Historic Collector- - 0 75 150 300 450 600 Feet NAME OF FILE : Ordinance No. 4498 CROSS REFERENCE: Item # Date Document 1 06/13/03 Staff Review Form w/attachments draft ordinance memo to Mayor/City Council copy of Ord. No. 4466 copy of Petition to Vacate copy of PC minutes re: VAC 03-1 .00 Close up View One Mile View copy of place holder Staff Review Form 2 07/05/03 Affidavit of Publication 3 07/08/03 memo to Dawn Warrick NOTES: 7/9/2003 filed with Washington County Circuit Clerk STAFF RE�W FORM - NON -FINANCIAL OBLATION bev 7/7/63 AGENDA REQUEST For the Fayetteville City Council Meeting of: July 1, 2003 FROM: Dawn Warrick Planning Name Division ACTION REQUIRED: Ordinance Approval SUMMARY EXPLANATION: Department \7At' 03-1.00 VAC 03-1.00 was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of S. School Avenue on 9th Street, Fayetteville, Arkansas. The request is to amend Ordinance 4466 to vacate the entire 55' of 9th Street west of South School,north of Block 17, and south of Block 16 in the Ferguson's Addition. STAFF RECOMMENDATION: Approval Received in Ma or'sy Office Date W `E+ - /9-03 Cross Reference: Department irector Date Previous Ord/Res#: Finance & Internal Services Dir. // Date Orig. Contract Date: 7 0 -0 Orig. Contract Number: Date New Item: Yes No Date t I M ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 4466 TO VACATE AND ABANDON THE UNOPENED PORTION OF NINTH STREET, EAST OF SOUTH SCHOOL AVENUE, SOUTH OF LOTS 2 AND 8, BLOCK 16 AND NORTH OF LOTS 1 AND 24, BLOCK 17 IN THE FERGUSON ADDITION AS DEPICTED 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 28Th day of December, 2002; 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 in \• office of the Circuit Clerk of Washington County. /� 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 street or the portion thereof, hereinbefore described, has heretofore been dedicated to the public use as a street herein described; has not been actually used by the public generally for. period of at least fiv /(5) years subsequent to the filing of the plat; that all the owners\of the.property abutting upon the portion of the street to be vacated have filed with the/couHL ncil their written consent to the abandonment; and tha�public.interest and\ welfare will not be adversely affected by the abandonment of the stce�tN. NOW, THEREFORE, BE`IT ORDAINNEEDyBY E CITY COUNCIL OF THE CITY OF 1.FAYETTEVILLE, ARKANSAS: Sec lion 1. The City\ f Fayetteville, Arkansas releases, vacates, and abandons all its rights;,together with)the rights:of the public generally, in and to the street designated as follows:. 1/ See Exhibit "Acattached hereto and made a part hereof. Section 2. A c y of the ordinance duly certified by the city clerk shall be filed in the office of the recorder ��JJ��of j theyco�nty and recorded in the deed recordsofthee' county €Section'3. TL U(dTYt'a312 - t3flti�efieet are � ° � 4 c — passage._ V U i wee- (t' rti V '5 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 day of , 2003. APPROVED: ATTEST: AFB EXHIBIT "A" VAC 03-1.00 BEGINNING AT A POINT WHICH IS 16 FEET EAST OF THE NORTHWEST CORNER OF LOT 24, BLOCK 17, FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND RUNNING THENCE NORTH 55 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 2, BLOCK 16, FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND RUNNING THENCE EASTTOA POINT WHICH IS DUE NORTH OF THE NORTHEAST CORNER OF LOT`1 BLOCK 17, FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND RUNNING THENCE SOUTH 55 FEET, MORE OR LESS, TO THE NORTHEASTCORNER OF SAID LOT 1, BLOCK 17, FERGUSON ADDITION, THENCE WEST ALONG THE NORTH LINE OF SAID BLOCK 17, FERGUSON ADDITION TO THE POINT'OF'BEGINNING. C . VAC 03-1.00 Page I FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St: Fayetteville, AR 72701 CC Meeting of July 1, 2003 AMC Land Right of Way Vacation TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick, A.I.C.P., Zoning & Development Administrator THRU: Tim Conklin, A.I.C.P., Community Planning & Engineering Services Director DATE: June 12, 2003 VAC 03-1.00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 9t° Street. The property is zoned C-2, Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 91h Street west of South School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Background: On February 4, 2003 the City Council approved Ordinance # 4466 approving this vacation. However, at that time the legal description attached as Exhibit "A" was incorrect and only reflected the southern portion of 9w Street. 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 — No Objections Southwestern Electric Power Company - NA Arkansas Western Gas — No Objections, Retain 20' utility easement for existing gas line which was filed for record November 20, 2002 in Washington County. SW Bell — No Objections, Requests a 20' utility easement along School Street through this existing right-of-way. Cox Communications - No Objections City of Fayetteville: Water/Sewer — No Objections, Must maintain 30' wide easement centered on the existing sewer line but extending from the east to the west end of the property. Street Department - No Objections Solid Waste - No Objections Engineering — No objections. • • VAC 03-1.00 Page 2 Current Status: The applicant has now become aware of the error in the legal description and is requesting that Exhibit "A" to Ordinance # 4466 be amended to reflect the entire 55' of 9'h Street west of South School, north of Block 17 and south of Block 16 in the Ferguson's Addition being vacated and abandoned as reflected in the original petition to vacate and as reviewed and approved by the Planning Commission on January 13, 2003. Recommendation: Approval of the proposed right-of-way vacation 03-1.00 subject to the applicant providing the easements requested above. . N •• ORDINANCE NO. 4466 AN ORDINANCE APPROVING VAC 03-1.00 TO VACATE AND ABANDON A SECTION OF 9TH STREET WEST OF SOUTH SCHOOL, NORTH OF BLOCK 17 AND SOUTH OF BLOCK 16, IN THE FERGUSON'S ADDITION 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 which have not been actually used for five years; and WHEREAS, the City Council of the City of Fayetteville, Arkansas has determined that the following described dedicated street has not been actually used for five years and the owners of all abutting property have petitioned for or consented to this vacation; and WHEREAS, the public interest and welfare will not be adversely affected by the abandonment of the alley; and WHEREAS, the City Council has the additional 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 street is not required for corporate purposes; and WHEREAS, the abutting owner has offered as an inducement to the City Council to approve the vacation of the street a Bill of Assurance to maintain, create, or improve green space on the 50 -foot section nearest School Avenue. 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 street right of way: See Exhibit "A" attached hereto and made a part hereof. Section 2. That this vacation approval is subject to the Bill of Assurance offered by the petitioner. 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 4`a day of March, 2003. ATTEST: By: Sondra Smith, City Clerk VAC 03-1.00 Page FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, City Planner, A.LC.P. DATE: January 17, 2003 CC Meeting of February 4, 2003. AMC Land Right of Way Vacation VAC 03-1.00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 9th Street. The property is zoned C-2, Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is tovacate 9`n Street west of South School and north of Block 17 and south of Block 16 in the Ferguson's Addition. 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: Ozarks Electric — No Objections Southwestern Electric Power Company - NA Arkansas Western Gas —No Objections, Retain 20' utility easement for existing gas line which was filed for record November 20, 2002 in Washington County. SW Bell — No Objections, Requests a 20' utility easement along School Street through this existing right-of-way. Cox Communications - No Objections City of Fayetteville: Water/Sewer — No Objections, Must maintain 30' wide easement centered on the existing sewer line but extending from the east to the west end of the property. Street Department - No Objections Solid Waste - No Objections Engineering — No objections. Current Status: On January 13, 203, the Planning Commission voted 9-0-0 to forward the Vacation to the City Council with a recommendation for approval. Recommendation: Approval of the proposed right-of-way vacation 03-1.00 subject to the applicant providing the easements requested above. V� N VAC 03-1.00 Page 1 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 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: November 9, 2002 PC Meeting of January 13, 2003 AMC Land Right -of -Way Vacation Project: VAC 034.00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 9th Street. The property is zoned C-2, Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 9th Street west of South School and north of Block 17 and south of Block 16 in the Ferguson's Addition. 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: Ozarks Electric — No Objections Southwestern Electric Power Company - NA Arkansas Western Gas — No Objections, Retain 20' utility easement for existing gas line which was filed for record November 20, 2002 in Washington County. SW Bell — No Objections, Requests a 20' utility easement along School Street through this existing right-of-way. Cox Communications - No Objections City of Fayetteville: Water/Sewer — No Objections, Must maintain 30' wide easement centered on the existing sewer line but extending from the east to the west end of the property. Street Department - No Objections Solid Waste - No Objections Engineering — No objections. Planning Commission January 13, 2003 VAC 03-I AMC Land Page 1.1 •. • • VAC 03-1.00 Page 2 Recommendation: Approval of the proposed right-of-way vacation 03-1.00 subject to the applicant providing the easements requested above, PLANNING COMMISSION ACTION: ves Required Approved Denied Date: Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date: I I Planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1.3 •• go PETITION TO VACATE THE UNOPENED PORTION OF NINTH STREET WHICH IS LOCATED EAST OF SOUTH SCHOOL STREET AND SOUTH OF LOTS 2 AND 8 OF BLOCK 16 AND NORTH OF LOTS I AND 24 BLOCK 17 OF THE FERGUSON ADDITION. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We the undersigned, being all the owners of the real estate abutting the right-of-way hereinafter sought to be abandoned and vacated, lying east of South School Avenue and south of Lots 2 and 8 of Block 16 and north of Lots 1 and 24 of Block 17 of Ferguson Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as follows: Beginning at a point which is 16 feet East of the Northwest comer of Lot 24, Block 17, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence North 55 feet, more or less, to the South line of Lot 2, Block 16, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence East to a point which is due North of the Northeast comer of Lot 1, Block 17, Ferguson Addition to the City of Fayetteville, Arkansas, and running thence South 55 feet, more or less, to the Northeast comer of said Lot 1, Block ,7, Ferguson Addition, thence West along the North line of said Block 17, Ferguson Addition to the point of beginning. That the abutting real estate affected by said abandonment of the street right-of-way are Lots 2 and 8 of Block 16 of the Ferguson Addition and Lots 1 and 24 of Block 17 of the Ferguson 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 abandon- ment of the unopened portion of the above described street. 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 easement of the public for the use of said street right-of-way. Planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1.2 a Dated this 12`h day of December, 2002. G arvey Edith Harvey ,.C Randy Parrish Raye Pansh planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1.4 • onuroUn Ao5i MMAL µiy µµG d4/], Ud/13/' 2, jetfax Fab/;r'aae 212 LEGAL DESCRIPTION FOR STREET CLOSING PURPOSES All that part of Ninth Street (unopened) that is described as follows: Beginning at a point which is 16 feet East.of the Northwest corner of Lot 24, Block 17, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence North 55 feet, more or less, to the south line of Lot 2, Block 16, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence East to a point which is due north of the Northeast corner of Lot 1, Block 17, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence South 55 feet, more or less, to the Northeast comer of said Lot 1, Block 17, Ferguson's Addition, thence West along the North line of said Block 17, Ferguson's Addition to the point of beginning. Planning Commissio. January 13, 200 VAC 03-1 AMC Lan — . Page 1. Planning CommissioS t ' January13, 2003 . Page 3 Aviles: Welcome to the January 13, 2003 meeting of the Fayetteville Planning Commission. Renee, would you call the roll please? Roll Call: Upon the completion of roll call all nine commissioners were present. Aviles: Thank you Renee. The first item of business would be the approval of the minutes from the previous Planning Commission meeting which was held on December 9th Do I have a motion for approval of the minutes? Ward: So moved. Aviles: There is a motion by Commissioner Ward, is there a second? Shackelford: Second. Aviles: There is a second by Commissioner Shackelford. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve the minutes was approved by a vote of 9-0-0. VAC 03-1.00: Vacation (AMC Land, pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 90' Street. The property is zoned C- 2, Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 9th Street west of S. School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Aviles: Thanks Renee. We have ten items on our agenda this evening. The first item is the only item which is on the consent agenda. It is VAC 03-1.00 which was submitted of Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of S. School Avenue on 9t° Street. The property is zoned C-2, Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately .32 acres. The request is to vacate 9c' Street west of S. School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Is there any member of the Commission that would like to remove this from the consent agenda? Is there any member of the audience that would like to speak to us on this item this evening? Seeing none, I will go ahead and entertain a motion for approval of the consent agenda. Shackelford: I will make a motion that we approve the consent agenda. Ward: Second., Planning Commission W• • January 13, 2003 Page 4 Aviles: Renee, 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 9-0-0. I . . so 4 VAC03-1.00 Close Up View R-2 R-2 � 1 f_ �'f�v�v,I� I e"0, ,:, GI RS f ._.. _-. -` fye..r OI — — -_. ._ ® I }^--- i I I1 IN 1Y rn r X1#6 • M I ♦• • 'iw,lxwI` —. ♦ -♦ j j C-2 ,. • l _._. 1 is I firs s^ F f I i —------ I .Ah` _ i f YR L.� �_ • I • �I x5Ae wl+ .t� I 1 i I l � • _._. .. ____ Ny /• I .1L._. I- 11T15T ------------ Overview Legend Boundary ..., _, Subject Property -- 1 Planning Area Master Street Plan - VAC03-1.00 0 000 .f1 o Overlay District Freeway/Expressway L 000000 Streets a:: Ciy Limits q Principal Arterial -U ' V Minor Arterial • ° T \_. Existing I Outside Ciy (-'�-----�.Jm Planned •%i Collector I n • �•4 Historic Collector 0 75 150 300 450 600 Feet STAFF REM FORM - NON -FINANCIAL OBL1ION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick July 1, 2003 Planning CP&E Division Department ACTION REQUIRED: Ordinance Approval SUMMARY EXPLANATION: VAC 03-1.00 was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of S. School Avenue on 9th Street, Fayetteville, Arkansas. The request is to amend Ordinance 4466 to vacate the entire 55' of 9th Street west of South School,north of Block 17, and south of Block 16 in the Ferguson's Addition. STAFF RECOMMENDATION: Approval A ,.M 1 I Di ism on Head City Attorney Date _/3 03 Department Director Date Finance & Internal Services Dir. Chief Administrative Officer Mayor Received in Mayor's Office Date Cross Reference: Previous Ord/Res#: Date Orig. Contract Date: Orig. Contract Number: Date New Item: Yes No Date AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: u-\\ \qN\aQ \e. 1uet(e was inserted in the regular editions on PO# a3-0000us�l OO1 '" Publication Charge: $ \ti5 85 Subscribed and sworn to before me this dayf DAAr2003. otary Public My Commission Expires:5-_1-07 *' Please do not pay from Affidavit. An invoice will be sent. EAL SUTTONEM ARKANSASOUNTY. 05 01 07 301dd0. S,)18310 A110 3111A31L3AVd d0 &1I0 soon I I ifir a3nf303a 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4498 AN ORDINANCE AMENDING ORDINANCE 4466 TO VACATE AND ABANDON THE -UNOPENED PORTION OF NINTH STREET, EAST OF SOUTH• SCHOOL AVENUE. SOUTH OF LOTS 2 AND 8, BLOCK 16 AND NORTH'OF LOTS 1 AND 24, BLOCK 17 IN THE FERGUSON ADDITION AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION City ofr FayettevuIe WHEREAS; a peU on was du y filed man the City Cour d of the City of FayetteNfie Arkansas, on the 28th day of December, 2002, asking the City Councl to vacate and abandon all that portion of the street (or alley) designated on the plat of the Ferguson h Addition to the City of Fayetteville now appearing In the office of the Circuit Clerk of WasPngton County. WHEREAS, after due notice as required by law, the council, has, at the time and place mentioned in the notice, heard aY persons desiring to be heard on the question and has ascertained that the street Or the portion thereof, herektefore described, has heretofore been dedicated to the public use as a street herein described; has not been actually used by the public generally for a penod of at least five (5) years subsequent to the fling of the plat; that all the owners of the property abutting upon the portion of the street to be vacated have filed with the council their written consent to the abandonment: and that public Interest and welfare will not be aWersey affected by the abandonment Of the sheet. Now. therefore, be it Ordained by the City Council of the City of Fayetteville, Arkansas: Section 1. The City of FeyetteNlle, Ahansas releases, vacates, end abandons all is rights, together with trio rights of the public generally, in end'to the street designated as follows: Sae Exhibit A" attached hereto and made a part hereof. Section 2. A copy of the ordinance duty certified by the city clerk shell be filed in the office of the recorder of the county and recorded in the deed records of the count. Section 3. That this Vacation approval is subject to the conditions of approval listed In the staff report and Parsing Commission recommendation as described in Ettlblt"B" attached hereto and made a part hereof. PASSED AND APPROVED this the 1st day of Juy, 2003. APPROVED: Or. Sondra Smith. City Clerk EXHIBIT'A' VAC 034.00 BEGINNING AT A POINT WHICH IS 16 FEET EAST OF THE NORTHWEST CORNER OF LOT 24. BLOCK 17, FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND RUNNING THENCE NORTH 55 FEET, MORE OR LESS, TO THE SOUTH UNE OF LOT 2, BLOCK 16, FERGUSON ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. AND RUNNING THENCE EAST TO A POINT TO THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 17. FERGUSON ADORION, I Htra; ALONG THE NORTH LINE OF SAID BLOCK 17, FERGUSON ADDITION TO THE POINT C INING. EXHIBIT'BCAN BE VIEWED AT THE CITY CLERKS OFFICE. d" FAYETTEVI E THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman n40 City Clerk's Division Date: July 8, 2003 Re: Ordinance 4498 Attached hereto is a copy of the above ordinance passed by the City Council, July 1, 2003, amending Ord. No. 4466, to vacate and abandon the unopened portion of Ninth Street in the Ferguson Addition. The original ordinance will be microfilmed, recorded in the city clerk's office and published. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering