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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