HomeMy WebLinkAboutOrdinance 4550r
ORDINANCE NO. 4550
AN ORDINANCE APPROVING VAC 04-02.00 TO VACATE
AND ABANDON A 20' PORTION OF A PLATTED ALLEY,
RETAINING A UTILITY EASEMENT WITHIN SUBJECT
PROPERTY AS DEPICTED ON THE ATTACHED MAP AND
LEGAL DESCRIPTION
WHEREAS, the City Council has the 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 platted
alley is not required for corporate purposes.
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 the
following described alley access, leaving all of its rights together with the rights of the
public generally for use as a utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of
the County and recorded in the Deed Records of the County.
Section 3: This Ordinance shall satisfy a Consent Decree in Case No. E. 93-356 filed in the
Chancery Court of Washington County, Arkansas on August 23, 1993 agreed to by the City
of Fayetteville as defendants.
PASSED and APPROVED this the 16t' day of March, 2004.
By:
• 1'
DAN COODY, Mayor
oam$10411912004
at2:39:06 PM
FeeAmt
Washington County. AR
Bette Stamos Circuit Clerk
Fiie2004-00014671
•
EXHIBIT "A"
VAC 04-02,00
LOTS 1 AND 2, BLOCK 3, IN RODGERS PLACE, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, PER THE PLAT OF SAID SUBDIVISION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND ALSO A TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1
BLOCK 3; THENCE NORTH 0°07' 13" EAST 14.24 FEET ALONG THE WEST BOUNDARY
OF SAID SUBDIVISION; THENCE SOUTH 89°54'50 EAST 100.00 FEET; THENCE SOUTH
0007'13" WEST 12.98 FEET TO THE NORTHEAST CORNER OF LOT 2 IN BLOCK 3;
THENCE ALONG THE NORTH BOUNDARY OF BLOCK 3 SOUTH 89022105" WEST 100.00
FEET TO THE POINT OF BEGINNING.
0 •
Washington County, AR
I certify this instrument was filed on
04/19/2004 02:39:06 pM
and recorded in Real Estate
File Number 2004-00014671
Be to Sitamps - Circuit Clerk
by N
U
a •
NAME OF FILE: Ordinance No. 4550
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1 03/01/04 Staff Review Form
2 draft ordinance
3 03/21/04 memo to Planning Commission
4 08/17/93 copy of Res. No. 85-93
5 08/17/93 copy of minutes
6 08/23/93 copy of Consent Decree
7 copy of Close Up View
8 copy of One Mile View
9 03/22/04 memo to Dawn Warrick
10 03/23/04 Affidavit of Publication
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
04/19/04 Ifile with the Washington County Circuit Clerk
STAFF MEW FORM - NON -FINANCIAL OIRGATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of: March 16, 2004
FROM:
Dawn Warrick
Name
Planning CP&E
Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
O IZ D `
3/i&/0�
4(:5SD
A lbroaA
VAC 04-02.00: Submitted by the City of Fayetteville for property located between lots 1 and 2 of the Rodgers
Place Subdivision. The request is to vacate a 20' portion of a platted alley and to retain a utility easement
within the vacated property.
STAFF RECOMMENDATION: Approval.
d Received in Mayor's Office
Di ision Head D e
3i o
Attomey Date
dal/ Cross Reference:
Department Director Date
Previous Ord/Res#:
Finance & Internal Services Dir. Date Orig. Contract Date:
Officer
Mayor
Date
/ 4
Date
Orig. Contract Number:
New Item:
3�j a
Date ,Oel
Yes No
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 04-02.00 TO VACATE AND ABANDON
A 20' PORTION OF A PLATTED ALLEY, RETAINING A UTILITY
EASEMENT WITHIN SUBJECT PROPERTY AS DEPICTED ON THE
ATTACHED MAP AND LEGAL DESCRIPTION.
WHEREAS, the City Council
has
the 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 platted alley is
not required for corporate purposes.
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 the
following described alley access, leaving all of its rights together with the
rights of the public generally for use as a utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
Section 3. This Ordinance shall satisfy a Consent Decree in Case No. E. 93-356 filed
in the Chancery Court of Washington County, Arkansas on August 23, 1993
agreed to by the City of Fayetteville as defendants.
PASSED AND APPROVED this day of , 2004.
APPROVED:
I0
Sondra Smith, City Clerk
Dan Coody, Mayor
EXHIBIT "A"
VAC 04-02.00
LOTS I AND 2, BLOCK 3, IN RODGERS PLACE, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, PER THE PLAT OF SAID SUBDIVISION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND ALSO A TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1
BLOCK 3; THENCE NORTH 0°07' 13" EAST 14.24 FEET ALONG THE WEST BOUNDARY
OF SAID SUBDIVISION; THENCE SOUTH 89°54'50 EAST 100.00 FEET; THENCE SOUTH
0007' 13" WEST 12.98 FEET TO THE NORTHEAST CORNER OF LOT 2 IN BLOCK 3;
THENCE ALONG THE NORTH BOUNDARY OF BLOCK 3 SOUTH 89022705" WEST 100.00
FEET TO THE POINT OF BEGINNING.
VAC 04-02.00
Page
FAYETTEVILLE PC Meeting Of February 23, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: February 21, 2004
VAC 04-02.00: Vacation (Gilbrech, pp 525) was submitted by the City of Fayetteville for
property located between lots 1 & 2 of the Rodgers Place Subdivision. The request is to vacate a
20' portion of a platted alley and to retain a utility easement within the vacated property.
Planner: Dawn Warrick
Findings:
Proposal: The request is to vacate a portion of right-of-way which was platted as an alley in the
Rogers Place Subdivision. The alley is located at the rear (southern boundary) of lots within the
subdivision that front Lighton Trail and at the rear (northern boundary) of lots within the
subdivision that front Rodgers Drive. The only portion of the alley subject to this action is that
portion between the western most lots within the development (lots 1 & 2 of block I and lots 1 &
2 of block 3). The purpose for this request is to satisfy a consent decree issued by the Chancery
Court of Washington County, on August 23, 1993. This consent decree was the product of an
action between Gilbrech and Havens in an attempt to quiet title to the Gilbrech property. The
City of Fayetteville was included as a defendant in this action and was represented by the office
of the City Attorney.
The City Council of the City of Fayetteville approved Resolution 85-93 accepting the settlement
offer in this case and thereby agreeing to the vacation of the portion of the platted alley described
in this petition. Aside from this resolution (a copy is attached), staff has been unable to locate
any ordinances or other documentation resolving this outstanding vacation action. This situation
was brought to the attention of staff by an attorney representing the plantiffs (Gilbrech). At this
time, staff is processing the necessary applications and ordinance to complete the vacation action
which was agreed upon by a previous City Council.
All utilities have been provided information regarding this requested vacation in accordance with
standard application procedures.
Surrounding Land Use: Surrounding properties are zoned RSF4, Residential single family, 4
units/acre and contain single family homes.
Recommendation: Staff recommends approval of the requested alley vacation in accordance
with Resolution 85-93 and the consent decree issued by Washington County Chancery Judge
John Lineberger and with the condition stated below.
Condition of Approval: (The following condition was recorded as a part of the court's consent
K?Rcponsl2004lPCReponsIO2-23-041rac04-2 gilhmch.doc
• 0
decree)
I. The portion vacated shall remain in a general utility easement.
PLANNING COMMISSION ACTION
Date: February 23, 2004
CITY COUNCIL ACTION:
Date: March 16, 2004 (first reading)
Comments:
K.'Reports 120041PC Repons' 02-23-041rac04-7_gilhmchdoc
yes Required
Approved Denied
yes Required
Approved Denied
VAC 04-02.00
Page 2
RESOLUTION NO. 85-93
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
SETTLEMENT OFFER IN RE: GILBRECH V. HAVENS AND
CITY OF FAYETTEVILLE, E93-356, A QUIET TITLE ACTION
FILED IN THE WASHINGTON COUNTY CHANCERY
COURT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby accepts the settlement offer In Re: Gilbrech v.
Havens and City of Fayetteville, E93-356, a quiet title action filed in the Washington County
Chancery Court. A copy of the Consent Decree authorized is attached hereto marked Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this 17th day of August , 1993.
APPROVED:
By: lwxlllt w�
F ed Hanna, Mayor
ATTEST: �// )
By: aen4 ca/
Sherry L.01bomas, City Clerk
RM
August 17, 1993
the bonds have
been
held by
the Trustee in .the
Capital
Improvements and
Bond
Reserve
Investment Accounts,
81-93 AS RECORDED IN THE CITY CLERR68 OFFICE
Co A resolution approving an amendment to the Arts Center Council
Articles of Incorporation to change the name from the "Arts
Center Council" to "The Walton Arts Center Council".
RESOLUTION 82-93 AS RECORDED IN THE CITY CLERK'S OFFICE
D. Consideration of a resolution approving a request by Abilities
Unlimited.
Abilities Unlimited has sustained a considerable loss as a
result of their recycling contract with the City. Their
original estimate of loss was $31,000. After meeting with
their accountants, they have listed their losses as
$25,476,43. After meeting with City Staff, they have agreed
to accept $10,000 as full settlement of their claim.
RESOLUTION 83-93 AS RECORDED IN THE CITY CLERK'S OFFICE
E. A resolution accepting a counter offer of $12,000 to purchase -
property for the Airport Land Acquisition Project from the W.
C. Whitfield Jr., Trust, and settle City of Fayetteville v.
Dunlap/Whitfield, CIV 93-491,
W.D. Schock Company feels the $12,000 counter offer to the
original offer of $10,500 will be acceptable to the FAA.
84-93 AS RECORDED IN THE CITY CLERK'S OFFICE
F. A resolution accepting a settlement offer in Gilbrech v.
Havens and the City of Fayetteville, E 93-356, where the other
parties have resolved their dispute and ask the City to vacate
and abandon any right, title, or interest it may have over and
across the street/alley located in Rodgers Place Subdivision.
In settling, the City would abandon approximately a 20 foot
section of an alley located betweens lots 1 and 2 in block 1
of the Rodgers Place Subdivision. This is a platted but
unopened alley.
RESOLUTION 85-93 AS RECORDED IN THE CITY CLERK'S OFFICE
G. A resolution approving a change order to the construction
contract for the Highway 180 Water and Sewer Relocation
Project with Goodwin and Goodwin Construction Company in the
amount of $37,183, and approval of a budget adjustment.
IN THE CHANCERY COURT OF.WASHINGTON COUNTY; ARKANSAS :
w
r
RAYMOND GILBRECH, JR. and c.W
CAROLYN GILBRECH, Husband and Wife PLAINTZF$S'',
vs. NO. E. 93-356 m_ , G
JERRy HAVENS and VICKI HAVENS, Cr.
Husband and Wife. DEFENDANTS
CITY OF FAYETTEVILLE
CONSENT DECREE
Now on this _ day of 1993, comes on for
hearing the complaint of the plaintiffs seeking to quiet title;
the parties having announced ready; the plaintiffs represented by
Charles L. Harwell. of CYPERT, CROUCH, CLARK & HARWELL, the,
defendants, Havens, being represented by David Horne of KINCAID,
HORNE & TRUMBO; the defendant, City of Fayetteville, being
.,represented by Assistant City Attorney, LaGayle McCarty; the
Parties having stipulated to the salient facts and agreeing to
the following terms, which terms are approved by the CoVrt:
1. The Court has jurisdiction over the subject matter and
the parties.
2. The City of Fayetteville has an alleyway between the
properties of the plaintiffs and the defendants, Havens, and the
legal description of that segment of the alleyway which adjoins
the properties of the plaintiffs and defendants, Havens, is as
follows:
An
Alley located
in Rodgers
Place,
a Subdivision to the City
of
Fayetteville,
Arkansas,
per the
plat of said Subdivision
on file in the Office of Circuit Clerk and Ex-Officio
Recorder of Washington County, Arkansas, said alley being
located between Lots Numbered 1 and 2 in Block Numbered 3
and Lots Numbered 1 and 2 in B1ock.Numbered 1 of said
Rodgers Place Subdivision,
3. The parties agree that the width of the City of.
Fayetteville's alley is approximately 20 feet more or less and
the City of Fayetteville agrees to vacate said alleyway pursuant
to the provisions of Paragraph 5 hereinafter. "
4. Pursuant to state law, the property of.the vacated
alleyway shall revert one-half each to the adjacent. property
owners. The parties agree that the boundary line.between
Gilbrech and Havens, following the vacation of the alleyway,
shall be as follows:
A boundary line between Lots.l and 2 in Block 1 and Lots l
and 2 in Block 3 shall be a line 10 feet south of and
parallel with a stone wall that is located on Lots 1 and 2
Block 1 and being.also described as beginning at a point
which is south 0 degrees 07' 1311 West 10.0 from an existing
stone wall at the Southwest Corner of said Block 1, thence
South 89 degrees 54' 50" East 100.0 to the Point of Ending.
5. Although there are no utilities with.existing facilities
in the portion of the alleyway vacated herein, as a condition of
the City's vacation of the alleyway, a reservation of a utility
easement.is necessary. The parties agree that a utility easement
shall be reserved upon the plaintiffs' property, the legal
description of which easement shall be as follows:
An easement
twenty feet
in width
across the northernmost
portion of
the property
described
in paragraph 6 herein.
The easement shall be for ingress and egress for public utilities.
-2-
for the purpose of laying, repairing, inspecting, maintaining,
removing or replacing said utilities' lines and facilities.
6. Titled is hereby confirmed in the Gilbrechs in the
following property, subject to easement provided above:
Lots 1 and 2,' Block 3, in Rodgers Place, a subdivision, to
the.City of Fayetteville, Arkansas, per the plat of said
Subdivision on file in the office of Circuit Clerk and Ex-
Officio Recorder of Was County, Arkansas, and also a
tract being more particularly described as follows:
Beginning at the Northwest corner.of Lot 1 Block 3; thence
North 0007113" East 14.24 feet along the West Boundary of
said Subdivision; thence North 89054'50 West 100,0 feet;
thence south 0007'13" West 12.98 feet to the Northeast
corner of Lot 2 in block 3,; thence along the North boundary
of .Block 3 South 89022105" west 100.0 feet to the POINT OF
BEGINNING.
7. Titled is hereby confirmed in the Havens in the
following property:
Lots 1 and 2, Block 1, in Rodgers Place, a subdivision to
the City of Fayetteville, Arkansas, per the plat of said
Subdivision on file in the Office of Circuit Clerk and Ex-
Officio Recorder of Washington County, Arkansas., and also.
part of a vacated alley, said' -vacated alley being located
between Lots Numbered-1 and 2 in Block Numbered 3.and Lots
Numbered.l and 2 in Block Numbered 1 of said Rodgers Place
Subdivision, and being more particularly described as
follows:
Beginning at an existing.stone wall at the Southwest corner
of said Block 1; thence along said wall South 8905415011 East
100.0 feet; thence leaving said stone wall South 0007'13"
West 10.0 feet; thence North 89054150" West 100.0 feet to
the West line of.said Rodgers Place Subdivision; thence
North 0007113" East 10.0 feet to the POINT OF BEGINNING,
7. Any other issues of the complaint of the plaintiffs, not
specifically addressed herein, are dismissed with prejudice.
IT IS, THEREFORE, BY THE COURT CONSIDERED, ORDERED, ADJUDGED
AND DECREED that the title to the lands described in.paragraph 6
-3-
be quieted
and confirmed in the
plaintiffs,
as against the
defendants
herein specifically
named, their
spouses, unknown
heirs, executors, administrators, successors and assigns, if any,
as well as against all other persons, firms and corporations
whatsoever.
IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED that
the title to the lands described in paragraph 7 be quieted and
confirmed in the defendants, Havens, as against the plaintiffs
herein specifically named, their spouses; unknown heirs,
executors, administrators, successors and assigns, if any, as
well as against all other persons, firms and corporations
whatsoever.
IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED that
a utility
easement
shall be reserved upon
the plaintiffs'
property,
the legal
description of which
easement shall be as.
follows:
An easement twenty feet in width across the northernmost
portion of the property described in paragraph 6.herein.
and that the purposes of said easement shall be for ingress and
egress for public utilities for the purpose of laying, repairing,
inspecting, maintaining, removing or replacing said utilities'
lines and facilities
IT IS THE FURTHER ORDER OF THIS COURT that the plaintiff pay
the costs of this action and that all parties bear theirown
attorneys fees.
-4-
for'Defendants, Havens
IAGKyle MdCartyr Attorney
for Defendants, City of
Fayetteville
.5-
VAC04-02.00
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files
FAYETTEV ILLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman "
City Clerk Division
Date: March 22, 2004
Re: Ordinance No. 4550
Attached is an executed copy of the above ordinance passed by the City Council, March 16,
2004, approving VAC 04-02.00, vacating and abandoning a portion of a platted alley way and
retaining a utility easement.
This ordinance will
be recorded in the city clerk's office,
microfilmed, published in a
newspaper of
general circulation
and filed at the county courthouse.
If anything else is needed
please let the
clerk's office know.
Attachment(s)
A r=
/ ° ► ► Fes.;
PUBLICATION
I, =Lj r» J , 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:
(�J`✓`Y) was inserted in the regular editions on
PO# Ca-�_16Ea
*' Publication Charge: $ o ,26Za
Subscribed and sworn to before me this
AVM - day of Actrn C , 2004.
i
Notary•
My Commission Expires: o�/dS/ao�3
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
RECuVF_D
FSNOfficial Seal
otarY
N-MIC I ARGO MAR 2 5 2004
Public -Arkansas
HINGTON COUNTY CITY OF FAYETTEVILLE
ission Expires 0745-2013 CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
D1IONWIOR. NO. 43"
qN ORDIN41'K%E APPfiOVNJ(' VAC 04-02A%1 TO VACATE AND
ABANDON A20'PORTION OFA PIA OU,,RETAM➢NGA
IfTNJTY EASEMEP1i VIfTfMN SUBJECT PROPERTY AS DEPICT-
ED p4 THE ATTACHED MAP AND IEGAL DESCRIP 11
YVMRRRAS, ft Cay Cotmxl t the aumoft un0er A.CA § of
914-54-104 to W * pubIG gf01aa9 IX Panbne IhMW vAkh
8R nat Mp *w v oar mw pupoeea, ene
WHmuU R ma an Caraa;ll Res detemANd that me folm" dwalbea *M od 0118Y 6 W IM"
to corporate pl+Paeaa
NOW, T"ffrAFOM. M FT ORDAMgp n TM Cm COONCI OF na Cm OF FAYRr-
Tm, ARRANSAS:
Bec9onl: Thett OkYof Feyett %.Nkol hMVby el9a6RC� aLw ft ®dWato
away aocesa, le a�q a a xa r4tae togadler
rnent:
Sea Ed" 'A' atfadad meta and ,Ilam a pan 1laeof.
Seouon 2: That a copy of i Orarlerwa DaN oemned by da CAN Clerk alone won the MOP attecnee
hereto and I90eIW Erma -13- anal W 09d h aR OD Of tna Ramrder a ft Co^ arse mmdocOn
"Dead Records a tna CoernY.
Secoon 3: TNe Ordkw ehae WIAN a CaRNa Deaee In Cave No. E. 93-356 Rae In ft CIWr Y
Caen d WN&wlgton Co Y,Arkar4 maugust 23.1903 apnea to bY111B ONuf FeyetW"Mdara.
dents.
p"affo M+a AIMROViD ihb as 18th day of Merck, 2004.
APPROVED:
BY
DAN COODY. MaYW
ATTEST:
BY
OONDRA OM CHCHV CIO*
E%HIBR'A'
VAC 04-02D0
LOTS 1 AND 2, BLOCK 3, IN RODGERS PLACE. A SUBDMSION TO THE CRY OF FAYETT�
ARKANSAS, PER THE PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUITCLERK
AND E%-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS- AND ALSO A TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
LOT I BLOCK 3; THENCE NORTH 0007'13- EAST 14.24 FEET ALONG THE WEST BOUNDARY OF
SAID SUBDMSION; THENCE SOUTH BW54'50 EAST 100.00 FEET THENCE SOUTH 0007'13' WEST
12.9E FEET TO THE NORTHEAST CORNER OF LOT 2 IN BLOCK 3; THENCE ALONG THE NORTH
BOUNDARY OF BLOCK 3 SOUTH 89022'05' WEST 100,00 FEET TO THE POINT OF BEGINNING.
EXHIBIT'B'
GILBRECH
-
�1 Y
VIP
MAR 2 5 2004
clC�OCLERK S OFFICE
