HomeMy WebLinkAboutOrdinance 4574E
ORDINANCE NO. 4 5 7 4
AN ORDINANCE APPROVING VAC 04-07.00 TO VACATE A
15' ALLEY BETWEEN TAYLOR AND DOUGLAS STREETS,
WEST OF GREGG AVENUE AS DEPICTED ON THE. ATTACHED
LEGAL DESCRIPTION, BUT RETAINING THIS AREA AS A
UTILITY EASEMENT
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 alley is not
required for corporate purposes, except as a utility easement.
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City of Fayetteville, Arkansas hereby vacates and abandons the
following described alley, abandoning all of its rights together with the
rights of the public in general; subject to retaining the entire area as a city
utility easement pursuant to the condition of approval of the Planning
Commission.
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
legal description attached hereto and labeled Exhibit "A" 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 18'h day of May, 2004.
e�\7Y O,c X
;FAYETTEVILLE;
By: I )X")Afynte
SONDRA SMITH, City Clerk
APPROVED:
By: Alf I
MAN COOD ,Mayor
IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IINI IIIII IINI IIIII IIIII IIIII IIII IIII
Recorded: 0$%25/20040at T11:17:007 AM
Fee Amt: $20.00 PeQe 1 of 5
WashiBette�gton o
StemoaClrcultuntv RClerk
F11e2004-00025134
EXHIBIT "A"
RLN 04-07.00
AN ALLEY WITHIN THE ARCH IAS-BUSHNELL ADDITION TO THE CITY OF
FAYETTEVILLE, AS DESIGNATED ON THE PLAT 01, SAID ADDITION NOW ON PILE IN
11 IF OFFICE OF'1'HE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASI IINGTON
COUNTY, ARKANSAS, AND LYING BETWEEN LOTS 3, 41 5 AND 14. SAID ALLEY
COMMENCING AT AN EXISTING IRON PIN AT THE SOUTHWEST CORNER OF LOT 14
OF SAID ADDITION, THENCE WEST 15.00 FEET ALONG THE EXISTING RIGIFI OF
WAY OF DOUGLAS STREET, THENCE N 00 DEGREES 03'22" E 190.75 FEET, THENCE
FAST 15.00 FEET' ALONG THE EXISTING RIGHT OF WAY OF TAYLOR STREET TO AN
EXISTING IRON PIN AT THE NORTHWEST CORNER OF LOT 14, THENCE ALONG 'VI IF
W EST BOUNDARY LINE OF SAID LOT 14 TO THE POINT OF BEGINNING.
MAY 19 2004 4:55PM
ESPERRMZR RESORT
52 624 145 6400
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ACKNOWLEDGMENT
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WRNESS my held and "d on wts �� der of 2004.
OFFICIAL SEAL
REBECCA CURRY
NOTARY PUBLIC-ARKANSAS
BENTON COUNTY
MY COMMISSION EXPIRES: 03-18-13
c
MnY 19 2004 4:SSPM ESPERRNZA RESORT 52 624 145 6400
Taylor Street
i
Lot 5
Lot 3
P.
0 •
NAME OF FILE: Ordinance No. 4574
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1 04/14/04 memo to mayor & city council
2 draft ordinance
3 04/07/04 memo to Planning Commission
4 03/04/04 copy of Petition
5 copy of map
6 02/11/04 letter to Planning Commission
7 03/03/04 letter to Planning Commission
8 03/03/04 letter to Planning Commission
g copy of Ord. No. 1779
10 copy of map
11 copy of Ord. No. 1785
12 copy of subdivision map
13 copy of Close Up View
14 copy of One Mile View
15 04/20/04 Staff Review Form
16 copy of map
17 copy of map
18 copy of map
19 05/24/04 memo to Dawn Warrick
20 05/25/04 Affidavit of Publication
21 copy of water/sewer easement
22 copy of map of lot 51 41 & 3
23 1 copy of water/sewer easement
24 1copy of lot map
NOTES:
06/25/04 fled w/Wash. Co. Circuit Clerk
Ole JD
• 5 // £!lo'!
City Councikeeting of May 04, 2004 y 5- 751.
Agenda Item Number
CITY COUNCIL AGENDA MEMO VACO7,1)01
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: April 14, 2004
Subject: Alley Vacation for Woodall (VAC 04-07.00)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of an existing,
platted alley adjacent to the subject property.
BACKGROUND
The subject alley lies between Taylor and Douglas Street, west ol'Gregg Avenue. The
applicant owns property to the adjacent to the alley, along its eastern boundary. The
applicant proposes to vacate the 15' alley to provide the required minimum frontage of 70
feet for development of the lot. Currently the lot is 53' wide. The minimum lot width is
70'. With the vacation of the alley, Lot 13 will have 7.5' of the alley added to the lot
bringing it up to 70.5'.
The alley in this location was at one time vacated by Ordinance #1779, in 1971. A month
later, City Council approved Ordinance #1785, rescinding that vacation description and
revising the legal description to vacate another portion of the alley. The alley in this
location, therefore, exists as city right-of-way.
DISCUSSION
Notification was provided to all utility representatives and adjoining property owners. No
objections were reported regarding this requested casement vacation.
The Planning Commission voted in favor of this item on its Consent Agenda at the
regular meeting of April 12, 2004.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 04-07.00 TO VACATE A
15' ALLEY BETWEEN TAYLOR AND DOUGLAS STREETS,
WEST OF GREGG AVENUE AS DEPICTED ON THE ATTACHED
LEGAL DESCRIPTION, BUT RETAINING THIS AREA AS A
UTILITY EASEMENT
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 alley is not
required for corporate purposes, except as a utility easement.
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, abandoning all of its rights together with the
rights of the public in general; subject to retaining the entire area as a city
utility casement pursuant to the condition of approval of the Planning
Commission.
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy ofthis Ordinance duly certified by the City Clerk along with the
legal description attached hereto and labeled Exhibit "A" 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 18`h day of May, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:_ .
DAN GOODY, Mayor
49
EXHIBIT "A"
RZN 04-07,00
AN ALLEY WITHIN THE. ARCHIAS-BUSIINELL ADDITION TO THE CITY OF
FAYETTEVILLE, AS DESIGNATED ON THE PLAT OF SAID ADDITION NOW ON FILE IN
THE. OFFICE. OF TIIE CIRCUIT CLERK AND F,X-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND LYING BETWEEN LOTS 3, 4, 5 AND 14. SAID ALLEY
COMMENCING AT AN EXISTING IRON PIN AT THE SOUTHWEST CORNER OF LOT 14
OF SAID ADDITION, THENCE. WEST 15.00 FEET ALONG THE EXISTING RIGHT OF
WAY OF DOUGLAS STREET, THENCE. N00 DEGREE'S 03122" E 190.75 FEET, THENCE
FAST 15.00 FEET ALONG THE EXISTING RIGHT OF WAY OF 'I'AYLOR STREET TO AN
EXISTING IRON PIN AT THE NORTHWEST CORNER OF LOT 14, THENCE ALONG THE
WFST BOUNDARY LINE OF SAID 1,0'1' 14'1'O'1'HE POINT OF BF,GINNING.
[0)Oil] Ior_I2[.10 130
AN ORDINANCE APPROVING VAC 04-07.00 TO VACATE, A 15' ALLEY
BETWEEN TAYLOR AND DOUGLAS STREETS, WEST OF GREGG
AVENUE AS DEPICTED ON THE ATTACHED 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 alley is not
required for corporate purposes.
NOW. THEREFORE., RF 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, abandoning all of its rights together with the
rights of the public in general:
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
legal description attached hereto and labeled Exhibit "A" 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 day of
ATTEST:
By
Sondra Smith, City Clerk
APPROVED:
By.
, 2004.
Dan Coody, Mayor
FAYETTEVILLE
Tln; CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of April 12, 2004
113 W. Mountain SL
Fayetteville, AR 72701
Telephone: 501-5754264
TO: Fayetteville Planning Commission Members
THRIJ: Dawn Warrick, AICP. Zoning & Development Administrator
FROM: Jeremy Pate, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: April 07, 2004
VAC 04-07.00: Vacation (Woodall/Douglas Street, pp 444) was submitted by Josef Woodall for
property located at Lot 13 of Archais-Buslulell Addition. 'the property is zoned RMF-40,
Residential Multi -Family, 40 units per acre. The request is to vacate a 15' alley.
Planner: Jeremy Pate
Findings: See the attached maps and legal descriptions for the exact locations of the requested
drainage easement vacation.
Background: The proposal for this development is to vacate the 15' alley to provide the
required frontage for the lot. Currently the lot is 53' wide. The minimum lot width is 70'. With
the vacation of the alley, Lot 13 will have 7.5' of the alley added to the lot bringing it up to 70.5'.
To address the applicant's letter of correspondence regarding a previous vacation of said alley,
please review the attached documents. In summary, Ordinance 1779, on Feb 01, 1971, vacated
the subject alley, along with other portions of the alley north of Douglas Street and south of
Cleveland St. The following month, March 01, 1971, Ordinance 1785 was approved and filed of
record correcting the legal description of said vacation, to only include the alley between lots 1, 2
and 13, south of Douglas Street. The subject alley between lots 3, 4, 5 and 14, therefore, currently
exists as city right-of-way.
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
Ozarks Electric No Objections
AFP/SWEPCO No Objections
Arkansas Western Oas No Objections
SW Bell
Cox Communications
CITY OF FAYETTEVILLE:
Water/Sewer
Transportation
Solid Waste
Engineering
No Objections
No Objections
RESPONSE
See Conditions of Approval
No Objections
No Objections
No Objections
Recommendation: Approval of the
proposed
alley vacation
04-07.00 subject
to the following
condition:
Conditions of Approval:
l . fhe entire alley width needs to remain in place as a general utility easement.
Also, additional easement is required to bring the easement to a minimum of 15'
east of the existing waterline. The applicant's surveyor will need to show the
location of the existing waterline to determine the location of the required
easement.
PLANNING COMMISSION ACTION: yes Required
4 Approved Denied
Date: April 12, 2004 g_o_o
The "CONDITIONS OF APPROVAL.", beginning on page one of this report, are accepted
in total without exception by the entity requesting approval of this development item.
By
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: May 04, 2004
PETITION TO VACATE AN ALLEY LOCATED IN LOT FOURTEEN (14) OF ARCHIAS-BUSHNELL
ADDITION TO THE CITY OF FAYETTF.VH.LE, CITY 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 alley hereinafter sought to be abandoned and
vacated, lying BETWEEN LOTS THREE (3), FOUR (4) FIVE (5) AND FOURTEEN (14) OF ARCHIAS-
BUSHNELL ADDITION, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which
is described as follows:
An alley within the Archias-Bushue6 Addition to the City of Fayetteville, as designated on the plat of said
addition now on rile in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, and Wag between Lots 3, 4, 5, and 14. Said alley commencing at an existing iron pin at the
Southwest corner of Lot 14 of said addition, thence West 15.00 feet along the existing right -of --way of Douglas
Street, thence N 00 degrees 03' 22" E 190.75 feet, thence East 15.00 feet along the existing right-of-way of
Taylor Street to an existing iron pin at the North-west corner of Lot 14, thence along the West boundary line
of said Lot 14 to the point of beginning.
That the abutting real estate affected by said abandonment of the alley are LOTS THREE (3), FOUR (4) AND FIVE
(5) OF ARCHIAS-BUSHNELL 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 alley.
Petitioners also would like to make note that this alley vacation is required to obtain the required frontage for any
Arnim development of the property located at LOT FOURTEEN (14) OF ARCHIAS-BUSHNELL ADDITION TO
TIIE CITY OF FAYETTF.VILLE.
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 f,r�ee from the easem is of the public for the use of said alley.
Dated this day of _./ .ylq_ ,, W Z�
TT, 6 \ . ! /
name
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02/11/04 17:17 FAX 5014446061 CYN INC (405
• •
C. Y.N., LLC
Post Office Box
1364
(479)
M2216 olfke
Fayetteville, AR
72702
(479)
409-9618 eeN
February 11, 20004
Planning Commission
City of Fayetteville
Fayetteville, AR 72701
RE: Written Description of Request for Alley Closing
Dear Planning Commission:
We formally request the closing of an existing alley which is within the
Archias-Bushnell Addition to the City of Fayetteville, lying between Lots 31 41 51
and 14_ To our knowledge this alley has never been used for the purpose of an
alley.
C.Y.N., LLC, and its members, David H. Kyle and Cynthia D. Nielsen
(husband and wife), are the owners of the adjacent Lots 3 and 14. Currently,
there is a pending real estate contract to sell Lot 14 between C_Y.N., LLC, seller,
and Phil Phillips, aka Phillips FLP, buyer. The contract is contingent on this alley
being dosed in order to allow for the required frontage necessary for Mr. Phillips
to build on Lot 14.
It had been our understanding that this alley was already closed pursuant
to Ordinance No. 1779, dated Feb. 1, 1971. We had even pursued plans to build
on Lot 14 ourselves and had also informed our neighbor, Mrs. Marie Klgore, of
the alley closing. Mrs. Kilgore awns Lots 4 and 5 adjacent to the alley. We had
the centerline of what we thought was a dosed alley flagged by a surveyor in
order to have building plans drawn up and in order for Mrs. KIgore to be able to
visually see the new boundary line. However, when Bronson Abstract prepared
the title work to close the sale of Lot 149 it was discovered that said ordinance
had been amended at a later date and did not apply to this alley.
02/11/04 17:17 FAX 5014446061 CYN INC
•
Planning Commission
City of Fayetteville
February 11, 2004
Page Two
Therefore we respectfully submit the required documentation for closing
said alley. Further, time is of the essence due to the pending real estate contract
on Lot 14 and the parties respectfully request a final determination as soon as
possible. Thank you for your attention to this matter.
Sincerely,
CyAthiev
D. Nielsen
Manager/Member
C.Y.N., LLC
CDN/ss
!1 M
MARIE E. KILGORE
Trustee for the
Marie E. Kilgore Revocable Trust
P. O. Box 3809
Fayetteville, Arkansas 72702
March 3, 2004
Planning Commission
City of Fayetteville
Fayetteville, Arkansas 72701
RE: Request for Alley Closing
Archias-Bushnell Addition
Dear Planning Commission:
This is to advise that I am the owner of Lots 4 and 5 of the Archias-
Bushnell Addition lying adjacent to the alley for which a request to close has
been submitted. I do not have any objection to this closing. Further, the alley
has not been used as such as long as I have owned the adjacent lots.
Please do not hesitate to contact me if you have any questions.
Sincerely,
00
Marie E. Kilgore, Trustee
Marie E. Kilgore Revocable Trust
CeY.N., LLC
Post lice Box 1364
Fayetteville, AR 72702
March 3, 20004
Planning Commission
City of Fayetteville
Fayetteville, AR 72701
RE: Request for Alley Closing
Archias-Bushnell Addition
Dear Planning Commission:
839-2218 office
409-9618 cell
Please be advised that C.Y.N., LLC, and its members, David H. Kyle and
Cynthia D. Nielsen (husband and wife), are the owners of Lots 3 and 14 lying
adjacent to the alley for which a request to close is being submitted. We have no
objection to the dosing of said existing alley. To the best of our knowledge the
alley has never been used for such purpose by any party.
Please do not hesitate to contact us should we be of any further
assistance.
Sincerel
Cynthia D. Nielsen
Manager/Member
C.Y.N., LLC
CDN/ss
AN ORDINANCE
ARCHIAS - BUSHNELL
ARKANSAS',
ORDINANCE N0, 1779
VACATING AND ABANDONING AN ALLEY IN
ADDITION TO THE CITY OF FAYETTEVILLE,
WHEREAS, a petition was filed with the Board of Directors
of the City of Fayetteville, Arkansas, on the 18th day of
January, 1971, praying that said Board vacate anaabandon
a certain alley in said City, described as follows:
The
North
-South alley
lying between Lots
1 and 2
and
Lot
is in Block 1
in Archias-Bushnell
Addition
in the City of Fayetteville, Washington County,
Arkansas, and extending North from Douglas Street
in said City to Lot 19 in Block 1 in said Addition;
and,
WHEREAS, said Board of Directors, after due notice of
the time and place for the hearing on said petition, heard
all persons desiring to be heard, and determined that the
alley described above was dedicated to public use and that
there no longer exists any reason why said alley should not
be vacated and abandoned as hereinafter set forth, and that
such action will not adversely affect the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. 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
aforesaid alley, except as set forth in Section 2, of this
ordinance, and as a condition to the closing of said alley,
the City shall be freed of all liability from claims made
by abutting owners resulting from the City or any utility
company removing and relocating utilities lines located in
or upon said alley.
SECTION 2. The City of Fayetteville, Arkansas, hereby
retains a temporary sewer easement ter_ feet in width in said
alley, being five feet either side of where said sewer is
now located, and retains a permanent sewer easement over,
tinder, and across the west ten feet of said alley as shown
on the official plat of Archias - Bushnell Addition to the
City of Fayetteville, Arkansas.
2
SECTION 3. A copy of this ordinance, duly certified
by the City Clerk shall be filed for record in the office of
the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, and recorded in the deed records in said office.
SECTION
4.
This
ordinance shall be in
full
force and
effect from
and
after
its passage, approval
and
publication.
PASSED AND APPROVED this 1st day of February ,
19 71
APPROVED:
ATTEST:
Can � aojw
LoVetta Moore, City Clerk—
Ernest E. Lancaster, Asst.Mayor
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ORDINANCE NO. 179S
ly
°. AI•
AN ORDINANCE TO CORRECT THE LEGAL DESCRiM QQ%NTAINED
IN ORDINANCE NO, 1779 PASSED AND APPROVED BY THE'll 013 OF
DIRECTORS OF THE CITY OF FAYETTEVILLF., ARKANSAS, ON FEBRUARY
lit, 1971.
WHEREAS, the Board of Directors of the City of Fayette*
villa, Arkansas, did on the lit day of February, ,
pass and approve Ordinance No. 1779 which contained an
incorrect legal description, anT—
WHEREAS, said legal description should have read as
follows, to -wit:
The North -South alley lying between Lots 1 and 2 and
Lot 13 in Block 1 in Archiss - Bushnell Addition in
the City of Fayetteville, Washington County, Arkansas,
and extending South from Douglas Street in said City
to Lot 19 in Block 1 in said Addition.
and,
WHEREAS, said Board of Directors desires to correct
said legal description. ..
NOW, THEREFORE, BE IT ORDAINED BY THE BOA" OF -DIRECTORS ••+
OF THE CITY OF FAYETTEVILLE, ARKANSAS,
Section 1. That the legal description contained herein
be and the same hereby is substituted for the legal description
found in Ordinance No. 1779
Section 2. That this ordinance shall be in full force and
effect from and after its passage, approval and publication.
PASSED AND APPROVED this 1st day of March
1971.
I
Me 804 MMI .
Aid
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CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYCMVILLE
t
I, IOVLTTA NoORE, City Clerk within and for the City of Fayetteville,
Arkansas, do herehy certify that the annexed and foregoing is ■ true
and een/v�c�t copy of the Fayetteville, Arkansas,hYifi_R. k hQ I%8.5 . , therein set
'forth,` and the aer is as it appears of Record in
%F � � /J�A �• �,�. volume
at t.r`%65 th.roof.
J , IN WITNESS WHEREOF, I have, berarmto
set my hand and affixed sry official,.
seal this 9,1,4 daq'of...
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Overview Legend
Subject Property Boundary Ma$ter Street Plan
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STAFF RLW W FORM - NON -FINANCIAL OBLIPATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM:
Dawn Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
Mav 4.2004
CP&E
Department
VAC 04-07.00: Vacation (Woodall, pp 295) was submitted by Josef Woodall for property located at Lot 13 of
the Archais-Bushnell Addition. The property is zoned RMF-40, Residential Multi -Family, 40 units per acre.
The request is to vacate a 15' alley between Douglas and Taylor Streets west of Gregg Avenue.
STAFF RECOMMENDATION: Approval.
Div lion Ilead D tc
L11 1v/Dy
Cit Attorney I Date
Department Director Date
*iinadce LInternal Services Dir. Date
1i \.2o—
Chief dministrative Officer Date
Mayor Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#1:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Yes No
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WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT, Phil and Judy Phillips Family Limited Partnership, an Arkansas
limited partnership, hereinafter called GRANTORS, for and in consideration of the
sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of
which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City
of Fayetteville, Arkansas, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, a permanent easement to construct, lay, remove, relay,
inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines,
manholes, and appurtenances thereto, on, over, across, and under the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 2004-14402)
Lot Numbered Fourteen (14) of Archias-Bushnell Addition to the City of Fayetteville, Arkansas, as the same is
designated on the plat of said addition now on file in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
Beginning at a point 7.50 feet North 89050'16" West of the Southwest comer of Lot 14 of Archias-Bushnell
Addition to the City of Fayetteville, said point being at the centedine of the vacated alley between lots 3, 4, 5 and
14 of said Archias-Bushnell Addition; and running thence South 89050'16" East along the South line of said
vacated alley and Lot 14, 9.50 feet; thence North 00°03'22" East 95.19 feet; thence North 89050'16" West 9.50
feet; thence South 00003'22" West 95.19 feet to the Point of Beginning, containing 904 square feet, or 0.021
acre, more or less, AND Beginning at a point North 89050'16" West 7.50 feet and North 00°03'22" East
95.19 feet from the Southwest corner of Lot 14 of said Archias-Bushnell Addition to the City of Fayetteville, and
running thence South 89°50'16" East 15.50 feet; thence North 00003'22" East 95.58 feet to the North line of
said Lot 14; thence North 89050'16" West 15.50 feet to the centerline of said vacated alley and thence with said
centerline South 00°03'22" West 95.58 feet to the point of beginning, containing 1,481 square feet, or 0.034
acre, more or less,
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights
herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes
and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above
described for the uses and purposes herein above set forth.
Grantor agrees not to erect any permanent structures in said easement area.
The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
WITNESS the execution hereof on this the day of , 2004.
H. Phil Phillips, Partner
• Taylor Street
Lot 5
Lot 4
Lot 3
Lot 14 Archias-Bushnell
Parcel #765-02359-000
Phil & Judy Phillips Family
Limited Partnership, LLLP
Deed Ref: 2004-14402
Douglas Street
45ly
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT, Phil and Judy Phillips Family Limited Partnership, an Arkansas
limited partnership, hereinafter called GRANTORS, for and in consideration of the
sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of
which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City
of Fayetteville, Arkansas, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, a permanent easement to construct, lay, remove, relay,
inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines,
manholes, and appurtenances thereto, on, over, across, and under the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref: 2004-14402)
Lot Numbered Fourteen (14) of Archias-Bushnell Addition to the City of Fayetteville, Arkansas, as the same is
designated on the plat of said addition now on file in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
Beginning at a point 7.50 feet North 8905016" West of the Southwest comer of Lot 14 of Archias-Bushnell
Addition to the City of Fayetteville, said point being at the centerline of the vacated alley between lots 3, 4, 5 and
14 of said Archias-Bushnell Addition; and running thence South 89050'16" East along the South line of said
vacated alley and Lot 14, 9.50 feet; thence North 00003'22" East 95.19 feet; thence North 89050'16" West 9.50
feet; thence South 0000322" West 95.19 feet to the Point of Beginning, containing 904 square feet, or 0.021
acre, more or less, AND Beginning at a point North 89°50'16" West 7.50 feet and North 0000327 East
95.19 feet from the Southwest comer of Lot 14 of said Archias-Bushnell Addition to the City of Fayetteville, and
running thence South 89050'16" East 15.50 feet; thence North 00°03'22" East 95.58 feet to the North line of
said Lot 14; thence North 89050'16" West 15.50 feet to the centerline of said vacated alley and thencewith said
centerline South 00003'22" West 95.58 feet to the point of beginning, containing 1,481 square feet, or 0.034
acre, more or less,
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights
herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes
and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above
described for the uses and purposes herein above set forth.
Grantor agrees not to erect any permanent structures in said easement area.
The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
WITNESS the execution hereof on this the day of 2004.
H. Phil Phillips, Partner
• Taylor Street •
Lot 5
Lot 4
Lot 3
Lot 14 Archias-Bushnell
�aETASYSiPCb • 111
Phil & Judy Phillips Family
Limited Partnership, LLLP
Deed Ref: 2004-14402
0
CP
Douglas Street
11
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479)575-9323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman�R
City Clerk Division
Date: May 24, 2004
Re: Ordinance No. 4573
Attached is a copy of the above ordinance passed by the City Council, May 18, 2004, approving a rezoning
petition, RZN 04-06.00, for property located north of 18te Street and West of Beechwood Avenue.
This ordinance will
be recorded
in the city clerk's office and microfilmed.
If anything else is
needed please
let the clerk's office
know.
Attachment(s)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, EngineerinTo:
AFFIDAVIT OF PUBLICATION
I, %/ do solemnly swear that I am
Legs 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:
(E
&1>, Z J� r/ __was inserted in the regular editions on
_;
PO# �l
" r Publication Charge: $ �f �__/
Subscribed and sworn to before me this
--- a_5�. - - day of-..._.-_�f4- 2004.
Notary Public
My Commission Expires: 07/4. a&DA
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seat
SEAN-MICHgEL ARGO
Notary PubUr: Arkansas
WASHING-r()N COUNTY
My Commission Expires 07.25-2013
RECEIVED
CITY OF FAVETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE 0 P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
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Page 2 of 2
Phil & Judy Phillips Family Limited Partnership
Water/Sewer Easement
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within
and for said County and State, personally appeared H. Phil Phillips, Partner of the Phil and Judy Phillips Family Limited
Partnership, an Arkansas limited liability limited partnership, to me well known as the persons who executed the foregoing
document, and who stated and acknowledged that he had so signed, executed and delivered said instrument for the
consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2004.
Notary Public
MY COMMISSION EXPIRES:
Page 2 of 2
Phil & Judy Phillips Family Limited Partnership
Water/Sewer Easement
ACKNOWLEDGMENT
STATE OF ARKANSAS
6z1
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within
and for said County and State, personally appeared H. Phil Phillips, Partner of the Phil and Judy Phillips Family Limited
Partnership, an Arkansas limited liability limited partnership, to me well known as the persons who executed the foregoing
document, and who stated and acknowledged that he had so signed, executed and delivered said instrument for the
consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of , 2004.
Notary Public
MY COMMISSION EXPIRES: