HomeMy WebLinkAboutOrdinance 4636ORDINANCE NO, 4 6 3 6
AN ORDINANCE APPROVING VAC 04-1226 SUBMITTED
BY HABITAT FOR HUMANITY FOR PROPERTY LOCATED
AT 222, 224 AND 226 EAST 13T" STREET AS DESCRIBED
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 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 all of
its rights together with the rights of the public generally, in and to the following described alley
way, retaining a public utility easement; and
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.
PASSED and APPROVED this I" day of November, 2004.
By:
COODY,
ATTEST:
By:
SO DRA SMITH, City Clerk ;FAYETTEVILLE:
Doc
Recorded: 112/03/200403
tT11:25:12 AM
Fee Amt: $14.00 Pace 1 of 3
Washlncton Countv. AR
Bette Stamos Circuit Clerk
F14004-00049495
•
EXHIBIT "A".
ALL OF A 10 FOOT ALLEY LYING WEST OF TRACT "A" AND "C" OF THE LOT LINE
ADJUSTMENT OF LOTS 65 79 8 AND THE SOUTH 19 FEET OF LOT 9 IN BLOCK 3 OF
BERL DODD ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS.
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Washington County, AR
I certify this instrument was filed on
1210312004 1125.12 AM
and recorded in Real Estate
File`Number 2004-00049495
rtimuit Clerk
by
r
NAME OF FILE: Ordinance No. 4636
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1
10/11/04
memo to mayor & City Council
2
draft ordinance
3
memo to Planning Commission
4
copy of easement vacation plat
5
copy of utility approval form
6
copy of street & alley easement vacation plat
7
copy of Utility Approval Form
6
copy of Adjacent Property Owner Notification Form
9
copy of Adjacent Property Owner Notification Form
10
copy of One Mile View
11
copy of Close Up View
12
Staff Review Form
13
memo to Dawn Warrick
14
Affidavit of Publication
15
16
17
16
19
20
21
22
23
24
25
NOTES:
1 12/3/041 Ifiled at Wash. Co. Circuit Clerk office
City Council Meetin*November 2, 2004
Agenda Item Number
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director C L
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: October 14, 2004
Subject: Easement Vacation for Habitat For Humanity (VAC 04-1226)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of an existing
alley located east of Washington Avenue and north of 131h Street. This portion of alley
was platted with the Berl Dodd Addition many years ago.
BACKGROUND
The subject property is located east of Washington Avenue and north of 13`h Street. This
portion of alley was platted with the Berl Dodd Addition many years ago. The alley was
never constructed and does not currently function as an access. Habitat for Humanity
currently owns the lots adjacent to this alley and is constructing single family homes.
DISCUSSION
The applicant has submitted the required notification forms to the adjacent property
owners. The majority of adjacent property owners consent to this vacation, however, two
adjacent property owners did object to the vacation. The primary concerns of these
adjacent property owners were regarding drainage. However, staff has found that
vacating the subject alley will not affect drainage anymore than leaving it as a public
alley way. .11
The Planning Commission voted 7-1 in favor of this request on Monday, October 11,
2004.
BUDGETIMPACT
None.
82b
/// 1 loy
Y(� 36
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ORDINANCE NO.
AN ORDINANCE
APPROVING VAC 04-1226
SUBMITTED BY
HABITAT
FOR HUMANITY
FOR PROPERTY LOCATED
AT 222, 224 AND
226 EAST
13' STREET AS DESCRIBED 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 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 all of
its rights together with the rights of the public generally, in and to the
following described alley way:
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.
PASSED AND APPROVED this day of , 20a�
APPROVED: DRA
ATTEST:
IC
Sondra Smith, City Clerk
M
Dan Coody, Mayor
• 9
EXHIBIT "A"
ALL OF A 10 FOOT ALLEY LYING WEST OF TRACT "A" AND "C" OF THE LOT LINE
ADJUSTMENT OF LOTS 63 7, 8 AND THE SOUTH 19 FEET OF LOT 9 IN BLOCK 3 OF
BERL DODD ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS.
,•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of October 11, 2004
113 W. Mountain St.
Fayetteville, AR Mill
Telephone: 479-575-8264
TO: Fayetteville Planning Commission Members
FROM: Leif Olson, Associate Planner
Matt Casey P.E. Staff Engineer
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: October 6, 2004
VAC 04-1226: Vacation (Habitat for Humanity, pp 563) was submitted by Habitat for Humanity
for lots 6, 7, and 8 of Block 3 of the Berl Dodd Addition located east of Washington Ave. and north
of 13"i St.. The property is zoned RMF-24. The request is to vacate the existing 10 foot public alley.
Findings: See the attached maps and legal descriptions for the exact locations of the requested
utility easement vacation.
Background-, This portion of alley was platted with the Berl Dodd Addition many years ago.
The alley was never constructed and does not currently function as an access. Habitat for
Humanity currently owns the lots adjacent to this alley and is constructing single family homes.
Request: The applicant requests to vacate this portion of existing alley.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
AEP/SWEPCO I - No Objections . '
Arkansas Western Gas No Objections
SW Bell No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
K:\Reports\2004\PC Reports\10-11-04\VAC 04-1226 (Habitat Alley).doc
1�
Engineering
No Objections
Public Comment: The applicant has submitted the required notification forms to the adjacent
property owners. The majority of adjacent property owners consent to this vacation, however,
two adjacent property owners did object to the vacation. These objections are included in the
staff report.
Recommendation: Staff recommends approval of the proposed alley vacation 04-1226.
PLANNING COMMISSION ACTION:
Date:
October 11, 2004
yes Required
Approved Denied
The "CONDITIONS OF APPROVAL", beginning on page two of this report, are accepted
in total without exception by the entity requesting approval of this development item.
C
Title
rM
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
K:\Reports\2004\PC Reports\ 10-1 1-04\VAC 04-1226 (Habitat Alley).doc
Habitat for Humanity of Fayetteville, AR.
July 8, 2004
Reason for Request for Vacation:
The Berl Dodd Addition was plated years ago with alleys.
The Alley is not currently being used by the adjacent homeowners as an Alley.
The Alley has fully grown trees and native vegetation covering the area.
Our Proposal is to vacate the Alley and for the land to be maintained
by Habitat for Humanity and the adjoining property owners.
We propose to vacate the Alley with the adjoining lot owners.
Petition To
Vacate an Alley Located in "Tract
A, A part of Lot 6 and
Lot 7, Tract
B Lot 6
and Lot 7, Tract C Lot 8
and a part of Lot 9 in Block 3 of Beryl Dodd
Addition to
the City
of Fayetteville, Arkansas,
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 in "Tract A, A part of Lot 6 and Lot 7 in Block
3, Tract B Lot 6 and 7, Tract C Lot 8 and a part of Lot 9 of Burl Dodd Addition, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a Alley which is described as
follows: 10 feet that runs west of the above described property, per Plat of lot line adjustment.
That the abutting real estate affected by said abandonment of the alley are "E/2 Lot 6 &
Lot 7 Block 6, W/2 lot 6 & W/2 Lot 7 Block 6, Lot 4 Block 6, Lot 3 Block 6, El/2 Lots 1-2
Block 6, Lots 4-5 Block 3, South 19ft Lot 2 Lot 3 Block 3, Lots 1 & 10 pt Lots 2 & 9
Block 3, NE SW NW 10A, SE SW NW 10A, Burl Dodd 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.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above
described real estate, subject, 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 easements of the public for use of said alley.
Daled ,o9 day of 52004
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UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: Zy �eW ;:'�O//_
UTILITY COMPANY:
r
REQUESTED VACATION (applicant must check all that apply):
❑ Utility Easement
I Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following (alley, easemeni, right-of-way), described as follows:
General location / Address: Vr .� S/- r),r��,4 Zq?� 1ay-7 SS_
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation(s) described above.
I� No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
I9J M M nl l Al ri FoLk t.41,0 13-1 (' flS FM P'A11" R I JSSI RL' -
Title
February 2004
Page 5
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UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: Z4 n-.�90 14'-'
UTILITY COMPANY:
REQUESTED VACATION (applicant must check al/ that apply):
❑ Utility Easement
l� Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following (alley, easement; right-of-way), described as follows:
General'location / Address: V�, ,2' 4L 7� / �,
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation(s) described above.
I� No objections to the vacations) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
MtiS I A"' Mtj Fut t L.rUDA FASEM CALLIL AzI5S&&
1-LINU R-C L- A-t LA Nt J-b 6G-W c2
Signature
Title
February 1004
Page 5
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: �/.LLy O 455-em
Address / location of vacati
Adjacent property address
Lot Block: 1p Subdivision:b—
a- d
7
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
See Attached Description
ADJACENT PROPERTY OWNERS COMMENTS:
O I have been notified of the requested vacation and decline to comment.
O I do not gbi= to the vacation described above.
O I do object to the requested vacation because:
O9z
February 2004
Page 6
' VCEIVED
AUG 2 0 2004
CITYOF RILE
CITY CLERICS MS OFFICE
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND 0
EASEMENT VACATION REQUESTS
Date:
Address / location of vacation: ,2,:2 2
a IqI244�c2
Adjacent property address: 4!,yet7 . A, 8
Lot: /j oA Block: !O Subdivision: .
Up
NO G . •0
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
See Attached Description
ADJACENT PROPERTY OWNERS COMMENTS:
O I have been notified of the requested vacation and decline to comment.
O I do not object to the vacation described above.
O I do object to the requested vacation because:
�' 7
(t
Name of I
I
ty Owner
Signature of Property Owner
2 ALL
February 2004
Page 6
VAC04-1226 HABITAT FOR HUMANITY
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STAFF REV• FORM - NON -FINANCIAL OBLIPTION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM
Dawn T. Warrick Planning
Name Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
November 2.2004
CP&E
Department
VAC
04-1226 was submitted by Habitat For
Humanity
for
property located east
of Washington Avenue and
north
of 13th Street. The request is to vacate
a platted,
yet
never constructed, 10
foot public alley way.
STAFF RECOMMENDATION: Approval.
Division Head
Date
��4/ /J" 8d- 04
Cit ttomey Date
Department Director Date
XI id ,h"
mfice & Internal Services Dir.
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Date Orig. Contract Date:
/ - y Orig. Contract Number:
Date
New Item:
Date
0-IS 06
Date
Yes No
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575.8323
Fax: (479) 718-7695
DEPARTMENTAL CORRESPONDENCE city_cIerk@ci.fayetteviIIe.ar.us
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman"
City Clerk Division
Date: November 9, 2004
Re: Ordinance No. 4636
The City Council approved an ordinance November 1, 2004, vacating an alley way for
Habitat for Humanity. I have attached a copy of that ordinance.
This ordinance
will be
recorded in the city
clerk's office and microfilm.
If anything else is
needed please
let the
clerk's office know.
Thanks.
/cbp
attachments
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
NORTHWP§T ARKANSAS &ITION
,
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
1.
Lega 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:
> I was inserted in the regular editions on
PO# W-'Anol
** Publication Charge: $ C4
Subscribed and sworn to befor me this
n�� ))
day of 4,t�i�2f�, 2
Notary Public
M Commission;Ey� atherinesal1 0�
y �Y:d& StataufArkansas Washington County ,
My Commission Expires 02/27/05
«Coco c I avi «cc«<c«c«cala
** Please do not pay �rom .1�idavil.
An invoice will be sent.
RECEIVED
NOV 15 2004
CRY CLERICS OFFICE
ORDINANCE NO. e&7E
AN ORDINANCE APPROVING VAC 044228 SUBMITTED
BY HABITAT FOR HUMANITY FOR PROPERTY Ll'
ED AT 222, 224 AND 228 EAST 13TH STREET AS
DESCRIBED ON THE ATTACHED MAP AND LEGAL
ye e le
ARxA N 5A5
INOW, THEREFORE, BE R ORDAINED EY THE CRY COUNCIL OF THE ORY OF FAYET-
TEWLLE, ARKANSAE,
Sector 1: That M8 Clty d Fayetteville. Ark,Tsas hereby vacates and eberdfor aA of Its rights fogethp with the rights of the pubic genaratN, In end to this fOlOWN descnbed slay waY• retaihrg a pudic ulili-
tY sesemert: and11
EMibit'A' attachod hereto and made a part hereof.
Section 2: That a COPY of this Ordinance duN certified try fire GN Oerk along with the map attach hereto and labeled Ethbit'B' shal Do Oed n the office of the Recorder Oi the County end recorded the Deed Records of the County.
PAEEED � APPROVED the tat day Of Nowrnbw,, 2004,
ATTEST:
By
EONDRA EkUTH, CIpy Clerk
EXHIBIT'A'
110 FOOT ALLEY DING WEST OFTRACT'q' D'C'OF THE L(
T. 8 AND THE SOUTH 10 FEET OF LOT 9IN'LOCK 3 OF BERL
FAYEFfEyILLE. WASHINGTON COUNTY, ARKc14SAS.
212 NORTH EAST AVENUE 9 P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700