HomeMy WebLinkAboutOrdinance 46370 0
ORDINANCE NO. 4 6 3 7
AN ORDINANCE APPROVING VAC 04-1227 SUBMITTED
BY HABITAT FOR HUMANITY FOR PROPERTY LOCATED
AT 2219 223 AND 225 EAST 13TH 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 1 s` day of November, 2004.
ATTEST:
By61�
&9-
SONDRA SMITH, City Clerk
Doc
Recorded: 112/03 2004 atT11:25:41 AM
Fee Amt: $14.00 Paae 1 of 3
Mashlnaton Countv. AR
Bette Stamos Circuit Clerk
F11e2004-00049496
4
• 0
EXHIBIT "A"
BEGIN AT THE FOUND 5/8" REBAR WITH YELLOW PLASTIC CAP WHICH MARKS THE
NORTHWEST CORNER OF LOT TEN (10) IN BLOCK SIX (6) IN BERL DODD ADDITION
TO THE CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON THE PLAT OF SURVEY
OF LOTS EIGHT (8), NINE (9), AND TEN (10) IN SAID BLOCK SIX (6) OF SAID BERL
DODD ADDITION RECORDED IN LAND TITLE RECORD 2002-180084 OF THE RECORDS
OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS AND RUN THENCE SOUTH 0000V22" EAST ALONG THE WEST LINE OF
LOTS EIGHT (8). NINE (9) AND TEN (10) A DISTANCE OF 174.00 FEET TO A FOUND 5/8"
REBAR WITH YELLOW PLASTIC CAP WHICH MARKS THE SOUTHWEST CORNER OF
LOT EIGHT (8); THENCE SOUTH 89°49'07" WEST A DISTANCE OF 10.00 FEET TO THE
SOUTHEAST CORNER OF LOT THREE (3) IN SAID BLOCK SIX (6) OF SAID BERL DODD
ADDITION; THENCE NORTH 00'01'22" WEST ALONG THE EAST LINE OF LOTS ONE
(1), TWO (2) AND THREE (3) IN SAID BLOCK SIX (6) OF SAID BERL DODD ADDITION
A DISTANCE OF 174.00 FEET TO THE NORTHEAST CORNER OF SAID LOT ONE (1) IN
SAID BLOCK SIX (6) OF SAID BERL DODD ADDITION; THENCE NORTH 89°49'07" EAST
A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1740
SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
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Washington County, AR
I certify this Instrument was filed on
12/03/2004 11:25:41 AM ,
and,recorded in Real Estate
File,Number 2004-00049498
B t S mps - Circuit Clerk
I
r
0
NAME OF FILE: Ordinance No. 4637
w/Ex. A & B
CROSS REFERENCE:
Item # Date Document
1
10/14/04
memo to mayor & City Council
2
draft ordinance
3
memo to Planning Commission
4
copy of Adjacent Property Owner Notification Form
5
copy of Adjacent Property Owner Notification Form
6
copy of Vicinity Map
7
copy of Close Up View
8
copy of One Mile View
9
Staff Review Form
10
memo to Dawn Warrick
11
Affidavit of Publication
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
12/3/04 filed at Wash. Co. Circuit Clerk office
lI III b�
City Council Meetinoif November 2, 2004 'yG 3 7
Agenda Item Number
CITY COUNCIL AGENDA MEMOoy �1ZZ7
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director �i
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: October 14, 2004
Subject: Easement Vacation for Habitat For Humanity (VAC 04-1227)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of an existing
alley located east of Washington Avenue and soutth of 13'h 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 south 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.
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.
The Planning Commission voted 7-1 in favor of this request on Monday, October 11,
2004.
BUDGETIMPACT
None.
gREpED
�4�
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 04-1227 SUBMITTED BY HABITAT
FOR HUMANITY FOR PROPERTY LOCATED AT 221, 223 AND 225 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:
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 2U
APPROVED: lo
DO
Dan Coody, Mayor
ATTEST:
Sondra Smith, City Clerk
0
EXHIBIT "A"
BEGIN AT THE FOUND 5/8" REBAR WITH YELLOW PLASTIC CAP WHICH MARKS THE
NORTHWEST CORNER OF LOT TEN (10) IN BLOCK SIX (6) IN BERL DODD ADDITION
TO THE CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON THE PLAT OF SURVEY
OF LOTS EIGHT (8), NINE (9), AND TEN (10) IN SAID BLOCK SIX (6) OF SAID BERL
DODD ADDITION RECORDED IN LAND TITLE RECORD 2002-180084 OF THE RECORDS
OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS AND RUN THENCE SOUTH 00001'22" EAST ALONG THE WEST LINE OF
LOTS EIGHT (8), NINE (9) AND TEN (10) A DISTANCE OF 174.00 FEET TO A FOUND 5/8"
REBAR WITH YELLOW PLASTIC CAP WHICH MARKS THE SOUTHWEST CORNER OF
LOT EIGHT (8); THENCE SOUTH 89°49'07" WEST A DISTANCE OF 10.00 FEET TO THE
SOUTHEAST CORNER OF LOT THREE (3) IN SAID BLOCK SIX (6) OF SAID BERL DODD
ADDITION; THENCE NORTH 00'01'22" WEST ALONG THE EAST LINE OF LOTS ONE
(1), TWO (2) AND THREE (3) IN SAID BLOCK SIX (6) OF SAID BERL DODD ADDITION
A DISTANCE OF 174.00 FEET TO THE NORTHEAST CORNER OF SAID LOT ONE (1) IN
SAID BLOCK SIX (6) OF SAID BERL DODD ADDITION; THENCE NORTH 89°49'07" EAST
A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1740
SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of October 11, 2004
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-575-8264
PLANNING DIVISION CORRESPONDENCE
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 11, 2004
VAC 04-1227: Vacation (Habitat for Humanity, pp 563) was submitted by Habitat for
Humanity for lots 8, 9,and 10 in Block 6 of the Berl Dodd Addition located east of
Washington Ave. and south of 13th St.. The property is zoned RMF-24. The request is to
vacate the existing 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.
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
Ozarks Electric No Objections
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections
,•
)0
CITY OF FAYETTEVILLE:
Water/Sewer
Transportation
Solid Waste
Engineering
RESPONSE
No Objections
No Objections
No Objections
No Objections
Recommendation: Staff recommends approval of the proposed alley vacation 04-1228.
PLANNING COMMISSION ACTION:
Date:
October 11, 2004
Comments:
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.
Im
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: November 2, 2004
Petition To Vacate an Alley Located in Lots 8, 9 and 10 Block 6
In Burl 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 Lots 8, 9 and 10 Block 6
in 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 ' En Lot 6 &
Lot 7 Block 6, W/2 lot 6 & W/2 Lot 7 Block 6, Lot 4 Block 6, Lot 3 Block 6, EI/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 IOA, 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.
Dated this day of TLGG `/ 2004
signature
printed name
signature
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Address / location of vacation: �7 /
Adjacent property address: v
Lot: Block: 6
a-7
REQUESTED VACATION:
Subdivision: �
I have been notified of the petition to vacate the following (a1 easement, right-of-way), described as follows:
i
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.
! Y� 0 s
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February 2004
Page 6
J SECEIVED
AUG 2 0 2004
IA� CITY OF FSOFFICE
CRCY CLERICWS OFFICE
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND Id
EASEMENT VACATION. REQUESTS (�
Date: o.f�j/GLli1 D o%Jo T
If
Address /location of vacation:- � ,gF 7 —
Adjacent property address: ,`t/, Al .;F bzl A . 7 �g glq20L A 46FIf
Lot: a. Block. {O Subdivision:
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right -of -wiry), described as follows:
See Attached Description
ADJACENT PROPERTY OWNERS COMMENTS:
O I have been notified of the requested vacation and decline to coiuitient.
O I do not object.to the vacation described above.
O I do object to the requested vacation because:
_ %l (f _ e /r /7 n _
q�o.L
Name of Property Owner
Signature of Property Owner /`j
:ECEIVED
AUGoU 2004
FZS Z4�e 4!�- /-0 BE
ew1
February 1004
Page 6
This alley is a health hazard. The city has neglected it for many years. This
alleyway is a drainage ditch that the city has not maintained. The city should be
required to perform maintenance on it before it is turned over to private property
owners. There is much debris at the south end preventing the drainage to occur
and causing stagnant water and dangerous mosquito breeding. Once it is divided
into private ownership, I will not be able to clean the debris from someone else's
property.
My fear is that the city will come in with large equipment and destroy trees
that are the only things helping the situation right now:; I do*�notWant- a
single treeremoved:..ust clear the stoppage at the south end so we can trench the
drainage toward something... I would rather -nothing be done than trees destroyed.
If any maintenance is to be preformed, please notify me in advance
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Close Up Vew HABITAT FOR HUMAN
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STAFF REVIEW FORM - NON -FINANCIAL OBLATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of: November 2, 2004
FROM:
Dawn T. Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
a
Department
VAC
04-1227 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, public alley way.
STAFF RECOMMENDATION: Approval.
Division Head
C omey
Received in Mayor's Office 10 IS•0
Date Date v
/d— 2d- 04
Date
t ��j. /S-6Y Cross Reference:
Department Director Date
Finance & Internal Services Dir.
Previous Ord/Res#:
O - Yo-�
Date Orig. Contract Date:
Orig. Contract Number:
Date
New Item:
Date
Yes No
FAYETTE,ILLE 0
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_clerk@ci.fayetteville.ar.us
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: November 9, 2004
Re: Ordinance No. 4637
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
ICI /. I /' � .ter,•;.. � t
N
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:
o1iJ 4q was inserted in the regular editions on
RZILOrkilk C`1-
PO# l — '�)0
** Publication Charge: $ g
Subsc,r'ib�•ed and sworn to befor me this
day of J, 2004.
�IJL•t't'lX/��Q -
Notary Public
�e«« etrr«eten�teseee��
My Commission:Expires`' C°therineSall s
art' sr c ofAzk.ns&
%shingtonCounty ,
mty Commission Fz ,ircs 02/27
ccctu• o;.<auc<:<cc: c c c c; ;;.;c.,., c c•,
** Please do not pay from Affidavit.
An invoice will be sent.
RECENED
Nov 1 � 2ooa
CITY OF FAYETTEVILLE
OIV 'LeSKsOFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501) 442-1700
ORDINANCE NO. 4637
AN ORDINANCE APPROVING VAC D4.1227 SUBMITTED SENSE
BY HABITAT FOR HUMANITY FOR PROPERTY UOCAT- /}
ED AT 221, 223 AND 225 EAST 13TH STREET AS Y DESCRIBED ON THE ATTACHED MAP AND LEGAL
DESCRIPTION AP KAHSAS
W MtBASg Pie City Coat hse I e euNWty iai0er A.CA. § 14-54-104 M vacate publk grounds or
portons ttieraof which are not reddrecl for corporate poposes, aml
WHEREAS, Vie City Gout has de &TnuW that Ve bnov*g dascil0ed eley Is tot mulred farm -
Poona p uposes.
NOWT THEREPOFMo BE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF PAYET-
TEVILLE, ARKANSAS.
Section 1: That Ve City of Fayettwfift. Arkansas hereby vacates ana abarclo s all of e3 rights togetner
with the rights of the pubes generally, h and to the falbvMng descnbe0 allay way, rearing a pubfic utE-
ty easement: are
Sea Exhbtt'A' anachad hereto and made a pert here0/.
Section 2: That a copy of the On ina ce duty cortif e0 by the City Clerk along with the map enacted
hereto and! labeled E41bil'B' shall be filed In the office of the Recorder of are County and recorded in
the Deed Records of no Oomty.
PASSED and APPROVED this let day of NWonler, 2004,
APPROVED:
By.
DAN GOODY, Mayor
ATTEST:
By:
SONORA SMRN. Clio ClarA
;D<HIBfT'A'
BEGIN AT THE FOUND 5M' REBAR WITH YELLOW PLASTIC CAP WHICH MARKS THE NORTHWEST
CORNER OF LOT TEN (10) IN BLOCK SIX (6) IN BERL DODD ADDITION TO THE CRY OF FAYET-
TEVILLE, ARKANSAS AS SHOWN ON THE PLAT OF SURVEY OF LOTS EIGHT (8), NINE (9)• AND TEN
(10) IN SAID BLOCK SIX (e) OF SAID. BERL DODD ADDITION RECORDED IN LAND TIRE RECORD
2002-180084 OF THE RECORDS OF THE CIRCUIT CLERK AND EX-OFRCIO RECORDER OF WASH-
INGTON COUNTY, ARKANSAS AND RUN THENCE SOUTH 00°01'22' EAST ALONG THE WEST UNE
OF LOTS EIGHT (8), NINE (9) AND TEN (10) A DISTANCE OF 174.00 FEET TO A FOUND 5/8- REBAR
WITH YELLOW PLASTIC CAP WHICH MARKS THE SOUTHWEST CORNER OF LOT EIGHT (8)
THENCE SOUTH 89°49'07' WEST A DISTANCE OF 10.00 FEET TO THE SOUTHEAST CORNER OF,
LOT THREE (3) IN SAD BLOCK SIX (6) OF SAID BERL DODD ADOPTION; THENCE NORTH 00'01'220I
WEST ALONG THE EAST LINE OF LOTS ONE (1), TWO (2) AND THREE (3) IN SAID BLOCK SIX (fi) OFI
SAID BERL ROOD ADDITION A DISTANCE OF 174.00 FEET TO THE NORTHEAST CORNER OF SAD,
LOT ONE(1)IN SAID BLOCK SV (e) OF SAID BERL DODD ADDITION; THENCE NORTH 49'07'
EA14 DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1740 SOUARE FEET
OR 5:04 ACRES, MORE OR LESS. I