HomeMy WebLinkAboutOrdinance 4644ORDINANCE NO, 4 6 4 4
AN ORDINANCE APPROVING VAC 04-1228 SUBMITTED
BY HABITAT FOR HUMANITY FOR PROPERTY EAST OF
WASHINGTON AVENUE AND EAST OF 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 right of way 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 20 foot
portion of right of way, retaining the same 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.
PASSED and APPROVED this 161h day of November, 2004.
;FAYETTEVILLE;
ATTEST:
By: I(
SONDRA SMITH, City Clerk
By:
(IIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doe ID: 007927780003 TVD9: REL
Recorded: 12/03/2004 at 11:27:21 AM
Fee Amt: $18.00 Paoe 1 of 3
Mashlnoton Countv. AR
Bette Stamos Circuit Clerk
F11e2004-00049503
EXHIBIT "A"
ONE HUNDRED NINTY THREE FEET OF SOUTH WILLOW AVE. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20 FEET OF SOUTH WILLOW
AVE. LYING EAST OF TRACT `B" AND "C" OF THE LOT LINE ADJUSTMENT OF LOTS
6175 8 AND THE SOUTH 19 FEET OF LOT 9 IN BLOCK 3 OF BERL DODD ADDITION TO
THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. LESS AND
EXCEPT THAT PORTION LAYING WITHIN THE 13T" STREET RIGHT OF WAY.
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Washington County, AR
I certify this instrument was filed on
12/03/2004 11:27:21 AM
and recorded in Real Estate
a 0
NAME OF FILE: Ordinance No. 4644
w/Ex. A
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 One Mile View
5
copy of Close Up View
6
Staff Review Form
7
memo to Dawn Warrick
8
Affidavit of Publication
9
10
11
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
0
/&
City Council Meetin�of NovemberZ2004 �(f
Agenda Item Number
Vx 04
CITY COUNCIL AGENDA MEMO 4,.bAd 1I
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: October 14, 2004
Subject: Easement Vacation for Habitat For Humanity (VAC 04-1228)
Planning Staff recommends approval of an ordinance vacating a portion of South Willow
Avenue.
BACKGROUND
The subject property is located east of Washington Avenue and north of 131h Street. This
portion of South Willow Ave. was platted with the Berl Dodd Addition many years ago.
This portion of South Willow Avenue 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. Utility company representatives are in support of the vacation as long as the
subject property remains in a utility easement.
The Planning Commission voted 7-0 in favor of this request on Monday, October 11,
2004.
BUDGET IMPACT
None.
0
1 : 1 ► : ► 67 *C[I71
AN ORDINANCE APPROVING VAC 04-1228 SUBMITTED BY HABITAT
FOR HUMANITY FOR PROPERTY EAST OF WASHINGTON AVENUE AND
N i!� -;-t OF 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 right of way 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 20 foot portion of right of way, retaining the same 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.
PASSED AND APPROVED this day of 20WoC
APPROVED: Q�N TA
9H
ATTEST:
Sondra Smith, City Clerk
Dan Coody, Mayor
I
EXHIBIT "A"
ONE HUNDRED
NINTY THREE FEET OF
SOUTH WILLOW
AVE. BEING MORE
PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WEST 20 FEET
OF SOUTH WILLOW
AVE. LYING EAST OF TRACT "B" AND "C" OF THE LOT LINE ADJUSTMENT OF LOTS
6, 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. LESS AND
EXCEPT THAT PORTION LAYING WITHIN THE 13T" STREET RIGHT OF WAY.
V
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of October 11, 2004
113 W. Mountain SC
Fayetteville, AR 72701
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 04-1228: Vacation (Habitat for Humanity, pp 563) was submitted by Habitat for Humanity
for lots 6, 7, 8, and a portion of lot 9 of Block 3 of the Berl Dodd Addition located east of
Washington Ave. and north of 13th St.. The property is zoned RMF-24. The request is to vacate the
west 20 feet of South Willow Avenue.
Findings: See the attached maps and legal descriptions for the exact locations of the requested
right-of-way vacation.
Background: This portion of South Willow Avenue was platted with the Berl Dodd Addition
many years ago. The street was never constructed and does not currently function as an access.
Habitat for Humanity currently owns the lots adjacent to this platted street right-of-way.
Request: The applicant requests to vacate this 20 foot portion of existing platted street.
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 No Objections
Arkansas Western Gas No Objections
SW Bell No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
K:\Reporfs\2004\PC Reports\10-11-04\VAC 04-1228 (Willow st).doc
Solid Waste
Engineering
No Objections
No Objections
Utility Comments: The City of Fayetteville Water and Sewer Department and Cox
Communications request that a 20 foot general utility easement be retained in this location in
order to service all current and future utilities.
Recommendation: Staff recommends approval of the proposed alley vacation 04-1227, subject
to the following condition of approval:
1. The legal description for the vacation of South Willow Ave. shall be amended to remove the
built portion of 13 St. prior to this item being placed on the City Council agenda.
2. The described right-of-way vacation shall be retained in a general utility easement.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
October 11, 2004
Comments:
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.
6
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
K:\Reports\2004\PC Reports\10-11-04\VAC 04-1228 (Willow st).doc
I�
Habitat for Humanity of Fayetteville, AR.
July 8, 2004
Reason for Request for Vacation:
The Berl Dodd Addition was plated years ago with Willow Street.
The plated street between South 12a' Street and 13'hStreet has never
been paved or maintained as a street.
We purchased adjoining land on the west side of this plated street.
To the north are duplexes and to the east is Morgan Manor housing.
Morgan Manor has a chain link fence at their property line.
We are building single family dwellings on two lots on the property
to the west.
Since this block will most likely never be paved, we are requesting
a vacation with the twenty (20) feet provided for Willow Street
to be split between Habitat for Humanity and the City of Fayetteville
on the east.
Our families would maintain the property to the cyclone fencing
r
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VAC04-1128 HABITAT FOR HUMANI
One Mile View
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Overview Legend Boundary streets Master Street Plan
--'---"' Subject Property streets Muter SVwt Plan
Planning Area _ EIItM 1=1 F�n
VAC04-1228 0 000 0 Pq nm eve P
Oveday District 1111�1� '4'n MIII al
000000_
Outside City
❑ _ _- � concur
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0 0.1 0.2 0.4 0.6 0.8
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VAC04-1228
Close Up View HABITAT FOR HUMANITY
I •u! ® It m I 13I
J' RMF-24 I
RMF-241 wF_—__—��---
L- I
I •°'1 IaTI tl� I--____".____�J uTH ST
SUBJECT PROPERTY
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Overview Legend
FL
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-- M sftr Sna•t Plan a mh Admlal — tmyY
Maser Str tPlaa
Cdbdar — 500 YEAR
!= Flaeway�W=waY•••• Hlsb COIBdR—'- WAR OF SMOY
— - eaaet ne P je
;s 9�RM VAC04-1228
Fayetteville
_. 0 Owitla (i'ry
_ 0 75 150 300 450 600
Feet
STAFF RE* FORM - NON -FINANCIAL OBLATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting o£ November 16, 2004
FROM:
Dawn T. Warrick
Name
Planning CP&E
Division Department
ACTION REQUIRED: Ordinance
SUMMARY EXPLANATION:
VAC 04-1228 was submitted by Habitat For Humanity for property located east of Washington Avenue and
north of 13th Street. The request is to vacate a portion of South Willow Avenue retaining the same as a utility
easement.
STAFF RECOMMENDATION: Approval.
4//L4L�V ` 1 �/(� Received in Mayor's Office
Date
won Head c to
/
oL
City. orney Date
c) y Cross Reference:
Department Director Date
Finance & Internal Services Dir.
Previous Ord/Res#:
Date Orig. Contract Date:
/OLV
Date
v V017e-
Date
Orig. Contract Number:
New Item:
Yes No
Taye ev e
ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: November 23, 2004
Re: Ord. No. 4644
P
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city—clerk@ci.fayetteville.ar.us
The City
Council passed the above
ordinance,
November 16, 2004, approving VAC 04-1228 for
property
at Washington Avenue and
13"' Street.
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
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 'I of:
P1 Ct 000 .) 44D�tjj was inserted in the regular editions on
"' Publication Charge: $
Subscribed and sworn to
day of
1 tq .oL4
me this
Notary Public
cal-Ierine sail
My Commissi8kN1 rEs;rs�a`t nun•e of y 7r s5 (�
)f My Commission Expires 02V971_ '
CCC(CttCC(C(CCCCCCCO:C000CCCCCCCC[C�
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
V1ECEqED
DES 9
CtTMfY�UEBWSO 0
ORDINANCE NO. 4e44
AN ORDINANCE APPROVING VAC 0VENUE ��� 1�
SUBMITTED BYHABRAT FOR HUMNfTV FOR TT 1
PROPERTY EAST OF WASHINGTON AVENUE Y
AND EAST OF 13TH STREET AS DESCRIBED ON
THE ATTACHED MAP AND LEGAL DESCRIPRON
ARKANSAS'
WHEREAS, the GN Coundl has Vle o nny
Pores A.C.A. § 1, aril 104 to rdrata publlC grounds 0' Pdtbns thereof which ass not required for corn Pointe purposes, end
WHEREAS, the GN COundl has determined that the'000wbg described right of way Is not required for I I
corporate pWosea.
Section 1: That the City of Fayetteville, Arkansas hereby vacstes err ebarrons ell W Its rights together with the rights of the public generally, in and to the folly nndg des&`oW 20 foot portion
Of right of WeY, retaining the seine as a utility eesement:
See Exhibit'A' attached hereto and made s part hereof.
Section 2: That a copy of this Ordinance duty 0e41f0d by the GN Gerk along with the map attested
hereto and labeled Ex bit'B' shed be filed in the offos of the Recorder of the County err recorded in
the Deed Records of the County.
APPROVED this 16th day of November, 2004.
SONDRA SMrTH, City Cferb
EXHIBIT'A'
THREE FEET OF SOUTH WILLOW AVE. BEING MORE
'B' AND 'C' OF THE LOT LINE AA USTME,NT OF LOTS 6, 18 AND THE SOUTH19
IN BLOCK 3 OF BERL DODD ADDITION'? THE CITY OF FAYETTEVILLE, WASHIN
ARKANSAS. LESS NEDCEPTTHAT Ft9TION LAYING WTIHIN THE I3TH STREET
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 •