HomeMy WebLinkAboutOrdinance 4836 Doc ID : 009767800007 Tvoe : REL
Recorded : 03/1 7/2006 at 03 : 18 : 24 PM
Fee Amt : 526 . 00 Pace 1 of 7
Mashlnoton County . AR
Bette Stamps Circuit Clerk
File 2006-00010927
ORDINANCE NO. 4836
AN ORDINANCE APPROVING VAC 06- 1897 SUBMITTED
BY H2 ENGINEERING, INC. FOR PROPERTY LOCATED
SOUTH OF DICKSON, BETWEEN BLOCK AND CHURCH;
VACATING A PORTION OF AN ALLEY ON THE SUBJECT
PROPERTY
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 portion of the platted alley
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 Council of the City of Fayetteville, Arkansas hereby vacates and abandons 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.
Section 3 : That this vacation approval is subject to the conditions of approval listed in the staff report
and Planning Commission recommendations for the City of Fayetteville, and shall not be in effect until all
conditions are met therein.
Section 4: That said vacation is subject to the dedication of a replacement alley and all other terms of
the Bill of Assurance as offered by the applicant to secure the requested vacation.
Page 2
Ord. No. 4836
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PASSED and APPROVED this 2151 day of February, 2006. E ; FAYETTEVILLE; 3
APPROVED: ATTEST: r%9sy:S;KgNSG�J?
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A
By: w By:
DAN OODY, Ma 'r S RA SMITH, City Clerk
EXHIBIT "A"
VAC 06-1897
A PART OF BLOCK NUBERED THREE (3) AS DESIGNATED ON THE ORIGINAL PLAT OF THE TOWN
OF FAYETTEVILLE, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING
CHISELED "X" IN CONCRETE WHERE THE WEST RIGHT-OF-WAY LINE OF BLOCK AVENUE
INTERSECTS THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, SAID POINT BEING
THIRETEEN (13) FEET AND TWO (2) INCHES SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK
AS SHOWN BY SAID ORIGINAL PLAT; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE
OF KICKSON STREET 151 .07 FEET TO AN EXISTING CHISELED "X" AND THE POINT OF
BEGINNING; THENCE S00001 '25"E 136.59 FEET TO A FOUND IRON PIN, THENCE S89058135 "W 14.00
FEET, THENCE N00001125"W 136.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DICKSON
STREET, THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 14.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 1912.00 SQUARE FEET MORE OR LESS.
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Bill ofAssumna
Page I
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for the vacation of an
alley, LYNNKOHN, LLC (hereinafter "Petitioner"), hereby voluntarily offers this
Bill of Assurance and enter into this binding agreement and contract with the
City of Fayetteville, Arkansas.
Petitioner expressly grants to the City of Fayetteville the right to enforce any and
all of the terms of this Bill of Assurance in the Chancery/Circuit Court of
Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or
successors violate any term of this Bill of Assurance, substantial irreparable
damage justifying injunctive relief has been done to the citizens and City of
Fayetteville, Arkansas. Petitioner acknowledges that the Fayetteville Planning
Commission and the Fayetteville City Council will reasonably rely upon all of
the terms and conditions within this Bill of Assurance in considering whether to
approve Petitioners' alley vacation request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF the Fayetteville City Council approves
Petitioner's request to vacate an alleyway on the Property:
1 . The use of Petitioners' property described in Exhibit " A" attached
hereto (the "Property") shall be limited to permitted and conditional uses
allowed in C-3 zoning.
2. Petitioners hereby agree to dedicate, at a location mutually Acceptable
to Petitioners and City of Fayetteville, a twenty (20) foot right-of-way
upon the approval of Large Scale Development acceptable to Petitioner, as
that term is defined by the Unified Development Code of the City of
Fayetteville. Also, Petitioner shall not encumber or obstruct access
through the existing alleyway until a new access is provided.
3. Petitioners specifically agree that all such restrictions and terms shall
run with the land and bind all future owners unless and until specifically
released by Resolution of the Fayetteville City Council. This Bill of
Assurance shall be filed for record in the Washington County Circuit
Clerk's Office after Petitioners request to vacate an alleyway is effective
and shall be noted on any Final Plat or Large Scale Development which
includes some or all of the Property.
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, LYNNKOHN, LLC , as the owners, developers or
Bill of Assumna
Page 2
buyers (Petitioners) voluntarily offer all such assurances and sign our names
below.
LYNNKOHN, LLC
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NOTARY OATH
STATE OF ARKANSAS )
COUNTY OF WASHINGTON J
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7a.�o.>And now on t s the 101 day of �wvw , appeared before
me, I�r Adr �
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being placed upon his/her oath swore or affirmed that he agreed with the terms
of the above Bill of Assurance and signed his name abo Ir .
"NOTARY SE
Brandon Rains, No1�Qppttkgty BLIC
My Commission Expires: Washington County, State of Arkansas
My Commission Expires July 15, 2014.
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I certify this instrument was filed on
03/17/2008 03: 18:24 pM
and recorded in Real Estate
File Number 2008.0001092
Bette stamps . Circuit
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City of Fayetteville
Staff Review Form VtW 6& 4o'17
City Council Agenda Items �� r tngpyfAj
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Contracts
21 -Feb-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required: .
VAC 06- 1897: (Pettus, 484): Submitted by 112 Engineering, Inc., for property located south of Dickson Street, between Block
and Church Street. The property is zoned G3, Central Commercial . The request is to vacate a portion of an alley on the
subject property.
N/A N/A N/A
Cost of this request Category/Project Budget Program Category / Project Name
N/A N/A N/A
Account Number Funds Used to Date Program / Project Category Name
N/A N/A N/A
$ 71
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department OirecTor Date Original Contract Date: n/a
Original Contract Number: n/a
2 - 3 - ate
City Attor
Received in City Clerk's Office ENTERED
,/ a O
�I Z -3 , 1>
F(ha: an ?Internal Service Director Date
/ Received in Mayor's Office
ENTERED
61626
Ma or Date
Comments:
City Council Meeting of February 21 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: January 27, 2006
Subject: Easement Vacation for Pettus (VAC 06- 1897)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of an alley
located south of Dickson Street, between Block and Church Streets, as depicted herein.
BACKGROUND
The subject property is an existing alley right-of-way (approximately 10' in width)
located immediately south of Dickson Street between Block and Church Streets in
downtown Fayetteville. This alley is currently used by adjacent property owners on
either side of the alley. Though very narrow, for some of the property owners the subject
alley is the only means of direct vehicular access into their property.
The applicant' s request is to vacate a portion of the alley right-of-way in order to develop
the property on either side of the alley. The applicant proposes to dedicate a new public
alley through their property to Church Street as depicted in drawings attached to the staff
report . Staff recommends approval of this vacation request based on findings stated
within the attached staff report, finding that the proposed new access will provide the
same, if not improved level of access to all properties in question.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners. No objections were submitted. This item was heard at the regular Planning
Commission on January 23 , 2006. The Planning Commission voted 9-0-0 to recommend
this vacation request to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 06- 1897 SUBMITTED
BY H2 ENGINEERING, INC. FOR PROPERTY LOCATED
SOUTH OF DICKSON, BETWEEN BLOCK AND CHURCH;
VACATING A PORTION OF AN ALLEY ON THE SUBJECT
PROPERTY
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 portion of
the platted alley 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 Council of the City of Fayetteville, Arkansas hereby vacates
and abandons 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.
Section 3 : That this vacation approval is subject to the conditions of approval listed
in the staff report and Planning Commission recommendations for the City of Fayetteville,
and shall not be in effect until all conditions are met therein.
Section 4: That said vacation is subject to the dedication of a replacement alley and
all other terns of the Bill of Assurance as offered by the applicant to secure the requested
vacation.
PASSED and APPROVED this 21 ' day of February, 2006.
APPROVE:
By:
(� DMi
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06- 1897
A PART OF BLOCK NUBERED THREE (3) AS DESIGNATED ON THE ORIGINAL PLAT
OF THE "TOWN OF FAYETTEVILLE, ARKANSAS, DESCRIBED AS FOLLOWS:
BEGINNING AT AN EXISTING CHISELED "X" IN CONCRETE WHERE THE WEST
RIGHT-OF-WAY LINE OF BLOCK AVENUE INTERSECTS THE SOUTH RIGHT-OF-WAY
LINE OF DICKSON STREET, SAID POINT BEING THIRETEEN ( 13) FEET AND TWO (2)
INCHES SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK AS SHOWN BY SAID
ORIGINAL PLAT; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF
KICKSON STREET 151 .07 FEET TO AN EXISTING CHISELED "X" AND THE POINT OF
BEGINNING; THENCE S00°01 '25"E 136.59 FEET TO N>FOUND IRON PIN, THENCE
S89058'35 "W 14.00 FEET, THENCE N00001 '25"W 136:57 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF DICKSON STREET, .THENCE EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE 14.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1912.00
SQUARE FEET MORE OR LESS.