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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 "%%' RK/TR4lf!f,� PASSED and APPROVED this 2151 day of February, 2006. E ; FAYETTEVILLE; 3 APPROVED: ATTEST: r%9sy:S;KgNSG�J? /VG O14 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. IXHIbIT « R „ .VAC 06 - 18 7 VAC06- 1897 P ETTU S Close Up View ; , CM 3 T m PI = VV p.D . N l ' I SUBJECT PROPERTY 0 K D KS NS I 1 3 � OJ O3 e I t 6I � p < V a RMo C-2 Im p3 Logond _ SOOO Ov wy oisbin — aOOMAY — soo YEAR o 10U YEAR --- UNT OF STUDY O Fayetteville 0 Outside City VAC &1897 . - Q vatar.ODB.Foop7drd_2004 - 0 45 90 180 270 38 r.. t 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 �60C,) 0n( &Jt ZR - MEMWe Date Printed Name QQ0 47o(� �k 1Bin Uy n PO Address Signa Date Printed Name Address Signature NOTARY OATH STATE OF ARKANSAS ) COUNTY OF WASHINGTON J -0006 7a.�o.>And now on t s the 101 day of �wvw , appeared before me, I�r Adr � Qr and after 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. ArcIMS HTML Viewer Ma 4 00 ,o�Q ?'65^p4434'�44 75-0d1a 5 -0 -765-04443-000 iCKSON ST z a , a � a v ao a r m 765-01666-000 I °r° m -�errov oFA � Lty (off qn Iv l M 765-01667-000 ' 'xto F ille Y r 5-2256 -00 o C) � m 765-01682-000 ✓ 5-0169 -0 $h � ki 765-01670-000 o Qj765-01683-000✓ w 'X 5-01655-00 � v r a '4 V 765-01671 -000 0 765-01681 -000 / -01658-000 6 6 00 5-01660-000 7R,5_n1 R79-OA.n n Map created Wth PrdMS - Copyright (C) 1992-2005 ESRI Inc. c 11 501663-000 " ll e`1 VAS DS � '� Washington County, AR 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 e by OG e City of Fayetteville Staff Review Form VtW 6& 4o'17 City Council Agenda Items �� r tngpyfAj or Yl� J 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.