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HomeMy WebLinkAboutOrdinance 4993 Doc ID : 011020330004 TVDe : REL Recorded : 04/06/2007 at 03 : 36 : 16 Ph Fee Amt : $17 . 00 Pane 1 of 4 Nashlnoton Countv . AR Bette Stamps Circuit Clerk F11e2007-00013095 ORDINANCE NO. 4993 AN ORDINANCE APPROVING VAC 06-2364 SUBMITTED BY MANDY BUNCH FOR PROPERTY LOCATED NORTH OF 5T" STREET AND SOUTH OF ARCHIBALD YELL, BETWEEN SOUTH SCHOOL AVENUE AND SOUTH LOCUST AVENUE, VACATING THE 12' 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 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 platted alley: See Exhibit `B" 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 "A" 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 as follows, and shall not be in effect until all conditions are met herein. 1 . Any relocation of existing utilities shall be at the owner/developer's expense. 2. Utility easements to be granted along the north and west sides of the subject property per comments from Southwestern Electric Power Company. 3 . The existing storm drain pipe and open ditch within the alley shall be centered within a 20- foot drainage easement on the subject property, unless the pipe is relocated at the owner/developer's expense. Relocation of the storm drain pipe and dedication of easement thereon shall be with the approval of the City Engineer. Y 0 SGS PASSED and APPROVED this 20'' day of March, 2007. FAYE7TEVILLE ; C:l :, APPROV ATTEST: -9�tikANSPJ?,�� lo By: By: 8t>,nd&A, 8 DAN COODY, May SONDRA SMITH, City Clerk/Treasurer SAL DV- 1J. 1 ARfJ/IWD YaL stun. r / ❑ , ' o° o fsc (fiz• LM V}ICATIO em^. AWA am&xa* y ARFq 0.14A076f I . ........ .. ,47H57ROT as ..+. .. .......... ..... . .. .... ... ... ...... . rx R7• EXHIBIT `B" VAC 06-2364 SURVEY DESCRIPTION OF 12' ALLEY TO BE VACATED: DESCRIPTION # 1 : A TRACT OF LAND BEING A PART OF BLOCK 11 OF THE FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE AS RECORDED IN PLAT BOOK 4 AT PAGE 203. SAID TRACT OF LAND BEING A PART OF THE SEU4 OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF BLOCK 10 OF SAID FERGUSON'S ADDITION, A CHISELED HOLE IN CONCRETE BEARS S03025125"W 5 .00 FEET; THENCE NO3025'25 "E 40.01 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 11 BEING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF W. FIFTH STREET (45'R/W) AND THE WEST RIGHT-OF-WAY LINE OF S. LOCUST AVENUE (60'RNV); THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE N87°42'33 "W 144.03 FEET TO THE SOUTHWEST CORNER OF LOT 6 OF SAID BLOCK 11 AND THE POINT OF BEGINNING; THENCE CONTINUING N87°42'33 "W 12.00 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK 11 ; THENCE NO3°25'25 "E 150.03 FEET TO THE NORTHEAST CORNER OF LOT 9 OF SAID BLOCK 11 ; THENCE S87°42'33 "E 12.00 FEET TO THE NORTHWEST CORNER OF LOT 4 OF SAID BLOCK 11 ; THENCE S03°25'25"W 150.03 FEET TO THE POINT OF BEGINNING, CONTAINING 1 ,800 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. DESCRIPTION #2: A TWELVE ( 12) FOOT WIDE PLATTED ALLEY DESCRIBED AS CENTERED ALONG THE COMMON PROPERTY LINES OF LOTS 1 , 29 3 , 10, 11 AND 12 OF BLOCK 11 OF FERGUSON' S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. Washington County, AR I certify this instrument was filed on 04/06/2007 03:36:16 PM and recorded in Real Estate File Number 2007-0001309 Bette Stamps - Circuit I by Arkansas Democrat 005azeW Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: Ordinance 4993 Was inserted in the Regular Editions: March 31 , 2007 Publication Charge: $ 137 . 15 Subscribed and sworn -to before me Thisday of 6 OAL , 2007. Notary Public �LC�L�CL My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas MY Commission Expires October 18, 2014 RECEIVED APR 0 6 2007 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 4993 Mr ORDINANCE NDY BUNCH VAC 08PROP SUB- ** HRT ; BY MALADY BUNCH FOR PROPERTY � / LOCATED NORTH OF STH STREET AND SOUTH a Ju e OF ARCHIBALD YELL, BETWEEN SOUTH ARKANSAS SCHOOLAVENUE AND SOUTH LOCUSTAVENUE, VACATING THE 12' ALLEY ON THE SUBJECT PROPERTY. WHEREAS, Ne City Council hes the authgdty under A.C.A. $ 14-54104 to vacate public grounds or porton4 blared which are Iron required for corporate W MMus; and WHEREAS, the City Council hes determined Nat the following described Potion c the Planed alley Is not required for cory0rats purPOasa; NOW. THEREFORE. EE IT ORDAINED BY TNS CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAst section is Thal Ne City Council of Ne City of Feyetlevlse,Arkansas hereby vecetes arld abandons Ne fallowing described Planed elleY: See Exhibit 'W ataced hereto and made a pert hereof. attached hereto and Labeled Exhibit A°Iahas be filed inance duly n the office of the Recorder of Ne fted by 019 City ClerK along with Me � recorded N Ne Deed Records of aha County. Section Jm That this vacation apgovel is subject W Ne Corholdms of Approval W f0d0wa, and shall not be in effect until all conditions are met herein. Any relocation Of (1)(139119 Alibes shall be at the owner/dawioper's expanse. Utility ecumor ; to be granted along the With and west sides of the ' subject propertya per comments wn Southwestern Electric Power Company. The existing atom drain pipe and open ditch within the asey.shall be centered within a 2Dfoot drainage eaeemem on the sub- . jecl ss property, union Ne pipe is retreated at 9a owneryoewloper s expense. Relocation of Ne Mm drain pipe and dedication Of settlement thereon shad be with the approval of the City Engineer. PASSED and APPROVED Nis 20th day of March, 2007. APPNOVEDt ATTEST By: DAN COODY, Mayor By: SONDRA SMITH. City CI111k/Treesurer Exhibit B is a map and may be viewed In aro once of Ne city cleridlressurer during normal business hours. ExxlElr ro^ VAC 08.22" SURVEY DESCRIPTION OF 12 ALLEY TO BE VACATED: DESCRIPTION 01: A TRACT OF LAND BEING A PART OF BLOCK 11 OF THE FERGUSON'S ADDITION TO THE CITY OF K 4 AT PAGE 203. SAID TRACT OF LAND ING A PART OF SEVILLE I//4 OF SECTION 16. TOS RECORDED IN PLAT WNSHIP 18 NORTH, RANGE 30 WEST. WASH NG TON COUNTY. ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 10 OF SAID FERGUSON'S ADDITION, A CHISELED HOLE IN CONCRETE BEARS S03.2525'W 5.00 FEET; THENCE NO3.25'251E 40.01 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 11 BEING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF W. FIFTH STREET (45'RNO AND THE WEST RIGHT-OF- WAY LINE OF S. LOCUST AVENUE (80'RNJ): THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE N87.42.33-W 144.03 FEET TO THE SOUTHWEST CORNER OF LOT a OF SAID BLOCK 11 AND THE POINT OF BEGINNING; THENCE CONTINUING N87.4233'W 12.00 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK 11; THENCE NO3'25'25°E 150.03 FEET TO THE NORTHEAST CORNER OF LOT 9OF SAID BLOCK 11 ; THENCE S87°42'33nE 12.00 FEET TO THE NORTHWEST CORNER 25'25W 150.021 FEET O THE POINTN OF BEGINNING NI G CONTAILOT 4 OF I1D.8D0 SQUARE FEET OBLOCK 11 ; THENCE R 0. T 04 ACRES, MORE OR LESS. DESCRIPTION 02: A TWELVE (12) FOOT WIDE PLATTED ALLEY DESCRIBED AS CENTERED ALONG THE COM- MON PROPERTY LINES OF LOTS 1. 2, 3, 10, 11 AND 12 OF BLOCK 11 OF FERGUSON'S ADDI- TION TO THE CT' OF FAYETTEVILLE,ARKANSAS. RECEIVED APR U e 2007 CITOFLR E ITYE !OFc D� 3/wlal City of Fayetteville � � Staff Review Form City Council Agenda Items t 19< or V � / Contracts 6-Mar-07 d City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 06-2364: (Cruz Bay, 523): Submitted by Mandy Bunch for property located located north of 5th Street between South School Avenue and South Locust Avenue. The property is zoned MSC, Main Street Center and contains 0.04 acres. The request is to vacate 150' of the 12' alley on the subject property. $0.00 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 CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Direc or Date Original Contract Date: n/a Original Contract Number: n/a City Att y n Received in CitU ice Finance and Internal Service Director Date Received in Mayor's Office (M7W Mayor Date Comments: >C 6, L4hcFins fzadi 3/ � l0 7 City Council Meeting of March 6, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations p From: Jeremy C. Pate, Director of Current Planning Date: February 9, 2007 Subject: Alley Vacation for Cruz Bay, LLC (VAC 06-2364) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating an alley located north of 5`h Street between South School Avenue and South Locust Avenue. BACKGROUND The alley right-of-way is located north of 51h Street between South School Avenue and South Locust Avenue. There are two existing dilapidated structures, however the majority of the property is undeveloped with multiple mature trees. The subject alley has never been constructed and the alley right-of-way directly to the south was vacated by Ordinance No. 4477. The alley continues to the north, intersecting Archibald Yell Blvd. in a location that is not recommended for vehicular access, as sight distance is very limited. The applicant is requesting to vacate a 12 ' wide alley within Block ll of Ferguson's Addition. DISCUSSION The Planning Commission voted 7-0-0 to forward this item to the City Council with a recommendation for approval. Notification was provided to all appropriate utility representatives and adjoining property owners. Conditions of approval are recommended in order to satisfy the comments made by utility company representatives. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2364 SUBMITTED BY MANDY BUNCH FOR PROPERTY LOCATED NORTH OF 5T" STREET BETWEEN SOUTH SCHOOL AVENUE AND SOUTH LOCUST AVENUE, VACATING 150' OF THE 12 ' 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 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 platted alley: See Exhibit "B" 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 "A" 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 as follows, and shall not be in effect until all conditions are met herein. 1 . Any relocation of existing utilities shall be at the owner/developer's expense. 2. Utility easements to be granted along the north and west sides of the subject property per comments from Southwestern Electric Power Company. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "B" VAC 06-2364 SURVEY DESCRIPTION OF 12' ALLEY TO BE VACATED: A TRACT OF LAND BEING A PART OF BLOCK 11 OF THE FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE AS RECORDED IN PLAT BOOK 4 AT PAGE 203. SAID TRACT OF LAND BEING A PART OF THE SE1l4 OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 10 OF SAID FERGUSON'S ADDITION, A CHISELED HOLE IN CONCRETE BEARS S03025'25"W 5.00 FEET; THENCE NO3025'25"E 40.01 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 11 BEING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF W. FIFTH STREET (45'RNV) AND THE WEST RIGHT-OF-WAY LINE OF S. LOCUST AVENUE (60'RNV); THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE N87042'33"W 144.03 FEET TO THE SOUTHWEST CORNER OF LOT 6 OF SAID BLOCK 11 AND THE POINT OF BEGINNING; THENCE CONTINUING N87042'33"W 12.00 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK 11 ; THENCE NO3025'25"E 150.03 FEET TO THE NORTHEAST CORNER OF LOT 9 OF SAID BLOCK 11 ; THENCE S87°42'33"E 12.00 FEET TO THE NORTHWEST CORNER OF LOT 4 OF SAID BLOCK 11 ; THENCE S03°25'25"W 150.03 FEET TO THE POINT OF BEGINNING, CONTAINING 1 ,800 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.