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.
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PASSED and APPROVED this 20'' day of March, 2007. FAYE7TEVILLE ;
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APPROV ATTEST: -9�tikANSPJ?,��
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By: By: 8t>,nd&A, 8
DAN COODY, May SONDRA SMITH, City Clerk/Treasurer
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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.