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
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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.
EXIHIBITflail........_..._.:...........:.....:.__............
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7G5 -05458 -GOO ♦
765-05447-0OI 4
765-05456-000
765-0`.x44&0OI -- 765-0545 I-000
HOS5EIN FAKHIMI
CITY OF FAYrT1EV1U.E TIMOTHY t CHR1STINC KJJNGER
rO 15OX 3482
1 13 W. MOUNTAIN PO BOX 1064
FAYEi I MLLE, AR 72702
PAYnTEVIU.E, AR 72701 FAYETTEVILLE, AR 72702
PARCEL .MAP -
765-05473000
765-05470-000 765-0546 -000
65-05462-001
765-05474-000
765-05469-000
765-05463-OOp
765-05475-000
$
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765-05468-000
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765-05465-000
765-05476-000
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5. ARCHIBALD YELL BLVD.
765-05479-000 I I 765-0546I-000/ I I 765-05449-000 I I 765-08248.000
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765-22548000(DC)
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765-05454-000•
765-05453-000'
765-08250-000
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765-05447-001
765-09251-000
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765-05448-000
765-05447-000
765-05405-000
765-05406.000
EXHIBIT "B"
VAC 06-2364
SURVEY DESCRIPTION OF 12ALLEY 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 SE1/4 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 503°25'25'W 5.00 FEET; THENCE
N03°25'25"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'RIW); 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 N03°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 503°25'25'W 150.03 FEET TO THE POINT OF
BEGINNING, CONTAINING 1,800 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
PC Meeting of December 11, 2006
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCE Fayetteville, hone: (7 7 72201
Telephone: 575-8267
(479)
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Dee b�06 Updated December 12, 2006
VAC 06-2364: (CRUZ BAY/ALLEY, 523): Submitted by MANDY BUNCH for
property located at NW CORNER OF 5'" ST. AND S. LOCUST. The property is zoned
MSC, MAIN STREET CENTER and contains approximately 0.04 acres. The request is
to vacate 150' of the 12' alley on the subject property.
Planner: Jesse Fulcher
Findings:
Property Description and Background: The alley right-of-way is located north of 5th
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.
Request: The applicant is requesting to vacate a 12' wide alley within Block 11 of
Ferguson's Addition.
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
UTILITIES
Ozarks Electric
Cox Communications
Southwestern Electric Power Company
RESPONSE
No Objections
No Objections
Utility easements to be granted along
the north and west sides of the
subject property. Owner/developer
to pay the cost of conversion from
K:\Reports\2006\PC Reports\12-I I-06\VAC 06-2364 (Cruz Bay Alley).doc
Arkansas Western Gas
Southwestern Bell Telephone
CITY OF FAYETTEVILLE:
Water/Sewer
Transportation
Solid Waste
Engineering
overhead lines to underground lines
along alley.
No Objections
Any relocation of existing utilities
shall be at the owner/developer's
expense.
RESPONSE
No Objections.
No Objections
No Objections
No Objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding (VAC 06-2364) to the City Council
with a recommendation for approval with the following conditions.
Conditions of Approval:
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.
CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required
Planning Commission Action: 'I Forwarded ❑ Denied ❑ Tabled
Date: December 11, 2006
Motion: Clark
Second: Myers
Vote: 7-0-0 (Anthes recused)
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
Im
Title
Date
K:\Reports\2006\PC Reports\I2-I I-06\VAC 06-2364 (Cmz Bay Alley).doc
I
EB La ndWorks, Inc.
PO Box 3432, Fayetteville, Arkansas 72702-3432
phone 479.444.7769 fax 479.444.7793
November 2, 2006
Mr. Jeremy Pate
Director of Current Planning
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Phone (479)575-8267
RE: Vacation Request - 12' Alley North of 5th Street
Fayetteville, Arkansas
Dear Mr. Pate:
Cruz Bay, LLC owns property situated north of 5th Street between S. School and S.
Locust in Fayetteville. Their property is located just north of Walgreen's. The attached
proposal is to vacate the 12' alley that current splits their property for a distance of
150'. A portion of the alley. should revert to the adjacent property owner. They have
signed as joint petitioners. This property is zoned Main Street Center/D-1 Downtown
District. We have obtained and attached all of the necessary documents and
information in accordance with the procedure outlined by the city.
If you need additional information, or have any questions, please call me at (479)444-
7769.
Best Regards:
Mandy R. B nc , PE
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR ALLEY VACATION REQUEST
Date: July 19.2006
Address / location of vacation: IT Alley running approximately I50' north from the north boundary of the 5th Street
right-of-way to the north boundaries of Lot 4 & Lot 9 of Block II of Ferguson's Addition
Adjacent property address: 4o5 S. Lows*
Lot: 3 Block: II
REQUESTED VACATION:
Subdivision: Ferguson's Addition
I have been notified of the petition'to vacate the following (alley, easement, right -of --way), described as follows:
SeeAttachedfor legal description and graphic representation of what is being vacated
ADJACENT PROPERTY OWNERS COMMENTS:
O 1 have been notified of the requested vacation and decline.to comment -
0 _ 1 do not object to the vacation described above.
I do object to the requested vacation because:
o-11C4c'
Name of Proper* Owner (printed)
AUG 032006
Cruz Bay, LLC
w uivISIQN
Name of Applicant
►iV$hLc $4A Lei
S IiXM S -r' 1, ' pweQ"v' v ` et iwa
February 2004
IW a . Si- Lti £ tb'1 "1'. Page 6
(Xl-il-ZUUti Wh 12:Jb Yfl
Oct 31 06 01139p f 'andworks 444 1 p.2
DATE 10131/1'0
UTILITY COMPANY: O
APPLICANT NAME:
REQUEb'TED VACA'1'I0N (o
Utility Eaement
✓ Righlofway for alley r
Alley
Street rightof-way
FOR RICIIT- OF. WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
2' .4.41j4< e
_APPLICANT PHONE: 4i1- 'n
rlianlataam g((Urnrapp{y): yo MmnO7 llvra-A
it stsects and all utility cawmeru located within the vacated right. of- way,
I Imve been notified oldie petition to vacate the following (allay, eacamam, right-of-way), described as follows:
Central location/ Andras (retbrcing to anached document. must be compktcd e)
..v% /Zydtf r.✓G .a.w of stom S"• c7- .
legal donvipMtn g4 graphc npraaraalion o/what lr being voaatedSZ/RVtV)
UTILITY COMPANY COMMENTS:
No objections to ON vacation(s) described above.
No objections to the vacation(s) devcribed above. provided following described easements arc retained,
(Sotto the location, dimensions, and purpose below.)
No objcct(ons provided the following conditions arc met.
-41
•
Febrawy 1004
Pepe 7
UTILITY APPROVAL FORM
FOR RIGHT-- OF WAY, ALLEY, AND
UTH.PPYEASENIENT VACATIONS
DA•IE:
i •
1j
Rig] u of -way for alley or streets and all utility eat®mts located within the vacated right_ of- way
^ ✓Alley
Street right-of-way
I have beta notified of the petition to vacate the following (aIIey, arzranaz ng ofn+i) as follows.
General location / Address (referring to attached doc i&-&- must be completed**)
fl or4&ot
a e.- --I r I- --- _ .
(ATTACS legal desa*nti'on and graphic ►rpnerentaion ofwhat tls being rotated-SURYLry
1 1• • 1 n • 1 11 1' U .( M 1 i 1: I
1 , '- • 1. .• Ynl 1.1• 11'4 II .1 :q* 1 .-. •1..,.••11.' 1'
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i
Title
Per, 2W6
Pages
UTILITY APPROVAL FORM
FOR RIGHT OF- WAY, ALLEY, AND
urn fly EASENIENT VACATION$
DATE: /1I /OLe
UTUM COMPANY: WI P4)
7a • ,u. . r l 11 I 4
✓ Riglri-ot.way for alley or streets and all utility eatemmts located within the vacated right- of. way.
Sheet right-of-way
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UTILITY APPROVAL FORM
FOR RIGHT- OF WAY, ALLEY, AND
VIII. flYEASEMZNT VACATIONS
DATE: OCo
UTWTY COMPANY:
APPIJ CANT NAME: 8llQ�p APPLICANIPIIONE REQUEST D VACATION ( maw �Ieai all Nnrt apply):
UtdityF,asemcnt
✓ Right.of--way for alley orseteets and all utility caecmmts located with the vacated right- of- way.
V Alky
Street right-of-way
I have been notified of the petiuou to vacate the following (opcj., etctemcn right -of --way), described as follows•
Geloot f n / Address (rcfaraog to attached document must be eompktcd•o)
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DATE
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FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: i/14 / (0
UTILITY COMPANY: VA/ x c,ewe► - APPLICANT NAME: M An44APPLICANT PHONE: 41 4 -770
REQUESTED VACATION (app ant must check all that apply):
Utility Easement
✓ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
N Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed)
6firee1 L4wegn S. Schde i t 5. L-IYVSt (S2?_ GFiv]ritliC {IPc4
(ATTACH legal description and graphic representation of what is being vacated-SURVE))
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
11
February 2006
Page 5
s
Te • eve
ARKANSAS
WATER AND WASTEWATER DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Jan Gambill, Planning
FROM: David Jurgens, Water & Wastewater Director
DATE: November 1, 2006
SUBJECT: Easement Vacation Request, 5th Street Between SSoo1 and Locust
I concur with the rights of way vacations of 5a' Street between South School and Locust
Avenue and the north -south alley extending north from 5th Street between South School
and Locust Avenue with the following comments and requirements.
1. Legal sewer service myst be provided to the other structures on the block bordered by
5'h Street, US 71B, and Locust Avenue. As of now, it appears there is not legal service
that accessable by the car lot in the northwest comer of the block. I suspect that the
sewer service for this car lot ties to either the sewer main on Locust or the main on 5th
Street. A sewer main must be extended to the property line of this car lot. This may
require a 20' minimum easement to this lot either from Locust or from the vacated 5`h
Street.
2. An eight inch water line must be constructed in the vacated 5`s Street right of way,
tying the 12" water line on Locust to the 2" water line on the east of side of South School.
This will require a minimum of a 20' untility easement for the water line. An additional
width of easement is required if a sewer main will be installed in this same easement.
Cc: Engineering
Water/Sewer Operations
Mandy Bunch, E. B. Land Works
UTILITY APPROVAL FORM
DATE: l al JOu
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I have been notified of the petition to vacate the following (alley, easemeng right -of_ ), described as follows
General location / Address (refvriog to attached document- must be completed**)
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J ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
To: City Council, Mayor Dan Goody
From: Jeremy Pate, Director of Current Planningv
Date: March 14.2007
Subject: Cruz Bay alley vacation (VAC 06-2364)) Amendments
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
Based on the City Attorney's comments at the March 06, 2007 City Council meeting and a subsequent
memo that was issued, the letter that was submitted to staff objecting to the alley vacation as presented
for Cruz Bay is "fatal" to the application for a vacation request. The applicant originally proposed
vacating unconstructed alley right-of-way on their property only, completing survey and legal description
information. Adjoining property owners were notified, and one property owner to the north (Klinger)
objected to the alley vacation, stating "if the alley is to be vacated, it should be so from Archibald Yell
south to 5th Street. We would not object to a full block vacation but do object to section by section."
The applicant has since submitted a new legal description and exhibit for consideration, which
incorporates the entire alley right-of-way from Archibald Yell south to 5th Street.
Staff recommends the City Council amend the requested vacation ordinance and vacate this entire alley
right-of-way with the exhibits as attached hereto.
K. Veremy12007 CorrespondencelBoard MemoslCrn_ Bay Alley Vacation Amendmenls.doc
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2364 SUBMITTED
BY MANDY BUNCH FOR PROPERTY LOCATED NORTH OF 5' 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.
PASSED and APPROVED this
APPROVED:
By:
DAN COODY, Mayor
day of , 2007.
ATTEST:
By:.
SONDRA SMITH, City Clerk/Treasurer
t,1Ap,,-r Dr„
VaL
ARCNL94LD YELL DL IV.
if
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WV Vii. , , ,
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 SE1/4 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 S03°25'25"W 5.00 FEET; THENCE
N03°25'25"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'RIW)
AND THE WEST RIGHT-OF-WAY LINE OF S. LOCUST AVENUE (60'RIW); 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 N03°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 503°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, 2, 3, 10, 11 AND 12 OF BLOCK 11 OF
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. ' . .
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC: Jeremy Pate, Director of Current Planning
FROM: Kit Williams, City Attorney
DATE: March 7, 2007
RE: Vacations of streets and alleys
I am sorry that I did not see that an abutting property owner had not
only failed to consent in writing to the proposed vacation of a portion of the
alley abutting his property, but actually objected. This. lack of written
consent by an abutting property owner is fatal to a vacation request.
"The Supreme Court held that because of the adverse
effect, the appellants were abutting property owners
whose written consent was required before the alley
could be closed ...." Holliman v. Liles, 72 Ark. App.
169, 35 S.W. 3(1369, 372 (2000). (emphasis added)
Attached is a copy of my two page memo of May 3, 2005 to you and
the Planning Commission about the limitation on the City's power to vacate
alleys and streets. Also attached is my five page (more in depth) memo to
Tim Conklin (then City Planner) of February 6, 2003, concerning legal
restrictions on alley and street vacations.
THE CITY Of FAYETTEVILLE. ARKANSAS
KIT WILLIAMS, CrrY ATTORNEY
DAVID WIiITAKER, ASST. CrrY ATTORNEY ""
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: City Council
Planning Commissioners
FROM: Kit Williams, City Attorney A�Y
DATE: May 3, 2005
RE: Vacation of streets, alleys and easements
The City of Fayetteville is often asked to vacate a platted, but not built
street or alley or an unused utility easement. The City Council has the
power "to vacate ... such portions thereof as may not ... be required for
corporate purposes ...." A.C.A. §14-54-104 (emphasis added).
There is another more specific statute for vacating streets and alleys
that have been dedicated to the City by platting a subdivision, if such street
or alley has not "been actually used by the public as a street or alley for a
period of five (5) years ...." A.C.A. § 14-301-301 (b).
Neither of these statutory powers to vacate are mandatory upon the
City Council, but only give the City Council that "power to vacate and
abandon" streets, alleys, easements, etc.
The power to vacate is limited to the extent that abutting owners
object to their loss of "right of ingress or egress across the property being
vacated ...." Wright v. City of Monticello, 345 Ark. 420, 47 S.W. 3`d 851,
856 (2001).
"We have held that the owner of property abutting
upon a street has an easement in such street for the
purpose of ingress and egress which attaches to his
property and in which he has a right of property as
fully as in the lot itself. We have also noted that
this property right is not diminished merely because
the property owner has alternative means of ingress
and egress." Id. at 857 (citations omitted).
Thus, we need to ensure that each abutting property owner has
consented to the street or alley vacation. I believe our Planning Division
ensures such consent has been obtained before submitting any vacation
request to you.
Once all abutting owners have consented, the issues for the City
Council and Planning Commission are whether the platted street or
alley has been actually used by the public during the last five years and
whether the street, alley, or easement is "required for corporate
purposes ...." A.C.A. §14-54-104.
If an owner of a large :•tract of undeveloped, platted land wishes to
vacate dedicated streets and alleys (which have never been built or used) in
order to reconfigure and replat his property (which would require
appropriate new access and easements because of our UDC), there would
seem to be no corporate purpose possible to refuse the vacation requests.
However, if an alley is shared with an abutting property owner who objects
to the vacation of that alley, I do not believe the City can vacate and
abandon that alley or even half of the alley.
"The Supreme Court held that because of the adverse
effect, the appellants were abutting property owners
whose written consent was required before the alley
could be closed ...." Holliman v. Liles, 72 Ark. App.
169, 35 S.W. 3`d 369, 372 (2000). (emphasis added).
KIT WILLIAMS, CITY ATTORNEY
DAVID WFIITAKER, ASST. CITY ATTORNEY
LEGAL DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Tim Conklin, Planning Department �,
FROM: Kit Williams, City Attorney j(
``—?( �
DATE: February 6, 2003
RE: Vacation of dedicated streets and alleys
As you know, the legislature has provided two statutes which
both refer to a city's power to "vacate" streets and alleys. The one you
have uniformly used is A.C.A. §14-54-104 Additional powers of cities
of the first class. This statute provides power "to vacate or lease out
such portions thereof as may not for the time being be required for
corporate purposes .... " No notice or consent of abutting owners is
required or even mentioned.
The other statute is A.C.A. §14-301-301 et seq. Power and
authority to vacate. (Copies of both statutes are attached.)
v
In a recent, unpublished case decided by the Arkansas Court of
Appeal, Bateman v. City of Paragould, 2000 WL 17832 (Ark. App.
2000), the Court of Appeals upheld the Chancellor's decision that "a
city of the first class could only abandon a dedicated easement by
following methods set forth in A.C.A. §14-301-301 (1997)." (emphasis
added) The Court of Appeals specifically held:
"The Arkansas General Assembly has set out the
procedure for vacating or abandoning an easement
in cases such as the one now before us. See Ark.
Code Ann. §14-301-301. That procedure is binding
on appellants, the City of Paragould, and the courts.
Absent compliance with that procedure whereby the
town council vacates or abandons the street, we
cannot hold that appellants' arguments on appeal
warrant reversal." (emphasis added)
Unpublished opinions are not controlling precedent in later cases.
Other published decisions have affirmed vacation of streets pursuant to
A.C.A. §14-54-104 (2) as we have done. Thus, there is not a crystal clear
resolution of what we must do.
The Supreme Court on June 28, 2001, reversed a trial judge who
had upheld a city ordinance based upon A.C.A. §14-54-104 (2) to vacate
an unpaved segment of street. Although not stating that cities could
not use this statute to vacate streets, the Supreme Court stated:
"We note that nothing in this statute provides that a
right of ingress or egress across the property being
vacated can be extinguished or taken without
compensation." Wright v. City of Monticello, 345Ark.
420,47 S.W. 3itt 851, 856 (2001).
Monticello had vacated one end of an unpaved city street
returning it to its abutting owners. Plaintiff Wright was an abutting
owner along the street past where it had been vacated. Wright sued for
an injunction and for a constitutional taking of her interest in the street.
The local judge ruled against her, but the Supreme Court reversed.
"The legislature granted the City the authority to
abandon or vacate roads or streets. However, the
City exceeded that authority when it enacted ordinance
number 700 for the purpose of extinguishing appellant's
right of ingress and egress through the vacated street."
Id. at 857.
2
The case really did not turn on whether the city could use A.C.A.
§14-54-104 (2) which was quoted by the Court and implicitly
sanctioned as a manner to vacate a street. The main issue was the
takings issue which the court ruled in favor of the upstreet, abutting
owner. Unless we use A.C.A. §14-301-301 and specifically §14-301-303
which requires "written consent of the owners of all lots abutting the
street or alley, or the portion thereof, to be vacated," we could face a
takings claim in which the City would have to pay non -consenting,
abutting owners damages.
"(A)ppellant, as an abutting landowner with a
property right of ingress and egress, has an
independent right to use Browning Road as a means
of accessing her property. We have held that the
owner of property abutting upon a street has an
easement in such street for the purpose of ingress
and egress which attaches to his property and in
which he has a right of property as fully as in the lot
itself. Flake v. Thompson, Inc. 249 Ark. 713 460 S.W. 2d
789 (1970). We have also noted that this property right
is not diminished merely because the property owner
has alternative means of ingress and egress." Wright
v. City of Monticello, 345 Ark. 420,47 S.W. 3rd 851, 857.
The Arkansas Court of Appeals has held:
"A city's governing board cannot give away a
city's streets without•the consent of abutting
owners or without statutory authority; any
attempt to do so is ultra vires. Freeze v. Jones,
260 Ark. 193,539 S.W. 2d 425 (1976)." Holliman
v. Liles, 72 Ark. App. 169,35 S.W. 3rd 369, 372
(2000).
1
"A conveyance to the only abutting owner is
not prohibited. Barbee, v. Carpenter, 223 Ark.
660, 267 S.W. 2d 768. Nor is a vacation of a
street for the benefit of the abutting owner if
the street is not needed for corporate purposes."
Freeze v. Jones, 260 Ark. 193, 539 S.W. 2d 425,
429 (1976).
The Supreme Court's specific reference to "the street is not
needed for corporate purposes" harkens back to the language of A.C.A.
§14-54-104 (2) so that statute appears still somewhat available for
vacation of alleys. However, a literal reading of A.C.A. §14-301-301
speaks in all-inclusive terms. "In all cases where the owner of property
... shall have dedicated ... by platting the property ..., the city or town
council shall have the power to vacate and abandon the street or alley,
or any portion thereof, by proceeding in the manner set forth in this
subchapter." (emphasis added)
CONCLUSION
I believe it will be better in the future to use the procedures
outlined in A.C.A. §14-301-301 et. seq. when a property owner seeks a
vacation of a platted street or alley. This procedure (by requiring
consent of all abutting owners) should protect the City from any
takings challenges and potential damages. I would not only follow
A.C.A. §14-301-301, but continue to require utility companies to
consent and include a finding in the ordinance that the street or alley is
not needed for corporate purposes (so we get the benefit of A.C.A. §14-
54-104 (2) if we are ever legally challenged).
One final caution, the Arkansas Supreme Court in the past has
pointed out that certain challengers of street vacation did not "own
property abutting the portions of the streets being closed .... " Kemp v.
Simmons, 244 Ark. 1052,428 S.W. 2d 59,64 (1968).
51
"(N)one of the appellants were abutting landowners
to the closed portion of Kemp Road...." Id. at 65
More recently, the Supreme Court has acknowledged that an
owner up the road that was being closed was an abutting landowner
with a property right of ingress and egress." Wright v. City of
Monticello, supra.
The Court has shown a willingness to extend the definition (and
legal protection) of "abutting owners" beyond that portion of the street
or alley being vacated.
"In that case, the appellants' property did not
actually touch the portion of the alley the city
board had closed, but the closing of a part of
the alley adversely affected the use of their
property. The supreme court held that,
because of this adverse effect, the appellants
were abutting property owners whose written
consent was required before the alley could be
closed .... " Holliman v. Liles, 72 Ark. App. 169,
35 S.W. 3rd 369, 372 (2000).
In Holliman, the alley was only narrowed by vacating half its
width to the abutting owner. The Supreme Court reversed the
summary judgment for the City (Quitman) by stating that an owner's
ingress and egress does NOT have to be blocked before the owner must
consent to a vacation. The key issue was the extent of adverse affect
the vacation would inflict upon the owner's property. Adverse effect
justified making an owner an "abutting owner" whose written consent
to the vacation was required.
5
__ TITITI.1II7iI1JTIITIIIiE.iI.__
From: Clarice Pearman
To: Pate, Jeremy
Date: 3.27.07 4:34 PM
Subject: Ords. 4993 & 4994
Attachments: 4993 VAC 06-2364.pdf; 4994 R-PZD 06-2299.pdf
CC: Audit
Jeremy:
Attached are the above ordinances which were passed by City Council, March 20, 2007. Please let me know if there is
anything else needed for these items. The Ruskin Heightsis very lengthy so it might take a little bit to download. Have a
good evening.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearnian@ciiayetteville.ar.us