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HomeMy WebLinkAboutOrdinance 5107 I�IIIIINfIIINlllllllllllllllllllllllllllllll�lllllllllllllllllllllllllllllll Doc ID : 012018350003 Tvoe : REL FRe ea Amta $25 d a 02 00 Pace S2008 tof 1345 : 06 AM Nashinaton County . AR Bette Stamos Circuit Clerk File200840004990 ORDINANCE NO. 5107 AN ORDINANCE APPROVING VAC 07-2853 SUBMITTED BY MCGOODWIN, WILLIAMS AND YATES, INC. FOR PROPERTY LOCATED AT 220 NORTH COLLEGE AVENUE TO VACATE AN ALLEY, A TOTAL OF 0.08 ACRES. 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 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. . SY pc .G��. PASSED and APPROVED this 5th day of February, 2008. c � . : FAYETTEVILLE • APPROVED: ATTEST: 'jGT0 By: By: DAN COODY, Mayor SO DRA E. SMITH, City Clerkfrreasurer EXHIBIT "A" 5 9S4rDr ! COLLEGE AVE. BMW s 0^7W M 7nCOLLEGE (5P9,Bp� E (7Y579) _ 8 0Y47 W' YI ! 77598 ° w � O w Q � ;u � p� N IAN £�g �BxM�P��Si E �� LOT 3 u �. LOT 2POP o e s I ' mA �B Zgr°�r�°n-aoo w LOT 1 L4 rFft@� I i ege � e y,y — R a _gQF � I �d��MV aem rmow9e Y l b I PMRL 7Ma14eY . 71 mcmmo _ ® - _ r� • e �9■ IJrg'3ILEJ .Sa y Om�M.�m .. -� g � . 1TPi Rf ❑ gym � � K toi6 T O3 � W6 o m ( � 6 y ® wax NP RIIi�;w Mve �om AX — ^_ R ! y m Om ' a g 4411 F- n 0FEEL o70..m � o 0 > tiv 4 rr liip� p�e i � IF Eia l ei e A i Ell ®§P� EQp��6 •� � pF G x 'llipPi� @;9 p�- Q'5� ;■p f -_RR9 p#[p�°�g e �zln I gCYi �`a��9�����iGi i• Ra i[S .° I/ d8�� 01 211 iL B , EXHIBIT "B" VAC 07-2853 A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT AND RUN THENCE SOUTH 020 47' 00" WEST ALONG THE WEST LINE OF SAID 40 ACRE TRACT A DISTANCE OF 375 .89 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 870 13' 00" EAST A DISTANCE OF 30.00 FEET TO A SET MAGNETIC NAIL ON THE EAST RIGHT OF WAY LINE OF COLLEGE AVENUE AT THE SOUTHWEST CORNER OF LOT 6 IN BLOCK 2 OF THE VAN HOOSE/VAN WINKLE ADDITION TO CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF SAID ADDITION RECORDED IN BOOK 4C PAGE 207 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, FOR THE "TRUE POINT OF BEGINNING"; THENCE SOUTH 87° 25' 52" EAST ALONG THE SOUTH LINE OF LOTS 5 AND 6 IN BLOCK 2 OF SAID ADDITION A DISTANCE OF 280.00 FEET TO A SET COTTON SPINDLE ON THE WEST LINE OF LOT 10 IN BLOCK 2 OF SAID ADDITION; THENCE SOUTH 020 47' 00" WEST ALONG SAID WEST LINE OF SAID LOT 10 A DISTANCE OF 5.00 FEET TO A SET COTTON SPINDLE AT THE SOUTHWEST CORNER OF SAID LOT 10; THENCE SOUTH 870 25' 52" EAST ALONG THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF 150.00 FEET TO A SET COTTON SPINDLE AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTH LINE OF SAID LOT 10 SOUTH 020 47' 00" WEST A DISTANCE OF 5 .00 FEET TO A SET COTTON SPINDLE AT THE SOUTHEAST CORNER OF THE ALLEY; THENCE NORTH 87° 25' 52" WEST ALONG THE SOUTH LINE OF SAID ALLEY A DISTANCE OF 430.00 FEET TO A SET MAGNETIC NAIL ALONG THE EAST RIGHT OF WAY LINE OF COLLEGE AVENUE; THENCE LEAVING SAID SOUTH LINE OF SAID ALLEY NORTH 02° 47' 00" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3550 SQUARE FEET OR 0.08 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 02/15/2008 11 :45:08 AM and recorded in Real Estate File Number 2008-00004990 Bette stamps - Circuit Clerk by Orr) City of Fayetteville 22- (� o Staff Review Form City Council Agenda Items u,{l�` 1 or TION nQh I Contracts rl rs 5-Feb-08 b lm City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2853 : (First Christian Church, 485): Submitted by McGoodwin, Williams and Yates, lnc.for property located at 220 North College Avenue. The request is to vacate an alley within the subject property. $0.00 n/a n/a Cost of this request Catego /Pro'ect Budget Program Category / Project Name nla n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached IPrevious Ordinance or Resolution # n/a Department hector Date Original Contract Date: n/a [� Original Contract Number: n/a City Attorr ey p (� Received in Cffice Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Comments: City Council Meeting of February 05 , 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations �e From: Jeremy C. Pate, Director of Current Planning r Date: January 17, 2008 Subject: Alley Vacation for First Christian Church (VAC 07-2853) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating an alley on the subject property containing approximately 3 ,550 square feet. BACKGROUND The subject property is located at 220 N. College Avenue, just south of the Washington County Courthouse and is zoned Main Street Center. There is an existing alley bisecting the site that varies in width from 5 ' at the east end of the property to 10' at the west end of the property. The south side of the existing church building encroaches into the alley right-of-way. The applicant is requesting to vacate the length of the alley within the subject property, in order to allow improvements to the parking lot and church grounds. The applicants have submitted a conditional use request to allow for a shared parking agreement with the Washington County Courthouse, which is scheduled to be on the January 28, 2008 Planning Commission agenda. In addition to the proposed improvements to the property, the vacation will also resolve the building encroachment in the alley right-of-way. The applicant has submitted the required notification forms to the utility companies and to the .City with the result summarized below. DISCUSSION Notification was provided to all appropriate utility representatives and to the City with no objections to the requested alley vacation. This item was heard at the regular Planning Commission meeting on January 14, 2008 and forwarded by vote of 8-0-0 on the consent agenda to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2853 SUBMITTED BY MCGOODWIN, WILLIAMS AND YATES, INC. FOR PROPERTY LOCATED AT 220 NORTH COLLEGE AVENUE TO VACATE AN ALLEY, A TOTAL OF 0.08 ACRES. 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 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. PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT OWN . - s anrw w . S 02-47W w 72&3, COLLEGE AVE. ,E (Y2S]SJ 5 Or47W N 37180' S Z 5 t I j F05 Ln 1 86 T. - PUS agile irtiiUeR9 5 5 .. LOT 3 4 ; ty r r 0 LOT 2 0 R qqpp g a ! Lor 1 I i j — 'JJ m mmmmo E qa � e 6 • nm � m 9 � wo03 I'T 0c ow a EE 1A OG . mOm � ' tai 3 ❑ • A z = 0 o F > o 4r-kb �<n ss tt a}■ D NIX>p •� r��1jj ;'t I tt`��3g 181 a 1A if 151 R will lielYSwfiggg � � g q@ a E$ 0 ILM!, g , ci- � i II • L Q Eg tart hall B S F EXHIBIT `B" VAC 07-2853 A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW '/<) OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT AND RUN THENCE SOUTH 020 47' 00" WEST ALONG THE WEST LINE OF SAID 40 ACRE TRACT A DISTANCE OF 375.89 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 870 13' 00" EAST A DISTANCE OF 30.00 FEET TO A SET MAGNETIC NAIL ON THE EAST RIGHT OF WAY LINE OF COLLEGE AVENUE AT THE SOUTHWEST CORNER OF LOT 6 IN BLOCK 2 OF THE VAN HOOSENAN WINKLE ADDITION TO CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF SAID ADDITION RECORDED IN BOOK 4C PAGE 207 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, FOR THE "TRUE POINT OF BEGINNING"; THENCE SOUTH 87° 25' 52" EAST ALONG THE SOUTH LINE OF LOTS 5 AND 6 IN BLOCK 2 OF SAID ADDITION A DISTANCE OF 280.00 FEET TO A SET COTTON SPINDLE ON THE WEST LINE OF LOT 10 IN BLOCK 2 OF SAID ADDITION; THENCE SOUTH 020 47' 00" WEST ALONG SAID WEST LINE OF SAID LOT 10 A DISTANCE OF 5 .00 FEET TO A SET COTTON SPINDLE AT THE SOUTHWEST CORNER OF SAID LOT 10; THENCE SOUTH 87° 25' 52" EAST ALONG THE SOUTH LINE OF SAID LOT 10 - A DISTANCE OF 150.00 FEET TO A SET COTTON SPINDLE AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTH LINE OF SAID LOT 10 SOUTH 020 47' 00" WEST A DISTANCE OF 5 .00 FEET TO A SET COTTON SPINDLE AT THE SOUTHEAST CORNER OF THE ALLEY; THENCE NORTH 870 25' 52" WEST ALONG THE SOUTH LINE OF SAID ALLEY A DISTANCE OF 430.00 FEET TO A SET MAGNETIC NAIL ALONG THE EAST RIGHT OF WAY LINE OF COLLEGE. AVENUE; THENCE LEAVING SAID SOUTH LINE OF SAID ALLEY NORTH 02° 4700" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3550 SQUARE FEET OR 0.08 ACRES, MORE OR LESS. 7ayjAI PC Meeting of January 14, 2008 ARKANSAS THE CITY OF FAYETTEVILLE . ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: January 8, 2008 Updated January 15, 2007 VAC 07-2853: (FIRST CHRISTIAN CHURCH, 485): Submitted by MCGOODWIN, WILLIAMS & YATES, INC. for property located at 220 N. COLLEGE AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.80 acres. The request is to vacate an alley on the subject property. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located at 220 N. College Avenue, just south of the Washington County Courthouse and is zoned Main Street Center. There is- an existing alley bisecting the site that varies in width from 5 ' at- the east. end of the property to 10' at the west end of the property. The south side of the existing church building encroaches into the alley right-of-way. Request: The applicant is requesting to vacate the length of the alley within the subject property, in order to allow improvements to the parking lot and church grounds. The applicants have submitted a conditional use request to allow for a shared parking agreement with the Washington County Courthouse, which is scheduled to be on the January 28, 2008 Planning Commission agenda. In addition to the proposed improvements to the property, the vacation will also resolve the building encroachment in the alley right-of-way. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objection. Arkansas Western Gas No Objections KAReports\2008V'C Rcpons\01-January 14WAC 07-2853 (1st Christian Church).doc AT&T Arkansas No objections with dedicated easement. See attached. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: The two property owners adjacent to the alley do not object to the vacation. Recommendation: Staff recommends forwarding VAC 07-2853 to the City Council with a recommendation of approval to vacate the alley as described herein. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: January 14. 2008 Motion: Ostner Second: Myers Vote: 8-0-0 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. By _ Date KARcports\2008TC Reports\014mmy 14\VAC 07-2853 (Ist Christian Church).doc i Ctodwifl ' williams ACECNational G Yates EEA Award Engineering Confidence December 3, 2007 Mr. Jeremy Pate Director of Planning City of Fayetteville City Administration Building 113 West Mountain Fayetteville, Arkansas 72701 Re: Application for Alley Vacation First Christian Church MWY Project No. FY-336 Dear Mr. Pate: Enclosed are application materials for vacation of the Alley crossing the First Christian Church property located at 220 N . College Avenue, Fayetteville, Arkansas. The western part of this alley is 10 feet in width and the eastern part is 5 feet in width. The reason for this vacation request by First Christian Church is to allow parking lot improvements. This alley has only been used by First Christian Church and has not been used by the public for many years and the public interest and welfare would not be adversely affected by the abandonment of this alley. Thank you for your consideration of this application. If you require additional materials, please let me know. Sincerely, A641#"AC � IOZ Gary L. Denzer, P. S. GLD:gd Enclosures hi #ills 6qeftL yll/e 9q 72703 O 479 - 443 - 3404 • WWW . MN4USA . CUM O 479 - 443 - 4340 Jan Gambill - FY-336 GUE Memo.doc Page 1 Ctodwin Williams E Vales Engineering Confidence memo -IN PAN F:I'.a :1:0.1 — Pl=r ;4-7y? 44SLIM — F4X. To: Mr. Jeremy Pate, Director of Current Planning From: Gary Denzer, PS CC: File Date: 12/03/07 Re: FY-336 Alley Vacation General Utility Easement Included in the Alley Vacation Application for First Christian Church in Fayetteville, Arkansas is a General Utility Easement from First ChristianChurch to the City of Fayetteville, Arkansas. There were existing gas, telephone and overhead electric lines in the eastern end of the alley. Those utilities requested. a general utility easement to cover their lines serving the church building as part of: their approval of the alley vacation. If you have any questions please let me' -- know. Thanks. • Page 1 S 02g700 w s oz.roo- W COLLEGE AVE. 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PI a Don Z ®®I]�®�iCO•...I m vd_ (n = r 9 °N'•f • nnn �nA on aim a --°-Me °� Y6 pNl k kE EEEE'EEfn$n.o ,rev t" ^` pz no o0Cvov�nm_py^ V6 •3J YyLo>ez - Z 0 LYOm bbOP 6i 4aa F$D uie-°,0A t F O S s • • • (pa 1<F%C Zn R S en^:S j_.^¢65 is •_9n.^. N tNMx 451 CI LV . v.Jxlwlw Q9 ❑� v__ .Mt .PL nY❑: � 4 x ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 4 Address I location of vacation: 220 N. College Ave, Fayetteville, Arkansas Adjacent property address: 130 Spring Street, Fayetteville, Arkansas Lot: Part 5 Block: Subdivision: County Court Plat of Section 15 REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, described as follows: (See Attached Survey Plat) ADJACENT PROPERTY OWNERS COMMENTS: O / I have been notified of the requested vacation and decline to comment. 4V I do not object to the vacation described above. O 1 do object to the requested vacation because: SHARMAN STURCHIO Name o Adjacent Property Owner (printed) Signature of Adjacent Property Owner FIRST CHRISTIAN CHURCH Applicant Name February 2006 Page 6 ADJACENT PROPERTY OWNER NOTIFICATION FORM RECEIVED; FOR RIGHT-OF-WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: Cr t( • 1' Address / location of vacation: 220 N. College Ave Fayetteville, Arkansas Adjacent property address: 124 Spring Street, Fayetteville, Arkansas Lot: 4 Block: Subdivision: County Court Plat of Section 15 REQUESTED VACATION: c.n !) 2007 McGoodwln, Williams and Yates; I have been notified of the petition to vacate the following (alley, easement, right of way), described as follows: (See Attached Survey Plat) ADJACENT PROPERTY OWNERS COMMENTS: ❑ 1 have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. ❑ 1 do object to the requested vacation because: PAUL GAYER PROPERTIES Name of Adjacent Property Owner @rinted) Signature of Adjacent Property per FIRST CHRISTIAN CHURCH Applicant Name February 2006 Page 6 2-10-07; 6:4GPM;MWY, INC. :478+443+4340 s 2/ 3 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: lit ' 07 UTILITY COMPANY; Ozarks Electric APPLICANT NAME: First Chfjftian Church APPLICANT PHONE: 479-4474674 REQUESTED VACATION (applicant must check AJj that apply): .❑ Utility Easement I7 Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley O 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") •* 220 N. College Avenue, Fayetteville, Arkansas (SeeAtrached Survey Plat) UTILITY COMPANY COMMENTS: XNo 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 am met: Signature of Utility Company p santative Sys I eM $Tfk//vef7%c// Title February 2006 Page 5 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 9c0-0) UTILITY COMPANY: Cox Communications APPLICANT NAME; First Chr tlan Church APPLICANT PHONE: 479-442-1674 REQUESTED VACATION (applicant must check Jj that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right -ad --way. Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), describedI as follows: General location / Address: (referring to attached document -must be completed") 220 N. College Avenue, Fayetteville, Arkansas (See AttackedSurvey Plat) UTILITY COMPANY COMMENTS: 1W' No objections to the vacation(s) described above- ❑ No objections to the vacation(s) described above, provided following described casements ntc retained. (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions are met: Signature of Utility Company Representative Title February 2006 Page 5 'Iv.. J• LVV I" J V V h v1 1121:bb a.m. "v• 7vL v007 I • L 2!/ UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMP !SW CO APPLICANT N First Christian Church APPLICANT PHONE; 479442-4674 REQUESTED ViM ATION (applicant must check all that apply); ❑ utililyEasmtenz ❑ Right -of -vi iy for alley or streets and all utility easements located within the vacated right-of-way. • Alley ❑ Street righof-way I have been notified of the petition to vacate the following (alley, casement, tight -of -way), described as follows: General location I. ddress: (referring to attached document -must be completed") •• 220 N. Col ege Avenue, Fayetteville, Arkansas (See Abacked Survey Plat) UTILITY COMP COMMENTS; O No objettli ns to the vacation(s) described above. No objecti its to the vacation(s) described above, provided following described easements are retained. (State the I ion, dimensions, and purpose below.) Y D J( ZOO Y 6C 000 WILL Ce>V&t OUR ❑ No objecti ns provided the following conditions are met: r Title e 1 Els rneMr February 2006 Page 5 2/ 3 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: & UTILITY COMPANY: Arkansas Western Gas APPLICANT NAME: First Christian Church APPLICANT PHONE: 479-442-4674 REQUESTED VACATION (applicant 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. 0 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**) ** 220 N. College Avenue, Fayetteville, Arkansas (See Attached Survey Plat) UTILITY COMPANY COMMENTS: J$ No objections to the vacation(s) described above. O 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: Signature of Utility Company Representative A mm wesr n6E Title February 2006 Page 5 FROM (MON)ii. 12'07 10:21/ST. 10:20/NO. 4864252473 P 2 94794433404 line I 17:31:+ 10-30-2007 217 UTILITY APPROVAL, FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Ii—IU-01 UTILITY COMPANY: Southwestern Bell Telephone Company APPLICANT NAME: First Christian Church APPLICANT PHONE: 479-142-4674 REQUESTED VACATION (applicant must check a that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility casements located within the vacated right-of-way. i Alley O Street right-of-way I have been notified of the petition to vacate the following (alley, easement -righu of way) described as follows: General location / Address: (referring to attached document -must be completed•") 220 N. College Avenue, Fayetteville, Arkansas r (See Attached Sun+ey Fiat) UTILITY COMPANY COMMENTS: 0 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.) w+TN n>-itacu,_n Cdtbctt.(1 ti Iii 119 YYIQSt UF-0ILA -w.-J ❑ No objections provided the following conditions are met: Signature of Utility Company Representative MAnlft%ElZ Q�1bl1.JQ�/nl(Ji (0E -( Title February 2006 Page 5 2-15-07; 11:34AM;MWY. INC. ;479+443+4340 4 2/ 3 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 7 � — y UTILITY COMPANY: City Water and Sewer Department APPLICANT NAME: First Christian Church APPLICANT PHONE: 479-442-4674 REQUESTED VACATION (applicant 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. B Alley ❑ Street right-of-way 1 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**) "* 220 N. College Avenue, Fayetteville, Arkansas (See Attached Survey Plat) 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: Signature of Utility any Representative ©PS Title Post -Ito Fax Note 7671 Dates 5—° A%sZ To r h ≥ r l From- jfS4 CoMept. 1� Co. Phone# y93 3 V r Phone# Fax# �y3[ Faxp 3 T February 2006 Page 5 -vvl ay.@v •(l, RI OYY YYYOV t-10-u.:11c4JAM:M Y, INC. :479+443+4340 . # 2/ 3 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND (� UTILITY EASEMENT VACATIONS DATE: I T' d UTILITY COMPANY: City Streets epartment APPLICANT NAME: First Christian Church APPLICANT PHONE: 479-4421674 REQUESTED VACATION (applicant 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. 11 Alley ❑ Street right-of-way I have been notified of the petition to vacate the foilowing (alley, easement, right-of-way), described as follows: General location I Address: (referring to attached document -must be completed**) "" 220 N. College Avenue, Fayetteville, Arkansas (See AaraehedSttrrey Plat) UTILITY COMPANY COMMENTS: SI 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.) 0 Na objections provided the following conditions are met: w/A" -r r VVV(r 1LS-Le February 2006 Pages SOLID WASTE & RECYCL 2-8-07:ti:39AM:MW . INC. lajo69/002 ;4794443+4340 # 2/ 3 . UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: City Sanitation Department APPLICANT NAME: First Christian Church APPLICANT PHONE: 479-442-4674 REQUESTED VACATION (applicant must check all that apply): O Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley ....: _C Lt ❑ 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•') +a 220 N. College Avenue, Fayetteville, Arkansas (See Attached Survey Plat) UTILITY COMPANY COMMENTS: O 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: Signature of Utility Company kepresentative • February 2006 Page 5 TRACT NO. Fy-336 Page 1 of 3 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT First Christian Church, hereinafter called GRANTOR, for and inconsideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for the purpose of construction, maintenance, repair and/or replacement, enlargement and operation of general utilities including natural gas, electrical power, and telephone line and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: IIIIMIlthIIIifih i IIIhM hlIIIIHIIIillllllIIII OlllDill IIllIIUIIl� Ooc ID: 011704220004 T Recorded: 10/30/2007 at10 23:00 / Fee Amt: $30.00 Page 1 of 4 Washlnaton County. AR Bette Stamos Circuit Clerk Flle2007-0004054( PROPERTY DESCRIPTION: Parcel No: 765-11731-010 Deed: 2006-44637 Lot 6 in Block 2 of the Van HooseNan Winkle Addition to the City of Fayetteville, Arkansas. Parcel No: 765-11731-000 & 765-11731-001 Deed -97052924 A part of Lots number five (5), Nine (9) and Ten (10) in Block Numbered Two (2) in the Van Hoose-Van Winkle Addition to the City of Fayetteville, as designated upon the recorded plat of said addition, and more particularly described as follows: Beginning at a point which is three hundred four and three -tenths (304.3) feet South and two hundred twelve (212) feet East of the northwest corner of the Southwest Quarter (SW Y.) of the Northwest Quarter (NW Y.) of Section 15, in Township 16 North, Range 30 West, and running, thence East two hundred thirty-eight (238) feet; thence South seventy-six and seven -tenth (76.7) feet; thence West two hundred thirty-eight (238) feet; thence North seventy-six and seven -tenths (76.7) feet to the beginning point. Deed — 97052926 A part of Lots Nine (9) and Ten (10), in Van Hoose-Van Winkle Addition to the City of Fayetteville, Arkansas, more particularly described as follows, to -wit: Beginning at an old iron pin which iron pin is located at a point which is 304.3 feet South and 450 feet East of the northwest corner of the Southwest Quarter (SW '/.) of the Northwest Quarter (NW %) of Section Fifteen (15) in Township Sixteen (16) North of Range Thirty (30) West of the 51h Principal Meridian, thence East 12.5 feet to an old iron pin located on the West boundary line of an existing ten (10) foot alley; thence South along the western boundary line of said ten (10) foot alley a distance of 76.7 feet, thence West 12.5 feet„ thence North 76.7 feet to the old iron pin marking the point of beginning, as reflected upon plat or survey dated August 24, 1966, prepared by John E. Mahaffey and Associates, Consulting Engineers, Fayetteville, Arkansas. Parcel No: 765-12671-000 Deed -1045-981 Part of the Southwest Quarter (SW 'V.) of the Northwest Quarter (NW '/<) of Section Fifteen (15), in Township Sixteen (16) North, of Range Thirty (30) West of the 51h Principal Meridian, described as follows, to -wit: Beginning at a point which is one hundred three and one -eleventh (103 1/11) poles South of the northwest comer of said Section 15, and running, thence South one hundred (100) feet; thence East two hundred eighty-four and one-half (284'/z) feet; thence North one hundred (100) feet; thence West two hundred eight -four and one-half (284'/:) feet to the place of beginning, except so much off the west end thereof as is now occupied and used as a portion of College Avenue, in the City of Fayetteville, further known as Lot One (1) in the County Court Plat of the Northwest Quarter (NW %.) of Section 15, Township 16 North, Range 30 West, in said City. PERMANENT EASEMENT DESCRIPTION: A permanent easement described as follows: Begin at the Northeast corner of the 5 foot wide alley as shown on Plat of Survey by Gary Lee Denzer, PS 1266 recorded at 2007-00004667 of the records of Washington County, Arkansas, and run thence North 02° 47' 00" East along the east line of Lot 10 as shown on said Plat of Survey a distance of 17.23 feet; thence leaving said east line South 86° 59' 14" West a distance of 118.67 feet; thence North 87° 30' 42" West a distance of 63.28 feet; thence North 02° 38' 56" East a distance of 70.04 feet; thence North 87° 21' 32" West a distance of 75.31 feet; thence South 03° 04' 34" West a distance of 5.73 feet; thence Fy-336 BP MWY 3/2812007 TRACT NO. Fy-336-1 GENERAL'UTILITY EASEMENT Page 2 of 3 South 86° 24' 17" East a distance of 65.37 feet; thence South 02° 38' 56" West a distance of 64.68 feet; thence North 83° 54' 07" West a distance of 47.34 feet; thence North 65° 42' 10" West a distance of 15.46 feet; thence South 03° 58 34" West a distance of 10.66 feet; thence South 65° 42' 10" East a distance of 13.37 feet; thence South 83° 49' 06" East a distance of 71.89 feet; thence North 02° 47' 00" East a distance of 7.35 feet; thence South 87° 25' 52" East a distance of 19.00 feet; thence South 02° 47' 00" West a distance of 2.50 feet; thence South 87° 25' 52" East a distance of 150.00 feet; thence North 02° 4700" East a distance of 2.50 feet to the point of beginning, containing 4,030 square feet or 0.09 acres, more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such rock wall and driveway shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. L WITNESS the execution hereof on this the y day of c4 be, 2007. 62 cQL Fv-33R AP MWY ROW7 TRACT NO. Fy-336-1 GENERAL UTILITY EASEMENT Page 3 of 3 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON SS. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared M. L-Ltrye ('mot ec{t v to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. hand and seal on this }—h day of (y�%D 2007. C. G: cTA r. m :. •%54r (n MY RES: 4ptiJ (4 aoia 4h L4j7YL0, e ;>� Notary Public C.. 7•:C nn ..,.1.. __. _--- OOSE/ VAN WINKLE ADDITION LOT 7 BLOCK 2 LOT 5 LOT 8 S 03'04'34' W L LOT 6 CHURC PARCEL. No. 765-11731-010 N 6542'1 — . — . —. —S 03'58'3e W 10.66. N 875 W 75.31' 86241 E m Iz 65.37'le BUILDING 3 ii k m�ol i W eif°1 I N m Ig • N 3sa'or w i 10 I. S 654210 E S 834906• . / 10' ALLEY 13.37' 71.89' —/ N 0747000 7.35' PARCEL No. 765-126711-000 -- P TY PARCEL No. 765-11731-000 & 765-11731-001 LOT 10 N 830' 2' W 86'5914 W 718.67 6 83. ' ------_18.61 S 87'25'52' E 150 00' s 02.4700• w 250' 87'x.5'52• E 5e ALLEY 19.00' C411cGoodwin Williams E Vales EnITeeiIi Cu0lune N 02'4700' E 7-17.2s' N 0247'0 2.50' N W E S 50' 100' SCALE Y = 50' LEGEND GENERAL UT611Y EASEMENT -.-.--.--'-'- BUILDING LINE ALLEY LINE -----^- PROPERTY LINE VAN NOOSE/VAN VNKLE LINE -----oGAS LINE ---- OVERHEAD ELECTRIC ME +- UNDERGROUND 1ELEPHONE LINE GENERAL UTILITY EASEMENT 220 N. Cl FAVFTTPv11 1/1 (2.8.08) Clarice Pearman - Ords. 5106-5108 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 2.8.08 12:34 PM Subject: Ords. 5106-5108 Attachments: 5108 ADM 08-2902 Amd R-PZD 07-2576.pdf; 5107 VAC 07-2853 1st Christian Chur ch.pdf; 5106 RZN 07-2852 Broyles Woodstock.pdf CC: Audit; GIS Jeremy: Attached are the above ordinance passed by City Council, February 5, 2008. Please let me know if there is anything else needed for these items. Have a good weekend. Thanks. Clarice 1 NORTHWEST ARKANSAS EDITION II - Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, 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: City of Fayetteville- Ordinance 5107 February 11, 2008 Publication Charge: $116.05 Subscribed and sworn to before me This// day of P),X u41Th , 2008. Notary Public My Commission Do not pay from Affidavit, an invoice will be sent ORDINANCE NO. 5107 MI ORDINANCE APPROVING VACAND SUS, INC. BY MOIO, WILLIAMS& AND NORTH INC. FOR PROPERTY LOCATED AT 220 NORTH COLLEGE AVENUE TO VACATE AN ALLEY, A TOTAL OF 0.08 ACRES. ARKANSAS 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 alley: See Exhlbtt'Battached hereto and made a pan hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto end labeled Exhibit'A' shall be filed in the office of the Recorder at the County and record- ed In the Deed Records of the County PASSED and APPROVED this 51h day of February, 2008, APPROVED: ATTEST By: By: DAN COODY, Mayor SONDRA E. SMITH, City CNrkRnnunr Exhibit A is a map and may be viewed In the office of the city cletlNreasurer during normal business • hours. EXHIBIT "B' VAC 07.2853 A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF I SECTION 15, TOWNSHIP 16 NORTH. RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT AND RUN THENCE SOUTH 02° 47' 00' WEST ALONG THE WEST LINE OF SAID 40 ACRE TRACT A DISTANCE OF 375.89 FEET; THENCE LEAVING SAID WEST LINE. SOUTH 87° 13' 00' EAST A DISTANCE OF I 30.00 FEET TO A SET MAGNETIC NAIL ON THE EAST RIGHT OF WAY LINE OF COLLEGE AVENUE AT THE SOUTHWEST CORNER OF LOT 6 IN BLOCK 2 OF THE VAN HOOSENAN WINKLE ADDI- I TION TO CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF SAID ADDITION RECORD- ' ED IN BOOK 4C PAGE 207 OF THE RECORDS OF WASHINGTON COUNTY. ARKANSAS, FOR THE 'TRUE POINT OF BEGINNING'; THENCE SOUTH 87° 25 57 EAST ALONG THE SOUTH LINE OF LOTS 5 AND 6 IN BLOCK 2 OF SAID ADDITION A DISTANCE OF 280.00 FEET TO A SET COTTON SPINDLE ON THE WEST LINE OF LOT t0 IN BLOCK 2 OF SAID ADDITION; THENCE SOUTH 020 47' 00' WEST ALONG SAID WEST LINE OF SAID LOT 10 A DISTANCE OF 5.00 FEET TO A SET COT - I TON SPINDLE AT THE SOUTHWEST CORNER OF SAID LOT 10; THENCE SOUTH 87° 25 52' EAST I ALONG THE SOUTH UNE OF SAID LOT 10 A DISTANCE OF 150.00 FEET TO A SET COTTON SPIN. DLE AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTH LINE OF SAID LOT 10 SOUTH 0Y 47' 00' WEST A DISTANCE OF 5.00 FEET TO A SET COTTON SPINDLE AT THE SOUTHEAST CORNER OF THE ALLEY; THENCE NORTH 87° 25' 52 WEST ALONG THE SOUTH LINE OF SAID ALLEY A DISTANCE OF 430.00 FEET TO A SET MAGNETIC NAIL ALONG THE EAST RIGHT OF WAY LINE OF COLLE AVENUE; THENCE LEAVING SAID SOUTH LINE OF SAID ALLEY NORTH 02° 47' 00' EAST ALO{JG SAID EAST RIGHT OF WAY LINE A DISTANCE OI 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3550 SQUARE FEET OR 0.08 ACRE°J MORE OR LESS. 44-L r i �t P I I; .1 I. ` I p w � t 4 N 0 1 2c9a, 52C -n 9 g.. 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YY t' Fl YRN ,T • MSC t 4 �� In p ,i i°5 i,?R14t TV k5C MSC M W '�i 1 .f �5 1D(MSC N_A 7WF Z44 W �1 �R.F 24 S C c;� M15G . �e sd4 ✓� .. ��M' ,e �'CiGDNISi i 4°i e-�tir •.l�i�CC` t���� F'v7''.i1n. T' 1. 1 dleR ST a$ o' 1 V n AAYi ': p$4� •R s ATF 41 TH dRt.F 26 -r14 1 }U1F 25RMT 2d 0 • , t ''x.. • v { iRP2Dei - li i RP,LI x)�1, T N R '• Y .v IVh D RP2D1F r W24 RSFA tl dr �' VA>E 89 [�..VC.i -AR .> II, i RSF�>L _RSFId G1.C Ps; - Overview Legend Boundary Subject Property `„i Planning Area VAC07-2853 Overlay District ❑ I Outside City Legend = Hillside -Hilltop O erlay District 0 0.25 0.5 1 Mies