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Home My WebLink AboutOrdinance 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