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Home My WebLink AboutOrdinance 5211 I IIIIIIIIINIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIII�IIIII EL Recorded ; 01/26/2009Doc ID : 0atT1fe47R24 AM Fee Amt : $30 . 00 Page 1 of 4 Washington County . ARBette n /� MO5 Circuit Clerk Fl1e2009_00002520 ORDINANCE NO, 5211 AN ORDINANCE APPROVING VAC 08-2982 SUBMITTED BY NORTHSTAR ENGINEERING CONSULTANTS, INC. FOR PROPERTY LOCATED NORTH OF MAINE STREET, BETWEEN SANG AVENUE AND CROSS AVENUE TO VACATE A PORTION OF AN ALLEY, A TOTAL OF 0.21 ACRES, IN ORDER TO DEVELOP THE MARKHAM HILL COTTAGE COURTS. 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. 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. 1 . The alley shall not be vacated until new streets and easements for the Markham Hill Cottage Courts project have been dedicated by easement plat to the satisfaction of utility companies and the City. 2. Relocation of any existing facilities will beat the owner/developer' s expense. Page 2 Ord. 5211 R1UTR ''�.. Y �F PASSED and APPROVED this 6th day of January, 2009. `�• c?� .Gp - AP ;NtLD ED ATTEST: - ; FAYETfEVILLE ; • � k 9RNgNSP,% (��An'�'s�' 6940 '�,;;�GTON ;;o`'�� By: By: aza, e N/ � uuuo�„ JORD , Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A.. N � m M ! I e o tn o I I .a .-• I I O � � O I I s .•-� G a � � n . i r ^ CY) n O MM S U W b Jll Z o g I QNZ � Fvi ~ . 0 m 0%60 — t� I > ap a � a � o III 5 W I 13# W Q o III �t 4 a III R x � Hw i I sly o o p0 h V) a n I I Fn o !i W of m XU cl o LLI III i � omicg3 • � � O ypp Gi Vl _W y, Jl. ® n I O 4 Z S OZUFIo M1- 4 .1 O I I I O W6w ti Z !i r z3 W a 0 ac � $ ei rAw < WW o � W r At I I Ii $ wz) ` £ O T � O F� Q � 06 W 1I I I O Ob z4 �J < S�J ~ 2 / ck: o a :. NONK N +1 J I QQIVU WO Z2 MO ZN g a O I I I N IZ ZZILKD Q' 2 g s WWF oU ZW VV Z 2 OO.W� _ ._ _ . I w = �ooW EXHIBIT "B" VAC 08-2982 BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF BLOCK 1 , WEST END ADDITION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, THENCE NO2041 '08"E 15 .00 FEET, THENCE S88019147"E 600.00 FEET, THENCE S02041 '08"W 15 .00 FEET, THENCE N8801914711W 600.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.21 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT OF WAYS OR EASEMENTS OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 01/26/2009 11 :47:24 AM and recorded in Real Estate File Number 2009-00002520 Bette Stamps - Circuit Clerk by W RECEIVED JAN 2 0 2009 Arkansas Democrat azeW CCnYITY OCLERKS OFF(CELE Northwest Arkansas Times 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 5211 January 13 ,2009 Publication Charge : $ 1"0'7.60 Signed: ___ )L&�i_ Subscribed and sworn to before me This 13 day of Aa�u �a� � 2009 . Notary Public My Commission Expires: �h?a G ,2o /,7, / ETM q. /q Do not pay from Affidavit, an invoice will be sent GpMM. F+7� •` 'karBLLc tic•...os..?°,� & , N @ } / AAit / \ : : � '�®(44� RECEIVED JAN 2 0 2009 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5211 AN ORDINANCE APPROVING VAC 06-2982 SUB- .� MITTED BY NORTHSTAR ENGINEERING CONSULT- ANTS, ONSULT- ANTINC. FOR PROPERTY ERLOCATED NORTH OF /� 1 MAINE STREET, BETWEEN SANG AVENUE AND y GY G CROSS AVENUE TO VACATE A PORTION OF AN ALLEY, A TOTAL OF 0.21 ACRES, IN ORDER TO ARKANSAS DEVELOP THE MARKHAM HILL COTTAGE COURTS. � WHEREAS, the City Council has the authon'ty under A.CA. § 1454-104 to vacate public grounds a portions thereof which'em not requked for corpomle purposes; end WHEREAS, the City Council has determined that the following described portion of the plat. ted alley Is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRT OF FAYETTEVILLE, ARKANSAS- � f : Sao on-]; That the City Council of the City of Fayettewl7e, Arkansas_ her y acatBS and aban- dons the fotloiving described alley:Sae ExNWt 'B' attached hereto and made a pad hereof. Section2: That a copy of this Ordinance duly cerafia0 by the City Clerk along wllh the map attached hereto and labeled Exhiba 'A' shall be filed in the office of the Recorder of the County and recorded In the Deed Records of Rile County., I Section 0: That this vacation approval is subject lathe Conditions of Approval as follows, and shall not be In effect until all conditions are met. I . 1. The alley shall not be vacated until new streets and easements for the Markham Hit Cottage Courts project have been dedicated by easement plat to the satisfaction of utility companies and the City. - - 2. Retocatlon of any existing facilities will be at the ovner/tlevebpers expense. PASSED and APPROVED this 6th day of January, 2009. , APPROVED: ATTEST -By: By,. LIONELD JORDAN, Nayar SONDRA E. SMITH, City ClerkAF wwvni r I Exhibit A is a map and my be viewed In the office N the Fayetteville City Clerkgreasurer during normal business fours. EXHIBIT 'B" VAC OB•1B8__� � BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF BLOCK 1, WEST END ADDITION. FAYE TEVILLE, WASHINGTON COUNTY;ARKANSAS, THENCE N02041'OB'E715.00 FEET.7HENCE S88°19'4TE 600.00 FEET, THENCE S02641'08V 15.00 FEET THENCE NBB°19'4TW 600.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.21 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT OF WAYS OR EASEMENTS OF RECORD OR FACT OeD City of Fayetteville Staff Review Form City Council Agenda Items and ' / Contracts, Leases or Agreements VRC 08A8a 12„ 6,2008 I��I��alJr¢k�Nhw All City Council Meeting Date LJJ C/ �pp Agenda Items Only Jeremy Pate O' Planning Operations Submitted By Division Department Action Required: VAC 08-2982: (Markham Hill Cottage Courts, 520): Submitted by Northstar Engineering Consultants, Inc. for property located north of Maine Street, between Sang Avenue and Cross Avenue. The request is to vacate an alley on the subject property. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Q -1 '&e) Previous Ordinance or Resolution # Department Dir ctor Date Original Contract Date: 2.6- c Q Original Contract Number: City Attorney Date Received in City TJ (Z ^ ,9,\ \ l � l ' 6 $ Clerk's Office Finance and Internal Service Director Date 1 b Received in 2 Mayor's Office Mayor 1 J� Date Comments: Revised April 16, 2007 City Council Meeting of December 16, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: November 25, 2008 Subject: Alley Vacation for Markham Hill Cottage Courts PZD (VAC 08-2982) RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance vacating a portion of the alleys on the subject property. BACKGROUND The subject property consists of approximately 2. 54 acres located north of Maine Street and west of Cross Avenue, less than 0.25 mile west of the University of Arkansas Campus. The Markham Hill Cottage Courts project (R-PZD 08-2980) was approved by the City Council on August 19, 2008 for 18 single family and 5 two-family cottages (28 units total). There are existing 15-foot alley rights-of-ways that traverse east-west through the project site. In order to construct the Markham Hill Cottage Courts development the applicant proposes to abandon portions of these alleys (0.30 acres) as indicated on the submitted exhibits. These alleys were discussed during the PZD review process, and required to be vacated prior to issuance of building permits. DISCUSSION Notification was provided to all appropriate utility representatives, the City, and adjacent property owners with no objections to the requested alley vacation. This item was heard at the regular Planning Commission meeting on November 24, 2008 and forwarded by vote of 7-0- 1 (Trumbo recused) on the consent agenda to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 08-2982 SUBMITTED BY NORTHSTAR ENGINEERING CONSULTANTS, INC. FOR PROPERTY LOCATED NORTH OF MAINE STREET, BETWEEN SANG AVENUE AND CROSS AVENUE TO VACATE PORTIONS OF TWO ALLEYS, A TOTAL OF 0.30 ACRES, IN ORDER TO DEVELOP THE MARKHAM HILL COTTAGE COURTS. 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 alleys are 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 alleys: 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. 1 . The alley shall not be vacated until new streets and easements for the Markham Hill Cottage Courts project have been dedicated by easement plat to the satisfaction of utility companies and the City. 2. Relocation of any existing facilities will be at the owner/developer' s expense. Page 2 Ord. PASSED and APPROVED this day of 12008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerkrrreasurer EXHIBIT "A" co N ¢ no N m O O II m m n N p m r p • J V asg 60 a 00 �g m rn ( y ^M wia zw C) 00 � r � � p p •�� n N ^wUm = rm Q � 'c.' 0 .�Fi m � 2 'm UOQ J U O J � Ow h `QT U- — z pSU 2F O y\J WQW W2U' a n ss. O1 � 3 � rW.. urc O �- pw Z I V � CiBWQ W � I � • '?A' O fal 6 N > LLNOp W W Q m CO _�' W I I JN Wrp hr z_ N m 0p I I I ZW O32r V• JNt 2 r.. tn OU Z _I � ON I I JO pW •- p4Wr- W •l ^ I ! I MO. 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