HomeMy WebLinkAboutOrdinance 5499 K1nd. ORDINANCE
Reco".ad. 08/05/2012 at 02:42:99 PM
Fee Amt: 835.00 Facie 1 of 5
Washinaton County. AR
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/]Circuit clerkQ _
File2012-0001(�V00V
ORDINANCE NO. 5499
AN ORDINANCE APPROVING VAC 12-4064 SUBMITTED BY CRAFTON
TULL AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1001
WEST ROCHIER STREET TO VACATE UNDEVELOPED STREETS AND
ALLEY WAYS IN THE ROCHIER HEIGHTS SUBDIVISION.
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 undeveloped
streets and alley ways 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 undeveloped streets and alley ways as described in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached 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 15th day of May, 2012.
APPROVED: ATTEST:
By: .-.___By: Gv
Y*LD ,Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "A"
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EXHIBIT `B"
VAC 12-4064
LEGAL DESCRD'TION FOR STREETS AND ALLEYS TO BE VACATED:
STREETS AND ALLEYS, OR PORTIONS THEREOF, TO BE VACATED ARE ALL LOCATED
WITHIN ROCHIER HEIGHTS ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS AS
SHOWN UPON THE ORIGINAL PLAT OF RECORD FOR SAID ROCHIER HEIGHTS ADDITION
ON PLAT BOOK 5 AT PAGE 69,IN THE PLAT RECORDS OF WASHINGTON COUNTY,
ARKANSAS, BEING A PART OF THE NE1/4 OF THE NEIA OF SECTION 20 AND A PART OF
THE NWI/4 OF THE NWI/4 OF SECTION 21,TOWNSHIP 16 NORTH,RANGE 30 WEST,
WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARIS AVENUE:
THAT PART OF PARIS AVENUE LYING SOUTH OF ROCHIER AVENUE AS PREVIOUSLY
DESCRIBED AND DEDICATED BY CITY OF FAYETTEVILLE ORDINANCE#1450 AND
RECORDED IN VOLUME 653 AT PAGE 75 OF THE RECORDS OF WASHINGTON COUNTY,
ARKANSAS BEING DESCRIBED AS:
A STRIP OF LAND FIFTY(50)FEET OF UNIFORM WIDTH FOR A PUBLIC STREET RUNNING
FROM THE SOUTH LINE OF ROCHIER STREET TO THE WEST LINE OF PARIS AVENUE AS
FORMERLY PLATTED AND OF RECORD AND SHOWN UPON THE PLAT OF ROCHIER
HEIGHTS ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS,MORE PARTICULARLY
DESCRIBED AS A STRIP OF LAND FIFTY(50)FEET OF UNIFORM WIDTH LYING EAST OF
AND INSIDE A LINE WITH THE FOLLOWING DESCRIBED CURVATURE: BEGINNING AT THE
NORTHEAST CORNER OF BLOCK 6 IN ROCHIER HEIGHTS ADDITION TO THE CITY OF
FAYETTEVILLE,ARKANSAS, SAID POINT BEING ALSO 562.62 FEET EAST AND 299.84 FEET
SOUTH OF THE NORTHWEST CORNER OF SECTION 21, TOWNSHIP 16 NORTH,RANGE 30
WEST OF THE 5TH P.M.,AND RUNNING THENCE SOUTH 89° 59' WEST,429.36 FEET ALONG
THE SOUTH LINE OF ROCHIER STREET TO THE POINT OF BEGINNING FOR THE WEST LINE
OF THE STRIP OF LAND HEREIN CONVEYED; THENCE S 37'43'W,64.00 FEET TO THE P.C.
OF A 30°09'CURVE TO THE SOUTHEAST; THENCE CURVING SOUTHEASTERLY ALONG
SAID CURVE 267.64 FEET TO THE P.T. OF SAID CURVE,THIS CURVE LINE BEING ON THE
WEST AND OUTSIDE LINE OF RIGHT-OF-WAY OF THE 50-FOOT STRIP HEREIN CONVEYED
FOR STREET;THENCE S 43'E, 103.45 FEET OR TO THE WEST LINE OF PARIS AVENUE AS
FORMERLY PLATTED; THENCE SOUTH 62 FEET TO THE NORTH END OF PARIS AVENUE AT
THE NORTHWEST CORNER THEREOF AS NOW PLATTED; THENCE EAST FIFTY (50)FEET;
THENCE NORTH 84 FEET TO THE SOUTH LINE OF GRANDVIEW STREET AS FORMERLY
PLATTED AND THE PORTION OF WHICH IS NOW CLOSED;THENCE NORTHWESTERLY TO
THE EAST LINE OF THE STREET HEREIN CONVEYED. IT IS INTENDED AND UNDERSTOOD
THAT SAID 50-FOOT STRIP OF LAND SHALL CONSTITUTE A CURVED CONTINUATION OF
PARIS AVENUE AS THE SAME NOW EXISTS TO ROCHIER STREET,AS THE SAME ARE
PLATTED.
ALSO,ALL THAT PART OF PARIS AVENUE AS ORIGINALLY PLATTED THAT IS BOUNDED
ON THE NORTH BY THE SOUTH LINE OF THE ABOVE DESCRIBED PORTION OF PARIS
AVENUE AS DESCRIBED IN SAID ORDINANCE#1450 AND RECORDED IN VOLUME 653 AT
PAGE 75 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS AND LOCATED
BETWEEN BLOCKS 7, 8, 10, 12 OF SAID ROCHIER HEIGHTS ADDITION THAT EXTENDS TO
THE NORTH LINE OF THE ST. LOUIS & SAN FRANCISCO RAILROAD AS SHOWN ON SAID
PLAT OF ROCHIER HEIGHTS ADDITION.
WAUNETTA AVENUE:
ALL THAT PART OF WAUNETTA AVENUE AS ORIGINALLY PLATTED AND SHOWN UPON
THE PLAT OF ROCHIER HEIGHTS ADDITION THAT LIES SOUTH OF ROCHIER STREET AND
WEST OF THE ST. LOUIS & SAN FRANCISCO RAILROAD,AND LYING EAST OF LOTS 1 AND
11 OF BLOCK 6,AND EAST OF LOTS 1 AND 7 OF BLOCK 7, ALL WITHIN SAID ROCHIER
HEIGHTS ADDITION.
PANSY STREET:
ALL OF PANSY STREET AS ORIGINALLY PLATTED AND SHOWN UPON THE PLAT OF
ROCHIER HEIGHTS ADDITION THAT LIES BETWEEN THE WEST BOUNDARY LINE OF SAID
ROCHIER HEIGHTS ADDITION AND THE WEST LINE OF THE ST. LOUIS &SAN FRANCISCO
RAILROAD AND LYING SOUTH OF LOTS 10, 11, 12, 13, 14, 15, 16, 17, 18 OF BLOCK 10 AND
NORTH OF LOTS 1,2 OF BLOCK 11,INCLUDING THAT SMALL PORTION OF PANSY STREET
LYING SOUTH OF LOT 13 OF BLOCK 9 OF SAID ADDITION.
ROCKBLUFFSTREET:
ALL OF ROCKBLUFF STREET AS ORIGINALLY PLATTED AND SHOWN UPON THE PLAT OF
ROCHIER HEIGHTS ADDITION THAT LIES BETWEEN ROSE AVENUE AND THE WEST LINE
OF THE ST. LOUIS& SAN FRANCISCO RAILROAD AND LYING SOUTH OF LOTS 10, 11, 12, 13,
14, 15, 16, 17, 18 OF BLOCK 8 AND LOTS 5, 6,7 OF BLOCK 7,AND NORTH OF LOTS 1, 2, 3, 4, 5,
6, 7, 8, 9 OF BLOCK 10,AND LOTS 1, 2,3 OF BLOCK 12 OF SAID ADDITION.
GRANDVIEW STREET:
THAT PORTION OF GRANDVIEW STREET AS ORIGINALLY PLATTED AND SHOWN UPON
THE PLAT OF ROCHIER HEIGHTS ADDITION THAT LIES BETWEEN THE EAST LINE OF
ROSE AVENUE AND THE WEST LINE OF PARIS AVENUE AS ORIGINALLY PLATTED,AND
LYING SOUTH OF LOTS 10, 11, 12, 13, 14, 15, 16, 17, 18 OF BLOCK 5,AND NORTH OF LOTS 1,
2, 3, 4,5, 6, 7, 8, 9 OF BLOCK 8;AND THAT PORTION OF GRANDVIEW STREET THAT LIES
BETWEEN THE WEST BOUNDARY LINE OF SAID ROMER HEIGHTS ADDITION AND THE
WEST LINE OF ROSE AVENUE WHICH LIES SOUTH OF LOT 12 OF BLOCK 4 AND NORTH OF
LOT 1 OF BLOCK 9 OF SAID ADDITION.
ROSE AVENUE:
ALL THAT PART OF ROSE AVENUE AS ORIGINALLY PLATTED AND SHOWN UPON THE
PLAT OF ROMER HEIGHTS ADDITION THAT LIES SOUTH OF THE PLATTED CENTERLINE
OF GRANDVIEW STREET,BEING THE SOUTH LINE OF THE PROPERTY AS DESCRIBED IN
WARRANTY DEED 2006-45373 AS TRACT"A",AND EXTENDING TO THE SOUTH
BOUNDARY LINE OF SAID ROCHIER HEIGHTS ADDITION WHICH LIES EAST OF LOTS 1,2,
3,4, 5,6, 7, 8, 9, 10, 11, 12, 13 OF BLOCK 9,AND WEST OF LOTS 9, 10 OF BLOCK 8 AND WEST
OF LOTS 9, 10 OF BLOCK 10 OF SAID ADDITION.
ALLEYS:
THAT PORTION OF THE ALLEY LOCATED WITHIN BLOCK 5 THAT LIES WEST OF PARIS
AVENUE AS ORIGINALLY PLATTED AND SHOWN UPON THE ORIGINAL PLAT OF ROMER
HEIGHTS ADDITION AND EAST OF THE EAST LINE OF LOTS 8, 11 OF BLOCK 5 AND LYING
SOUTH OF LOTS 1, 2,3,4, 5, 6, 7 AND NORTH OF LOTS 12, 13, 14, 15, 16, 17, 18 ALL IN BLOCK
5 OF SAID ADDITION.
ALSO,THE ALLEY LOCATED WITHIN BLOCK 7 THAT LIES SOUTH OF LOTS 1,2,3,4 AND
NORTH OF LOTS 5, 6, 7 OF BLOCK 7 OF SAID ADDITION;
Also,the Alley located within Block 8 that lies South of Lots 1, 2,3, 4, 5, 6, 7, 8,9 and North of Lots 10,
11, 12, 13, 14, 15, 16, 17,18,and North, South,East, and West of Lot 19, all in Block 8 of said Addition;
Also,the Alley located within Block 10 that lies South of Lots 1,2, 3,4, 5, 6, 7, 8,9 and North of Lots
10, 11, 12, 13, 14, 15, 16, 17, 18, all in Block 10 of said Addition;
Also,that portion of the Alley located along the West boundary line of said Rochier Addition lying South
of Grandview Street and extending to the South boundary line of said Rochier Addition, and lying West
of Lots 1, 2,3,4, 5, 6, 7, 8,9, 10, 11, 12, 13 of Block 9 of said Addition.
Washington County, AR
I certify this instrument was filed on
08/05/2012 02:42:39 PM
and recorded in Real Estate
File Number 2012-00018008
Bette Stamps-C' uit k
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/15/2012
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
VAC 12-4064: Vacation (1001 W. ROCHIER ST./PARK GREEN, 561): Submitted by CRAFTON TULL AND
ASSOCIATES, INC. for property located at 1001 WEST ROCHIER STREET. The property is zoned RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE AND RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER
ACRE. The request is to vacate undeveloped streets and alley ways in the Rochier Heights Subdivision.
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
I G
M.14, Previous Ordinance or Resolution#
Depadment Di ctor Date
Original Contract Date:
Original Contract Number:
tomey Date
`PDQ al. _ f�.,. l,._ `1 3e-zetz
Finance and Internal Services Director Date Received in City
Clerk's Office ,
��
Ch of of St Date EBiEHEU
Received in
Mayor's Office
M yor
Comments:
Revised January 15,2009
TaT�T- THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
NSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: April 27, 2012
Subject: VAC 12-4064 (Park Green/Rochier Heights)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to vacate undeveloped streets and
alley ways within the Rochier Heights Subdivision.
BACKGROUND
The subject property contains approximately 19.39 acres and is located south of Martin Luther King Boulevard
and south of the intersection of Paris Avenue and Rochier Street within the Rochier Heights Subdivision.
Rochier Heights Subdivision was platted in 1926 and included several dedicated streets and alleys; however,
only a few of the streets were ever constructed. Access to the site is currently from Rochier Street, which dead-
ends on the north side of the property. The remainder of the subdivision is currently undeveloped.
The applicant's request is to vacate the unconstructed alley and street rights-of-way within the Rochier Heights
Subdivision. None of these streets or alleys were ever constructed, and a portion of Paris has already been
vacated (Ord. No. 1426). Many of these streets and alleys could not be feasibly constructed due to topography,
rail road right-of-way or overhead utility lines.
DISCUSSION
On April 23, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of
approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 12-4064 SUBMITTED
BY CRAFTON TULL AND ASSOCIATES, INC. FOR
PROPERTY LOCATED AT 1001 WEST ROCHIER STREET TO
VACATE UNDEVELOPED STREETS AND ALLEY WAYS IN
THE ROCHIER HEIGHTS SUBDIVISION.
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 undeveloped
streets and alley ways 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 undeveloped streets and alley ways as described in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached 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 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
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OF ROCHIER HEIGHTS ADDITION
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FAYEREVILLE ARKANSAS
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Ord Pg 2
EXHIBIT "B"
VAC 12-4064
LEGAL DESCRIPTION FOR STREETS AND ALLEYS TO BE VACATED:
STREETS AND ALLEYS,OR PORTIONS THEREOF, TO BE VACATED ARE ALL LOCATED
WITHIN ROCHIER HEIGHTS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS
SHOWN UPON THE ORIGINAL PLAT OF RECORD FOR SAID ROCHIER HEIGHTS ADDITION
ON PLAT BOOK 5 AT PAGE 69, IN THE PLAT RECORDS OF WASHINGTON COUNTY,
ARKANSAS, BEING A PART OF THE NEI/4 OF THE NEIA OF SECTION 20 AND A PART OF
THE NW 1/4 OF THE NW 1/4 OF SECTION 21,TOWNSHIP 16 NORTH,RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARIS AVENUE:
THAT PART OF PARIS AVENUE LYING SOUTH OF ROCHIER AVENUE AS PREVIOUSLY
DESCRIBED AND DEDICATED BY CITY OF FAYETTEVILLE ORDINANCE#1450 AND
RECORDED IN VOLUME 653 AT PAGE 75 OF THE RECORDS OF WASHINGTON COUNTY,
ARKANSAS BEING DESCRIBED AS:
A STRIP OF LAND FIFTY(50)FEET OF UNIFORM WIDTH FOR A PUBLIC STREET RUNNING
FROM THE SOUTH LINE OF ROCHIER STREET TO THE WEST LINE OF PARIS AVENUE AS
FORMERLY PLATTED AND OF RECORD AND SHOWN UPON THE PLAT OF ROCHIER
HEIGHTS ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS, MORE PARTICULARLY
DESCRIBED AS A STRIP OF LAND FIFTY(50)FEET OF UNIFORM WIDTH LYING EAST OF
AND INSIDE A LINE WITH THE FOLLOWING DESCRIBED CURVATURE: BEGINNING AT THE
NORTHEAST CORNER OF BLOCK 6 IN ROCHIER HEIGHTS ADDITION TO THE CITY OF
FAYETTEVILLE,ARKANSAS, SAID POINT BEING ALSO 562.62 FEET EAST AND 299.84 FEET
SOUTH OF THE NORTHWEST CORNER OF SECTION 21,TOWNSHIP 16 NORTH,RANGE 30
WEST OF THE 5TH P.M., AND RUNNING THENCE SOUTH 89° 59' WEST, 429.36 FEET ALONG
THE SOUTH LINE OF ROCHIER STREET TO THE POINT OF BEGINNING FOR THE WEST LINE
OF THE STRIP OF LAND HEREIN CONVEYED;THENCE S 37'43'W, 64.00 FEET TO THE P.C.
OF A 30°09'CURVE TO THE SOUTHEAST;THENCE CURVING SOUTHEASTERLY ALONG
SAID CURVE 267.64 FEET TO THE P.T. OF SAID CURVE, THIS CURVE LINE BEING ON THE
WEST AND OUTSIDE LINE OF RIGHT-OF-WAY OF THE 50-FOOT STRIP HEREIN CONVEYED
FOR STREET; THENCE S 43° E, 103.45 FEET OR TO THE WEST LINE OF PARIS AVENUE AS
FORMERLY PLATTED; THENCE SOUTH 62 FEET TO THE NORTH END OF PARIS AVENUE AT
THE NORTHWEST CORNER THEREOF AS NOW PLATTED; THENCE EAST FIFTY(50) FEET;
THENCE NORTH 84 FEET TO THE SOUTH LINE OF GRANDVIEW STREET AS FORMERLY
PLATTED AND THE PORTION OF WHICH IS NOW CLOSED; THENCE NORTHWESTERLY TO
THE EAST LINE OF THE STREET HEREIN CONVEYED. IT IS INTENDED AND UNDERSTOOD
THAT SAID 50-FOOT STRIP OF LAND SHALL CONSTITUTE A CURVED CONTINUATION OF
Ord Pg 3
PARIS AVENUE AS THE SAME NOW EXISTS TO ROCHIER STREET,AS THE SAME ARE
PLATTED.
ALSO,ALL THAT PART OF PARIS AVENUE AS ORIGINALLY PLATTED THAT IS BOUNDED
ON THE NORTH BY THE SOUTH LINE OF THE ABOVE DESCRIBED PORTION OF PARIS
AVENUE AS DESCRIBED IN SAID ORDINANCE#1450 AND RECORDED IN VOLUME 653 AT
PAGE 75 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS AND LOCATED
BETWEEN BLOCKS 7, 8, 10, 12 OF SAID ROCHIER HEIGHTS ADDITION THAT EXTENDS TO
THE NORTH LINE OF THE ST.LOUIS & SAN FRANCISCO RAILROAD AS SHOWN ON SAID
PLAT OF ROCHIER HEIGHTS ADDITION.
WAUNETTA AVENUE:
ALL THAT PART OF WAUNETTA AVENUE AS ORIGINALLY PLATTED AND SHOWN UPON
THE PLAT OF ROCHIER HEIGHTS ADDITION THAT LIES SOUTH OF ROCHIER STREET AND
WEST OF THE ST.LOUIS& SAN FRANCISCO RAILROAD, AND LYING EAST OF LOTS 1 AND
11 OF BLOCK 6, AND EAST OF LOTS 1 AND 7 OF BLOCK 7, ALL WITHIN SAID ROCHIER
HEIGHTS ADDITION.
PANSY STREET:
ALL OF PANSY STREET AS ORIGINALLY PLATTED AND SHOWN UPON THE PLAT OF
ROCHIER HEIGHTS ADDITION THAT LIES BETWEEN THE WEST BOUNDARY LINE OF SAID
ROCHIER HEIGHTS ADDITION AND THE WEST LINE OF THE ST. LOUIS & SAN FRANCISCO
RAILROAD AND LYING SOUTH OF LOTS 10, 11, 12, 13, 14, 15, 16, 17, 18 OF BLOCK 10 AND
NORTH OF LOTS 1, 2 OF BLOCK 11, INCLUDING THAT SMALL PORTION OF PANSY STREET
LYING SOUTH OF LOT 13 OF BLOCK 9 OF SAID ADDITION.
ROCKBLUFFSTREET:
ALL OF ROCKBLUFF STREET AS ORIGINALLY PLATTED AND SHOWN UPON THE PLAT OF
ROCHIER HEIGHTS ADDITION THAT LIES BETWEEN ROSE AVENUE AND THE WEST LINE
OF THE ST. LOUIS & SAN FRANCISCO RAILROAD AND LYING SOUTH OF LOTS 10, 11, 12, 13,
14, 15, 16, 17, 18 OF BLOCK 8 AND LOTS 5, 6,7 OF BLOCK 7, AND NORTH OF LOTS 1, 2, 3, 4, 5,
6, 7, 8, 9 OF BLOCK 10,AND LOTS 1,2, 3 OF BLOCK 12 OF SAID ADDITION.
GRANDVIEW STREET:
THAT PORTION OF GRANDVIEW STREET AS ORIGINALLY PLATTED AND SHOWN UPON
THE PLAT OF ROCHIER HEIGHTS ADDITION THAT LIES BETWEEN THE EAST LINE OF
ROSE AVENUE AND THE WEST LINE OF PARIS AVENUE AS ORIGINALLY PLATTED, AND
LYING SOUTH OF LOTS 10, 11, 12, 13, 14, 15, 16, 17, 18 OF BLOCK 5,AND NORTH OF LOTS 1,
2, 3, 4, 5, 6, 7, 8, 9 OF BLOCK 8; AND THAT PORTION OF GRANDVIEW STREET THAT LIES
Ord Pg 4
BETWEEN THE WEST BOUNDARY LINE OF SAID ROCHIER HEIGHTS ADDITION AND THE
WEST LINE OF ROSE AVENUE WHICH LIES SOUTH OF LOT 12 OF BLOCK 4 AND NORTH OF
LOT 1 OF BLOCK 9 OF SAID ADDITION.
ROSE AVENUE:
ALL THAT PART OF ROSE AVENUE AS ORIGINALLY PLATTED AND SHOWN UPON THE
PLAT OF ROCHIER HEIGHTS ADDITION THAT LIES SOUTH OF THE PLATTED CENTERLINE
OF GRAND VIEW STREET, BEING THE SOUTH LINE OF THE PROPERTY AS DESCRIBED IN
WARRANTY DEED 2006-45373 AS TRACT "A", AND EXTENDING TO THE SOUTH
BOUNDARY LINE OF SAID ROCHIER HEIGHTS ADDITION WHICH LIES EAST OF LOTS 1, 2,
3,4,5,6,7,8,9,10,11,12,13 OF BLOCK 9, AND WEST OF LOTS 9, 10 OF BLOCK 8 AND WEST
OF LOTS 9, 10 OF BLOCK 10 OF SAID ADDITION.
ALLEYS:
THAT PORTION OF THE ALLEY LOCATED WITHIN BLOCK 5 THAT LIES WEST OF PARIS
AVENUE AS ORIGINALLY PLATTED AND SHOWN UPON THE ORIGINAL PLAT OF ROCHIER
HEIGHTS ADDITION AND EAST OF THE EAST LINE OF LOTS 8, 11 OF BLOCK 5 AND LYING
SOUTH OF LOTS 1, 2, 3, 4, 5, 6, 7 AND NORTH OF LOTS 12, 13, 14, 15, 16, 17, 18 ALL IN BLOCK
5 OF SAID ADDITION.
ALSO, THE ALLEY LOCATED WITHIN BLOCK 7 THAT LIES SOUTH OF LOTS 1, 2, 3, 4 AND
NORTH OF LOTS 5,6,7 OF BLOCK 7 OF SAID ADDITION;
Also, the Alley located within Block 8 that lies South of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and North of Lots 10,
11, 12, 13, 14, 15, 16, 17,18, and North, South, East, and West of Lot 19, all in Block 8 of said Addition;
Also, the Alley located within Block 10 that lies South of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and North of Lots
10, 11, 12, 13, 14, 15, 16, 17, 18, all in Block 10 of said Addition;
Also, that portion of the Alley located along the West boundary line of said Rochier Addition lying South
of Grandview Street and extending to the South boundary line of said Rochier Addition, and lying West
of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 of Block 9 of said Addition.
Taye "ettevt1e PC Meeting of April 23, 2012
ARKANSA5
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
THRU: Jeremy Pate, Development Services Director
DATE: April 23, 2012 Updated April 27, 2012
VAC 12-4064: Vacation (1001 W. ROCHIER ST./PARK GREEN, 561): Submitted
by CRAFTON TULL AND ASSOCIATES, INC. for properties located at 1001 WEST
ROCHIER STREET. The properties are zoned RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE AND RMF-40, RESIDENTIAL MULTI -FAMILY, 40
UNITS PER ACRE. The request is to vacate undeveloped streets and alley ways in the
Rochier Heights Subdivision. Planner: Jesse Fulcher
Findings:
Property description: The subject property contains approximately 19.39 acres and is
located south of Martin Luther King Boulevard and south of the intersection of Paris
Avenue and Rochier Street within the Rochier Heights Subdivision. Rochier Heights
Subdivision was platted in 1926 and included several dedicated streets and alleys;
however, only a few of the streets were ever constructed. Access to the site is currently
from Rochier Street, which dead -ends on the north side of the property. The remainder of
the subdivision is currently undeveloped.
Request: The applicant's request is to vacate the unconstructed alley and street rights -of -
way within the Rochier Heights Subdivision, as indicated on Exhibits "A" and "B"
attached. None of these streets or alleys were ever constructed, and a portion of Paris has
already been vacated (Ord. No. 1426). Many of these streets and alleys could not be
feasibly constructed due to topography, rail road right-of-way or overhead utility lines.
The applicant has submitted the required easement vacation 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 Objections
G:\ETC\Development Services Review\2011\Development Review\12-4064 VAC (Rochier Heights/Park Green)\6
Planning Commission\04-23-2012\Comments and Redlines
Arkansas Western Gas No Objections
AT&T No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Public Comment: No public comment has been received.
Recommendation: Finding that adequate access exists to serve the subject property,
staff recommends forwarding VAC 12-4064 to the City Council with a recommendation
for approval subject to the following conditions:
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action:
Date: April 23, 2012
Motion: Cook
Second: Cabe
Vote: 8-0-0
'1 Forwarded O Denied O Tabled
G:\ETC\Development Services Review\2011\Development Review\12-4064 VAC (Rochier Heights/Park Green)\6
Planning Commission\04-23-2012\Comments and Redlines
PETITION
PETITION TO VACATE ALLEYS LOCATED IN ROCHIER HEIGHTS SUBDIVISION, CITY OF FAYETTEVILLE,
ARKANSAS
TO: The City of Fayetteville City Planning Commission and Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the alley hereinafter sought to be
abandoned and vacated, lying in Rochier Height Subdivision, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an alley which is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
That the abutting real estate affected by said abandonment of the alley are In Rochier Heights
Subdivision, City of Fayetteville used by the public for a period of many years, and that the public
interest and welfare would not be adversely affected by the abandonment of the portion of the above
described alleys.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real
estate, subject, however, to the existing utility easements and sewer easements as required, and that
the above described real estate be used for their respective benefit and purpose as now approved by
law.
The petitioners further pray that the above described real estate be vested In the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas abandon and vacate the above described real estate, subject to said utility and
sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting
property owners as provided by law, and as to that particular land the owners be free from the
easements of the public for the use of said alley.
Dated this 29 dayof rcRa&^ny 20 tS-
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W. Rochler St.
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2/15/12
UTILITY COMPANY: 41 £ T / SO(ATNI.V —m sre- , tv r,)c= LC-'
APPLICANT NAME: Steven Beam (Representative) APPLICANT PHONE: 479-841-1338
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
X Alley
x Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, rig/it-of-way), described as follows:
General location ( Address (referring to attached document- must be completed")
1001 W. Rochier (Hilltop property at south end of Paris Drive)
(ATTACH legal description and graphic representation of what is being vacated -SUP V&Y)
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:
RcLOcAz-loN ORl7RMflC+E It) 1=X1 ST+t4l_, RT€.T FACILLT\E5 WILL
13 G.\ 5a FUZZ B'c AT T AT THE PWrE(Z(tD€yELnrPces E'EM
Signature of Utility Company Representative
OSP ENGItaC .R 'ThE541.1
Title
2009
Pege 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2115112
UTILITY COMPANY: Cnr rini✓It[niiaftons
APPLICANT NAME: Steven Beam (Representative) _ APPLICANT PHONE: 479-841-1338
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
X Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
X Alley
X 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**)
1001 W. Rochier (Hilltop property at south end of Paris Drive)
(4 T7:9Cli legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above,
• No objections to the vacation(s) described above, provided following described easements arc retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
r.t irli.naPC rte ac AIA Ir /;en of ex;sl,n aoaW :f;ef ,i! 6e
J
I fAe- ,=lPp g*&rs L'X, 4 re,
c-/ 2
Signature of Utility Company I2 enlativc
Title
hh 20(19
Page
APR/04/2012/WED 12:23 PM FAX No, P. 001/001
UTILITY APPROVAL FORM
FOR RIGET- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2/15/12
/ ,i
UTILITY COMPANY: i.s, i i1y, Z.
.
P 1t
APPLICANT NAME: Steven Beam (Representative) APPLICANT PHONE: 479-841-1338
REQUESTED VACATION (applicant Must check all that apply):
— Utility Easement
XC Right-of-way for alley or streets and all utility easements located within the vacated right- of- way,
X Alley
iC 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**)
1001 W. Rochier (Hilltop property at south end of Paris Drive)
(ATTACIIlegal deacrlptlon and graphic representation of what is being vacated SUIT VEI')
UTILITY COMPANY COMMENTS:
ry No objections to the vacation(s) described above.
No objections to the vocation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
£ /Z2Z
Signature of U ity Company Representative
;,:2/ StOntfla,t
Title
July sao9
Page S
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2/15/12
UTILITY COMPANY: op ` S(LD& PC O
AppLICANTNAME; Steven Beam (Representative) APPLICANT PHONE: 479-841-1338
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
jC Alley
*C 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**)
1001 W. Rochier (Hilltop property at south end of Paris Drive)
(A TTACH legal description and graphic representation of what is being vacated -SURVEY)
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.)
foe'' E/eclrtc lr«nswtissiot Grne rna/.
• No objections provided the following conditions are met:
Signa of Utility Company Representative
/1c Engl4eer—
Title
July 2009
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 0 4/0 512 0 12
UTILITY COMPANY: CITY OF FAYETTEVILLE
APPLICANT NAME: APPLICANT PHONE:
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.
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(referringto attached document- must be completed**)
,1bJIITC
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
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:
ignatttrc of Utili€y ompany Representative
UTILITIES ENGINEER
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 2/15/12
UTILITYCOMPANYY: .-� rJ l u]? 'E -e d— PPQ'1 L ✓1r
5
APPLICANT NAME: Steven Beam (Representative) APPLICANT PHONE: 479-841-1338
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
JC Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
JC Alley
X 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**)
1001 W. Rochier (Hilltop property at south end of Paris Drive)
(ATTACH legal description gjyj graphic representation of what is being vacated -SURVEY)
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:
Signaturc of Utility Compau Rcpresentativc
We l
Title
July 2009
Page 5
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 2/23/12
Address / location of vacation: 1001 W Rochier ( Hilltop Property at the South end of Paris Drive)
Adjacent properly address: 605 Chestnut St, Chattanooga, TN 37450
Lot: ._._._..._. Block:_ Subdivision: Rochier Heights ._
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement right-of-way), described as follows:
(Include legal description: and graphic representation of what is being vacated) - See Attached
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
I do not object to the vacation described above.
Ida object to the requested vacalion because:
_ ,z%- CAE✓
1'rojcxamc
Srl~halih r{a-r A(Kc., cc.
Nance of Adjaceut Property Owner (printed)
� / r
Signajtt(c off Adjnccnt Property Owner
Applicant Name
Ady 2009
Page 6
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- Or- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 2/23/12
Address / location of vacation: 1001 W Rochier ( Hilltop Property at the South end of Paris Drive)
Adjacent property address: P.O. Box 1282, Fayetteville, AR 72702
Lot: . Block: Subdivision: Rochier
REQUESTED VACATION:
I have been notified of the petition to vacate the following (aUeh, easement, right-of-way), described as follows:
(Include legal description and graphic representation of what is being vacated) - See Attached
ADJACENT PROPERTY OWNERS COMMENTS:
LI I have been notified of the requested vacation and decline to comment.
3S( I do not object to the vacation described above.
I do object to the requested vacation because:
G✓e 4t c-" C s
�ltl -t z (.//,/4,4 V %?G elll i - ( ci2Lt VGQ-J
Project Name
feiv
Name of Adjacent Property Owner (printed]
Signature of Adjacent Property Owner
Applicant Name
July 2009
Page 6
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- Or- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Data: 2/23/12
Address / location of vacation: 1001 W Rockier ( Hilltop Property at the South end of Paris Drive)
Adjacent property address: I Old Bloomfield Ave, Mountain Lake, NJ 07046
Lot: Block: Subdivision: RochierHeights
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easennenl, righl-of-way), desctibed as follows:
(Include legal description rind graphic represehtallon of what Is being vacated) - See Attached
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vocation and decline to continent.
X I do not object to the vacation described above.
O 1 do object to the requested vacation because:
Project Name
piAAadQ P4 2rop ILL
Name of Adjacent Property Owner (prinfed)
Signuturoo Adjacent ropertyOwner
Applicant Name
Judy 2009
Page 6
VAC 12-4064
Close Up View
PARK GREEN
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INDIAN TRL
rn '� IMO;
R -O
Y
SUBJECT PROPERTY
IWI
Legend
Nlulti-Use Trail (Existing)
Future Trails
`_ _ _: Fayetteville City Limits"
L ,.,1iwAC12-4064
jjj Footprints 2010
M Hillside -Hilltop Ov rlay District
[_ ! Design Overlay Di trict
Design Overlay Di trict
I,
CHERRYWOOD OR
P•1
^-•••• 12TH ST
0 125 250 500 750 1.000
Planning Area FE
NORTHWEST ARKANSAS DEMOCRATGAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NEWSPAPE16LLC THE MORNING NEWS OF EC
ENTON COUNTY DAILRECO D
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442-1700 1 WWW.NWANEWS.COM
RECEIVED
AFFIDAVIT OF PUBLICATION
JUN 05 2012
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the CITY OF FAYETTEVILLE
Northwest Arkansas Newspapers, LLC, printed and published in CITY CLERKS OFFICE
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance 5499
Was inserted in the Regular Editions on:
May 24, 2012
Publication Charges: $ 64.85
Karen Caler -
Subscribed and sworn to before me
This 31 day of /l.(� , 2012.
t/vl�
Notary Public
My Commission Expires: Z/Z4Lol'7L
,JATL
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.