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Home My WebLink AboutOrdinance 5544 Doc ID: 014938930003 Type: REL Kind: ORDINANCE Recorded: 12/17/2012 at 09:22:48 AN Fee Amt: $25.00 Paae 1 of 3 Mashinaton Countv. AR Bette Stamas Circuit Clerk File2012-00038016 ORDINANCE NO. 5544 AN ORDINANCE APPROVING VAC 12-4231 SUBMITTED BY ALLEN JAY YOUNG FOR PROPERTY LOCATED BETWEEN WEST CLEVELAND STREET AND WEST DOUGLAS STREET TO VACATE AN ALLEY, A TOTAL OF 0.25 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 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 as shown 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. Section 3: That this vacation approval is subject to Conditions of Approval and shall not be in effect until the conditions are met. 1. The City of Fayetteville retains a utility easement within said right-of-way between Lots 1-7 and Lots 26-32. 2. Relocation of or damage to any existing utilities will be at the owner's expense. PASSED and APPROVED this 20`n day of November, 2012. APPROVED: ATTEST: >; p\TY 00. PG.w / r e` :FAYETTEVILLE:x_ By: By: 441 . Com, u�'��-' %a•..9 5 . L NELD , Mayor SONDRA E. SMITH,City Clerk/Treai*ib kANs oJ�``�.` EXHIBIT "A" VAC12-4231 U OF A Close Up View BERRY ST II - �. .:•n C-1 R' , Q EAGLE ST - - _ W II RPZD �I �' SUBJECT PROPERTY C.2 r� lip i _ -- W J �WE _ I J I� {' L1! On Sol I - r .r 9 P-t = I L . i q&JGLAB ST a Legend x jr I ing)MAPLE ST Future Trails _ __� Fayetteville City Limits zoom d° AC12-4231 - Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 125 250 500 750 1,000 ------ Planning Area Feet EXHIBIT "B" VAC 12-4231 ALLEY VACATION DESCRIPTION: (BLOCK 2, OAKLAND PLACE ADDITION) THE NORTH-SOUTH 15' ALLEY LYING ADJACENT TO THE WEST LINE OF LOTS 1-16 AND LYING ADJACENT TO THE EAST LINE OF LOTS 17-32, ALL IN BLOCK 2 OF OAKLAND PLACE ADDITION, CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON PLAT OF RECORD AT BOOK 4, PAGE 48 IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS. Washington County,AR I certify this instrument was filed on 12/17/2012 09:22:46 AM and recorded in Real Estate File Number 2012-00038016 Bette Stamps-Circuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/20/2012 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: VAC 12-4231: Vacation (ALLEY BETWEEN W. CLEVELAND ST. AND W. DOUGLAS ST./UNIVERSITY OF ARKANSAS, 559): Submitted by ALLEN JAY YOUNG for public alley located BETWEEN WEST CLEVELAND STREET AND WEST DOUGLAS STREET. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, and contains 0.25 acres. The request is to vacate an alley. 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 Jy E __ Previous Ordinance or Resolution# DepanmDirectar Date Original Contract Date: Original Contract Number: City Attorney Date 0- �joS� 11-5-2.17 Finance and Internal Services Director Date Received in oily Clerk's Office C ief of Sta Date Ell Ell �(H Received in � 12 Mayor's Office ayor Dale Comments: Revised January 15,2009 a e e ille THE CITY OF FAYETT ENTCO,ARKANSAS DEPARTMENT CORRESPONDENCE 4 RKAN ShS 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: September 28, 2012 Subject: VAC 12-4231 (ALLEY BETWEEN CLEVELAND ST.AND DOUGLAS ST./UNIVERSITY OF ARKANSAS) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate an alley. BACKGROUND The subject alley way is located between Cleveland Street and Douglas Street and was platted with the Oakland Place Addition in 1909. Two alleys were originally platted, but never constructed. The cast/west alley was vacated by the City Council in 1948. The north/south alley is now almost completely overgrown with vegetation and generally functions as yard space for the adjacent properties. Of the 32 original lots platted in Block 2, 16 are owned by the University of Arkansas. Request: The applicant's request is to vacate the entire length of the platted alley right-of-way. The Water and Sewer Division has reviewed this request and does not object to the vacation. Utility improvements will be required at the time of development. DISCUSSION On October 22, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-1 (Cabe recused). BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 12-4231 SUBMITTED BY ALLEN JAY YOUNG FOR PROPERTY LOCATED BETWEEN WEST CLEVELAND STREET AND WEST DOUGLAS STREET TO VACATE AN ALLEY, A TOTAL OF 0.25 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 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 as shown 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. Section 3: That this vacation approval is subject to Conditions of Approval and shalt not be in effect until the conditions are met. 1. The City of Fayetteville retains a utility easement within said right-of-way between Lots 1-7 and Lots 26-32. 2. Relocation of or damage to any existing utilities will be at the owner's expense. PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" VAC12-4231 U OF A Close Up View BERRY S7 _ - - - '! f•: Ji 1 -i �'? uV r , i . .11 Jf R 110 1 i: !i 1 :,�7; j 1� -EAGLE ST ! ,. ._• =-X n � � I CS Rvzu SUBJECT PROPERTY rt'.� 1 �; 1= - '� a " "J•0. �I ---GLf VHhANp,ST awl r r jr- E �y . it " Er -- - - - DOUGLAS-ST _ Lip I y n: i ' m f fffggg r V , Legend MAPLE S r - r ••""�•• Future Trails Fayetteville City Limits LUOkAC12-4231 Footprints 2010 Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 125 250 500 750 1.000 ------ Planning Area Feel EXHIBIT "B" VAC 12-4231 ALLEY VACATION DESCRIPTION: (BLOCK 2, OAKLAND PLACE ADDITION) THE NORTH-SOUTH 15' ALLEY LYING ADJACENT TO THE WEST LINE OF LOTS 1-16 AND LYING ADJACENT TO THE EAST LINE OF LOTS 17-32, ALL IN BLOCK 2 OF OAKLAND PLACE ADDITION, CITY OF FAYETTEVILLE,ARKANSAS AS SHOWN ON PLAT OF RECORD AT BOOK 4, PAGE 48 IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS. 0 aye evlle PC Meeting of October 22, 2012 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 THRU: Jeremy Pate, Development Services Director DATE: ^e'er be .i Updated October 31, 2012 VAC 12-4231: Vacation (ALLEY BETWEEN W. CLEVELAND ST. AND W. DOUGLAS ST./UNIVERSITY OF ARKANSAS, 559): Submitted by ALLEN JAY YOUNG for a public alley located BETWEEN WEST CLEVELAND STREET AND WEST DOUGLAS STREET. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.25 acres.The request is to vacate an alley. Planner: Jesse Fulcher Findings: Property Description and Background: The subject alley way is located between Cleveland Street and Douglas Street and was platted with the Oakland Place Addition in 1909. Two alleys were originally platted, but never constructed. The east/west alley was vacated by the City Council in 1948. The north/south alley is now almost completely overgrown with vegetation and generally functions as yard space for the adjacent properties. Of the 32 original lots platted in Block 2, 16 are owned by the University of Arkansas. Request: The applicant's request is to vacate the entire length of the platted alley tight-of- way. The Water and Sewer Division has reviewed this request and does not object to the vacation. Utility improvements will be required at the time of development. Easement Vacation Approval: The applicant has submitted the required easement vacation notification forms to the City of Fayetteville, utility companies, and adjacent land owners with the results summarized below. UTILITIES RESPONSE AEP/SWEPCO No Objections Ozarks Electric Cooperative No Objections Cox Communications No Objections Source Gas No Objections AT&T No Objections GA\ETC\Development Services Review\2012\1)evelopment Review\12-4231 VAC UofA_Cleveland\18 Planning Conunission\IO-22- 12 PC forwarded\Comments and Redlines CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections ADJACENT LAND OWNERS: RESPONSE Michael Ibsen Agree Billy&Devona Campbell Agree Donald Roller Wilson Trust Agree Paul Gayer Properties LLC Agree Joe &Lorene McFerran Revocable Trust Agree Benjamin Bogle Agree Bobby& Dawn Watts Agree 2 Winks&A Nod LLC Agree Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 12-4231 to the City Council with a recommendation for approval subject to the following condition: 1. The City of Fayetteville retains a utility easement within said right-of-way between Lots 1-7 and Lots 26-32. 2. Relocation of or damage to any existing utilities will be at the owner's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded O Denied O Tabled Date: October 22,2012 Motion: Cook Second: Chesser Vote: 7-0-1 (Cabe recused) Notes: G\ETC\Development Services Review\2012\Development Review\12-4231 VAC UofA_Cleveland\18 Planning Commission\10-22- 12 PC forwarded\Comments and Redlines I t V q t v.� a i _ v C KV pnip ti ¢. o h' fa