HomeMy WebLinkAboutOrdinance 4204 FILED FOR RECORD
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ORDINANCE NO. 4204 K' lIAR1drc, AR r
AN ORDINANCE VACATING AND ABANDONING STREET RIGHT
OF WAY FOR A PORTION OF NORTH HILLS BOULEVARD AS
REQUESTED BY CRAFTON, TULL & ASSOCIATES, INC. ON
BEHALF OF WASHINGTON REGIONAL MEDICAL CENTER.
WHEREAS, the City ouncil has the authority under A.C.A. § 14-54- 104 to vacate
portions of streets and alleys are not required for corporate purposes and,
WHEREAS, the City Council has determined that the following described street right of
way 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 hereby vacates and abandons all of its rights, together
with the rights of the public generally, in and to the following described street right of way located
in Washin;ton County, Arkansas:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. A copy of this ordinance duly certified by the City Clerk 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 7th day of December , 1999.
�f , F A �ETlF�� APPROVED:
r
4
or
a •. By:
�. o Fr d Hanna, Mayor
ATIE
By:
eather Woodruff, City Cl
2000013749
ord . 4204
EXHIBIT "A"
LEGAL DESCRIPTION
A part of the Southwest Quarter (SW'/4) of the Southwest Quarter (SWI/4) of Section 26, a part of
the Northwest Quarter (NW'/4) of the Northwest Quarter (NW'/4) of Section 25 and a part of the
Northeast Quarter (NE /4) of the Northeast Quarter (NE'/4) of Section 34, all in Township 17 North,
Range 30 West, Washington County, Arkansas; being more particularly described as follows:
beginning at a point North 88 °52'39' East - 60.97 feet from the Southwest corner of the Southwest
Quarter (SVT'/4) of the Southwest Quarter (SW'/4) of said Section 26; thence 347.51 Feet along a
curve to the left having a radius of 950.00 feet and a chord of North 14 °02'34" East - 345 .57 feet;
thence 267.92 feet along a curve to the left having a radius of 455 .00 feet and a chord of South
23 '29'59" East -264.06 feet; thence 16.74 feet along a curve to the right having a radius of 425 .00
feet and a chord of North 76 °21 '06" West - 16.74 feet; thence 45 .65 feet along a curve to the left
having a radius of 30.00 feet and a chord of South 61 ' 10'49" West - 41 .37 feet; thence 54.24 feet
along a curve to the right having a radius of 1050.00 feet and a chord of South 19 °03'50" West -
54.24 feet; thence South 24002121 " East - 14. 18 feet; thence 52.34 feet along a curve to the right
having a radius of 1060.00 feet and a chord of South 22 °30' 14" West - 52.33 feet; South 69 °03' 17"
West - 14. 18 feet; thence 18.83 feet along a curve to the right having a radius of 1050.00 feet and
a chord of South 24 °58'40" West - 18.83 feet; thence South 25 '29'30" West - 93.88 feet; thence
208.94 feet along a curve to the left having a radius of 450.00 feet and chord of South 12 ° 11 '21 "
West - 207.07 feet; thence South 0 °33'07" East - 259.51 feet; thence 47.42 feet along a curve to
the left having a radius of 30.00 feet and a chord of South 45 °49'53" East - 42.63 feet to the North
right-of-way of Appleby Road; thence along the North right-of-way of Appleby Road, South
88 °53'22" West - 130.30 feet; thence leaving the North right-of-way of Appleby Road and running
North 0°33'07" West - 293.49 feet; thence 251 .68 feet along a curve to the right having a radius
of 550.00 feet and a chord of North 12 °22'38" East - 249.49 feet; thence North 25 °29'30" East -
93.88 feet; thence 16.07 feet along a curve to the left having a radius of 950.00 feet and a chord of
North 2500012511 East - 16.07 East - 16.07 feet to the point of beginning, containing 2.06 acres,
more or less.
LESS AND EXCEPT: The reservation of a utility and sewer easement on, over, across and under
the above described property to construct, lay, remove, relay, enlarge and maintain public utilities.
2000013750
I, Kathleen Harness, Circuli Clerk and Ex-officio
Recorder for Washington County, Arkansm, do hereby
certify that this instrument was Illed for record in my
office as Int ieatod hereon and the game Is now duty
recorded wfh the acknowledgement and certificate
thereon in RoMfla Book and Psgo as indicated thereon.
IN WITNESS WHEREOF, 1 have hereunto set my
hand and affixed the seat of said Court on the date indi-
cated hereon.
ath!ee Hamesa
Ci it I c and EX-of iolo RoCordar
b•
Principals Associates Y7o
Danny L. Brown, P.E. Everett L. Balk, P.E.
Bob H. Crafton, P.E. Al Harris, R.L.S.
Thomas E. Hopper, P.E. Kurtis J. Jones, P.E.
Cline L. Mansur, P.E., R.L.S. James W. Kooistra, A.I.A.
• R.E. (Gene) Reece, P.E. Tom Mansur, P.E.
David Swearingen, A.I.A. Robert C. Reece, P.E.
James L. Tull, C.D.A. Rick G. Rose, R.L.S.
Principal Emeritus George G. Shells, P.E., D.E.E.
James P. Swearingen, A.I.A.
Lemuel H. Tull, P.E. Richard Wright, R.L.S.
Grafton, Tull & Associates, Inc.
Architects, Engineers & Surveyors Harry Gray, P.E.
(1941 - Gray,
November 30. 1999
The Fayetteville City Council
Administration Building
113 W. Mountain Street
Fayetteville, AR 72701
RE: Request for vacation of existing street right-of-way
for a portion of North Hills Boulevard
Dear Council Members:
On behalf of Washington Regional Medical Center, the adjacent propert owners to the above referenced street
vacation, we are requesting a portion of North Hills Boulevard street right-of-way to be vacated. The area of
the Boulevard requested to be vacated extends from the north side of Appleby Road on the south to a point just north
• of Monte Painter Drive immediately southwest of the North Hills Medical Park.
Washington Regional Medical Center has plans to construct a new hospital facility on their property west of the
existing North Hills Boulevard and requires the use of the proposed vacated right-of--way for construction of portions
of their parking areas.
North Hills Boulevard has been physically relocated and reconstructed approximately 800 feet east of the existing
Boulevard on Washington Regional Medical Center's property all at their expense. The new portion of the Boulevard
is currently in operation. New right-of-way will be dedicated to the Cityof Fayetteville for this replacement portion
of North Hills Boulevard.
Attached for your rewlew and consideration are copies of the petition for street right-of-way vacation; a vicinity map,
and a right-of-way plat which shows the requested area for vacation.
We appreciate your consideration in this vacation request which %%ill enable the proposed hospital facility to be
constructed at this location. The proximity of the proposed hospital to the existing medical offices and facilities will
be a great asset to the general public using these medical services.
Sincerely,
CRAFTONTULL & ASSOCIATES, INC.
4f ' "
AI Harris, R.L.S.
• attachments
P.O. Box 1173 / 2345 N. Green Acres Rd. / Fayetteville, Arkansas 72703-1173 / (501 ) 443-4535 / FAX (501 ) 442-6966
E-mail: cta@craftull.com Website: http://www.craftull.com
PETITION
• PETITION TO VACATE A PORTION OF A STREET RIGHT-OF-WAY FOR NORTH
HILLS BOULEVARD LOCATED BETWEEN MONTE PAINTER DRIVE AND
APPLEBY ROAD IMMEDIATELY SOUTHWEST OF THE NORTH HILLS MEDICAL
PARK, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being the owners of the real estate abutting the right-of-way
hereinafter sought to be abandoned and vacated, lying between Monte Painter Drive
and Appleby Road immediately Southwest of the North Hills Medical Park, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way
for a portion of North Hills Boulevard which is described as shown on attached Exhibit
"A":
That the abutting real estate affected by said abandonment of the right-of-way are a
portion of Sections 26, 272 34 and 35 of Township 17 North, Range 30 West located
between Monte Painter Drive and Appleby Road immediately Southwest of the North
Hills Medical Park, 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 street right-of-way.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
attached described real estate, subject, however, to the existing utility easements and
sewer easements as required , and that the attached described real estate be used for
their respective benefit and purpose as now approved by law.
The petitioners further pray that the attached 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 attached 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 right-of-way. /
Dated this '�f day of r] /4 1999.
Property Owner: WA5)u � �ticx�u �Itt�i ac� li.�tti'
asN ton Regi na edical Center
• Signatbre
EXHIBIT " A "
LEGAL DESCRIPTION
• A part of the Southwest Quarter (SW '/4) of the Southwest Quarter (SW '/.) of
Section 26, a part of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW '/A)
of Section 35 and a part of the Northeast Quarter (NE '/.) of the Northeast Quarter (NE
'/.) of Section 34, all in Township 17 North, Range 30 West, Washington County,
Arkansas; being more particularly described as follows: beginning at a point North
88052'39" East - 60.97 feet from the Southwest corner of the Southwest Quarter (SW 'h)
of the Southwest Quarter (SW '/<) of said Section 26; thence 34 7 . 51 feet
along
345 curve feet
to
the left having a radius of 950.00 feet and a chord of North 14 02'34
thence 267.92 feet along a curve to the left having a radius of 455 .00 feet and a chord of
South 23°29'59" East - 264.06 feet; thence 16. 74 feet along a curve to the right having a
radius of 425 .00 feet and a chord of North 76°21 '06" West - 16.74 feet; thence 45 .65 feet
along a curve to the left having a radius of 30.00 feet and a chord of South 61 ° 10'49"
West - 41 . 37 feet; thence 54 .24 feet along a curve to the right having a radius of 1050.00
feet and a chord of South 19°03'50" West - 54 .24 feet; thence South 24`02'21 " East -
14. 18 feet; thence 52 .34 feet along a curve to the right having a radius of 1060.00 feet
and a chord of South 22°30' 14" West - 52. 33 feet; thence South 69°03' 17 " West - 14. 18
he right having a radius of 1050.00 feet and a
feet; thence 18 . 83 feet along a curve to t
chord of South 24°58'40" '.'est - 18. 83 feet; thence South 25°29'30" West - 93 . 88 feet;
thence 208 .94 feet along a curve to the left having a radius of 450.00 feet and a chord of
South 12° 11 '21 " West - 207 .07 feet; thence South 0033'07 " East - 259.51 feet; thence
47.42 feet along a curve to the left having a radius of 30.00 feet and a chord of South
• 45°49'53 " East - 42 .63 feet to the North right-of-way of Appleby Road; thence along the
North right-of-way of Appleby Road, South 88°53'22" West - 130.30 feet; thence leaving
the North right-of-way of Appleby Road and running North 0°33'07" West - 293 .49 feet;
thence 251 .68 feet along a curve to the right having a radius of 550.00 feet and a chord of
North 12°22'38" East - 249.49 feet; thence North 25°29'30" East - 93 .88 feet; thence
16.07 feet along a curve to the left having a radius of 950.00 feet and a chord of North
25°00'25" East - 16.07 feet to the point of beginning, containing 2.06 acres, more or less.
•
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/30/1999 p;
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VACATION ALIGNMENT
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Time: 8: 30 am
• Scale: 1=1 Drawing Name: JOBn ES\98158-01\ENG\DWG\viemap.dwg.DWG (Idavi)
Data: 11/30/1999
RECEIVED
ORDINANCE NO. 4204
STATE OF ARKANSAS (�
-'
along a curve to the left having County of Washington SS. DEC 2 2 1999
AN ORDINANCE VACATING a radius of 455.00 feet and a
AND ABANDONING STREET chord of South 23°29'59"East - ACCTG. DEPT
RIGHT OF WAY FOR A FOR 264.06 feet; thence 16..74 feet 1, JEFF JEFFUS y certify
TION OF NORTH HILLS BOU-. along curve to the right hav- , hereb certi that I am the publisher of THE
LEVARD AS REQUESTED BY ing a. radius of 425.00 feet and NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
CRAFTON. TULL 8 ASSOC[- a chord of North 76021 '06"
ATES, INC. ON BEHALF OF + West -16.74 feet; thence 45.65 mailing privilege, and being not less than four pages of five columns each,
WASHINGTON REGIONAL havin long a curve to the left published at a fixed lace of business and at fixed (daily) Intervals
MEDICAL CENTER. and ac chord of South 61 a radius of *100'49- continuously in the City of Fayetteville, County of Washington, Arkansas for
WHEREAS, the City Council West - 41 .37 feet; thence 54.24
has the authority under A.C.A. feet along a curve to the right more than a period of twelve months, circulated and distributed from an
§14-54-104 to vacate portions having a radius of 1050.00 feet established place of business to subscribers and readers generally of all
of streets and alleys which are W sa chord Of South
thence°Sou h classes in the Ci and County for a definite rice for each
not s and, for corporate pur- City ty price copy, or a fixed
poses and, thence 52. East -along
a feet; rice per annum, which rice was fixed at what is considered the value of the
thence 52.34 feet along a curve p p p
WHEREAS, the City Council to the right having a radius of publication, based upon the news value and service value it contains, that at
has deterdescribed
street
that the follow- South022'30 14 eet tlWest-52.33 least fiftypercent of the subscribers thereto have aid for their subscriptions
a chord of
ing of required
street right oway feet; south 69003'17' West- to the newspaper or its agents or through recognized news dealers over a
is not required for corporate 14.18 feet: thence 18.83 feet
Purposes. along a curve to the right hay. period of at least six months and that the said newspaper publishes an
NOW THEREFORE, BE IT OR- ing a radius of 1050.00 feet and a of more than forty DAINED BY THE CITY COUN- a chord of South 24°58'40" average Percent news matter.
CIL OF THE CITY OF FAYET- West -18.83 feet; thence South
TEVILLE, ARKANSAS: 25029'30' West - 93.88 feet;
thence 208.94 feet along a I further cMIZ
that the
U/ /-/2 the legal notice attach In the matter of
Section 1 . That the City Council curve to the lett having a radius hereby vacates and ebantlons of 450.00 feet antl a chortl of
all of its rights, together with the South 12°11'21" West - 207.07
rights of the public generally, in feet; thence South 0033'07" /
and to the following describetl East-259.51 feet; thence 47.42
street right of way located in feet along a curve to the left was published in the regular daily issue of said newspaper for
Washington County, Arkansas. having a radius of 30.00 feet
and a chord of South 45049'53" consecutive insertions as follows:
Sae Exhibit "A" attached hereto East-42.63 feet to the North n.n/ X('X
and made a part hereof. right-of-way of Appleby Road; II.JC� l U
thence along the North right-oh The first insertion on the - day of 19
2-9
Section 2. A copy of this ortli- way of Appleby Road, South
nance duly certified by the City 88053'22" West- 130.30 feet;
Clerk shall be filed in the Office thence leaving the North right the second insertion on the day of 19 -
of the Recorder of the County of way of Appleby Road and
and recorded in the Deed Re- running North 0°33'07' West.
cords of the County. 293.49 feet; thence 251.68 feet the third insertion on the day of 19 -
along a curve to the right hay.
PASSED AND APPROVED this ing a radius of 550.00 feet and
7th day of December, 1999. ' a chord of North 12022'38" East the fourth insertion on the ay -
-249.49 feet; thence North
APPROVED: 25°29'30' East-93.88 feet;
By: Fred Hanna, Mayor thence 16.07 feet along a curve
to the left having a radius of
ATTEST: 950.00 feet and a chord of fisher/General Manager
By: Heather Woodruff, City North 25°00'25' East -16.07 -
Clerk East-16.07 feet to the point of
beginning, containing 2.06 Sworn to and subscribed before me on this a da of
EXHIBIT°A" acres, more or less. (., � y
qqLEGAL DESCRIPTION LESS AND EXCEPT: The res- / jDi(`OA')"� /ay/� / 19
ervation of a utility and sewer
A part of the Southwest Quarter easement on, Over, across and
(SW1 /4) of the Southwest under the above describetl «7 < c
Quarter (SW1/4) of Section 26, Property to construct, lay, re.
a part of the Northwest Quarter move, relay, enlarge and main- 1 Catherine of
+ Nota Public
(NW7l4) of the Northwest Quar- tat public utilities. Notary public, State of Arkansas ry
ter (NW1/4) of Section 25 and e r Washington Count
part of the Northeast Quarter My Commission Expires• ,
(NEI/4) of the Northeast Quar- IOn Expires 02r.)7/05 )Oi
ter of Section 34, all 3 Town- .(auuacccucacccc(ucc(c<u<u1 �y (jJ�
ship 17 North, Range West, , / /`/)
Washington County, Arkansas;
being more particularly descri- Fees for Printing.......................................................$
bed as follows: beginning at a
point North 88°52'39'East - -
60.97 feet from the Southwest Cost of Proof................................................4............$
corner of the Southwest Quar-
ter (SW1/4) of the Southwest \ O
Quarter (SWI/4) of. said Sec-
lion 26: thence 347.51 Feet Total..........................................................................$
along a curve to the left having
a radius of 950.00 feet and a
chord of North 14002'34' East -
345.57 feet; thence 267.92 feet
FAYETTEVILLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: December 13, 1999
Attached is a copy of the resolution vacating street right-of-way for a portion of North Hills
Boulevard for the Washington Regional Medical Center. The ordinance will be filed with the
County, then microfilmed and filed with the City Clerk.
CC. Ed Connell, Engineering
Clyde Randall, Engineering
John Goddard, Data Processing