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Home My WebLink AboutOrdinance 4433 ORDINANCE NO. 4433 AN ORDINANCE APPROVING VA 02- 11 .00 TO VACATE AND ABANDON A SECTION OF STREET RIGHT OF WAY ON SUNBEST DRIVE, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION 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 right-of-way easement 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 of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described right-of-way easement: See Exhibit "A" attached hereto and made a part hereof. Section 2. That 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 the 5`h day of November, 2002. ` rtE / It APPROVED: Y► �� DAN COODY, Mayor ATTEST: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID : 004488280002 TVPe . REL By: Recorded : 04/ 18/2003 at 01 : 31 : 49 PM Fee Amt : $11 . 00 Peae 1 of 2 Heather- Woodruff, City—Cla gette�9temosountvR circuit Clerk F11e2003-00021982 EXHIBIT "A" PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QURTER (NE 1/4) OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE FULLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 25, THENCE SOUTH O101290199EAST 25.0 FEET; THENCE SOUTH 88°54'28" WEST 449.65 FEET; THENCE NORTH O1 ° 12 '01 " WEST 25 .0 FEET; THENCE NORTH 88°54'28" EAST 449.65 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.258 ACRE ( 117241 SQUARE FEET), MORE OR LESS. Washington County, AR I certify this instrument was filed on 04/15/2003 01 :31 :49 PM and recorded in Real Estate File Number 2003-0002 982 Bette Stamps - r Jerk by NAME OF FILE: Ordinance No. 4433 CROSS REFERENCE: Item # Date Document 1 11/05/02 Ordinance # 4433 2 10/24/02 Staff Review Form 3 12/05/02 Memo from Heather Woodruff, City Clerk to Tim Conklin, Plannin l NOTES : STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of November 5 , 2002 . FROM : Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : To approve an ordinance for VA 02 - 11 . 00 as submitted by The City of Fayetteville for property located at 3868 Sunbest Drive , Fayetteville , Arkansas . The request is to vacate a section of street right -of-way as shown and described on the attached map and legal description . COST TO CITY : $ 0 Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : pAoc tfni� Manager Date ADA Coordinator Date oz- c4ZT-ATYorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on October 14 , 2002 the Planning Commission voted 7-0-0 to recommend the vacation be approved by the City Council . • /p�J�-GZ Cross Reference Di on e Date 1 f,0 Depa en, ector / atD a New Item : Yes No Xh /O A ' i trative Servic s Date Prev Ord/Res# : Dire r Ma Me Orig Contract Date : ORDINANCE NO, AN ORDINANCE APPROVING VA02- 11 .00 TO VACATE AND ABANDON A SECTION OF STREET RIGHT OF WAY ON SUNBEST DRIVE, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 right-of-way easement 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 of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described right-of-way easement: See Exhibit "A" attached hereto and made a part hereof. Section 2. That 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 day of 92002. APPROVED: By DRAFT Dan Coody, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QURTER (NE 114) OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE FULLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 25, THENCE SOUTH O1012'01 "EAST 25.0 FEET; THENCE SOUTH 88°54'28" WEST 449.65 FEET; THENCE NORTH O1 ° 12' 01 " WEST 25.0 FEET; THENCE NORTH 88°54'28" EAST 449.65 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.258 ACRE ( 117241 SQUARE FEET), MORE OR LESS. • • Page I PC Meeting of October 14, 2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Street Right-of Way Vacation 113 W. Mountain St. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU : Tim Conklin, City Planner FROM : Matt Casey, Staff Engineer DATE: October 10, 2002 Project: VAC 02-11 .00: (City of Fayetteville, Sunbest, pp 445) was submitted by the City of Fayetteville for property located at 3868 N. Sunbest. The request is to vacate a section of street right-of-way. See the attached maps and legal descriptions for the exact locations of the requested right-of-way vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric - No objections. Southwestern Electric Power Company - No objections. Arkansas Western Gas - No objections SW Bell — No objections. Cox Communications - No objections. City of Fayetteville: Water/Sewer — No objections. Street Department - No objections. Solid Waste - No objections. Engineering — No objections. Recommendation : Approval of the proposed right-of-way vacation 02- 11 .00. • VAC 02-11. 00 Page 2 PLANNING COMMISSION ACTION: yes Required Approved Denied Date• Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date: / / 0 • VACO2-11 .00 S U N B E S T Close Up View A.t c o� SUBJECT PROPERTY 0 Lon R-1 R-1 O O R0 0 Overview Legend Boundary - - Subject Properly, star Street Plan , r Planning Ar;: VACO2-MR0O0w �� FreewaylExpreaeway 0 o Overlay Dis�ct� m000000 Principal Arterial o Streets 1 I Ci Limits ,. Existing I_ _ _ City ~a%.O Minor Arterial Collector � Q Planned Outside City d eeee as Historic Collector 0 75 160 300 450 600 Feet I 11 w nn n I®� 1 .m wall l o pnnuu� � :il.A.��u �� WWI � . �� — n ►.�� ' Iitirill�Efu�i�'■��li�'Yi it ItM= MEN �_ . �il trr ■ ■1■ n. n ■ice I , =� - - r1�ISY�O °. �� • tomo -- -. ��=unr. ramnu_nq r Limnos nun► �r . ■, t 111111 .- - - ::aRtn ,� -i-O �. . - go ..�� W�- n�_uI�1��a■�:CiY .��kean F4 1 no IPI �YIYY�IY��r■ P �•�,�� I� ..—. �� ii NO u1i17Y1Y111Y�1 .p:►- i�� 7n•� - �5 'gin m �•fi��uu-.1ter--un...��I1: u•' � �(� .. 405�0�. . ♦ -J-=.grrOO• LIIIn11► rr•••■uui�� --'r • •. nr�. monsoon ame wall 111 I [ �� ,T� ►yy]],�� y�i� ,, '. - -� iiiirrtiiiiii• �iiiiiui�, �� it�jliS�r� �l ' -I r— iiii�uiiiiii ��p `� r�► V>�,�� a .■, n 1 • 1 1 1 . 1 : Planning Commission • • October 14, 2002 Page 3 Aviles: ' Good evening everybody, welcome to the October 14, 2002 meeting of your Fayetteville Planning Commission. Renee would you call the roll please? Roll Call: Upon the completion of roll call there were seven Commissioners present with Commissioners Estes and Ward absent. VAC 02-5.00: Vacation (City of Fayetteville) (Prospect, pp 445) was submitted by the .City of Fayetteville for property located at 302 Prospect. The property is zoned R- 1 , Low Density Residential and contains approximately 0.28 acres. The request is to vacate the 10' utility easement. VAC 02-11 .00: Vacation (City of Fayetteville) (Sunbest), pp 176) was submitted by the City of Fayetteville for property located at 3868 N. Sunbest. The property is zoned R- 1., Low Density Residential and contains approximately 0.25 acres. The request is to vacate the street- right-of-way. ADM 02-34:00: Administrative Item (NWA Pathology Associates, pp 212) Planning Commission consideration to amend conditions of approval requiring Final Plat of Brookstone Subdivision approval prior to an issuance of a building permit. Aviles: Thanks Renee. The first item of business tonight is not on the agenda. I would just like to wish Commissioner Hoover a very happy birthday. That shows her tremendous amount of dedication, she is here tonight. On the consent agenda we have four items, we have the approval of the minutes from the September 23`d meeting, we have two vacations, VAC 02-5 .00, which is a vacation for the City of Fayetteville at 302 Prospect, VAC 02- 11 .00 which is also for the City of Fayetteville for property. at 3868 N. Sunbest and we have ADM 02-34.00, which is an administrative item for Northwest Arkansas Pathology Associates. That is waiving the requirement of an approval of the Final Plat of the Brookstone Subdivision prior to the issuance of a building permit for the Northwest Arkansas Pathology Associates. Does anybody wish to remove any of these items from the consent agenda on the Planning Commission? Does any member of the public wish to discuss these? Hearing no one, I will go ahead and consider a motion for approval of the consent agenda. MOTION: Shackelford: I will make a motion to approve the consent agenda as presented. Aviles: Thank you. Do I have a second? Allen: I will second. Aviles: Renee, would you call the roll please? Planning Commission • October 14, 2002 Page 4 Roll Call: Upon completion of roll call the consent agenda was approved by a vote of 7-0- 0. Aviles: Thank you. The motion carries unanimously. FAYETTEVI ILE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPOND To: Tim Conklin From: Heather Woodruff, City Clerk Date: December 5, 2002 Attached is a copy of Ordinance # 4433 approving VA 02-11.00 to vacate and abandon a section of street right of way on Sunbest Drive. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering M(CaaC �'L F�� 'i — JANE 6 2007 AFFIDAVIT OF PUBLICATIO I, It ///74J; A. //0///&f2/JY , do solemnly swear that I am Legal Clerk of the Arkansas Democrat -Gazette newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, the advertisement of: (/ yWI-17G/2 ip) � was inserted in the regular editions on ** Publication Charge: $ ?'3- .3`/ Subscribed and sworn to before me this day of Notary Public My Co ires: TPI.� p'" as LinZZt" otaCY �q,tli�' 11 , ORDINANCE NOAPPROVING . 4433 ** P AN ORDINANCE VA 02-11.00 TO VACATE AND ABANDON, A SECTION OF STREET RIGHT OF WAY ON Aent. SUNSEST DRME, CITY OF FAYETTIEVILLE. ARKANSAS. AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS. the City Count' has the authority antler A.CA. 114-54-1D4 to vacate public grouts or podims thereof which are w not re it City dea' for corporatte a�a m as mat ma City of Fayettovllle folowag described right-of-way eesenent Is not readied fa corporate psp0ses. NOW. THEREFORE. BE R ORDAINED BY THE Cf1Y COUNGL OF THE CITY OF FAYETTEVILLE. ARKANSAS:, Section 1. That the City of FayetteNle. Arkansas hereby vacates and abandere al of its rights together with the rights of the puble generally. in and to the fololv4g described riglnof-way easement: See Eatibit AA® enacted hereto and made a part hereof. RECEI�/FD Ornarte eadMedbythe sofpeashag uedhthe office ofthe Seceder of me Courtly and recorded h me Deed Records of the County. PASSED and APPROVED this ge 5th day of Nrl.ember, 22. APPROVED: 1 'JAN 06 2003 DAN DY, Nd or ATTEST: CRY OF FAYETTEVILLE e'ethan wooautl, City sea CITY CLERK'S OFFICE EXHB-T AAO ^M r ry 1 vrco 1\,C hr TNR IJnRTHEAR [x1RTER INE 1 OF SECTION 25. 449.85 POINT OF SQUARE FEET). 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4433 / 5+&'`"S k AN ORDINANCE APPROVING VA 02-11.00 TO VACATE AND ABANDON A SECTION OF STREET RIGHT OF WAY ON-S(J BES,'LDRIVE, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION 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 right-of-way easement 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 of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described right-of-way easement: See Exhibit "A" attached hereto and made a part hereof. Section 2. That 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 the 5`s day of November, 2002. APPROVED: By: DAN COODY, Mayor ATTEST: NE�Ni:- 25 17 -'ate n" S-fett Pgti4 o1 Way Steams Street Right -of -Way WARRANTY DEED HUSBAND AND WIFE (With Relinquishment of Curtesy and Dower) BE IT KNOWN BY THESE PRESENTS: THAT WE, James R. Latta and Patti D. Latta, husband and wife, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which Is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated In the County of Washington, State of Arkansas, to -wit: FILED FOR RECORD '9B APR 9 PPI 1 48 WASHINGTON CO AR K. HARNESS Pan of the Northeast Quarter (NEy) of the Northeast Quarter (NE'.) of Section 25, Township 17 North. Range 30 West in Washington County, Arkansas, being more fully described as follows: Beginning at the Northeast corner of said Section 25, thence South 01' 12' 01' East 25.0 feet; thence South 88 54' 28' West 449.65 feet; thence North of 12' 01' West 25.0 feet; thence North 88 54' 28" East 449.65 feet to the Point of Beginning and containing 0.258 acre (11,241 square feet), more or less TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of dower/curtsy and homestead in and to said lands. �l WITNESS the execution hereof on this day of I14LL Q . 19 -�n. ACKNOWLEDGMENT STATE OF ARKANSAS W. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James R. Latta and Patti D. Latta, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. A1AI y/AI I �n7 Q WITNESS my hand and seal on this day of IUX� . 19! rr . MY COMMISSION EXPIRES: (0I-of-arbo 980291/7 Notary Public I fo I I. Relhmrn Hnnteok yraup a4rk snd thtofIcl0 . . ReCVlder (or WnsNhf tcn Cou:Yy, Arkanpas, do hobby catty Net Ihb iystn:mopt v a Itod for record In my office a ind4atad herp,r, end the cmna Is row duty recorded with tho acknOw'ad9emonI and certificate dmroon'In Retard Book and Pape as indicated Neuron. .. •, IN WITNESS WHERECP, I hove hereunto act my •A hand and affixed the opal of said Cowl on the date IMF caled hereon. Y.i NelNaon.Homa6a. CItcndExcfllilo Rawrder