HomeMy WebLinkAboutOrdinance 5072 11111111111 m 111 11111111111111
Doc ID : 011835100004 TVDe : REL
Recorded : 12/17/2007 at 11 : 22 : 48 AM
Fee Amt : $30 . 00 Pao* 1 of 4
Meshlnaton County , AR
Bette Stems Circuit Clerk
F1192007-00045810
ORDINANCE NO, 5072
AN ORDINANCE APPROVING VAC 07-2722 SUBMITTED
BY ALAN REID FOR PROPERTY LOCATED AT 301 SOUTH
WEST AVENUE TO VACATE THREE RIGHTS-OF-WAY:
THE ALLEY ALONG THE WEST SIDE OF THE PROPERTY,
A PORTION OF WEST AVENUE ALONG THE EAST SIDE OF
THE PROPERTY AND THE FULL WIDTH OF THE UN-
CONSTRUCTED EXTENSION OF SOUTH STREET ON THE
NORTH SIDE OF THE SUBJECT PROPERTY, A TOTAL OF
0.29 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 portions of
platted right-of-way 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 rights-of-way:
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 herein.
1 . A 10' utility easement shall be provided along the west side of West Avenue for the length of
the property.
Page 2
Ord. 5072
2. Relocation of existing utilities shall be at the owner/developer's expense including the
possible need for utility easements.
PASSED and APPROVED this 6`h day of November , 2007. =`:.•c \A Y p .• pF�
; U °
APPROVED: ATTEST: = ; FAYETTEVILLE ;
17
By: By: -���V / _` �/lt °., GTWA ��`O•
'14JAM01%
D N COOD , NL7 SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
VAC 07-2722
3ilR € '�
s il9
tlala§ ��p11IO
Y E qRi4�ill44
116� ii415 ��$� SICNO
� `� �_.—• .,�„pis , --
Lot NO NO
Bit LAO NO NO NO NO
NO NO NO
NO 1 : :: ::� -:: ':: I : :
411 oil NO
4$ t�A r :
Riit
a Iiza3 ° $ NO NO
a ">m ° NO
, ', ..- ..• ...
` NO
>•
R° il�QR�� E x
RE a NO
X4JON. NO NO
RONmNO
88aQNO NO NO
NO NO
Ot-
�gg x �aLl ` .. : .,
Jxx9q% it
8 b 8 3 • ON NO
amr Anow
3� R o� .• .A. ,
r
—z
�n
INN—
_ i it
JONI
RLMSIaNS MENN/NGER/HOUSMAAW
OR n m ARA AIW LOT i FERCUSnv AMnM we o�nonm+
` FAVrar0 L& AWAY LS atom
EASEMENT VACATION =—. ..4
EXHIBIT "B"
VAC 07-2722
VACATION DESCRIPTION - STREET VACATION "B" (WEST AVENUEI
A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED ONE ( 1 ) IN BLOCK
NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS
SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST
CORNER OF LOT ONE ( l), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET
1/2" IRON REBAR; THENCE S89°59' 19"E 20.00 FEET TO A SET 1 /2" IRON REBAR WHICH IS 40.00 WEST OF THE EAST
RIGHT-OF-WAY OF WEST AVENUE; THENCE SOO°05' 12"W PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID
WEST AVENUE 50.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°59' 19"W 20.00 FEET TO A SET 1/2" IRON REBAR
AT THE ORIGINAL SOUTHEAST CORNER OF SAID LOT ONE ( 1 ); THENCE N00°05'12"E 50.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 1000.0 SQUARE FEET, MORE OR LESS.
VACATION DESCRIPTION - ALLEY RIGHT-OF-WAY
A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERED ONE ( 1 ) IN
BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS,
AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL
NORTHWEST CORNER OF LOT ONE ( 1 ), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT
BEING A SET 1 /2" IRON REBAR; THENCE S15° 11 '02"E 51 .81 FEET TO A SET 1/2" IRON REBAR AT THE ORIGINAL
SOUTHWEST CORNER OF SAID LOT ONE (1); THENCE N89°59' 19"W 31 .09 FEET TO A SET 1/2" IRON REBAR ON THE
WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY RIGHT-OF-WAY; THENCE N15° 11 '02"W 51 .81 FEET ALONG THE
WEST LINE OF SAID ALLEY RIGHT-OF-WAY TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF
SOUTH STREET; THENCE S89°59'19"E 31 .09 FEET TO THE POINT OF BEGINNING, CONTAINING 1554.3 SQUARE FEET,
MORE OR LESS.
VACATION DESCRIPTION - STREET VACATION "A" (SOUTH STREET)
A PART OF SOUTH STREET (NOT CONSTRUCTED) LYING SOUTH OF BLOCK NUMBERED THIRTY-SIX (36) AND
NORTH OF BLOCK NUMBERED TWENTY-TWO (22) AND EAST OF THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS
AND SAN FRANCISCO RAILROAD (VACATED) IN FERGUSON'S ADDITON TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
ORIGINAL NORTHEAST CORNER OF LOT ONE ( 1 ), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION,
SAID POINT BEING A SET 1 /2" IRON REBAR; THENCE S89°59' 19"E 20.00 FEET TO A SET 1/2" IRON REBAR WHICH IS
40.00 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE N00°05' 12"E PARALLEL WITH THE EAST
RIGHT-OF-WAY LINE OF SAID WEST AVENUE 32.50 FEET TO A SET 1 /2" IRON REBAR IN THE CENTER OF SAID
SOUTH STREET; THENCE N89°59' 19"W 20.00 FEET ALONG THE CENTERLINE OF SAID SOUTH STREET TO A SET 1 /2"
IRON REBAR; THENCE N00°05' 12"E 32.50 FEET TO A POINT ON THE SOUTH BOUNDARY OF BLOCK THIRTY-SIX (36)
OF SAID FERGUSON'S ADDITION; THENCE N89°59' 19"W 158.51 FEET ALONG THE SOUTH LINE OF SAID BLOCK
THIRTY-SIX (36) TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO
RAILROAD (VACATED); THENCE LEAVING THE SOUTH LINE OF SAID BLOCK THIRTY-SIX (36), S15011102"E 67.36
FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD TO A SET 1 /2" IRON REBAR ON THE SOUTH
RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE S89°59'19"E 140.78 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.24 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
12/17/2007 11 :22:46 AM
and recorded in Real Estate
File Number 2007-0004581
Bette Stamps - Circuitle
by
O eD
City of Fayetteville // i/(, 10
Staff Review Form 597A
City Council Agenda Items /q
or Y+'T 6 o7 o c:0
Contracts
Mn n ) n5 r-
16-Oct-07
v City Council Meeting Date
Jeremy Pate D\ Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2722: (Menninger, 523): Submitted by Alan Reid for property located at 301 South West Avenue. The request is to
vacate three rights-of-way: the alley along the west side of the property, a portion of West Avenue along the east side of the
property and the un-constructed extension of South Street on the north side of the subject property.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Dep ent or Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in Ci Clerk's ffice
16 - i -o7 a4 u
Finance d Internal Service Director Date
/ Received in Mayor's Office ERTERED
07
VALIL
May / Date
Comments:
City Council Meeting of October 16, 2007
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: September 27, 2007
Subject: Right-of-way Vacation for Menniger (VAC 07-2722)
RECOMMENDATION
The Planning Commission voted to amend and forward the subject Vacation request,
VAC 07-2722 Menniger. A motion to forward passed with a vote of 7-2-0
(Commissioners Myers and Ostner voted `No').
Planning Staff recommended fowarding the requested vacation; however; with a different
recommendation than that requested by the applicant and that forwarded by the Planning
Commission.
BACKGROUND
This property is located on the west side of West Avenue at the intersection of South
Street, Block 22 of Ferguson's Addition, and is adjacent to the City's Frisco Trail. There
is an existing single-family structure located on the property. There is excess right-of-
way along the property's West Avenue frontage, an un-built alley right-of-way along the
west side of the property and the un-constructed extension of South Street adjacent to the
north property line. These areas of right-of-way are proposed by the applicant to be
vacated:
( 1 ) The West Avenue right-of-way is located on the west side of West Avenue in
front of 301 West Avenue. This right-of-way is an approximately 20' wide and
50' long strip of un-constructed right-of-way adjacent to the existing West
Avenue (see attached exhibit).
(2) The South Street right-of-way is located on the north side of the property. This
right-of-way is an approximately 65' wide and 140.78' long strip of un-
constructed right-of-way.
(3) The un-constructed right-of-way along the west property line was originally
platted to be a 30' wide street. This street was never built and now adjoins a
block of residences and the subject property. The right-of-way traverses from the
southwest property line to the northwest property line (see attached exhibit).
City Council Meeting of October 16, 2007
Agenda Item Number
DISCUSSION
The Planning Commission forwarded this item to the City Council after making
amendments to the requested vacation request at the Planning Commission meeting of
September 24, 2007. The Planning Commission agreed with staffs recommendation to
vacate the West Avenue right-of-way in front of the subject property (described in ( 1 )
above). The Planning Commission did not agree with vacating only half of the South
Street right-of-way as requested by the applicant (described in (2) above). Their
recommendation was to either fully vacate the South Street right-of-way, or to retain the
entire right-of-way. Additionally, they recommended that the alley between Frisco Trail
and the subject property be vacated as requested by the applicant (described in (3)
above).
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2722 SUBMITTED
BY ALAN REID FOR PROPERTY LOCATED AT 301 SOUTH
WEST AVENUE TO VACATE THREE RIGHTS-OF-WAY:
THE ALLEY ALONG THE WEST SIDE OF THE PROPERTY,
A PORTION OF WEST AVENUE ALONG THE EAST SIDE OF
THE PROPERTY AND THE FULL WIDTH OF THE UN-
CONSTRUCTED EXTENSION OF SOUTH STREET ON THE
NORTH SIDE OF THE SUBJECT PROPERTY, A TOTAL OF
0.30 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 portions of
platted right-of-way 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 rights-of-way:
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 herein.
1 . A 10' utility easement shall be provided along the west side of West Avenue for the length of
the property.
Page 2
Ord.
2. Relocation of existing utilities shall he at the owner/developer's expense including the
possible need for utility easements.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
z.
EXHIBIT wvxv -
�I����a�� �8��6€R
g ° � R
11 Id
SID
jP1
SPO
ilk
733 DD i
MIN
. GR� kZ���i g �• t€ pP � . i� 6
6.WIRRI ILII a '
�+ � II� � ,
a-fill
Yayls 8t8a 1 •.. .. ' ' C
1yRsxRR12€'JvBR� nn® W- --
x gill
IRe9
Q R lig �
IIIIio „ ■ ■ ■ � � f p . �
s c :
rtE`ns°ns M£NNING£R^0USMMA(
B DATE DES 71M it / Vim[ \ Aw n WE m�,Mao+
„mom - for r rEl I& A Aaa■aw
..,,� inrErrcw.te, ,uacwsAs ae+m
EASEMENT VACATION M M ld� to
EXHIBIT "B"
VAC 07-2722
VACATION DESCRIPTION - STREET VACATION "B" (WEST AVENUE)
A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED
ONE ( 1 ) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION
FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL
NORTHEAST CORNER OF LOT ONE ( 1 ), BLOCK TWENTY-TWO (22), OF SAID
FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE
S89°59'19"E 20.00 FEET TO A SET 1/2" IRON REBAR WHICH IS 40.00 WEST OF
THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE S00°05'12"W PARALLEL WITH
THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 50.00 FEET TO A SET 1/2"
IRON REBAR; THENCE N89°59'19"W 20.00 FEET TO A SET 1/2" IRON REBAR AT
THE ORIGINAL SOUTHEAST CORNER OF SAID LOT ONE ( 1); THENCE N00°05'12"E
50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1000.0 SQUARE FEET, MORE
OR LESS.
VACATION DESCRIPTION - ALLEY RIGHT-OF-WAY
A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO
LOT NUMBERED ONE (1 ) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF
SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
ORIGINAL NORTHWEST CORNER OF LOT ONE (1 ), BLOCK TWENTY-TWO (22), OF
SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE
S15° 11 '02"E 51 .81 FEET TO A SET 1 /2" IRON REBAR AT THE ORIGINAL SOUTHWEST
CORNER OF SAID LOT ONE ( 1 ); THENCE N89°59'19"W 31 .09 FEET TO A SET 1/2"
IRON REBAR ON THE WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY
RIGHT-OF-WAY; THENCE N15°11 '02"W 51 .81 FEET ALONG THE WEST LINE OF SAID
ALLEY RIGHT-OF-WAY TO A SET 1 /2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY
LINE OF SOUTH STREET; THENCE S89'59'1 9"E 31 .09 FEET TO THE POINT OF
BEGINNING, CONTAINING 1554.3 SQUARE FEET, MORE OR LESS.
VACATION DESCRIPTION - STREET VACATION "A" (SOUTH STREET)
ALL THAT PART OF SOUTH STREET (NOT CONSTRUCTED) LYING WEST OF WEST
AVENUE AND EAST OF THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN
FRANCISCO RAILROAD (VACATED) IN FERGUSON'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE
LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST
CORNER OF LOT ONE ( 1 ), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S
ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE S89°59'19"E 20.00
FEET TO A SET 1 /2" IRON REBAR WHICH IS 40.00 WEST OF THE EAST
RIGHT-OF-WAY OF WEST AVENUE; THENCE N00°05'12"E PARALLEL WITH THE EAST
RIGHT-OF-WAY LINE OF SAID WEST AVENUE 65.00 FEET TO THE SOUTHEAST
77
CORNER OF BLOCK THIRTY-SIX (36) OF SAID FERGUSON'S ADDITION; THENCE
N89059'19"W 178.51 FEET ALONG THE SOUTH LINE OF SAID BLOCK THIRTY-SIX
(36) TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN
FRANCISCO RAILROAD (VACATED); THENCE LEAVING THE SOUTH LINE OF SAID BLOCK
THIRTY-SIX (36), SI 5008958"E 67.36 FEET ALONG THE EAST RIGHT-OF-WAY LINE
OF SAID RAILROAD TO A SET 1 /2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY
LINE OF SAID SOUTH STREET; THENCE S89°59' 19"E 140.78 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.25 ACRES, MORE OR LESS.
yev le PC Meeting of September 24, 2007
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
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: September 18, 2007 Updated September 27, 2007
VAC 07-2722: (MENNIGER, 523): Submitted by ALAN REID for property located at
301 S. WEST AVENUE. The property is zoned DG, DOWNTOWN GENERAL and
contains approximately 0.12 acres. The request is to vacate 3 rights -of -way: the alley
along the west side of the property, a portion of West Avenue along the east side of the
property and the un-constructed extension of South Street on the north side of the subject
property.
Planner: Jesse Fulcher
Findings:
Property Description and Background: This property is located on the west side of West
Avenue at the intersection of South Street, Block 22 of Ferguson's Addition, and is adjacent
to the City's Frisco Trail. There is an existing single-family structure located on the
property. There is excess right-of-way along the property's West Avenue frontage, an un-
built street right-of-way along the west side of the property and the un-constructed extension
of South Street adjacent to the north property line. These areas of right-of-way are proposed
to be vacated.
(1) The West Avenue right-of-way is located on the west side of West Avenue in front
of 301 West Avenue. This right-of-way is an approximately 20' wide and 50' long
strip of un-constructed right-of-way adjacent to the existing West Avenue (see
attached exhibit).
(2) The South Street right-of-way is located on the north side of the property. This right-
of-way is an approximately 65' wide and 140.78' long strip of un-constructed right-
of-way.
(3) The un-constructed right-of-way along the west property line was originally platted
to be a 30' wide street. This street was never built and now adjoins a block of
residences and the subject property. The right-of-way traverses from the southwest
property line to the northwest property line (see attached exhibit).
The total
acreage of the
three areas
of right-of-way is 0.18 acres
(7,923.30 sq. ft.). These
areas are
not anticipated
to be needed
by the City for transportation
purposes because:
(1) 40' of required right-of-way for West Avenue would remain in accordance with the
K:\Repons\2007\PC Reports\09-24-07\VAC 07-2722 (Menniger).doc
Master Street Plan's designation of the street as an ST -40 street; and
(2) the extension of South Street would be very steep due to the substantial slope on the
west side of the property. Additionally, any extension of the street to the west would
require construction over/across a City trail.
(3) the un-constructed right-of-way bisecting the property is not a feasible for
reasonable street connection along any point of this block because of existing
development. Additionally, the southern 178' of right-of-way, which provides the
connection to Prairie Street, was vacated by Ordinance No. 5017.
Request: The applicant is requesting to vacate 0.18 acres of right-of-way within Block 22 of
Ferguson's Addition.
The applicant has submitted the required notification forms to the utility companies and to
the City with the result summarized below.
UTILITIES
Ozarks Electric
Cox Communications
Southwestern Electric Power Company
Arkansas Western Gas
Southwestern Bell Telephone
CITY OF FAYETTEVILLE:
Water/Sewer
Transportation
Solid Waste
Engineering -Trails Coordinator
No Objections
No Objections
No Objections
Provide a 10' utility easement on the
west side of West Avenue.
Relocation of existing utilities shall be
at the owner/developer's expense
including the possible need for utility
easements.
No Objections
No Objections
No Objections
Do not vacate alley right-of-way,
approximately 31.09', from the south
property line through the right-of-way
for South Street, approximately
85.49'.
Public Comment: No objections to the project have been received.
KARepons\2007\PC Repons\09-24-07\VAC 07-2722 (Menniger).doc
Recommendation: Staff recommends forwarding (VAC 07-2722) to the City Council with
a recommendation for approval subject to the following conditions of approval.
Conditions of Approval:
1. Staff recommends retaining the approximately 31.09' alley right-of-way along the west
side of the property for its entire length through the right-of-way of South Street,
approximately 85.49'. Should the Planning Commission forward the requested vacation
to the City Council, finding in favor of staffs recommendation, a new legal description
and survey shall be provided prior to the request being placed on the City Council
agenda.
9/24/07 PC: THE PLANNING COMMISSION FORWARDED THE REQUEST TO THE
CITY COUNCIL WITH THE FOLLOWING RECOMMENDATION:
a. RECOMMENDED IN FAVOR OF VACATING 20' OF THE WEST AVE. RIGHT-
OF-WAY.
b. RECOMMENDED IN FAVOR OF VACATING THE 31.09' ALLEY ALONG THE
WEST PROPERTY LINE.
c. THE PLANNING COMMISSION WAS NOT IN FAVOR OF VACATING HALF
OF THE RIGHT-OF-WAY FOR SOUTH STREET. THE RECOMMENDATION
WAS TO VACATE ALL OF THE RIGHT-OF-WAY FOR SOUTH STREET, OR
NONE OF THE RIGHT-OF-WAY FOR SOUTH STREET. SHOULD THE SOUTH
STREET RIGHT-OF-WAY NOT BE VACATED, THEN THE 20' OF WEST AVE.
RIGHT-OF-WAY AND THE 31.09' OF ALLEY RIGHT-OF-WAY SHALL ONLY
BE VACATED SOUTH OF SOUTH STREET.
2. A 10' utility easement shall be provided along the west side of West Avenue for the
length of the property.
3. Relocation of existing utilities shall be at the owner/developer's expense including the
possible need for utility easements.
CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION:
Required
Planning Commission Action: 4 Forwarded ❑ Denied ❑ Tabled
Date: September 24.2007
Motion: Graves
Second: Trumbo
Vote: 7-2-0 (Ostner and Meyers voted no)
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
Im
Date
KAReports\2007\PC Reports\09-24-07\VAC 07-2722 (Menniger).doc
PETITION TO VACATE A PORTION OF WEST AVENUE RIGHT-OF-WAY, A PORTION OF SOUTH STREET
(NOT CONSTRUCTED) RIGHT-OF-WAY AND A PORTION OF AN ALLEY (NOT CONSTRUCTED) RIGHT-OF-
WAY. ALL IN FERGUSON'S ADDITION TO THE CITY OF FAYEITEVILLF, ARKANSAS.
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the streets and alley herein
sought to be abandoned and vacated, lying in Block 22, Ferguson Addition, City of Fayetteville,
Arkansas, a municipal corporation, petition to vacate a portion of said streets and alley which Is
described as follows:
SEE ATTACHED SHEET FOR LEGAL DESCRIPTIONS OF AREAS TO BE VACATED
That the abutting real estate affected by said abandonment of the alley and street right-of-way is (1)
an abandoned railroad right-of-way lying to the West of petitioners property, owned by the City of
Fayetteville, Arkansas, (2) a wooded tract of land lying to the North of South Street owned by the City
of Fayetteville, Arkansas, and (3) the petitioners property being Lot 1, Block 22, Ferguson Addition,
City of Fayetteville, Arkansas, and that the public interest and welfare would not be adversely affected
by the abandonment of the above described portion of the utility easement
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described portion of the street and alley right-
of-way.
Dated this -L day of .20 �.
cDTDA MhuSt1Ar,O
Printed Name
An'to>J HFNNfWtfCC
Printed Name /1 _
Signature
VACATION DESCRIPTION - STREET VACATION 'B(WEST AVENUE)
A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED
ONE (1) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO
THE CITY OF FAYETTEVILLE. ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION
FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL
NORTHEAST CORNER OF LOT ONE (1), BLOCK TWENTY-TWO (22), OF SAID
FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2' IRON REBAR; THENCE
S8959'19'E 20.00 FEET TO A SET 1/2' IRON REBAR WHICH IS 40.00 WEST OF
THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE S00.05'12"W PARALLEL WITH
THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 50.00 FEET TO A SET 1/2"
IRON REBAR; THENCE N8959'19'W 20.00 FEETTOASET 1/2' IRON REBARAT
THE ORIGINAL SOUTHEAST CORNER OF SAID LOT ONE (1); THENCE N00.05'12'E
50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1000.0 SQUARE FEET, MORE
OR LESS.
VACATION DESCRIPTION - ALLEY RIGHT-OF-WAY
A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO
LOT NUMBERED ONE (1) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF
SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
ORIGINAL NORTHWEST CORNER OF LOT ONE (1), BLOCK TWENTY-TWO (22), OF
SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2' IRON REBAR; THENCE
S15' 11'02'E 51.81 FEET TO A SET 1/2" IRON REBAR AT THE ORIGINAL SOUTHWEST
CORNER OF SAID LOT ONE (1); THENCE N89.59'19'W 31.09 FEET TOA SET 1/2'
IRON REBAR ON THE WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY
RIGHT-OF-WAY; THENCE N1511'02'W 51.81 FEET ALONG THE WEST LINE OF SAID
ALLEY RIGHT-OF-WAY TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY
UNE OF SOUTH STREET; THENCE S895919'E 31.09 FEET TO THE POINT OF
BEGINNING, CONTAINING 1554.3 SQUARE FEET, MORE OR LESS.
VACATION DESCRIPTION - STREET VACATION 'A' (SOUTH STREET)
A PART OF SOUTH STREET (NOT CONSTRUCTED) LYING NORTH OF AND BEING
ADJACENT TO LOT NUMBERED ONE (1) IN BLOCK NUMBERED TWENTY-TWO (22),
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON
THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE (1), BLOCK
TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2'
IRON REBAR; THENCE S8959'19'E 20.00 FEET TO A SET 1/2' IRON REBAR WHICH
IS 40.00 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE
NOO'05'12'E PARALLEL WITH THE EAST RIGHT-OF-WAY UNE OF SAID WEST AVENUE
32.50 FEET TO A SET 1/2' IRON REBAR IN THE CENTER OF SAID SOUTH STREET;
THENCE N89' 59'19W 169.64 FEET ALONG THE CENTERLINE OF SAID SOUTH STREET
TO A SET 1/2" IRON REBAR AT THE EAST RIGHT-OF-WAY OF THE ST. LOUIS &
SAN FRANCISCO RAILROAD (VACATED); THENCE LEAVING THE CENTERLINE OF SAID
SOUTH STREET, 515 08'58'E 33.68 FEET ALONG THE EAST RIGHT-OF-WAY UNE OF
SAID RAILROAD TO A SET 1/2' IRON REBAR AT THE SOUTH RIGHT-OF-WAY UNE
OF SAID SOUTH STREET; THENCE S89'5919'E 140.78 FEET TO THE POINT OF
BEGINNING, CONTAINING 5369.3 SQUARE FEET, MORE OR LESS.
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: OZARKS ELECTRIC
U1, 6k,JTc
APPLICANT NAME:5o& H w5MAt1t-1/lAGUtiiu 1cKAPPLICANTPHONE:
REQUESTED VACATION (applicant must check jjl that apply):
'1-44--- '784
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 (referring to attached document- must be completed**)
•* �...t C
t. trC.r
,:1 rnrr_.r.. ,,
I C "777n I
(ATTACH legal description and graphic representation of what is being vacated-SURVEi9
UTILITY COMPANY COMMENTS:
xNo 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:
Signature of Utility Compa6y Representative
�Sle�"'
57-19&
li
c.H
Title'
February 2006
Page S
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: (
APPLICANT NAME: AhA
REQUESTED VACATION (applicant must ch ck all that apply):
Utility Easement
PHONE:
n--? t4 -
Right -of -way
X 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 (referring to attached document- must be completed")
•• 3o1 6 I,UCST AaJAJS, FA`1 tI1Ei>aJ r 4/L. '1t 1 o I
(ATTACH legal description and graphic representation of what is being vacated-SURVE}j
Lei IIWdLei$)UI7.Wb'toe)SISIRd& I
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:
Signature of Utility
Title
Representative
Febniary 2006
Page 5
Title
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1/to /O-7
UTILITY COMPANY: A Cp l5 wCP co
APPLICANT NAME: SMN *3/PQJ t'k..,1_t /-gc2 APPLICANT PHONE: ' `114
REQUESTED VACATION (applicant must check all that apply): 444- _g -j i;•'J"
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
A 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' «)
n14
. 1 r u%'S,r Merl ii iC
a0
l lfi o l
(ATTACH legal description and graphic representation of what is being vacated SURVEi)
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:
February 2006
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: -7 w too"/
UTILITY COMPANY: A (&i tl
APPLICANT NAMEt13h .V-ALC>/ALM63 fE&WIP(CEZt-APPLICANT PHONE:
REQUESTED VACATION (applicant must check all that apply)
Utility Easement
4.4-4-'nt-Tia
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
X 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 (referring to attached document- must be completed")
•s
(ATTACH legal description and graphic representation of what is being vacated-SURVE))
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
of
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
X, No objections provided the following conditions are met:
Male SAS taES ERN "S t5 RE & (:STN♦. A to T CASEM'Nl ALOMcJfl1t t.4EST
Siof o7 gcr AuEra E
of Utility
�4yr- � %AA ASc f,.M- QtFdA-1w)U /114,1AtrtL
Title
February 2006
Page 5
ZOO @) [29LS ON YN/Y•L1 9T:tT Oa8 LOOZ/ST/90
UTILITY APPROVAL FORM
FUR MIGHT- (W.. WAY. ALLEY, AND
LIT°•( K4$f IE q VACATIONS
DATE.
tJrILIIYCvnipnrn: '*1i
AI•Yt.t('ANT N.gA1E_lMus1-+tnn
R •QUES`IID VA cATJ6i�kOfltbY,y rh A APPL[CANTPH
Utility Easxamn
kighl-af--way for alley o, curets and all uli[ilytn ty [ocaled Within the vacated right_ or: yay.
Alley
Strevt nght-of-way
1 have been nolifkL of the pcurlon hr vacate the fallowing [aPrj' earnsrer, nghr-of-.y), describcd as faIows:
t7meral locatiun / .Address {referring 10 allec,fed
dorrwlart- mttsr be walplpted••)
,., �
f.4 77I Cli legal rfrsrnprrrrn 9!]!9<gr?!ftpV=ftd0m
f what h bring rararr l+Sll,p
Pfl7
U1-11 MY' COMPANY COMI4uns•
No objections to the vacations) described above.
No ohjea,ores to Uw vacations) deacrilcd above, provjded following descnbod easeJnti we rem
(Stair the faealinn, dinxasioac, and purxse below.)
No objccuotrs pratIJrd lilt fuliew1ng co xtitioos are
Tc:►K A<1Xt57rMrI FPrcILIT7ti—S
f�tnIN 1S qCt N 5 W Ild Rc loYL @TNTPkapcgiv
/4ND try ER Ccnil Fitnc AAA,r
-•'.' ti "surly a cnnpunv kcpresenlaljve —�""—
MANAGp fltl�rif b�AJG1 1�tGc./
1 ilk
F fr .sy 2Ot1µ
/*r 5
L d OSSZSZ49S4 'ON/tS:Et .LS/ZG:EL LO.ST 'S (CLAM)
woaa
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 7/to )o -T
UTILITY COMPANY: A'-jt..ntL LLe /AJAR(:-. s CEuciz'
APPLICANTNAME: A AAUSLUItl/AtfWlo�f fidLAl-(a&PPLICANTPHONE: 444-1-1`4'2
REQUESTED VACATION (applicant must ch ck all that apply): a4_
_ Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
x 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 (referring to attached document- must be completed**)
.. 3o1 . LuEST Au 4J r P4 tl'r-nr Ll(cr At. ni°1
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
)o 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:
Signature of Utility
Title
Representative
February 2006
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: T/►J/O
UTILITY COMPANY:: ri ,`re.L L(_\J LLJ5 trzaLT I ,, I
APPLICANT NAME7jt11A IiA� t ,T f-t�IJi4r. r_ APPLICANT PHONE: 14H I143
0
REQUESTED VACATION (applicant must check all that apply): 444. g-'jgt_
— 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 (referring to attached document- must be completed")
•• 3. Lu r 4vrtu= . V;ALzr c_rth1V H E, AC, -17")01
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
ONo objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose 14(1b low.)
�t HLI1A LgVir ll\- I'eu9 3 l . opt (AueY+lkn1-I) AU -
r AJ
5-1S-5227 Ore
Feb`uary 2006
Page 5
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
1/io/ol
PHONE: _____ __
Right-of-way for alley or streets and all utility easements located within the vacated 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")
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
• J 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.)
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date:9 ynjc I( 0C)7k
Address / location of vacation: 301 5
- - - - - --- - J S- 055 25-000
Adjacent property address: ?X61 45 zt s 1Th3 0oO, qj.Sp2C33- 0eO, BLS- G7 ntS-Ooo
Lot: Block: Subdivision:
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, asement, fight -of -way), described as follows:
(Include legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
0 1 have been notified of the requested vacation and decline to comment.
❑ I do not object to the vacation described above.
I do object to the requested vacation because:
Owner
Signature of Adjacent Property Owner
Applicant
AUG 2M2007
Fehruary 2006
Page 6
Vy yy y
mC 9n N 19O)f ). $OZ aI lmla OrIgM
Z O LL VV
gz '1vijv03 �S g ,€ ,.
o^^_
aaMA mt� S
z
$AA nfN�JCCS-R fi
poZ p��
p' d o I8 <$ {
lTnOmwy mliT �i A5 Tb OIX
t .A 3_ OAqM 4a OA cz (031' ,.I� S1nD
.. 290$%z91-- i7aii �R1?O�mcl _ /d N`_ i I
8 %
�• My rTez� piS ontcoo8sl9R L—
S�wyaaR`• RPSRy�g GR ��� I M 8
u I^v r\n = vO u m l5
Auo w MV �owAn'AM 3L0,11.4
$ aa1 p N
?�;Aas3GR E go5�il=�
$�A8d 7 A £g>.c 5 : z go- I • ll SlN PYK - m z
3kki n
m
m ++j�iTy? �•� Im•
$�ouy\z'IR �7
1p
$51Yds i ' \8l5 -A o w
Oy uuV T ' wOF.
N OO pNn Sbn ^L m O Ofluo u ,iI T + Ier
O
RRR ao T g Mz, C^ =bgF 1 slN `^
i1 N T ^ o g m
v
C. ? w O i x
nCRi S y1boA �w> u h I,
o>_
zoa�gal�ggA"� Alai b ly
O. �RII> 6flgp a HAr M yy
g i Ptlflox;
_� w�w �R\$g�RF4
y yy jjjj m�mlMil Z91
p/Ag2MxR�S-IiS�I
pp
_yyui o (nf nntl
A mi r.I .yly Vii�pp Zy^ yARQ p'xxO C _
wm _m zT <Mg_ YC Tnyi I � '.y .. i E e
Owl Rm Fu V gn O i ff�nM
AQ ATONyN SZA Opn 1:']
z4 �•E1IS L�T � �9S$� I OC __ II Imo. � J
GA0 ='ZSC SS TviII T J OSIRER Y/.GIgX 9 N Ip v V
AA441p• 'y r
E?E^p�R2p7A 4R� �" R`" I wmr•a•6 __ SU.00• rzxi. 65.0000
m iifNo T py v� M SOPOS'129V 05'12 '
N b m
z c4pAI yy" -O �ioyy
Z�z (1 .1 Ln 3R�r I I. —
____- ——
._
O I^OA $ �+QgnfY • _ _
m�R1R��t z�Q�$�Iy�ymacn'3rOciR -� /BST AYdNUB
$�6aftF n�i o4`Tz ri1 l3 fEVHu. u'•M o
I I
fig' � aR � �� �j •�4� �3� i � E
43 fi 6 qq!
. • I 1I'll6r
1+:
pa
/y91 a 2 m p � y LPAZ •Q,{ fl 9 �E{{' { pm 3S1
S y �oz
_ O N 9 c ]� f % 35iht
Cm m� m T I O m N 4 D t 3SE3 { ]+�
m fl' V vm q y ?
$ m r 2 CO
2
r0
C,
IX
RESi OHS ARo Reid MENNINCER�HOUSMANN
p DATE DESGRIGP_ BY ARA \ LOT I FERGUSON ADO!
HON Dow 07/1O/2m7
J sN.1CGMrE3
S BAs � npI FAYMENLLE. ARKANS4S wEticiD
.T W Ins IMO _
411 -om EASEMENT VACATION p SHEET SIZE WX 24
t
4.Hf4JTt
I ft
I
r
r
H
IF
Sm
ave .eve e
ARKANSAS
Tl11. CITY OIFAYF'fTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
To: Mayor Dan Goody, City Council
From: Jeremy Pate, Director of Current Plannings
Date: 11 October, 2007
Subject: Menninger Vacation (VAC 07-2722)
Please substitute the attached, amended legal descriptions and exhibits that represent Exhibits "A" and
"B" for VAC 07-2722 (Menninger).
K: Veremyl2007 CorrespondencelBoard MemoslMenninger Vocation amendmetns.doc
EXHIBIT "A"
■
mvoSti'W
_
/L4f IIfNUf—_+____
4sx... a yq t
wIIa
W
MENNNG£R/HOUSMANN 01M"1vM
tor , flRCtfloN b"
... Ste.. •mow FArcntxc[, . aws�s omm
...ice
- Il. EASEMENT VACATION „�
EXHIBIT "B"
VAC 07-2722
VACATION DESCRIPTION - STREET VACATION "B" (WEST AVENUE)
A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED
ONE (1) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION
FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL
NORTHEAST CORNER OF LOT ONE (1), BLOCK TWENTY-TWO (22), OF SAID
FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE
S89°59'19"E 20.00 FEET TO A SET 1/2" IRON REBAR WHICH IS 40.00 WEST OF
THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE S00°05'12"W PARALLEL WITH
THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 50.00 FEET TO A SET 1/2"
IRON REBAR; THENCE N89°59'19"W 20.00 FEET TO A SET 1/2" IRON REBAR AT
THE ORIGINAL SOUTHEAST CORNER OF SAID LOT ONE (1); THENCE N00°05'12"E
50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1000.0 SQUARE FEET, MORE
OR LESS.
VACATION DESCRIPTION - ALLEY RIGHT-OF-WAY
A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO
LOT NUMBERED ONE (1) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF
SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY,,ARKANSAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
ORIGINAL NORTHWEST CORNER OF LOT ONE (1), BLOCK TWENTY-TWO'(22), OF
SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE
S15°11'02"E 51.81 FEET TO A SET 1/2" IRON REBAR AT THE ORIGINAL SOUTHWEST
CORNER OF SAID LOT ONE (1); THENCE N89°59'19"W 31.09 FEET TO A SET 1/2"
IRON REBAR ON THE WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY
RIGHT-OF-WAY; THENCE N 15011 '02"W 51.81 FEET ALONG THE WEST LINE OF SAID
ALLEY RIGHT-OF-WAY TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY
LINE OF SOUTH STREET; THENCE S89°59'19"E 31.09 FEET TO THE POINT OF
BEGINNING, CONTAINING 1554.3 SQUARE FEET, MORE OR LESS.
VACATION DESCRIPTION - STREET VACATION "A" (SOUTH STREET) • __ :
ALL THAT PART OF SOUTH STREET (NOT CONSTRUCTED) LYING WEST OF THE
ORIGINAL EAST LINE OF BLOCK NUMBERED TWENTY-TWO (22) AND EAST OF THE
EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD
(VACATED) IN FERGUSON'S ADDITON TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS
SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE (1),
BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A
SET 1/2" IRON REBAR AT A POINT WHICH IS SIXTY (60) FEET WEST OF THE EAST
RIGHT-OF-WAY LINE OF SAID WEST AVENUE; THENCE N00°05'12"E 65.00 FEET TO
A POINT ON THE SOUTH BOUNDARY OF BLOCK THIRTY-SIX (36) OF SAID
FERGUSON'S ADDITION; THENCE N89°59'19"W 158.51 FEET ALONG THE SOUTH LINE
OF SAID BLOCK THIRTY-SIX (36) TO A POINT ON THE EAST RIGHT-OF-WAY LINE
OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD (VACATED); THENCE LEAVING THE
SOUTH LINE OF SAID BLOCK THIRTY-SIX (36), S15°11'02"E 67.36 FEET ALONG
THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD TO A SET 1/2" IRON REBAR ON
ludcd W• I Gi.4 &Stpu
C•3 /� �m;n✓
m2 -a an N2$>e
um -?MO Fo
-<
R$ Ia�_nem
yRm p^iC
qQ3+N F@OnpN��.(aSSaZZ QvY
if -.fo0N
(^T^ SmO m
m4 Jlm�1
mp Y
>:- •qqRo mCCCp�p
N.7 oz_ ,f
n woN zu'•Zn
m 2
NOmMO$TN
0$mo�i
02.-
ifl uv
�f J N
v
io
u M
Y
+0
Y nY
ual�=Lm��nC3�+�gm $rmma
Nm pya G(n�€ va s-1n_�
N o
nil$
NNpO2vm�2_sy0 �n E(f Eyi
L FC ONOE� •�>"�
O mm-> 4Y
flnfl eu 3 Ni�zu R/*� L� "C'
fhf 4TA CA N - c EN •� p]cc m.
0.cc
Cs cc
I$ > V
hx<80Y' o y~ io
mmN L^z ----n FW; $ I{ •_
in 0"~a5gn O'nN0GQ4 N�R I
8Z0 85 SO •O Io
UOn v
r'u m> mnFmo3i u �u• C I��n
N<
36 �+i$mn I ,BEG �y
I,• $ • rr
e
mro+ znaa +� nv » u
P��oiiflgM�iG� m om>�+ N
i i a
u)g j2 a^�On�vx'L�
'" Yam �'F 'N LLo.SSanmG`J'^m S' i
�YiKFCm>R�9zyo a
mm�N J�vmn4yn�Lni n
iq N
_ �iJm 4} pppppL zaZ ¶YCe.$ a{. ww
�mR JGG GGGGN m Im'1 JCN. n I
$n>E=o��CFanDIZ \ dUC P/P_T_
3Sr N Z aN1i • I - OSiO[R VLL1 B
F.mgn crosLl8&gnG€S r +p Da]: ACRES R[c
• t3 IW O.OS S0R .
L� 8 OJyRib �"z°� Pw]PDQED Ph-{-- 50.00'
NO OfINmm OY S 1 500'0___
ZI
n�<• Nm m pa � 0Y
S�NY U O m z
WEST AVA'NUE
(6P14u. 60P/W)
Iq
_
R
REVISIONS
/� �/� An Reid
vim(
mm+vPF QAQQW]Ef
mTR�zlla>ru,I, I •�>°^
•" •Y RM i.e Pwxvv
TM" _
MENNINCER/HOUSMANN
LOT I FERGUSON AOOIDON
FAYETTENLLE ARKANSAS
pA1F'�"P"
/""`
DATEm ID/]]
DATE
DESCRIP➢DN
BY
CHECKED -
EASEMENT VACATION
SGMl 1 20
SKEET SIZE In 2C
L kf ..f 1
II
1 i
try
1 f .} • tc I,
YI }r ' r �`J}. � ^�•' li�'I �'/,� • Y yr. �
LI i i
j';•
Y r 1 v;l
)f YF `� ' '. }'•, i TJ(iLn • r' I I�' r;Y±,
E. I: [ {
.. r, _
F t
rG
y
i, 'x 3: s a 'wti
.; Srrr r• �. - ;..,
_ A -..
'
�y J: Y.'..
• r p I L I v b���\'��/[11 .. /ny.l 2/ J\�1 .p' a 4 -{i 'e;,s _`:'' ,-. L
1 I. 1v11 r'�r r 1 L• \.1.Y 4 Y, f
� l
- f, 3�P Y. ___ ♦ i4i
IsIc
- rII:
u
• ,e' a.
a • tjj''y 'ill,
•' i
•YF �
•Wre \
n 1 f AYrr ' V
11';
I C �I
} 1±1
' • 1 ♦- l I • •/ - :µms-lu P r
1 }r- + , • 44
„lC
� J.
'a�' r t':1t /:JIW� \4'-:'
� r, l � IGt
-.
/ + I I ( y ��
1` •I x'. Ir I
IF
L'; 'jaj■i
�1f / �t P • �3 Al rY C�-x ' L :g' t f
I 1 i
ltl
1 / 1
C �L -9J.. ..I
ly .t' ' +xf` it _ it l f••�
I ..'' •�•^ "_ ) icy { f
'� � y � ♦ ✓ if P� /f� pI I/ � c Ii
- l 1
1,.
t
` _ � � � i Jam... '.i' ♦ 4
r • I
iT - •I` r y gyp. • L• ! -t 1/ �
s,
-_ -, r��—•ems
_GIs
. •1
1 N
! IMF - S
e,l t
a e PYfIle
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
Cx ct.0 :l t`1 awe- b�/3%7
lP/a ac s-
PLANNING DIVISION CORRESPONDENCE
To: Mayor Dan Coody, City Council
From: Jeremy Pate, Director of Current Planning
Date: October 22, 2007
Subject: Menninger Vacation (VAC 07-2722)
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
Please substitute the attached, amended legal descriptions and exhibits that represent
Exhibits "A" and "B" for VAC 07-2722 (Menninger).
EXHIBIT "B"
VAC 07-2722
VACATION DESCRIPTION - STREET VACATION "B" (WEST AVENUE)
A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED
ONE (1) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION
FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL
NORTHEAST CORNER OF LOT ONE (1), BLOCK TWENTY-TWO (22), OF SAID
FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE
S89°59'19"E 20.00 FEET TO A SET 1/2" IRON REBAR WHICH IS 40.00 WEST OF
THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE S00°05'12"W PARALLEL WITH
THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 50.00 FEET TO A SET 1/2"
IRON REBAR; THENCE N89°59'19"W 20.00 FEET TO A SET 1/2" IRON REBAR AT
THE ORIGINAL SOUTHEAST CORNER OF SAID LOT ONE (1); THENCE N00°05'I2"E
50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1000.0 SQUARE FEET, MORE
OR LESS.
VACATION DESCRIPTION - ALLEY RIGHT-OF-WAY
A PART OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO
LOT NUMBERED ONE (I) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF
SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
ORIGINAL NORTHWEST CORNER OF LOT ONE (1), BLOCK TWENTY-TWO (22), OF
SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE
S15°1I'02"E 51.81 FEET TO A SET 1/2" IRON REBAR AT THE ORIGINAL SOUTHWEST
CORNER OF SAID LOT ONE (1); THENCE N89°59'19"W 31.09 FEET TO A SET 1/2"
IRON REBAR ON THE WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY
RIGHT-OF-WAY; THENCE N15°1 I'02"W 51.81 FEET ALONG THE WEST LINE OF SAID
ALLEY RIGHT-OF-WAY TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY
LINE OF SOUTH STREET; THENCE S89°59'19"E 31.09 FEET TO THE POINT OF
BEGINNING, CONTAINING 1554.3 SQUARE FEET, MORE OR LESS.
VACATION DESCRIPTION - STREET VACATION "A" (SOUTH STREET)
A PART OF SOUTH STREET (NOT CONSTRUCTED) LYING SOUTH OF BLOCK NUMBERED
THIRTY-SIX (36) AND NORTH OF BLOCK NUMBERED TWENTY-TWO (22) AND EAST OF
THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD
(VACATED) IN FERGUSON'S ADDITON TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS
SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE (1),
BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET
1/2" IRON REBAR; TIIENCE S89°59'I9"E 20.00 FEET TO A SET 1/2" IRON REBAR WHICH IS
40.00 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE N00°05'I2"E
PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 32.50 FEET TO
A SET 1/2" IRON REBAR IN THE CENTER OF SAID SOUTH STREET; THENCE N89°59'19"W
20.00 FEET ALONG TI IE CENTERLINE OF SAID SOUTH STREET TO A SET 1/2" IRON
REBAR; THENCE N00°05' l2"E 32.50 FEET TO A POINT ON THE SOUTH BOUNDARY OF
BLOCK THIRTY-SIX (36) OF SAID FERGUSON'S ADDITION; THENCE N89°59'19"W 158.51
FEET ALONG THE SOUTH LINE OF SAID BLOCK THIRTY-SIX (36) TO A POINT ON THE
EXHIBIT "A"
yb i -
O y p.
o —
o
! I
sine?
A ��trr
`/• �yONS\N
tS
T a=te Y:
a y
- LOdpAt iO. A.
$OpV'
MYbi4D T SDV_�
WEST A IINOS
(.ytYL1. •0 ./M)
ft
11`1'y
y•Y
1≥s �- fly41
, irI
t 9 (( ( pppp 11epJ Jak?!
oz p m= nxn m �! 'S gj ¢
2c U
(Mnmml
rN�L itj p
IZI nn OZ � aEv y
L 5 r p 4
•m r u x j
z O
P1 r
m
R
N�VISIUNS
Alan)
MENNINGER HOUSMANN
DATE
DESCPoP_ION
BYl(
07 101001
-
MA
..uoatns
in mm _ ___
n
LOT t FERGUSON££RL$ON ADDITION
£A121TLWLL£, ARKANSAS
01(01W -
EASEMENT VACATION
t 15.124•
EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD
(VACATED); THENCE LEAVING THE SOUTH LINE OF SAID BLOCK THIRTY-SIX (36),
S15°11'02"E 67.36 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD TO A
SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE
S89°59'I9"E 140.78 FEET TO THE POINT OF BEGINNING, CONTAINING 0.24 ACRES, MORE
OR LESS.
(11.14.07) lance Pearman - Ord. 5072, 5075, 5076 & Res. 190-07 Page 1
From: Oarice Pearman
To: Pate, Jeremy
Date: 11.14.07 9:15 AM
Subject: Ord. 5072, 5075, 5076 & Res. 190-07
Attachments: 5076 VAC 07-2733 Physician's Surgery Ctr.pdf; 5075 C-PZD 07-2726 Sunshine H
ouse.pdf; 5072 VAC 07-2722-Menninger.pdf; 190-07 PPL 07-2679 Township Heigh
ts.pdf
CC: Audit; GIS
Jeremy:
Attached are three ordinances and one resolution passed by City Council, November 6, 2007. Please let me know if there
Is anything else needed. Have a good day.
Thanks.
Clarice
11.14.07) Clarice Pearman - Ord. 5072 Page 1
From: Clarice Pearman
To: toni.menninger@sbcglobal.net
Date: 11.14.07 9:21 AM
Subject: Ord. 5072
Attachments: Pages from 5072 VAC 07-2722-Menninger.pdf
CC: Smith, Sondra
Attached is a copy of the ordinance passed by City Council, November 6, 2007 per your request. Please let me know if
there Is anything else needed. Have a good day.
Thanks.
Clarice Buffalohead-Pearman, CA.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
From: Menninger / Hausmann <toni.menninger@sbcglobal.net>
To: City Clerk <city_clerk@ci.fayetteville.ar.us>
Date: 11.7.07 6:34 PM
Subject: Re: [Form mail from AccessFayetteville] - VAC 07-2722
Clarice Pearman <cpearman@ci.fayetteville.ar.us>
note that the mailing address is
Inyj 918 W Holly
111 t1J. Fayetteville 72703.
Thanks!
> Thanks for your email!
> We will have a signed ordinance that we can send you a copy of. It is not ready at this point in time. I
will check with our Planning Division to see if there is any other information that needs to be forwarded to
you. I will try to get back with you tomorrow. Have a great evening!
> City of Fayetteville
> City Clerk's Office
>113W. Mountain
> Fayetteville, AR 72701
> 479-575-8323
>>>> <toni.menninger@sbcglobal.net> 11/7/2007 11:35 AM >>>
> From: Toni Menninger
> Email: toni.menninger@sbcglobal.net
> To: city_clerk@ci.fayetteville.ar.us
> Subject: VAC 07-2722
> Message:
> The City Council yesterday approved our request for vacation (VAC 07-2722). My question is: what
official documents do we need as proof of ownership, and where do we get them?
Arkansas Democrat Z(�azette
Northwest Arkansas Times
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Kate MacNaughton, do solemnly swear that I am the 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 No. 5072
Was inserted in the Regular Editions on:
November 16, 2007
Publication Charge: $1 89.90
Subscribed and sworn to before me
This/6day of '7)n7 , 2007.
Notary Public
My Commission Expires: AO/ 201
**N0TE** Please do not pay from Affidavit.
Invoice will be sent.
RECEIVEDt.
cMr;f I.. rty
4,y C, •,m�«on Ex{:ves N0V 2 6 2007
.� a 9,2014
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
Friday, November 16, 2007
ORDINANCE NO. 5072
MN DORDINANCE BY APPROVING VAC 07-2722 SUB-
MITTED
AI 3d O ALAN REID FOR PROPERTY CE LOCATED 7,
AT HT SOUTH WEST AVENUE TO VACATE THREE
RIGHTS- OF -WAY THE ALLEY ALONG THE WEST
SIDE OF THE PROPERTY, A PORTION OF WEST ARKANSAS
AVENUE ALONG THE EAST SIDE OF THE PROPER-
TY AND THE FULL WIDTH OF THE UN -CON-
STRUCTED EXTENSION OF SOUTH STREET ON THE NORTH SIDE OF THE SUBJECT PROPERTY.
A TOTAL OF 0.29 ACRES.
WHEREAS A the City Council has the authority under A.C.A. 4 14-54-104 to vacate public grounds
or portons thereof which are not required for corporate purposes; and
WHEREAS the City Council has determined that the following described portions of prated right-
of-way are not required for c'rpo`M ou'poses.
NOW, TNEREFOREr EE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section t That the City Council of the City of Fayetteville. Arkansas hereby vacates and abandons
the following described rights -of -way:
See Exhibit'B- attached hereto and made a pan hereof.
Section 2 That a copy of this Ordinance duly candied 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 record-
ed 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 herein.
1. A 10utility easement shall be provided along the west side of West Avenue for the length of the
property
2 Relocalion of existing utilities shall be at the owner/developer's expense including the possible
need for utility easements.
FASSED and AFFIIOVED this 6th day of November. 2007.
APPROVED: ATTEST:
By BY:
DAN COODY, NY.. SONDIIA E. SMITH City CIMIR.K.Owr
Exhibit A is a map and may be viewed in the office of the City Clerk(Treasurer during normal busi-
ness hours.
EXHIBIT AW
VAC 07-2722
VACATION DESCRIPTION - STREET VACATION' B' (WEST AVENUE)
A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED ONE (1)
IN BLOCK NUMBERED TWENTY-TWO (22). OF FERGUSON'S ADDITION TO THE CITY OF FAYET-
TEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND
RECORDS OF WASHINGTON COUNTY, ARKANSAS. AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE
(1). BLOCK TWENTY-TWO (22). OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2'
IRON REBAR; THENCE S89591WE 20.00 FEET TO A SET 1/7 IRON REBAR WHICH IS 40.00 WEST
OF THE EAST RIGHT-OF-WAY OF WEST AVENUE; THENCE SD0°05'12W PARALLEL WITH THE
EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 50.00 FEET TO A SET 1/7 IRON REBAR:
THENCE N8905919W 20.00 FEET TO A SET 1/7 IRON REBAR AT THE ORIGINAL SOUTHEAST
CORNER OF SAID LOT ONE (1): THENCE N00°05'12 -E 50.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1000.0 SQUARE FEET, MORE OR LESS.
PION DESCRIPTION - ALLEY RIGHT-OF-WAY
T OF A NON -CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUM -
D ONE (1) IN BLOCK NUMBERED TWENTY-TWO (22), OF FERGUSON'S ADDITION TO THE
)F FAYETTEVILLE. ARKANSAS. AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE
RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
RIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHWEST CORNER OF LOT ONE
-OCK TWENTY-TWO (22). OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/7
REBAR; THENCE S15°11'O2'E 51.81 FEET TO A SET 1/7 IRON REBAR AT THE ORIGINAL
-EST CORNER OF SAID LOT ONE (1); THENCE NB9°59'19W 31.09 FEET TO A SET 1/7
REBAR ON THE WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY RIGHT-OF-WAY: THENCE
1'02W 51.81 FEET ALONG THE WEST LINE OF SAID ALLEY RIGHT-OF-WAY TO A SET 1/?
REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE S89°59'19'E
FEET TO THE POINT OF BEGINNING, CONTAINING 1554.3 SQUARE FEET. MORE OR LESS.
)N DESCRIPTION - STREET
OF SOUTH STREET (NOT C
S ADDITON TO THE CITY OF FAYETTEVILLE. ARKANSAS. AS SHOWN ON THE PLAT I
ITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS. ANC
E PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NOR
NER OF LOT ONE (1), BLOCK TWENTY-TWO (22), OF SAID FERGUSON'S ADDITIO
IT BEING A SET 117 IRON REBAR: THENCE 589°5919'E 20.00 FEET TO A SET 1/
kR WHICH IS 4000 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE: 1
0512'E PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 32.
: SET 117 IRON REBAR IN THE CENTER OF SAID SOUTH STREET; THENCE N89°
) FEET ALONG THE CENTERLINE OF SAID SOUTH STREET TO A SET 1/7 IRON
JCE N00°0517E 32.50 FEET TO A POINT ON THE SOUTH BOUNDARY OF BLOCK
36) OF SAID FERGUSONS ADDITION; THENCE N89°59'19W 158.51 FEET ALOI
TH LINE OF SAID BLOCK THIRTY-SIX (36) TO A POINT ON THE EAST RIGHT-OF-WAY
ST LOUIS AND SAN FRANCISCO RAILROAD (VACATED); THENCE LEAVING THE
OF SAID BLOCK THIRTY-SIX (36), S15°1 102 -E 67.36 FEET ALONG THE EAST RIGHT -
OF SAID RAILROAD TO A SET 1/7 IRON REBAR ON THE SOUTH RIGHT-OF-WAY I
TH STREET: THENCE S89°59'19 -E 14078 FEET TO THE POINT OF BEGINNING, CON
ACRES, MORE OR LESS.
RECEIVED
NOV 267007
citY or E
CITY CLERKS OFFICE