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Home My WebLink AboutOrdinance 5205 lilt 11 lilt 11111 it 1111111011 DoeID : 012640500003 TVDe : REL Recorded : 12/31/2008 at 11 : 45 : 06 AM Fee Amt : $25 . 00 Pace 1 of 3 Nashlnoton County . AR Bette Stamps Clrcult Clerk F11e2008-00040432 ORDINANCE NO. 5205 AN ORDINANCE APPROVING VAC 08-3146 SUBMITTED BY CLAY GROTE HGM CONSULTANTS, INC. FOR PROPERTY LOCATED AT 557 WEST WILLOUGHBY ROAD TO VACATE A PORTION OF A RIGHT-OF-WAY ON THE SUBJECT PROPERTY, A TOTAL OF 0.072 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 portion of the platted 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 of the City of Fayetteville, Arkansas hereby vacates and abandons the following described portion of right-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 Condition of Approval as follows, and shall not be in effect until this condition is met. 1 . The applicant shall dedicate right-of-way for the location of the existing McCollum Avenue to the east of the right-of-way being vacated as shown on the attached map. ``N�.G�`ERK/TRs,� PASSED and APPROVED this 16th day of December, 2008. G�SY APPROVE . ATTEST: *� '= , FAYETTEVILLE ; BY: Y'B �OJYw`i�'9''ti/I kAfVSGOJ`'�� DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" VAC 08-3146 (Maynard ) Pe..►t ta+� 6c ,� Po�;oa ie be �l<dfco�{cA( Subject Property L . EXHIBIT "B" VAC 08-3146 A PART OF THE SE '/4 OF THE NW1 /4 OF SECTION 33, T- 16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS N 88° 10'39" W, 25 .00 FEET FROM THE SE CORNER OF SAID 40 ACRE TRACT; THENCE N 02026' 54" E, 119.79 FEET TO THE POINT OF BEGINNING ALONG THE RIGHT-OF-WAY OF MCCOLLUM AVENUE; THENCE ALONG SAID RIGHT- OF-WAY N 34 040'48"W 138.71 FEET TO A POINT ALONG THE RIGHT-OF WAY OF STATE HIGHWAY 156; THENCE ALONG SAID RIGHT-OF WAY S 85 057133" E, 57.68 FEET; THENCE LEAVING SAID RIGHT-OF-WAY S 11 ° 00' 13" E, 112.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.072 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 12/31 /2008 11 :45:08 AM and recorded in Real Estate File Number 2008- 4 32 Bette Stamps . it it Irk by RECEIVED DEC 2 3 2008 FAYETTEVILLE ,� �SasT tnoc _Yazd CITYYC CLERKS 31 JAGS f`'�J[/� CITY CLERK'S OFFICE ��ft - 1 0 Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am 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 5205 December 20, 2008 Publication Charge : $91 . 46 Signed: --------- ---- `—�—a - Subscribed and sworn to before me This .21day of � (, 2008 . Notary Public My Commission Expires : �yj � , ,2 o l� �OMM:� gRL Do not pay from Affidavit, an invoice will be sent , o �kcj:!s �'• PUt3L�M` RECEIVED DEC 2 3 2008 CITY OF FgyEyILLE CITY CLERK'S OFTTEFICE ORDINANCE NO. 5205 I AN ORDINANCE APPROVING VAC 08-3146 SUB- f MITTED BY CLAY GROTE HGM CONSULTANTS, I INC. FOR PROPERTY LOCATED AT 557 WEST I I WILLOUGHBY ROAD TO VACATE A PORTION OF A7ayetMevie RIGHT-OF-WAY ON THE SUBJECT PROPERTY, A TOTAL OF 0.072 ACRES S I WHEREAS, the City Cmncil has the authority 1 under A.C.A. § 14-54104 to vacate public grounds or porlions thereof which are not equired for cor. ' porate purposes; and I WHEREAS, the City Council has determined that the following described portion of the platted ` Iright-of-way is not required for corporate Purposes; . 1 NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY-OF FAYETTEVILLE, ARKANSAS: I p S 1: That the City Council of the airy of Fayetteville, Arkansas hereby vacates and abandons thee following described portion of right-al-way: ' See Exhibit 'B' attached hereto and matle a part hereof. E Section 2: That a copy of this Ordinance duty certified by the City Clerk along with the map attached i hereto and labektl Exhibit 'A' shall be filed in the office of the Recorder of the County and record. f 1 ed in the Deed Records of the County. Section 3: That this vacation approval is subject to the Condition o1 Approval as follows, and shall I not be in effect until his condilion is met. 1. The applicant shall dedicate dghl-ol-way for the kxmtion of the existing McCollum Avenue to the east of the right-of way being vacated as shown on the attached map. PASSED and APPROVED this 16th day of December, 2008. APPROVED: ATTEST. ` By: Sy: 1 DAN COODY, Mayor SONDRA E. SMITH, CRY ClerkliFeaalRer Exhibit "A' is a map and may be viewed in the office of the City Clerk/Treasurer during normal bush ness hours I ". ` ` , EXHIBIT 'B" l VAC 08-3146 .., A PART OF THE SE Y. OF THE NW114 OF SECTION 33, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS N 88°10'39" W. 25.00 FEET FROM THE SE CORNER OF SAID 40 ACRE TRACT; THENCE N 0202654" E, 119.79 FEET TO THE POINT OF BEGINNING ALONG THE RIGHT-OF-WAY OF MCCOULUM AVENUE; THENCE ALONG SAID RIGHT-OF-WAY N 34 •40'48'W 138.71 FEET TO A POINT ALONG THE RIGHT-OF WAY OF STATE HIGHWAY 156; THENCE ALONG SAID RIGHT-OF WAY S 85 °57'33' E, 57.68 FEET; THENCE LEAVING SAID RIGHT-OF-WAY S 110 00'13' E. 112.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.072 ACRES, MORE OR LESS. City of Fayetteville Staff Review Form City Council Agenda Items �� D and Contracts, Leases or Agreements os .- 31(161 - 31�(, 12/16/2006 {Yi�yrlA� G / City Council Meeting Date _ � Agenda Items Only � �Du,G `J! Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 08-3146: (MaynardfWilloughby, 717): Submitted by Clay Grote HGM Consultants, Inc. for property located at 557 West Willoughby Road. The request is to vacate a portion of a right-of-way on the subject property. 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 O Budget Adjustment Attached . G� Previous Ordinance or Resolution # Department DirCctor Dale Original Contract Date: OX Original Contract Number: City Attorney Dale Received in City' Q n ' "meg Clerk's Office Ia..,Jr^ t �- t Finance and Internal Service Director Date Received in 2G Mayor's Office ID Mayor Date Comments: Revised April 16, 2007 City Council Meeting of December 16, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations pp From: Jeremy C. Pate, Director of Current Planningg Date: November 25, 2008 Subject: Vacation for Maynard (VAC 08-3146) RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance vacating a portion of public right-of-way at the intersection of McCollum Avenue and Willoughby Road. BACKGROUND The subject property is located at the southwest corner of the Willoughby Road/McCollum Avenue intersection, east of Hwy 71B. In 2002, the City's Transportation Division utilized off-site escrow funds from Scurlock Industries (Tri-State Precast) to improve the McCollum Avenue intersection, realigning it with Willoughby to a 90 degree angle and paving the surface. Existing right-of-way shown in the attached maps indicates the previous location of the Willoughby Road/McCollum Avenue intersection, which was at an angle. The applicant is requesting to vacate a portion (approximately 0.072 acre) of the right-of-way located at the northeast comer of the subject property, where the road is no longer located. In exchange for this vacation, the applicant owns most of the property on which the road actually is now located, and is willing to dedicate that portion to the City. Vacation of this small, triangular portion of right-of-way will help with development of the property, related to building setbacks. DISCUSSION Notification was provided to the City with no objections to the requested right-of-way vacation. This item was heard at the regular Planning Commission meeting on November 24, 2008 and forwarded by vote of 7-0- 1 , with Commissioner Trumbo recusing, on the consent agenda to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 08-3146 SUBMITTED BY CLAY GROTE HGM CONSULTANTS, INC. FOR PROPERTY LOCATED AT 557 WEST WILLOUGHBY ROAD TO VACATE A PORTION OF A RIGHT-OF-WAY ON THE SUBJECT PROPERTY, A TOTAL OF 0.072 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 portion of the platted 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 of the City of Fayetteville, Arkansas hereby vacates and abandons the following described portion right-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 Condition of Approval as follows, and shall not be in effect until this condition is met herein. 1 . The applicant shall dedicate right-of-way for the location of the existing McCollum Avenue to the east of the portion of right-of-way being vacated as shown on the attached map. Page 2 Ord. PASSED and APPROVED this day of , 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" VAC 08 -3146 ( Maynard ) I I I R �or4'oti-IbLL « e 1 Per}„a 6e �- 1 DSubjject Property I - I EXHIBIT "B" VAC 08-3146 A PART OF THE SE % OF THE NW 1 /4 OF SECTION 33, T- 16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS N 88° 10' 39" W, 25.00 FEET FROM THE SE CORNER OF SAID 40 ACRE TRACT; THENCE N 02026' 54" E, 119.79 FEET TO THE POINT OF BEGINNING ALONG THE RIGHT-OF-WAY OF MCCOLLUM AVENUE; THENCE ALONG SAID RIGHT- OF-WAY N 34 040'48"W 138.71 FEET TO A POINT ALONG THE RIGHT-OF WAY OF STATE HIGHWAY 156; THENCE ALONG SAID RIGHT-OF WAY S 85 °57' 33" E, 57.68 FEET; THENCE LEAVING SAID RIGHT-OF-WAY S 1 I ° 00' 13" E, 112.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.072 ACRES, MORE OR LESS. YY T y l • + C`•x IMP r S am, E':1_.+ a IA A. JT YaA :L �G k'I. _ Li dr i ,_'' .{ • �•, s _ + r. 'KCY . .tr � , 1 1 �}•, r. 'fI r�. 666 46: GO I A II , .7S.K �. . A . 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