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HomeMy WebLinkAboutOrdinance 5822i ' .1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5822 File Number: 2015-0516 VAC 15-5204 (722 S. LOCUST AVE./SOUTHSIDE TOWNHOMES): Doe ID: 016602250004 Type: REL Kind: ORDINANCE Recorded: 12/08/2015 at 03:23:06 PM Fee Amt: $30.00 Pape 1 of 4 Nashinpton County, AR Kyle Sylvester Circuit Clerk File2015-00034683 AN ORDINANCE TO APPROVE VAC 15-5204 SUBMITTED BY INFILL GROUP, INC. FOR PROPERTY LOCATED AT 722 S. LOCUST AVENUE TO VACATE PORTIONS OF ALLEY AND STREET RIGHTS- OF-WAY 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 alley and street rights 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 portions of alley and street rights-of-way as described in Exhibit `B" attached hereto. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached hereto as Exhibit "A" shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. This vacation approval shall be subject to the condition that any costs associated with relocation of or damage to utilities and new easement dedication shall be at the expense of the owner or developer. 3. The City shall retain 32' of right-of-way from centerline of South Locust Ave and a 10' utility easement centered on the existing gas main shall be platted and dedicated. There are AT&T aerial facilities located on the power poles running north to south of this right-of-way. If AT&T facilities are required to be relocated the property owner/developer will be responsible for any fees. Page 1 Printed on 11/18/15 Ordinance 5822 4. The City shall retain a utility easement for existing water and sewer facilities for the 8th Street ROW Vacation. 5. The City shall retain a 20' utility easement for sewer facilities for the alley ROW Vacation. PASSED and APPROVED on l (/17/2015 Attest: Sondra E. Smith, City Clerk Treasu`tt!y =:i. Page 2 Printed on 11118115 VAC15-5204 Close Up View 0 EXHIBIT 'Ar 15-5204 SOUTHSIDE COTTAGES MARTIN LUTHER KING BLVD I � i 14 l d Leg • -Use •••••••• tJia€nhhnrhn, Natoml Su 971} 57 - Hillside -Hilltop C L _ _ _ ! Fayetteville City - Footprints 2010 Design Overlay ------ Planning Area District A•1 0 75 150 300 450 B00 Feet U ......... •- m EXHIBIT 'B' 15-5204 A PART OF THE EXISTING RIGHT-OF-WAY OF LOCUST STREET, A PART OF THE EXISTING RIGHT-OF-WAY OF 8TH STREET, AND A PART OF AN EXISTING 20' ALLEY, ALL LYING ADJACENT TO LOTS 4, 5, AND 6, BLOCK 3 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS, AS PER PLAT OF THE SAID SUBDIVISIOON ON FILE IN THE OFFICE OF THE CIRCUIT CLEARK AND EXOFFICIO RECORDER, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4 AND RUNNING THENCE S00°00'08"W 150.00', THENCE S89034'39"E 162.50', THENCE N00027'02"E 150.00', THENCE S89034'39"E 20.00', THENCE S00°27'02"W 190.00', THENCE N89°34'39"W 217.85', THENCE N00052'05"E 190.00', THENCE S89035'01 "E 32.79', TO THE POINT OF BEGINNING. CONTAINING 0.39 ACRES MORE OR LESS. Washington County, AR I certify this instrument was filed on 12/08/2015 03:23:06 PM and recorded in Real Estate File Number 201 34883 Kyle Sylvester bind Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2015-0516 Agenda Date: 11/17/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 VAC 15-5204 (722 S. LOCUST AVE./SOUTHSIDE TOWNHOMES): AN ORDINANCE TO APPROVE VAC 15-5204 SUBMITTED BY INFILL GROUP, INC. FOR PROPERTY LOCATED AT 722 S. LOCUST AVENUE TO VACATE PORTIONS OF ALLEY AND STREET RIGHTS-OF-WAY 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 alley and street rights 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 portions of alley and street rights-of-way as described in Exhibit `B" attached hereto. Section 2. A copy of this Ordinance duty certified by the City Clerk along with the map attached hereto as Exhibit "A" shall be filed in the office of the Washington County Circuit Clerk. 11 Section 3. This vacation approval is subject to the following conditions: 1. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 2. This vacation approval shall be subject to the condition that any costs associated with relocation of or damage to utilities and new easement dedication shall be at the expense of the owner or developer. 3. The City shall retain 32' of right-of-way from centerline of South Locust Ave and a 10' utility easement centered on the existing gas main shall be platted and dedicated. There are AT&T aerial facilities located on the power poles running north to south of this right-of-way. If AT&T facilities are required to be relocated the property owner/developer will be responsible for any fees. 4. The City shall retain a utility easement for existing water and sewer facilities for the 8th Street ROW Vacation. City of Fayetteville, Arkansas Page 1 Printed on 1111812015