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HomeMy WebLinkAboutOrdinance 5524 Doc ID: 014834930003 Type: REL Kind: ORDINANCE Recorded: 10/09/2012 at 03:07:03 PM Fee Amt: $25.00 Paoe 1 of 3 Washinaton Countv. AR Bette Stamps Circuit Clerk File2012-00030552 ORDINANCE NO. 5524 AN ORDINANCE APPROVING VAC 12-4141 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 555 WEST MAPLE STREET TO VACATE A PORTION OF LAFAYETTE STREET RIGHT-OF-WAY,A TOTAL OF 0.04 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 right-of-way in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 and shall not be in effect until the condition is met herein. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 18th day of September, 2012. APPROVED: ATTEST: By. By. �a�"�'K/7R LI NEL ORD ,May SONDRA E. SMITH, City Clerk/Trea`,6 .••••. ��• G\7 Y pF,• 2�:FAYETTEVILLE ATo A- �''�sy'�kANSP J�'��• EXHIBIT 1W �➢ag ` i� - f�m- r m R — _ s aI'pN = V S � I 77 - `r. �., _ West Avenue EXHIBIT "B" VAC 12-4141 PROPERTY DESCRIPTION FOR ABANDONMENT PART OF THE NORTHWEST QUARTER(NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF SAID NE 1/4; THENCE SOUTH 02 DEGREES 39 MINUTES 13 SECONDS WEST A DISTANCE OF 52.59 FEET; THENCE SOUTH 74 DEGREES 47 MINUTES 55 SECONDS EAST A DISTANCE OF 115.08 FEET; THENCE SOUTH 82 DEGREES 17 MINUTES 48 SECONDS EAST A DISTANCE OF 62.79 FEET; THENCE SOUTH 86 DEGREES 41 MINUTES 56 SECONDS EAST A DISTANCE OF 184.18 FEET; THENCE SOUTH 02 DEGREES 48 MINUTES 42 SECONDS WEST A DISTANCE OF 429.62 FEET TO THE SOUTH LINE OF LOT 3, BLOCK 5 OF COUNTY COURT ADDITION; THENCE ALONG SAID SOUTH LINE NORTH 86 DEGREES 41 MINUTES 56 SECONDS WEST A DISTANCE OF 31.22 FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE LEAVING SAID SOUTH LINE SOUTH 02 DEGREES 51 MINUTES 42 SECONDS WEST A DISTANCE OF 3.43 FEET; THENCE NORTH 87 DEGREES 08 MINUTES 18 SECONDS WEST A DISTANCE OF 35.00 FEET; THENCE NORTH 03 DEGREES 18 MINUTES 04 SECONDS EAST A DISTANCE OF 3.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 47.32 FEET, SAID CURVE HAVING A RADIUS OF 413.16 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 84 DEGREES 05 MINUTES 39 SECONDS WEST 47.29 FEET; THENCE LEAVING SAID CURVE, ALONG A NON-TANGENT CURVE TO THE LEFT,AN ARC DISTANCE OF 39.93 FEET, SAID CURVE HAVING A RADIUS OF 429.60 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 78 DEGREES 15 MINUTES 58 SECONDS WEST 39.91 FEET; THENCE LEAVING SAID CURVE,ALONG A NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 24.21 FEET, SAID CURVE HAVING A RADIUS OF 971.80 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 76 DEGREES 21 MINUTES 51 SECONDS WEST 24.21 FEET; THENCE LEAVING SAID CURVE NORTH 34 DEGREES 58 MINUTES 00 SECONDS WEST A DISTANCE OF 32.69 FEET TO THE SOUTH LINE OF LOT 3, BLOCK 5 OF COUNTY COURT ADDITION; THENCE ALONG SAID SOUTH LINE SOUTH 86 DEGREES 41 MINUTES 56 SECONDS EAST A DISTANCE OF 163.61 FEET THE POINT OF BEGINNING (P.O.B.), CONTAINING 1589 SQUARE FEET OR 0.04 ACRES. Washington County,AR I certify this instrument was filed on 10/09/2012 03:07:03 PM and recorded in Real Estate File Number 2012-00030552 Bette Stamps- ' cult Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/18/2012 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: VAC 12-4141: Vacation (555 W. MAPLE ST./555 MAPLE, 484): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 555 WEST MAPLE STREET.The property is zoned DG, DOWNTOWN GENERAL. The request is to vacate a portion of the Lafayette Street right-of-way. Cost of this request Category/Project Budget Program Category I Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached =16%- _3-w?i Previous Ordinance or Resolution# Department Urector Date If Original Contract Date: �� ✓✓ h '- L` "�I - /L Original Contract Number: City Attorney pDate` l- -2o%L Finance and Internal Services Director Date Received in Citi Clerk's Office 16,t, 9-y/.2- Chief of St Date Received in E#IiE#i Mayor's Office M or ate Comments: Revised January 15,2009 a��/r7e evllle THE CITY OF FAYETTEVILLE,ARKANSAS r DEPARTMENT CORRESPONDENCE !/ ARKAN ShS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff � Jeremy Pate, Development Services Director3 From: Jesse Fulcher, Current Planner Date: August 30, 2012 Subject: VAC 12-4141 (555 W. MAPLE ST./555 MAPLE) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of Lafayette Street right-of-way. BACKGROUND The subject property is bounded by Maple Street, West Avenue and Lafeyette Street, and is currently being developed with the Maple Street Apartments (555 Maple). There is approximately 1,306q. ft. of remnant street right-of-way on the north side of Lafayette Street that has not been used for public purposes since approximately 1940, when Lafayette Street was realigned to allow for a railroad crossing (see attached plans). An additional area of right-of-way, containing approximately 436 square feet, is located adjacent to the building face and outside of the area required by the Master Street Plan. This area is being vacated to allow steps to be constructed from the public sidewalk to the building entrance, which is slightly elevated above the street. The applicant's request is to vacate a portion of Lafayette Street right-of-way. There will still be at minimum 45' of right-of-way, the minimum requirement of the Master Street Plan (see Exhibit"A"). DISCUSSION On June 25, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 12-4141 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 555 WEST MAPLE STREET TO VACATE A PORTION OF LAFAYETTE STREET RIGHT-OF- WAY, A TOTAL OF 0.04 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 right-of-way in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 and shall not be in effect until the condition is met herein. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" I_ '1` s -M I ,mw f I BO( z r �nm- Oz V 1� 1 q CA v N kI 1 t1 1 w 0 � � m Z O 1 n 3 L / < f O E\ 'O' EXHIBIT "B" VAC 12-4141 PROPERTY DESCRIPTION FOR ABANDONMENT PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF SAID NE 1/4; THENCE SOUTH 02 DEGREES 39 MINUTES 13 SECONDS WEST A DISTANCE OF 52.59 FEET; THENCE SOUTH 74 DEGREES 47 MINUTES 55 SECONDS EAST A DISTANCE OF 115.08 FEET; THENCE SOUTH 82 DEGREES 17 MINUTES 48 SECONDS EAST A DISTANCE OF 62.79 FEET; THENCE SOUTH 86 DEGREES 41 MINUTES 56 SECONDS EAST A DISTANCE OF 184.18 FEET; THENCE SOUTH 02 DEGREES 48 MINUTES 42 SECONDS WEST A DISTANCE OF 429.62 FEET TO THE SOUTH LINE OF LOT 3, BLOCK 5 OF COUNTY COURT ADDITION; THENCE ALONG SAID SOUTH LINE NORTH 86 DEGREES 41 MINUTES 56 SECONDS WEST A DISTANCE OF 31.22 FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE LEAVING SAID SOUTH LINE SOUTH 02 DEGREES 51 MINUTES 42 SECONDS WEST A DISTANCE OF 3.43 FEET;THENCE NORTH 87 DEGREES 08 MINUTES 18 SECONDS WEST A DISTANCE OF 35.00 FEET; THENCE NORTH 03 DEGREES 18 MINUTES 04 SECONDS EAST A DISTANCE OF 3.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 47.32 FEET, SAID CURVE HAVING A RADIUS OF 413.16 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 84 DEGREES 05 MINUTES 39 SECONDS WEST 47.29 FEET; THENCE LEAVING SAID CURVE, ALONG A NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 39.93 FEET, SAID CURVE HAVING A RADIUS OF 429.60 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 78 DEGREES 15 MINUTES 58 SECONDS WEST 39.91 FEET; THENCE LEAVING SAID CURVE, ALONG A NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 24.21 FEET, SAID CURVE HAVING A RADIUS OF 971.80 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 76 DEGREES 21 MINUTES 51 SECONDS WEST 24.21 FEET;THENCE LEAVING SAID CURVE NORTH 34 DEGREES 58 MINUTES 00 SECONDS WEST A DISTANCE OF 32.69 FEET TO THE SOUTH LINE OF LOT 3, BLOCK 5 OF COUNTY COURT ADDITION; THENCE ALONG SAID SOUTH LINE SOUTH 86 DEGREES 41 MINUTES 56 SECONDS EAST A DISTANCE OF 163.61 FEET THE POINT OF BEGINNING (P.O.B.), CONTAINING 1589 SQUARE FEET OR 0.04 ACRES. 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