HomeMy WebLinkAboutOrdinance 5745Doc ID: 016156220003 Type: REL Kind: ORDINANCE Recorded: 03/27/2015 at 02:04:36 PM Fee Amt: $25.00 Pape 1 of 3 Washinpton County, AR Kyle SVlvester Circuit Clerk File2015-00007944 ORDINANCE NO. 5745 AN ORDINANCE APPROVING VAC 14-4936 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT 2269 NORTH HENBEST DRIVE TO VACATE AN EXISTING UTILITY EASEMENT. 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 utility 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 Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following utility easement described in Exhibit `B" attached hereto and made a part thereof. 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 following conditions of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. 2. The existing gas line shall be relocated within a new utility easement prior to this vacation taking effect. PASSED and APPROVED this 17th day of February, 2015. APPROVED: ATTEST: ``��tiiiiTun; l`'1 B By: x/QY1 A fr=_�-vAYETTEVILLE.} IONELD JOAn , Mayor SONDRA E. SMITH, City Clerk/Treasui�f-.• : r EXHIBIT 'A' 14-4936 EXHIBIT'B' LEGAL DESCRIPTION: A part of the NW1/4 of Section 5, T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said NW 1/4, thence NO3002'35"E 208.59 feet, thence S86°57'36"E 164.21 feet to the POINT OF BEGINNING, thence N59°03'45"E 17.92 feet, thence S87°00'32"E 21.62 feet, thence NO2033'40"E 130.95 feet, thence S87026'20"E 10.00 feet, thence S02033'40"W 141.03 feet, thence N87000'32"W 46.56 feet to the POINT OF BEGINNING: Containing 1,701.00 square feet or 0.0390 acres more or less subject to easements and right of way of record. Washington County, AR I certify this instrument was filed on 03/27/2015 02:04:38 PM and recorded in Real Estate File Number 2015-00007944 Kyle Sylvester- Cir=Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 M 479-575-8323 Text File File Number: 2015-0062 Agenda Date: 2/17/2015 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: D. 5 VAC 14-4936 (2269 N. HENBEST DR./ADVENTURE SUBARU): AN ORDINANCE APPROVING VAC 14-4936 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT 2269 NORTH HENBEST DRIVE TO VACATE AN EXISTING UTILITY EASEMENT 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 utility 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 Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following utility easement described in Exhibit `B" attached hereto and made a part thereof. 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 following conditions of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. 2. The existing gas line shall be relocated within a new utility easement prior to this vacation taking effect. City of Fayetteville, Arkansas Page 1 Printed on 2/18/2015 City of Fayetteville Staff Review Form 2015-0062 Legistar File ID 2/17/2015 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 1/30/2015 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 14-4936: Vacation (2269 N. HENBEST DR./ADVENTURE SUBARU, 325): Submitted byJORGENSEN & ASSO for property located at 2269 N. HENBEST DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 4.78 acres. The request is to vacate an existing utility easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ O V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: � -n—[ ri