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Home My WebLink AboutOrdinance 5787Doc ID: 016373930004 Type: REL Kind: ORDINANCE Recorded: 08/03/2015 at 02:34:18 PM Fee Amt: $30.00 Pape 1 of 4 WaslInpton Cou ntv, All Kyle SVlvester Clrcult Clerk File2015-00021647 ORDINANCE NO. 5787 AN ORDINANCE TO APPROVE VAC 15-5080 SUBMITTED BY RIVERWOOD HOMES FOR PROPERTY LOCATED AT WEIR & SALEM ROADS TO VACATE WEIR ROAD RIGHT-OF-WAY AND PORTIONS OF EXISTING UTILITY EASEMENTS WITHIN THE HOLCOMB HEIGHTS SUBDIVISION. 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 street right-of-way and portions of utility easements 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 utility easements and street right-of-way 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: Any damage or relocation of existing facilities and associated new easement dedication shall be at the owner/developer's expense. The applicant shall receive approval from Washington County for portions of Weir Road right-of-way that are within Washington County jurisdiction. PASSED and APPROVED this 21st day of July, 2015. APPROV ATTEST: By. L ONELD J AN, Mayor y SONDRA E. SMITH, City Clerk Z7easr�I Avr7I FVILLC; a'- 15-5080 EXHIBIT 'Ar VAC15-5080 HOLCOMB HEIGHTS SID Close Up View _--------.-.-., -.---- ------------------ --- r I 1 1 z 1 I � 1 1 II 1 a ❑ 1 RSF+1 771 Y 1 � 1 1 I wEIRRD-- - - _ - _SUBJECT -- --- ---- - - PROPERTY ^ - -' ------------------ r 1 1 _ — JKFILN:_- 1 r GYPSUM DR ON BARITE DR RSF-e �9 a COUNTRY MEADOWS ST ow W J ❑ N u � ❑ J Y + w O ldl III Q GROUSE RD I I CRYSTAL OR W w w SWEETGRASS RD a a y N O f ❑ m ❑ � w m p•1 F Legend a BENTGRAS RD 5hare+se Paved Trail MARSH ST Cr;&vI&,Neighborhood/Pa Trail Natural Surface Trail O VAC15-5080 Fayetteville City Units - - - Footprints 2010 ------ Planning Area 0 150 300 600 900 1.200 Feet EXHIBIT "B" Richt-of-Way Vacation LEGAL DESCRIPTION: (AREA 1) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence S02°21'02"W 353.50 feet, thence S79°49'03"W 368.31 feet to the POINT OF BEGINNING; thence S79°49'03"W 69.59 feet, thence along a non -tangent curve to the left 223.75 feet, said curve having a radius of 700.00 feet and chord bearing and distance of S86"41'51"W 222.80 feet, thence NO3°01'39"E 0.52 feet, thence N77°26'23"E 22.09 feet, thence N78°59'10"E 276.23 feet, thence S03°07'55"W 33.01 feet to the POINT OF BEGINNING: Containing 4,531.09 square feet or 0.1040 acres more or less subject to easements of record. LEGAL DESCRIPTION: (AREA 2) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4, thence 502021'02"W 353.50 feet, thence S79°49'03"W 35.85 feet to the POINT OF BEGINNING; thence S79°49'03"W 332.46 feet, thence NO3°07'55"E 33.01 feet, thence N78°59'10"E 50.45 feet, thence N79°04'16"E 157.76 feet, thence N81044'15"E 99.59 feet, thence N86°08'18"E 23.71 feet, thence S02"21'02"W 29.67 feet to the POINT OF BEGINNING: Containing 11,034.51 square feet or 0.2533 acres more or less subject to easements of record. LEGAL DESCRIPTION: (AREA 3) A part of the NW1/4 of the NW1/4 of Section 32, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NWl/4, NW1/4, thence S02"21'02"W 353.50 feet, thence S79049'03"W 35.85 feet to the POINT OF BEGINNING, thence S02021'02"W 30.69 feet, thence S86"08'18"W 14.87 feet, thence S81°44'15"W 95.89 feet, thence S79°04'16"W 204.56 feet, thence along a non -tangent curve to the right 20.89 feet, said curve having a radius of 700.00 feet and chord bearing and distance of N79045'28"W 20.89 feet, thence along a curve to the left 64.05 feet, said curve having a radius of 700.00 feet and a chord bearing and distance of N81°31'27"W 64.02 feet, thence N79°49'03"E 69.59 feet; thence N79°49'03"E 332.46 feet to the POINT OF BEGINNING: Containing 9,561.47 square feet or 0.2195 acres more or less subject to easements of record. EXHIBIT "B" Easement Vacation LEGAL DESCRIPTION: (AREA 1) A part of Lot 54, 55 and 56 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SW Corner of said Lot 54, thence NO3°10'10"E 79.15 feet, thence S86049'50"E 20.00 feet to the POINT OF BEGINNING, thence NO3010'10"E 13.48 feet, thence along a non -tangent curve to the right 147.66 feet, said curve having a radius of 626.00 feet and chord bearing and distance of N84011'17"E 147.32 feet, thence S79°05'49"W 150.01 feet to the POINT OF BEGINNING: Containing 1,407.94 square feet or 0.0323 acres more or less. LEGAL DESCRIPTION: (AREA 2) A part of Lot 75 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said Lot 75, thence S02°21'02"W 24.27 feet, thence S81°44'15"W 17.30 feet to the POINT OF BEGINNING, thence S02°21'02"W 26.57 feet, thence N87°38'58"W 8.00 feet, thence NO2°21'02"E 22.82 feet, thence S79°49'03"W 79.27 feet, thence NO2°25'23"E 4.96 feet, thence N81°44'15"E 86.86 feet to the POINT OF BEGINNING: Containing 485.77 square feet or 0.0112 acres more or less. LEGAL DESCRIPTION: (AREA 3) A part of Lot 22 and 23 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said Lot 22, thence N00°47'51"W 10.02 feet, thence N87°34'37"W 17.58 feet to the POINT OF BEGINNING; thence N87034'37"W 8.00 feet, thence NO2021'02"E 96.68 feet, thence along a non -tangent curve to the right 13.69 feet, said curve having a radius of 10.00 feet and chord bearing and distance of S36°52'51"E 12.65 feet, thence S02°21'02"W 86.89 feet to the POINT OF BEGINNING: Containing 753.77 square feet or 0.0173 acres more or less. LEGAL DESCRIPTION: (AREA 4) A part of Lot 17, 18, 19, 20 and 21 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said Lot 17, thence NO2021'02"E 10.00 feet, thence N87°34'37"W 22.50 feet to the POINT OF BEGINNING; thence N87°34'37"W 8.00 feet, thence NO2°21'02"E 278.97 feet, thence S87°34'37"E 8.00 feet, thence S02°21'02"W 278.97 feet to the POINT OF BEGINNING: Containing 2,231.76 square feet or 0.0512 acres more or less. LEGAL DESCRIPTION: (AREA 5) A part of Lot 14, 15 and 16 of Holcomb Heights Subdivision in Fayetteville, Arkansas, as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said Lot 16, thence S02°21'02"W 10.00 feet, thence N87°34'37"W 22.50 feet to the POINT OF BEGINNING, thence S02°21'02"W 146.58 feet, thence along a curve to the right 13.69 feet, said curve having a radius of 10.00 feet and a chord bearing and distance of S41°34'55"W 12.65 feet, thence NO2°21'02"E 156.38 feet, thence S87°34'37"E 8.00 feet to the POINT OF BEGINNING: Containing 1,231.29 square feet or 0.0283 acres more or less. Washington County, AR I certify this instrument was filed on 08/03/2015 02:3418 PM and recorded in Real Estate File Number 2015-00021847 Kyle Sylvestipre-qrcult Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File — File Number: 2015-0303 Agenda Date: 7/2112015 Version:1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 3 VAC 15-5080 (WEIR & SALEM RDS./HOLCOMB HEIGHTS SUBDIVISION) AN ORDINANCE TO APPROVE VAC 15-5080 SUBMITTED BY RIVERWOOD HOMES FOR PROPERTY LOCATED AT WEIR & SALEM ROADS TO VACATE WEIR ROAD RIGHT-OF-WAY AND PORTIONS OF EXISTING UTILITY EASEMENTS WITHIN THE HOLCOMB HEIGHTS SUBDIVISION 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 street right-of-way and portions of utility easements 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 utility easements and street right-of-way 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 and associated new easement dedication shall be at the owner/developer's expense. 2. The applicant shall receive approval from Washington County for portions of Weir Road right-of-way that are within Washington County jurisdiction. City o1 Fayetteville, Arkansas Page 1 Printed on 712012015