HomeMy WebLinkAboutOrdinance 5791OOC 0 ID: 91643398003 Type. REL Kind: ORDINANCE Recorded: 09/09/2015 et 10:24:03 AM wast hlnpto$2Countvs9eeA ' of 3 Kyle SylVester Gircult Clerk F1102015-00025645 ORDINANCE NO. 5791 AN ORDINANCE TO APPROVE VAC 15-5116 SUBMITTED BY JOSEF TUCKER FOR PROPERTY LOCATED AT 808 N. HIGHLAND AVENUE TO VACATE A PORTION OF 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 an existing utility easement 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 portion of an existing utility easement as described in Exhibit "B" attached. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached Exhibit "A" shall be tiled 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 condition of approval: Any damage to or relocation of existing utilities or facilities and any associated new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED this 18°i day of August, 2015. APPROVFD� ATTEST: SONDRA E. SMITH, City Clerk Tr&ureiCt VAC 15-5116 Close Up View 0 a CLEBIIRN Sr RSF.7 PROSPEGTST Legip - f Steared-Use Paved Trail ........ Neighborhood/Park Trail Natural SurfaceAMOT,ril VACI�J-J_�-4 �..NgLyD y yeLvjej ''v,Fayetteville City Li its ® Footprints 2010 _ Hillside -Hilltop Ov4 irlay District Design Overlay Di trict Design Overlay Di trict 0 ISO ------ Planning Area T 15.5116 EXHIBIT W TUCKER C -i it Vj VAx rI-RLN CLEBLIRN ST f� 2ao SUBJECT PROPERTY LEN WI �I , PROSPECTST paOsPPCT ST I RW4A ca REBECCA ST d9 Ij 300 450 600 EXHIBIT 'B' 15-5116 A twenty -foot (20') utility easement occupying the vacated former alleyway of Crest Lane between the two real estate properties further described below; 806 N. Highland Avenue, Fayetteville, Arkansas 72701, more specifically described as: a part of Block 11 and a Part of the South half of that unopended portion of Crest Lane lying between Highland Avenue and Pollard Avenue as vacated and abandoned by the City of Fayetteville, Arkansas, by ordinance No. 3308 recorded in Book 1258 at page 892, records of Washington County, Arkansas, all in City Park Addition to the City of Fayetteville, Arkansas, and all together being more particularly described as follows: Beginning at the NW Comer of said Block 11; thence North 00 degrees 11 minutes 40 seconds West along the East right of way of Highland Avenue 10.00 feet to an existing iron in the center of said vacated Crest Lane; thence South 89 degrees 46 minutes 05 seconds East along the center of said vacated Crest Lane 169.86 feet; thence South 00 degrees 06 minutes 39 seconds East 87.01 feet to an existing iron pipe; thence North 89 degrees 58 minutes 31 seconds West 169.73 feet to an existing iron on the West line of said Block 11; thence North 00 degrees 11 minutes 40 seconds West 77.62 feet to the point of beginning Less and except public roads and rights of way and any easements of record. 808 N. Highland Avenue, Fayetteville, Arkansas 72701, more specifically described as: Lot Numbered Four (4) in Block Numbered Ten (10) in the AL. Trent to the City of Fayetteville, as designated upon A L. Trent's Revised Plat of said Addition recorded as Plat No. 125 of the Plat Records in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. And, all the North Half (N 112) of the unopened portion of Crest Lane lying between Highland Avenue and Pollard Avenue which lies adjacent to the South line of said Lot Numbered Four (4) as vacated and abandoned by the City of Fayetteville, Arkansas, in Ordinance No. 3308 recorded in Record Book 1258 at Page 892 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. AND A limited easement for ingress and egress on, over and across a Part of Block 11 of City Park Addition to the City of Fayetteville, Arkansas, which is limited to and more specifically described as lands lying between the rock wall located on the Northern portion of said Block 11 and the South line of Lot Four (4) in Block Ten (10), of said A L. Trent's Revised Plat. Washington County, AR I certify this instrument was filed on 09/09/2015 10:24:03 AM and recorded in Real Estate File Number 2015-00025645 Kyle Sylvester - Ccult lerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)675-8323 Text File File Number: 2015-0354 Agenda Date: 8/18/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 7 VAC 15-5116 (808 N. HIGHLAND AVENUE) AN ORDINANCE TO APPROVE VAC 15-5116 SUBMITTED BY JOSEF TUCKER FOR PROPERTY LOCATED AT 808 N. HIGHLAND AVENUE TO VACATE A PORTION OF 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 an existing 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 portion of an existing utility easement as described in Exhibit `B" attached. Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 condition of approval: Any damage to or relocation of existing utilities or facilities and any associated new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page i Printed on 8120/2015 15-5116 EXHIBIT 'A'