HomeMy WebLinkAboutOrdinance 5809-
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90C ID. 016505520004 Type. REL
Kind: OROINAt10E
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A:venmta$30/00/Pape It of
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File2015 00029583
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5809
File Number: 2015-0437
VAC 15-5157 (688 N. WHITHAM AVEJIST WESTERN BAND:
AN ORDINANCE TO APPROVE VAC 15-5157 SUBMITTED BY GENE BUESCHER FOR
PROPERTY LOCATED AT 688 WHITHAM AVENUE TO VACATE AN ALLEY RIGHT 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 alley 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 the alley right 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:
1. Any portion of the existing alley that contains utilities shall be dedicated as a utility easement,
pursuant to the requirements of AEPISWEPCO, Source Gas and the City of Fayetteville. The
vacation is not in force until an easement is dedicated, or the utilities are relocated.
2. New utility easements for any existing utility lines outside of the subject alley are not required to be
dedicated at this time.
Page 1 Printed on 10!7115
Ordinance 5809
3. Any costs associated with relocation of or damage to utilities and new easement dedication shall beat the
expense of the owner or developer.
PASSED and APPROVED on 10/6/2015
Attest:
Sondra E. Smith, City Clerk Treasurer
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VAC 15-5157
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15-5157
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EXHIBIT 'B'
15-5157
LOTS 9, 10, 11, 12, & 16, BLOCK 5, ARCHAIS-BUSHNELL ADDITION TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS AS SHOWN IN PLAT BOOK 4, PAGE 10 PER PLAT RECORDS AT THE
WASHINGTON COUNTY CIRCUIT CLREK'S OFFICE, ALSO THE CLOSED ALLEY BETWEEN LOTS 16 AND LOTS
9, 10, 11, & 12 AND HALF OF CLOSED LORETTA STREET ABUTTING LOTS 9 & 16 ON THE SOUTH, ALL
BEING MORE PARTICULARLY DESCRIBES AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT 12,
THENCE S 87025'58"E 175.00 FEEL ALONG THE SOUTH RIGHT-OF-WAY OF CLEVELAND STREET, THENCE 5
7°51'49"E 287.37 FEETTO A FOUJND IRON PIN, THENCE N 87°08'26"W 228.28 FEET COMMON WITH
TRESTEE'S WARRANTY DEED 2013, PAGE 17771 TO A SET IRON PIN, THENCE N 2°49'21"E 281.41 FEET
ALONG THE EAST RIGHT-OF-WAY OF WHITHAM AVENUE TO THE POINT OF BEGINNING, CONTAINING
1.31 ACRES, AND SUBJECT TO EASEMENTS OF RECORD OR FACT.
Washington County, AR
I certify this instru 'AA54 t Was flled on
10118/2015 0 '
and record in Re I Estate
File Nuns er 201 Irouiit Clerk
Kyle Sylv 0029583
st
by
-` Cityof Fayetteville, Arkansas 113 West Mountain Street
/ Fayetteville, AR 72701
:,1e\ (479) 575-8323
Text File
File Number: 2015-0437
Agenda Date: 10/6/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 13
VAC 15-5157 (688 N. WHITHAM AVE./1ST WESTERN BANK):
AN ORDINANCE TO APPROVE VAC 15-5157 SUBMITTED BY GENE BUESCHER FOR
PROPERTY LOCATED AT 688 WHITHAM AVENUE TO VACATE AN ALLEY RIGHT 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 alley 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 the alley right 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:
1. Any portion of the existing alley that contains utilities shall be dedicated as a utility easement,
pursuant to the requirements of AEP/SWEPCO, Source Gas and the City of Fayetteville. The vacation
is not in force until an easement is dedicated, or the utilities are relocated.
2. New utility easements for any existing utility lines outside of the subject alley are not required to be
dedicated at this time.
3. Any costs associated with relocation of or damage to utilities and new easement dedication shall be
at the expense of the owner or developer.
City o1 Fayetteville, Arkansas Page 1 Printed on 10/7/2015