HomeMy WebLinkAboutOrdinance 6356IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
IIIIIIIIIIIII Doc ID: 019466150004 Type: REL
Kind: ORDINANCE
Recorded: 09/30/2020 at 02:53:32 PM
Fee Amt: $30.00 Page 1 of 4
WashingtOn County, AR
Kyle Sylvester 00035277
File2020
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6356
File Number: 2020-0771
AN ORDINANCE TO AMEND ORDINANCE NO. 6310 FOR THE PURPOSE OF
VACATING ADDITIONAL RIGHT OF WAY ALONG SCHOOL AVENUE
WHEREAS, on May 5, 2020, the City Council passed Ordinance No. 6310 vacating portions of
rights of way and general utility easement at 815 South School Avenue; and
WHEREAS, a portion of right of way along South School Avenue was withdrawn from the request
before approval by the City Council because it was thought at the time to be right of way that had been
dedicated to the State of Arkansas; and
WHEREAS, City staff has now confirmed that the right of way was dedicated to the City of
Fayetteville and can be vacated; and
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 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 additional
portion of right of way described in Exhibit B attached hereto.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A and the legal description attached as Exhibit B shall be filed in the office of the Washington
County Circuit Clerk.
Page 1 Printed on 9116120
Ordinance 6356
File Number: 2020-0771
Section 3: This vacation approval is subject to the condition that any relocation of or damage to
existing utilities or existing facilities shall be at the owner/developer's expense.
PASSED and APPROVED on 9/15/2020
Attest:
`���Iltlllllrrrr
ER K / TR rii
V.
Kara Paxton, City Clerk Treasurer :
Page 2 Printed on 9116120
VAC20-7042 FARMERS CO-OP
Close Up View I Exhibit A
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W ST
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a
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Subject Property ! O
w
0
O
2
U
N
A
SITH ST
A&
NORTH
Legend 1-1 Heavy Commercial and Light Industrial
I - - — C-2
- - Planning Area Main Street Center
IL — — — Feet Downtown General
L - - Fayetteville City Limits Community Services
i - J Design Overlay District 0 55 110 220 330 440 ' P'
Building Footprint 1 inch = 150 feet
INot
a Survey
LEGEND
— Calculated Point
POC, NE Corner
0 NE Corner Block 15
Z
S21, T16N, R30W
(5/8"Reba rin Boundary Line
S87'13'SOT
s.00'
Water valve Box) Road Center Line
Not to Scale N86'5748'W1926.41' — — — Easement Line
Existing Cotton
Picker Spindle
RIGHT-OF-WAY VACATION DESCRIPTION:
\
All of a that area depicted as Right -of -Way Dedication on record
Lot Split, Document No. 2003-33826, as filed June 25, 2003, being
\located
in and across part of Blocks 15 and 16 and the 40' Street
3
platted as 5th Street, all in Fergusons Addition to the City of
\ o
Fayetteville, according to Plat Record 4, page 203, said
N
Right -of -Way Dedication also being part of the Northwest Quarter
\ o j
Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North,
Range 30 West, of the Fifth Principal Meridian, Washington
N87'05'11 "W \
County Arkansas, and more particularly descripted as follows:
19,85'
S02°1521 "W
COMMENCING at the northeast corner of Section 21; thence North
20,46' POB
86°57'48" West a distance of 1,926.41 feet, more or less, to the
'—"N89 51'I8"E j
Northeast Corner of Block 15, Fergusons Addition, from which an
6.82'
existing Cotton Picker Spindle bears North 87°13'50" West 5.00
N87•05'11'w
sao
feet; thence South 02°21'05" West a distance of 259.82 feet;
103
S00°OS612
thence North 87°05'11" West a distance of 5.00 feet to the west
26
.12' I Q;
right-of-way line of U. S. Highway 71B (S. School Avenue), as that
S89°54'S0"W Q
currently exist, and the POINT OF BEGINNING; thence leaving said
7.91' j p
west right-of-way line, North 87°05'11" West a distance of 19.85
j�
feet; thence South 02°15'21" West a distance of 20.46 feet;
thence North 89°51'18" East a distance of 6.82 feet; thence South
!�
00°08'03" East a distance of 26.12 feet; thence South 89°54'50"
CV)West
a distance of 7.91 feet; thence South 02°15'21" West a
N^
distance of 153.76 feet; thence South 87°08'14" East a distance of
Lu
19.51 feet to said west right-of-way line of U. S. Highway 71B (S.
School Avenue); thence North 02°21'05" East along said west
! Z
right-of-way line a distance of 200.33 feet to the Point of
N
Beginning.
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Vacated Right -of --Way
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19.51'
��°'•,QRKANSP'�;•••,, �'�i �• T �': 5•'•� .`�`
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MORRISON 4 SHIPLEY
24V SE COTTONWOOD STREET • QNTON"U. M 747,7 • In.M.nft . A"IUSONSliI%EY COM
SHEET 1 of 1
a-- er
EXHIBIT B ,us
RIGHT-OF-WAY VACATION EXHIBIT „0`,9
aE-
Fayetteville, Washington County, Arkansas a. sRE-11 „•
E�wBiT
Washington County, AR
I certify this instrument was filed on
09/30/2020 02:53:32 PM
and recorded in Real Estate
File Number 2020-00035277
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
r -'f (479) 575-8323
Text File
File Number: 2020-0771
Agenda Date: 9/15/2020 Version: 1 Status: Passed
In Control: City Council Meeting
File Type: Ordinance
AN ORDINANCE TO AMEND ORDINANCE NO. 6310 FOR THE PURPOSE OF VACATING
ADDITIONAL RIGHT OF WAY ALONG SCHOOL AVENUE
WHEREAS, on May 5, 2020, the City Council passed Ordinance No. 6310 vacating portions of rights of
way and general utility easement at 815 South School Avenue; and
WHEREAS, a portion of right of way along South School Avenue was withdrawn from the request before
approval by the City Council because it was thought at the time to be right of way that had been dedicated to
the State of Arkansas; and
WHEREAS, City staff has now confirmed that the right of way was dedicated to the City of Fayetteville and
can be vacated; and
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 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 l: That the City Council of the City of Fayetteville, Arkansas hereby vacates the additional portion of
right of way described in Exhibit B attached hereto.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A
and the legal description attached as Exhibit B shall be filed in the office of the Washington County Circuit
Clerk.
Section 3: This vacation approval is subject to the condition that any relocation of or damage to existing utilities
or existing facilities shall be at the owner/developer's expense.
City ofFayettevil/e, Arkansas Page 1 Printed on 911612020
Legistar ID No.: 2020-0771
AGENDA REQUEST FORM
FOR: Council Meeting of September 15, 2020
FROM: Council Member Sarah Marsh
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND ORDINANCE NO. 6310 FOR THE PURPOSE OF
VACATING ADDITIONAL RIGHT OF WAY ALONG SCHOOL AVENUE
APPROVED FOR AGENDA:
Council MemMer Sarah Marsh
Asst. City Attorney Blake Pennington
Approved as to form
3 / 16 /wzo
Date
Date
ORDINANCE NO. 0 -%
AN ORDINANCE TO AMEND ORDINANCE NO. 6310 FOR THE PURPOSE OF
VACATING ADDITIONAL RIGHT OF WAY ALONG SCHOOL AVENUE
WHEREAS, on May 5, 2020, the City Council passed Ordinance No. 6310 vacating portions of
rights of way and general utility easement at 815 South School Avenue; and
WHEREAS, a portion of right of way along South School Avenue was withdrawn from the
request before approval by the City Council because it was thought at the time to be right of way
that had been dedicated to the State of Arkansas; and
WHEREAS, City staff has now confirmed that the right of way was dedicated to the City of
Fayetteville and can be vacated; and
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 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 additional
portion of right of way described in Exhibit B attached hereto.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached
as Exhibit A and the legal description attached as Exhibit B shall be filed in the office of the
Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the condition that any relocation of or damage to
existing utilities or existing facilities shall be at the owner/developer's expense.
PASSED and APPROVED this 15th day of September, 2020.
AP.
ATTEST:
* / TRF�i�i
v r*
By:KARA PAXTON, City Clerk/Treas ret . FAYETTEVILLE
.'QkANSNS • ` ``
,,` j,, 'ON,;
VAC20-7042 FARMERS CO-OP
Close Up View I Exhibit A
•----..-..-------.._..__ Subject Property
Legend
' Planning Area
L rr
' Fayetteville City Limits
j _ J Design Overlay District
Building Footprint
Feet
0 55 110 220 330 440
1 inch = 150 feet
(-2
7TH
w ST
> I
a
n
NORTH
1-1 Heavy Commercial and Light Industrial
C-2
Main Street Center
Downtown General
Community Services
P-1
INot a Survey
t _ Calculated Point POC, NE Corner LEGEND
0
NE Corner Block 15 521, T16N, R30W
Z s97°13 so°E (5/8" Rebar in Boundary Line
5 00• Water Valve Box) Road Center Line
Not to Scale Existing Cotton
ro86 57d8"W 1916 q1 Easement Line
Picker Spindle
RIGHT-OF-WAY VACATION DESCRIPTION:
\ All of a that area depicted as Right -of -Way Dedication on record
Lot Split, Document No. 2003-33826, as filed June 25, 2003, being
\ \located in and across part of Blocks 15 and 16 and the 40' Street
3 platted as 5th Street, all in Fergusons Addition to the City of
\ Fayetteville, according to Plat Record 4, page 203, said
Right -of -Way Dedication also being part of the Northwest Quarter
\ o I Northeast Quarter (NW1/4 NE1/4) Section 21, Township 16 North,
Range 30 West, of the Fifth Principal Meridian, Washington
N87°05'11 "W \ County Arkansas, and more particularly descripted as follows:
19.85'
S02°15'21 "W COMMENCING at the northeast corner of Section 21; thence North
20.46' POB 86.57'48" West a distance of 1,926.41 feet, more or less, to the
N89°51'18"E + Northeast Corner of Block 15, Fergusons Addition, from which an
6.82' n Ns7°os21"w existing Cotton Picker Spindle bears North 87°13'50" West 5.00
feet; thence South 02°21'05" West a distance of 259.82 feet;
S00°OS'03"E "X s.00 thence North 87.05'11" West a distance of 5.00 feet to the west
26,12' v right-of-way line of U. S. Highway 71B (S. School Avenue), as that
--�-589°54'50"W Q currently exist, and the POINT OF BEGINNING; thence leaving said
7.91' p west right-of-way line, North 87°05'11" West a distance of 19.85
o feet; thence South 02°15'21" West a distance of 20.46 feet;
thence North 89°51'18" East a distance of 6.82 feet; thence South
M 00°08'03" East a distance of 26.12 feet; thence South 89'54'50"
West a distance of 7.91 feet; thence South 02.15'21" West a
o m distance of 153.76 feet; thence South 87'08'14" East a distance of
�u 19.51 feet to said west right-of-way line of U. S. Highway 71B (S.
School Avenue); thence North 02'21'05" East along said west
S right-of-way line a distance of 200.33 feet to the Point of
Beginning.
� � I
N Vacated Right -of Way `%��
t3,750Sq. Ft. � t S S 04,
Xx.� ��VQ;� •• •'•0'!D Z1ZO STATE OF •6.
• .�y = [� ARKANSA
x • MORRISON•SHIPLEY • • = ry) ; N
W • ENGINEERS. WC. � i
k 3s o . No. 281 W A
S87°08'14 "E ���j ���� �' •
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EXHIBIT B JOS
MORRISON ei SHIPLEY RIGHT-OF-WAY VACATION EXHIBIT
AgN•1 Ns
SRE-11
Fayetteville, Washington County, Arkansas
2407 SE COTTONWOOD STREET lENTONNLLE. AR 72712 479 273 2209 MOIIRISONSHI%EY COM E7f11Te,T
NORTHWEST ARKANsAs
Demo= iffiaze&
3G' r.., . _'nLLc, af? .727i;-' • ''-f:`i:T . !', Y
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6356
Was inserted in the Regular Edition on:
September 20, 2020
Publication Charges: $129.20
Brittany Smith
Subscribed and sworn to before me
This 21 day ofc� , 2020.
Notary Public
My Commission Expires: G�'Z
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
�PGGp2��2
GpZ�`NT ry 26
e� G°
Ordinance: 6356
File Number: 2020-0771
AN ORDINANCE TO AMEND
ORDINANCE NO. 6310 FOR THE
PURPOSE OF VACATING
ADDITIONAL RIGHT OF WAY
ALONG SCHOOL AVENUE
WHEREAS, on May 5, 2020, the City
Council passed Ordinance No. 6310
vacating portions of rights of way and
general utility easement at 815 South
School Avenue; and
WHEREAS, a portion of right of way
along South School Avenue was
withdrawn from the request before
approval by the City Council because it
was thought at the time to be right of
way that had been dedicated to the State
of Arkansas; and
WHEREAS, City staff has now
confirmed that the right of way was
dedicated to the City of Fayetteville and
can be vacated; and
WHEREAS, the City Council has the
authority under A.C.A. § 14-54-104to
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 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 additional portion of right of
way described in Exhibit B attached
hereto.
Section 2: A copy of this Ordinance duly
certified by the City Clerk along with the
map attached as Exhibit A and the legal
description attached as Exhibit B shall
be filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is
subject to the condition that any
relocation of or damage to existing
utilities or existing facilities shall be at
the owner/developer's expense.
PASSED and APPROVED on
9/152020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75322625 Sept 20, 2020