HomeMy WebLinkAboutOrdinance 6496of FpYErJF
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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6496
File Number: 2021-0767
VAC-2020-005 (2020 S. CLINE AVEJCLINE AVE. ROW):
I IIIIIII IIIIII III IIIII I I II I III I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 020206670005 Type: REL
Kind: ORDINANCE
Recorded: 10/29/2021 at 01:06:01 PM
Fee Amt: $35.00 Pape i of 5
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2021-00041785
AN ORDINANCE TO APPROVE VAC 20-05 FOR PROPERTY LOCATED AT 2020 SOUTH
CLINE AVENUE TO VACATE PORTIONS OF EXISTING STREET RIGHT-OF-WAY AND
PORTIONS OF A GENERAL 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 portions of a street
right-of-way and a general 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 portions of a
general utility easement and a street right-of-way as described in Exhibit B attached to the Planning
Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
The city shall retain a portion of the utility easement along the western boundary of Lots 8 through
10 for overhead electric facilities to serve adjacent property; and
Page 1 Printed on 10120121
Ordinance: 6496
File Number. 2021-0767
2. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's
expense.
PASSED and APPROVED on l0/19/2021
Approi d: Attest: `,���rrrrrrrrrrlf1
• .��1/4N G>oRK rRF9',
.�/L_ /a �.al �- wGG� - ' FAY' _
t'TcVILLE:
Lioneld J- dan, ayor Kara Paxton, City Clerk Treasurtt�•. ;
;may•-9,p,. �c_•
•.• `,
�i�i�(;�ON r i 0J°��
Page 2 Printed on 10/20/21
VAC-2020-000005 Cline Ave
VAC-2020-000005
Close Up View EXHIBIT 'A'
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Feet •t Neighborhood Services-Gen.
1 - - I Planning Area - Commercial,Industrial,Residential
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Fayetteville City Limits 0 75 150 300 450 600
1 inch = 200 feet
---• Shared-Use Paved Trail
VAC-2020-000005
EXHIBIT 'B'
DESCRIPTION: S.CLINE AVE.RIGHT OF WAY VACATION
A portion of S.Cline Ave.located in McClinton's Second Addition to the City of Fayetteville,Arkansas
located in the Southwest Quarter(SW 1/4) of the Southwest Quarter(SW 1/4)of Section 21,Township
16 North,Range 30 West being more particularly described as follows: BEGIN at the found rebar
pin at the Southeast corner of Lot 8 in said McClinton's Second Addition to the City of Fayetteville,
Arkansas as shown on plat of said addition recorded in File 1-00000148 in the records of
Washington County,Arkansas,run thence North 03°17' 53"East along the West right of way line of
said S.Cline Ave.a distance of 90.00 feet to the northeast corner of said Lot 8 in said addition;
thence leaving said west right of way line South 87°06' 07"East along the north line of said
addition a distance of 50.00 feet to the northwest corner of Lot 7 in said addition;thence leaving
said north line South 03°17' 53"West along the east right of way line of S.Cline Ave.a distance of
270.00 feet to found rebar pin at the southwest corner of Lot 5 in said addition;thence leaving said
east right of way line North 87°06' 07"West a distance of 50.00 feet to the southeast corner of Lot
10 in said addition;thence North 03° 17'53"East along said west right of way line a distance of
180.00 feet to the point of beginning,containing 13,500 square feet or 0.30 acres,more or less.
DESCRIPTION: UTILITY EASEMENT TRACT"A"VACATION
A portion of the utility easement located in West side of McClinton's Second Addition to the City of
Fayetteville,Arkansas located in the Southwest Quarter(SW 1/4) of the Southwest Quarter(SW 1/4)
of Section 21,Township 16 North,Range 30 West being more particularly described as follows:
Commence at the found rebar pin at the Southeast corner of Lot 8 in said McClinton's Second
Addition to the City of Fayetteville,Arkansas as shown on plat of said addition recorded in File 1-
00000148 in the records of Washington County,Arkansas,run thence North 03° 17'53"East along
the West right of way line of said S.Cline Ave.a distance of 80.00 feet to the"TRUE POINT OF
BEGINNING"of this easement vacation description;thence leaving said west right of way line North
87°06' 07"West a distance of 120.00 feet;thence North 03° 17'53" East a distance of 10.00 feet to
the North line of Lot 8 in said addition;thence South 87°06' 07"East along the North line of said
Lot 8 in said addition a distance of 120.00 feet to the Northeast corner of said Lot 8;thence leaving
said North line South 03° 17'53"West along the East line of said Lot 8 a distance of 10.00 feet to the
Point of Beginning,containing 1,200 square feet or 0.03 acres,more or less.
DESCRIPTION: UTILITY EASEMENT TRACT"B"VACATION
All of the utility easement located in the East side of McClinton's Second Addition to the City of
Fayetteville,Arkansas located in the Southwest Quarter(SW 1/4)of the Southwest Quarter(SW 1/4)
of Section 21,Township 16 North,Range 30 West being more particularly described as follows:
BEGIN at the Northwest corner of Lot 7 in said McClinton's Second Addition to the City of
Fayetteville,Arkansas as shown on plat of said addition recorded in File 1-00000148 in the records
of Washington County,Arkansas,run thence South 87°06' 07"East along the North line of said Lot
7 a distance of 130.00 feet to the Northeast corner of Lot 7;thence leaving said North line South 03°
17'53"West along the East line of said addition a distance of 608.20 feet to the North right of way
line of W.Cato Springs Rd.;thence leaving said East line North 86°57'55"West along said North
right of way line a distance of 10.00 feet;thence leaving said North right of way line North 03°17'
53" East a distance of 598.17 feet;thence North 87°06'07"West a distance of 120.00 feet to the
West line of said Lot 7 in said addition;thence North 03° 17' 53"East along said West line of said
Lot 7 a distance of 10.00 feet to the Point of Beginning,containing 7,283 square feet or 0.17 acres,
more or less.
Washington County,AR
I certify this instrument was filed on
10/29/2021 01:06:01 PM
and recorded in Real Estate
File Number 2021-00041785
Kyle Sylvester- Circuit Clerk
by _.
K_IANNO
DemocmdL a Q
F.^ 20X 1E07, FAYETTEVILLE, AR 727C2. 479-442.1%00 - FAX 479-69,�-1118. W VA' NWADU C0M
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 6496
Was inserted in the Regular Edition on:
October 24, 2021
Publication Charges: $127.68
6A- SAY, -
Brittany §mith
Subscribed and sworn to before me
This2S-day of -- , 2021.
0,4� b,,�
Notary Public
My Commission Expires: 2)1_47_�
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC - AR'KANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
Ordinance: 6496
File Number: 2021-0767
VAC-2020-005 (2020 S. CLINE
AVE./CLINE AVE. ROW):
AN ORDINANCE TO APPROVE VAC
20-05 FOR PROPERTY LOCATED AT
2020 SOUTH CLINE AVENUE TO
VACATE PORTIONS OF EXISTING
STREET RIGHT-OF-WAY AND
PORTIONS OF A GENERAL
UTILITY EASEMENT
WHEREAS, the City Council has the
authority under A.C.A. 6 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
portions of a street right-of-way and a
general 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 portions of a general utility
easement and a street right-of-way as
described in Exhibit B attached to the
Planning Department's memo.
Section 2: A copy of this Ordinance duly
certified by the City Clerk along with the
map attached as Exhibit A to the
Planning Department's memo shall be
filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is
subject to the following conditions:
1. The city shall retain a portion
of the utility easement along the western
boundary of Lots 8 through 10 for
overhead electric facilities to serve
adjacent property; and
2. Any relocation of or damage
to existing utilities or existing facilities
shall be at the owner/developees
expense.
PASSED and APPROVED on
1 tU 19/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -Treasurer of
the City of Fayetteville, Arkansas.
Amount paid: E127.68.
75481074 Oct 24, 2021