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HomeMy WebLinkAboutOrdinance 6496of FpYErJF L l ci �RKq rvS�S 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' e w1 / 01 i m / c1 / 01 / UI // 0 1 // I-I 0II / m r 1 I 31 / 121 / / I Cato Springs i I 1 RMF-24 Trail —0/ I I I / M. n 1 ems g.Y 910 j p_i, Q 1 Iji Subject Property 1 C` 1 a 1 . 1 � 1 RI VI) o RS1-4 % 1 1 I DISCOVERY I I WAY t . w > I rn , 4 Q 0 1 ' LU I w o I Ir ALLE 1 UU1 M Q 860 U 1 • 1 Q } �S-G S E2 Q .� _i_ 1 �h�4m LL CATO SPRINGS RD w �,. Ga i Q / W I • / / Z s/ X W 0 >LL Q W J Z > Q O J U 1 1 NORTH I RSF-4 A RMF-24 Neighborhood Link I-1 Heavy Commercial and Light Industrial Feet •t Neighborhood Services-Gen. 1 - - I Planning Area - Commercial,Industrial,Residential - - -I P 1 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