HomeMy WebLinkAboutOrdinance 6688 iiiIIIIIiiiiiiiiihillhillhillliiiiiiiiiiiiiIIIIIIIIIIiiiiiiiiIIIIIIIIII
Doc ID: 021305500005 Type: REL
Kind: ORDINANCE
Recorded: 6/2023 at PM
} ,r Fee Amt: $35.00 Pape 1 of 50230.03
Washington Count
Kyle Sylvester i, AR
�� Circuit Clerk
ALl' i'!.0 ;I Filet 3--0002
J 6997
,��
r,ni7
113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6688
File Number: 2023-1096
VACATION-2023-0004:(817 E. DOGWOOD LN./BUXTON,486):
AN ORDINANCE TO APPROVE VAC 23-04 FOR PROPERTY LOCATED AT 817 EAST DOGWOOD LANE IN
WARD 1 TO VACATE A 0.16-ACRE PORTION OF 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, hasdeterminedright-of-way
the City Council it u c that the following described portion of 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 portion of alley 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.Any damage to or relocation of existing facilities will be at the property owner/developer's expense;
2. A 20-foot access easement shall be dedicated as shown in the Blew and Associates survey attached to the Planning
Department's memo;and
3. A new 15-foot utility easement shall be dedicated along the north side of the subject property as requested by
AEP/SWEPCO.
PASSED and APPROVED on October 3,2023
Page 1
Ordinance: 6688
File Number: 2023-1096
Approved:
Page 2
Attest:
�C� `•' `iITYU�'yf��
Kara Paxton, ity Clerkeasurer
VAC-2023-0004
Close Up View
;CRESCENTDR
RSF
— Neighborhood Link
Alley
Residential Link
Hillside -Hilltop Overlay District
Planning Area
! Fayetteville City Limits
— — — Trail (Proposed)
817 E DOGWOOD LN
Subject Property
MISSOURI
Feet
0 75 150 300 450 600
1.2,400
VAC-2023-0004
EXHIBIT 'A'
1/OGWOOD LN
RSF-4
RSF-8
RSF-18
RMF-6
RMF-24
1-1 Heavy Commercial and Light Industrial
P-1
04
BLEW & ASSOCIATES, PA V EXH g T B'
CIVIL ENGINEERS & LAND SURVEYORS
RIGHT-OF-WAY VACATION AREA
A PORTION OF A 20' PUBLIC ALLEY, IN GOFF ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICI0 RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A SET 5/8" REBAR WITH CAP "AR 1659", BEING THE
SOUTHEAST CORNER OF LOT 2 OF SAID GOFF ADDITION; THENCE N04°07'16"E
35.36 FEET TO A FOUND 1 /2" REBAR WITH CAP "PLS 1005", BEING THE TRUE
POINT OF BEGINNING; THENCE N83°36'05"W 12.62 FEET TO A SET 5/8" REBAR
WITH CAP "AR 1659"; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS
OF 67.69 FEET, WITH A CHORD BEARING OF N29°44'39"W, AND A CHORD
LENGTH OF 72.49 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE
N59011'49"W 72.91 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE
N69050'54"W 77.71 FEET TO A FOUND 1 /2" REBAR WITH CAP "PLS 1005"; THENCE
N19°02'12"E 20.06 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE
S69050'54"E 79.24 FEET TO A POINT; THENCE S59°11'49"E 74.30 FEET TO A
POINT; THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 87.69
FEET, WITH A CHORD BEARING OF S33°45'59"E, AND A CHORD LENGTH OF
74.83 FEET TO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE S83047'16"E
68.77 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE S73059'12"E
43.87 FEET TO A FOUND 1 /2" REBAR WITH CAP "PLS 1005"; THENCE
S04011'06"W 20.94 FEET TO A FOUND 1 /2" REBAR WITH CAP "PLS 1005"; THENCE
N73044'22"W 46.40 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE
N83031'09"W 67.15 FEET TO THE POINT OF BEGINNING, CONTAINING 0.156
ACRES OR 6,812 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS
3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 83
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
AND RIGHTS -OF -WAY OF RECORD.
3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 83
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 3, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
DATE:
CITY COUNCIL MEMO
2023-1096
SUBJECT: VAC-2023-0004: Vacation (817 E. DOGWOOD LN./BUXTON, 486): Submitted by BLEW
& ASSOCIATES for property located at 817 E. DOGWOOD LN. in WARD 1. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE
and contains approximately 0.52 acres. The request is to vacate a 0.16-acre portion
of alley right-of-way.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of VAC-2023-0004 as shown in the
attached Exhibits 'A' and 'B' and with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer's expense;
2. A 20-foot access easement shall be dedicated as shown in the attached site exhibit; and
3. A new 15-foot utility easement shall be dedicated along the north side of the subject property as
requested by AEP/SWEPCO.
BACKGROUND:
The subject property includes one parcel totaling 0.52 acres which is located on the north side of Mount
Sequoyah about 300 feet southeast of the intersection of Dogwood Lane and Lafayette Street. The property is
developed with a single-family dwelling which was built in 1967 and is accessed through a public alley. While
the alley used to extend farther south to Missouri Way, a portion of the alley was vacated and abandoned in
1972 (Ord. 1878), and the alley now terminates at the east end of the subject property.
Request: The applicant proposes to vacate a portion of the alley right-of-way adjacent to the subject property
which totals approximately 0.16 acres.
Public Comment: Staff received one inquiry about this request, though no support or opposition to the vacation
was offered.
DISCUSSION:
Staff is supportive of the applicant's request to vacate a portion of the alley right-of-way. The right-of-way no
longer contributes towards the creation of a complete, compact, and connected neighborhood as it is
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
disconnected from other street rights -of -way and only extends about 300 feet in length. The applicant has
submitted the required vacation approval forms to relevant city departments and franchise utility companies
with conditions as noted above. The applicant has also obtained approval from the other property owner
adjacent to the right-of-way proposed to be vacated with no objections.
At the September 11, 2023 Planning Commission meeting, this item was forwarded to City Council with a
recommendation of approval by a vote of 9-0-0. Commissioner Payne made the motion and Commissioner Brink
seconded. Commissioners found the request to be appropriate and offered little comment on the item. No public
comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate
(#7), Survey (#8)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-1096
VAC-2023-0004: Vacation (817 E. DOGWOOD LN./BUXTON, 486): Submitted by BLEW &
ASSOCIATES for property located at 817 E. DOGWOOD LN. in WARD 1. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains
approximately 0.52 acres. The request is to vacate a 0.16-acre portion of alley right-of-way.
AN ORDINANCE TO APPROVE VAC 23-04 FOR PROPERTY LOCATED AT 817 EAST
DOGWOOD LANE IN WARD 1 TO VACATE A 0.16-ACRE PORTION OF 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 portion of 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 portion of
alley 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. Any damage to or relocation of existing facilities will be at the property owner/developer's expense;
2. A 20-foot access easement shall be dedicated as shown in the Blew and Associates survey attached to
the Planning Department's memo; and
3. A new 15-foot utility easement shall be dedicated along the north side of the subject property as
requested by AEP/SWEPCO.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-1096
Item ID
10/3/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/15/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2023-0004: Vacation (817 E. DOGWOOD LN./BUXTON, 486): Submitted by BLEW & ASSOCIATES for property
located at 817 E. DOGWOOD LN. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE and contains approximately 0.52 acres. The request is to vacate a 0.16-acre portion of alley right-
of-way.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
' Civil Engineers Professional Land Surveyors Blew n. /kssociates, P.A.
July 181h, 2023
To Whom It May Concern,
Right -of -Way Vacation
3825 N. Shiloh Dr.
Fayetteville, Arkansas 72703
479-443-4506
Fax 582-1883
My client, Christina Buxton is requesting a right-of-way vacation for the property at 817
East Dogwood Lane in Fayetteville. We are requesting this in order to give our client
more usable property. She does currently have access off of Dogwood Lane and the right-
of-way we are proposing to vacate is not used. The adjacent property owner is in favor of
this as well. We kindly ask for your approval of this right-of-way vacation. The vacation
affects parcel 765-05732-000.
Sincerely,
Nikki Littrell
Senior Project Coordinator
Blew & Associates, P.A.
PETITION TO VACATE
PETITION TO VACATE A RIGHT-OF-WAY LOCATED IN LOT 3 & WEST 11.20' OF LOT 4 BLOCK 2 OF THE
GOFF ADDITION, CITY OF FAYETTEVILLE, ARKANSAS.
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought
to be abandoned and vacated, lying in Lot 3 & West 11.20' of Lot 4 Block 2 of the Goff Addition, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as
follows:
A PORTION OF A 20' PUBLIC ALLEY, IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS
PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET
5/8" REBAR WITH CAP "AR 1659", BEING THE
SOUTHEAST CORNER OF LOT 2 OF SAID GOFF ADDITION; THENCE N04'07'16"E 35.36 FEET TO A FOUND
1/2" REBAR WITH CAP "PLS 1005", BEING THE TRUE
POINT OF BEGINNING; THENCE N83'36'05"W 12.62 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659";
THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS
OF 67.69 FEET, WITH A CHORD BEARING OF N29°44'39"W, AND A CHORD LENGTH OF 72.49 FEET TO A
SET 5/8" REBAR WITH CAP "AR 1659"; THENCE
N59°11'49"W 72.91 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE
N69'50'54"W 77.71 FEET TO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE
N19'02'12"E 20.06 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE
S69'50'54"E 79.24 FEET TO A POINT; THENCE S59'11'49"E 74.30 FEET TO A POINT; THENCE ALONG A
CURVE TO THE RIGHT, WITH A RADIUS OF 87.69
FEET, WITH A CHORD BEARING OF S33°45'59"E, AND A CHORD LENGTH OF
74.83 FEETTO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE S83°47'16"E
68.77 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE S73'59'12"E 43.87 FEET TO A FOUND
1/2" REBAR WITH CAP "PLS 1005"; THENCE
SO4'11'06"W 20.94 FEET TO A FOUND 1/2" REBAR WITH CAP "PLS 1005"; THENCE
N73°44'22"W 46.40 FEET TO A SET 5/8" REBAR WITH CAP "AR 1659"; THENCE
N83°31'09"W 67.15 FEET TO THE POINT OF BEGINNING, CONTAINING 0.156 ACRES OR 6,812 SQUARE
FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above -described
real estate, subject, however to the existing utility easements and sewer easements as required and that
the above described real estate be used for their respective benefit and purpose as now approved by
law.
The petitioners further pray that the above -described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and
sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting
property owners as provided by law, and as to that particular land the owners be free from the
easements of the public for the use of said alley.
Dated this 21 day of July 12023
Christina M. Buxton
Printed Name
Signature
Printed Name
Signature
n°m°Fxc83! oo
c�m�mAz°c��m"mAnz�xnm��$mmyvnoi y�aa$mmyyo A�z�mTnCa n$z�'~ omaoz cai5ca�S�A�7mmm° n��m ��o y 2'� cx� oameNm.m-mimngm-mi m=mmmm ,-�ng�mmmmm°^l,mnnAOmio5_mxnzczi �zmi-°mo�namoy!oczo
e_ n'
m
R1 H pmRP yo'
fAn
bm o�Oo=omo ova ��czi mzmo? cmiovm$�$'�mmgm�1 Oz�uo_n� y�mo x
mm �o°, io2 zyz y �S"ai T=mc o I� mTFao° ���-`'O"�CNzoz> yaan��" norr�om o°na8�����zTi� cziiAvc �2T�AAAAA�A A�amuZy oom�z m
n cmim��c�' i` o sz.. 000m o n m�=yz°z�mmmo�zmm�'1am AmAam ca�yyo omz-mimmmmn "oA"� °akzm az,gxxz ooc ma, m`=o°
caic°m vF may z Ymo -z'zoy Z i _osAzm °Tm �'noo--��=m= o mTby ° mc�T�nTox� zm^o ITS
x5oa�°< o o °T g'S°Ai?a�maooyioo �o oTzo�y aT�oom ay onn 8o°ozma Cz soZ °nv oTOTa 'nza nom
o'c^m mA`~ tin z oy o 0 a `2;xom a Aga cn�nTo°m c�yomm�Pm9nn "aa>?>"mood i°-nAy 0
zn; o-�y mm�gnn om "� mo°amczi czi'�Tcn, �"oxn ° n a ° a AAAAy',A yay /1
`roy`��T Oz oA na xgo in i°caiATynag�"'�T oczi�oAa ° m i �o�y�iz�z i°n���Ay��mmom�zyr�o mx�� �
om g-'-'' ,mn
�,zma@Bi sy 8yx ol,°mmu., aam im Tnizm7�yo oa om^�.i�i�^,mzma Am°°m°i Faso �o�ummm m..om ao ZnFc$
'"<o2y�o om � �� nag Z mmoczimm T'x^�ma�°x a4 000mTz �m�'a^s ,�'m�mAm Aaos��'Oo main x��mzzzzzoz���"A'O�
ma azo m� m So Am� 0 iR o;-E z—t 8zn Zmov y?adza1,z, F_afem6,-d Aoro o>TmyyyymZim9anpa'm'na ax on 0
T m'moz fn o 00 m m ?mmNo fm�i �' 7 mo �gngn ^� Y �emmgou o=zZ EQ'�&m'? 'mD,zo i°e ,o,2 Z
�mgamy as o in �z ,N°an~z�nA�ma �iH 'a m m
o7a�7iT ao
m
�ii a oz m�= °"mnm Fy> �zm Z°�T "iai..?.'o TymnAannan o-m.00 1��i8v
o° A�Fomo�vezou�i�ny �"zmomymiommme�o°�`z'm= °o"°'Q
azA�z" o" n mi $o�cai°zm"�im'ou� mom zcimi Soiu °T"i$iionmzm o�jco7'�mmmmTmpB caSzN
T y'1� �A " maoomTe�^qm zz $ zzz° �'amm 'Wo�nmmm�W Imo °aTmOnn°na�mOo�F °z Tm
m om Aom m z m A m o nonno= m
m m
nz°I
o
oa�l I
�-ml
z -�I °'a
I N
I Agxc v ,
boo zc IVo
mO m8 mo �N q•JI romma '"Z I E
T^
m
mmn m >
"'c m°
a ~o n i I°aA a$mzi yo �Qyy �`° III s i� C �V
n °c ° 7 a F i a
mN III' N►�� 2= ■A�,
Z FI µ m v oe5o
V zmi I -0 I �ao O
m
�I mm° a�Saa x Z 1
F a ,2�'YC` lay 11 mho° O
aa�a°�°a 6y2 � 1 z�
I '�°ao �' i N �
urn a� ti� AC j y
om I c e iy� I y
myomzo
H
DACE � OTO� O Y 'ti I
C TyaO y0
D
tmn OZ� Z Apn� 0 mmm<O R am j "I
c°ym °nm? z��iyo n 2 2C �� C
z na"m Rj ouFom� oz I I c g Ilj r
y�mcmn ° I
d2T 1a1 Nn0 a�OAa 2� TA � INO4°OTf6'f
an'a �O I II g 7�7
zm2 Y NUA 0 go C'�O �zr§O
yma y g°Z o7� 35.36'_ a m
omz Q �i° Zomzo r- I m"xcz an Ili l I m
zym o Nzo ~ I�olG6 I li e O
o8om
na
oz
ohm o.^'.m AmamO F I ® p0 g A m
io 0': °m`g°n N I n v I '=
m I $
�,m xm yvm mn Cm
A m
AO L�An Nm I y l= $ m m iis
n
ail ° Izl _Z
ti $
fA
z zo.e4• ----
mo memo x°c Soo'111M^w +s5.n• $ ` r' g
unvAa o° > om
mo . II
AT N NN ym A�Tmox am Oy � ��
yy AC w� gA 2�Cym z� a� Rmm8AOZ
ll O nag 2 _ m C
zm ca oo yemoa
kny m -`A Ro dwAAw
-12 F m bong
oo
m
O -
m�?� m
>
co s
m
FLETCHERAVE n MoI�N��o ���$\�';�� .J.'���uu�zu•p�•.4�p1t�'t > ��\ \\C.E•RoT•I-I.I ffi
8�z�a a€€ _-,A�, .•Z �1 i ESKLINEDR.
Z
W m to
f/f/� NO I Z�\\\\\
/lllllllll�AA
�. y = E. SK LINEDR.
Form v1.36
NWA
MeUia
A WEHCO MEDIA COMPANY
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVE[
Ad number#: 334129 OCT 10 2023
PO #:
Matter of: ord 6688
LE
CITY OF OFFICE
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper
printed and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and
h'
during the publication of the annexed legal advertisement in the matter of:
ord 6688
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.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$117.00.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 10/07/23;NWA nwaonline.com 10/07/23
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 10th day of October,2023 ' - ,����
.'���l� .s CATHERINE STAGGS
�� `.4 a'j v . MY COMMISSION#12402772
c UO/ s EXPIRES:February 28, 2025
� 7C
r. ' Washington County
At
NOTARY PUBLIC
Ordinance:6688
File Number: 2023-1096
VACATION-2023-0004: (817
E. DOGWOOD LN./BUXTON,
486):
AN ORDINANCE TO APPROVE
VAC 23-04 FOR PROPERTY LO-
CATED AT 817 EAST DOGWOOD
LANE IN WARD 1 TO VACATE A
0.16-ACRE PORTION OF 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 cor-
porate purposes;and
WHEREAS,the City Council
has determined that the follow-
ing described portion of alley RECEIVED
right-of-way is not required for
corporate purposes.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL OCT 10 2023
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville, CITY OF FAYETTEVILLE
Arkansas hereby vacates the CITY CLERK'S OFFICE
portion of alley right-of-way as
described in Exhibit B attached
to the Planning Department's
memo.
Section 2:A copy of this Ordi-
nance duly certified by the City
Clerk along with the map at-
tached as Exhibit A to the Plan-
ning Department's memo shall
be filed in the office of the
Washington County Circuit
Clerk.
Section 3:This vacation ap-
proval is subject to the following
conditions:
1.Any damage to or reloca-
tion of existing facilities will be
at the property owner/devel-
oper's expense;
2.A 20-foot access easement
shall be dedicated as shown in
the Blew and Associates survey
attached to the Planning De-
partment's memo;and
3.A new 15-foot utility ease-
ment shall be dedicated along
the north side of the subject
property as requested by
AEP/SWEPCO.
PASSED and APPROVED on
October 3,2023
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount paid:$117.00
October 7,2023 334129
vvasnington County, AR
I certify this instrument was filed on
10/16/2023 02:30:03 PM
and recorded in Real Estate
File Number 2023-00026997
Kyle Sylvester- Circuit Clerk