HomeMy WebLinkAboutOrdinance 6822OF F AY E rTE
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6822
File Number: 2024-760
Doc ID: 021896080003 Type: REL
Kind: ORDINANCE
Recorded: 12/18/2024 at 11:34:01 AM
Fee Amt: $25.00 Pape i of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2024-00033049
VACATION-2024-0025: (639 W. MARTIN LUTHER KING JR BLVD./UNIVERSITY OF ARKANSAS, 522):
AN ORDINANCE TO APPROVE VAC-24-25 FOR PROPERTY LOCATED AT 639 WEST MARTIN LUTHER
KING JR BOULEVARD IN WARD 1 TO VACATE 0.08 ACRES OF 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 portion of utility easement 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 utility easement 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; and
2. This vacation will take effect after the building served by the existing fire hydrant has been demolished.
PASSED and APPROVED on December 4, 2024
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Approv Attest: •��,G��Y CF' �� ,�'.
�.a• � rV,l_I_
nel ordan, Ma Kara Paxton, City . erk Treasurer
vs
This public o was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkans Ohn 110.
Amount Pai . $ 12,1 • U �3
Page 1
VAC-2024-0025 639 W MARTIN LUTHER KING
Close Up View J R B LV D
PRAXIS i-
Regional Link - High Activity
— Urban Center
Residential Link
Planning Area
Fayetteville City Limits
— — — Shared -Use Paved Trail
Design Overlay District
Subject Property
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NORTH
1-1 Heavy Commercial and Light Industrial
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Main Street Center
Downtown General
210 280 = Commercial, Industrial, Residential
VAC-2024-0025
EXHIBIT `B'
Easement Vacant Legal Description:
Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16, all in Township 16
North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly
described as follows: Commencing at the aforesaid Northwest corner of the NE1/4 NW1/4 of section 21;
Thence S 64°05'15" E, a distance of 507.77 feet to the intersection of the East right of way line of Hill
Avenue and the Northerly right of way line of the Santa Fe Pacific Corporation c/o Burlington Northern
Santa Fe Railroad; Thence N 02°40'45" E along said East right of way line of Hill Avenue, a distance of
114.72 feet; Thence N 01°43'05" E along said East right of way line of Hill Avenue, a distance of 44.24
feet to a filed waterline easement filed at instrument #2021-00031336; Thence along said easement and
continuing N 01°43'05" E along said East right of way line of Hill Avenue, a distance of 15.21 feet; Thence
N 82°12'22" E, a distance of 270.50 feet; Thence N 39°25'04" E, a distance of 22.37 feet; Thence N
51°6'49"W, a distance of 7.43 feet to the Point of Beginning, Thence continue N 51°56'49"W, 25.46 feet;
Thence N 07°57'14" W, a distance of 33.02 feet; Thence N 53°19'48" W, a distance of 36.23 feet; Thence
N 02°59'14" E, a distance of 131.40 feet; Thence N 43°08'25" E, a distance of 43.81 feet; Thence S
46°51'35" E, a distance of 15.00 feet; Thence S 43°08'25" W, a distance of 38.33 feet; Thence S
02°59'14" W, a distance of 117.88 feet; Thence S 53°19'48" E, a distance of 34.47 feet; Thence S
07°57'14" E, a distance of 33.23 feet; Thence S 51°56'49" E, a distance of 19.40 feet; Thence S 38°03'10"
W, 15.00 feet to the Point of Beginning, containing 0.08 of an acre more or less.
Washington County, AR
I certify this instrument was filed on
12/18/2024 11:34:01 AM
and recorded in Real Estate
File Number 2024-00033049
Kyle Sylvester - Circuit Clerk
by ^-
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 4, 2024
CITY COUNCIL MEMO
2024-760
TO: Mayor Jordan and City Council
THRU: Jessica Masters, Development Review Manager
Jonathan Curth, Development Services Director
Susan Norton, Chief of Staff
FROM: Wesley Frank, Planner
SUBJECT: VAC-2024-0025: Vacation (639 W. MARTIN LUTHER KING JR BLVD/UNIVERSITY OF
ARKANSAS, 522): Submitted by DEVELOPMENT CONSULTANTS INC for property
located at 639 W. MARTIN LUTHER KING JR BLVD in WARD 1. The property is zoned
1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.08
acres. The request is to vacate 0.08 acres of utility easement.
RECOMMENDATION:
Staff recommends approval of this item 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, and
2. This vacation will not take effect until after the building served by the existing fire hydrant has been
demolished.
BACKGROUND:
The subject property is located in central Fayetteville, on the south side of W. Martin Luther King Jr. Blvd.
between Hill and Lt. Col. Leroy Pond Avenues to the west and east respectively. The property is owned by the
University of Arkansas, and is developed with several existing, new, and under construction structures
associated with the University's arts district. The property is zoned 1-1, Heavy Commercial and Light Industrial,
and is not part of an overlay.
Request: The applicant has applied to vacate 0.08 of utility easement which bisect this property.
DISCUSSION:
City staff recommend in favor of the requested easement vacation, with the conditions listed above. The
applicant has submitted all necessary approvals with no objections.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), 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 #: 2024-760
VAC-2024-0025: Vacation (639 W. MARTIN LUTHER KING JR BLVD/UNIVERSITY OF
ARKANSAS, 522): Submitted by DEVELOPMENT CONSULTANTS INC for property located
at 639 W. MARTIN LUTHER KING JR BLVD in WARD 1. The property is zoned I-1, HEAVY
COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.08 acres. The request is
to vacate 0.08 acres of utility easement.
AN ORDINANCE TO APPROVE VAC-24-25 FOR PROPERTY LOCATED AT 639 WEST MARTIN
LUTHER KING JR BOULEVARD IN WARD 1 TO VACATE 0.08 ACRES OF 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 portion of utility easement 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
utility easement 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; and
2. This vacation will take effect after the building served by the existing fire hydrant has been
demolished.
Page 1
City of Fayetteville Staff Review Form
2024-760
Legistar File ID
12/4/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Jonathan Curth 11/19/2024 Development Services
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2024-0025: Vacation (639 W. MARTIN LUTHER KING JR BLVD/UNIVERSITY OF ARKANSAS, 522): Submitted by
DEVELOPMENT CONSULTANTS INC for property located at 639 W. MARTIN LUTHER KING JR BLVD in WARD 1. The
property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.08 acres. The
request is to vacate a utility easement.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance $ -
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
Written request and narrative to accompany petition packet for the
WATERLINE EASMENT VACATION at 639 W. MLK JR BLVD, City of Fayetteville, Arkansas.
To: The Fayetteville City Planning Commission
On behalf of the landowners, I am petitioning the Fayetteville City Planning Commission to accept the waterline
easement vacation of the waterline easement located at 639 W. MLK JR BLVD, parcel number 765-13012-000, in the
City of Fayetteville, Arkansas.
This property is currently the University of Arkansas School of Art Annex and will be the future home of the
University of Arkansas Windgate Galleries.
By accepting this waterline easement vacation request, the current owners would benefit, and no other landowner
would be adversely affected.
The public interest and welfare would not be adversely affected by accepting this waterline easement vacation request.
Chase Henrichs, PE, Development Consultants, Inc.
PETITION TO VACATE PART OF A WATER EASEMENT LOCATED IN PART OF THE NE 1/4 NW
'/4 OF SECTION 21, AND PART OF THE SE 1/4 SW 1/4 , SECTION 16, ALL IN TOWNSHIP 16
NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
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 part of the NE'/4 NW'/4 ,
Section 21, and part of the SE 1/4 SW 1/4 , all in Township 16 North, Range 30 West to the
City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement
which is described as follows:
Waterline Easement Vacation Description
Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16, all in Township 16 North,
Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the aforesaid Northwest corner of the NE1/4 NW1/4 of section 21; Thence S 64°05'15"
E, a distance of 507.77 feet to the intersection of the East right of way line of Hill Avenue and the
Northerly right of way line of the Santa Fe Pacific Corporation c/o Burlington Northern Santa Fe
Railroad; Thence N 02040'45" E along said East right of way line of Hill Avenue, a distance of 114.72 feet;
Thence N 01143'05" E along said East right of way line of Hill Avenue, a distance of 44.24 feet to a filed
waterline easement filed at instrument #2021-00031336; Thence along said easement and continuing N
01°43'05" E along said East right of way line of Hill Avenue, a distance of 15.21 feet; Thence N 82°12'22"
E, a distance of 270.50 feet; Thence N 39°25'04" E, a distance of 22.37 feet; Thence N 51 °°6'49"W, a
distance of 7.43 feet to the Point of Beginning, Thence continue N 51056'49"W, 25.46 feet; Thence N
07°57'14" W, a distance of 33.02 feet; Thence N 53*19'48" W, a distance of 36.23 feet; Thence N
02059'14" E, a distance of 131.40 feet; Thence N 43°08'25" E, a distance of 43.81 feet; Thence S 46051'35"
E, a distance of 15.00 feet; Thence S 43008'25" W, a distance of 38.33 feet; Thence S 02059'14" W, a
distance of 117.88 feet; Thence S 53019'48" E, a distance of 34.47 feet; Thence S 07057'14" E, a distance
of 33.23 feet; Thence S 51056'49" E, a distance of 40.32 feet; Thence S 38003'10" W, 15.00 feet to the
Point of Beginning, containing 0.08 of an acre more or less.
That the abutting real estate affected by said abandonment of the water easement are
parcels 765-13012-000, 765-13007-000, and 765-13008-000 all belonging to the
University of Arkansas.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
above -described real estate, subject, however, to the existing water 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 water 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 water.
Dated this day of
, 2024.
Printed Name���•-
Signature-�
Printed Name
Signature
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Form v1.54
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number #: 463835
PO #:
Matter of. Ord. 6822
AFFIDAVIT • STATE OFARKANSAS
RECEIVED
DEC 0 9 2024
CITY OF FAYETIEVILLE
CITY CLERK'S OFFICE
Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily
newspaper printed and published in WASHINGTONBENTON county, State ofARKANSAS; that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
Ord. 6822
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 $127.68.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 12108124; NWA nwaonline.com 12108124
Legal Clerk
State ofARKANSAS, County of Sebastian
Subscribed and sworn to before me on this 9th day of December, 2024
. RA.
O•.�r�v22.2G3�
�. PUBO o'Z_;
' v �O
TARY PUBLIC
Ordinance: 6822
File Number: 2024-760
VACATION-2024-0026: (639
W. MARTIN LUTHER KING JR
BLVD./UNIVERSITY OF
ARKANSAS, 522):
AN ORDINANCE TO APPROVE
VAC-24-25 FOR PROPERTY LO-
CATED AT 639 WEST MARTIN
LUTHER KING JR BOULEVARD IN
WARD 1 TO VACATE 0.08 ACRES
OF 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 cor-
porate purposes; and
WHEREAS, the City Council
has determined that the follow-
ing described portion of utility
easement is not required for
corporate purposes.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby vacates the
portion of utility easement 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; and
2. This vacation will take ef-
fect after the building served by
the existing fire hydrant has
been demolished.
PASSED and APPROVED on
December 4, 2024
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: $ 127.68
December 8, 2024 463835
