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Home My WebLink AboutOrdinance 6834 OF GAYEr, FL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 021983110003 Type: REL Kind: ORDINANCE Recorded: 02/27/2025 at 08:50'23 AM 40kAws`s Fee Amt: $25.00 Page 1 of 3 • Washington County, AR 113 West Mountain Street Kyle Sylvester Circuit Clerk Fayetteville, AR 72701 File2025_00004684 (479) 575-8323 Ordinance: 6834 File Number: 2024-1113 VACATION-2024-0017: (1006 N.MARVIN AVE/MCEVER LAUNDRY,440): AN ORDINANCE TO APPROVE VAC-24-17 FOR PROPERTY LOCATED AT 1006 NORTH MARVIN AVENUE IN WARD 4 TO VACATE 0.26 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. 2. A 10 foot wide water/sewer easement adjacent to the southern property must be obtained. PASSED and APPROVED on January 21,2025 ��111111///// . ` RK rRFi,, Approved: Attest: �G�,F;• '• •.qt9• m E-SIGNED by Molly A. Rawn E-SIGNED by Kara Paxton _ : FAYETTEVILLE: on 2025-01-22 17:08:20 GMT on 2025-01-22 17:30:00 GMT • �'•q `a.' • 9d,'RKANS.* Molly A. Rawn, Mayor Kara Paxton,City Clerk Treasurer /� yj ••• Q �� /�ill I I ��```` This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 123.12 Page 1 VAC-2024-0017 Close Up View 1006 N . MARVI N AVE VAC-2024-0017 EXHIBIT'A' "'Mom o'c 411 O 00 i a w 1 OAil a / ' _ / I tq / — — — — — — — — — — — — — — — —I— — — — — — — — — — — — — — — — — — — — — — I — — ——————-0_- WEDINGTON�DR I 2� ----------- -�-- - - C-i ! Subject Property - 1 ` I I I 1 � .\ C-2 �\ R-O Neighborhood Link Regional Link - High Activity — Unclassified — Residential Link �— -� Planning Area Fayetteville City Limits Shared -Use Paved Trail — — Trail (Proposed) Design Overlay District IO O H H W m AI 1 1 I I MARVIN-AVE RMF-24 Feet 0 75 150 300 450 600 1:2,400 2 O NORTH RMF-24 Residential -Office Mll C-1 C-2 Commercial, Industrial, Residential VAC-2024-0017 EXHIBIT 'B' DESCRIPTION UTILITY AND ACCESS EASEMENT AREA TO REMAIN: PART OF TRACT 2 AS SHOWN ON LOT SPLIT AND EASEMENT PLAT FILED FOR RECORD WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE AS FILE NUMBER 023A-00000366 ALL SITUATED IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF A TRACT SPLIT PERFORMED BY G. ALAN REID (PLS 1005) AND FILED FOR RECORD IN PLAT BOOK 2004 AT PAGE 0003005 WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE SAID SOUTHWEST CORNER ALSO BEING THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE NORTH 86°20'25" WEST ALONG THE SOUTH LINE THEREOF DISTANCE OF 199.96 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 2; THENCE NORTH 02007'00" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 10.00 FEET, THENCE SOUTH 86°20'25" EAST DEPARTING SAID WEST LINE A DISTANCE OF 188.46 FEET, THENCE NORTH 11°04'26" WEST DISTANCE OF 15.51 FEET, THENCE SOUTH 86°20'25" EAST A DISTANCE OF 15.10 FEET TO THE EAST LINE OF SAID TRACT 2; THENCE SOUTH 02'16'01" WESTALONG SAID EAST LINE A DISTANCE OF 25.01 FEET TO THE POINT OF BEGINNING. CONTAINING 2,199 SQUARE FEET OR 0.05 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD AND FACT IF ANY. DESCRIPTION UTILITY AND ACCESS EASEMENT AREA TO BE VACATED: PART OF TRACT 2 AS SHOWN ON LOT SPLIT AND EASEMENT PLAT FILED FOR RECORD WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE AS FILE NUMBER 023A-00000366 ALL SITUATED IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF A TRACT SPLIT PERFORMED BY G. ALAN REID (PLS 1005) AND FILED FOR RECORD IN PLAT BOOK 2004 AT PAGE 0003005 WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE SAID SOUTHWEST CORNER ALSO BEING THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE NORTH 86020'25" WEST ALONG THE SOUTH LINE THEREOF DISTANCE OF 9.13 FEET, THENCE NORTH 11004-26" WEST DEPARTING SAID SOUTH LINE A DISTANCE OF 10.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 86020'25" WEST A DISTANCE OF 188.46 FEET TO THE WEST LINE OF SAID TRACT 2; THENCE NORTH 02°07'00" EAST ALONG SAID WEST LINE A DISTANCE OF 15.01 FEET, THENCE SOUTH 86020'25" EAST DEPARTING SAID WEST LINE A DISTANCE OF 184.92 FEET, THENCE SOUTH 11 004'26" EAST A DISTANCE OF 15.51 FEET TO THE POINT OF BEGINNING. CONTAINING 2,801 SQUARE FEET OR 0.06 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD AND FACT IF ANY. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 21, 2025 CITY COUNCIL MEMO 2024-1113 TO: Mayor Rawn and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: VAC-2024-0017: Vacation (1006 N. MARVIN AVE/ MCEVER LAUNDRY, 440): Submitted by ODYSSEY ENGINEERING for property located at 1006 N. MARVIN AVE. in WARD 4. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.26 acres. The request is to vacate 0.06 acres of a utility easement. RECOMMENDATION: Staff recommends approval of VAC-2024-0017 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 10' water/sewer easement adjacent to the southern property line shall be retained. BACKGROUND: The subject property is in west Fayetteville, roughly'/4 mile west of the 1-49 and W. Wedington Dr. interchange. The site is currently developed with a carwash which is now vacant, and no protected streams or FEMA floodplain are present. The property is part of the Wedington Corridor Master Plan area, as well as the 1-49 Sign Overlay district. While development permits have not yet been submitted, variances to cross access requirements and street narrowing were approved by Planning Commission on December 9, 2024. Request: The applicant proposes to vacate 0.06 acres of a utility easement on the property. This easement vacation is required in order to move forward with a design for a proposed Laundromat. DISCUSSION: City of Fayetteville staff recommends in favor of the requested easement vacation. The applicant submitted all the necessary approvals without objections, but with the conditions as outlined above. Any new easement necessary to meet said conditions of approval will be dedicated through an associated easement deed, which has been provided to staff but not yet recorded. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate, Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Survey Vacation Area (#8), Survey Dedication Area (#9) 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 #: 2024-1113 VAC-2024-0017: Vacation (1006 N. MARVIN AVE/ MCEVER LAUNDRY, 440): Submitted by ODYSSEY ENGINEERING for property located at 1006 N. MARVIN AVE. in WARD 4. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.26 acres. The request is to vacate 0.06 acres of a utility easement. AN ORDINANCE TO APPROVE VAC-24-17 FOR PROPERTY LOCATED AT 1006 NORTH MARVIN AVENUE IN WARD 4 TO VACATE 0.26 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. 2. A 10 foot wide water/sewer easement adjacent to the southern property must be obtained. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-1113 Item ID 1/21/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/3/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2024-0017: Vacation (1006 N. MARVIN AVE/ MCEVER LAUNDRY, 440): Submitted by ODYSSEY ENGINEERING for property located at 1006 N. MARVIN AVE. in WARD 4. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.26 acres. The request is to vacate 0.06 acres of a utility easement. Account Number Project Number Budgeted Item? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Fund Project Title $ V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: DESCRIPTION 10' UTILITY EASEMENT: PART OF ATRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED FILED FOR RECORD WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE AS FILE NUMBER 2023-00014543, SAID TRACT BEING PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST ALL SITUATED IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF A TRACT SPLIT PERFORMED BY G. ALAN REID (PLS 1005) AND FILED FOR RECORD IN PLAT BOOK 2004 AT PAGE 0003005 WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE; THENCE SOUTH 02°16'01"WEST A DISTANCE OF 10.00 FEET, THENCE NORTH 86020'25" WESTA DISTANCE OF 199.93 FEET TO THE WEST LINE OF SAID TRACT, THENCE NORTH 02007'00" EASTALONG SAID WEST LINE A DISTANCE OF 10.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT, THENCE SOUTH 86°20'25" EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 199.96 FEET TO THE POINT OF BEGINNING. CONTAINING 1,999 SQUARE FEET OR 0.05ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD AND FACT IF ANY. Matthew McEver 3413 E Galaxy Cir. Fayetteville, AR 72701 August 14th, 2024 City of Fayetteville Planning Commission/City Council 125 West Mountain Street Fayetteville, AR 72701 RE: 1006 N Marvin Ave. Easement Vacation Request Dear Planning Commission and City Council, Please accept this written request proposing to vacate a portion of the existing water/sewer utility easement established per 93-50472 and 03-47258. Attached are an easement exhibit and easement description showing the portion of the water/sewer utility easement to be vacated. The portion of the easement we are requesting to vacate does not currently contain any utilities and written approval from City of Fayetteville Water Department has been provided with feedback. This is being done to facilitate the construction of our new proposed laundromat at 1006 N Marvin Ave. The existing utility easement prevents this project from moving forward and further developing a lot in what is now a vacant car wash. If you should have any questions or concerns, please do not hesitate to contact me. We appreciate your consideration and support for this project. Sincerely, Matt McEver Matt McEver 479-200-5703 mattmcever3@gmail.com PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN 7-16-30 FAYETTEVILLE OUTLOTS , CITY OF FAYETTEVILLE, ARKANSAS, 1006 N Marvin Ave. Fayetteville, AR 72704/ Washington County Parcel ID 765-13741-010 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 7-16-30 FAYETTEVILLE OUTLOTS, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: PART OF TRACT 2 AS SHOWN ON LOT SPLIT AND EASEMENT PLAT FILED FOR RECORD WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE AS FILE NUMBER 023A-00000366 ALL SITUATED IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF A TRACT SPLIT PERFORMED BY G. ALAN REID (PLS 1005) AND FILED FOR RECORD IN PLAT BOOK 2004 AT PAGE 0003005 WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE SAID SOUTHWEST CORNER ALSO BEING THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE NORTH 86°20'25" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 9.13 FEET; THENCE NORTH 11 e04'26" WEST DEPARTING SAID SOUTH LINE A DISTANCE OF 10.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 86°20'25" WEST A DISTANCE OF 188.46 FEET TO THE WEST LINE OF SAID TRACT 2; THENCE NORTH 02°07'00" EAST ALONG SAID WEST LINE A DISTANCE OF 15.01 FEET; THENCE SOUTH 86°20'25" EAST DEPARTING SAID WEST LINE A DISTANCE OF 184.92 FEET; THENCE SOUTH 11'04'26" EAST A DISTANCE OF 15.51 FEET TO THE POINT OF BEGINNING. CONTAINING 2,801 SQUARE FEET OR 0.06 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD AND FACT IF ANY. That the abutting real estate affected by said abandonment of the alley are 7-16-30 Fayetteville Outlots City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. 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 31st day of December, 2024. 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Zz C — D z O y Cb �++ (n O C7 rr^ t7i W (mil r:�p-0 J o y �-joZ> I-` Q o� oU) ��mnmm 0.7 N m ;o D .. r 0')W co 0 DD�AmN C7 _TI Cn C] L o W .Zl ' m D - VJ /A CCD ") N S II Ul W .T1r�A 3 n F O cn `o o z m NOD6 Ct) CD W O. W _6 D N 3 E3 N m m (n• W Z � oo � � ; � N C� O cn D Z ON A O � 0 �� L Z7 o W A m a. i - 100(..Y�RIZIf 11111 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS THAT the AVE APTS FAYETTEVILLE, LLC, an Arkansas limited liability company hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation„ hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2022-41221) A PART OF THE NE1/4 OF THE SW1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" REBAR MARKING THE SOUTHWEST CORNER OF A TRACT SPLIT PERFORMED BY G. ALAN REID (PLS 1005) AND FILED FOR RECORD IN PLAT BOOK 2004 AT PAGE 0003005 IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE ALONG THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN WARRANTY DEED DOCUMENT #93-47258 N86°26'07"W A DISTANCE OF 199.96 FEET TO A 1/2" REBAR ON THE EAST RIGHT-OF-WAY OF MARVIN AVENUE PER PLAT BOOK MAT PAGE 864; THENCE ALONG SAID RIGHT-OF-WAY NO2°05'33"E A DISTANCE OF 60.17 FEET TO A 5/8" REBAR WITH CAP (LS 1616); THENCE LEAVING SAID RIGHT-OF-WAY S85°23'19"E A DISTANCE OF 200.12 FEET TO A 5/8" REBAR WITH CAP (LS 1616) AT THE WEST LINE OF SAID TRACT SPLIT; THENCE ALONG SAID WEST LINE S02°07'14"W A DISTANCE OF 56.52 FEET TO THE POINT OF BEGINNING, CONTAINING 11,664 SQUARE FEET OR 0.30 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RIGHT-OF-WAYS, AND PROTECTIVE COVENANTS OF RECORD, IF ANY. SUBJECT TO ALL PRIOR MINERAL RESERVATIONS AND OIL AND GAS LEASES, IF ANY PERMANENT EASEMENT DESCRIPTION PART OF A TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED FILED FOR RECORD WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE AS FILE NUMBER 2023-00014543, SAID TRACT BEING PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST ALL SITUATED IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF A TRACT SPLIT PERFORMED BY G. ALAN REID (PLS 1005) AND FILED FOR RECORD IN PLAT BOOK 2004 AT PAGE 0003005 WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE; THENCE SOUTH 86°20'25" EAST ALONG THE NORTH LINE OF SAID TRACT AS DESCRIBED IN SPECIAL WARRANTY DEED FILED FOR RECORD WITH THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE AS FILE NUMBER 2023-00014543 A DISTANCE OF 20.00 FEET; THENCE SOUTH 02°16'01" WEST DEPARTING SAID NORTH LINE A DISTANCE OF 10.00 FEET; THENCE NORTH 86°20'25" WEST A DISTANCE OF 219.93 FEET TO THE WEST LINE OF SAID TRACT; THENCE NORTH 02°07'00" EAST ALONG SAID WEST LINE A DISTANCE OF 10.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE SOUTH 86°20'25" EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 199.96 FEET TO THE POINT OF BEGINNING. CONTAINING 2,199 SQUARE FEET OR 0.05 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD AND FACT IF ANY. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said easement. Driveways and parking lots will not be considered permanent structures. WATER/SEWER EASEMENT Page 2 The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct pipe lines and/or make repairs to lines within the above described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 8th day of December , 2024. AVE APTS FAYETTEVILLE, LLC an Arkansas limited liability company By: Lee Fjord, Manager of AVE APTS FAYETTEVILLE, LLC, an Arkansas limited liability company ACKNOWLEDGMENT STATE OF Florida ) ss. COUNTY OF Lee BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lee Fjord, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that he is the Manager of AVE APTS FAYETTEVILLE, LLC, an Arkansas limited liability company and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. , who appeared by means of online notarization and produced Drivers License as identification. WITNESS my hand and seal on this Rth day of nPrPnnnhPr 12024 MY COMMISSION EXPIRES: Cor—. Exr-es-am- '-- -.. Autunut rn-ert Notary Public Autumn Thornton Form r1.54 t'sl\1V4\ ECEIVE nted Jan. 27,2025 za C 'Y CP =AYETTEVILLE CITY CLERK'S CFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 476045 PO #: Matter of: Ord.No. 6834 AFFIDAVIT•STATE OF ARKANSAS 1 Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county.State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: Ord.No.6834 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$123.12. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 01/26/25;NWA nwaonline.com 01/26/25 72/11a2 /01 4,-, B7gs !, Legal Clerlt' w, __ ti State of ARKANSAS,County of Sebastian •C�T,'r^,y ., Subscribed and sworn to before me on this 27th day of January, 2025 = " 2 0UBL\\C ^o: N ARY PUBLIC Ordinance:6834 File Number: 2024-1113 VACATION-2024-0017:(1006 N.MARVIN AVE/MCEVER LAUN- DRY,440): AN ORDINANCE TO APPROVE VAC-24-17 FOR PROPERTY LO- CATED AT 1006 NORTH MARVIN AVENUE IN WARD 4 TO VACATE 0.26 ACRES OF UTILITY EASE- MENT 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 FAYEr I[VILLE, 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 8 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 10 toot wide water/sewer easement adjacent to the south- ern property must oe obtained. PASSED and APPROVED on January 21,2025 Approved: Molly A.Rawn,Mayor Attest: Kara Paxton,City Clerk Treas- urer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$123.12 January 26,2025 476045 Washington County,AR I certify this instrument was filed on 02/27/2025 08:50:23 AM and recorded in Real Estate File Number 2025-00004684 Kyle Sylvester- Circuit Clerk by , ��,