HomeMy WebLinkAboutOrdinance 6872113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6872
File Number: 2025-524
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 5/13/2025 12:22:32 PM
Fee Arm: $55.00 Page 1 of 9
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00012649
VACATION-2025-0011: (2828 N. MANSFIELD AVE./DRAKE FARMS, 250 - UTILITY EASEMENTS):
AN ORDINANCE TO APPROVE VAC-25-11 FOR PROPERTY LOCATED AT 2828 NORTH MANSFIELD
AVENUE IN WARD 2 TO VACATE THREE PORTIONS OF GENERAL UTILITY EASEMENTS CONTAINING
A TOTAL OF 1.11 ACRES
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 general utility easements 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 the portions of general utility
easements 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 shall not become effective until new easements are reviewed by City staff, approved by the
affected utilities, and dedicated.
Section 4: This vacation approval is subject to the following ongoing conditions
1. Any damage or relocation of any existing facilities will be at the property owner's expense.
2. Existing AT&T facilities shall not be put into a trespass condition.
Page 1
File Number: 2025-00012649 Page 1 of 9
Ordinance. 6872
File Number 2025-524
PASSED and APPROVED on May 6, 2025
Approved:
Molly Rawn, Mayor
Attest:
k
b�f
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $138.32
Page 2
File Number: 2025-00012649 Page 2 of 9
VAC-2025-0011 2828 N. MANSFIELD AVE I
VAC-2025-0011
Close up view EXHIBIT 'A'
R-A
Neighborhood Link
Residential Link
Planned Neighborhood Link
i Planning Area
_ - Fayetteville City Limits
— — — Shared -Use Paved Trail
- - - Trail (Proposed)
SS
SWITCH 1
1
1
_ 1:
1
1
R1'12
(
1
,
1
LJ I,
Subject Property
j
DRAKE ST
0 75 150
Feet
300
1:2,400
Residential -Agricultural
RI-12
=I RMF-24
Urban Thoroughfare
450 600 Community Services
P-1
File Number: 2025-00012649 Page 3 of 9
VAC-2025-0011
EXHIBITS'
Descriptions of overall property
PROPERTY DESCRIPTION TRACT 3 PER PROPERTY LINE ADJUSTMENT 024A-
00000277, AS DESCRIBED IN CORRECTION DEED 2020-00033831:
A TRACT OF LAND BEING A PART OF TRACT 2R OF A PROPERTY LINE
ADJUSTMENT RECORDED AS FILE #2019-00025522 OF THE PUBLIC RECORDS
OF WASHINGTON COUNTY, ARKANSAS AND BEING A PART OF THE WEST HALF
(W1/2) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 34, TOWNSHIP 17
NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING ATA5/8" REBAR WITH CAP LS#1021 FOUND AT THE SOUTHEAST
COMER OF SAID TRACT 2R ON THE NORTH RIGHT-OF-WAY LINE OF WEST
DRAKE STREET, FROM WHICH CORNER 1/2" REBAR WITH CAP, LS 1005,
FOUND AT THE SOUTHWEST CORNER OF THE WEST HALF (W1/2) OF THE
NORTHEAST QUARTER (NE1/4) OF SECTION 34, TOWNSHIP 17 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS BEARS NORTH 87030'08" WEST
1080.33 FEET AND SOUTH 02026'17" WEST 50.76 FEET;
THENCE ALONG THE SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING TWO
(2) COURSES:
1. NORTH 87030'08" WEST, 195.71 FEET TO A 5/8" REBAR WITH CAP LS#1021 SET
AT THE POINT OF BEGINNING;
2. NORTH 87030'08" WEST, 249.81 FEET TO A 5/8" REBAR WITH CAP LS#1021
FOUND AT THE SOUTHEAST CORNER OF TRACT 1 R OF FILE 2019-00025522;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE AND ALONG THE EAST
BOUNDARY LINE OF SAID TRACT 1 R THE FOLLOWING FOUR (4) COURSES;
1. NORTH 02034'51" EAST, 124.60 FEET TO A FOUND 5/8" REBAR WITH CAP
LS#1021;
2. NORTH 04021'25"WEST, 155.21 FEET TO A FOUND 5/8" REBAR WITH CAP
LS#1021;
3. NORTH 85038'35" EAST, 55.04 FEET TO A FOUND 5/8" REBAR WITH CAP
LS#1021;
4. NORTH 01 034'50" EAST, 186.05 FEET TO A SET 5/8" REBAR WITH CAP LS#1021;
THENCE LEAVING SAID EAST BOUNDARY LINE, SOUTH 88-25'10" EAST, 194.50
FEET TO A SET 5/8" REBAR WITH CAP LS#1021;
THENCE SOUTH 01 034'50" WEST, 253.67 FEET TO A SET 5/8" REBAR WITH CAP
LS#1021;
THENCE SOUTH 04021'25" EAST. 151.23 FEET TO A SET 5/8" REBAR WITH CAP
LS#1021;
THENCE SOUTH 02034'51" WEST, 70.62 FEET TO THE POINT OF BEGINNING AND
CONTAINING 106,551 SQUARE FEET OR 2.45 ACRES, MORE OR LESS.
File Number: 2025-00012649 Page 4 of 9
PROPERTY DESCRIPTION TRACT 4-1 PER PROPERTY LINE ADJUSTMENT 2024-
00012929, AS DESCRIBED IN SCRIVENER'S ERROR AFFIDAVIT 2024-00025757:
TRACT 4-1 OF THE PROPERTY LINE ADJUSTMENT RECORDED AS FILE 2024-
00012929 OF THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS,
AND BEING A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) OF SECTION 34, TOWNSHIP 17 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING FURTHER DESCRIBED AS:
ALL OF TRACT 4 OF THE LOT SPLIT RECORDED AS FILE 024A-00000277 AND A
PART OF TRACT 5R OF THE PROPERTY LINE ADJUSTMENT RECORDED AS FILE
2020-00026573 OF THE PUBLIC RECORDS OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER
(SW 1/4);
THENCE S02026'17"W, 1269.22 FEET;
THENCE S87030'03"E, 1080.33 FEET TO THE POINT OF BEGINNING (POB TRACT
4-1) AT THE SOUTHEAST CORNER OF SAID TRACT 4;
THENCE N87030'13"W, 195.79 FEET;
THENCE N02033'49"E, 70.67 FEET;
THENCE N04020'24"W, 151.21 FEET;
THENCE N01034'34"E, 253.75 FEET;
THENCE N88026'42"W, 194.42 FEET;
THENCE N01033'19"E, 166.26 FEET;
THENCE N88011'55"E, 9.56 FEET;
THENCE N01049'16"W, 35.00 FEET;
THENCE S88010'44"W, 7.48 FEET;
THENCE N01034'50"E, 250.17 FEET;
THENCE N01034'50"E, 2.00 FEET;
THENCE S88025'12"E, 61.09 FEET;
THENCE N77002'34"E, 53.92 FEET;
THENCE N27057'26"W, 93.47 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 59.80
FEET, SAID CURVE HAVING A RADIUS OF 116.00 FEET, AND A CHORD BEARING
AND DISTANCE OF N13-11'18"W, 59.14 FEET;
THENCE LEAVING SAID CURVE, N01034'50"E, 37.07 FEET;
THENCE S88025'10"E, 341.20 FEET;
File Number: 2025-00012649 Page 5 of 9
THENCE S01034'51"W, 791.59 FEET;
THENCE S00°20'32"W, 259.40 FEET;
THENCE S03008'15"E, 69.77 FEET TO THE POINT OF BEGINNING (POB TRACT 4-
1). CONTAINING 332,467 SQUARE FEET, 7.63 ACRES. SUBJECT TO ANY
EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD.
Descriptions of easements to be vacated
PRIVATE UTILITY EASEMENT VACATION DESCRIPTION:
AVARIABLE WIDTH PRIVATE UTITILITY EASEMENT, DEDICATED BY AN
EASEMENT PLAT RECORDED AS FILE 024A-00000283, LOCATED ON TRACT 3 OF
THE PROPERTY LINE ADJUSTMENT RECORDED AS FILE 024A-00000277 OF THE
PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS AND BEING A PART
OF THE WEST HALF (W1/2) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION
34, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING (POC) AT THE SOUTHWEST CORNER OF SAID TRACT 3;
THENCE ALONG THE WEST LINE OF SAID TRACT 3, N 02-34-51" E, 20.02 FEET TO
THE POINT OF BEGINNING (POB);
THENCE CONTINUING ALONG SAID WEST LINE THE FOLLOWING COURSES:
N 02034'51" E, 104.60 FEET;
THENCE N 04021'25" W, 155.21 FEET;
THENCE N 85038'35" E, 55.04 FEET;
THENCE N 01 034'50" E, 186.05 FEET TO THE NORTHWEST CORNER OF SAID
TRACT 3;
THENCE LEAVING SAID WEST LINE, ALONG THE NORTH LINE OF SAID TRACT 3,
S 88°25'10" E, 12.50 FEET;
THENCE LEAVING SAID NORTH LINE, S 01 034'50" W, 176.69 FEET;
THENCE N 87016'52" E, 13.75 FEET;
THENCE S 03031'41" E, 20.12 FEET;
THENCE S 85038'35" W, 69.39 FEET;
THENCE S 04021'25" E, 143.46 FEET;
THENCE S 02034'51" W, 105.34 FEET;
THENCE N 87030'08" W, 12.50 FEET TO THE POINT OF BEGINNING (POB),
CONTAINING 6,553 SQ. FT., OR 0.15 ACRES. SUBJECT TO ANY EASEMENTS,
RIGHTS OF WAY, OR COVENANTS OF RECORD.
UTILITY EASEMENT FOR WATER / SEWER / UNDERGROUND ELECTRIC &
STORM WATER DRAINAGE VACATION DESCRIPTION:
File Number: 2025-00012649 Page 6 of 9
A PART OF A VARIABLE WIDTH UTILITY EASEMENT FOR WATER / SEWER /
UNDERGROUND ELECTRIC & STORM WATER DRAINAGE, DEDICATED BY AN
EASEMENT PLAT RECORDED AS FILE 024A-00000283, LOCATED ON TRACT 3 OF
THE PROPERTY LINE ADJUSTMENT RECORDED AS FILE 024A-00000277 OF THE
PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS AND BEING A PART
OF THE WEST HALF (W1/2) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION
34, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING (POC) AT THE SOUTHEAST CORNER OF SAID TRACT 3;
THENCE ALONG THE EAST LINE OF SAID TRACT 3, NO2°33'49"E, 70.67 FEET;
THENCE CONTINUING ALONG SAID EAST LINE, N 04°20'24" W, 23.53 FEET TO
THE POINT OF BEGINNING (POB):
THENCE LEAVING SAID EAST LINE, S 85°38'35" W, 7.24 FEET;
THENCE S 02047'32" E, 28.06 FEET;
THENCE S 02°34'51" W, 45.20 FEET;
THENCE N 87030'08" W, 20.00 FEET;
THENCE N 02034'51" E, 44.02 FEET;
THENCE N 0402125" W, 17.79 FEET;
THENCE N 49021'25" W, 14.01 FEET;
THENCE N 04021'17" W, 91.94 FEET;
THENCE S 85038'43"
W, 9.50 FEET;
THENCE N 04021'17"
W, 20.00 FEET;
THENCE N 85038'43"
E, 9.50 FEET;
THENCE N 04021'17"
W, 2.33 FEET;
THENCE N 01034'50"
E, 86.83 FEET;
THENCE N 88025'10"
W, 10.50 FEET;
THENCE N 01034'50"
E, 20.00 FEET;
THENCE S 88025'10"
E, 10.50 FEET;
THENCE N 01034'50"
E, 31.71 FEET;
THENCE N 88025'10"
W, 10.50 FEET;
THENCE N 01034'50"
E, 20.00 FEET;
THENCE S 88025'10"
E, 10.50 FEET;
THENCE N 01034'50"
E, 81.02 FEET;
THENCE N 88025'10"
W, 18.20 FEET;
THENCE S 23032'39"
W, 17.79 FEET;
THENCE N 88025'10"
W, 21.50 FEET;
THENCE N 23032'39"
E, 17.79 FEET;
THENCE N 88025'10"
W, 53.65 FEET;
File Number: 2025-00012649 Page 7 of 9
THENCE S 02051'39" W, 16.50 FEET;
THENCE N 88025'10" W, 20.00 FEET;
THENCE N 02051'39" E, 16.50 FEET;
THENCE N 88025'10" W, 44.65 FEET TO THE WEST LINE OF SAID TRACT 3;
THENCE ALONG SAID WEST LINE, N 01 °34'50" E, 30.50 FEET TO THE
NORTHWEST CORNER OF SAID TRACT 3;
THENCE ALONG THE NORTH LINE OF SAID TRACT 3, S 88026'42" E, 194.42 FEET
TO THE NORTHEAST CORNER OF SAID TRACT 3;
THENCE LEAVING SAID NORTH LINE, ALONG THE EAST LINE OF SAID TRACT 3,
S 01°34'34" W, 253.75 FEET;
THENCE CONTINUING ALONG SAID EAST LINE, S 04020'24" E, 127.68 FEET TO
THE POINT OF BEGINNING (POB), CONTAINING 21,761 SQ. FT., OR 0.50 ACRES.
SUBJECT TO ANY EASEMENTS, RIGHTS OF WAY, OR COVENANTS OF RECORD.
UTILITY EASEMENT FOR WATER / SEWER / UNDERGROUND ELECTRIC &
STORM WATER DRAINAGE VACATION DESCRIPTION:
A PART OF A VARIABLE WIDTH UTILITY EASEMENT FOR WATER / SEWER /
UNDERGROUND ELECTRIC & STORM WATER DRAINAGE, DEDICATED BY AN
EASEMENT PLAT RECORDED AS FILE 024A-00000283, LOCATED ON TRACT 4-1
OF THE PROPERTY LINE ADJUSTMENT RECORDED AS FILE 2024-00012929 OF
THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS AND BEING A
PART OF THE WEST HALF (W1/2) OF THE NORTHEAST QUARTER (NE1/4) OF
SECTION 34, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC) AT THE SOUTHWEST CORNER OF SAID TRACT 4-1;
THENCE ALONG THE WEST LINE OF SAID TRACT 4-1, N02033'49"E, 70.67 FEET;
THENCE CONTINUING ALONG SAID WEST LINE, N 04°20'24" W, 23.53 FEET TO
THE POINT OF BEGINNING (POB):
THENCE CONTINUING ALONG SAID WEST LINE THE FOLLOWING COURSES:
N 04°20'24" W, 127.68 FEET;
THENCE N 01034'34"
E, 253.75 FEET;
THENCE N 88026'42"
W, 194.42 FEET;
THENCE N 01034'50"
E, 14.00 FEET;
THENCE LEAVING SAID WEST LINE, S 88*25-10" E, 142.00 FEET;
THENCE N 01034'50"
E, 20.00 FEET;
THENCE S 88025'10"
E, 16.00 FEET;
THENCE N 01034'50"
E, 94.39 FEET;
File Number: 2025-00012649 Page 8 of 9
THENCE N 88018'27"
W, 8.50 FEET;
THENCE N 01034'50"
E, 20.00 FEET;
THENCE S 88025'10"
E, 8.50 FEET;
THENCE N 01034'50"
E, 37.03 FEET;
THENCE S 88025'10"
E, 20.00 FEET:
THENCE S 01034'50"
W, 6.00 FEET;
THENCE S 88025'10"
E, 104.50 FEET;
THENCE N 01034'50"
E, 13.50 FEET;
THENCE S 88025'10"
E, 60.74 FEET;
THENCE S 01034'50"
W, 48.00 FEET;
THENCE N 88025'10"
W, 116.24 FEET;
THENCE S 01034'50"
W, 6.50 FEET;
THENCE N 88025'10"
W, 20.00 FEET;
THENCE N 01034'50"
E, 6.50 FEET;
THENCE N 88025'10"
W, 4.50 FEET;
THENCE S 01034'50"
W, 305.73 FEET;
THENCE S 88025'10"
E, 16.50 FEET;
THENCE S 01034'50"
W, 20.00 FEET;
THENCE N 88025'10"
W, 16.21 FEET;
THENCE S 00014'25"
W, 96.85 FEET;
THENCE S 03048'27"
E, 102.74 FEET;
THENCE S 85038'35"
W, 7.12 FEET TO THE POINT OF BEGINNING (POB),
CONTAINING 20,064
SQ. FT., OR 0.46 ACRES. SUBJECT TO ANY EASEMENTS,
RIGHTS -OF -WAY, OR COVENANTS OF RECORD.
Washington County, AR
I certify this instrument was filed on
5/13/2025 12:22:32 PM
and recorded in REAL ESTATE
File# 2025-00012649
Kvle Svlvester - Circuit Clerk
File Number: 2025-00012649 Page 9 of 9
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 6, 2025
CITY COUNCIL MEMO
2025-524
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
SUBJECT: VAC-2025-0011: Vacation (2828 N. MANSFIELD AVE./DRAKE FARMS, 250): Submitted
by MCCLELLAND CONSULTING ENGINEERS for property located at 2828 N.
MANSFIELD AVE. in WARD 2. The property is zoned UT, URBAN THOROUGHFARE
and contains approximately 10.08 acres. The request is to vacate three portions of
utility easements containing 0.15, 0.50, and 0.46 acres.
RECOMMENDATION:
Staff recommends approval of VAC-2025-0011 as shown in the attached Exhibits'A' and 'B' and with the
following conditions:
1. This vacation shall not become effective until new easements are reviewed, approved, and dedicated;
2. Any damage or relocation of any existing facilities will be at the property owner's expense; and
3. Existing AT&T facilities shall not be put into a trespass condition.
BACKGROUND:
The subject property is located northwest of the intersection of Gregg Avenue and Drake Street in north
Fayetteville. The majority of the site is undeveloped. In 2021, a 19,000-square-foot office structure, known as
The Pendergraft Building, was constructed near Drake Street. As part of that initial development, Mansfield
Avenue was also built northward, perpendicular from Drake Street. That work represented the first phase of a
larger project known as Drake Farms. The second phase of the project received development approval from
city staff in 2024 (LSIP-2024-0006), and building permit applications are currently under review. Phase two will
include a mixed -use development comprised of two commercial buildings, six residential buildings, and
associated parking.
Request: The applicant is requesting to vacate three portions of utility easements totaling 0.15, 0.50, and 0.46
acres.
DISCUSSION:
City staff recommends approval of the requested easement vacations. According to the applicant, the
proposed vacation will allow for the consolidation and re -dedication of easements as part of the forthcoming
easement plat for phase two of the Drake Farms project. The applicant has submitted the required written
consent forms from all affected property owners and utility providers with no objections. Conditions have been
recommended by AT&T, Cox Communications, SWEPCO, and the City of Fayetteville Water and Sewer
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Division, as outlined above.
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 #: 2025-524
VACATION-2025-0011: (2828 N. MANSFIELD AVE./DRAKE FARMS, 250 - UTILITY
EASEMENTS):
AN ORDINANCE TO APPROVE VAC-25-11 FOR PROPERTY LOCATED AT 2828 NORTH
MANSFIELD AVENUE IN WARD 2 TO VACATE THREE PORTIONS OF GENERAL UTILITY
EASEMENTS CONTAINING A TOTAL OF 1.11 ACRES
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 general utility
easements 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 the portions of
general utility easements 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 shall not become effective until new easements are reviewed by City staff,
approved by the affected utilities, and dedicated.
Section 4: This vacation approval is subject to the following ongoing conditions:
1. Any damage or relocation of any existing facilities will be at the property owner's expense.
2. Existing AT&T facilities shall not be put into a trespass condition.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2025-524
Item ID
5/6/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/18/2025 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2025-0011: Vacation (2828 N. MANSFIELD AVE./DRAKE FARMS, 250): Submitted by MCCLELLAND CONSULTING
ENGINEERS for property located at 2828 N. MANSFIELD AVE. in WARD 2. The property is zoned UT, URBAN
THOROUGHFARE and contains approximately 10.08 acres. The request is to vacate three portions of utility
easements containing 0.15, 0.50, and 0.46 acres.
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:
McCLELLAND 1580 East Stearns Street
REE�
CONSULTING Fayetteville, AR 72703
(479) 443.2377 P 1 (479) 443.9241 F
ENGINEERS, INC. mce.us.com
March 17, 2025
City of Fayetteville Planning Commission and City Council
RE: Drake Farms- Access, Utility, and Stormwater Easement Vacations
Cover Letter
Planning Commission and City Council members,
As a requirement for an Easement Plat MCE is creating for the subject properties, we are
submitting easement vacation requests to clean up the easements as they currently exist, by
vacating existing access, utility, and stormwater easements so they can be rededicated with the
forthcoming Easement Plat.
The subject properties are located along Drake Avenue in Fayetteville (APN: 765-15884-002 &
765-15884-004) at 2828 Mansfield Ave, and the subject easements were all dedicated per
Easement Plat 024A-00000283.
Please let me know if you have any questions.
Sincerely,
McClelland Consulting Engineers, Inc.
l
Nathan Crouch
Project Coordinator
mcEMcCLELLAND
CONSULTING
onwwwrymn ENGINEERS, INC.
(479) 443.2377
ncrouch(cDmce.us.com
McCLELLAND 1580 East Stearns Street
REE�
CONSULTING Fayetteville, AR 72703
(479) 443.2377 P i (479) 443.9241 F
ENGINEERS, INC. mce.us.com
April 8, 2025
PETITION TO VACATE UTILITY AND DRAINAGE EASEMENTS LOCATED AT 2828
N. MANSFIELD AVE, FAYETTEVILLE, AR, ON PARCELS 765-15884-002 AND 765-
15884-004.
To: Fayetteville City Planning Commission, and Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the utility and
drainage easements, hereinafter sought to be abandoned and vacated, lying on
parcels 765-15884-002 and 765-15884-004, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate utility and drainage easements, which are described as
follows:
(Legal Descriptions are attached)
That the abutting real estate affected by said abandonment of the utility and drainage
easements, used by the public for a period of time, and that the public interest and
welfare would not be adversely affected by the abandonment of the above -described
easements.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the
above -described utility and drainage easements, 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 request that the above -described real estate be vested in the
abutting property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully request 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 land.
Drake Farms- Utility and Drainage Easement Vacations
Sincerely,
McClelland Consulting Engineers, Inc.
Nathan Crouch, Project Coordinator
McCLELLAN®
GONSULi1NG
ENGINEERS, INC
(479) 443.2377
ncroucuamce.us.com
Page 12
XUIMNSO
mr CONS
ENGINEER4INC-
McCLELLAND 1580 East Stearns Street
REE�
CONSULTING Fayetteville, AR 72703
(479) 443.2377 P i (479) 443.9241 F
ENGINEERS, INC. mce.us.com
April 8, 2025
PETITION TO VACATE UTILITY AND DRAINAGE EASEMENTS LOCATED AT 2828
N. MANSFIELD AVE, FAYETTEVILLE, AR, ON PARCELS 765-15884-002 AND 765-
15884-004.
To: Fayetteville City Planning Commission, and Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the utility and
drainage easements, hereinafter sought to be abandoned and vacated, lying on
parcels 765-15884-002 and 765-15884-004, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate utility and drainage easements, which are described as
follows:
(Legal Descriptions are attached)
That the abutting real estate affected by said abandonment of the utility and drainage
easements, used by the public for a period of time, and that the public interest and
welfare would not be adversely affected by the abandonment of the above -described
easements.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the
above -described utility and drainage easements, 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 request that the above -described real estate be vested in the
abutting property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully request 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 land.
Drake Farms- Utility and Drainage Easement Vacations
Printed Name
Signatu
Sincerely,
McClelland Consulting Engineers, Inc.
Nathan Crouch, Project Coordinator
mcE AND ONSUL NG
coasuLrING
® ENGINEERS, INC.
(479) 443.2377
ncrouch mce.us.com
Page 12
REFMcCLELLAND
CONSULTING
am w-wrmy ENGINEERS, INC.
McCLELLAND 1580 East Stearns Street
REE�
CONSULTING Fayetteville, AR 72703
(479) 443.2377 P i (479) 443.9241 F
ENGINEERS, INC. mce.us.com
April 8, 2025
PETITION TO VACATE UTILITY AND DRAINAGE EASEMENTS LOCATED AT 2828
N. MANSFIELD AVE, FAYETTEVILLE, AR, ON PARCELS 765-15884-002 AND 765-
15884-004.
To: Fayetteville City Planning Commission, and Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the utility and
drainage easements, hereinafter sought to be abandoned and vacated, lying on
parcels 765-15884-002 and 765-15884-004, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate utility and drainage easements, which are described as
follows:
(Legal Descriptions are attached)
That the abutting real estate affected by said abandonment of the utility and drainage
easements, used by the public for a period of time, and that the public interest and
welfare would not be adversely affected by the abandonment of the above -described
easements.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the
above -described utility and drainage easements, 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 request that the above -described real estate be vested in the
abutting property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully request 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 land.
Drake Farms- Utility and Drainage Easement Vacations
4A-4A - K - Vag a4a& aA4 -1
Printed Name
Sia iature
Sincerely,
McClelland Consulting Engineers, Inc.
Nathan Crouch, Project Coordinator
CMCCLELLAND
CONSULTING
ENGINEERS, INC.
(479) 443.2377
ncrouch(@-mce.us.com
Page 12
Date
MCCLELLAND
HIECONSULTING
ammummuzu ENGINEERS, INC.
S88o 25' 10"E-12.50'
S01' 34' 50"W-176.69'
N010 34' 50"E-186.05'
N87° 16' 52"E-13.75'
ESMT VACATION
6553 SQ. FT.
0.15 AC.
N85° 38'35"E-55.04'
S85o 38' 35"W-69.39'=
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PRIVATE UTILITY / GRADING
ESMT PER 24A-283 VACATED so3� 31' 41"E-20.12'
PRIVATE UTILITYE ESMT PER 24A 283
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N04D 21' 25"W-155.21'
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-- -- -- -- -- -- - — -- — PER 24A-283 — — -
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— — EXISTING PROPERTY LINE
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
PRO]. MANAGER:
CB
DRAWN BY:
Ds
DRAKE FARMS
MCCLaLAND
CONSULTING
DATE:
REVISION:
414/25
EXHIBIT "A"
MAP
FAYETTEVILLE, ARKANSAS
ENGINEERS INC.
,
1580E STEARNS ST
SCALE:
PRO). NUMBER:
AS NOTED 241118 '
2828 MANSFIELD LLC FAYETTEVILLE, AR 72703
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S88° 26' 42"E-194.42'
NOl° 34' 50"E-30.50'-\
N88° 25' 10"W-44.65'
NO2° 51' 39"E-16.50'
N88° 25' 10"W-20.00'
PRIVATE UTILITY / GRADING
ESMT PER 24A-283
PRIVATE UTILITY ESMT PER 24A 283
E VACATED
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(77 FOOT ROW PER PLAT 0024A-00000277)
LEGEND
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SCALE 1" - 100'
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MAINTENANCE PER
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-S230 32' 39"W-17.79'
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-N880 25' 10"W-21.50'
-NO10 34' 50"E-81.02'
-S88° 25' 10"E-10.50'
-NOIO 34' 50"E-20.00'
-N880 25' 10"W-10.50'
-SO1* 34' 34"W-253.75'
-NOIO 34' 50"E-31.71'
-S881 25' 10"E-10.50' I
-NO10 34' 50"E-20.00'
cN880 25' 10"W-10.50'
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NO1° 34'50"E-86.83'1
ESMT VACATION
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0.50 AC.
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N020 33' 49"E-70.67'
765-1588a-oo2 TAX PARCEL NUMBER
2020-33831 DEED RECORD fJL'��fJ� -EASEMENT PER 24A 283 TO BE VACATEC
EXISTING PROPERTY LINE
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
PRO]. MANAGER: DRAWN BY
CB DB MCCLaLAND
DATE: REVISION: DRAKE FARMS CONSULTING
4/14/2s EXHIBIT "A" FAYETTEVILLE, ARKANSAS ENGINEERS INC.
SCALE: PROJ.NUMBER: MAP ,
1580E STEARNS ST
AS NOTED 241118 '
2828 MANSFIELD LLC FAYETTEVILLE, AR 72703
E i (479) 443-2377
1 HT P://WWW.MCE.US.COM
0 50 100
SCALE 1" = 100'
PRIVATE UTILITY / GRADING
ESMT PER 24A'283
PRIVATE UTILITY ESMT PER 24A 283
E VACATED
NOl° 34' 50"E-14.00'
SOl° 34' 50"W-6.00'
S88° 25' 10"E-20.00'
NO1° 34'50"E-37.03'
S88° 25' 10"E-8.50'
NO1° 34'50"E-20.00'
ESMT VACATION
20064 SQ. FT.-
0.46 AC.
N88° 18' 27"W-8.50'
NOl° 34' 50"E-94.39'
S88° 25' 10"E-16.00'
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EIGHBORHOOD 22 FOOT
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(77 FOOT ROW PER PLAT 0024A-00000277)
LEGEND
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EXISTING PROPERTY LINE
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
N CB Ds MCCLELLAND
O E: REVISION: DRAKE FARMS CONSULTING
4/14/25 EXHIBIT "A" FAYETTEVILLE, ARKANSAS -ENGINEERS INC.
N SCALE: PRO). NUMBER: MAP ,
3 AS NOTED 241118 1580 E. STEARNS ST.
# DRAKE PHASE I LLC FAYETTEVILLE, AR 72703
F u _ 1 (479) 443-2377
Form v1.55
NV
I0 DECEIVE
D N05/12/2025
medza C TY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 506861
PO#:
Matter of: ORD 6872
AFFIDAVIT•STATE OF ARKANSAS
I. Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENI'ON 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 6872
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$138.32.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 05/11/25;NWA nwaonline.com 05/11/25
Legal Cle
g _
State of ARKANSAS,County of Sebastian • �• y "
.o
Subscribed and sworn to before me on this 12th day of May, 2025 = ��,C,
N ARY PUBLIC
Ordinance:6872
File Number: 2025-524
VACATION-2025-0011:(2828
N. MANSFIELD AVEJDRAKE
FARMS, 250 - UTILITY EASE-
MENTS:
AN ORDINANCE TO APPROVE
VAC-25-11 FOR PROPERTY LO-
CATED AT 2828 NORTH MANS-
FIELD AVENUE IN WARD 2 TO
VACATE THREE PORTIONS OF
GENERAL UTILITY EASEMENTS
CONTAINING A TOTAL OF 1.11
ACRES
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 portions of gen-
eral utility easements are 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
Council of the City of Fayet-
teville,Arkansas hereby vacates
the portions of general utility
easements as described in Ex-
hibit B attached to the Planning
Department's memo.
Section 2:A copy of this Or-
dinance 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 shall
not become effective until new
easements are reviewed by City
staff,approved by the affected
utilities,and dedicated.
Section 4:This vacation ap-
proval is subject to the following
ongoing conditions:
1.Any damage or relocation
of any existing facilities will be
at the property owner's ex-
pense.
2. Existing AT&T facilities
shall not be put into a trespass
condition.
PASSED and APPROVED on
May 6,2025
Approved:
Molly Rawn,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:S138.32
May 11,2025 506861
