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HomeMy WebLinkAboutOrdinance 6875113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6875 File Number: 2025-528 Type: REAL ESTATE Kind: ORDINANCE Recorded: 6/3/2025 9: 13:46 AM Fee Amt: $65.00 Page 1 of 11 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00014796 VACATION-2025-0004: (191 S. HILL AVE./VERVE, 522 - UTILITY EASEMENT): AN ORDINANCE TO APPROVE VAC-25-04 FOR PROPERTY LOCATED AT 191 SOUTH HILL AVENUE IN WARD 2 TO VACATE 0.24 ACRES OF GENERAL UTILITY EASEMENTS 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 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 portion of 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 approval is subject to the following ongoing conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. Any easements required to serve the associated development shall be dedicated with the easement plat. PASSED and APPROVED on May 20, 2025 Approved: Molly Rawn, Mayor Attest: S.a Sve Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $124.64 Page 1 File Number: 2025-00014796 Page 1 of 11 VAC-2025-0004 191 S HILL AVE VAC-202"004 EXHIBIT 'A' Close Up View ,RMF-24 iz Q O4�c°4A Oak Ridge 1Q ___ __ - TII = __-- ___ CENTER ST --- Subject Property TREADWEL G J 2 a J S 2 7 G �Msc==z=c=== DG j Q NC H y K LU PUTMAN ST N t0 n � J J J J a a ■ r-r LL ,,r it R-0 RMF-40 P L - a - STONE NORTH ST STONE ST Nsighbtthood Link RSF-4 r_ Urban Center RI-U — Nley -j—'�-'. RMF-24 RMF-40 — Residenhal Link 7 Planning Area Feet Residential-ORim r !Main Fayetteville City Limits Street Center 0 75 150 300 450 600 = Downtown General --- Shared -use Paved Trail I ---I 1 :2,400 Neighborhood Conservation _ - Design Overlay District P-1 File Number: 2025-00014796 Page 2 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04808-000 98 DUNCAN LLC EASEMENT VACATION PROPERTY DESCRIPTION PER WARRANTY DEED 2020-00031155: THE WEST 81.48 FEET OF LOT 7, AND THE WEST 81.48 FEET OF THE SOUTH 25 FEET OF LOT 8, IN BLOCK 5, DUNCAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. SUBJECT TO A PERPETUAL EASEMENT FOR WATER LINES, SEWER LINES, AND GAS LINES ACROSS SAID LOTS AS MENTIONED IN DEED EASEMENT DESCRIPTION PER WARRANTY DEED 378-620: THE WEST 81.48 FEET OF LOT NINE (9), AND THE WEST 81.48 FEET OF THE NORTH 25 FEET OF LOT EIGHT (8), OF BLOCK 5 OF DUNCAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, ACCORDING TO THE RECORDED PLAT OF SAID ADDITION TO SAID CITY FILED AND OF RECORD IN THE OFFICE OF CIRCUIT CLERK, EX OFFICIO RECORDER OF SAID COUNTY. ALSO A PERPETUAL EASEMENT FOR WATERLINES, SEWER LINES, AND GAS LINES ACROSS THE WEST 81.48 FEET OF LOTSEVEN (7), AND THE SOUTH HALF OF LOT EIGHT (8) OF SAID BLOCK FIVE (5) OF DUNCAN'S ADDITION TO SAID CITY, AS WATER LINES, SEWER LINES AND GAS LINES ARE NOW THEREON. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. File Number: 2025-00014796 Page 3 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04809-000 BRAWNER REAL ESTATE LLC EASEMENT VACATION, DOCUMENT 881-620 PROPERTY DESCRIPTION PER WARRANTY DEED 2024-00002146: THE WEST 81.48 FEET OF LOT NINE (9) AND THE WEST 81.48 FEET OF THE NORTH 25 FEET OF LOT EIGHT (8) IN BLOCK FIVE (5) OF DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ACCORDING TO THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. EASEMENT VACATION DESCRIPTION: A VARIABLE WIDTH VACATION OF A 10' UTILITY EASEMENT PER DOCUMENT 881-620 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC ESMT VAC) AT THE SOUTHWEST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION; THENCE ALONG THE WEST LINE OF SAID BLOCK 5, N 02-31'37" E - 84.55 FEET; THENCE CONTINUING ALONG SAID WEST LINE, N 02°31'37" E - 69.25 FEET TO THE POINT OF BEGINNING (POB ESMT VAC); THENCE CONTINUING ALONG SAID WEST LINE, N 02°31'37" E - 5.00 FEET; THENCE LEAVING SAID WEST LINE, S 87°08'09" E - 85.41 FEET; THENCE S 02031'36" W - 5.00 FEET; THENCE N 87°08'09" W - 85.41 FEET TO THE POINT OF BEGINNING (POB ESMT VAC), CONTAINING 427 SQ. FT., OR 0.01 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. File Number: 2025-00014796 Page 4 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04805-000 KERR INVESTMENT COMPANY EASEMENT VACATION, DOCUMENT 881-620 PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 1: PARCEL #1- FORTY-FIVE (45) FEET OF EQUAL AND UNIFORM WIDTH OFF THE SOUTH SIDE OF LOT NUMBERED FOUR (4) AND TEN (10) FEET OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF LOT NUMBERED FIVE (5) IN BLOCK NUMBERED FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. EASEMENT VACATION 3 DESCRIPTION: A VARIABLE WIDTH VACATION OF A 10' UTILITY EASEMENT PER DOCUMENT 881-620 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC ESMT VAC 3) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87°10'58" W - 207.08 FEET; THENCE LEAVING SAID SOUTH LINE, N 02°36'14" E - 99.49 FEET; THENCE N 02°36'14" E - 54.57 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 3); THENCE S 87°09'02" E - 207.28 FEET TO THE EAST LINE OF SAID BLOCK 5; THENCE ALONG SAID EAST LINE, S 02-40'52" W - 0.48 FEET; THENCE LEAVING SAID EAST LINE, N 87.08-09" W - 207.28 FEET; THENCE N 02°36'14" E - 0.43 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 3), CONTAINING 94 SQ. FT., OR 0.002 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. File Number: 2025-00014796 Page 5 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04804-000 KERR INVESTMENT COMPANY EASEMENT VACATION, ORDINANCE # 2110 (887-319) PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 5: PARCEL #5 - LOTS TEN (10), ELEVEN (11) AND TWELVE (12) AND LOTS ONE (1), TWO (2), THREE (3) AND THE NORTH FIVE (5) FEET OF LOT FOUR (4), ALL IN BLOCK FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. EASEMENT VACATION 1 DESCRIPTION: A VARIABLE WIDTH VACATION OF A 20' UTILITY EASEMENT PER ORDINANCE #2110 (887-319) IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC ESMT VAC 1) AT THE NORTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION; THENCE ALONG THE NORTH LINE OF SAID BLOCK 5 N 87°05'31" W-197.49 FEETTO THE POINT OF BEGINNING (POB ESMT VAC 1); THENCE LEAVING SAID NORTH LINE, S 02.36-14" W - 153.28 FEET; THENCE N 87009'02" W -10.00 FEET; THENCE N 02°36'14" E -4.57 FEET, THENCE N 87008'09" W -10.00 FEET; THENCE N 02036'14" E-148.73 FEET TO SAID NORTH LINE OF BLOCK 5; THENCE ALONG SAID NORTH LINE, S 87-05'31" E - 20.00 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 1), CONTAINING 3,020 SQ. FT., OR 0.069 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. File Number: 2025-00014796 Page 6 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04805-000 KERR INVESTMENT COMPANY EASEMENT VACATION, ORDINANCE # 2110 (887-319) PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 1: PARCEL #1- FORTY-FIVE (45) FEET OF EQUAL AND UNIFORM WIDTH OFF THE SOUTH SIDE OF LOT NUMBERED FOUR (4) AND TEN (10) FEET OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF LOT NUMBERED FIVE (5) IN BLOCK NUMBERED FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. EASEMENT VACATION 2 DESCRIPTION: A VARIABLE WIDTH VACATION OF A 20' UTILITY EASEMENT PER ORDINANCE #2110 (887-319) IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC ESMT VAC 2) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87°10'58" W - 207.08 FEET; THENCE LEAVING SAID SOUTH LINE, N 02°36'14" E - 99.49 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 2); THENCE N 02°36'14" E - 54.57 FEET; THENCE 5 87°09'02" E -10.00 FEET; THENCE S 02°36'14" W - 54.57 FEET; THENCE N 87°09'55" W -10.00 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 2), CONTAINING 546 SQ. FT., OR 0.013 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. File Number: 2025-00014796 Page 7 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04806-000 KERR INVESTMENT COMPANY EASEMENT VACATION, ORDINANCE # 2110 (887-319) PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 2: PARCEL #2 -THE SOUTH FORTY (40) FEET OF LOT NUMBERED FIVE (5) AND ALL OF LOT NUMBERED SIX (6) IN BLOCK FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. EASEMENT VACATION 3 DESCRIPTION: A VARIABLE WIDTH VACATION OF A 20' UTILITY EASEMENT PER ORDINANCE #2110 (887-319) IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC ESMT VAC 3) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87°10'58" W - 207.08 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 3); THENCE LEAVING SAID SOUTH LINE, N 02°36'14" E - 99.49 FEET; THENCE 5 87009'55" E -10.00 FEET, THENCE S 02°36'14" W - 99.49 FEET TO SAID SOUTH LINE OF BLOCK 5; THENCE ALONG SAID SOUTH LINE, N 87.10'58" W - 10.00 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 3), CONTAINING 995 SQ. FT., OR 0.023 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. File Number: 2025-00014796 Page 8 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04807-000 KERR INVESTMENT COMPANY EASEMENT VACATION, ORDINANCE # 2110 (887-319) PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 3: PARCEL #3 - ONE HUNDRED TWENTY-SEVEN (127) FEET OFF OF THE EAST END OF LOTS NUMBERED SEVEN (7), EIGHT (8) AND NINE (9) IN BLOCK FIVE (5) OF DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. EASEMENT VACATION 4 DESCRIPTION: A VARIABLE WIDTH VACATION OF A 20' UTILITY EASEMENT PER ORDINANCE #2110 (887-319) IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC ESMT VAC 4) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87°10'58" W - 207.08 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 4); THENCE CONTINUING ALONG SAID SOUTH LINE, N 87-10'58" W -10.00 FEET; THENCE LEAVING SAID SOUTH LINE, N 02°36'14" E - 158.64 FEET; THENCE S 87°08'09" E -10.00 FEET; THENCE S 02°36'14" W - 4.57 FEET; THENCE 5 02°36'14" W - 54.57 FEET, THENCE 5 02036'14" W - 99.49 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 4), CONTAINING 1,586 SQ. FT., OR 0.036 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. File Number: 2025-00014796 Page 9 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04804-000 KERR INVESTMENT COMPANY EASEMENT VACATION, DOCUMENT 881-620 PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 5: PARCEL #5 - LOTS TEN (10), ELEVEN (11) AND TWELVE (12) AND LOTS ONE (1), TWO (2), THREE (3) AND THE NORTH FIVE (5) FEET OF LOT FOUR (4), ALL IN BLOCK FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. EASEMENT VACATION 1 DESCRIPTION: A VARIABLE WIDTH VACATION OF A 10' UTILITY EASEMENT PER DOCUMENT 881-620 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC ESMT VAC 1) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87-10'58" W - 207.08 FEET; THENCE LEAVING SAID SOUTH LINE, N 02.36'14" E - 99.49 FEET; THENCE N 02°36'14" E - 54.57 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 1); THENCE N 02036'14" E -4.57 FEET; THENCE N 87°08'09" W-121.88 FEET, THENCE N 87008'09" W - 85.41 FEET TO THE WEST LINE OF SAID BLOCK 5; THENCE ALONG SAID WEST LINE, N 02°31'37" E - 5.00 FEET; THENCE LEAVING SAID WEST LINE, S 87-08-09" E - 414.59 FEET TO THE EAST LINE OF SAID BLOCK 5; THENCE ALONG SAID EAST LINE, S 02-40'52" W - 9.52 FEET; THENCE LEAVING SAID EAST LINE, N 87-09-02" W - 207.28 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 1), CONTAINING 3,015 SQ. FT., OR 0.069 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF - WAY, OR COVENANTS OF RECORD. File Number: 2025-00014796 Page 10 of 11 VAC-2025-0004 EXHIBIT T' PARCEL765-04807-000 KERR INVESTMENT COMPANY EASEMENT VACATION, DOCUMENT 881-620 PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 3: PARCEL #3 - ONE HUNDRED TWENTY-SEVEN (127) FEET OFF OF THE EAST END OF LOTS NUMBERED SEVEN (7), EIGHT (8) AND NINE (9) IN BLOCK FIVE (5) OF DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. EASEMENT VACATION 2 DESCRIPTION: A VARIABLE WIDTH VACATION OF A 10' UTILITY EASEMENT PER DOCUMENT 881-620 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING (POC ESMT VAC 2) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87-10'58" W - 207.08 FEET; THENCE LEAVING SAID SOUTH LINE, N 02.36'14" E - 99.49 FEET, THENCE N 02036'14" E - 54.57 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 2); THENCE 5 02036'14" W - 0.43 FEET; THENCE N 87008'09" W-121.88 FEET, THENCE N 02°31'36" E - 5.00 FEET; THENCE S 87°08'09" E-121.88 FEET; THENCE S 02°36'14" W - 4.57 FEET TO THE POINT OF BEGINNING (POB ESMT VAC 2), CONTAINING 609 SQ. FT., OR 0.014 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. Washington County, AR I certify this instrument was filed on 6/3/2025 9: 13:46 AM and recorded in REAL ESTATE File# 2025-00014796 Kvle Svlvester - Circuit Clerk File Number: 2025-00014796 Page 11 of 11 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 20, 2025 CITY COUNCIL MEMO 2025-528 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: VAC-2025-0004: Vacation (191 S. HILL AVE./VERVE, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 191 S. HILL AVE in WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.90 acres. The request is to vacate 0.24 acres of general utility easements. RECOMMENDATION: Staff recommend approval of VAC-2025-0004 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, and 2. Any easements required to serve the associated development shall be dedicated with the easement plat. BACKGROUND: The subject area is in central Fayetteville approximately 300 feet east of Harmon Field and 900 feet northeast of Fayetteville High School. The overall 2.9-acre subject area contains multiple parcels and is bound by W. Treadwell St. to the north, S. Hill Ave. to the east, W. Putnam St. to the south, and S. Duncan Ave. to the west. The area is currently developed with apartments, single-family dwellings, and a largely undeveloped parcel with off -site parking. Onsite structures were built between 1931 and 1964. The property does not fall within any overlay districts or Master Plan areas. A rezoning from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center was approved by City Council on June 18, 2024, with a Bill of Assurance (RZN-2024- 0018). A large-scale development was denied by the Planning Commission and approved by the City Council on appeal in early 2025 to develop the subject property with a total of 272 multifamily units and associated parking (LSD-2024-0029). Request: The applicant proposes to vacate two existing general utility easements totaling 0.24 acres: a 20-foot wide easement that bisects the block north to south and a 10-foot wide easement that bisects the block east to west. An associated request for right-of-way vacation is being considered separately. DISCUSSION: The applicant submitted the required franchise utility approvals with no objections, though with added conditions as listed above. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 NA ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Cover Letter (#6), Petition to Vacate (#7), Easement Exhibit (#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 #: 2025-528 VACATION-2025-0004: (191 S. HILL AVE./VERVE, 522 - UTILITY EASEMENT): AN ORDINANCE TO APPROVE VAC-25-04 FOR PROPERTY LOCATED AT 191 SOUTH HILL AVENUE IN WARD 2 TO VACATE 0.24 ACRES OF GENERAL UTILITY EASEMENTS 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 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 portion of 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 approval is subject to the following ongoing conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. Any easements required to serve the associated development shall be dedicated with the easement plat. Page 1 City of Fayetteville Staff Review Form 2025-528 Item ID 5/6/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/18/2025 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2025-0004: Vacation (191 S. HILL AVE./VERVE, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 191 S. HILL AVE in WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.90 acres. The request is to vacate 0.24 acres of general utility easements. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No 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 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: McCLELLAND 1810 N. College Avenue r P.O. Box 1229 CONSULTING NG Fayetteville, AR 73703172702-1229 ENGINEERS INC 479-443-2377/Fax 479-443-9241 , www.mccielland-engrs.com April 14, 2025 City Council Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 RE: Utility Easement Vacation Request for VERVE Student Housing City Council, Please accept this Utility Easement Vacation request for the VERV Student Housing development located at 191 S. Hill Avenue , Fayetteville, AR, 72701. These Utility Easement Vacation requests are to remove existing utility easements dedicated to the City of Fayetteville for use in placing public infrastructure through the property to accommodate on -site developments. The easements in question are approximately 10,193 sq ft for two utility easements that bisect the project site, as well as approximately 7,220 sq. ft. of a blanket utility easement at the project site's southwest corner. The intent of this request is to remove the encroachment of these utility easements to accommodate the proposed building footprint. If you should have any questions, please do not hesitate to contact me. We appreciate your continued support of this project. Sincerely, McClelland Consulting Engineers, Inc. 40EC-0,_ Adam B. Osweiler, PE Principal I Sr. Project Manager (479) 443.2377 aosweiler(a-)-mce.us.com Docusign Envelope ID: 2C2006F2-874A-4D65-A23F-39DC844C16AB McCLELLAND CONSULTING "CE ENGINEERS, INC. April 14, 2025 TO: Fayetteville Planning Commission & City Council RE: VERVE Student Housing General Utility Easement Vacation Petition 1580 East Stearns St. Fayetteville, AR 72703 (479) 443.2377 P 1 (479) 443.9241 F mr.P_us rnm PETITION TO VACATE BLANKET AND GENERAL UTILITY EASEMENTS LOCATED IN PARTS OF BLOCK 5 IN VARIOUS LOTS OF THE DUNCAN'S, I.W. ADD SUBDIVISION OF THE ORIGINAL TOWN OF FAYETTEVILLE, CITY OF FAYETTEVILLE, ARKANSAS. We, the undersigned, being all the owners of the real estate abutting the easements hereinafter sought to be abandoned and vacated, lying in Block 5 of various lots of the Duncan's, I.W. Add subdivision of the Original Town of Fayetteville, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate blanket and general utility easements which is as follows: See attached descriptions and exhibits for each easement requested to be vacated. That the abutting real estate affected by said abandonment of the easements are a part of Block 5 of various lots of the Duncan's, I.W. Add subdivision of the Original Town of Fayetteville, 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 existing 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 easements, and that title to said real estate sought to be abandoned by 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 real estate. Sincerely, DocuSigned by: Katherine Faught of Kerr Investment Company Signed by: DocuSigned by: 4/192025 4/15/2025 Marcus and Alexis Necessary of 98 Duncan LLC DocuSigned by: Signed by: 4/15/2025 Coc!!. 4/14/2025 fyoa�tr Kim and Cecily Brawner of Brawner Real Estate LLC F ----- - 29A 38 Im 2 I �m M o�° nx F 3 D �z� �f F� o °s zl� 7 R/w R/W I F F I o I I I F � �o•I FI a a I I f r m ems;z p I I o I A O O O m z 3 o n o n v p F $ 3 y m� rpOn G y 3 z� m F I m o z N O z, G z m m m po y u� D' 0 0 G m p y m z3o p z p o n m L1 ww w. P^ y n G P age S ❑ n l I I y rv.. 71-1 ww T ww — �= I lz 30 9 30 30 30 30 30O 30® 30O 30O 30O 30O 30O 30O 30O m oc_F� mognF� mop:F� moc:F� mo�nF� mo�aF� mo�DFa m°�DFe mo�nFv °m °�nF9 "�'O9�Fp mo�nF9 moinF9 moi:F9 moi:F� o 3igzn WA o, 3Zopn o3�Oplp1 mr�r99�m mM�9�m m��9..m Mxpp mr�9 ••mn m��ROA zZDZMA Nr9"MA 'r,OA m�RmD -Mlr9lmA z Or O L1 •-fmii Dry Or pNSD3n oNNSOpn b�SD3� ar�Dp� OT�DF� OT�DF� opDOG� �L1S Dpm oLl lmlD v� OD� bv3iS DDr" m n o 60°03� n o Fon.. 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S020 31' 36"W-5.00' U X Lu z Q z�� \ ���� LuN N870 08' 09"W-85.41'� Qwz kD z a Bj -POB ESMT VAC F— In nl I uj _ � Y MLu U I � �InJ M I CD Ou_ o o0 �Lu LOT 9 O0 oQ LOT aZ w z �of > Q 1:L_ _ co� u �- ui w Lu F a a J � W x Q Lf) Z:) Lu o a CI' U 00 ¢ _ LOT_8 W > LOT 7 n o M 3 z 0 N w O POC ESMT VAC z zSW CORNER BLOCK 5, I.W. DUNCAN'S ADDITION PLAT 0 a 0 Z 0 m WEST PUTMAN STREET ASPHALT WIDTH VARIES, 50' R/W PER I.W. DUNCAN'S ADDITION PLAT (RESIDENTIAL LINK, 45' MIN / 52' MAX PER MSP) 0 z � R/W R/W R/W 0 x L E G E N D a 765-04809-000 TAX PARCEL NUMBER ��Rl/= RIGHT-OF-WAY VACATION J 2024-00002146 DEED RECORD rT7� T77-,,� EASEMENT VACATION 5 L---------� k — — EXISTING PROPERTY LINE LL BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) PROUN N AO . MANAGER DRAWN B BY McCLELLAND DATE REVISION VERVE HOUSING PROJECT LSD CONSULTING ry 03/26/2025 EXHIBIT "A" FAYETTEVILLE ARKANSAS -ENGINEERS, INC. SCAL E: PRO]. NUMBER'. MAP , 3 AS NOTED 242129 1580 E. STEARNS ST. # BRAWNER REAL ESTATE LLC FAYETTEVILLE, AR 72703 # i (479) 443-2377 V # „ 1 HTTP://WWW.MCE.US.COM o III III n F l m o z C) n 0 A wW wW O n O n 9 ww wW ww wW, 3�c�3m ww�omm� SOUTH DUNCAN AVENUE w n n � z ASPHALT WIDTH VARIES, 50' wW PER I.W. DUNCAN'S ADDTIION PLAT (RESIDENTIAL L[NK, 45' MIN / 52' MAX PER MSP) i m O z " wW z wW F F F zso'e o m �z .. m m D o x (> 2 D m N ` s W m z� ww R/W, Nf� I Pmop.. I: a i m I n P pN o I% 9 0, A r F Nmo o UE PER 881-620 TO BE 3 on I w i t VACATED PER THIS DOCUMENT 5 I m00 I sp m ono o a p-3 ,I oNy F S Coy W V ao< �o< o.. ma�Fp O� F a - - Saxo I apF F I I z I o Tao9 gip:'I zo q N I an o °" o =^ m Snxo a_ :� y °� m ino I N 3o uOo iil 3 Dm = I a zn I F ofz,z �o m I o e " I u o N I �' yl a66LF m8 ww-ww- 8 m SOUTH HILL AVENUE ASPHALT WIDTH VARIES, 50' wW PE'I . W. DUNCAN'S ADDITION PLAT ? (RESIDENTIAL LINK, 45' MIN / 12' MAX PER MSP) 5^ wW R/w x ww ww Fw wW ww-RW z 0 y REVISIONS DATE DESCRIPTION VERVE HOUSING PROJECT LSD EASEMENT VACATION EXHIBIT FAYETTEVILLE,ARKANSAS 1fMArMcCLELLAND log; CONSULTING Ta 5 ENGINEERS, INC. 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479)443-2377 HTTP:// W W W. MCE.US.COM R/W R/W O n O n 9 R/WwW ww ww 3�c�3m ww�omm� SOUTH DUNCAN AVENUE OJ n n � z ASPHALT WIDTH VARIES, 50' wW PER I.W. DUNCAN'S ADDTIION PLAT (RESIDENTIAL L[NK, 45' MIN / S2' MAX PER MSP) < i m O zlz y �R/W - R/W I I R/W R/W xA -- I <„Fy Ea� UE PER 881I620 TO BE z I < _ VACATED PER SEPARATE DOCUMENT O O �fm I z aoy z m F o a op I o I W NO 30 � � PpD W Ny yo F I O nia 3om I N ii Am A A o I� o.. m Cay sz z eo< I 'Fc NO2° 36' 14"E-148.73' ° I a m F F %n 21 m I z �0 36' 14"W-153.28' of a l m N~ m Dq< = 1 I P n�W 13 .,o F m P A IO A A O O�O I 5 Ty°D T N m F I VI 2,zFo D Im �I l 6p� m o Dagip S^ D p'p<o I b C-z I 3b o�O..N V yPpZo I� F al =ate I I o. Iv I 3 ym I my iy m3o I N IA F z I on F zyo I� i zzkw N l II I m0 ww�ww- n°O N SOUTH HtLL AVENUE ASPHALT WIDTH VARIES, SO' wW PER I. W. DUNCAN'S ADDITION PLAT (RESIDENTIAL LINK, 45' MIN / 52' MAX PER MSP) m0 ww om ww ww �� ww ww ww� ° R/W — n 0 z a S a 0 A t"' wERTi� S gMWy �y,Nlllj pN\N� zmti REVISIONS McCLELLAND o X > REV DATE DESCRIPTION VERVE HOUSING PROJECT LSD CONSULTING A x y m EASEMENT VACATION EXHIBIT GNf0T05ERVE ENGINEERS, INC. n N g N m n 03 3 1580 E. STEARNS ST. 40 z FAYETTEVILLE, ARKANSAS FAYETTEVILLE, AR 72703 z� (479)443-2377 HTTP://W W W.MCE.US.COM Fan 0 ,1.i.:i.,....��..-:....:�win-sir:�.�i...-..._..r M.rai,�c.._.s .... _...........�, \A), 410. Account #: NWCL5004205 Company: CITY OF FAY ETTFVILLE-CLERKS 01+1 113 W MOUNTAIN F.AYE I"YEVILLE. AR 72701 Ad number #: 510089 PO #: Maner o1': ORD 6875 AFFIDAVIT • STATE: OFARKANSAS ECEIVE 1 05/27/2025 C TY OF FAYETTEVILLE CITY CLERK'S OFFICE Maria Hernandez -Lopez , do ,,,lemn:) ,%%car that I am the legal Clerk of the NWA Democrat Gazette. a dail% newspaper printed and published in N%AY ll\ti I O NFN ION counts. titatc ot'ARKAN.\S: that I xsas so related to this publication at and during the publication of the annexed legal advenitentent is than mutter of : ORD 6875 Pending in the court, in said County. and at the dates of the ,creral publications o: said ads ertisamcrtt stated IkIJR. and that during said periods and at said date,. ,uiJ ncm spaper %sx printed and had a bona tlJe rirculttion in said ( ount' that said netspaper had been recularh printed Lind published to said count) . and had it bona fidr circulation therein !isr the period of one month before the date of the first publication of said adscnisememt anJ that saiJ ndvenisemrnt spas published in the regular dailk issues of said newspaper as stated belots. And that there is due or has been paid the NWA Democrat Gazette Ior publication the sum oI'S124.64. (Includes S0.00 Affidavit Charge;, NIJA Democrat Gazette 05/25, 25: N;JA mvaoniine.eom 05125125 I.egal Clerk State of ARKANSAS. Count, of Sebastian Subscribed and swum to before me on this 27th dal nl' \fa}. 2025 1 NOT4AY PUBLIC Ordinance: 6875 File Number: 2025-528 VACATION-2025-0004: (191 S. HILL AVE.NERVE, 522 - UTIL- ITY EASEMENT): AN ORDINANCE TO APPROVE VAC-25-04 FOR PROPERTY LO- CATED AT 191 SOUTH HILL AV- ENUE IN WARD 2 TO VACATE 0.24 ACRES OF GENERAL UTIL- rTY EASEMENTS 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 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 portion of utility easements as described in Exhibit B at- tached to the Planning Depart- ment'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 flied In the office of the Washington County Circuit Clerk. Section 3: This vacation ap- proval is subject to the following ongoing conditions: 1. Any damage to or reloca- tion of existing facilities will be at the property owner/devel- oper's expense. 2. Any easements required to serve the associated develop- ment shall be dedicated with the easement plat. PASSED and APPROVED on May 20,2025 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: $124.64 May25,202.5 510089