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HomeMy WebLinkAboutOrdinance 6876Type: REAL ESTATE Kind: ORDINANCE Recorded: 6/3/2025 9: 15:29 AM Fee Arm: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00014798 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6876 File Number: 2025-537 VACATION-2025-0009: (235 W. 7TH ST./ANDERSON, 562): AN ORDINANCE TO APPROVE VAC-25-09 FOR PROPERTY LOCATED AT 235 WEST 7TH STREET IN WARD 1 TO VACATE 0.05 ACRES OF RIGHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of right-of-way is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation shall not be effective until the following conditions have been satisfied: 1. A 15-foot-wide utility easement shall be dedicated from the overhead primary conductor on the east side of Locust Street, as requested by AEP/SWEPCO. 2. A 10-foot-wide utility easement shall be dedicated with a gas line being the center of said utility easement, as requested by Black Hills Energy. 3. A 15-foot-wide easement shall be dedicated along the eastern property line of proposed Tract 2 to provide adequate easement corridor for an existing sewer line in the vicinity, as requested by the City of Fayetteville Utilities Department. Section 4: This vacation approval is subject to the ongoing condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. Page 1 File Number: 2025-00014798 Page 1 of 4 Ordinance: 6876 File Number 2025-537 PASSED and APPROVED on May 20, 2025 Approved: Molly Rawn, Mayor Attest: V, �l Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $156.56 Page 2 File Number: 2025-00014798 Page 2 of 4 VAC-2025-0009 Close Up View MSC i-1 NeighboTood Link Regional Link - High Acarlly Urban Center — Unclesefietl — Residential Link "ll Planning Area Fayetteville City Limits -- Shared -Use Paved Trail — — Trail (Proposed) Design Overlay District 1� 235 W. 7TH ST Subject Property .%19 VAC-2025-0009 EXHIBIT 'A' flow ■ my P-1 I RI-U 1-1 Heavy Commercial and Light Industrial � C4 Main Street Center Feet Dmnlonm General Community Services Neighborhood Conservation 0 75 150 300 450 600 P-1 1:2,400 File Number: 2025-00014798 Page 3 of 4 VAC-2025-0009 EXHIBIT'B' LEGAL DESCRIPTION: PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE ALONG THE EAST LINE THEREOF SOUTH 03006'58" WEST 25.00 FEET TO A FOUND 5/8" REBAR MARKING THE EXISTING SOUTH RIGHT-OF-WAY LINE OF WEST 7TH STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 86051'17" WEST 20.00 FEET; THENCE LEAVING SAID EXISTING RIGHT-OF-WAY LINE SOUTH 03°05'26" WEST 2.68 FEET TO A SET 5/8" REBAR CAPPED "AR 1926" MARKING THE PROPOSED SOUTH RIGHT-OF-WAY LINE OF SAID WEST 7TH STREET; THENCE ALONG SAID PROPOSED SOUTH RIGHT-OF-WAY LINE NORTH 87008'40" WEST 163.94 FEET TO A SET 5/8" REBAR CAPPED "AR 1926" BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PROPOSED SOUTH RIGHT-OF-WAY LINE SOUTH 02031'30" WEST 69.04 FEET TO A SET 5/8" REBAR CAPPED "AR 1926'; THENCE NORTH 87004'00" WEST 30.60 FEET TO THE EAST RIGHT-OF-WAY LINE OF SOUTH LOCUST AVENUE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 06013'25" EAST 48.22 FEET TO A SET 5/8" REBAR CAPPED "AR 1926'; THENCE NORTH 10'25'40" EAST 21.04 FEET TO A SET 5/8" REBAR CAPPED "AR 1926" MARKING THE PROPOSED SOUTH RIGHT-OF-WAY LINE OF WEST 7TH STREET; THENCE ALONG SAID PROPOSED RIGHT-OF-WAY LINE SOUTH 87008'40" EAST 24.59 FEET TO THE POINT OF BEGINNING. CONTAINING 0.045 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD. Washington County, AR I certify this instrument was filed on 6/3/2025 9: 15:29 AM and recorded in REAL ESTATE File# 2025-00014798 Kvle Svlvester - Circuit Clerk File Number: 2025-00014798 Page 4 of 4 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 20, 2025 CITY COUNCIL MEMO 2025-537 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-2025-0009: Vacation (235 W. 7TH STJANDERSON, 562): Submitted by BLEW & ASSOCIATES for property located at 235 W. 7TH ST. in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.43 acres. The request is to vacate 0.05 acres of right-of-way. RECOMMENDATION: City staff and the Planning Commission recommend approval of VAC-2025-0009 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 15-foot-wide utility easement shall be dedicated from the overhead primary conductor on the east side of Locust Street, as requested by AEP/SWEPCO, 3. A 10-foot-wide utility easement shall be dedicated with a gas line being the center of said utility easement, as requested by Black Hills Energy, and 4. A 15-foot-wide easement shall be dedicated along the eastern property line of proposed Tract 2 to provide adequate easement corridor for existing sewer line in vicinity, as requested by Water/Sewer. BACKGROUND: The subject property adjacent to the right-of-way associated with this request is located at the southeast corner of 7th Street and Locust Avenue in the Walker Park Neighborhood. It contains one parcel totaling about 0.43 acres which is zoned DG, Downtown General. The property is developed with a single-family dwelling which Washington County records indicate was built in 1936. Request: The applicant is requesting to vacate a portion of street right-of-way totaling approximately 0.05 acres. DISCUSSION: City staff supports the applicant's request to vacate the subject right-of-way, with conditions. The existing right- of-way is wider than what is required by the Master Street Plan, and it includes the driveway and part of the house associated with the adjacent property. Vacating it would eliminate that encroachment by placing the entire house outside of the right-of-way. At the April 14, 2025 Planning Commission meeting, this item was forwarded to City Council with a Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 recommendation of approval by a unanimous vote of 7-0-0. Commissioner Garlock made the motion and Commissioner Castin seconded it. No commissioners commented on the item and no members of the public spoke at the meeting. Staff recommended, and the Planning Commission approved, a condition requiring a revision of the vacation description. This was recommended since the applicant's original request sought to vacate more right-of-way than what would be required by the Master Street Plan. The applicant has since revised their request to align with it. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) 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 #: 2025-537 VACATION-2025-0009: (235 W. 7TH STJANDERSON, 562): AN ORDINANCE TO APPROVE VAC-25-09 FOR PROPERTY LOCATED AT 235 WEST 7TH STREET IN WARD 1 TO VACATE 0.05 ACRES OF RIGHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of right-of-way is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation shall not be effective until the following conditions have been satisfied: 1. A 15-foot-wide utility easement shall be dedicated from the overhead primary conductor on the east side of Locust Street, as requested by AEP/SWEPCO. 2. A 10-foot-wide utility easement shall be dedicated with a gas line being the center of said utility easement, as requested by Black Hills Energy. 3. A 15-foot-wide easement shall be dedicated along the eastern property line of proposed Tract 2 to provide adequate easement corridor for an existing sewer line in the vicinity, as requested by the City of Fayetteville Utilities Department. Section 4: This vacation approval is subject to the ongoing condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-537 Item ID 5/20/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/2/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2025-0009: Vacation (235 W. 7TH ST./ANDERSON, 562): Submitted by BLEW & ASSOCIATES for property located at 235 W. 7TH ST. in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.43 acres. The request is to vacate 0.05 acres of right-of-way. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE WO-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: April 14, 2025 (updated with results) SUBJECT: VAC-2025-0009: Vacation (235 W. 7'" ST./ANDERSON, 562): Submitted by BLEW & ASSOCIATES for property located at 235 W. 7T" ST. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.43 acres. The request is to vacate 0.05 acres of right-of- way. RECOMMENDATION: Staff recommends forwarding VAC-2025-0009 to the City Council with a recommendation of approval and with conditions. RECOMMENDED MOTION: "1 move to forward VAC-2025-0009 to the City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property adjacent to the right-of-way associated with this request is located at the southeast corner of 7t" Street and Locust Avenue in the Walker Park Neighborhood. It contains one parcel totaling about 0.43 acres which is zoned DG, Downtown General. The property is developed with a single-family dwelling which Washington County records indicate was built in 1936. Surrounding land uses and zoning are described below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Church DG, Downtown General South Sin l -Family Residential DG, Downtown General East Single -Family Residential DG, Downtown General; NC, Neighborhood Conservation West Undeveloped C-2, Thoroughfare Commercial Proposal: The applicant proposes to vacate a portion of excess street right-of-way totaling approximately 0.05 acres. DISCUSSION: Staff supports the applicant's request to vacate the subject right-of-way, with conditions. The existing right-of-way is wider than what is required by the Master Street Plan, and it includes the driveway and part of the house associated with the adjacent property. Vacating it would eliminate that encroachment by placing the entire house outside of the right-of-way. However, the proposed vacation would reduce the width of the right-of-way below the Master Street Plan standard. Therefore, staff recommends a condition requiring that the legal description of the vacation be revised prior to City Council to ensure that at least 26 feet of right-of-way remains from the centerline of 7th Street and Locust Avenue in accordance with the Master Street Plan standard for a Residential Link Street. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. The applicant also submitted the required adjacent property approval form with no objections. Utility Response Cox Communications No objections, provided any damage or relocation will be at the applicant's expense. AEP/SWEPCO No objections, provided a 15-foot-wide utility easement is dedicated from the overhead primary conductor on the east side of Locust Street. Black Hills Energy No objections, provided a 10-foot-wide utility easement remains with a gas line being the center of said utility easement. AT&T No objections and no comments. Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer No objections, provided a 15-foot-wide easement is dedicated along the eastern property line of proposed Tract 2 to provide adequate easement corridor for existing sewer line in vicinity. Solid Waste & Recycling No objections and no comments. Transportation No objections and no comments. Public Comment: To date, staff has not received any public comment on this item. RECOMMENDATION: Staff recommends approval of VAC-2025-0009 with the following conditions: Conditions of Approval: 1. Prior to City Council, the legal description for the right-of-way vacation shall be revised so that the width of the right-of-way along 7th Street and Locust Avenue is no less than 26 feet from the centerline of the road; 2. Any damage or relocation of existing facilities will be at the property owner/developer's expense, 3. A 15-foot-wide utility easement shall be dedicated from the overhead primary conductor on the east side of Locust Street, as requested by AEP/SWEPCO, 4. A 10-foot-wide utility easement shall be dedicated with a gas line being the center of said utility easement, as requested by Black Hills Energy, and 5. A 15-foot-wide easement shall be dedicated along the eastern property line of proposed Tract 2 to provide adequate easement corridor for existing sewer line in vicinity, as requested by Water/Sewer. PLANNING COMMISSION ACTION: Required YES jDate: April 14, 2025 O Tabled I Motion: Garlock ISecond: Castin Vote: 7-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Applicant Request Letter • Applicant Petition to Vacate • Survey — Right-of-way to be Vacated • One Mile Map • Close -Up Map • Current Land Use Map ® Forwarded 173 Denied with a recommendation of approval and with conditions. BLEW Surveying I Engineering Environmental March 3, 2025 To Whom It May Concern, Right -of -Way Vacation My client, Steve and Mary Anderson, are requesting to vacate a portion of right-of-way within South Locust Avenue at 235 West 71h Street in Fayetteville, AR 72701. This would give the property more area, although not buildable, but this portion of right-of-way has not been used by the city and contains part of the existing property's driveway. This would allow the existing home to conform to building setbacks in this area. Properties south of this one have successfully vacated their portions of right-of-way. This would not affect the adjacent properties in any way. We kindly ask for your approval of this vacation. Sincerely, Senior Project Coordinator Blew & Associates, P.A. 479-443-4506 O blewinc.com O Faye N Shiloh Fayetteville, ARR 72703 PETITION TO VACATE A STREET RIGHT-OF-WAY LOCATED IN LOT 1 AND PT LOT 2, BLOCK 3 FERGUSON ADDITION CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the street right-of-way hereinafter sought to be abandoned and vacated, lying in Lot 1 and part of Lot 2, Block 3, Ferguson Addition City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way which is described as follows: PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE ALONG THE EAST LINE THEREOF SOUTH 03°06'58" WEST 25.00 FEET TO A FOUND 5/8" REBAR MARKING THE SOUTH RIGHT-OF-WAY LINE OF WEST 7TH STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 86051" 7" WEST 20.00 FEET TO A SET 5/8" REBAR; THENCE NORTH 87004'00" WEST 163.97 FEET TO A SET 5/8" REBAR BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 02031'30" WEST 71.94 FEET TO A SET 5/8" REBAR; THENCE NORTH 87°04'00" WEST 31.62 FEET TO THE EAST RIGHT-OF-WAY LINE OF SOUTH LOCUST AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 04°45'46" EAST 71.97 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 7TH STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 87004'02" EAST 28.81 FEET TO THE POINT OF BEGINNING. CONTAINING 0.050 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD. That the abutting real estate affected by said abandonment of the alley are Lot 3 Block 3 Ferguson Addition of each adjoining lot to the area requested to be vacated) 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 street right-of-way. 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. 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W-2 g P. o„ ms ,�o=m I X I m � � s„V.........f..F,M i�m ICENS�1 a n >,mmo ........ 92 om °�"Czimm�o BBo"ifAF ��oo z s 1S y oa onam °. tN„ 9T gores am°m °m cziz Yc-zi-zi�o z_ama �m�cO '- % a 30�5� i 8�tl °o�aN %MAa�m n 'a'�'3�AxA I;CO 4 ioo°s +> Np UT 3 °„eoI_ Ox � mmm c N '� "n O-�OOT2F< ° Zy m��mAOZ I S to ^ � 1 ry, cc m mom ^� L' m Cn mg ^ieo'oyo"epoaomFm �Jzmzz mAA m mn co 5 z O gg �8m � � 1 VAC-2025-0009 235 W. 7TH ST One Mile View C4rF 0 0.13 0.25 0.5 Miles s__ .�„-A 1' 1 1 R 1 II 1 1 I CI— UNT Subject Property 1 N�LUTHER 1 TH JR BLVD � i J [LL —I� NORTH RMF-24 � 1 Ill�i _ 1 'DG 1 1 1 P-1 r NS-G i I 1 1 R-A zoning � I-z cener�I maaalriel Regional Link - - - RESIDENTIAL SINGLE-FAMILY EXTRACTION IIIIIIII� Neighborhood Link _ _ _ _ _ _ Nsc ii E-1 RI-U COMMERCIAL Regional Link- High Activity RI-iz Resitlenlisl- . ii NS-L C-1 Urban Center _ ResmanY&l -reams IIIIIIIIIc -z Is C-3 Unclassfied _ RSF-1 FORM BASED DISTRICTS — Allay Downronn core RSF< Urban Tlwroughiare RSF' —Residential Link Main a —Center RSFa �Dovm—Genre, RSF-18 Shared -Use Paved Trail RESIDENTIAL MULTI -FAMILY Neighborhootl Servkes Trail (Proposed) p RM- ii Neighborhootl ConserreYon Design Overlay District , _ _ _ _ _ 1 RM112 PLANNED ZONING DISTRICTS L - g Y Itit. RMF-13 r r rIIIIIIIII Commercial. Intlusirial. ResitleMial �7Fayetteville City Limits ----' Planning Area - ___ iiRMF-ag INSTITUTIONAL IIIIIIIII P-1 1 1 Planning Area INDUSTRIAL Fayetteville City Limits ___ g-, Heavy CemmarclalaM Light lnauattlal VAC-2025-0009 o U = n LL F Close Up View MARTIN LUTHER KING JR BLVD MSC W Q J O O x r 27—STREAMSIDE BND J J g G w W LI- Trail ♦ � �i� � CS 1-1 Neighborhood Link Regional Link - High Activity Urban Center Unclassified Residential Link �It Planning Area Fayetteville City Limits Shared -Use Paved Trail — — Trail (Proposed) — - Design Overlay District 235 W. 7TH ST 5TH,ST�4 --------- I LU Q iubject Property = U 2 7TH ST Feet 0 75 150 300 450 600 1.2,400 �S w Q Y tU O J m r ^ %`'0* 1 P-1 i i NORTH RI-U WL 1-1 Heavy Commercial and Light Industrial C-2 Main Street Center Downtown General Community Services Neighborhood Conservation P-1 F,-m055 0 � lediaa Account #: NWCL5004205 Companv: CITY OF FAYI:TTEVILI-E-CLL'ILKS O) l l 113 W MOLTNTAIN FANT'I'f1:VILLE. AR 72701 Ad number #: 510095 PO a: Matter of: ORD 6876 % l'ID.a\ IT • SIATt•: QFARKANSAS ECEIVE 1 05/27/2025 C "Y U=AYETTEVILLE CITY ^.LERK'S OFFICE Maria_ Hernandez -Lopez ,{„ �olcnntlti st%ear that I am the I egai L Icrk of the NNA Democrat Gazette. a daih tic" spaper printed and published in WAS111NGI ON BLNI0N counts. State ofARK.XNSAS: that I was so related to this publication at and during the publication of the a:tnewd legal ad%ertisemeni in the matter of : ORD 6876 Pending in the court. in said County. and at the date, of the see oral publications of said ad,. ertisemcnt stated heiott. and that during said period, and at saiJ d.nes. said t%as printed and had:. hoata lids : ircukniort in said Crum,. that said net�spaperhad been regularly printed and published in said county. and had a bona tide circulation therein lhr the perikxl of one month bc::Orc the date of the first publication of said :+dsenisemcnt: and than ,aid zd\enisement wjs published in the rc_ular Jain issues of ,aid ncstspaper as stated And that there is due or has been paid the NWA Democrat Gazette for publication the stun of S 156.56. (Includes S0.00 Aflidarit Charge). N11/4 Democrat Gazette 05/25/25; ,'AKA nwoonlinexem 05/215 35 /f f I.e-al Clerk State ofARRANSAS. County of Sebastian Subscribed andsworn to before me on this'-7th day of Rlat. 2025 r Nth- : Y PUBLIC Ordinance: 6876 File Number: 2025-537 VACATION-2025-0009: (235 W.7TH STJANDERSON,562): AN ORDINANCE TO APPROVE VAC-25-09 FOR PROPERTY LO- CATED AT 235 WEST 7TH STREET IN WARD 1 TO VACATE 0.05 ACRES OF RIGHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54.104 to vacate public grounds or portions thereof which are not required for cor- porate purposes; and WHEREAS, the City Council has determined that the follow- ing described portion of right- of-way 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 CDun- cil of the City of Fayetteville, Arkansas hereby vacates the portion of right-of-way as de- scribed 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 shall not be effective until the follow- ing conditions have been satis- fied: 1. A 15-foot-wide utility ease- ment shall be dedicated from the overhead primary conductor on the east side of Locust Street, as requested by AEP/SWEPCO. 2. A 10-foot-wide utility ease- ment shall be dedicated with a gas line being the center of said utility easement, as requested by Black Hills Energy. 3. A 15-toot-wide easement shall be dedicated along the eastern property line of pro- posed Tract 2 to provide ade- quate easement corridor for an existing sewer line In the vicin- ity, as requested by the City of Fayetteville Utilities Department. Section 4: This vacation ap- proval is subject to the ongoing condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on May20,2025 Approved: Molly Rewn, 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: $156.56 May25,2025 510095