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Home My WebLink AboutOrdinance 6909113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6909 File Number: 2025-1677 Type: REAL ESTATE Kind: ORDINANCE Recorded: 9/22/2025 2:34:49 PM Fee Arm: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00026309 AN ORDINANCE TO APPROVE VAC-25-20 FOR PROPERTY LOCATED AT 322 SOUTH WALKER AVENUE IN WARD 1 TO VACATE 0.03 ACRES OF GENERAL 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 general 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 general 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 condition that any damage or relocation of any existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on September 16, 2025 Approved: Attest: N�b Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 109.44 Page 1 File Number: 2025-00026309 Page 1 of 3 VAC-2025-0020 Close Up View — Alley — Residential Link 0 Hillside -Hilltop Overlay District ? Planning Area _ ! Fayetteville City Limits 322 S WALKER RD VAC-2025-0020 Exhibit 'A' I O C RSF-4 � Feet 0 75 150 300 450 600 MXIIIIIIIIJ, _I Ll RSF-8 File Number: 2025-00026309 Page 2 of 3 VAC-2025-0020 EXHIBIT `B' LEGAL DESCRIPTION - MEEHAN UTILITY EASEMENT VACATION PORTION OF EXISTING UTILITY EASEMENT TO BE VACATED: A PART OF LOT NUMBERED FOUR (4), R & W 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT FOUR (4), THENCE ALONG THE EAST LINE OF SAID LOT FOUR (4) SOUTH 36-19-00" WEST 113.31 FEET; THENCE LEAVING SAID EAST LINE NORTH 53'41'00" WEST 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 53'41'00" WEST 15.00 FEET; THENCE NORTH 36'19'00" EAST 82.00 FEET; THENCE SOUTH 66'28'20" EAST 15.38 FEET; THENCE SOUTH 36'19'00" WEST 85.40 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 9/22/2025 2:34:49 PM and recorded in REAL ESTATE File# 2025-00026309 Kvle Svlvester - Circuit Clerk File Number: 2025-00026309 Page 3 of 3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 16, 2025 CITY COUNCIL MEMO 2025-1677 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner SUBJECT: VAC-2025-0020: Vacation (322 S. WALKER AVE./MEEHAN, 524): Submitted by ALLISON MEEHAN for property located at 322 S. WALKER AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.7 acres. The request is to vacate 0.03 acres of a general utility easement. RECOMMENDATION: Staff recommend approval of VAC-2025-0020 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. BACKGROUND: The subject property is located in central Fayetteville on S. Walker Road, just east of S. Willow Avenue and just north of E. Huntsville Road. A single-family residential home was built on the property in 2018, per Washington County Records, and it is partially in the Hillside/Hilltop Overlay District. The property is zoned RMF-24, Residential Multi -Family, 24 Units Per Acre. Request: The applicant requesting to vacate an existing general utility easement totaling 0.03 of an acre along S. Barton Avenue. DISCUSSION: City staff recommends approval of the requested utility easement vacation. According to the applicant, the proposed vacation will allow for additional square footage that would be used in the development of an accessory dwelling unit. The applicant has submitted the required written consent forms from the appropriate utility providers with no objection. One condition of approval has been recommended, as outlined above. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Applicant Request Letter, 7. Petition to Vacate, 8. Survey 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 #: 2025-1677 AN ORDINANCE TO APPROVE VAC-25-20 FOR PROPERTY LOCATED AT 322 SOUTH WALKER AVENUE IN WARD 1 TO VACATE 0.03 ACRES OF GENERAL 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 general 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 general 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 condition that any damage or relocation of any existing facilities will be at the property owner/developer's expense. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-1677 Item ID 9/16/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/29/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2025-0020: Vacation (322 S. WALKER AVE./MEEHAN, 524): Submitted by ALLISON MEEHAN for property located at 322 S. WALKER AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.7 acres. The request is to vacate 0.03 acres of a general utility easement. 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: To: The Fayetteville City Council August 11, 2025 We are asking for a Utility Easement Vacation to build an ADU to provide a place for family and friends to stay while they are visiting us in Fayetteville. The approximate size of the unit Will be 800 square feet with two bedrooms and one bathroom. We intend to build the unit on piers and stilts. We have had all required utility providers sign off on the easement vacation and have preliminary plans created by Jason Oury, Oury Designs. Final plans should be in hand by August 22. Our intent is to hire Stronghold to build the structure. Tease let us know if you need further information or have any questions. Thank you for your consideration. Steve and Allison Meehan PETITION TO VACATE A general utility/water and sewer EASEMENT LOCATED IN Lot Numbered Four (4), R & W Addition to the City of Fayetteville, Arkansas. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot Numbered Four (4), R & W Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows, A part of lot numbered four (4), R & W Addition to the City of Fayetteville, Arkansas. Commencing at the northeast corner of said lot four (4), thence along the east line of said lot four (4) south 36 degreesl9'00" west 113.31 feet; thence leaving said east line north 53 degrees 41'00" west 10.00 feet to the point of beginning; thence continuing north 53 degrees 41'00" west 15.00 feet; thence north 36 degrees 19'00" east 82.00 feet; thence south 66 degrees 28'20" east 15.38 feet, thence south 36 degrees 19'00" west 85.40 feet to the point of beginning, containing 0.03 acres, more or less. The petitioners wish to build an ADU for additional housing of friends and family members when they are visiting Fayetteville. Dated this day of ALQ V 4 20 2� 6 [a Printed A! I i�b h 1�_l 0 a,4'1 Printed Name wo Signature IN 9 io 6Al g o Si > Z' II Forth vt 55 N\/\iAea med� Account #: NWCLS004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 540575 PO #: Matter of: ORD 6909 AFFIDAVIT • STATE OF ARKANSAS ECEIVE 9/16/2025 'D Cr*Y OP FAYET'EV'LLE CITY CLERKS OFF CE Maria Hernandez -Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON county. State 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 6909 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 tide 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 $109.44. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 09121125; NWA nwaonfine.com 09121125 i J. Legal erk State of ARKANSAS. County of Sebastian �� J Subscribed and sworn to before me on this 22nd day of September, 2025 = _ �� •+ r N Y PUBLIC Ordinance:6909 File Number: 2025-1677 AN ORDINANCE TO APPROVE VAC-25-20 FOR PROPERTY LO- CATED AT 322 SOUTH WALKER AVENUE IN WARD 1 TO VACATE 0.03 ACRES OF GENERAL UTIL- ITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for cor- porate purposes; and WHEREAS, the City Council has determined that the follow- ing described portion of general 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 Coun- cil of the City of Fayetteville, Arkansas hereby vacates the portion of general utility ease- ment as described in Exhibit B attached to the Planning De- partment'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- provalis sublecttothe condition that any damage or relocation of any existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on September 16, 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. $109.44 September 21. 2025 540575