HomeMy WebLinkAboutOrdinance 6930113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6930
File Number: 2025-2149
111111111111111111111111111111111111111111111111111111111
TYPE: LAND RECORDS FEE: $30.00 1 OF 4
REC: 1 P18 2025 02:57PM I J. CREASON
KIND: ORDINANCE
WASHINGTON COUNTY, AR
KYLE SYLVESTER, CIRCUIT CLERK
FILE NO: 2025-32244
AN ORDINANCE TO APPROVE VAC-25-22 FOR PROPERTY LOCATED AT WEST ELM STREET AND
NORTH LEVERETT AVENUE IN WARD 2 TO VACATE 0.15 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
easement as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the
Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any damage or relocation of existing facilities will be at the property owner/developer's expense.
2. Right-of-way vacation is conditioned upon the approval of an associated large-scale development for a multi-
family development that occupies parcel 765-05140-000.
3. Right-of-way in the required width for a residential link street as shown in the applicant's attached exhibits
shall be dedicated in association with that large-scale development, prior to the obtaining of any building
permits. This right-of-way dedication shall enable the completion of a connection of W. Elm Street from N.
Garland Avenue to N. Leverett Avenue, and may include public access easement in -lieu of right-of-way where
atypical street design or materials are used.
4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said right-of-way
must be relocated at the owner/developer's expense as required by those entities, and easements shall be
dedicated as necessary.
Page 1
Ordinance: 6930
File Number: 2025-2149
PASSED and APPROVED on November 4, 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: $
Page 2
VAC-2025-0022 W. ELM ST & N. LEVERETT
EXHIBIT A
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Unclassified
Residential Link
Planned Neighborhood Link
■ ■ Planned Residential Link
~ Planning Area
_ ! Fayetteville City Limits
-- Shared -Use Paved Trail
PEACHTREE• DR
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EXHIBIT B
PARCEL 765-05140-000 RAZORBACK HOUSING LLC
PART OF A 20' RIGHT-OF-WAY VACATION
A PART OF THE NORTHWEST QUARTER (NW/4) OF THE SOUTHWEST QUARTER (SW/4) OF
SECTION 04, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NW/4 SW/4; THENCE ALONG THE
NORTH LINE OF SAID NW/4 SW/4, NORTH 87°08-38" WEST DISTANCE OF 20.00 FEET TO
THE WEST RIGHT-OF-WAY OF LEVERETT DRIVE AS DESCRIBED IN A PLAT FILED FOR
RECORD IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE AT PLAT BOOK 5 PAGE
80; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 02125'35" WEST A DISTANCE OF 649.53
FEET TO THE POINT OF BEGINNING;
THENCE NORTH 87012'48" WESTA DISTANCE OF 319.96 FEET; THENCE 24.69 FEET ON A
CURVE TO THE RIGHT WITH A RADIUS OF 67.00 FEETAND A LONG CHORD BEARING OF
SOUTH 38014'10" WEST 24.55 FEET; THENCE SOUTH 87012'48" EAST A DISTANCE OF
334.33 FEET TO SAID WEST RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-WAY NORTH
02025'35" EAST DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING
6,524 SQUARE FEET OR 0.15 ACRES, MORE OR LESS, AND BEING SUBJECT TO ANY
EASEMENTS OF RECORD OR FACT.
WASHINGTON COUNTY, AR
I CERTIFY THIS INSTRUMENT WAS FILED ON
11 18 2025 02:57PM
AND RECORDED IN REAL ESTATE
FILE NUMBER 2025-322"
KYLE SYLVESTER, CIRCUIT CLERK
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 4, 2025
CITY COUNCIL MEMO
2025-2149
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: VAC-2025-0022: Vacation (W. ELM ST & N. LEVERETT AVE/RAZORBACK HOUSING
LLC, 366): Submitted by CRAFTON TULL for property located at W. ELM ST & N.
LEVERETT AVE. in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI-
FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 14.40 acres.
The request is to vacate 0.15 acres of right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2025-0022 as shown in the attached Exhibits 'A'
and 'B', and with the following conditions of approval:
Any damage or relocation of existing facilities will be at the property owner/developer's expense;
2. Right-of-way vacation is conditioned upon the approval of an associated large-scale development for a
multi -family development that occupies parcel 765-05140-000;
3. Right-of-way in the required width for a residential link street as shown in the applicant's attached exhibits
shall be dedicated in association with that large-scale development, prior to the obtaining of any building
permits. This right-of-way dedication shall enable the completion of a connection of W. Elm Street from N.
Garland Avenue to N. Leverett Avenue, and may include public access easement in -lieu of right-of-way where
atypical street design or materials are used;
4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said right-of-way
must be relocated as required by those entities, and easements dedicated as necessary.
BACKGROUND:
The subject property is in north Fayetteville, immediately south of the University of Arkansas Agricultural
Research and Extension Center. The property is largely undeveloped, though previously had a single-family
home and agricultural outbuildings which have since been demolished. In total, the property contains about
14.40 acres and is currently zoned RMF-24, Residential Multi -Family, 24 Units per Acre. In July 2025, a
conditional use permit for a student housing development was approved by the Fayetteville Planning
Commission (CUP-2025-0032). A simultaneous submission was made to remove a portion of the master street
plan in the northwest corner of this property, a request that will need final approval by the City Council (ADM-
2025-0040). No overlay districts currently encumber the site.
Request: The applicant proposes to vacate a portion of undeveloped street right-of-way totaling 0.15 acres.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Staff is supportive of the applicant's request to vacate the subject right-of-way. In exchange for the right-of-way
vacation, the applicant is proposing to rededicate right-of-way for a residential link street to make the
connection of N. Elm Street from N. Garland Avenue to N. Leverett Avenue. Staff finds this request to be in
alignment with the City Plan 2040 goal of making compact, complete, and connected development the
standard. At the October 13, 2025 meeting, Planning Commission forwarded the request with a
recommendation of approval with a vote of 7-0-2 (Commissioner Cabe recused, and Commissioner Gulley was
absent at the time of the vote). The Commissioners found that the applicant's request still met the goals and
intent of the City, and agreed with the conditions as recommended by City staff. No public comment was made.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
Legislation Text (479) 575-8323
File #: 2025-2149
AN ORDINANCE TO APPROVE VAC-25-22 FOR PROPERTY LOCATED AT WEST ELM
STREET AND NORTH LEVERETT AVENUE IN WARD 2 TO VACATE 0.15 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 easement as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any damage or relocation of existing facilities will be at the property owner/developer's
expense.
2. Right-of-way vacation is conditioned upon the approval of an associated large-scale
development for a multi -family development that occupies parcel 765-05140-000.
3. Right-of-way in the required width for a residential link street as shown in the applicant's
attached exhibits shall be dedicated in association with that large-scale development, prior to the
obtaining of any building permits. This right-of-way dedication shall enable the completion of a
connection of W. Elm Street from N. Garland Avenue to N. Leverett Avenue, and may include
public access easement in -lieu of right-of-way where atypical street design or materials are used.
4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said
right-of-way must be relocated at the owner/developer's expense as required by those entities,
and easements shall be dedicated as necessary.
Page 1
City of Fayetteville Staff Review Form
2025-2149
Item ID
11/4/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 10/17/2025 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2025-0022: Vacation (W. ELM ST & N. LEVERETT AVE/RAZORBACK HOUSING LLC, 366): Submitted by CRAFTON
TULL for property located at W. ELM ST & N. LEVERETT AVE. in WARD 2. The property is zoned RMF-24,
RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 14.40 acres. The request
is to vacate 0.15 acres of right-of-way.
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:
CITY OF
FAYETTEVILLE
WO-111W ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Planning Director
MEETING DATE: October 13, 2025 Updated with results
SUBJECT: VAC-2025-0022: Vacation (W. ELM ST & N. LEVERETT
AVE/RAZORBACK HOUSING LLC, 366): Submitted by CRAFTON TULL
for property located at W. ELM ST & N. LEVERETT AVE. The property is
zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS
PER ACRE and contains approximately 14.40 acres. The request is to
vacate 0.15 acres of right-of-way.
RECOMMENDATION:
Staff recommends approval of VAC-2025-0022, with conditions.
RECOMMENDED MOTION:
`7 move to forward VAC-2025-0022 to City Council with a recommendation of approval, with all
conditions as recommended by staff. "
BACKGROUND:
The subject property is in north Fayetteville, immediately south of the University of Arkansas Agri
Farm. The property is largely undeveloped, though previously had a single-family home and
agricultural outbuildings which have since been demolished. In total, the property contains about
14.40 acres and is currently RMF-24, Residential Multi -Family, 24 Units per Acre. In July 2025, a
conditional use permit for a student housing development was approved by the Fayetteville
Planning Commission (CUP-2025-0032). A simultaneous submission was made to remove a
portion of the master street plan in the northwest corner of this property, a request that will need
final approval by the City Council (ADM-2025-0040). No overlay districts currently encumber the
site. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Agricultural
R-A, Residential Agricultural
South
Multifamily Residential
RMF-40, Residential Multi -Family, 40 Units per Acre
East
Multifamily Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
West
Multifamily Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
Proposal: The applicant proposes to vacate a portion of undeveloped street right-of-way totaling
0.15 acres.
DISCUSSION:
Staff is supportive of the applicant's request to vacate the subject right-of-way. In exchange for
the right-of-way vacation, the applicant is proposing to rededicate right-of-way in the full width of
a residential link street to make a full connection of N. Elm Street from N. Garland Avenue to N.
Leverett Avenue. This request is in direct alignment with the City Plan 2040 goal of making
compact, complete, and connected development the standard.
Planning Commission
October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Paqe 1 of 12
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 that any damage or relocation of any Cox
facilities will be at the applicant's request.
AEP/SWEPCO No objections, provided an easement is dedicated along the right-
of-way for existing overhead line, or the owner will have to pay
SWEPCO for relocation.
Black Hills Energy No objections and no comments.
AT&T No objections, provided that the developers agree to relocate at
their expense the existing AT&T cable out of the existing right-of-
way into a new easement or right-of-way path.
Ozarks Electric
Citv of Favetteville
Water/Sewer
Solid Waste & Recycling
Transportation
No objections and no comments.
Response
No objections and no comments.
No objections and no comments.
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-2025-0022. Should the Planning
Commission choose to forward it to the City Council, staff recommends the following conditions:
Conditions of Approval:
Any damage or relocation of existing facilities will be at the property owner/developer's
expense;
2. Right-of-way vacation is conditioned upon the approval of an associated large-scale
development for a multi -family development that occupies parcel 765-05140-000;
3. Right-of-way in the required width for a residential link street as shown in the applicant's
attached exhibits shall be dedicated in association with that large-scale development, prior
to the obtaining of any building permits. This right-of-way dedication shall enable the
completion of a connection of W. Elm Street from N. Garland Avenue to N. Leverett
Avenue;
4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said
right-of-way must be relocated as required by those entities, and easements dedicated as
necessary.
Planning Commission
October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Paqe 2 of 12
PLANNING COMMISSION ACTION: Required
Date: October 13, 2025 O Tabled
IMotion:Werner
ISecond: Castin
YES
[A Forwarded O Denied
with all conditions as
recommended by staff.
jVote: 7-0-2 (Cabe recused, Gulley absent at time of vote
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Applicant Request Letter
• Applicant Petition to Vacate
• Survey — Right-of-way to be Vacated
Planning Commission
October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Paqe 3 of 12
VAC-2025-0022 W. ELM ST & N. LEVERETT AL
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Fayetteville City Limits
1 1 Planning Area
Subject Property
Planning Area`- Fayetteville City Limits _---
c-2
October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Page 4 of 12
VAC-2025-0022 W. ELM ST & N. LEVERETT
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October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Page 5 of 12
VAC-2025-0022 W. ELM ST & N. LEVERETT AVE
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Fayetteville City Limits
Feet
0 112.5 225 450
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POPLAR ST—
FEMA Flood Hazard Data
100-Year Floodplain
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October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Paqe 6 of 12
�� Crafton Tull
® architecture I engineering I surveying
August 29, 2025
Planning Department
City of Fayetteville
125 W Mountain Street
Fayetteville, AR 72701
RE: Elm Street Apartments- Right of way vacation
300 North College, Suite 317
Fayetteville, AR 72701
479.455.2207
craftontull.com
The Elm Street Apartment development proposes reconfiguring Elm Street's right of way. In order to do
this, we are proposing the eastern portion of the existing right-of-way to be vacated. In exchange, new
right-of-way will be dedicated as part of the development to maintain public connectivity between
Garland Avenue and Leverett Avenue. This adjustment ensures that the existing street network remains
intact while accommodating the new site layout.
Within the package you will find the legal description, parcel map, survey of the site, petition to vacate,
and the utility department's sign off forms.
We appreciate your consideration of our request.
Sincerely,
III
Caroline Gardner, P.E.
Project Manager
Crafton Tull
Planning Commission
October 13, 2025
(RAZORBACK HOUSING LLC)
Paqe 7 of 12
PETITION TO VACATE A STREET RIGHT-OF-WAY LOCATED WITHIN PARCEL
765-05140-000, 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 within parcel 765-05140-000, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way which is
described as follows:
PARCEL 765-05140-000 RAZORBACK HOUSING LLC
PART OF A 20' RIGHT-OF-WAY VACATION
A PART OF THE NORTHWEST QUARTER (NW/4) OF THE SOUTHWEST QUARTER
(SW/4) OF SECTION 04, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NW/4 SW/4; THENCE ALONG
THE NORTH LINE OF SAID NW/4 SW/4, NORTH 87°08'38" WEST A DISTANCE OF 20.00
FEET TO THE WEST RIGHT-OF-WAY OF LEVERETT DRIVE AS DESCRIBED IN A PLAT
FILED FOR RECORD IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE AT
PLAT BOOK 5 PAGE 80; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 02°25'35"
WEST A DISTANCE OF 649.53 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 87012'48" WEST A DISTANCE OF 319.96 FEET; THENCE 24.69 FEET
ON A CURVE TO THE RIGHT WITH A RADIUS OF 67.00 FEET AND A LONG CHORD
BEARING OF SOUTH 38014' 10" WEST 24.55 FEET; THENCE SOUTH 87012'48" EAST A
DISTANCE OF 334.33 FEET TO SAID WEST RIGHT-OF-WAY; THENCE ALONG SAID
RIGHT-OF-WAY NORTH 02025'35" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 6,524 SQUARE FEET OR 0.15 ACRES, MORE OR LESS, AND
BEING SUBJECT TO ANY EASEMENTS OF RECORD OR FACT.
That the abutting real estate affected by said abandonment of the street right-of-way are parcel
765-05140-000, 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.
Planning Commission
October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Page 8 of 12
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above -
described real estate, and that the above -described real estate be used for their respective benefit
and purpose as now approved by law.
WHEREFORE, the undersigned petitioners respectfully ask that the governing body of the City
of Fayetteville, Arkansas, abandon and vacate the above described real estate, 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 right-of-way of the public for the
use of said street right-of-way.
Dated this 26 day of September 52025
David Bird
Printed Name
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Y Egnyte Sign - 51M1e13:3
Signature
Planning Commission
October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Page 9 of 12
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EXHIBIT B
GRAPHIC SCALE IN FEET
100' 0 100'
_ _N87'08'38"W 20.00'---,,
P.O.C.
NE COR, NW 1/4, SW1/4,
SEC. 4, T-16-N, R-30-W
CURVE TABLE
CURVE ¥
LENGTH
RADIUS
DELTA
CHORD DIRECTION
CHORD LENGTH
Cl
24.69'
67.00'
21'06'52"
S38' 14' 10"W
24.55'
OWNER: RAZORBACK HOUSING LLC
PARCEL: 765-05140-000
DEED: 2024-00678
- - --------
20' R/W PLAT F
30' R/W
PLAT RECORD 3-537
PROPOSED 52'
RIGHT-OF-WAY
P.O.B.
RIGHT-OF-WAY
TO N87'12'48'W 319.96'BE VACATED
M�
THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE,
SHAPE, AND LOCATION OF THE EASEMENT TO WHICH IT IS
S8712'48"E 334.33'
RIGHT-OF-WAY
TO BE VACATED
6,524 SQ. FEET t
OR 0.15 ACRES f
20' R/W
PLAT RECORD 5-80
October 13, 2025
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Page 10 of 12
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VAC-2025-0022 (RAZORBACK HOUSING LLC)
Paqe 11 of 12
VAC-2025-0022 (RAZORBACK HOUSING LLC)
Paqe 12 of 12
Form v1.55
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Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number #: 555826
PO #:
Matter of. ORD 6930
AFFIDAVIT • STATE OFARKANSAS
ECEIVE
5,'D
CRY OF FAYETTEV►LI,F
CITY CLERICS OFFICE
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 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 6930
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 $170.24.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 11123125; NWA nwaonlinecom 11123125
Legal Clery
State ofARKANSAS, County of Sebastian ,
Subscribed and sworn to before me on this 24th day of November, 2025
1
NO Y PUBLIC
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�INly C 0 U0���,
Ordinance: 6930
File Number: 2025-2149
AN ORDINANCE TO APPROVE
VAC-25-22 FOR PROPERTY LO-
CATED AT WEST ELM STREET
AND NORTH LEVERETT AVENUE
IN WARD 2 TO VACATE 0.15
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 FAYEFTEVILLE,
ARKANSAS:
Section 1: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby vacates the
portion of right-of-way 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-
proval is subject to the following
conditions:
1. Any damage or relocation
of existing facilities will be at
the property owner/developer's
expense.
2. Right-of-way vacation is
conditioned upon the approval
of an associated large-scale de-
velopmentfor a multi -family de-
velopment that occupies parcel
765-05140-000.
3. Right-of-way in the re-
quired width for a residential
link street as shown in the ap-
plicant's attached exhibits shall
be dedicated in association with
that large-scale development,
prior to the obtaining of any
building permits. This right-of-
way dedication shall enable the
completion of a connection of W.
Elm Street from N. Garland Av-
enue to N. LeverettAvenue, and
may include public access
easement in -lieu of right-of-way
where atypical street design or
materials are used.
4. All SWEPCO, AT&T, Black
Hills Energy, and water and
sewer facilities located within
said right-of-way must be relo-
cated at the owner/developer's
expense as required by those
entities, and easements shall be
dedicated as necessary.
PASSED and APPROVED on
November 4, 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: $170.24
November 23, 2025 555826