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HomeMy WebLinkAboutOrdinance 6938113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6938 File Number: 2025-2442 iiiiiiiiiiiiiiiiiiiiiillillillillI TYPE: LAND RECORDS FEE: $25.00 1 OF 3 REC: 11 21 2025 12:41PM I B. REID KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER, CIRCUIT CLERK FILE NO: 2025-32651 AN ORDINANCE TO APPROVE VAC-25-24 FOR PROPERTY LOCATED AT 618 NORTH WILSON AVENUE IN WARD 2 TO VACATE 0.14 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; and WHEREAS, on November 10, 2025, the Planning Commission voted unanimously to recommend approval of this vacation. 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 condition the condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on November 18, 2025 Approved: -�O� 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: $117.04 Page 1 VAC-2025-0024 618 N. W I LS O N AVE EXHIBIT A Close Up View lu;iir i O� V P-1 �F°4ZG A p u -► RSF-4 Subject Property ��1 a w LOUISE-Sr o al Sa w W LLI > ILA-ST—z uu wCn Q RMF-40 v �` 15 MAPLEST w G? � W W H p1a DG NORTH Urban Center Residential Link Planning Area Fayetteville City Limits Feet — — — Shared -Use Paved Trail - - - Trail (Proposed) 0 75 150 300 450 600 Design Overlay District :2,400 EXHIBIT B AREA OF ALLEY VACATION A PART OF A 12.5 FOOT WIDE ALLEY, SAID ALLEY LYING EAST OF AND IMMEDIATELY ADJACENT TO THE EAST BOUNDARY OF LOTS THREE (3), FOUR (4) AND FIVE (5) IN BLOCK TWO (2) OF WILSON'S FIRST ADDITION, AS PER THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT THREE (3), SAID POINT BEING AN EXISTING IRON REBAR ON THE WEST LINE OF AN ALLEY; THENCE NO2'45'49"E 50.39 FEET ALONG THE WEST SIDE OF SAID ALLEY TO THE NORTHEAST CORNER OF SAID LOT THREE (3); THENCE S87' 10'40"E 6.29 FEET TO AN EXISTING IRON REBAR; THENCE S87'10'40"E 5.93 FEET TO A POINT ON THE EAST LINE OF SAID ALLEY; THENCE S02,41'47"W 50.42 FEET ALONG THE EAST LINE OF SAID ALLEY TO A POINT; THENCE LEAVING THE EAST LINE OF SAID ALLEY, N87'02'03"W 12.28 FEET TO THE POINT OF BEGINNING, CONTAINING 617.4 SQUARE FEET, MORE OR LESS. WASHINGTON COUNTY, AR I CERTIFY THIS INSTRUMENT WAS FILED ON 11 21 202512:41PM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-32651 KYLE SYLVESTER, CIRCUIT CLERK CITY OF mi'.P FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 18, 2025 TO: Mayor Rawn and City Council THRU: FROM: Council Member Sarah Moore CITY COUNCIL MEMO 2025-2442 SUBJECT: An Ordinance to Vacate 0.14 acres of right of way at 618 N. Wilson Avenue in Ward 2 RECOMMENDATION: Council Member Moore is sponsoring an ordinance to vacate 0.14 acres of right of way at 618 N. Wilson Avenue in Ward 2. BACKGROUND: On November 10, 2025, the Planning Commission voted unanimously to recommend approval of the vacation. DISCUSSION: The applicant proposes to vacate a portion of platted alley right-of-way that both begins and terminates about halfway through the block between W. Louise St. and W. Ila St. The applicant intends to sell their existing single-family residence, a portion of which is located within the existing right-of-way. BUDGET/STAFF IMPACT: None ATTACHMENTS: 3. Agenda Request Form - Sarah Moore - VAC 25-24, 4. Email Request for Agenda Addition - VAC-2025-24, 5. VAC-2025-0024 PC Report FWD 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 #: 2025-2442 AN ORDINANCE TO APPROVE VAC-25-24 FOR PROPERTY LOCATED AT 618 NORTH WILSON AVENUE IN WARD 2 TO VACATE 0.14 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; and WHEREAS, on November 10, 2025, the Planning Commission voted unanimously to recommend approval of this vacation. 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 condition the condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. Page 1 CivicClerk No.: 2025-2442 AGENDA REQUEST FORM FOR: Council Meeting of November 18, 2025 FROM: Council Member Sarah Moore ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO APPROVE VAC-25-24 FOR PROPERTY LOCATED AT 618 NORTH WILSON AVENUE IN WARD 2 TO VACATE 0.14 ACRES OF RIGHT-OF- WAY APPROVED FOR AGENDA: Approved by email Council Member Sarah Moore Blake Pennington Approved as to form Acknowledged by email Mayor Molly Rawn Acknowledgement 11/12/25 Date 11/13/25 Date 11/13/25 Date ORDINANCE NO. AN ORDINANCE TO APPROVE VAC-25-24 FOR PROPERTY LOCATED AT 618 NORTH WILSON AVENUE IN WARD 2 TO VACATE 0.14 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; and WHEREAS, on November 10, 2025, the Planning Commission voted unanimously to recommend approval of this vacation. 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 condition the condition that any damage to or relocation of existing facilities will be at the property owner/developer's expense. Pennington, Blake From: Moore, Sarah Sent: Wednesday, November 12, 2025 10:01 PM To: Pennington, Blake; Curth, Jonathan Cc: Williams, Kit; Rawn, Molly; Macedo, Keith; Barnes, Stacy Subject: Re: VAC-2025-0024: Vacation (618 N. WILSON AVE/KENT, 445): This looks good Blake. Thanks to everyone for the assistance to move this up for Ms Kent Sarah Moore Fayetteville City Council, Ward 2 sarah.moore@fayetteville-ar.gov 479.263.6629 IFAYETS AEVILLE 5 Report a concern with SeeClickFix: httDs://www.favetteville-ar.eov/4233/Report-a-Concern-with-SeeClickFix Speak up on City projects: https://speakup.fayetteviIIe-ar.gov/ Voice your feedback to the entire Council and Mayor by emailing: agendaitemcomment@fayetteville-ar.gov From: Pennington, Blake <bpennington@fayetteville-ar.gov> Date: Wednesday, November 12, 2025 at 3:03 PM To: Moore, Sarah <sarah.moore@fayetteville-ar.gov>, Curth, Jonathan <jcurth@fayetteville-ar.gov> Cc: Williams, Kit <kwilliams@fayetteville-ar.gov>, Rawn, Molly <molly.rawn@fayetteville-ar.gov>, Macedo, Keith <kmaced o@fayetteville-ar.gov>, Barnes, Stacy <sbarnes@fayetteville-ar.gov> Subject: RE: VAC-2025-0024: Vacation (618 N. WILSON AVE/KENT, 445): Sarah, please see the agenda request form and ordinance attached. If you approve we'll get it going for the agenda session tomorrow. Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas baenningtonCcbfavetteville-ar.gov Direct: (479) 575-8312 From: Moore, Sarah <sarah.moore@fayetteville-ar.gov> Sent: Wednesday, November 12, 2025 11:26 AM To: Curth, Jonathan <jcurth@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>; Pennington, Blake <b pe n n i n gto n@ fayettevi i l l e-a r.gov> Subject: VAC-2025-0024: Vacation (618 N. WILSON AVE/KENT, 445): Hi Jonathan, Blake and Jessie It appears this was approved at the planning commission meeting. I had previously spoken to Jonathan about bringing this to the current city council meeting in order to save Ms Kent some time on the closing of the property. What steps do I need to take in order to bring this to council for agenda session tomorrow? Thanks! Sarah Moore Fayetteville City Council, Ward 2 sarah.moore@fayetteville-ar.gov 479.263.6629 ��FAYETTEVILLE A.... S AS Report a concern with SeeClickFix: https://www.fayetteville-ar.gov/4233/Report-a-Concern-with-SeeClickFix Speak up on City projects: https://spea kup.fayetteviI le-ar.gov/ Voice your feedback to the entire Council and Mayor by emailing: agendaitemcomment@favetteville-ar.gov CITY OF FAYETTEVILLE 049F ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Donna Wonsower, Senior Planner MEETING DATE: November 10, 2025 (UPDATED WITH MEETING RESULTS) SUBJECT: VAC-2025-0024: Vacation (618 N. WILSON AVEXENT, 445): Submitted by CENTURY 21 for property located at 618 N. WILSON AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.14 acres. The request is to vacate 0.02 acres of right-of-way. RECOMMENDATION: Staff recommends denial of VAC-2025-0024. RECOMMENDED MOTION: "1 move to forward VAC-2025-0024 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is in central Fayetteville approximately 160 feet south of Wilson Park along N. Wilson Ave. The property is zoned RSF-4, Residential Single -Family, 4 Units per Acre and is included within the city's Enduring Green Network. The property is currently developed with a 1,447 square foot single-family dwelling that County records indicate was constructed in 1936. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Proposal: The applicant proposes to vacate a portion of platted alley right-of-way that both begins and terminates about halfway through the block between W. Louise St. and W. Ila St. The applicant intends to sell their existing single-family residence, a portion of which is located within the existing right-of-way. Planning Commission November 10, 2025 VAC-2025-0024 (KENT) Paqe 1 of 13 DISCUSSION: On the balance of considerations, staff recommends denial of the applicant's request to vacate the right-of-way. The removal of the alley does not appear to be in line with the stated goals of City Plan 2040. Alley -loaded development supports the City's goals to create sites that are compact, complete, and connected. The alley right-of-way is partially improved with existing driveways that are partially filling the role of an alley to the north and south, though these are disconnected within the center of the block. That said, staff recognizes that there are barriers to a potential alley development as it currently stands; including steep topography immediately north of the proposed vacation area, retaining walls, fencing, unpermitted building expansions, and the previous vacation of roughly the northern third of the alley in 1987 (ORD 3267). Contributing to staff's recommendation to deny is related to a lack of unanimity from adjacent property owners. The property owner to the northwest has not provided a signed adjacent property owner form, though they did reach out to the planning department and were sent documentation on the requested vacation over email. No signoff or contact has been received from the property owner to the southeast. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. Utility Response Cox Communications No objections, provided that any damage or relocation of existing facilities will be at the property owner/developer's expense. AEP/SWEPCO No objections, provided that any damage or relocation of existing facilities will be at the property owner/developer's expense. Black Hills Energy No objections and no comments. AT&T No objections and no comments. Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer No objections and no comments. Solid Waste & Recycling No objections and no comments. Transportation No objections and no comments. Public Comment: Two adjacent property owners have expressed support for the proposed vacation and staff received a request for additional information from the adjacent property owner to the north. No other comments have been received. RECOMMENDATION: Staff recommends denial of VAC-2025-0024. Should the Planning Commission choose to forward, staff recommends the following conditions: Conditions of Approval: Any damage or relocation of existing facilities will be at the property owner/developer's expense; Planning Commission November 10, 2025 VAC-2025-0024 (KENT) Paqe 2 of 13 PLANNING COMMISSION ACTION: Required YES Date: November 10, 2025 O Tabled 71 Forwarded O Denied "I move to forward VAC-2025-0024 to City Council with a recommendation of Motion: approval and with conditions as recommended by staff." (Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close -Up Map o Current Land Use Map • Staff Exhibits: o Topography Exhibit o Site Photographs • Applicant Request Letter • Applicant Petition to Vacate • Survey Planning Commission November 10, 2025 VAC-2025-0024 (KENT) Paqe 3 of 13 VAC-2025-0024 618 N. W I LS O N AVE One Mile View NORTH ;i — 0 0.13 0.25 0.5 Miles UC Q ■ 1 � Z C_1 Q C'2 ♦ W Q *Pq C7 ,%in tom— NORTH ST R-O LU1 RSF-4 QT �;; J J CLEV LAND'ST -1 Subject Property v CS �Q �C UT - - -' MAPLE I P-1 WX 1 Q � DIC I r tl I RMF_dal! MSC��' h�CKA Neighborhood Link - - - Institutional Master Plan Regional Link - High Activity Urban Center _ - Unclassified r _ - Alley ❑ - Residential Link Shared -Use Paved Trail " Trail (Proposed) p Design Overlay District �7 Fayetteville city Limits - Planning Area I I Planning Area Fayetteville City Limits WIETT&ST— November 10, 2025 VAC-2025-0024 (KENT) Page 4 of 13 November 10, 2025 VAC-2025-0024 (KENT) Paqe 6 of 13 STAFF EXHIBIT: TOPOGRAPHY DIIISC S1 ` 1 135g t359 ... — ...... . ....................... .................. t�:::1363 (ill 135T 431 ta&1. "?� o VAC-2025-002 75 1 3i................ 1 Sc 4 r� 1 W Ila S Planning Projects -a me Uae Caae - Active 1] Board of "j,axment Meeting ❑ City Council Hearing Planning Commission Subdviaion Committee Hearing Tech Plat Meeting Zoning Zoning Overlaya Master Plan Area El Deaign oreray oiatr-.ct El Slope Greater Than 15% Streams,de Protection Zone -Approximate) �i Aoaitional . Bankfull Management Aatera de Contour. Contour 1 ...........,. Planning Commission November 10, 2025 VAC-2025-0024 (KENT) Paqe 7 of 13 :10 •• i �- or rS Halfway r y. marker of alley/�tROW t: � s • ;:r: lip kit, s J �'M fNw I M.01,11,511 Driveway entrance in vacated alley ROW on Louise St Driveway entrance in alley ROW on Ila St Planning Commission November 10, 2025 VAC-2025-0024 (KENT) Paqe 9 of 13 September 25, 2015 Dear Planning Commission Members, I am Patricia N. Kent, 618 N. Wilson, Fayetteville, living in my house 40 years. Many, many years ago a screened -in porch was added for outside enjoyment free of bugs and mosquitos. The new buyer is happy to enjoy bug free space. We found out a couple of weeks ago that the back of this porch is in the old alley a couple of feet. So, we are following the instructions to apply for vacating the few feet of this old alley. We are under contract with a new buyer trying to close as soon as possible. We got a new survey yesterday to complete the application. We are hopeful this application goes through smoothly and successfully. ,TJ ank you for all your assistance in this process. I lu �atri,,cia N Kent Planning Commission November 10, 2025 VAC-2025-0024 (KENT) Pape 10 of 13 September 25, 2015 Dear City Council Members, I am Patricia N. Kent, 618 N. Wilson, Fayetteville, living in my house 40 years. Many, many years ago a screened -in porch was added for outside enjoyment free of bugs and mosquitos. The new buyer is happy to enjoy bug free space. We found out a couple of weeks ago that the back of this porch is in the old alley a couple of feet. So, we are following the instructions to apply for vacating the few feet of this old alley. We are under contract with a new buyer trying to close as soon as possible. We got a new survey yesterday to complete the application. We are hopeful this application goes through smoothly and successfully. (piqn1s, for all y ur ass. tance in this process. Patricia N Kent Planning Commission November 10, 2025 VAC-2025-0024 (KENT) Paqe 11 of 13 PETITION TO VACATE AN ALLEY RIGHT-OF-WAY LOCATED EAST OF AND IMMEDIATELY ADJACENT TO THE EAST BOUNDARY OF LOTS THREE (3), FOUR (4) AND FIVE (5) IN BLOCK TWO (2) OF WILSON'S FIRST 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 alley right-of-way hereinafter sought to be abandoned and vacated, lying FAST OF AND IMMEDIATELY ADJACENT TO THE EAST BOUNDARY OF LOTS THREE (3), FOUR (4) AND FIVE (5) IN BLOCK TWO (2) OF WILSON'S FIRST ADDITION, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley right-of-way which is described as follows: A PART OF A 12.5 FOOT WIDE ALLEY, SAID ALLEY LYING EAST OF AND IMMEDIATELY ADJACENT TO THE EAST BOUNDARY OF LOTS THREE (3), FOUR (4) AND FIVE (5) IN 13LOCK TWO (2) OF WILSON'S FIRST ADDITION, AS PER THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT THREE (3), SAID POINT BEING AN EXISTING IRON REBAR ON THE WEST LINE OF AN ALLEY; THENCE N02045'49"E 50.39 FEET ALONG THE WEST SIDE OF SAID ALLEY TO THE NORTHEAST CORNER OF SAID LOT THREE (3); THENCE S87°10'40"E 6.29 FEET TO AN EXISTING IRON REBAR; THENCE S87"10'40"E 5.93 FEET TO A POINT ON THE EAST LINE OF SAID ALLEY; THENCE S02"41'47 W 50.42 FEET ALONG THE EAST LINE OF SAID ALLEY TO A POINT; THENCE LEAVING THE EAST LINE OF SAID ALLEY, N87"0703V 12.28 FEET TO THE POINT OF BEGINNING, CONTAINING 617.4 SQUARE FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the alley are Block 2, Lots 2, 4, and 8, Wilsons First Addition, 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 alley 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 teal 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 landtheowners be free from the easements of the public for the use of said alley. Dated this day of 04:56 PM ZOZS, &V(-�"-�0- Printed Name 10/2�J2025 44:57 PM Planning Commission November 10, 2025 VAC-2025-0024 (KENT) Pape 12 of 13 zm �n Dy Oy �uimN O0x S A ZD DC �C Zy'IZ Am o m N O O< m m 6 5 nZiO NDOA�= A D O W D m G D O O A O N m O A ~0 o V A C S z m D DO x ��mmi1SCO DZD InD r0 N�m 00 CA -O mt+I K~ ti C C C F O y 3 m Z OZ pzmN ZZ F AN n~ m A O.-IDI o mDO= O- "o z zN � oz m N� ;m zA y <� 3 m N A F K O A N m O A m N N D O o Z o z A m M A o D A < rn ti _A Z m Z D OF- n D Z > m 0 z J O AAZ (TA Z D J G N➢N NJm OWN 10 1 A3HS A �o m DA�bF y r~n 1 O W m 11 y R I ' I I I I I I I i I o I rn o I > I I I I I I I I I I I I I I I I S02'44'33"W I 125 95' ARFAOF TO REMAN ALLEY N O EN TO REMAIN ALLEY EN S02'45'O6"W 125.91 Staff Clarification: Outline of Proposed Alley Vacation per Provided Legal Description m o z TfO W.: V 00 N N - 0 N o C. �I 7 V o m V 0 O Z N V 0 r FFN 00 N� (71 A I y N � O N O D a ao O W U Foom env O N O Z O �o Vg J L1 % sa m� " r ? G % r J nss' L338.86' 502'23'5W 5 r U �Wom os o z o n mm C oNz O"D rm<�a s"�zz yyyy g2�oO y � p"��mO OyZ m-O -� y�C."l Omn D�l�2TnvDio wa " �wNwA�ma " N pi o �o>m� �P =m=og-- one 9Aoo i!�m�=<oA boo �e �Fz�'mi7�=F zo�` m AM, "0mS`y' - of of �a�Ds=ems - ooEom -- M,- "ogT =- z pTAo"bojg� z �xomz�o; ` zo o zEz ��y o - o zNo �^� o o`2 �y�o< mm .NZ, "Nm �7 9-0 iFo m u4ommm5 >' m ova O m ���� 7:m November 10, 2025 VAC-2025-0024 (KENT) Paqe 13 of 13 Form 0.55 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 556798 PO #: Matter of. ORD 6938 AFFIDAVIT • STATE OFARKANSAS ECEIVE 11/25/2025 CRY OF FAYETTEVILLE CITY CLERK'S 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 6938 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 $117.04. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 11123125, NWA nwaonline.com 11123125 6 / /��ir r State ofARKANSAS, County of Sebastian , Subscribed and sworn to before me on this 24th day of November, 2025 1 NO Y PUBLIC \ \\,\\\IIIIIIII/// \ //// G�. BRAS A 3y OJ \12-20,?,+6 pTAP yA% u cn:� °�'•� N Q= PUBOc- ryo: 2 i 4 ... �/CO UIN,� Ordinance: 6938 File Number: 2025-2442 AN ORDINANCE TO APPROVE VAC-25-24 FOR PROPERTY LO- CATED AT 618 NORTH WILSON AVENUE IN WARD 2 TO VACATE 0.14 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; and WHEREAS, on November 10, 2025, the Planning Commission voted unanimously to recom- mend approval of this vacation. NOW, THEREFORE, BE IT OR- DAINED 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 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 condition the condition that any damage to or relocation of ex- isting facilities will be at the property owner/developer's ex- pense. PASSED and APPROVED on November 18, 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: $117.04 November 23, 2025 556798